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(1) Applicability. Boating facilities, as regulated in this section, shall include commercial or non-commercial moorage structures serving more than four single-family residences.

(2) Boating facilities shall be located where such development can comply with the requirement for no net loss of ecological functions, and where existing navigation rights and channels can be protected.

(3) Extended moorage on waters of the State without a lease or permission shall be prohibited, except as allowed by applicable State regulations and unless a lease or permission is obtained from the State and impacts to navigation and public access are mitigated.

(4) The responsibility to comply with all State agency policies and regulations, including all applicable health, safety, and welfare requirements associated with the primary use or accessory use, shall belong to the applicant.

(5) The applicant shall demonstrate that traffic generated by the boating facility shall be safely and conveniently handled by the streets serving the proposed facility.

(6) New boating facilities shall be designed to avoid, then minimize, potential aesthetic impacts. Where such impacts cannot be avoided they shall be mitigated, including the use of vegetation, screening, and placement, where applicable.

(7) Public access shall be required for all new boating facilities, unless the applicant demonstrates that such access is infeasible, subject to all requirements in CMC 16.05.240.

(8) Live-aboards and nighttime use of boats, including for sleeping, shall be prohibited.

(9) Boating facilities shall have provisions available for cleanup of accidental spills of contaminants.

(10) Use of internal combustion engines on Pipe Lake shall be prohibited, in accordance with Chapter 8.25 CMC. (Ord. 09-19 § 6 (Exh. C))