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ORONO MUNICIPAL CODE Excerpts Regarding PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES The Orono Municipal Code prohibits residential property owners from renting out boat slips at their private docks. The provision of slippage for anyone other than the owners or occupants of the property, regardless whether there is a 'rental fee' involved, is prohibited. In brief, such activity is considered to be the'business of docking,mooring or storing boats'which is only allowed within the B-2 Lakeshore Business District. Section 10.41: B-2 Lakeshore Business District Subd. 2A: Definition: "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Subd. 5: Permitted Uses. Within the "B-2" Lakeshore Business District, no land or structures shall be used except for one or more of the following uses: A. Rental of in-water boat slips D. On-land storage of boats, winter and summer. Sections 10.23, 10.24, 10.25: LR-1 A, LR-1 B, LR-1 C One Family Lakeshore Residential Zoning Districts (None of these districts list'rental of in-water boat slips'or'on-land storage of boats, winter and summer'as allowed uses. They do allow "private docks" as an accessory use,'subject to the City Code and other applicable regulations,including boat storage density requirements'. While 'private docks' is not defined in the zoning code, the City has contended and the court has Lipheld that a private dock is an accessorv structure which by definition is a use "exclusively used for purposes incidental to those of the principal use",i.e. for the use of the owners or occupants of the property.) Section 5.42: Joint Use of Lake Facilities (This Section requires annual licensing for adjoining riparian property owners who wish to share a dock. It does not allow for business use of private docks.) Continued -