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Ordinance 047abRev. 1/11/82 r Rev. 2/17/82 CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47AB AN ORDINANCE AMENDING SECTION 4.02, 5, 6.04, 7.04 AND 14.04 OF THE CHANHASSEN ZONING ORDINANCE. THE CITY COUNCIL ORDAINS: Section 1. Purpose and Intent. The City of Chanhassen is authorized to enact regulations relating to the surface use of public waters and the adjoining shoreline, lying wholly or partially, within its legal boundaries. Said regulations may control the surface use of public waters and the conduct of other activities on public waters and adjoining shoreland. This ordinance is enacted for the purpose of exercising such authority so as to secure the public health, safety and welfare, the most general public use of the surface of public waters, the conservation of water resources and protection of the surrounding environment. The City Council's purpose for enacting this ordinance is to promote public health, safety, and general welfare, to promote safety and sanitation in the use of public waters,'to keep public waters open for general public use, to avoid pollution and uncontrolled and excessive use of public waters for docks, moorings and other structures, and to eliminate unsafe and excessive installations of docks, boat mooring areas and other fixed or floating structures on the lakes. While this ordinance does regulate both the establishment of new recreational beach lots and the further development of existing recreational beach lots, it is not the intent of this ordinance to limit or prohibit usages of recreational beach lots which are already existing at the time of the adoption of this ordinance. Rather, it is the intent of this ordinance to preserve the present quality of public waters by preventing uncontrolled and excessive use of the surface of public waters, the abutting shoreline, and thus securing the safety of the public in the use of public waters. Section 2. Section 4.02 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding the following definitions: Section 4.02. Definitions. "Boat Launch" means any portion of a body of public water along or landward of the natural shoreline deep enough u Rev. 1/11/82 2/17/82 for recreational water navigation or for the launching of watercraft, and so situated with respect to • shoreline feature as to provide (a) protection from winds, saves, ice and currents, or (b) the facile launching of watercraft. "Cross Bar" means that portion of any "L" shaped or "T" shaped seasonal dock or permanent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high water mark. "Dock" means seasonal dock or permanent dock. "Dock Set -Back Zone" means that portion of any body of water lying within one hundred (100) feet of the ordinary high water mark and which is bounded by (a) the extended side lot lines of any lakeshore site and (b) by a line inside of and running parallel to and ten (10) feet distant from the extended side lot lines of any lakeshore site, as measured at right angles to said extended side lot lines. "Homeowner Association" means any private corporation, private club, unincorporated association, or non-profit organization, which owns, leases or operates a recreational beach lot, for the purpose of providing access to public waters for its members, shareholders, owners and beneficiaries. 40 "Lakeshore Site" means any lot, parcel or other tract of land legally subdivided and recorded in the office of the County Recorder or Registrar of Titles and which abuts any body of public water. "Mooring Area means an area of concentrated watercraft mooring, except that mooring area does not mean permanent or seasonal dock. "Ordinary High Water Mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; the ordinary high water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestial. "Overnight" means any time between the hours of 2:00 A.M. and 5:00 A.M. of any day. " Permanent Dock" means any dock other than a seasonal dock as defined in this ordinance. -2- • Rev. 1/11/82 2/17/82 "Public Water"or"Public Waters" means any waters of the State of Minnesota which serve a beneficial public purpose, • as defined in Minnesota Statutes 1974, Section 105.37, Subdivisionl4, including but not limited to the following bodies of water: Rice Marsh Lake Lake Riley Lotus Lake Lake Lucy Lake Harrison Lake Minnewashta Lake St. Joe Lake Ann Lake Susan Rice Lake Silver Lake Christmas Lake Minnesota River "Recreational Beachlot" means any tract of land owned, leased, or operated by a homeowner association or by a residential housing developer, and which abuts on public waters, situated wholly or partly within the boundaries of the City of Chanhassen, and which affords the members, owners, or beneficiaries of said homeowner association or residential housing developer access to said public waters. "Residential Neighborhood Association" means homeowner association. "Seasonal Dock" means any dock designed and constructed so that it may be removed from a body of public water on a seasonal basis; all components such as supports, legs, decking;and footing must be capable of removal by non -mechanized means. Section 3. Section 6.04 of Ordinance 47, as adopted and amen ed heretofore, is hereby amended by adding a paragraph numbered 10 reading as follows: Section 6.04. Uses by Conditional Use Permit. 10. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -3- Rev. 1/11/82 2/17/82 b. No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain • vehicle, or snowmobile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. �J d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than overnight. e. No boat trailer shall be allowed upon any recrea- tional beach lot; boats, seaplanes or other water- craft may be launched from any recreational beach lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10). g. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. -4- Rev. 1/11/82 2/17/82 The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in • the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access Sto any recreational beach lot, shall be located within at least one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas Are clearly delineated with official U.S. Coast Guard marker buoys. Section 4. Section 7.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 9, reading as follows: Section 7.04. Uses by Conditional Use Permit. 9. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach • lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -5- Rev. 1/11/82 2/17/82 b. No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain vehicle, or s-owmobile, shall be driven upon or • parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposes of overnight storage or overnight - mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than ov rnight . r 1 U e. Ao boat trailer shall be allowed upon any recrea- tional beaciz lot; boats, seaplanes or other water- crafc may be launched from any recreational beach lot' if accomplished without the use of ally motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary -'high water mark, One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10). g. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. n �J Rev. 1/11/82 2/17/82 `1 -he width (but not the length) of the cross -bar of any "Z or "L" shaped dock shall be included in the computation of length described in the preceding • sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock seL-back -none, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least one thousand (1000) feet of said recreational beach loL. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buoys. Section 5. Section 14.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 2, reading as follows: Section 14.04. Conditional Uses. 2. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, • maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -7- Rev. 1/11/82 2/17/82 b. No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain vehicle, or:-rowmobile, shall be driven upon or • parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any •cime other than overnight. e. No boat Lrailer shall be allowed upon any recrea- L-ional ueac;z lot; boats, seaplanes or other water- crafL may be launched from any recreational beac;, IOL -'if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10). g. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of the followiny lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. 0 -8- Rev. 1/11/82 .... 2/17/82 The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding • sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least- one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buovs. Win 0 Rev. 1/11/82 2/17/82 Section 6. Section 5 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a Section 5.021, • reading as follows: Section 5.021. Recreational Beach Lot Map. The location of each recreational beach lot existing on the date of the adoption of this ordinance are as shown on that certain map entitled "Recreational Beach Lot Map" dated June , 1981 on file in the office of the City Clerk. Said Recreational Beach Lot Map and all notations, references, and data shown thereon are hereby incorporated by reference into this ordinance and shall have the same effect as if fully set forth and described hereon. It shall be the responsibility of the Zoning Administrator to maintain said recreational beach lot map, and the location of new recreational beach lots for which conditional use permits have been issued pursuant to this ordinance, shall be recorded on said map within thirty (30) days after issuance of any such conditional use permit. Section 7. Effect on Existing Recreational Beach Lots. Recreational Beach Lots established prior to the effective date of this ordinance which do not meet all of the minimum standards set forth in Sections 2, 3 4, and 5 above, shall be deemed to be nonconforming uses; provided, however, that the continuation provisions of Section 20.01 of Ordinance 47, as amended, shall not be deemed to apply to recreational beach lots established pzior to the effective date of this ordinance. Docks or buildings lawfully existing on any recreational beach lot at the time of the adoption of this ordinance which do not comply with the limitations set forth in this ordinance shall be deemed to be nonconforming uses. No such nonconforming dock or building shall be enlarged or altered, or increased, or occupy a greater area than that occupied by such dock or building on the effective date of this ordinance or any amendment thereto. A nonconforming dock or building shall not be moved to any other part of the lakeshore site upon which the same is erected, unless it is relocated in such a manner as to conform to the dock set -back zone requirements of this ordinance. Any nonconforming dock or building which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if said restoration is completed within one year of its partial or total -10- 0 Rev. 1/11/82 destruction. Maintenance and necessary structural repairs of a nonconforming dock or building are permitted provided that • any such maintenance or repairs do not extend, enlarge, or intensify such dock or building. • Section 8. Effective Date. This ordinance shall become effective from ani—alter the -passage and publication. Passed and adopted by the Council on this 18th day of January 1982 M Attest: City Clerk Manager Public hearings held on May 27; June 17; July 22 19 81 Published in Carver County Herald on Marcri 17 , 19 82 -11- • Recreational Beach Lot Map (See Section 5.021) To Be Supplied By Staff Depicting Location of Existing Recreational Beach Lots E is -12- �i .< f � f t I RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. 5KAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST .MINNEAPOLIS, MINNESOTA 55402 February 26, 1982 Scott A. Martin Community Development Director Box 145 Chanhassen MN 55317 TELEPHONE (612) 333-1511 Re: Ordinance!4AB Dear Scott: ���/------0% -eJ �� On January 18, 1982, the City Council gave approval to the each Lot Ordinance (Ordinance 47 -AB). While the minutes of that meeting are not yet available, I have prepared the final text of the ordinance in accordance with the notes which t took at that meeting. The following changes have been made in the text of the ordinance: Section 6.04 - The prohibition against the mooring or docking Subd 10(d) of seaplanes has been eliminated. Seaplanes are now subject to the same docking and mooring restrictions as all other watercraft. Section 6.04 - The language has been changed to provide that Subd 10(e) seaplanes are subject to the same launching requirements as other watercraft. Section 6.04 - The words "recreational beach lot" have been Subd 10(g) inserted before the word "dock" in the first sentence for the purpose of clarifying the text. Additionally, the computation of maximum permissible length has been revised so as to take into account the width of a cross -bar but not the length of a cross -bar. Corresponding changes have been made in Section 7.04 and 14.04 of the text. If you find Ordinance 47AB to be in order, you should submit it to the Mayor for signature as I believe the Council's action of January 18, 1982, was the final approval of the ordinance. CITY ric C!,r,i HASSEN --Inn �1. 11.\ is IJV CMM:ner enc COMMUU;;T`f G'.: ct�'�i;::: !T DEPT. Very truly yours, CRAIG MERTZ Assistant Chanhassen City Attorney