(A) No floating home shall be moored, docked, used, or kept within the city or on or along any shoreline or land within or adjacent to the city unless a city license has been issued for the floating home.
(B) An application for a floating home license from the city shall include all of the following information, items, and materials:
(1) A fee as set by the City Council from time-to-time;
(2) A fully completed city floating home application form; and
(3) Such additional information and materials as the city deems necessary.
(C) Licenses for floating homes shall be issued by the enforcing officer. The enforcing officer shall consider all of the following standards when determining whether or not to issue a floating home license:
(1) Whether the application is fully complete;
(2) Whether both the floating home and its proposed use and moorage area will meet all of the requirements of this chapter and all other applicable city ordinances and codes;
(3) Whether the floating home and its proposed use will be safe and sanitary;
(4) Whether the proposed floating home is in keeping with the overall land use pattern in the surrounding area;
(5) Whether the floating home will adversely impact, or be adversely affected by, normal area wave and water patterns and actions;
(6) Whether all other applicable governmental regulations are satisfied; and
(7) Whether the floating home involved will generate the necessary extension or expansion of public facilities and services including, but not limited to, schools, roads, police, fire, water, and sewer.
(D) The enforcing officer may attach reasonable conditions to the approval of any floating home license.
(E) A floating home license is valid for three years. Upon the expiration of the floating home license, a new application must be filed with the city pursuant to § 99.05(B).
(F) The enforcing officer shall have the authority at all reasonable hours to inspect any floating home with a city license.
(G) (1) A floating home license may be revoked by the enforcing officer. When determining whether to revoke a city floating home license, the enforcing officer shall consider all of the following:
(a) Whether the use, location or activities associated with the floating home violate any provision of this chapter, any conditions of the floating home license, any other city ordinance or code or any county, state or federal law, regulation, or statute;
(b) Whether any of the standards contained in § 99.05(C) hereof are being or have been violated; and
(c) The enforcing officer determines that anything in the license application for the floating home (or any materials submitted to the city by the owner of the floating home) was erroneous, fraudulent or deceptive.
(2) Once a floating home license has been revoked, no new license for the same floating home shall be issued by the city for at least three years after the revocation.
(3) The owner of a floating home may appeal a revocation of the floating home's city license to the City Council, so long as the owner of the floating home files a written appeal with the City Clerk within 30 days of the date of the license revocation. For an appeal that has been timely filed with the city, the City Council shall hold a public hearing on the license revocation appeal, with at least 15 days prior written notice being mailed to both the owner of the floating home and the owners of all properties within 300 feet of the floating home moorage site (as shown in the city's most recent property tax roll). The decision of the City Council on any such appeal shall be final.
(H) The enforcing officer shall have the authority to require that a floating home be located in a specific area or placement within a floating home moorage, including, but not limited to, requiring a specific distance that the floating home be moored or secured away from walkways, docks, piers, seawalls and other fixtures or structures. The enforcing officer shall also have the authority to require stabilizing equipment and items for a specific floating home as is reasonably necessary for the stability and levelness of the floating home, as well as to prevent the floating home from shifting, drifting or moving towards or into another boat, structure, fixture or item.
(I) Under no circumstances shall a floating home be used, kept, anchored, or moored overnight in the following areas of the city's waterfront:
(1) In waters adjacent to residential zone districts;
(2) In waters adjacent to licensed street ends; or
(3) In waters adjacent to city parks.
(Ord. 210726-B, passed 7-26-2021)