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Ordinance 0736-20-81 7-9-81 2-17-82 2-8-83 7-20-83 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WATER SURFACE USAGE ORDINANCE ORDINANCE NO. 73 AN ORDINANCE RELATING TO THE USE'OF SURFACE WATERS AND ADJOINING SHORELINE IN THE CITY OF CHANHASSEN WITHIN ITS LEGAL BOUNDARIES. THE CITY COUNCIL ORDAINS: Section 1. Statement of Policy. The uncontrolled use of shorelands adversely affects the public health, safety and general welfare by contributing to pollution of public waters and inpairing the local tax base. In accordance with the authority granted in the Laws of Minnesota 1973, Chapter 379, and in accor- dance with the policies declared in Minnesota Statutes, Chapters 105, 115, 116 and 462, this ordinance is enacted to provide minimum standards for the use and development of the shoreland of public waters located in the City of Chanhassen in order to preserve natural environment values of shorelands and to provide for the wise utilization of land resources of this City, including the avoidance of uncontrolled and excessive use of public waters by watercraft and for docks, moorings and other structures, and the elimination of unsafe or unnecessary installations of docks, boat mooring areas and other fixed or floating structures in public waters. Section 2. Definitions. For the purpose of this ordinance, the terms defined in this section shall have the following meanings: 2.01. "Commissioner" means the Commissioner of Natural Resources of Minnesota acting directly or through his authorized agents. 2.02. "Council" means the City Council of the City of Chanhassen. 2.03. "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 ordi- nary high water mark. 2.04. "Diving Tower" means a floating or a non -floating structure designed for diving purposes and which projects over the surface or surrounding waters by more than five (5) feet. • 2.05. "Dock" means any wharf, pier or other structure constructed or maintained, whether floating or not, including all "L's", "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. 2.06. "Dock Set -Back Zone" means that portion of any lake 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. 2.07. "Homeowner Association" means any private cor- poration, private club, unincorporated association or non-profit organization, which owns, leases or operates a recreational beach lot, as that term is defined in the Chanhassen Zoning Ordinance, for the purpose of providing access to any lake for its members, shareholders, owners and beneficiaries. 2.08. "Lake" means any body of water lying wholly within the corporate limits of the City of Chanhassen and all parts, bays and channels thereof. 2.09. "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 lake. 2.10. "License" means the authentic state document used to designate the numbers assigned a watercraft and to renew the same. • 2.11. "Mooring" means any buoy, post, boat lift, struc- ture or device at which a watercraft may be moored which is surrounded by public waters. 2.12. "Motorboat" means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors. 2.13. Reserved. 2.14. "Operate" means to navigate or otherwise use a watercraft. 2.15. Reserved. 2.16. "Ordinary High Water Mark" means a mark delineating the highest water level which has been maintained for a suf- ficient 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. 2.17. "Overnight" means any time between the hours of 2:00 a.m. and 5:00 a.m. of any day. 2.18. "Owner" in the case of a watercraft means a person, other than a lien holder, having the property in or title to a -2- is watercraft; the term includes a person entitled to the use or possesion of such craft, subject to an interest in another per- son, reserved or created by agreement and securing payment or performance of any obligation. "Owner" in the case of a lakeshore site means any natural person who is either (a) the record owner of a fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of a possessory leasehold interest, in the whole of any lakeshore site, including authorized guests, and immediate family members of such person. 2.19. "Permanent Dock" means any dock other than a seasonal dock as defined in this ordinance. 2.20. "Person" means any individual, individuals, part- nership, association, corporation or other entity. 2.21. "Seasonal Dock" means any dock designed and constructed so that it may be removed from a lake on a seasonal basis; all components such as supports, legs, decking and footing must be capable of removal by non -mechanized agents. 2.22. "Sheriff" means the Sheriff of Carver County, acting directly or through his authorized agents. 2.23. "Slow -No Wake" means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than 5 m.p.h. 2.24. "Swimming Raft" means a small floating structure designed exclusively for swimming and sunbathing. 2.25. "Swimming Area" means an area immediately adjacent to the shoreline which is marked in accordance with the appli- cable regulations of the Minnesota Department of Natural Resources and which is utilized solely for recreational swimming. 2.26. "Underway or in Use" means any watercraft in opera- tion or use when not securely fastened to a dock or other per- manent mooring or at anchor. 2.27. "Watercraft" means any contrivance used or designed for navigation on water other than (a) a duck boat during the duck hunting season, (b) a rice boat during the harvest season, or (c) a seaplane. 2.28. "Water Obstacle" means any ski jump, slalom course, diving tower or other structure upon the water of any lake; pro- vided, however, that this term does not include any dock or swimming raft or watercraft. -3- Section 3. Structure Regulations. 3.01. No dock, mooring or other structure shall be so located as to: (a) obstruct the navigation of any lake, (b) obstruct reasonable use or access to any other dock, mooring or other structure authorized under this ordinance, (c) present a potential safety hazard, or (d) be detrimental to significant fish and wildlife habitat or protected vegetation. 3.02. No dock shall exceed six (6) feet in width and no 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. 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. No more than one dock shall be permitted on any lakeshore site. 3.03. No person shall store fuel upon any dock. 3.04. Except for privately -owned commercial resorts or • commercial boat landings established prior to the adoption of this ordinance, no person shall moor overnight, dock overnight, or store overnight more than five (5) watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. 3.05. No watercraft shall be moored, docked or stored overnight on any lakeshore site or on the waters of any lake unless said watercraft is either: (a) currently registered, pur- suant to Chapter 361 of Minnesota Statutes, in the name of the owner of a lakeshore site on said lake or in the name of a member of said owner's household; provided however, that authorized guests of the owner shall be permitted to moor, dock, or store not more than one watercraft overnight, or (b) currently registered as a guest boat at any privately -owned commercial resort or commercial boat landing located on said lake. 3.06. All swimming rafts shall meet the following minimum standards: (a) size shall not exceed one hundred forty-four (144) square feet; (b) swimming rafts shall project over the water surface not less than one (1) foot and not more than five (5) feet, measured vertically, above the surface of the lake; (c) swimming rafts shall not be located in areas with a depth of less than seven (7) feet; (d) swimming rafts shall be reflectorized as provided in Section 3.09 of this ordinance; distance from the . ordinary high water mark shall not exceed one hundred (100) feet. -4- 3.07. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workmanlike manner. 3.08. No oscillating, rotating, flashing or moving sign or light may be used on any dock. 3.09. Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all direc- tions, or have attached thereto sufficient reflectorized material so as to reflect light in all directions, said material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. 3.10. No advertising signs shall be displayed from any dock. 3.11. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any such fueling facilities which were in active use prior to the effec- tive date of this ordinance shall be deemed to be non -conforming uses. No such non -conforming fueling facility shall be enlarged or altered or increased or occupy a greater area than that • occupied on the effective date of this ordinance. Any non- conforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a non -conforming fueling facility are permiited provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. 3.12. All seasonal docks, moorings and other structures shall be removed from the lake before November 1 of each year. 3.13. Section 3.01 through 3.12 of this ordinance shall not apply to any lakeshore property owned or leased by the City of Chanhassen. Section 4. Public Access Development. The development of all public boat accesses in the City of Chanhassen shall be consistent with the guidelines for access features adopted by the Minnesota Department of Natural Resources. Section 5. Watercraft Operating Regulations. 5.01. State Law Incorporated. The provisions of • Minnesota Statutes, Chapter 361, and the rules and regulations of the Minnesota Department of Natural Resources promulgated thereunder are hereby incorporated herein and made a part of this ordinance. -5- • • 5.02. Towing of Airborne Vehicles Prohibited. No person shall tow any airborne vehicle with a watercraft. 5.03. Operation in Swimming Areas Prohibited. No person shall operate a watercraft within an area which has been marked off or set aside as a swimming area as defined in Section 2 of this ordinance. 5.04. Operation in Scuba Diving Area. No person shall operate a watercraft within one hundred fifty (150) feet of a scuba diver's warning flag. 5.05. Operation Near Shoreline. Operation of motorized watercraft within one hundred (100) feet of any shoreline shall be limited to (a) emerging straight out from and straight towards the shoreline, or (b) slow -no wake operation. 5.06. Slow -No Wake Areas. No person shall operate a watercraft in any marked slow -no wake areas in excess of slow -no wakespeed. Slow -no wake areas shall be marked in accordance with the applicable regulations of the Minnesota Department of Natural Resources. The location and boundaries of each slow -no wake area established by this ordinance are shown on that certain map entitled "Water Surface Use Zoning Map of Chanhassen" dated July 11, 1983 , on file in the office of the City Clerk. Said map and all notations, references and data thereon are hereby incorporated by reference into this ordinance and shall have the same force and effect as if fully set forth and described herein. 5.07. Speed. No person shall operate a watercraft at a speed which exceeds the following limitations: Lake All lakes in marked "Slow - No Wake" areas. Lake Ann Sunrise to sunset Sunset to sunrise the following day Lake St. Joe Sunrise to sunset Sunset to sunrise the following day Lotus Lake Sunrise to sunset Sunset to sunrise the following day Maximum Permissible Speed Slow - No Wake 15 miles per hour 15 miles per hour 15 miles per hour 15 miles per hour 40 miles per hour 15 miles per hour Lake • Lake Lucy Sunrise to sunset Sunset to sunrise the following day Lake Minnewashta Sunrise to sunset Sunset to sunrise the following day Lake Susan Sunrise to sunset Sunset to sunrise the following day Maximum Permissible Speed 40 miles per hour 15 miles per hour 40 miles per hour 15 miles per hour 40 miles per hour 15 miles per hour 5.08. Limitation of Type of Watercraft Motor. The opera- tion of motorboats, which are propelled by an internal combustion engine, are prohibited upon Lake Ann; the operation of motor- boats, which are propelled by electric motors, are permitted upon Lake Ann. 5.09. Direction of Travel. The operation of motorized watercraft at speeds in excess of 15 miles per hour in other than a counter -clockwise pattern of travel is prohibited upon the following lakes: • Lotus Lake 5.10. Observer Required for Water Skiers. No person shall operate a watercraft on any lake, towing a person on waterskis, aquaplane, surfboard, saucer, or similar device, unless there is in such watercraft another person in addition to the operator in a position to continually observe the person being towed. The operator of such watercraft must watch where the watercraft is being driven at all times. The second person on board shall act as observer of the person or persons being towed. 5.11. Tow Ropes. No person shall be towed on waterskis, aquaplane, surfboard, saucer, or similar device, by a cable or other towing device longer than 85 feet. 5.12. Personal Floatation Devices. No person shall be towed, or shall operate a watercraft towing a person on any such device unless the person being towed is wearing a U.S. Coast Guard approved personal floation device. Section 6. Permits Required for Water Obstacles. 6.01. No person shall operate or maintain any water obstacle, including but not limited to, any ski jump, slalom . course, diving tower or other structure upon the waters of any lake, unless a permit shall have been first obtained for the same. No permit, however, shall be required for any dock or -7- swimming raft erected or maintained in compliance with the other provisions of this ordinance. • 6.02. Applications for permits shall be made upon forms provided by the City and shall include the following information: (a) the name, address and telephone number of the applicant, (b) the type, number and proposed location of the water obstacle for which the permit is sought, (c) the period of time for which the permit is sought, (d) a statement as to how the water obstacle will be reflectorized, (e) if an organization is seeking the per- mit, a statement as to the nature of the organization, (f) if the permit is sought for a particular event, the nature of the event, (g) such other information as the City may require to assist it in considering the application for the permit, (h) a statement by the applicant that he assumes responsibility for the presence and removal for the water obstacle from the lake, and (i) a statement by the applicant that he will obtain and maintain during the effective period of the requested permit a policy of comprehensive general public liability insurance, including insurance against injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000 for public liability and endorsed to show the City of Chanhassen as an additional insured. Upon filing of the applica- tion for such permit, the applicant shall pay to the City Treasurer an application fee of twenty five dollars ($25.00), which shall not be refundable. • 6.03. The permit required by this Section 6 shall be issued by the City Manager upon approval by the City Council by a three-fifths (3/5) majority vote and upon filing with the City Manager policies evidencing the insurance described in Section 6.02 of this ordinance, or a certificate or binder of the insurer stating that such insurance is in force and in effect. Such policies of insurance, such certificates and such binders shall be in a form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State of Minnesota. In reviewing an application for a permit pursuant to Section 6 of this ordinance, the City Council shall consider the following factors: (a) the size, configuration and manner of construction of the proposed water obstacle(s); (b) the level of competing watercraft traffic which can be reasonably expected during the requested duration of the requested permit; (c) the size and configuration and depth of the body of water for which the permit is requested; (d) the number of competing water obstacles which will be in place pursuant to permits already then issued; and (e) any other factors reasonably related to the effect of the applicant's proposed use on the maintenance of public health and safety upon the City's lakes. 6.04. If a permit is granted, the permit shall specify the dates or the period of time for which it is granted. The • granting of permits may be subject to such conditions as the City Council deems necessary to protect the safety of users of the lake. Any violation of the terms and conditions of any such per- mit is a violation of this ordinance. No permit shall be issued for a period in excess of one (1) year, provided, however, that no permit for any slalom course shall be issued for a period in excess of seventy two (72) hours. 6.05. If any water obstacle is located in any lake pur- suant to a permit and is thereafter found to be a hazard or obstruction to the safe use of the lake by others, such permit may be revoked. Notice of revocation shall be given to the applicant by the City orally or in writing. If the applicant cannot be found, it shall be sufficient notice of revocation if written notice thereof is delivered to the address of the appli- cant as set forth in the application. Upon notice of revocation, the applicant shall remove the water obstacle within a seven (7) day period which shall be specified in the notice of revocation. If the applicant does not remove the water obstacle, it may be removed by the City at the expense of the owner. The failure of the applicant to remove the water obstacle upon receipt of the notice of revocation of the permit and in accordance with such notice is a violation of this ordinance. In the case of an emergency presenting an immediate hazard to the public safety, as determined by the City Manager, the notice period to the appli- cant shall be waived in its entirety and the applicant shall reimburse the City for any expense incurred by the City in remedying the condition creating the emergency. • Section 7. Swimming Regulations. No swimming shall be permitted in any lake in waters more than one hundred (100) feet distant from the lake shoreline, unless (a) within twenty five (25) feet of a watercraft which has an observer and Coast Guard approved buoyant devices on board to assist the swimmer, if necessary, or (b) within swimming areas as defined in Section 2.25 of this ordinance. Section 8. Non-Conforminq Docks. Permanent docks existing at the time of the adoption of this ordinance and which do not comply with the structure limitations set forth in Section 3 of this ordinance shall be deemed to be non -conforming uses. Seasonal docks utilized by privately -owned commercial resorts or commercial boat landings prior to the adop- tion of this ordinance and which do not comply with the structure limitations set forth in Section 3 of this ordinance shall also be deemed to be non -conforming uses. No such non -conforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on the effective date of this ordinance or any amendment thereto. A non -conforming dock 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 ordi- nance. Any non -conforming dock which is partially or totally destroyed by any cause may be restored to its former use and phy- sical dimensions, if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a non -conforming dock are per- mitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. • Section 9. Variances. 9.01. Hardship. The City Council may grant a variance from the dock requirements of the Structure Regulations in Section 3 of this ordinance where it is shown that by reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with said dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this ordinance. 9.02. Procedure. Written application for a variance, together with a non-refundable application fee of ten dollars ($10.00) shall be filed with the City Manager, and shall stae fully all facts relied upon by the applicant. The application shall be supplemented with maps, soil studies and engineering data which may aid in the analysis of the matter. The applicant shall furnish the City Manager with the names and mailing addresses of the owners of all land within three hundred (300) feet of the lakeshore site to which the variance application applies. The application may be referred to such outside con- sultants, engineers or attorneys as the City Manager deems necessary to study the application and make recommendation to the • City Council and the cost of any such referral shall be borne by the applicant. Upon filing of an application for a variance hereunder, the City Manager shall set a time and place for a hearing before the City Council on such application. Notice of such hearing shall be mailed not less than ten (10) days before the date of the hearing to each owner of property situated wholly or partially within three hundred (300) feet of the lakeshore site to which the variance application applies, utilizing the mailing list provided by the applicant and such other records as may be available to the City Manager. Failure to give mailed notice to individual pro- perty owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. 9.03. Council Action. No variance shall be granted by the City Council unless it shall have received the affirmative vote of at least four-fifths (4/5) of the full Council. Section 10. Titles of Sections. Any titles of the several parts, sections or subsections of this ordinance are inserted for convenience or reference only and shall be disregarded in construing or interpreting any of its provisions. -10- Section 11. Violations of this Ordinance. • Any person violating the provisions of this ordinance or per- mitting the violation of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars ($500.00) or imprisonment of not to exceed ninety (90) days, or both. Section 12. Enforcement. The Carver County Sheriff's Department shall be authorized and entitled to enforce the provisions of this ordinance. Section 13. Exemption for Law Enforcement Personnel. Watercraft utilized by resource management, emergency and enforcement personnel, when acting in the performance of their assigned duties, shall be exempt from the provisions of this ordinance. Section 14. Temporary Event Permits. Temporary exemption from this ordinance may be obtained through a permit issued by the City Council for special events, trials and races. Such temporary permits shall be in addition to, rather than in lieu of, any permit required under Section 6 of this ordinance. • Section 15. Effective Date. This ordinance shall take effect and be in force after its passage and publication according to law. Section 16. Severability. If any section, subsection, clause or phrase of this ordi- nance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. Passed by the City Council this 11th day of July lg_ layor ATTEST: A2 40 City Clerk/Manager Published in the Carver County Herald on September 7 , 1983. -11- 0 C> a. CITY OF CHANHASSEN MINNESOTA WA'2:-R SURFAC.: Uai:; MAP CITY COUricIL APPROVi:D July 11, 1983 LEGEND -f SLOW - NO WAKE AREA 100 rEET WIDL MEASURED;.,;.. - FROM SHORELINE i � !Y r ,J� i Affidavit of Publication State of Minnesota ) )SS. County of Carver ) Stan R o if s rud , being duly sworn, on oath says that he is and during all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat- ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver Count in which lies the Cit of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed L e ga 1 15 A hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1- successive weeks; that it was first so published on We d the day k -e p49 -and was thereafter printed and published on every to and including the day of ,19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the cos 19v Subscribed and sworn to before me t] day of , CYNTHIA A. NOLO ,.•;EN ,'; til I N N E S p TA • �•� NOTARY Flr �.IC COUNTY N AFIV ♦ .t�a (. Seal)C on C es Oct 28. 1Q8F �..: My Ccrmm,�` x 4qWL Notary public,, t ,,,SIN My Commission Expires 19 RECEIVED SEP - 9 1983 CITY OF CHANHASSEN (158 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WATER SURFACE USAGE ORDINANCE ORDINANCE NO. 73 AN ORDINANCE RELATING TO THE USE OF SURFACE WATERS AND ADJOINING SHORELINE IN THE CITY OF CHANHASSEN WITHIN ITS LEGAL BOUNDARIES. THE CITY COUNCIL ORDAINS: Section 1. Statement of Policy. The uncontrolled use of shorelands adversely affects the public health, safety and general welfare by contributing to pollu- tion of public waters and inpairing the local tax base. In accordance with the authority granted in the Laws, of Minnesota 1973, Chapter 379, and in accor- dance with the policies declared in Minnesota Statutes, Chapters 105, 115, 116 and 462, this or- dinance is enacted to provide minimum standards for the use and development of the shoreland of public waters located in the City of Chanhassen in order to preserve natural environment values of shorelands and to provide for the wise utilization of land resources of this City, including the avoidance of uncontrolled and excessive use of public waters by watercraft and for docks, moorings and other struc- tures, and the elimination of unsafe or unnecessary installations of docks, boat mooring areas and other fixed or floating structures in public waters. Section 2. Definitions. For the purpose of this or- dinance, the terms defined in this section shall have the following meanings: 2.01. "Commissioner" means the Commissioner of Natural Resources of Minnesota acting directly or through his authorized agents. 2.02. "Council" means the City Council of the City of Chanhassen. 2.03. "Cross Bar" means that portion of any "L" shaped or "T" shaped seasonal dock or permanenF dock which is approximately parallel in alignment to the abutting shoreline of abutting ordinary hig) water mark. 2.04. "Diving Tower" means a floating or a nor - floating structure designed for diving purposes and which projects over the surface or surrounfng waters by more than five (5) feet. 2.05. "Docl: ', ; ;rz .S any wharf, nr k or other struc- ture ron'structed or l,, a4nta .ne i, whether floating or not, including all "Us", t's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. 2.06. "Dock Set -Back Zone" means that portion of any lake lying within one hundred (100) feet of the or- dinary 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. 2.07. "Homeowner Association" means any private corporation, private club, unincorporated association or non-profit organization, which owns, leases or operates a recreational beach lot, as that term is defined in the Chanhassen Zoning Ordinance, for the purpose of providing access to any lake for its members, shareholders, owners and beneficiaries. 2.08. "Lake" means any body of water lying wholly within the corporate limits of the City of Chanhassen and all parts, bays and channels thereof. 2.09. "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 lake. 2.10. "License" means the authenticstate docu- ment used to designate the numbers assigned a watercraft and to renew the same. 2.11. "Mooring" means any buoy, post, boat lift, structure or device at which a watercraft may be moored which is surrounded by public waters. 2.12. "Motorboat" means any watercraft propelled in any respect by machinery, including watercraft emporarily equipped with detachable motors. 2.13. Reserved. 2.14. "Operate" means to navigate or otherwise use a watercraft. 2.15. Reserved. 2.16. "Ordinary High Water Sark" 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 predominatly aquatic to predominantly terrestial. 2.17. "Overnight" means any time between the hours of 2:00 a.m. and 5:00 a.m. of any day. 2.18. "Owner" in the case of a watercraft means a person, other than a lien holder, having the property in or title to a watercraft; the term includes a person entitled to the use or possession of such craft, subject to an interest in another person, reserved or created by agreement and securing payment or performance of any obligation. "Owner" in the case of a lakeshore site means any natural person who is either (a) the record owner of a fee simple interest, or (b) the record owner of a contract for deed vendee's in- terest, or (c) the holder of a possessory leasehold in- terest, in the whole of any lakeshore site, including authorized guests, and immediate family members of such person. 2.19. "Permanent Dock" means any dock other than a seasonal dock as defined in this ordinance. 2.20. "Person" means any individual, individuals, partnership, association, corporation or other entity. 2.21 "Seasonal Dock" means any dock designed and constructed so that it may be removed from lake on a seasonal basis; all components such as sup- ports, legs, decking and footing must be capable of removal by non -mechanized agents. 2.22. "Sheriff" means the Sheriff of Carver County, acting directly or through his authorized agents. 2.23. "Slow -No Wake" means operation of a water- craft at the slowest possible speed necessary to maintain steerage and in no case greater than 5 m.p.h. 2.24. "Swimming Raft" means a small floating structure designed exclusively for swimming and sunbathing. 2.25. "Swimming Area" means' an area un - mediately adjacent to the shoreline which is marked in accordance with the applicable regulations of the Minnesota Department of Natural Resources and which is utilized solely for recreational swimming. 2.26. "Underway or in Use" means any watercraft in operation or use when not securely fastened to a dock or other permanent mooring or at anchor. 2.27. "Watercraft" means any contrivance used or designed for navigation on water other than (a) a duck boat during the duck hunting season, (b) a rice boat during the harvest season, or (c) a seaplane. 2.28. "Water Obstacle" means any ski jump, slalom course, diving tower or other structure upon the water of any lake; provided, however, that this term does not include any dock or swimming raft or It. Carver County Herald — Wednesday, September 7, 1983 — Page 9 (a) currently registered, pursuant to Chapter 361 of Minnesota Statutes, in the name of the owner of a lakeshore site on said lake or in the name of a member of said owner's household; provided however, that authorized guests of the owner shall be permitted to moor, dock, or store not more than one watercraft overnight, or (b) currently registered as a guest boat at any pridatelyowned commercial resort or commercial boat landing located on said lake. 3.06. All swimming rafts shall meet the following minimum standards: (a) size shall not exceed one hundred forty-four (144) square feet; (b) swimming rafts shall project over the water surface not less than one (1) foot and not more than five (5) feet, measured vertically, above the surface of the lake; (c) swimming rafts shall not be located in areas with a depth of less than seven (7) feet; (d) swimming rafts shall be reflectorized as provided in Section 3.09 of this ordinance; distance from the ordinary high water mark shall not exceed one hundred (100) feet. 3.07. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workmanlike manner. 3.08. No oscillating, rotating, flashing or moving sign or light may be used on any dock. 3.09. Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto sufficient reflectorized material so as to reflect light in all directions, said material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. 3.10. No advertising signs shall be displayed from env dock. 3.11. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any such fueling facilities which were in active use prior to the effective date of this ordinance shall be deemed to be nonconforming uses. No such non- conforming fueling facility shall be enlarged or altered or increased or occupy a greater area than that occupied on the effective date of this ordinance. Any non -conforming fueling facility which is partial- ly or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a non -conforming fueling facili- ty are permitted provided that any such maintenance or repairs do not extend, enlarge or in- tensify such fueling facility. 3.12. All seasonal docks, moorings and other struc- tures shall be removed from the lake before November 1 of each year. 3.13. Section 3.01 through 3.12 of this ordinance shall not apply to any lakeshore property owned or leased by the City of Chanhassen. Section 4. Public Access Development. The development of all public boat accesses in the City of Chanhassen shall be consistent with the guidelines for access features adopted by the Min- nesota Department of Natural Resources. Section 5. Watercraft Operating Regulations. 5.01. State Law Incorporated. The provisions of Minnesota Statutes, Chapter 361, and the rules and regulations of the Minnesota Department of Natural Resources promulgated thereunder are hereby in- corporated herein and made a part of this ordinance. 5.02. Towing of Airborne Vehicles Prohibited. No person shall tow any airborne vehicle with a water- craft. 5.03. Operation in Swimming Areas Prohibited. No person shall operate a watercraft within an area which has been marked off or set aside as a swim- ming area as defined in Section 2 of this ordinance. 5.02. Operation in Scuba Diving Area. No person shall operate a watercraft within one hundred fifty (150) feet of a scruba diver's warning flag. 5.05. Operation Near Shoreline. Operation of motorized watercraft within one hundred (100) feet of any shoreline shall be limited to (a) emerging straight out from and straight towards the shoreline, or (b) slow -no wake operation. 5.06. Slow -No Wake Areas, No person shall operate a watercraft in any marked slow -no wake areas in excess of slow -no wakespeed. Slow -no wake areas shall be marked in accordance with the applicable regulations of the Minnesota Department of Natural Resources. The location and boundaries of each slow -no wake area established by this ordinance are shown on that certain map entitled "Water Surface Use Zoning Map of Chanhassen" dated July 11, 1983, on file in the office of the City Clerk. Said map and all notations, references and data thereon are hereby in- corporated by reference into this ordinance and shall have the same force and effect as if fully set forth and described herein. 5.07. Speed. No person shall operate a watercraft at a speed which exceeds the following limitations: Lake Maximum Permissible Speed All lakes in marked "Slow -No Wake" areas. Slow - No Wake Lake Ann Sunrise to sunset 15 miles per hour Sunset to sunrise the following day 15 miles per hour Lake St. Joe Sunrise to sunset 15 miles per hour Sunset to sunrise the following day 15 miles per hour Lotus Lake Sunrise to sunset 40 miles per hour Sunset to sunrise the following day 15 miles per hour Lake Lucy Sunrise to sunset 40 miles per hour Sunset to sunrise the following day 15 miles per hour Lake Minnewashta Sunrise to sunset 40 miles per hour Sunset to sunrise the following day 15 miles per hour Lake Susan Sunrise to sunset 40 miles per hour Sunset to sunrise the following day 15 miles per hour 5.08. Limitation of Type of Watercraft Motor. The operation of motorboats, which are propelled by an internal combustion engine, are prohibited upon lake Ann; the operation of motorboats, which are propell- ed by electric motors, are permitted upon We Ann. 5.09. Direction of Travel. The operation of motoriz- ed watercraft at speeds, in excess of 15 miles per hour in other than a counterclockwise pattern of travel is prohibited upon the following lakes: Lotus Lake 5.10. Observer Required for Water Skiers. No per- son shall operate a watercraft on any lake, towing a person on waterskis, aquaplane, surfboard, saucer, or similar device, unless there is in such watercraft another person in addition to the operator in a posi- tion to continually observe the person being towed. The operator of such watercraft must watch where the watercraft is being driven at all times. The se- cond person on board shall act as observer of the per- son or persons being towed. 5.11. Tow Ropes. No person shall be towed on waterskis, aquaplane, surfboard, saucer, or similar device, by a cable or other towing device longer than 85 feet. c 19 Pormn.l Flntntinn rk—i— Nn n.—n chall ty Treasurer an application fee of twenty five dollars ($25.00), which shall not be refundable. 6.03. The permit required by this Section 6 shall be issued by the City Manager upon approval by the Ci- ty Council by a three-fifths (3/5) majority vote and upon filing with the City Manager policies evidencing the insurance described in Section 6.02 of this or- dinance, or a certificate or binder of the insurer stating that such insurance is in force and in effect. Such policies of insurance, such certificates and such binders shall be in a form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State of Minnesota. In reviewing an application for a permit pursuant to Section 6 of this ordinance, the City Council shall consider the following factors: (a) the size, con- figuration and manner of construction of the propos- ed water obstacle(s); (b) the level of competing watercraft traffic which can be reasonably expected during the requested duration of the requested per- mit; (c) the size and configuraton and depth of the body of water for which the permit is requested; (d) the number of competing water obstacles which will be in place pursuant to permits already then issued; and (e) any other factors reasonably related to the effect of the applicant's proposed use on the maintenance of public health and safety upon the Ci- ty's lakes. 6.04. If a permit is granted, the permit shall specify the dates or the period of time for which it is granted. The granting of permits may be subject to such con- ditions as the City Council deems necessary to pro- tect the safety of users of the lake. Any violation of the terms and conditions of any such permit is a violation of this ordinance. No permit shall be issued for a period in excess -of one (1) year, provided, however, that no permit for any slalom course shall be issued for a period in excess of seventy two (72) hours. 6.05. If any water obstacle is located in any lake pursuant to a permit and is thereafter found to be a hazard or obstruction to the safe use of the lake by others, such permit may be revoked. Notice of revocation shall be given to the applicant by the City orally or in writing. If the applicant cannot be found, it shall be sufficient notice of revocation if written notice thereof is delivered to the address of the appli- cant as set forth in the application. Upon notice of revocation, the applicant shall remove the water obstacle within a seven (7) day period which shall be specified in the notice of revocation. If the applicant does not remove the water obstacle, it may be removed by the City at the expense of the owner. The failure of the applicant to remove the water obstacle upon receipt of the notice of revocation of the permit and in accordance with such notice is a violation of this ordinance. In the case of an emergency present- ing an immediate hazard to the public safety, as determined by the City Manager, the notice period to the applicant shall be waived in its entirety and the applicant shall reimburse the City for any expense incurred by the City in remedying the condition creating the emergency. Section 7. Swimming Regulations. No swimming shall be permitted in any lake in waters more than one hundred (100) feet distant from the lake shoreline, unless (a) within twenty five (25) feet of a watercraft which has an observer and Coast Guard approved buoyant devices on board to assist the swimmer, if necessary, or (b) within swimming areas as defined in Section 2.25 of this or- dinance. Section 8. Non -Conforming Docks. Permanent docks existing at the time of the adop- tion of this ordinance and which do not comply with the structure limitations set forth in Section 3 of this ordinance shall be deemed to be nonconforming uses. Seasonal docks utilized by privately -owned commercial resorts or commercial boat landings prior to the adoption of this ordinance and which do not comply with the structure limitations set forth in Section 3 of this ordinance shall also be deemed to be non -conforming uses. No such nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on the effective date of this ordinance or any amendment thereto. A nonconforming dock 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 man- ner as to conform to the dock set -back zone re- quirements of this ordinance. Any non -conforming dock 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 destruction. Maintenance and necessary structural repairs of a non -conforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. Section 9. Variances. 9.01. Hardship. The City Council may grant a variance from the dock requirement of the Structure Regulations in Section 3 of this ordinance where it is shown that by reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with said dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this ordinance. 9.02. Procedure. Written application for a variance, together with a non-refundable application fee of ten dollars ($10.00) shall be filed with the City Manager, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, soil studies and engineering data which may aid in the analysis of the matter. The applicant shall furnish the City Manager with the names and mailing addresses of the owners of all land within three hundred (300) feet of the lakeshore site to which the variance application applies. The applica- tion may be referred to such outside consultants, engineers or attorneys as the City Manager deems necessary to study the application and make recom- mendation to the City Council and the cost of any such referral shall be borne by the applicant. Upon filing of an application for a variance hereunder, the City Manager shall set a time and place for a hearing before the City Council on such application. Notice of such hearing shall be mailed not less than ten (10) days before the date of the hear- ing to each owner of property situated wholly or par- tially within three hundred (300) feet of the lakeshore site to which the variance application applies, utiliz- ing the mailing list provided by the applicant and such other records as may be available to the City Manager. Failure to give mailed notice to individual proper- ty owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. 9.03. Council Action. No variance shall be granted by the City Council unless it shall have received the affirmative vote of at least four-fifths (4/5) of the full Council. Section 10. Titles of Sections. Any titles of the several parts, sections or subsec- tions of this ordinance are inserted for convenience or reference only and shall be disregarded in con- struing or interpreting any of its provisions, Section 11. Violations of this Ordinance. Any person violating the provisions of this or- dinance or permitting the violation of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars (;500.00) or imprisonment of not to exceed ninety (90) days, or both. Section 12. Enforcement. The Carver County Sheriff's Department shall be authorized and entitled to enforce the provisions of this ordinance. Section 13. Exemption for Law Enforcement Per- sonnel. Watercraft utilized by resource management, emergency and enforcement personnel., when acting in the performance of their assigned duties, shall be exempt from the provisions of this ordinance. Section 14. Temporary Event Permits. Temporary exemption from this ordinance may be obtained through a permit issued by the City Council for special events, trials and races. Such temporary permits shall be in addition to, rather than in lieu of, any permit required under Section 6 of this or- dinance. Section 15. Effective Date. This ordinance shall take effect and be in force after its passage and publication according to law. Section 16. Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. Passed by the City Council this 11th day of July, 1983. /s/ Thomas L. Hamilton Mayor ATTEST: /s/ Don Ashworth City Clerk/Manager (Pub. Carver County Herald September 7, 1983) SLOW - NO WARE AREA 100 FEET WIDE MEASURED FROM SHORELINE 5.n. Personal Flotation Devices. No person shall Section 3. Structure Regulations. 3.91;-No dock, mooring or other- stractta�tshall be --JS °Weha�ate a wateeati_towinga per- son on any such device unless the person being towed so located as to: (a) obstruct the navigation of any is wearing a U.S. Coast Guard approved personal lake, (b) obstruct reasonable use or access to any flotation �' other dock, mooring or other structure, authorized &ctlon 6. Permits Required for Water Obstacles. under this ordinance, (c) present a potential safety �'° tel. No person shall operate or maintain any hazard, or (d) be detrimental to significant fish and wildlife habitat or protected vegetation. vv4iter obstacle, including but not limited to, any ski 3.02. No dock shall exceed six (6) feet in width and j�p3' $�0m CO��' wing tower or other structure u� '� waters of any lake, unless a permit shall no dock shall exceed the greater of the following have � first obtained for the same. No permit, lengths: (a) fifty (50) feet, or (b) the minimum � however, be required for any dock or,swirrnri- straight-line distance necessary to reach a water � raft a or maintained in compliance with depth of four (4) feet. The width (but not the length) the other provrstts o this ordinance. of the crossbar of any "T" or "L" shaped dock shall ; ids. Applications for permits shall be made upon be included in the computation of length described in f °rm provided by the-City and shall include the the preceding sentence. The cross-bar of any such following information: (a) wthe name, address and dock shall not measure in excess of twenty-five (25) � telephone number of the applicant, .(b) 'the type, feet in length. No dock shall encroach upon any dock number and proposed locatjion of ,the water obstacle set-back zone, prodded, however, that the owners of for which the permit is sought,_ (c.)- tried of time any two abutting lakeshore sites may erect one com- for which the permit W-wa& •td) V'3t5tbMeM as to mon dock within the dock set-back zone appurtenant how the water obstacle will be reflectorized, (e) if an to said abutting Lakeshore site, if said common dock organization is seeking the permit, a. statement as to is the only dock on said two Lakeshore sites and if said the nature of the organization, (f } 'if the permit is with the provisions of dock otherwise conforms this soughtfor a pat!ticuLar event, the nature of the event, o No more than one dock shall be permitted or (g) such other information as'the City may require to or any Lakeshore site. any 3.O3. No person shall store fuel upon any dock. assi.it4h considering for the permit, (h) a statement by the applicant that he assumes 3.84. Except for privately-owned commercial responsibility for the presence and removal for the resorts or commercial boat landings established water obstacle from the. like, and (i) a statement by prior to the adoption of this ordinance, no person shalt moor overnight, dockovernight, or'store over- five iakeahore the --tthat he will obtain and maintain d)u'irrg the effective p dY of the requested permit! a policy any night more than (5) watercraft on ay site or upon the waters of any lake. Docking of water- f general public liability insurance, including fiance against Lnjunes to persons craft at any Lakeshore site or storage of wfttercraft and/ property, in the minimum amount for each upon any lakeshore site is permissible however at any time other than overnight.NNW" pee and for each year of $1,000,000 for public rrsiarw. ' Y 0�€.6�aN�swsen 3.00. No �waWcraft shall be moored, docked or as an ad&ioh*� i= it thespptic � mored overnight on any _ lakesbore site -or on the tion for so& permit, the applicant shallpav to the Ci- waters of any lake unless said watercraft is either: