03-07-2012 Planning Commission Work Session

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To: Melanie Curtis, Planning Coordinator From: Mike Gaffron, Asst. City Administrator -;1,4 44 Date: May 12, 2011 Subject: Dock Rental Regulation Code Background The City initially regulated the rental of docks via Ordinance No. 43 adopted April 23, 1962. That ordinance defined the "Business of Docking or Storing Boats" as "Renting or otherwise providing space for docking or storing three or more boats belonging to persons other than the owner of the property upon which said boats are docked or stored". That ordinance further stated that a license is required to be engaged in the business of docking or storing boats, and that no license shall be issued unless the property involved is in the commercial zone. Ordinance No. 51 adopted April 8, 1963 slightly revised the definition by adding the clause "or adjacent to which said boats are moored", recognizing that mooring buoys are an alternative method of boat storage. Ordinance No. 166 adopted June 25, 1974 again slightly revised the definition to read as follows: "Renting or otherwise providing space, including boat buoys,for docking, mooring,or storing three or more boats belonging to persons other than the owner or renter of the property upon which said boats are docked or stored, or adjacent to which said boats are moored". This new language allowed the renter of lakeshore property to have the right to store a boat on the property. Ordinance No. 173 adopted December 19, 1974 revised the definition again, this time to read: "Renting or otherwise providing space, including boat buoys,for docking, mooring, or storing three or more boats belonging to persons other than the owner or renter of the property upon or from which said boats are docked or stored, or adjacent to which said boats are moored". The 1984 recodification of the Municipal Code resulted in additional minor changes to the definition: "Business of Docking, Mooring,or Storing Boats means renting or otherwise providing space, including boat buoys, for docking, mooring, or storing three or more boats belonging to persons other than the owner or renter occupant of the property upon moored". The definition underwent a significant revision with Ordinance No. 117, 2nd Series adopted June 28, 1993: "Business of Docking, Mooring, or Storing Boats means renting or otherwise providing space, including boat buoys,for docking, mooring, or storing three one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use". This revision effectively disallowed the rental of any slips at private docks without a business license. Ordinance 117, 2"d Series also separated out the joint use dock licensing requirements from the marina licensing requirements.Note that the clause "except when licensed as a joint use"would not apply to most dock rental situations, because a joint use license can only be obtained by a group of riparian or non-riparian landowners within a subdivision.