(a) The lake structure administrator and the lake advisory board shall review each lake structure permit application for any new or existing structure that is to be built or converted for commercial or multi-dwelling use. The application review will confirm that the proposed facility conforms to these regulations, evaluate its impact on the lake's carrying capacity, and determine that the location will not be adverse to navigation and boating safety or to any nearby residential area with single-family dwellings. A recommendation based on this review will then be submitted to the town council. The town council shall approve or deny the request after examining the report. Specific design standards, restrictions, and/or prohibitions may be varied by a special grant from the town council if specifically requested by the petitioner as part of a commercial lake structure application and if the special grant is found to secure general welfare and the best overall interest of the public and the municipality. The town council may also apply specific conditions with nonconforming upon commercial lake structures as council deems necessary.
(b) As an exception to subsection (a) of this section, any application to change the use of a lake structure with nonconforming living quarters to a commercial use, shall be submitted to the lake structure appeals board for approval or disapproval, and then to the town council for further appeal if necessary. The lake structure appeals board will determine if the application is consistent with section 6-47(a) concerning the health, safety, and welfare of the general public. Further, the board will determine if the change in use positively or negatively impacts the preservation of town property or the properties of upland and adjacent landowners.
(Code 1989, § 94.12; Ord. of 8-14-2007; Ord. of 12-22-2015; Ord. of 4-12-2016)