(A) Except as otherwise provided in division (D), it shall be unlawful for any person who owns, occupies or controls real property which abuts a waterway within the Town of Clear Lake to authorize, allow, permit, cause, convey, grant, lease, license or assign the right to any person to ingress or egress the real property for purposes of accessing that waterway.
(B) Except as presented in division (D), it shall be unlawful for any person who owns less than one- third interest in real property which abuts a waterway within the Town of Clear Lake to use the real property to access that body of water.
(C) Except as permitted in division (D), it shall be prohibited to designate or use any parcel of real property which abuts a waterway within the Town of Clear Lake as a common area for a residential subdivision, apartment building, condominium, cooperative, neighborhood association, organization, retirement community, or any other development of a similar nature. No person shall have access to a waterway within the Town of Clear Lake by ingressing and egressing on real property which in effect is a common area, regardless of whether it has been specifically denominated as a common area or not.
(D) Divisions (A), (B) and (C) do not apply to:
(1) As of the date of enactment, any existing marina, yacht club, hotel, or public launching area;
(2) Families owning real property which abuts a waterway within the Town of Clear Lake who use the property for their own personal use to access that waterway, provided that the family owns at least a one-third interest in the real property;
(3) Authorized guests of families owning real property which abuts a waterway within the Town of Clear Lake, when the authorized guests are usually accompanied by the owner or occupier, provided that the family owns at least a one-third interest in the property;
(4) A business entity owning real property which abuts a waterway within the Town of Clear Lake, when the owners of the business entity and their authorized guests use the property to access that waterway, provided that each owner owns at least a one-third interest in the business entity, and the business entity was not created for the purpose of defeating divisions (A), (B) or (C);
(5) Beneficiaries of a trust and their authorized guests which the trust’s corpus consists, at least in part, of real property which abuts a waterway within the Town of Clear Lake, if all of the beneficiaries are members of the same family; and/or
(6) A valid duly authorized and properly recorded easement which was in effect at the time this subchapter was originally enacted (1-12-98), provided that any easement made subsequent to the adoption of this subchapter is invalid for the purpose of providing an exception to divisions (A), (B) and (C), and provided that the easement was not created for the purpose of defeating divisions (A), (B) and (C).
(Ord. 250, passed 1-12-98)
(E) It shall be unlawful to launch, maintain or permit to be launched or maintained upon a waterway within the Town of Clear Lake any boat or other craft possessing covered sleeping facilities or accommodation or on-board toilet facilities.
(F) For the purpose of this section, the town adopts the definition of waterway found at 312 I.A.C. 1-1-29.5.
(Ord. 130, passed 2-12-78; Am. Ord. 310, passed 12-12-05)
Penalty, see § 10.99