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480 Big Island - 23-117-23-32-0062
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farnes suppl
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3/12/2026 1:24:29 PM
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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 2.01. <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 Ordingnces -21- Revised 06-28-20 i 7 <br />
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