BUCHANAN TOWNSHIP- ORDINANCE NO 7-2016 ORDINANCE DOCKS AND MOORING FACILITIES

BUCHANAN TOWNSHIP
ORDINANCE NO. 7-2016
AN ORDINANCE TO AMEND THE
TOWNSHIP ZONING ORDINANCE REGARDING
DOCKS AND MOORING FACILITIES

THE TOWNSHIP OF BUCHANAN ORDAINS:

Section 1. Purpose.

The Township of Buchanan (the “Township”) adopts the following amendments
to the Township’s Zoning Ordinance for the health, safety and welfare of Township
residents.

Section 2. Amendment of Section 2.02

Section 2.02 of the Zoning Ordinance, entitled “Definitions” is hereby amended
to add definitions for Community and Private Docks under subsection “D”. The
additional definitions shall read as follows:

DOCK, COMMUNITY: A fixed or floating structure, including moorings,
operated by a nonprofit organization, campground, RV park, government
entity, neighborhood lake association, or other similar organization, used
for the purpose of berthing buoyant vessels to members or patrons and not
the general public, A community dock may include a boat livery, boat yard,
or a pier.

DOCK, PRIVATE: A fixed or floating structure, including moorings, that may
be accessory to a private residence on the same parcel and used for the
purpose of berthing buoyant vessels.

Section 3. Amendment of Section 8.04

Section 8.04.H of the Zoning Ordinance is hereby amended to read as follows:
H. Private Dock: One (I) Private Dock may be permitted provided it meets all of
the requirements of SECTION 18.36, DOCKS, BOAT· HOUSES AND MOORING
FACILITIES of this Ordinance.

Section 4. Amendment of Section 8.05

Section 8.05.H of the Zoning Ordinance is hereby amended to read as follows:
H. Private Dock: One (I) Private Dock may be permitted provided it is less
than six (6) feet in width and meets all of the requirements of SECTION 18.36,
DOCKS, BOAT HOUSES AND MOORING FACILITIES ofthis Ordinance.

Section 5. Amendment of Section 18.36

Section 18.36 of the Zoning Ordinance, entitled “Docks, Boat Houses, and Mooring
Facilities” is hereby amended to read as follows:

SECTION 18.36 DOCKS, BOAT HOUSES, AND MOORING FACILITIES.
General Provisions: The erection, construction or alteration of any dock, boat
house, or mooring facility shall first require a Zoning Compliance Permit.

No dock, boat house, or mooring facility, whether seasonal or permanent, shall:

A. Be built closer to any adjacent property line than ten (10) feet.
B. Have a deck height greater than five (5) feet from the elevation of the mean
water level.
C. Project into the waterway more than thirty five (35) feet beyond an elevation
which is three feet below the ordinary high water mark. The Zoning Administrator
may require a professional land surveyor licensed in the State of Michigan
to certify this elevation.
D. Be so constructed or arranged so as to constitute a hazard to navigation.
E. No dock shall obstruct the navigable waters of the State and all docks shall
con form to any applicable requirements of the Michigan Department of Environmental
Quality or any other federal or state requirements.

Private Docks: Private Docks shall be subject to the following requirements:
A. No more than three (3) boats including personal water craft shall be regu
larly moored at any private dock serving a single parcel.
B. Private docks shall not be used for commercial purposes or rented for
compensation in any form.
C. No private dock shall include T or L diversions that extend more than ten
(10) feet in any direction from the central dock.
D. Shared docks shall have a recorded easement and be approved by all own
ers.

Community Docks: Community docks shall be subject to the following requirements:
A. No more than twelve (12) boats including personal water craft shall be regu
larly moored at any community dock serving a single entity or organization.
B. Community docks shall not impede access to nearby docks by way of size,
orientation or design.

Section 6. Validity and Severability.

Any section or subsection not expressly amended by this Ordinance shall remain
in full force and effect. Should any portion of this Ordinance be found invalid
for any reason, such holding shall not be construed as affecting the validity
of the remaining portions of this Ordinance.

Section 7. Repealer Clause.

Any ordinances or parts of ordinances in conflict herewith are hereby repealed
only to the extent necessary to give this Ordinance full force and effect.

Section 8. Effective Date.

This Ordinance shall be effective seven days after publication as provided by
law.
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