(A) Permit. Prior to the commencement of the minor waterfront construction as hereinafter defined, a permit shall be obtained from the Michigan Department of Environmental Quality or successor agency.
(B) Minor construction defined.
(1) Construction of bulkheads, piers or docks, mooring buoys, boat hoists or other structures extending into or located on the waters of the Kalamazoo River or Kalamazoo Lake where the purpose is for the private use of the facility or facilities by the property owner, and not for rent, lease or availability to the general public as a commercial facility or yacht club.
(2) The purpose of this classification is to permit relatively inexpensive construction of any pier or dock, not longer than 45 feet, at any one single-family residential parcel of land. Construction is limited in magnitude to that which might be done for the personal benefit of the owner and immediate family members.
(C) Pier or dock construction.
(1) Piers, docks or spring piles constructed pursuant to this subchapter shall not extend outboard more than 45 feet from the bulkhead or shoreline, the length of which shall be measured 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.
(2) All piers or docks shall be substantially constructed and meet generally accepted construction standards.
(3) Finger piers shall not exceed 30 feet in length.
(D) Number of piers or docks. Only one pier or dock shall be allowed for each residential lot or parcel. City-owned property shall be exempt from this provision. The City Council shall determine the appropriate number of docks allowed on city property.
(E) Bulkheads. Bulkheads may be in accordance with permits issued by the U.S. Army Corps of Engineers and/or the Michigan Department of Environmental Quality and § 154.205(E)(1).
(F) Backfill and dredging. Backfill and dredging in minor construction projects shall be controlled the same as set forth in § 154.205(E)(2).
(G) Boat hoists. Boat hoists shall be permitted for seasonal use. A boat hoist may be installed in place of a pier or dock or at the end of a pier or dock, but in such case shall extend not more than 45 feet from the bulkhead or ordinary high water mark, International Great Lakes Datum (IGLD).
(H) Mooring buoys. A single mooring buoy may be located directly off the shore or bulkhead; however, it must meet USCG design standards and lighting requirements for buoy and boat. No more than one single mooring buoy shall be permitted per parcel or lot. A lot may have both one dock and one buoy.
(I) Permit procedure.
(1) An application for minor waterfront construction permit 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 address and property identification number of where proposed construction activity will occur:
(c) Intended use for the proposed waterfront construction;
(d) A statement as to why the construction will not cause pollution, impair or destroy the water, or any natural resources;
(e) The dates the proposed waterfront construction is intended to commence and be completed;
(f) A copy of an approved permit from the applicable federal and state agencies including the Michigan Department of Environmental Quality or the US Army Corp of Engineers. A waterfront construction permit shall not be issued by the city without receipt of these required permits.
(g) A sketch plan showing the proposed waterfront construction in appropriate form as set forth in the permit application.
(3) Upon receipt of a complete application, the Zoning Administrator shall cause notice to be sent to the adjacent property owners of the subject property, by first class mail utilizing tax record information, a letter explaining the general nature of the proposed minor waterfront construction project. The Zoning Administrator shall approve the application if it meets the requirements of this section.
(Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 080324-3, passed 3-24-2008; Am. Ord. 091109-1, passed 11-9-2009)