(A) The following restrictions are intended to limit and regulate the number of users and types of uses of lake frontage in order to preserve the qualities of the waters, minimize conflicting land uses, promote safety and help preserve the quality of recreational use of lands and water within the township. For the purpose of this section, a LAKE shall mean any natural or human-made body of water having a surface area greater than five acres and over which riparian access has been extended to more than one parcel, lot, unit or person.
(1) Development parcels. In all zoning districts, for any new lot supporting a single-family dwelling unit or any other form of residential development there shall be at least 75 feet of water frontage, as measured along the high water mark of the lake and each lot or parcel shall otherwise meet the minimum dimensional requirements for such lots in the zoning district in which it is located.
(2) Access (keyhole) parcels.
(a) In any zoning district where there is an existing parcel of record having water frontage of less than 75 feet, which by intent of the owner or by its dimensional or physical limitations will not support building development, such parcel or lot may not be used or conveyed as a riparian access parcel for not more than one other parcel, lot, unit or person.
(b) In any zoning district where there is an intent to create and use a new lot, parcel, easement or common area for the purpose of providing riparian rights by deeded access, the new lot, parcel, easement or common area shall have at least 75 lineal feet of water frontage and a depth of at least 100 feet. The number of parcels, lots, units or persons permitted to have deeded riparian access over the lot, parcel, easement or common area shall be one for the first 75 feet of water frontage, plus one additional lot, parcel, unit, apartment or person for each additional 75 feet of frontage that the access parcel has on the body of water.
(3) Boat access. In all zoning districts, where multiple unit residential development is permitted, any multiple-unit residential development shall have not more than one boat access for each 75 feet of water frontage, as measured along the normal high water mark of the lake.
(4) Lake access and the like. In all zoning districts, no lake access, boat ramp, shore station, dock, boat launch or shoreline abutting a lake shall be utilized for commercial business, outdoor recreational (or entertainment) facilities, institutional, non-residential or non-agricultural uses or purposes unless such use complies with the requirements of the zoning district in which it is located and is also approved as a special land use.
(5) Easements and the like. In addition to the above limitations, no easement, private park, common area, condominium arrangement, lake access device or lot or access property abutting or adjoining a lake shall be used to permit access to the lake for more than one single-family property, dwelling unit, condominium unit or apartment unit unless such use is also approved as a special land use.
(6) Channels and canals. No new channel or canal shall be created abutting, enlarging or tied into a lake, nor shall existing canals or channels be enlarged. Canals or channels which touch or abut a lake and were lawfully in existence as of the date of enactment of this chapter may be cleaned and dredged, so long as they are not enlarged beyond their original dimensions.
(B) The restrictions of this section shall apply to all lots and parcels on or abutting any lake, regardless of whether access to the lake shoreline or waters shall be by easement, park, common-fee ownership, condominium arrangement, license or lease.
(C) Although the owner of a property with frontage on a lake may permit family members and occasional invitees to use the water frontage, dock and watercraft owned by the owner as incidental to the residential use of the property, the owner shall not permit anyone other than a family member of a person co-owning or residing on the property fronting on the water to moor a watercraft overnight at the dock on the property or in the waters adjacent to the property. Nor shall the owner of such a property enter into an agreement to permit anyone to use the shoreline (or dock thereof) of water unless such person is leasing a residence on the property and is in possession of the entire waterfront property.
(1) Any lot of record having frontage on a body of water may have one dock even though the lot has less than 75 feet of frontage on the water. This section shall not be construed to prevent docks, even if docks have not been installed, where recorded vested rights were granted prior to the adoption of this chapter.
(2) Any easement, park, common area or access property having frontage on a body of water which lawfully exists as of the date of the adoption of the section may have one dock even though it has less than 75 feet of frontage on the water.
(3) If a given property, easement, park, common area or access property has a right to have a dock under this section or § 157.021 of this chapter, that right to utilize a dock shall continue even if the dock is seasonal in nature, has to be repaired or replace or is not utilized every year.
(Prior Code, Ch. XV, § 12.17) (Ord. 1977-1, passed 10-10-1977) Penalty, see § 157.999