Agenda - Planning Commission - 08/01/1995

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Page Seven THE ZONING REPORT D. Dredging and filling. Dredging (removal of soil, silt, muck, sand or the ground surface under water seaward of the shoreline boundary) and filling is closely regulated by non-zoning codes. Dredging is allowed i~ it will improve navigability, water flow and water quality and mitigate conditions that would ~endanger public health or safety; create and improve recreational opportun- ities; and provide for drainage of surface runoff for approved development purposes. Methods must be shown in dredging applications that avoid dredging spoil from re-entering the water at the dredging site, and methods for containing the lateral spread of resuspended sediment within approved limits created by dredging operations. Routine backfill of waters is allowed between land and established b~llkheads. Earth fill to create new land in waters requires a special use per- mit for zoning purposes and is subject to floodland regulation and, most likely, state and federal approvals. Shoreline ye~fetation disturbed by dredging and fill operations must be restored to its original or an improved condition by a revegetation plan submitted with the application for dredging or filling. 6. LAND USES REGULATED ALONG SHORELINES A. Shoreline land uses are classified into three types: water dependent and water related as wa- ter-oriented uses, and non-water-oriented uses. Water-oriented uses are allowed in shoreline base zones by right with qualifications or conditionally, subject to site plan review; and are allowed conditionally in overlay shoreline zones and defined shoreline buffer areas where the conditions imposed are the qualifications otherwise required for such uses by right in base zones. Standards and conditions might l.tmit the capacity and intensity of uses, such as a maximum number of boa.t slips and moorages or ~a maximum lift capacity of hoists. (a). Water-dependent uses are those uses where water access is essential and the use can~- not function w~thout it. Such uses must have at least one of the following needs: it must be contiguous With w~ers at a shoreline; it cannot use lower quality water other than what is available from the waterbody without assuming excessive costs of water transport or of energy t~ carry water or raw materials of water-dependent uses to an inland site; or it creates hazardous conditions or security, problems of spillage or explosion, or transport congestion by ~.oad or railroad. (b). Water-rela'~ed uses. are those uses enhanced by their nearness to water where water access is not ~ssential., or which may experience a substantial loss of quality or amenity of goods and services offered. These uses are approved on shorelines often conditionally, whose relationzhip with waters is evaluated by the deciding board. Many of these uses are ancillary or accessory to water-dependent uses or can be combined within a planned multi- use development that is water oriented. B. Water-dependent uses. (a). Marina is the most common water-dependent non-industrial use regulated by zoning codes, often alrowed by zoning codes only in a marina zone. Standards for marinas include: ail structures must be permanent, at least a specified setback from the shoreline (25-100 ft), excluding piers, and boat and marine storage areas necessarily at the water's edge. Codes specify land side yards and water surface side yards for piers, structures over wa- ter, docks and moorages for boats that allow a maximum swing of docked and moored boats to within a minimum distance of the water side line, and a maximum length, width and confi, guration of piers, wharves and structures seaward from the shoreline, to be ex- July 21, 1995 Iss~