The City Council hereby makes the following express findings regarding the desirability and necessity of the city adopting and enforcing this chapter:
(A) The mooring, docking and/or use of floating homes along the shoreline of the city, at or adjacent to docks, piers and mooring slips within or adjacent to the city and at similar locations, and the residential dwelling use of floating homes will likely create problems for, and negative impacts upon, adjacent and nearby lawful uses within the city as well as present unreasonable challenges to and negative impacts upon navigation by other boats and vessels.
(B) The long term mooring or use of floating homes as dwellings or structures of habitation will negatively impact the aesthetics of the city's waterfront areas as well as block the view of the Kalamazoo River by tourists and the occupants of many houses and dwellings located upland from the floating home mooring site, thus hurting tourism and lowering property values.
(C) Allowing floating homes to be used as habitable structures or dwellings would potentially circumvent many of the safeguards for dwellings and houses contained in both the City Code and the city's zoning regulations, including, but not limited to, provisions regarding setbacks, parking requirements, zoning ordinances, building codes and permits, open space, and buffers.
(D) Marina facilities, docks, piers and other amenities and appurtenances along the waterfront within the city were and are intended to be utilized for temporary use for conventional boats and vessels, not for permanent or semi-permanent homes, dwellings or similar habitable structures. Furthermore, it is in the best interests of the city, as well as its residents, visitors and property owners, to have the waterfront generally clear of boats and vessels during the off-season, not only for purposes of aesthetics but for environmental and safety reasons as well.
(E) Floating homes present many potentially challenging and unhealthy situations, including, but necessarily limited to, the disposal of sewage, providing clean potable water to the users and occupants of floating homes, managing trash and garbage disposal and ensuring that a floating home is not damaged or swamped by storms, severe wave action and impact with other boats or vessels.
(F) Floating houses and de facto housing subdivisions on- or offshore are not compatible with the city's waterfront areas, building codes for dwellings, master plan or zoning regulations.
(G) The City Council finds that this chapter is both reasonable and prudent, and will promote the public health, safety and welfare of the residents, property owners and visitors of and to the city.
(Ord. 210726-B, passed 7-26-2021)