The following standards shall be adhered to during the design and construction of any structure on Lake Lure. The lake structure administrator will carefully examine plans submitted with any applications for a lake structure permit as described in section 6-49, to be sure that the plans meet the following provisions. Requests for variances must be made when the lake structure permit application is submitted.
(1) Effective the date of this regulation, December 15, 1992, the minimum measurable shoreline length required to construct any lake structure shall be 100 feet. Nonconforming lots of record that existed prior to these regulations, with 35 to 100 feet of measurable shoreline length, may construct any authorized lake structure, provided minimum setbacks are met, and the owner of the subject lot does not own contiguous upland property to enable conformity to the minimum measurable shoreline length through recombination. When contiguous upland property is owned by the same owner, it shall be legally recombined to achieve the longest shoreline length possible, before any lake structure is approved. In rare situations, recombination may not be legally possible. Should recombination not be allowed, the subject shoreline shall be treated as though it is not contiguously owned. See examples A and B in subsections (1)d.1 and 2 of this section. Sea walls are allowed on any lot subject to shoreline stabilization requirements in section 6-53.
a. Covered or enclosed structures, including boathouses, shall be limited to a width of 45 feet or 45 percent of the measurable shoreline length, or the usable shoreline length of the upland lot, whichever is less.
b. Lots with 100 feet or more of measurable shoreline length shall be limited to any authorized lake structure or combination thereof, with a maximum of three moorings or slips, provided minimum setbacks are met. Other provisions of these regulations shall apply and the maximum number of moorings or slips shall not be varied.
c. Lots of record with 35 to 100 feet of measurable shoreline length shall be limited to any authorized lake structure or combination thereof, with a maximum of two moorings or slips, and shall not exceed the usable shoreline length. Variances are not permitted for the maximum number of moorings or slips; or structures that are larger than what the usable shoreline will accommodate. Covered or enclosed structures shall require a lake structure appeals board determination the proposed structure will not materially obstruct the view of the lake from any adjacent upland property. Other provisions of these regulations shall apply. See examples C and D in subsections (1)d.3 and 4 of this section.
d. Lots of record with a minimum measurable shoreline length of less than 35 feet shall be limited to a single mooring, which shall not be varied. This mooring may be part of a pier not to exceed six feet in width. The pier will be centered on the subject shoreline to the greatest extent possible but, without variance, shall be allowed up to five feet off center. When placed off center, the tie up cleats will be on the side of the pier with the greatest area available between the pier and the projected property line. Other provisions of these regulations shall apply, which may require a variance.
1. Example A. A lot of record has 50 feet of measurable shoreline which, after subtracting the 30 feet for both 15-foot side yard setbacks, could accommodate a boathouse with one slip in the 20 feet of remaining usable shoreline.
2. Example B. The same owner in example A owns the small upland lot of record next door with 25 feet of measurable shoreline, which would normally allow a single pier. That owner could not build the small boathouse on the one lot and the pier on the other. Instead, that owner must recombine the lots to provide 75 feet of measurable shoreline before building any structure. If the recombination was not allowed for some legal reason, then both lots could be built upon.
3. Example C. Assume the recombination in example B did occur. On the new 75-foot lot, the owner would be allowed to build any authorized lake structure that would fit in the resulting 45 feet of usable shoreline, but still subject to the lesser 45 percent of the measurable shoreline length for covered or enclosed structures, which is 33.75 feet in this scenario. The owner could then build a boathouse up to 33.75 feet wide with two slips anywhere within that 45 feet of usable shoreline. The remaining usable shoreline space could be used for docks and access.
4. Example D. A lot of record with only 40 feet of measurable shoreline could build a small lake structure up to ten feet wide. Conversely, that same lot could not get a variance to build the structure 11 feet wide or wider. The usable shoreline, ten feet in this example, is less than 45 percent (18 feet) of the measurable shoreline.
(2) No structure shall be placed in the water more than 30 feet or one third the distance to the opposite shore, whichever is less, as measured to and from the shoreline. At least one third of the waterway shall be left unobstructed. No portion of any lake structure shall extend beyond this boundary. For the purpose of positioning lake structures along an irregular boundary, the shoreline shall be defined as the straight line between the two widest points on the shoreward side of the structure, where they meet the shoreline. The measurement to the opposite shore shall be made to the point on the opposite shore which results in the shortest distance from the proposed structure.
(3) No portion of any structure shall be located closer than 15 feet to any side lot line, as projected into the lake. The projection of the lot line shall be a straight line on the same bearing as the lot line and shall extend no further than 30 feet or one third the distance to the opposite shore. This provision does not apply to sea walls.
(4) Handrails should be constructed in such a way so as not to interfere with boaters' visibility.
(5) Height.
a. Except as provided in subsection (5)b of this section, lake structures shall not exceed 15 feet in height above the shoreline elevation of 990 feet MSL. This does not include the additional height of railings (no greater than 42 inches) around a rooftop deck. As actual lake levels may vary, establishing the 990 MSL on any particular day can be achieved by calling the town hall for the lake level reading at the dam on that day. The maximum allowable height of structures above the shoreline elevation can then be calculated. As an example, if the lake level is one foot below 990 MSL, then the maximum allowable height is 16 feet above the actual level of the lake on that particular day.
b. Accessory structures to be used for protection from direct sun and rain may be erected above rooftop decks provided they meet the following standards and are approved by the lake structures appeals board.
(6) Decktop accessory structures guidelines:
a. Shall not exceed a height of ten feet above the surface of the rooftop deck. Thus, the maximum allowable height of any lake structure that includes a decktop accessory structure is 25 feet.
b. Shall not exceed 50 percent of the area of the rooftop deck or 150 square feet, whichever is less.
c. Shall be completely open on all sides except for partial walls not more than 42 inches in height above the surface of the rooftop deck and insect screens.
d. Shall be located abutting the shoreward end of the rooftop deck and not extend towards the lake beyond the midpoint of the deck.
e. Shall not include any sanitary facilities.
f. May include one storage container not more than 42 inches in height to store deck furnishings.
(7) Decktop accessory structures shall be approved by the lake structures appeals board upon a finding that the structures meet the standards in this subsection and that they do not materially obstruct the view of the lake from any adjacent or nearby properties.
(8) Materials of construction for pilings shall include reinforced concrete, hot dipped galvanized steel, aluminum, or pressure-treated wood, provided railroad ties and other wood treated with creosote or similar material shall not be allowed. Anchorages for floating docks and piers shall be of galvanized steel cables or the equivalent secured to reinforced concrete anchorage on the lake bottom and/or to steel anchor piles in firm ground on shore. Alternate materials may be approved if specified by a licensed engineer or architect and does not pose an environmental threat.
(9) The town exercises no jurisdiction or control over the design of structures to be built over the lake, but strongly urges that the design of lake structures be architecturally compatible with that of the residence on the adjoining upland lots.
(10) Any sewage or wastewater systems installed in or on lake structures must meet state and local codes.
(11) No lake structure shall be designed, constructed or used as temporary or permanent living quarters.
(12) Satellite dish antennae of not more than 30 inches in diameter may be installed on lake structures, provided they do not exceed the highest portion of the lake structure to which it is attached.
(13) Moored floating platforms.
a. Moored wooden or other solid surfaced floating swimming platforms shall be no greater than 64 square feet in area and have white or silver reflectors affixed to both sides of each corner. The frames for such structures shall be constructed of hot dipped galvanized steel or pressure treated lumber and with polystyrene floatation. Steel drums are prohibited. Alternate materials may be approved if specified by a licensed engineer or architect and does not pose an environmental threat. Only one permanently moored floating platform (solid or inflatable) shall be permitted for each upland lake front lot, except as provided in subsection (13)c of this section.
b. Permanently moored inflatable floating platforms shall be no greater than 178 square feet in area or 15 feet in diameter and have white or silver reflectors affixed to both sides of each corner or, for circular platforms, at least every six feet of circumference. Such platforms shall be located not less than ten feet from the shore or any hard surfaced structures and shall be moored in water not less than ten feet in depth at any point below the platform. All permanently moored inflatable floating platforms shall be removed from the lake between November 1 and April 1 of each year and at any time they deflate or are in a state of disrepair. As part of the permit application process, the applicant shall provide a copy of the manufacturer's recommended safety specifications and shall specify the manner in which the applicant will adhere to said specifications. Only one permanently moored floating platform (solid or inflatable) shall be permitted for each upland lake front lot, except as provided in subsection (13)c of this section.
c. Permanently moored inflatable floating platforms larger than 178 square feet in area may be approved by the town council, but only for organized group recreation programs supervised by appropriately trained personnel meeting the standards of the American Red Cross. Said platforms shall only be approved adjacent to land zoned R-3, CG or GU under chapter 92 and shall have white or silver reflectors affixed to both sides of each corner or, for circular platforms, at least every six feet of circumference. All permanently moored inflatable floating platforms shall be removed from the lake between November 1 and April 1 of each year and at any time they deflate or are in a state of disrepair. As part of the permit application process, the applicant shall provide a copy of the manufacturer's recommended safety specifications and shall specify the manner in which the applicant will adhere to said specifications. At its discretion, the town council may allow more than one permanently moored inflatable floating platforms adjacent to land zoned R-3, CG or GU.
d. Anchorage for moored floating platforms shall be of galvanized steel cables, galvanized chain or stainless steel cables secured to reinforced concrete anchorage on the lake bottom, vertically below. Alternate materials may be approved if specified by a licensed engineer or architect and does not pose an environmental threat.
e. Temporarily moored inflatable water recreation devices shall be no greater than 80 square feet in area or ten feet in diameter and are allowed in the lake only from April 1 through November 30.
f. Any moored floating platform, whether permanent or temporary, shall be identified with the owner's name, local address, and local telephone number so that the platform can be identified and returned if it breaks loose from its mooring. This identification may be accomplished by attaching a metal or plastic tag to the platform or by printing the information directly onto the device using paint or ink.
(14) Boardwalks shall not exceed four feet in width and shall not extend more than six feet into the lake. If approved by adjoining property owners, a boardwalk may run the full distance from property line to property line or even cross the property line if the adjacent properties' owners approve of its construction and wish it to continue along in front of their property.
(15) No lake structure, other than sea walls, shall obstruct the free flow of water in the lake.
(16) As a condition of issuance of a permit, all structures built above the roof of a boathouse or covered slip, including decks and deck top accessory structures, shall require certification by a licensed architect or engineer that the boathouse structure is capable of supporting the dead and live load of the rooftop structure. Excluded from this requirement are structures installed rather than built (such as umbrellas, awnings, canopies, or moored inflatable platforms) so long as these structures do not exceed 150 pounds in total weight.
(17) Temporary mooring at commercial and resort locations shall be identified by a sign which states that the mooring may only be occupied during the hours between 6:00 a.m. and 12:00 midnight.
These standards shall not apply to any lake structures owned or proposed by the town, providing that designs for such structures have been reviewed and approved by the lake advisory board and the town council.
(Code 1989, § 94.05; Ord. of 12-15-1992; Ord. of 10-20-1998; Ord. of 6-18-2001; Ord. of 4-12-2005; Ord. of 7-11- 2006; Ord. of 8-14-2007; Ord. of 3-11-2008; Ord. of 10-13-2009; Ord. of 4-12-2011; Ord. of 4-12-2016)