(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)