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'1 <br /> Dock Rental Information Flyer 4-98 /�J <br /> Updated 5-04 <br /> • 0 0 . CITY OF ORONO <br /> O 0\ Building & Zoning Department <br /> ,x,%,* <br /> ORONO MUNICIPAL CODE <br /> '�jY�� ti <br /> ejN �4G <br /> E0I0* Excerpts Regarding <br /> g <br /> PROHIBITION OF BOAT SLIP <br /> IP RENTAL <br /> IN RESIDENTIAL ZONES <br /> The Orono Municipal Code prohibits residential property owners from renting out boat slips at <br /> their private docks. The provision of slippage for anyone other than the owners or occupants of <br /> the property, regardless whether there is a 'rental fee' involved, is prohibited. Such activity is <br /> considered to be the 'business of docking, mooring or storing boats' <br /> which is only allowed within <br /> the B-2 Lakeshore Business 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 <br /> used 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: (LR-1A, LR-1B, LR-1C One Family <br /> Lakeshore Residential Zoning Districts, list of permitted, conditional and accessory allowed uses). <br /> None of these single family residential districts include 'rental of in-water boat slips' or 'on-land <br /> storage of boats, winter and summer' as allowed uses. They do allow "private docks" as an <br /> accessory use, 'subject to the City Code and other applicable regulations, including boat storage <br /> density requirements'. While 'private docks' is not defined in the zoning code, the City has <br /> contended and the court has upheld that a private dock is an accessory structure which by <br /> definition is a use "exclusively used for purposes incidental to those of the principal use", i.e. for <br /> the use of the owners or occupants of the property. <br /> Section 94-36/37/38: Re: Joint Use of Lake Facilities. This Section requires annual licensing for <br /> adjoining riparian property owners who wish to share a dock. It does not allow for business use of <br /> private docks. <br /> Continued - <br />