4b. Chapters 6 & 20 Code Amendments - Boats & Waterways
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227,1190
Engineering
Phone: 952,227.1160
Fax: 952.227.1170
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Phone: 952.227.1120
Fax: 952,227.1110
Recreation Center .
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952,227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952,227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952,227.1310
Senior Center
Phone: 952.227.1125
Fax: 952,227.1110
Web Site
www.ci.chanhassen.mn.us
'-I-b
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Kate Aanenson, AICP, Community Development Director
DATE:
6iv'
~
August 10, 2009
SUBJ:
Boats and Waterways Code Amendment
PROPOSED MOTION:
"Staff recommends that City Council adopt the proposed amendments to
Chapter 20 of the Chanhassen City Code as outlined in the staff report."
BACKGROUND
On July 21,2009, the Planning Commission recommended on a 5-0 vote for
approval of the amendments to the Structures, Boats and Waterways section of
the City Code.
On June 9, 2009, staff presented the Planning Commission with an issue paper
addressing Structures, Boats, and Waterways. Staff explained that Chapter 6 of
the City Code, Boats and Waterways, addresses two issues: Structures and
Watercraft Operating Regulations. Structures such as docks or any other
accessory use is addressed in Chapter 20, Zoning. The zoning ordinance contains
standards for uses as well as the process for relief from these standards (variance
criteria).
Staff proposed that Sections 6-21 through 6-30 of Chapter 6, Boats and
Waterways (which addresses structures), be moved to Chapter 20, Division 1 -
General Supplementary Regulations, creating Section 20-920. Amendments are
proposed to Chapter 20 which required a public hearing before the Planning
Commission; and Chapters 6 and 1, which require only City Council action.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Boats and Waterways
August 10,2009
Page 2 of 6
ANALYSIS
Proposed Ordinance Amendment
1. At the most recent hearing on a dock variance a few issues were raised that prompted
amending the ordinance. These issues include: DNR Standards - The DNR has a draft of
new shoreland regulations. Staff has added language that all structures be in compliance
with DNR regulations.
2. Definition of Crossbar - The current definition is ambiguous when describing the shape of a
dock. Staff is proposing to modify the language to remove references to the "L and T"
shape.
Staff recommends dock variances be addressed in Chapter 20 of the City Code. The criteria for
granting a variance are well defined as well as all the other procedural requirements (mailings,
public hearing notice, publication, recording, expirations, etc.)
Following are proposed changes to the City Code. Chapter 6, Article II, Structures will be
incorporated into Supplemental Regulations found in Chapter 20. Modifications are shown in
bold and strike-through format.
Section 20-920 Structures, Boats and Waterways
Sec. 6 21. 1. Exemption.
This article does not apply to any lakeshore property owned or leased by the city.
Seo. 6 22. 2. Nonconforming docks.
(a) Permanent docks existing on July 11, 1983, and which do not comply with the structure
limitations set forth in this article shall be deemed to be nonconforming uses. Seasonal docks
utilized by privately-owned commercial resorts or commercial boat landings prior to July 11,
1983, and which do not comply with the structure limitations set forth in this article shall also
be deemed to be nonconforming uses.
(b) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area
than that occupied by such dock on September 7, 1983, or on the effective date of or any
amendment to this article. 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 manner as to
conform to the dock setback zone requirements of this chapter. Any nonconforming dock
Todd Gerhardt
Boats and Waterways
August 10, 2009
Page 3 of 6
which is partially or totally destroyed by any cause may be restored to its former use and
physical dimensions, if the restoration is completed within one year of its partial or total
destruction. Maintenance and necessary structural repairs of a nonconforming dock are
permitted provided that any such maintenance or repairs do not extend, enlarge or intensify
such dock.
(c) All docks must conform to dock setback requirements.
Sec. 6 23. Variances.
(a) The city council may grant a yariance from the dock requirements of this article ",{here it is
shown that by reason of topography, soil conditions or other physical characteristics of the
lakeshore site, strict compliance with the 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 ':arian'ie does not adyersely affect purpose and intent of this
chapter.
(b) "^...pplication for a variance shall be made to the city upon a form furnished by the city. The
applicant shall furnish the information required by the form. f... nonrefundable application fee
shall be paid to the city when the applicatioFl is filed. The applicatioFl may be referred to such
outside consultants, 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.
(c) Upon filing of an application for a '{ariance hereunder, the city manager shall set a time and
place for a heariFlg before the city couFlcil on such application. Notice of such hearing shall
be mailed not less than ten days before the date of the hearing to each o,!,'ller of property
situated '."/holly or partially within 300 feet of the lakeshore site to which the yariance
application applies, utilizing the mailing list proYided by the applicant and such other records
as may be a':ailable to the city manager. Failure to give mailed notice to individblal property
owners or defects in the notice shall not invalidate the proceedings, proyided a bona fide
attempt to comply '!:ith this section has been made.
(d) No variance shall be granted by the city council without the affirmatiye vote of at least four
fifths of the full council.
Sec. 6 21. 3. Location restrictions.
No dock, mooring or other structure shall be so located as to:
(1) Obstruct the navigation of any lake;
Todd Gerhardt
Boats and Waterways
August 10, 2009
Page 4 of 6
(2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized
under this chapter;
(3) Present a potential safety hazard; or
(4) Be detrimental to significant fish and wildlife habitat or protected vegetation.
Sec. 6 25. 4. Construction and maintenance generally.
Dock, 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.
Sec. 6 26. 5. Docks.
(a) No more than one dock shall be permitted on any lakeshore site.
(b) No dock shall exceed six feet in width and no dock shall exceed the greater of the following
lengths:
(1) 50 feet; or
(2) The minimum straight-line distance necessary to reach a water depth of four feet.
(c) 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 25 feet in length. No dock shall encroach upon
any dock setback zone; provided, however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock setback zone appurtenant to the abutting
lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock
otherwise conforms with the provisions of this chapter.
(d) No person shall store fuel upon any dock.
(e) No oscillating, rotating, flashing or moving sign or light may be used on any dock.
(f) No advertising signs shall be displayed from any dock.
(g) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks
shall be elevated a minimum of six to eight inches above the ordinary high water elevation.
Sec. 6 27. 6. Mooring, docking, etc., of watercraft.
Todd Gerhardt
Boats and Waterways
August 10, 2009
Page 5 of 6
(a) Except for privately-owned commercial resorts or commercial boat landings established prior
to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight more
than three 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.
(b) No watercraft shall be moored or docked overnight on the water of any lake unless it is
currently registered pursuant to M.S. ch. 86B either in the name of the owner of the lakeshore
site in from of which the watercraft is moored or docked, or in the name of a blood relative of
the owner.
(c) Except as provided in subsection 6-27(b), no watercraft or boat lift shall be kept, moored,
docked or stored in the dock setback zone.
Sec. 6 28. 7. Swimming rafts, ski jumps, diving towers, etc.
(a) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft
owner or with the written approval of the owner of the lakeshore site. All swimming rafts
shall meet the minimum standards in this subsection. Their size shall not exceed 144 square
feet. Swimming rafts shall project over the water surface not less than one foot and not more
than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be
located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as
provided in subsection (b). Their distance from the ordinary high water mark shall not exceed
100 feet.
(b) 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.
The material shall be capable of retaining 80 percent of its dry weather reflective signal
strength when wet.
Sec. 6 29. 8. Fueling facilities.
Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any
fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be
nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or
increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming
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 nonconforming fueling facility are
permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such
fueling facility.
Todd Gerhardt
Boats and Waterways
August 10,2009
Page 6 of 6
Sec. 6 30. 9. Removal of seasonal docks, moorings, etc.
All seasonal docks, moorings, and other structures shall be removed from the lake before
November 1 of each year. All nonconforming structures, except legally nonconforming docks
and swimming rafts, once removed may not be returned to the lake. Legal nonconforming
moorings, docks, and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake.
10. All structures shall comply with the Department of Natural Resources regulations.
RECOMMENDATION
"Staff recommends that City Council adopt the proposed amendments to Chapter 20 of the
Chanhassen City Code as outlined in the staff report."
ATTACHMENTS
1. Ordinance Amendment.
g:\plan\city code\2009 code amendments\boats and waterways\docks pc.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 6 AND 20
CHANHASSEN CITY CODE
BOATS AND W ATERW A YS, AND ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 6, Boats and Waterways, Article II, Structures of the City Code, City
of Chanhassen, Minnesota, is hereby deleted in its entirety and incorporated into Section 20,
Zoning as Section 20-920 Structures, Boats and Waterways and amended to read as follows:
Section 20-920 Structures, Boats and Waterways
Sec. 6 21. 1. Exemption.
This article does not apply to any lakeshore property owned or leased by the city.
Sec. 6 22. 2. Nonconforming docks.
(a) Permanent docks existing on July 11, 1983, and which do not comply with the structure
limitations set forth in this article shall be deemed to be nonconforming uses. Seasonal docks
utilized by privately-owned commercial resorts or commercial boat landings prior to July 11,
1983, and which do not comply with the structure limitations set forth in this article shall also
be deemed to be nonconforming uses.
(b) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area
than that occupied by such dock on September 7, 1983, or on the effective date of or any
amendment to this article. 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 manner as to
conform to the dock setback zone requirements of this chapter. Any nonconforming dock
which is partially or totally destroyed by any cause may be restored to its former use and
physical dimensions, if the restoration is completed within one year of its partial or total
destruction. Maintenance and necessary structural repairs of a nonconforming dock are
permitted provided that any such maintenance or repairs do not extend, enlarge or intensify
such dock.
(c) All docks must conform to dock setback requirements.
Sec. 6 23. Variances.
(a) The city council may grant a variance from the dock requirements of this article ':,here it is
shown that by reason of topography, soil conditions or other physical characteristics of the
lakeshore site, strict compliance with the dock requirements could cause afl exceptional or
1
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
chapter.
(b) f..pplication for a variance shall be made to the city upon a form furnished by the city. The
applicant sha:ll furnish the information required by the form. }.. nonrefunda:ble application fee
shall be paid to the city 'lIhen the a:pplication is filed. The application may be referred to such
outside consultants, engineers or attorneys as the city maflager deems necessary to study the
applicatiofl and make recommendation to the city council afld the cost of a:ny such referral
shall be borne by the a:pplicant.
(c) Upon filing of an application for a variance hereunder, the city ma:nager 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 days before the da:te of the hearing to each ovmer of property
situated wholly or partially within 300 feet of the la:keshore site to 'Nhich the vanaflce
a:pplica:tion applies, utilizing the mailing list proyided by the a:pplicant and sl:lcn other records
as may be ava:ilable to the city manager. Fa:ilme to give ma:iled notice to il'ldividual property
OWflefS or defects in the notice shall not invalidate the proceedings, pro'/ided a bona fide
attempt to comply '.'lith this sectiofl has been made.
(d) No variance shall be granted by the city council '.vithout the affirmative vote of at least four
fifths of the full council.
Sec. 6 21. 3. Location restrictions.
No dock, mooring or other structure shall be so located as to:
(1) Obstruct the navigation of any lake;
(2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized
under this chapter;
(3) Present a potential safety hazard; or
(4) Be detrimental to significant fish and wildlife habitat or protected vegetation.
Sec. 6 25. 4. Construction and maintenance generally.
Dock, 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.
Sec. 6 26. 5. Docks.
(a) No more than one dock shall be permitted on any lakeshore site.
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(b) No dock shall exceed six feet in width and no dock shall exceed the greater of the following
lengths:
(1) 50 feet; or
(2) The minimum straight-line distance necessary to reach a water depth of four feet.
(c) The width (but not the length) ofthe cross-bar of any "Tn 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 25 feet in length. No dock shall encroach upon
any dock setback zone; provided, however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock setback zone appurtenant to the abutting
lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock
otherwise conforms with the provisions of this chapter.
(d) No person shall store fuel upon any dock.
(e) No oscillating, rotating, flashing or moving sign or light may be used on any dock.
(f) No advertising signs shall be displayed from any dock.
(g) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks
shall be elevated a minimum of six to eight inches above the ordinary high water elevation.
Sec. 6 27. 6. Mooring, docking, etc., of watercraft.
(a) Except for privately-owned commercial resorts or commercial boat landings established prior
to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight more
than three 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.
(b) No watercraft shall be moored or docked overnight on the water of any lake unless it is
currently registered pursuant to M.S. ch. 86B either in the name of the owner of the lakeshore
site in from of which the watercraft is moored or docked, or in the name of a blood relative of
the owner.
(c) Except as provided in subsection 6-27(b), no watercraft or boat lift shall be kept, moored,
docked or stored in the dock setback zone.
Sec. 6 28. 7. Swimming rafts, ski jumps, diving towers, etc.
(a) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft
owner or with the written approval of the owner of the lakeshore site. All swimming rafts
shall meet the minimum standards in this subsection. Their size shall not exceed 144 square
feet. Swimming rafts shall project over the water surface not less than one foot and not more
than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be
located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as
3
provided in subsection (b). Their distance from the ordinary high water mark shall not exceed
100 feet.
(b) 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.
The material shall be capable of retaining 80 percent of its dry weather reflective signal
strength when wet.
Sec. 6 29. 8. Fueling facilities.
Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any
fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be
nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or
increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming
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 nonconforming fueling facility are
permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such
fueling facility.
Sec. 6 30. 9. Removal of seasonal docks, moorings, etc.
All seasonal docks, moorings, and other structures shall be removed from the lake before
November 1 of each year. All nonconforming structures, except legally nonconforming docks
and swimming rafts, once removed may not be returned to the lake. Legal nonconforming
moorings, docks, and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake.
10. All structures shall comply with the Department of Natural Resources regulations.
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 10th day of August, 2009, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
g:\plan\city code\2009 code amendrnents\boats and waterways\ordinances.doc
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