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Only owners or persons with a possessory interest in property fronting on a river or on Lake Erie may apply for a permit. In any instance in which the Building Inspector is required to consider a permit under this chapter, an applicant shall submit an application on a form prescribed by the Building Inspector. The application shall be submitted with a thirty-five dollar ($35.00) fee and accompanied by a plot plan drawn to scale and accurately dimensioned showing the location of all existing and proposed docks, piers, and structures abutting or used in connection with the applicant's lot, including off-street parking, and any docks, piers, or structures within one hundred feet of such existing or proposed docks, piers, or structures. The plot plan shall also show the applicant's parcel lines. The applicant shall provide such other information as the Building Inspector may require, including, but not limited to, filings with or permits from Federal, State and County authorities, a description of the manner of construction of materials to be used, and evidence of ownership or possessory right to the abutting riverbank or shoreline.
(Ord. 2018-57. Passed 10-22-18.)
If the proposed dock, pier or structure conforms to the requirements of this chapter, and does not impair navigational safety or unreasonably restrict public or private access to navigable waters, the Building Inspector shall issue a permit for such dock, pier and/or structure. The permit shall become effective thirty days from the date of its issuance, unless, within such thirty day period, the issuance of such permit is appealed as hereinafter provided, in which event such permit shall take effect upon the resolution of such appeal upholding such issuance.
(Ord. 94-108. Passed 2-20-95.)
Any person aggrieved by an action of the Building Inspector taken pursuant to the provisions of this chapter, including any officer, department or bureau of the City, may appeal to City Council by notice to the Clerk of City Council given within thirty days of the date of such decision by the Building Inspector. City Council shall schedule a hearing within thirty days of the receipt of such notice of appeal by the Clerk of City Council, and hear and decide any question involving the interpretation of any provision of this chapter. If the party appealing the decision of the Building Inspector is other than the applicant for the permit, then the Clerk of Council shall furnish the applicant with notice of such appeal at least ten days prior to the date of such hearing.
(Ord. 94-108. Passed 2-20-95.)
(a) Permits issued under this chapter shall continue in effect until modified, suspended or revoked as hereinafter set forth.
(b) Permits issued under this chapter shall not be transferable.
(c) City Council may re-evaluate the circumstances and conditions of any permit issued under this chapter either on its own motion, at the request of the permittee or a third party, or at the request of the Building Inspector. City Council may modify, suspend for an indefinite duration, or revoke, a permit as may be necessary in consideration of the public interest. Among the factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since issuance of the permit, and the continuing adequacy of the permit conditions; any significant objections to the authorized activity that were not earlier considered; revisions to applicable statutory or regulatory authorities; and the extent to which modification, suspension or revocation would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit. However, City Council shall not modify, suspend or revoke any permit granted pursuant to this chapter until and after a public hearing is held on such proposed action, of which the permit holder is given at least thirty days prior written notice.
(Ord. 94-108. Passed 2-20-95.)
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