(1) Permitted uses. The permitted uses in the Shoreland Overlay District are those uses allowed and regulated by the applicable underlying zoning district as indicated on the official zoning map of the city.
(2) Conditional uses.
(a) The conditional uses in the Shoreland Overlay District are those uses allowed and regulated on a conditional basis by the applicable underlying zoning district as indicated on the official zoning map of the city.
(b) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure:
1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction in accordance with Chapter 1001 and 1005 and the Zoning Chapter 1007 of the city code;
2. The visibility of structures and other facilities as viewed from public waters is limited;
3. The site is adequate for water supply and on-site sewage treatment; and
4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
(c) Conditions attached to conditional use permits. The city, upon consideration of the criteria listed above and the purposes of this chapter, shall attach the conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter and the City Zoning Chapter. These conditions may include, but are not limited to, the following:
1. Increased setbacks from the ordinary high water level;
2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
3. Special provisions for the location, design and use of structures, watercraft launching and docking areas and vehicle parking areas.
(d) City Council. The City Council shall hear and decide applications for conditional uses permissible under this chapter in accordance with conditional use permit approval process of the city code.
(3) Permitted accessory uses.
(a) The permitted accessory uses in the Shoreland Overlay District are those uses allowed and regulated as accessory uses by the applicable underlying zoning district as indicated on the official zoning map of the city.
(b) Water-oriented accessory structures are permitted when constructed in accordance with the design criteria of § 1102.07(2)(b).
(c) Dock and boat launches are permitted provided they are constructed on the same lot as the principal structure.
(4) Prohibited uses. Any uses which are not permitted or conditional uses as regulated by the applicable underlying zoning district as indicated on the official zoning map are not permitted.
(Ord. 04-95, passed 4-10-1995)