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01/20/2003 04:25 9529217257 CROMWELL PAGE 20 <br /> c) Side setbacks and dock use areas between two or more adjoining sites may be <br /> adjusted by mutual consent of the site owners subject to the following conditions: <br /> 1) adjustment is only permitted: a) between or among owners of two or more <br /> non-commercial docks for the private non-commercial use of the site <br /> owners: or b) between an owner of a municipal dock and an owner of a <br /> private non-commercial dock. <br /> 2) owners must observe side setbacks at the outer site lines of such adjoining <br /> sites. <br /> 3) consent to the adjustment is revocable by any party to the agreement at any <br /> time. In any case in which any structure in the dock use areas of any of the <br /> adjacent sites requires a license under this Code, each annual license <br /> application must include a written consent of the owners of all affected sites, <br /> 4) no more watercraft may be stored at the adjacent sites affected by the <br /> adjustment than the sum of the number of watercraft which would be <br /> allowed at each site if there were no such adjustment. <br /> d) Notwithstanding anything to the contrary in this Code, the Board may approve, as <br /> part of a new multiple dock license, adjustments to side setbacks and dock use areas between a <br /> commercial multiple dock site and one or more adjoining residential (noncommercial) sites that are <br /> under common ownership as follows: <br /> 1) adjustments to the side setbacks may be allowed if all of the following <br /> conditions are met: <br /> (a) side setbacks at the outer site lines of such adjoining sites are <br /> maintained: <br /> (b) the residential site may maintain dockage and watercraft density as <br /> allowed by the Code; however, no more watercraft may be stored at the <br /> commercial multiple dock or at the adjacent residential site as a result of <br /> the adjustment that is otherwise allowed by the Code; <br /> (c) the property ownership is verified and the setback adjustment is <br /> indicated on each license application submittal; and <br /> (d) if the ownership of the properties change so that they are no longer <br /> under common ownership, the dock use area must be reconfigured to <br /> meet the setbacks as otherwise indicated in section 201. <br /> 2) shoreline measurement, for the purpose of calculating watercraft density, <br /> may be transferred from an adjoining residential (noncommercial) site to a commercial <br /> multiple dock site if all of the following conditions are met: <br /> (a) dock structures, watercraft, or similar may extend up to, but not across, <br /> the extended property line between the different properties; <br /> LMCD Code of Ordinances <br /> -21- Revised 06-28-2017 <br />