Structures accessory or appurtenant to permitted uses such as boat docks, loading and parking areas, marinas, sheds, emergency airstrips, permanent fences crossing channels, picnic shelters and tables and lavatory, may be permitted; provided that:
(A) The structures are not intended for human habitation or supportive of human habitation;
(B) If the structures are substantial as determined by the permit issuing authority, an encroachment analysis must be prepared by an engineer;
(C) The structures will, insofar as possible, be located on ground higher than the surrounding ground and as far from the channel as possible;
(D) Only those wastewater disposal systems that meet the requirements and separation distances under ARM 17.36.101-116 and 17.36.301-345 are allowed;
(E) Service facilities within these structures such as electrical, heating and plumbing are flood- proofed;
(F) Structure are firmly anchored to prevent flotation;
(G) The structures do not require fill and/or substantial excavation;
(H) No large scale clearing of riparian vegetation within 50 feet of the mean annual high water mark, and
(I) The structures or use cannot be changed or altered without permit approval.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Uses requiring permits, see ARM 36.15.602(2), 36.15.602(9)