§ 168-21. Live-aboard vessels.

A. 

Except as hereinafter provided, no person shall live aboard any vessel or any floating or fixed structure over the water, nor shall any person or Marina owner or operator permit any vessel to be used as living quarters when moored or docked within the waters of the City of New Rochelle.

B. 

During the period April 1 to November 30, a vessel may be occupied as living quarters, provided that:

(1) 

The vessel is of a type typically used for recreational boating and is suitable for general navigation on Long Island Sound under its own propulsion and is capable of leaving its slip or mooring and proceeding to the mid-Sound ship channel unassisted, at any time.

(2) 

The vessel shall be moored or docked in a marina that has access to the Sound for that vessel at all normal tidal levels the year round, excluding periods of hazardous conditions.

(3) 

The vessel is equipped with a marine toilet in operating condition, approved by the United States Coast Guard.

C. 

During the period from December 1 to March 31, a vessel may be occupied as living quarters, provided that:

(1) 

The vessel is of a type typically used for recreational boating and is suitable for general navigation on Long Island Sound under its own propulsion and is capable of leaving its slip or mooring and proceeding to the mid-Sound ship channel unassisted, at any time.

(2) 

The vessel shall be moored or docked in a marina that has access to Long Island Sound for that boat at all normal tidal levels the year round, excluding periods of hazardous boating conditions.

(3) 

The vessel is equipped with a marine sanitation device in operating condition, approved by the United States Coast Guard.

(4) 

Such occupancy does not cause the number of vessels occupied as living quarters in any marina to exceed the percentage specified in Subsection F below.

(5) 

A permit for such occupancy is issued for such vessel by the Harbormaster.

D. 

Permits for the occupancy of vessels as living quarters during the period from December 1 to March 31 will be issued upon forms supplied by the Harbormaster stating compliance with Subsection C(1), (2), (3) and (4) above and payment of a fee as set forth in Chapter 133, Fees. Permits will be continued on an annual basis by payment of a renewal fee as set forth in Chapter 133, Fees, by December 1 of each year.

E. 

Permits issued pursuant to Subsection D may not be revoked by the Harbormaster except for noncompliance with any provisions of this chapter after service of written notice of not less than 15 days upon the permit holder, specifying the items of noncompliance and a date, place and time for hearing before the Commissioner of Parks and Recreation or a representative thereof on the issue, following a finding by the Harbormaster of noncompliance with all or any of the provisions of this chapter.

[Amended 3-16-2004 by Ord. No. 59-2004]

F. 

During the period from December 1 to March 31, no marina owner or operator shall permit more than 20% of the slips over 20 feet in the marina to be occupied by vessels used as living quarters, except that one such vessel shall be permitted in any marina having fewer than five slips over 20 feet.

G. 

Marinas not in compliance with Subsection F and vessels not in compliance with Subsection C on the effective date of this section may continue as existing nonconforming uses, provided that such vessels are in compliance with Subsection C(3) and a permit therefor is issued pursuant to Subsection H.

H. 

Permits for the occupancy of vessels as existing nonconforming uses permitted by Subsection G shall be applied for and issued upon application to the Harbormaster upon forms supplied by said Bureau, showing the occupancy thereof prior to the effective date of this section and compliance with Subsection C(3) and payment of a fee as set forth in Chapter 133, Fees. Permit will be continued on an annual basis by payment of a renewal fee as set forth in Chapter 133, Fees, by December 1 of each year.

I. 

Permits issued pursuant to Subsection H may be revoked by the Harbormaster for noncompliance with the provisions of Subsection C(3) or for erroneous statement of vessel occupancy prior to the effective date of this section after service of written notice of not less than 15 days upon the permit holder, specifying the items of noncompliance and a date, place and time for hearing before the Commissioner of Parks and Recreation or designated representative thereof on the issue, following a finding of noncompliance with this section.

[Amended 3-16-2004 by Ord. No. 59-2004]

J. 

Permits issued under the provisions of Subsection H shall not be assignable and shall expire and become void when the permit holder fails to pay the annual renewal fee.