(Okoboji)– The city of Okoboji has lost an appeal in its case against Okoboji Bars, Okoboji Boats and Butch Parks in Dickinson County District Court.
The issue stemmed from Parks’ applying for a liquor license for the former Okoboji Boats property. The city turned down his request, and the matter went to court, where a judge ruled in Parks’ favor. The city appealed.
In its appeal, the city contended the court erred in failing to apply the nonconforming use provisions of the city’s zoning ordinance. The city contended the court should have found that the continued operation of the marina under the special use permits remain a nonconforming use under the city’s zoning ordinance. Upon enactment of the city’s zoning ordinance in 1972, the two marinas became nonconforming uses. As a result, they were allowed to continue to operate without expansion or improvement until they no longer exist. The intent of the ordinance was that nonconforming uses would eventually be eliminated from the lakefront residential district. The marinas on the site had been operated ever since under special use permits.
The ruling states that since 1973 the city has allowed expansion of the marina business, and allowed the sale of beer for on-premises consumption in the past.
The ruling states that so long as the property is operated as a marina and related various business, the special use permits are controlling, and the nonconforming use provisions of the zoning ordinance are not applicable.
