(A) Generally. Any facilities, structures, construction, or human-made improvement which are to be placed on, above, within, or adjacent to the waters of Lake Norman which by their placement affect the use of waters, to include, but not to be limited to, piers, floating pier extensions, floating boat houses, moorings or floats, marine railways, hoists and lifts, breakwaters, fillings, dredgings, signs, lighting, and overhead transmission lines, and public and private swimming areas and private bridges shall be subject to the provisions of this subchapter. All dimensional requirements herein, when reference is made to the water surface, shall be measured from the full pond level at contour elevation 760 feet above mean sea level, U.S.G.S. Datum.
(B) Piers. Pier facilities shall be located and constructed to remain within an area defined generally projection perpendicular to the shore at the lot corners and defined more specifically as follows.
(1) A projection over the water shall be established at each of the two property corners on the shoreline. Each projection shall be perpendicular to a line connecting two points on the 760-foot contour line where a ten-foot radius from the property corner intersects with the 760-foot contour line.
(2) The pier facility may extend over the water for a distance of 80 feet from the shore regardless of the depth; and may extend beyond 80 feet to a depth of ten feet measured at full pond or a maximum extension over the water of 120 feet from shore. However, in no event shall a pier facility, when located in a cove, extend more than one-third the width of the cove, measured from the shore at the point of the proposed construction to the nearest point on the opposite shore.
(C) Reflectors.
(1) Shall have two white reflectors, a minimum of six inches above full pond elevation, on each further most corner of the extension of the pier into the water, reflecting light parallel to the shore in each direction and directly across the water in line with the shore from each corner; and
(2) White reflectors shall be placed at intervals of 15 feet or less, six inches above the water, on each side of the pier beginning at its outermost extension into the water of Lake Norman, including all floats and other appurtenances, and extending to the 760-foot contour on the shoreline.
(D) Moorings and floats.
(1) When placed in the lake for navigational purposes, shall be so placed only with the expressed written approval of the Lake Norman Marine Commission or State Wildlife Commission;
(2) When placed for the purpose of mooring boats or other legal and authorized floating objects, the mooring shall be separated on every side form any other mooring by a distance of 50 feet;
(3) Shall be located so as to permit unobstructed passage on the lake of through boats; and
(4) Shall not be anchored in such a manner as to deny or obstruct in any manner access to the lake from boat docks, boat houses, or boat launching ramps.
(E) Marine railways.
(1) Shall have permanent signs complying with the requirements of the uniform marking system designating the locations of the marine railway;
(2) Shall not extend above the normal or natural lake bed at the time of construction more than 18 inches, between a horizontal measurement extending from the 760-foot contour to a water depth of 15 feet below the 760-foot contour; and
(3) The location of railway and signs shall be approved by the Lake Norman Marine Commission for their effect on marine safety.
(F) Breakwaters. When constructed for the purpose of protecting docks, piers, or other facilities:
(1) Shall be so placed as to protect the particular facility for its width only and shall not offer area protection which might overly obstruct passage on the lake;
(2) Shall be located and marked so as not to be a hazard to boating at any time; and
(3) Shall be approved by the Lake Norman Marine Commission through the submission of accurate plans for the breakwater and the location thereof showing the adjacent shoreline and facility to be protected.
(G) Hoists and lifts. Hoists and lifts shall, due to the unique nature of their construction, conform to all federal and state requirements applying thereto.
(H) Filling.
(1) Shall be designed by a registered engineer and approved by the Lake Norman Marine Commission;
(2) Shall not be placed above the water level without proper and adequate riprapping to prevent fill from being eroded into the lake;
(3) Fill so placed shall be sufficiently compacted to reach 90% maximum dry density using the Standard Proctor Test, as defined by ASTN D698-66T; and
(4) Shall not obstruct access to or be a hazard to passage on the lake or a nuisance to adjacent property owners.
(I) Dredging.
(1) Shall not be conducted in such a way that the spoil therefrom is placed back in the lake thus reducing water depth in areas outside of the dredged area; and
(2) Shall be reported to the Lake Norman Marine Commission prior to commencement.
(J) Signs. Other than navigational signs, should be constructed in such a manner as to be compatible with the adjacent visual qualities of the area in which they are located:
(1) Shall not unduly obstruct the view of the lake for any adjacent lakeshore occupant;
(2) Shall not be placed in the water nor within 25 horizontal feet of the water edge at elevation 760;
(3) When lighted, shall have fixed nonmoving, indirect or internal lighting when necessary;
(4) There shall be no off-site advertising signs placed or maintained so as to be visible from the lake; and
(5) Off-site direction signs on the lake shore may be installed by the Lake Norman Marine Commission at the request and expense of the owner and/or commercial operator.
(K) Lighting.
(1) Which offers navigational aid on Lake Norman, whether public or private, shall be approved by the Lake Norman Marine Commission;
(2) When installed for purposes other than navigational, shall not be moving or flashing or colored in any manner, except a continuous nonflashing yellow light for insect control; and
(3) Shall not be of such intensity as to cause night blindness for boat operators on the lake and not inhibit vision in any way.
(L) Overhead transmission lines. Overhead transmission lines shall be constructed to a minimum height of 48 feet as maximum deflection above the full pond level.
(M) Public and private swimming areas.
(1) Shall not be defined in water beyond a depth of 15 feet;
(2) In no event shall extend more than 80 feet from the shore, with the exception to any public or private swimming area constructed by Duke Energy, its subsidiaries, or Lincoln County within the boundaries of Lake Norman;
(3) Shall extend into the water so as to remain confined within a projection of the side lot lines of the lot on which the area is located, maintaining the side yard requirements of this or any other ordinance or regulation; and
(4) Public swimming areas shall be, and private swimming areas may be, marked and protected in keeping with the State Wildlife Commission regulations, § IV per 12d.
(N) Penalties. Any violation of this subchapter shall be punishable as a Class 3 misdemeanor and shall be punishable by a fine not to exceed $500 per violation, pursuant to Session Law 1991-797.
(Ord. passed 12-4-1972; Ord. passed 6-3-1985; Ord. passed 3-21-2022)