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Ordinance 163CITY OF CHANHASSEN . CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 163 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING NON -CONFORMING BEACHLOTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code is amended by adding Section 20-79 to read: Sec. 20-79. Non -Conforming Recreational Beachlots. (a) Intent. The intent of this section is to prevent the expansion of non -conforming recreational beachlots by estab- lishing a baseline documenting the allowed use of each legal non -conforming recreational beachlot. (b) Within one year after the adoption of this ordinance all non -conforming recreational beachlots must receive a non- conforming use permit or the use must cease and desist. The permit shall be issued following receipt of satisfactory proof concerning the nature and extent of the legal non -conforming use as it existed on or before January 18, 1982. The permit shall describe the nature and extent of the allowed use. The use may not be expanded or intensified over what is described in the permit. (c) Applications for a non -conforming use permit shall be filed with the Zoning Administrator on prescribed forms. The Zoning Administrator shall set a time and place for a hearing before the Planning Commission. At the hearing the Commission shall hear such persons as wish to be heard. Notice of the hearing date shall be mailed not less than ten (10) days before the date of the hearing to all owners of property on the lake where the beachlot is located. Published notice shall also be made once at least ten (10) days before the hearing. Failure to give notice, however, shall not invalidate the proceedings. At the close of the hearing the Planning Commission shall make a recommendation to the City Council. Upon consider- ation of the Planning Commission recommendation the City Council, shall then make the final decision and the non -conforming beachlot permit, establishing the nature and extent of the use shall then be issued. Section 2. Violation. The violation of any provision of this ordinance shall be a misdemeanor punishable to the maximum r03/13/92 ('82 Baseline) AOW extent authorized in Minnesota Statutes Section 412.231. Each day any violation continues is a separate offense. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 24th day of February , 1992. ATTEST: �a Don Ashworth, Clerk/Manager Donald J. miel, Mayor (Published in the Chanhassen villager on March 5 , 1992.) • 0