§ 44-257. Construction, use of docks, waterfront structures, and boat wells.

(a)

The construction, use of docks, waterfront structures, and boat wells on any lot is subject to the zoning classification and restrictions as imposed by this chapter, provided, however, such construction and use is permissible either as a principal or accessory use as therein defined.

(1)

A dock, waterfront structure, or boat well may be constructed and maintained as a principal use only on waterfront lots where there is not sufficient land above the mean water level to construct any type of habitable structure permitted by this chapter and where such lot is adjacent to another lot owned by the same owner upon which a habitable principal structure permitted by this chapter presently exists.

(2)

The term "adjacent to" shall be interpreted to include any lot which would otherwise be contiguous with a waterfront lot but for a public roadway which separates the two lots and where both lots have common ownership.

(3)

As a condition precedent to the issuance of a permit to build such structures as are permitted by this article on waterfront lots separated from the "adjacent to" lot by a roadway, the owners thereof shall give to the city by a recordable instrument in writing a covenant providing in substance as follows:

"COVENANT.

In consideration of the City of Gibraltar issuing a building permit for the construction of a dock, or boat well or other waterfront structure on Lot ____________ , ____________ Subdivision, in said City, the undersigned Grantors hereby grant to the said City of Gibraltar a covenant running with the land that said Lot ____________ of said subdivision may only be transferred by said Grantors, their heirs, successors and assigns, together with Lot ____________ of said subdivision so as to preserve a common ownership of both lots so long as the dock or boat well or other waterfront structure constructed pursuant to such building permit is maintained thereon."

(b)

Construction of marine railways is not permitted on any residential waterfront lot in the city.

(Code 1969, § 5.94; Code 1977, § 28-151; Ord. No. 95, 6-14-1976; Ord. No. 247, § 28-151, 9-14-1998)