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Notes re: Boat Club Operation in B-2 District at Browns Bay LLC site 1) "Marina Business"means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 lakeshore business district. 2) "Boat club" or time share is a conditional use within the B-2 district, and cannot be operated unless a conditional use permit(CUP) is obtained. 3) CUPs are issued to the owner of the property because they become a property right. 4) The zoning code in the B-2 District Standards (Sec. 78-661 thru 78-678) does not distinguish between the property owner and lessees in terms of operation requirements. The property owner is responsible for the property remaining in compliance with the code regardless of the leases it may choose to enter into with tenants. 5) The marina licensing code (Sec. 94-71 thru 94-101) establishes that the primary business operator on the property shall be the licenseholder, and any businesses subleased on the premises shall be identified by the licenseholder, but will not be separately licensed. Browns Bay LLC is the primary business operator. The boat club as a tenant of the property does not need a separate business license. 6) Application for a boat club CUP must be made by Browns Bay LLC as owner, with the option to include boat club tenant as applicant. Any CUP approved will be granted to the owner and tied to the property, with conditions that would apply to any boat club operator at the site. 7) As a conditional use, the boat club use will only be allowed if it can be shown by the property owner that adequate parking is available on the site to accommodate that business operation in addition to all other approved operations on the site. The premise behind this ordinance requirement is that a time-share boat club operation has the potential to create a higher level of use than a standard single-user/single-owner situation, with the potential for overlapping parking needs of back-to-back users. 8) The parking requirements for marina operations are listed in 78-668. Those pertinent to this site are: - Six parking spaces for each ten boat slips on water or land. - Eight additional off-street parking spaces plus one additional space for each 800 s.f. of floor area over 1,000 s.f. (including warehousing and all outside sales and storage areas related to the sales and service functions). - Employee parking shall be in addition to the above requirements. Past approvals for this marina defined the required number of stalls as 77, and granted a variance because only 73 stalls are available, including 26 east of CR15 and 47 west of CR15 (of which 26 are located in the property zoned LR-1A at 1440 and 1442 Shoreline Drive). 9) Demonstration of parking adequacy for a boat club on the property should include a detailed written description of how the overall site is used, how the boat club operates, hours of operation, what space on the site is used for offices or other purposes,whether it is staffed full-time, etc.