(A) Purpose. The purpose of this district is to promote the marina character of waterfront areas. Only those uses that will support and complement the marina atmosphere shall be allowed in the district.
(B) Acreage limitations. In order to be zoned or rezoned C-M (Commercial Marina), a tract must contain a minimum of 20 acres above mean high water mark. The acreage of multiple tracts may be added together to reach the 20-acre minimum set forth herein so long as said tracts are adjacent to one another and said tracts are owned by the same individual or entity.
(C) Improvements. No approval for construction of any on-site or off-site improvements in a C-M District shall be granted until a development plan for the commercial marina development is approved in accordance with the procedures and requirements of these regulations. Once approved, the provisions of the development plan will govern all aspects of development of the property.
(D) Permitted uses.
(1) Automobile parking;
(2) Bait and tackle shop;
(3) Boat dock;
(4) Boat service area (marina);
(5) Boat storage (excluding stack storage);
(6) Boat repair;
(7) Boat sales;
(8) Fishing pier or dock;
(9) Gift shop;
(10) Marine club or organization;
(11) Restaurant; and
(12) Marine service station.
(E) Special uses.
(1) Motel;
(2) Petroleum products;
(3) Public use, including public utility distribution lines, transformer stations, transmission lines and towers, water tanks, but not service or storage yards;
(4) Principal use signs; and
(5) Office and professional buildings.
(F) Development standards. All uses and structures permitted in the C-M District shall meet the applicable development standards established in this section and all other applicable requirements of these regulations.
(1) Dimensional requirements. Except as provided otherwise in this section, the following regulations are applicable in the C-M District:
(a) Unless greater setbacks are required by applicable state or federal regulations, the minimum front, side and rear setbacks for all structures, parking, and dry storage shall be 25 feet. However, if property zoned C-M Commercial Marina abuts property zoned either Residential R-20, Residential R-15, Residential Mixed Use RMU, or Residential Multi-Family RM (hereinafter collectively referred to as "residential property") and a residential dwelling for which a certificate of occupancy has been issued is situated upon the residential property as of the date this ordinance amendment is adopted, the minimum setback shall be 50 feet with respect to the portion (front, side, or rear as applicable) of the Commercial Marina C-M property abutting any residential property.
2024 S-10
(b) Maximum height limitations:
1. Structures shall not exceed 35 feet above mean surrounding ground level to the eaves, except for structures which enclose boats while under repair and/or maintenance; and
2. Outside dry storage of the cradles and racks, without roof coverage, shall not exceed ten feet.
(2) Buffers. The buffer requirement set forth in § 151.214 of the Code of Minnesott Beach shall apply to property zoned C-M Commercial Marina.
(G) Procedure.
(1) Pre-application conference. Before filing an application for a C-M development plan approval, the applicant shall schedule a pre-application conference with the Planning Board. The applicant shall provide the Planning Board the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development, including the footprint of all proposed structures;
(b) All proposed permitted and special uses, including location and acreage for those uses;
(c) A schematic description of traffic circulation and roadway improvements; and
(d) Drawings showing compliance with all applicable buffer requirements.
(2) Once an applicant's development plan is approved by the Board of Commissioners, the property shall be developed consistent with said development plan. Substantive changes may not be made to the development plan following its approval until the proposed substantive changes have been submitted to the Planning Board and approved by the Board of Commissioners. For purposes of this division, the term "substantive changes" includes, but is not necessarily limited to, (i) changes impacting the number, location or use of buildings or structures; (ii) changes impacting the size of buildings or structures if the change is greater than 10%; (iii) the location of roads or traffic circulation; and (iv) the subdivision of any property depicted on the development plan.
(H) Effect of approval.
(1) The approval of a C-M development application and a development plan shall not become effective until the applicant has submitted to the Planning Board a copy of the development plan incorporating all changes, if any, that were required as conditions to the Board of Commissioners approval, and additional information as may have been required as a condition of the C-M or development plan approval.
(2) Upon receipt of all required submittals, the Mayor shall mark and sign the development plan as approved by the Board of Commissioners and return a marked and signed copy of the development plan to the applicant. A copy marked "ORIGINAL" shall be retained for the records of the town.
(Ord. passed 2-10-2009, § 7.7; Ord. passed 5-10-2022; Ord. passed 7-6-2022, § 2; Ord. passed 2024)