(A) Permit. Prior to commencement of any major waterfront construction, a permit shall be obtained from the city in accordance with the procedures contained in this chapter. The city can attach reasonable conditions to the granting of any permit.
(B) Major construction defined.
(1) The construction of a bulkhead, dock, pier, boat hoist and/or other structure extending into or located on the waters of the Kalamazoo River or Kalamazoo Lake where the purpose is to rent, lease or otherwise make available to the general public space for the securing or mooring of watercraft for commercial purposes, or in conjunction with a commercial establishment, a condominium or a marina.
(2) Major construction shall also include any pier or dock, whether for commercial or private use, which extends into the waters of the Kalamazoo River or Kalamazoo Lake more than 45 feet as measured from the Ordinary High Water, elevation 581.5 International Great Lakes Datum (IGLD). A major construction permit shall always be required for waterfront construction in connection with the establishment, use or expansion of a private or commercial marina where permitted under §§ 154.023 through 154.041 of this code.
(C) Compliance with zoning code. When major waterfront construction is to be in conjunction with a commercial facility, or commercial or private marina, issuance of a major construction permit shall be conditioned upon full compliance with the applicable provisions of § 154.092(D), and § 154.130 parking for marinas is also required. Compliance with § 154.130 is required.
(D) Pier or dock construction.
(1) Piers or docks constructed pursuant to this subchapter shall not extend outboard more than 100 feet from the bulkhead, or at a location on the bottom of the ordinary high water, elevation 581.5 International Great Lakes Datum (IGLD). The only exception to the length restriction is as stated in division (D)(9) below for the Neighborhood Marine district (NHM).
(2) The main pier extending from the shoreline shall have a minimum width of four feet. A main pier may be “L” shaped so long as any finger piers do not exceed the maximum distance from the shore/bulkhead as specified in division (B) above.
(3) Finger piers less than four feet wide extending from the main pier shall not exceed 30 feet in length, and shall have a minimum width of three feet.
(4) Pier or docks shall allow for the flowage of littoral materials and water in such a manner as to preclude detrimental impact in adjacent properties and environment.
(5) All pier or docks shall be located so as not to infringe on the riparian rights of other property owners or recorded water access or use easements.
(6) Pier or dock construction must be substantial and the design and materials must be consistent with established construction standards as required by the State Construction Code.
(7) All piers or docks constructed under a major construction permit shall have the capacity to carry a live load of 100 pounds per square foot and shall have located thereon adequate lighting in areas available for public use in periods of darkness.
(8) No piers or dock shall be placed within the parcel’s required side yard setbacks nor may they be placed within the extension of the required setback into the riparian rights area (one and one-half times the allowed boat length). Boats, boat hoists and spring pilings shall be located within the owners riparian rights area.
(9) Consideration for main pier lengths in excess of 100 feet is permitted in the Neighborhood Marine (NHM) district only. The length may be extended to a maximum of 200 feet from the bulkhead, or at a location on the bottom of ordinary high water, elevation 581.5 . International Great Lakes Datum (IGLD), whichever is less, following a determination by the Planning Commission that all of the following requirements have been met:
(a) The extension into the body of water shall be no greater than existing piers on both sides of the parcel. A line shall be determined by inspection of the site and neighboring piers;
(b) An extension beyond 100 feet is not to be allowed if any limitation to navigation by existing channel will occur;
(c) Respect for riparian rights of neighbors and setbacks are required; and
(d) Parking must be provided in accordance with § 154.130 for any increases in the number of berths or moorings provided.
(E) Bulkhead construction. The entire property shoreline shall be protected by an impermeable bulkhead. Bulkhead design and construction shall be consistent with the established construction standards. Bulkheads shall not be less than one foot higher than the highest water level on record, and the top of the bulkhead shall not be less than six inches higher than the backfill on adjacent terrain.
(1) Bulkhead location. Bulkheads shall not be located on a line closer toward the water than the nearest existing structure of a similar nature, or at a location on the bottom of ordinary high water, elevation 581.5 International Great Lakes Datum (IGLD).
(2) Backfill and dredging.
(a) Backfill and dredging, if to be performed in connection with major construction, must be specified in requests for all permits as to:
1. Need;
2. Location;
3. Quantity; and
4. Disposition of spoil.
(b) Backfill may be with dredged material, but below the normal high water mark shall not be more than two cubic yards per foot of lineal placement, unless otherwise authorized by the Department of the Army Corps of Engineers’ permit.
(F) Spring piles. Spring piles shall be considered part of the basic structure and must be located within the overall length requirements for piers or docks as bet forth in this subchapter.
(G) Wetlands. No major construction shall be allowed in wetland areas.
(H) Permit procedures.
(1) An application for major construction permits shall be filed with the Zoning Administrator.
(2) The application shall be available at the City Clerk’s office and shall require the following information:
(a) The applicant’s full name, mailing address and telephone number;
(b) The location where proposed construction activity will occur;
(c) The legal description of upland property at the waterfront construction site;
(d) Reason for the proposed waterfront construction, its purpose and intended use;
(e) The name and address of the owner of the upland real property;
(f) A statement as to why construction will not cause pollution, impair or destroy the water, or any natural resources;
(g) A description of any alternatives to the proposed waterfront construction if any have been considered;
(h) The names and addresses of adjacent property owners, and a statement as to whether any objections have been made to the applicant concerning the proposed waterfront construction;
(i) The name, address and telephone number of the applicant’s authorized agent, if the application is being handled through an agent, attorney or other representative of the applicant;
(j) The dates the proposed waterfront construction is intended to commence and be completed;
(k) Whether an application to the other appropriate federal or state agency, as required by law, has been made, and the date the application has been submitted;
(l) A statement as to whether the proposed construction has been approved or denied or not acted upon by other state or federal agencies as required by law;
(m) A site plan showing the proposed waterfront construction in appropriate form as set forth in the permit application; and
(n) A statement as to whether the facility is to be leased, rented or made available to the general public, or is to be used in conjunction with any other commercial facility available for use by the general public.
(I) Filing fees. A filing fee as determined by the City Council and set forth in the city’s schedule of fees for site plan review shall accompany each application.
(J) Processing of applications.
(1) Within 15 days from the date of filing the application, the Zoning Administrator shall review the application and forward the same to the Planning Commission with any comments the Zoning Administrator deems appropriate.
(2) Any incomplete application filed with the Zoning Administrator shall be returned to the applicant. However, another filing fee shall not be required upon re-submission of a prior incomplete application.
(K) Notice of hearing.
(1) The Zoning Administrator or his or her designated agent shall have published a notice of the date, time and place of the public hearing to consider the application and receive objections or comments, and the notice shall include the name of the applicant, the location of the proposed major construction, and a brief description of the nature of the construction.
(2) The notice shall be published in conformance with Michigan Zoning Enabling Act, as amended.
(L) Duties of Planning Commission.
(1) The Planning Commission shall consider the application at a public hearing within 30 days after receipt of the application from the Zoning Administrator, unless further time is agreed upon by the parties concerned. The Planning Commission shall approve, approve with conditions, deny or require modification of proposed major construction.
(2) In reviewing an application, the Planning Commission shall consider the following criteria:
(a) The impact on the ecological aspects of the waters and the adjacent properties located at the waterfront construction site;
(b) The impact the construction would have on the use of the water by recreational boaters and adjacent property owners, and any hazard or interference to navigation the waterfront construction might create;
(c) Compliance with the requirements of this chapter;
(e) Objections by the general public or nearby property owners, submitted in writing or in person at the public hearing.
(M) Denial of permit. If the Planning Commission shall deny the application for a permit, they shall state their reasons therefore.
(N) Modification. The Planning Commission shall have the right to require modifications of the proposed major construction plan as submitted in the application, and may issue a permit conditioned on the applicant’s acceptance of the modifications as determined by the Planning Commission. The Planning Commission may also approve a permit with conditions of approval.
(O) Assistance of Building Inspector or Engineer.
(1) Before approval of the application, the Planning Commission may request the opinion of the City Building Inspector or such licensed engineer as it may designate regarding the proposed major construction.
(2) If such an opinion is desired by the Planning Commission, it may delay a decision on the application submitted pursuant to this subchapter for a period of not more than 30 days from the date of public hearing.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008)