Saugatuck City Zoning Code
WATERFRONT CONSTRUCTION
§ 154.200 PURPOSE.
It is the purpose of this chapter is to establish requirements and procedures for the construction, location and use of piers and docks, pilings, bulkheads and mooring buoys in and immediately adjacent to the waters of the Kalamazoo River and Kalamazoo Lake within the city, to regulate dredging and backfill below the ordinary high water mark, and to provide for administration and enforcement of this chapter.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.201 OBJECTIVES.
The objective of this chapter is to facilitate the minimal disturbance of the natural ecology and as well as the Kalamazoo River and Kalamazoo Lake for recreational purposes, to minimize interference with riparian rights of other property owners, and to promote the public health, safety and general welfare.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.202 UNSAFE STRUCTURES.
(A) Use prohibited. No owner or occupant of premises on which a pier or dock, bulkhead, boat hoist, mooring buoy or other such waterfront structure has deteriorated or fallen into disrepair or has been damaged by fire, ice or other casualty shall permit the use thereof, and the owner or occupant shall either remove the unsafe structure or place it in a safe and sound condition and until removed or placed in a safe and sound condition, shall post a warning notice and block access thereto.
(B) Removal of structures. Any dilapidated or dangerous waterfront structure in existence along the waterfront of the city shall constitute a public nuisance and shall be removed or repaired within 30 days after notice of the condition has been given to the owner of the property involved.
(C) Notice. If such a dilapidated or dangerous waterfront structure exists, the Zoning Administrator shall send a notice of the condition to the owner of the premises as is disclosed by the last tax roll of the city at such address as is shown thereon, by certified mail. The notice shall require that the dangerous structure be removed or repaired. Any person who fails, refuses or neglects to repair or remove such a dangerous or dilapidated structure within the time limits above provided for shall be guilty of a violation of this code.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.203 OTHER AGENCY PERMITS.
(A) The issuance of a permit pursuant to this chapter shall not relieve the applicant from obtaining any required permit or approval from the Department of Army Corps of Engineers, the Michigan Department of Environmental Quality or such other federal or state regulatory agency when required by federal or state law.
(B) The obtaining of a permit or approval from the Department of Army Corps of Engineers, Michigan Department of Environmental Quality or such other federal or state agency shall not relieve the applicant from complying fully with this chapter and obtaining a permit pursuant to its provisions.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.204 LIMITATIONS ON USE.
(A) No watercraft shall be moored to a dock, pier or spring piling in such a manner that would result in an overhang of more than ten feet.
(B) The use of any dock, pier or spring piling for the mooring of any watercraft currently used or generally designed for use as a construction barge shall be permitted in riparian rights areas adjacent to residential properties.
(C) Mooring of a construction barge for periods not exceeding ten days in any calendar year for the sole purpose of dock construction or maintenance at the property where the construction or maintenance is occurring is expressly permitted.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.205 MAJOR CONSTRUCTION REGULATIONS.
(A) Permit. Prior to commencement of any major waterfront construction, a permit shall be obtained from the city in accordance with the procedures contained in this chapter. The city can attach reasonable conditions to the granting of any permit.
(B) Major construction defined.
(1) The construction of a bulkhead, dock, pier, boat hoist and/or other structure extending into or located on the waters of the Kalamazoo River or Kalamazoo Lake where the purpose is to rent, lease or otherwise make available to the general public space for the securing or mooring of watercraft for commercial purposes, or in conjunction with a commercial establishment, a condominium or a marina.
(2) Major construction shall also include any pier or dock, whether for commercial or private use, which extends into the waters of the Kalamazoo River or Kalamazoo Lake more than 45 feet as measured from the Ordinary High Water, elevation 581.5 International Great Lakes Datum (IGLD). A major construction permit shall always be required for waterfront construction in connection with the establishment, use or expansion of a private or commercial marina where permitted under §§ 154.023 through 154.041 of this code.
(C) Compliance with zoning code. When major waterfront construction is to be in conjunction with a commercial facility, or commercial or private marina, issuance of a major construction permit shall be conditioned upon full compliance with the applicable provisions of § 154.092(D), and § 154.130 parking for marinas is also required. Compliance with § 154.130 is required.
(D) Pier or dock construction.
(1) Piers or docks constructed pursuant to this subchapter shall not extend outboard more than 100 feet from the bulkhead, or at a location on the bottom of the ordinary high water, elevation 581.5 International Great Lakes Datum (IGLD). The only exception to the length restriction is as stated in division (D)(9) below for the Neighborhood Marine district (NHM).
(2) The main pier extending from the shoreline shall have a minimum width of four feet. A main pier may be “L” shaped so long as any finger piers do not exceed the maximum distance from the shore/bulkhead as specified in division (B) above.
(3) Finger piers less than four feet wide extending from the main pier shall not exceed 30 feet in length, and shall have a minimum width of three feet.
(4) Pier or docks shall allow for the flowage of littoral materials and water in such a manner as to preclude detrimental impact in adjacent properties and environment.
(5) All pier or docks shall be located so as not to infringe on the riparian rights of other property owners or recorded water access or use easements.
(6) Pier or dock construction must be substantial and the design and materials must be consistent with established construction standards as required by the State Construction Code.
(7) All piers or docks constructed under a major construction permit shall have the capacity to carry a live load of 100 pounds per square foot and shall have located thereon adequate lighting in areas available for public use in periods of darkness.
(8) No piers or dock shall be placed within the parcel’s required side yard setbacks nor may they be placed within the extension of the required setback into the riparian rights area (one and one-half times the allowed boat length). Boats, boat hoists and spring pilings shall be located within the owners riparian rights area.
(9) Consideration for main pier lengths in excess of 100 feet is permitted in the Neighborhood Marine (NHM) district only. The length may be extended to a maximum of 200 feet from the bulkhead, or at a location on the bottom of ordinary high water, elevation 581.5 . International Great Lakes Datum (IGLD), whichever is less, following a determination by the Planning Commission that all of the following requirements have been met:
(a) The extension into the body of water shall be no greater than existing piers on both sides of the parcel. A line shall be determined by inspection of the site and neighboring piers;
(b) An extension beyond 100 feet is not to be allowed if any limitation to navigation by existing channel will occur;
(c) Respect for riparian rights of neighbors and setbacks are required; and
(d) Parking must be provided in accordance with § 154.130 for any increases in the number of berths or moorings provided.
(E) Bulkhead construction. The entire property shoreline shall be protected by an impermeable bulkhead. Bulkhead design and construction shall be consistent with the established construction standards. Bulkheads shall not be less than one foot higher than the highest water level on record, and the top of the bulkhead shall not be less than six inches higher than the backfill on adjacent terrain.
(1) Bulkhead location. Bulkheads shall not be located on a line closer toward the water than the nearest existing structure of a similar nature, or at a location on the bottom of ordinary high water, elevation 581.5 International Great Lakes Datum (IGLD).
(2) Backfill and dredging.
(a) Backfill and dredging, if to be performed in connection with major construction, must be specified in requests for all permits as to:
1. Need;
2. Location;
3. Quantity; and
4. Disposition of spoil.
(b) Backfill may be with dredged material, but below the normal high water mark shall not be more than two cubic yards per foot of lineal placement, unless otherwise authorized by the Department of the Army Corps of Engineers’ permit.
(F) Spring piles. Spring piles shall be considered part of the basic structure and must be located within the overall length requirements for piers or docks as bet forth in this subchapter.
(G) Wetlands. No major construction shall be allowed in wetland areas.
(H) Permit procedures.
(1) An application for major construction permits shall be filed with the Zoning Administrator.
(2) The application shall be available at the City Clerk’s office and shall require the following information:
(a) The applicant’s full name, mailing address and telephone number;
(b) The location where proposed construction activity will occur;
(c) The legal description of upland property at the waterfront construction site;
(d) Reason for the proposed waterfront construction, its purpose and intended use;
(e) The name and address of the owner of the upland real property;
(f) A statement as to why construction will not cause pollution, impair or destroy the water, or any natural resources;
(g) A description of any alternatives to the proposed waterfront construction if any have been considered;
(h) The names and addresses of adjacent property owners, and a statement as to whether any objections have been made to the applicant concerning the proposed waterfront construction;
(i) The name, address and telephone number of the applicant’s authorized agent, if the application is being handled through an agent, attorney or other representative of the applicant;
(j) The dates the proposed waterfront construction is intended to commence and be completed;
(k) Whether an application to the other appropriate federal or state agency, as required by law, has been made, and the date the application has been submitted;
(l) A statement as to whether the proposed construction has been approved or denied or not acted upon by other state or federal agencies as required by law;
(m) A site plan showing the proposed waterfront construction in appropriate form as set forth in the permit application; and
(n) A statement as to whether the facility is to be leased, rented or made available to the general public, or is to be used in conjunction with any other commercial facility available for use by the general public.
(I) Filing fees. A filing fee as determined by the City Council and set forth in the city’s schedule of fees for site plan review shall accompany each application.
(J) Processing of applications.
(1) Within 15 days from the date of filing the application, the Zoning Administrator shall review the application and forward the same to the Planning Commission with any comments the Zoning Administrator deems appropriate.
(2) Any incomplete application filed with the Zoning Administrator shall be returned to the applicant. However, another filing fee shall not be required upon re-submission of a prior incomplete application.
(K) Notice of hearing.
(1) The Zoning Administrator or his or her designated agent shall have published a notice of the date, time and place of the public hearing to consider the application and receive objections or comments, and the notice shall include the name of the applicant, the location of the proposed major construction, and a brief description of the nature of the construction.
(2) The notice shall be published in conformance with Michigan Zoning Enabling Act, as amended.
(L) Duties of Planning Commission.
(1) The Planning Commission shall consider the application at a public hearing within 30 days after receipt of the application from the Zoning Administrator, unless further time is agreed upon by the parties concerned. The Planning Commission shall approve, approve with conditions, deny or require modification of proposed major construction.
(2) In reviewing an application, the Planning Commission shall consider the following criteria:
(a) The impact on the ecological aspects of the waters and the adjacent properties located at the waterfront construction site;
(b) The impact the construction would have on the use of the water by recreational boaters and adjacent property owners, and any hazard or interference to navigation the waterfront construction might create;
(c) Compliance with the requirements of this chapter;
(e) Objections by the general public or nearby property owners, submitted in writing or in person at the public hearing.
(M) Denial of permit. If the Planning Commission shall deny the application for a permit, they shall state their reasons therefore.
(N) Modification. The Planning Commission shall have the right to require modifications of the proposed major construction plan as submitted in the application, and may issue a permit conditioned on the applicant’s acceptance of the modifications as determined by the Planning Commission. The Planning Commission may also approve a permit with conditions of approval.
(O) Assistance of Building Inspector or Engineer.
(1) Before approval of the application, the Planning Commission may request the opinion of the City Building Inspector or such licensed engineer as it may designate regarding the proposed major construction.
(2) If such an opinion is desired by the Planning Commission, it may delay a decision on the application submitted pursuant to this subchapter for a period of not more than 30 days from the date of public hearing.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)
§ 154.206 MINOR CONSTRUCTION REGULATIONS.
(A) Permit. Prior to the commencement of the minor waterfront construction as hereinafter defined, a permit shall be obtained from the Michigan Department of Environmental Quality or successor agency.
(B) Minor construction defined.
(1) Construction of bulkheads, piers or docks, mooring buoys, boat hoists or other structures extending into or located on the waters of the Kalamazoo River or Kalamazoo Lake where the purpose is for the private use of the facility or facilities by the property owner, and not for rent, lease or availability to the general public as a commercial facility or yacht club.
(2) The purpose of this classification is to permit relatively inexpensive construction of any pier or dock, not longer than 45 feet, at any one single-family residential parcel of land. Construction is limited in magnitude to that which might be done for the personal benefit of the owner and immediate family members.
(C) Pier or dock construction.
(1) Piers, docks or spring piles constructed pursuant to this subchapter shall not extend outboard more than 45 feet from the bulkhead or shoreline, the length of which shall be measured from the bulkhead, or at a location on the bottom of ordinary high water, elevation 581.5 International Great Lakes Datum (IGLD) whichever is less.
(2) All piers or docks shall be substantially constructed and meet generally accepted construction standards.
(3) Finger piers shall not exceed 30 feet in length.
(D) Number of piers or docks. Only one pier or dock shall be allowed for each residential lot or parcel. City-owned property shall be exempt from this provision. The City Council shall determine the appropriate number of docks allowed on city property.
(E) Bulkheads. Bulkheads may be in accordance with permits issued by the U.S. Army Corps of Engineers and/or the Michigan Department of Environmental Quality and § 154.205(E)(1).
(F) Backfill and dredging. Backfill and dredging in minor construction projects shall be controlled the same as set forth in § 154.205(E)(2).
(G) Boat hoists. Boat hoists shall be permitted for seasonal use. A boat hoist may be installed in place of a pier or dock or at the end of a pier or dock, but in such case shall extend not more than 45 feet from the bulkhead or ordinary high water mark, International Great Lakes Datum (IGLD).
(H) Mooring buoys. A single mooring buoy may be located directly off the shore or bulkhead; however, it must meet USCG design standards and lighting requirements for buoy and boat. No more than one single mooring buoy shall be permitted per parcel or lot. A lot may have both one dock and one buoy.
(I) Permit procedure.
(1) An application for minor waterfront construction permit shall be filed with the Zoning Administrator.
(2) The application shall be available at the City Clerk's office and shall require the following information:
(a) The applicant's full name, mailing address, and telephone number;
(b) The address and property identification number of where proposed construction activity will occur:
(c) Intended use for the proposed waterfront construction;
(d) A statement as to why the construction will not cause pollution, impair or destroy the water, or any natural resources;
(e) The dates the proposed waterfront construction is intended to commence and be completed;
(f) A copy of an approved permit from the applicable federal and state agencies including the Michigan Department of Environmental Quality or the US Army Corp of Engineers. A waterfront construction permit shall not be issued by the city without receipt of these required permits.
(g) A sketch plan showing the proposed waterfront construction in appropriate form as set forth in the permit application.
(3) Upon receipt of a complete application, the Zoning Administrator shall cause notice to be sent to the adjacent property owners of the subject property, by first class mail utilizing tax record information, a letter explaining the general nature of the proposed minor waterfront construction project. The Zoning Administrator shall approve the application if it meets the requirements of this section.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008; Am. Ord. 091109-1, passed 11-9-2009)
§ 154.999 PENALTY.
(A) Any person, firm, corporation, trust, partnership or other legal entity which violates or refuses to comply with any provision of this chapter shall be responsible for a municipal civil infraction and shall be punished by a civil fine in accordance with § 10.21 of this code and shall further be liable for the payment of the costs of prosecution in an amount of not less than $9 and not more than $500.
(B) Each day that a violation continues to exist shall constitute a distinct and separate offense, and shall make the violator liable for the imposition of fines for each day.
(C) Any violation of the provisions of this chapter shall constitute a nuisance per se and the foregoing penalties shall be in addition to the abatement of the violating condition and injunctive or other relief which may be ordered by the court as prescribed by the laws of the State of Michigan for the abatement of a city ordinance designated as a municipal civil infraction.
(D) Nothing herein shall be construed or interpreted to limit the authority of the city or its officers, bodies or commissions to revoke any approvals previously granted to the extent permitted by law.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 140714-1, passed 7-14-2014)
