The following regulations shall apply to all lakes within the
Township.
Not more than one dock shall be permitted, used or utilized for each platted lot or parcel meeting the minimum water frontage, area and width requirements of Chapter 450, Zoning, as amended, and other applicable ordinances. No other docks are permitted.
In no event shall the number of vessels launched from, or docked
or moored at each separate frontage exceed six vessels in total.
For any multiple-unit residential development or commonly owned
or utilized lake frontage, not more than one common dock shall be
used or utilized for each 70 feet of continuous lake frontage (as
measured along the water's edge at the normal high-water mark of the
lot or parcel) for the mooring or dockage of motorboats.
For any multiple-unit residential development or commonly owned or utilized lake frontage, the number of docks, boats docked and marine storage devices or boat cradles at any common dock shall be determined pursuant to the procedure described in § 126-24 and no additional dockings, marine storage devices or boat cradles shall be permitted.
For any commercial properties, the maximum number of boats docked shall be determined pursuant to the procedure described in § 126-24 and no additional dockings shall be permitted.
No moorings shall be installed or utilized without a variance issued by the Zoning Board of Appeals under this chapter, except that rafts may be installed pursuant to the procedure described in § 126-24.
In order that the cumulative impact of watercraft use and activity
on lakes may be moderated or reduced, and to help prevent hazards
to the public safety which may result from excessive use of motorboats
on lakes, no dock, motorboat, mooring, marine storage device, launch
or slip shall be used by any person other than the owner, purchaser,
lessee or occupant of a separate frontage, or of the dwelling or other
residential building located on such separate frontage.
A.
Except for Sunfish Lake, docks, marine storage devices, and rafts
that are permanently installed or otherwise permanently in place are
prohibited. All existing permanent docks in lakes other than Sunfish
as of January 1, 2017, shall be grandfathered from this restriction,
except that upon sale of the property abutting the permanent dock
such permanent docks shall be completely removed prior to closing.
No grandfathered permanent dock under this chapter may be replaced,
nor may more than 50% of the original dock structure be replaced or
repaired.
B.
For purposes of this section, a permanent dock, marine storage device
or raft shall be one which is located in the waters of a lake, whether
wholly or partially, at any time between December 14 and the following
March 16.
C.
Except as stated in Subsection D, all docks, marine storage devices and rafts shall be completely removed from, and shall not be installed in, any lake, whether wholly or partially, at any time between December 14 and the following March 16.
D.
One of the lakes in the Township, Sunfish Lake, unlike other Township
lakes, has a marl or muck bottom. As a result, the seasonal removal
of docks from Sunfish Lake is impractical, because of the substantial
anchoring devices that must be used in order to maintain the stability
of docks in that lake.
(1)
Docks, marine storage devices and rafts in Sunfish Lake, only, may
remain installed on a permanent basis and need not be seasonally removed,
whether during the period from December 15 through the following March
15, or otherwise. Any such dock must have the appropriate state approvals.
E.
All docks, marine storage devices and rafts shall be maintained in
good and safe condition at all times, and shall not be placed, installed
or used in any manner as to impede navigation or be a safety hazard
to any persons or vessels. This restriction takes precedence over
any other provision in this chapter and may restrict length or width
provisions otherwise allowed herein.
Rafts may not be moored in any lake in the Township, except with biennial permission as established pursuant to § 126-24. Under no circumstances shall a raft be approved that has an exposed surface area exceeding 85 square feet; that has a portion of the raft that is more than 30 feet beyond the maximum length permitted for a dock on the separate frontage; or that is moored in violation of MCL 324.80163. Permission under § 126-24 shall be considered valid for not longer than two years.
Unless otherwise regulated, any land under the ownership, possession
or control of the Township or any governmental agency or unit having
access to any lake shall be fully subject to the provisions of this
chapter.
No motorboat shall be stored or kept overnight on the shoreline
or moored overnight in a lake, in any manner which does not comply
with this chapter.
No dock or marine storage device shall be of such a length or
be so placed as to impede navigation or be a safety hazard to any
persons or vessels, and in no event may they extend more than 40 feet
from the water's edge or past the point in the lake where water first
reaches a depth of four feet, whichever is greater.
No dock for boat use shall exceed six feet in width. T- or L- or Y-sections may be used so long as no part of any section of the configuration exceeds 16 feet and provided setbacks are met as provided in § 126-23.
All docks shall be placed so as to point directly to the center
or center line of a lake as depicted in Exhibit A.[1] No dock shall be placed within seven feet of the side lines of a separate frontage as extended to the center or center line of the lake or body of water. Marine storage devices may be utilized so long as they are not placed within two feet of a side lot line as extended to the center or center line of a lake, using the riparian lot lines in the diagrams attached hereto as Exhibit A. No vessel shall be launched, stored, docked or moored within two feet of the side lines of a separate frontage as extended to the center or center line of a lake. This prohibition shall not apply to the common lot line between two lots utilizing an approved common dock pursuant to § 126-24 hereof. If two or more adjoining separate frontages are unable to place docks of maximum length under this chapter pursuant to this setback requirement, neither separate frontage may place a dock unless they each obtain a variance from the Zoning Administrator or establish a common dock pursuant to § 126-24 below.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
Two or more adjoining separate frontages or multiple-unit developments
may share one common dock if the Zoning Administrator determines that
the planned common dock will not violate MCL 324.80163, and approves
the same in writing, including a determination of the maximum number
of motorboats that may be docked. There shall be no other docks utilized
for the two separate frontages involved except the one approved common
dock. For rafts or commercial boat launching and docking, a permit
must be obtained from the Zoning Administrator upon a showing, at
a minimum, that the permit will not violate any provision of this
chapter. If an owner is dissatisfied with any decision of the Zoning
Administrator, the owner may appeal that decision to the Zoning Board
of Appeals, whose decision may include a variance if appropriate and
shall be final.
No private dock shall be placed, utilized, used or maintained
at or on a right-of-way, public park, road, dedicated walkway or easement
which abuts or terminates at a lake, nor shall any vessel or other
form of watercraft be moored or stored at or on any such right-of-way,
public park, road, dedicated walkway, or easement.
[Amended 1-10-2022 by Ord. No. 2022-1]
Following the effective date of Ordinance No. 2017-2, no launching
and/or docking of vessels shall be permitted with respect to a separate
frontage which does not constitute a legal conforming lot; notwithstanding
the foregoing, this provision shall not apply to lots or parcels constituting
a building site of record prior to the effective date of Ordinance
No. 2017-2.
No dock, mooring, slip, or marine storage device in any zoning
district shall be sold, leased, or the use thereof given to any third
party, other than the owner, purchaser, lessee or occupant of a separate
frontage or of the dwelling or other residential building located
on such separate frontage.
