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2004-2005 Illegal Marina - Litigation File (case is closed; contents are public)
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2004-2005 Illegal Marina - Litigation File (case is closed; contents are public)
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8/22/2023 4:05:49 PM
Creation date
5/7/2020 12:02:41 PM
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House Number
2740
Street Name
Shadywood
Street Type
Road
Address
2740 Shadywood Road
Document Type
Misc
PIN
2111723240065
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• <br /> • - Dock Rental Information Flyer 4-98 <br /> Updated 5-04 <br /> 4TOT <br /> k. <br /> ,(e% (1\` CITY OF ORONO <br /> ;j:. o � <br /> �ESB _ �� Building & Zoning Department <br /> IA <br /> t.4\41,* <br /> '� '�O7 w ORONO MUNICIPAL CODE <br /> Excerpts Regarding <br /> PROHIBITION OF BOAT SLIP RENTAL <br /> IN RESIDENTIAL ZONES <br /> The Orono Municipal Code prohibits residential property owners from renting out boat slips at their private <br /> docks. The provision of slippage for anyone other than the owners or occupants of the property, <br /> regardless whether there is a'rental fee'involved,is prohibited. Such activity is considered to be the <br /> 'business of docking,mooring or storing boats'which is only allowed within the B-2 Lakeshore Business <br /> District. <br /> The following Municipal Code sections apply: <br /> Section 78-661: Definition: "Marina Business"means engaging in one or more of the permitted, <br /> accessory or conditional uses allowed within the B-2 Lakeshore Business District. <br /> Section 78-665: Within the"B-2"Lakeshore Business District,no land or structures shall be used <br /> except for one or more of the following uses: <br /> (1) Rental of in-water boat slips... <br /> ...(4) On-land storage of boats,winter and summer. <br /> Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: <br /> (LR-1A,LR-1B,LR-1C One Family Lakeshore Residential Zoning Districts,list of <br /> permitted, conditional and accessory allowed uses) <br /> None of these single family residential districts include'rental of in-water boat slips' <br /> or'on-land storage of boats,winter and summer'as allowed uses. They do allow <br /> "private docks"as an accessory use,'subject to the City Code and other applicable <br /> regulations,including boat storage density requirements'. While'private docks'is not <br /> defined in the zoning code,the City has contended and the court has upheld that a <br /> private dock is an accessory structure which by definition is a use"exclusively used <br /> for purposes incidental to those of the principal use",i.e.for the use ofthe owners or <br /> occupants of the property. <br /> Section 94-36/37/38: Re:Joint Use ofLake Facilities. This Section requires annual licensing for adjoining <br /> riparian property owners who wish to share a dock. It does not allow for business <br /> use of private docks. <br /> Continued - <br />
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