Kelleys Island City Zoning Code
SHORE DISTRICT
§ 152.131 PURPOSE.
The purpose of creating this ordinance is to:
(A) Exercise local regulation of the shoreline in regard to the placing of unlawful encroachments therein.
(B) Set forth the project review criteria for development projects. Sufficient evidence that all project review criteria set forth in the Shore District Section of this Zoning Code will be satisfied is prerequisite to the approval of the project by the Planning Commission.
(C) Set forth the allowable uses and structures in the shore district. The concept of use includes any activity within the shore district whether related to land, water, air or other resources of the lake.
(D) Define when modifications to existing structures require the review of the Planning Commission.
(E) Regulate the building of structures lakeward of the shoreline in order to avoid interference with scenic vistas of Lake Erie, to protect the littoral rights of upland property owners, and to protect the health, safety and general welfare of the community.
(Ord. 591, passed 4-25-92)
§ 152.132 ESTABLISHMENT OF DISTRICT.
(A) Harbor Line Established. A harbor line was established by Village Council in § 11.10 of the Codified Ordinances pursuant to R.C. § 721.04. A description of the harbor line is set forth in that section. For all purposes of government and exercise of such powers the limits shall be held to extend out, in, over and under such water and land in this territory. (R.C. § 721.04).
(B) Limitations. All regulations are further subject to the rights of the United States as regulated by the Army Corps of Engineers and as set forth in § 404 of the Clean Water Act and § 10 of the Rivers and Harbors Act of 1899.
(Ord. 591, passed 4-25-92; Am. Ord. 2000-O-47, passed 8-10-00; Am. Ord. 2001-O-12, passed 4-12-01)
§ 152.133 PROJECT REVIEW CRITERIA.
(A) Criteria. A project in the shore district shall only be approved when the Planning Commission finds that:
(1) The project will not adversely impact or bring significant harm to the stability of the erosion hazard area as delineated by the Ohio Department of Natural Resources.
(2) There are sufficient accessory facilities, such as restrooms, pump-out stations and parking, to accommodate the project.
(3) The project is compatible with existing shore uses and zoning in the immediate vicinity.
(4) The project is compatible with existing zoning in the upland property.
(5) The proposed use in the shore district is water dependent.
(6) Measures will be taken to prevent spills or discharges of hazardous materials.
(7) Construction and access techniques used will minimize disturbance to the ground and vegetation.
(8) The project will not adversely impact navigation or create a threat to public safety.
(9) The proposed use will not interfere with the attainment of scenic vistas of Lake Erie.
(10) The project will comply with the location and development standards outlined in § 152.136.
(11) The project will not interfere with the littoral rights of adjacent property owners.
(12) The project will not adversely impact or bring significant harm to the integrity of an historic site or structure in the immediate vicinity.
(Ord. 591, passed 4/25/92)
§ 152.134 PERMISSIBLE USES AND STRUCTURES.
(A) Permissible Uses. This section identifies the permissible uses in the shore district:
(1) Beach recreation (where designated)
(2) Commercial boating
(3) Water-borne transit (to include ferry boat, tour boat, barge and shipping activity)
(4) Fishing
(5) Recreational boating
(6) Industrial port facility operations
(B) Permissible Structures. The following structures shall be permitted in the shore district:
(1) Boat ramps
(2) Docks
(3) Utility lines
(4) Safety and navigational facilities
(5) Shore protection structures
(6) Boathouses
(7) Unenclosed boat port/wells with flush mounts and swivel hoists
(8) Gazebos and decks constructed on docks.
(C) Structures with Designated Locations. The following facilities shall only be permitted where designated in § 152.136:
(1) Commercial marinas
(2) Commercial port facilities
(3) Industrial port facilities
(D) Non-Conforming Structures. If a structure in the shore district existed prior to the effective date of this ordinance, its use may be continued although it does not conform to the provisions of this ordinance. If it is voluntarily discontinued for a period of two or more years, any subsequent use shall comply with the regulations set forth in § 152.133 of this chapter.
(Ord. 591, passed 4-25-92)
§ 152.135 EXISTING STRUCTURES.
(A) Applicability. Structures in the shore district constructed prior to the effective date of this ordinance or structures legally constructed after the effective date of this ordinance are recognized as existing structures provided the structure has not been unserviceable for more than three years. Expansion and alteration to existing structures shall be subject to the provisions of this ordinance and to the review procedure outlined in § 152.137(B).
(B) Definition of Expansion or Alteration. An expansion is defined as an increase in the size or extent, including an increase in the dimensions of a structure, change in configuration of a structure and the addition of any structure or edifice to an existing structure including floating docks. An alteration is the replacement or reconstruction of, or modification to, the members of a structure that affect the weight bearing or strength capacity of the structure.
(C) Exempt Activities. Ordinary maintenance and repair which is the replacement of, or modification to parts of a structure that do not affect the dimensions, weight bearing or strength capacity of the structure shall not be subject to review and approval by the Planning Commission.
(D) Abandoned Structures. Any structure in obvious need of repair or maintenance that has been neglected for more than three years will be considered to be abandoned and could be subject to removal by the Village of Kelleys Island provided proper notification is given to the owner. Any costs incurred by the village in removing a structure will be charged to the owner's tax duplicate.
(Ord. - , passed - )
§ 152.136 LOCATION AND DEVELOPMENT STANDARDS.
(A) Applicability. All developments and improvements lakeward of the shoreline shall comply with the standards and provisions set forth in this section. All expansions and alterations to existing structures shall also comply with these standards and provisions.
(B) Authority. The Planning Commission shall be responsible for reviewing applications for development and improvements as well as applications for expansion and alteration to assure their compliance with this section as well as the project review criteria set forth in § 152.133.
(C) Private Facilities. These are defined as docks and structures placed within the waters of Lake Erie for the sole use of the upland owner and for their personal benefit.
(1) Private facilities shall be located where the upland property is designated R-1 or R-2 Residential Zoning District.
(2) Docks shall have no more than three slips or spaces for three boats per residential lot.
(3) No more than one boat ramp per residential lot shall be constructed. Plans submitted with the application for a zoning certificate must demonstrate that traffic will not be impeded and that adequate parking will be provided.
(4) For each dock or boat ramp constructed there shall be a minimum of two off street parking spaces provided. Parking shall be provided off-shore for all new docks and boat ramps.
(5) Boat port/wells shall have a roof only and shall not exceed a height of one story or 22 feet above ordinary high water. Boathouses shall not exceed a height of one story or 22 feet above ordinary high water.
(6) A maximum of two covered unenclosed boat port/wells, boathouses and a maximum of two out of the water lifting devices are permitted and shall be designed and constructed as a unit.
(7) All of the above (1-6) shall be installed subject to Planning Commission approval and assuring navigable waters are maintained.
(8) The height of any structure located in any private facility zoning district shall not exceed 22 feet, as measured from ordinary high water mark. The setbacks of any structure located in any private facility zoning district must also meet all of the setback regulations of the zoning district of the adjacent upland property, except for a bulkhead or seawall, which may extend from property line to property line and no farther than ten feet out into the lake from the natural shoreline. Docks shall be set back 15 feet from the littoral boundary as established on a case-by-case basis by the Ohio Department of Natural Resources.
(9) No barges, cranes or heavy equipment shall be permitted at private facilities except during construction. Heavy equipment not in use for three weeks or longer must be moved to an area with compatible zoning until required for further construction.
(10) The location of fueling facilities at private docks or boat ramps shall be prohibited.
(D) Semi-private Facilities. These are defined as any facility built within the waters of Lake Erie where the upland shoreline property is held in common ownership by a residential association or the shoreline property is commonly used by residents of a trailer park, campground, or apartment complex.
(1) Semi-private facilities shall be located where the upland property is designated R-3 Residential, or Parks/Campgrounds in the Future Land Use Plan.
(2) In the case of lots where the shoreline area is commonly owned or commonly used, docks shall have no more than one slip per residential unit. When the shoreline area of the lot is for the use of visitors, (for example, campgrounds and motels), docks may be constructed with no more than one slip for every four visitor units. If seven or more slips are contained in one dock facility, it may be subject to state regulations regarding marina operations. In any event, a bulkhead or a seawall may extend from property line to property line and no farther than ten feet out into the lake from the natural shoreline. Docks shall be set back 15 feet from the littoral boundary as established on a case-by-case basis by the Ohio Department of Natural Resources.
(3) No more than one boat ramp per lot shall be constructed. Plans submitted with the application for a zoning certificate must demonstrate that traffic will not be impeded and that adequate parking will be provided.
(4) For each dock or boat ramp constructed there shall be a minimum of two off-street parking spaces provided. Parking shall be provided off-shore for all new docks and boat ramps.
(5) Boat port/wells shall have a roof only and shall not exceed a height of one story or 22 feet above ordinary high water.
(6) A maximum of two covered unenclosed boat port/wells and a maximum of two out of the water lifting devices are permitted and shall be designed and constructed as a unit.
(7) All of the above (1-6), shall be installed subject to Planning Commission approval and assuring navigable waters are maintained.
(8) The height of any semi-private facility must also meet the provisions of the zoning district in which it is located.
(9) No barges, cranes or heavy equipment shall be permitted at semi-private facilities except during construction. Heavy equipment not in use for three weeks or longer must be moved to an area with compatible zoning until required for further construction.
(10) The location of fueling facilities at semi-private docks or boat ramps shall be prohibited.
(E) Commercial Port Facilities. These are defined as any facility built within the waters of Lake Erie for the purpose of docking ferry boats that transport persons and freight to and from the island.
(1) Commercial port facilities shall be located only where the upland property is so zoned.
(2) Only structures necessary for safe docking, loading and unloading of passengers and freight shall be constructed.
(3) Moorings located at commercial port facilities shall not be permitted if they interfere with safe navigation.
(4) Adequate accessory facilities such as parking and restrooms must be provided.
(F) Industrial Port Facilities. These are defined as freight loading and off-loading facilities for an industrial operation and shall include such facilities as docks, water intakes and outfalls, and fill to expand upland facilities or support facilities for such use.
(1) Industrial port facilities shall be located only where the upland property is so zoned.
(2) Only structures necessary for safe docking, loading and unloading of freight shall be constructed.
(3) Moorings located at industrial port facilities shall not be permitted if they interfere with safe navigation.
(G) Commercial Marinas. These are defined as establishments providing water-oriented services such as yachting and rowing clubs, boat rentals, storage and launching facilities, sport fishing activities, excursion boat and sightseeing facilities; other marina-related activities, including fuel sales and boat and engine repair.
(1) Commercial marinas shall be located only where the upland property is so zoned.
(2) Commercial marinas shall be subject to the limitations of state regulations regarding marinas.
(3) At commercial marinas, adequate parking shall be provided and is considered to be one parking space per permanent slip and one parking space for every six transient slips. Parking shall be provided off-shore.
(4) Moorings located at commercial marinas shall not be permitted if they interfere with safe navigation.
(5) No barges, cranes or heavy equipment shall be permitted at commercial marinas except during construction. Heavy equipment not in use for three weeks or longer must be moved to an area with compatible zoning until required for further construction.
(H) Shore Protection Structures.
(1) Shore protection structures shall be located where necessary to reduce or prevent erosion.
(2) Shoreline protection structures include groins, jetties, seawalls, revetments, bulkheads and breakwaters as defined in § 152.130.
(3) It shall be prohibited to build, erect, maintain or establish any type of structure or building on any shoreline protection structure in any shoreline zoning district. In addition, it shall be prohibited to conduct, maintain or establish any business on any shoreline protection structure in any shoreline zoning district.
(I) Fences.
(1) Fences shall only be permitted where necessary to protect the health and safety of the general public and to protect property adjacent to public access from trespass.
(2) If fences are constructed within 125 feet of the Lake, they shall be constructed at least 70% open so as not to interfere with scenic vistas of Lake Erie presently enjoyed by adjacent property owners.
(J) Roofs.
(1) Roofs shall be permitted on boat port/wells, boathouses and necessary accessory structures.
(2) Roofs shall be made of non-glare materials and earthtone colors to ensure proper sightlines from Lake Erie to the shore and to ensure the health, safety and general welfare of persons on the lake and on the shore.
(Ord. 591, passed 4-25-92; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1997-O-39, passed 11-8-97; Am. Ord. 2006-O-11, passed 7-13-06; Am. Ord. 2006-O-12, passed 7-13-06)
§ 152.137 ADMINISTRATION.
(A) Authority. The Planning Commission shall be responsible for reviewing applications for development of or improvements to permissible structures as well as expansion and alterations to existing structures in the shore district to determine if they are in accordance with the provisions of this division.
(B) Project review procedure. Applications for development and improvements as well as expansion and alterations shall be made as follows:
(1) All applications made to the Planning Commission pursuant to this chapter shall be in writing and on forms prescribed therefor. Every application shall refer to the specified provisions of this chapter and shall exactly set forth the interpretation that is claimed, the use for which the permit is sought and the grounds on which it may be granted. All applications shall include a fee which shall be established by Council from time to time. In the event the Planning Commission will find it necessary to draw upon any planning, legal, engineering, or other expert testimony, such fee shall be paid by the applicant in order to cover all expenses of such expert testimony.
(2) When an application has been filed in proper form with the Planning Commission, the secretary shall immediately place the application upon the agenda for the next meeting of the Planning Commission, if notices for said application can be sent out in a timely manner. Said notices shall state the date, time, and place of the meeting in which the application will be considered, and shall be served personally or by mail addressed to the parties making the application, at least 30 days prior to the date of the scheduled meeting. All notices shall be sent to addresses given in the last assessment roll, and shall be posted five places in the village. The Commission may recess such meetings from time to time, and, if the time and place of the continued meeting be publicly announced at the time of adjournment, no further notice shall be required.
(3) Not less than 30 days prior to the date set for the meeting at which the application is to be considered by the Planning Commission, written notice of such meeting shall be caused by the Commission to be given by mail to any person, firm or corporation owning premises located within 500 feet of the land to which such application relates. The Commission shall approve, modify, or disapprove said application within 45 days after date of the meeting at which the application is considered except that such time may be extended by mutual consent or if necessary due to expert testimony.
(4) The above procedure shall be utilized except as it relates to the following projects:
(a) When the project under review is subject to the issuance of a Submerged Lands Lease from the Ohio Department of Natural Resources Submerged Lands Coordinator and/or a Section 10 and/or Section 404 permit from the Army Corps of Engineers, a copy of the appropriate permit applications(s) shall be filed with the local application.
(b) Upon receipt of the local application, the Zoning Inspector shall send a notification of the project application to all property owners within 500 feet of the project advising them of the application and their right to request a public hearing with the Planning Commission within 30 calendar days of the date of application.
(c) 1. When the project requires a Submerged Lands Lease, the Village Council must issue a resolution approving the proposed application provided the project complies with local permissible land uses pursuant to R.C. § 1506.11(B). This resolution must be sent to the Submerged Lands Coordinator and must describe the project area in metes and bounds, and state that the submerged land is not necessary or required by the village for the construction, maintenance or operation of structures in aid of navigation or water commerce.
2. The resolution must also state that the land uses specified in the application comply with the regulations of permissible land uses under the Village Master Plan and this Zoning Code. The resolution shall be issued within 90 calendar days from the date the application is approved by the Planning Commission.
(d) When a Submerged Lands Lease is required, a zoning certificate shall be issued after a copy of the lease is received by the Planning Commission.
(e) When Section 10 and Section 404 permits are also required for the project, the Zoning Inspector shall not issue the zoning certificate for the project until the required permits are secured by the applicant and copies of the same are provided to the Zoning Inspector.
(Ord. 591, passed 4-25-92; Am. Ord. 1998-O-31, passed 7-9-98)
§ 152.138 APPEALS.
When an application for a zoning certificate is denied by the Planning Commission, the applicant may appeal the decision in accordance with the procedure outlined in § 152.108 of this chapter.
(Ord. 591, passed 4-25-92; Am. Ord. 1997-O-28, passed 8-14-97; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.999 PENALTIES.
(A) The owner or owners of any parcel of real estate, building or premises who causes the construction of any structure, building or part thereof without first obtaining a zoning permit or obtaining any other approvals required by this chapter from the Zoning Inspector, Planning Commission or other authority, and is cited for non-compliance with this chapter, shall correct any violations within a stated reasonable amount of time as determined by the Zoning Inspector. Failure to correct the conditions in violation with the provisions of this Zoning Code, as ordered by the Zoning Inspector, shall constitute a misdemeanor of the fourth degree. Upon conviction of such violations, the responsible person or party shall be fined not more than $250. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.
(B) The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, builder or contractor who shall assist in the commission of any such violation, and any person who shall violate any of the provisions of this chapter or fail to comply therewith, shall be subject to a citation for non-compliance with this chapter and shall correct any violations within a stated reasonable amount of time as determined by the Zoning Inspector. Failure to correct the conditions in violation with the provisions of this Zoning Code, as ordered by the Zoning Inspector, shall constitute a misdemeanor of the fourth degree. Upon conviction of such violations, the responsible person or party shall be fined not more than $250. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1994-O-17, passed 7-14-94; Am. Ord. 1997-O-2, passed 1-11-97; Am. Ord. 2012-O-20, passed 6-14-12)