4. Boats and Waterways Issue Paper
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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2310 Coulter Boulevard
Phone: 952.227.1400
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Natural Resources
Phone: 952.227.1130
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Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
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Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO: Planning Commission
FROM: Sharmeen Al-Jaff, Senior Planner
DA TE: June 16, 2009
D~'
SUBJ:
Boats and Waterways Issue Paper
BACKGROUND
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 is proposing that Section 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.
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-thru format.
Section 20-920 Structures, Boats and Waterways
Sec. 6 21. Exemption.
This article does not apply to any lakeshore property owned or leased by the city.
Sec.622. 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.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
Boats and Waterways
June 16,2009
Page 2 of7
(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 where it
is sho'Nn that by reason of topography, soil conditions or other physical characteristics of
the lakeshore site, strict compliance ','lith 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 variance does not ad'/ersely affect purpose and
intent of this chapter.
(b) i\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. /\ nonrefundable
application fee shall be paid to the city vlhen the application is filed. The application 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 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 days before the date of the hearing to each owner of
property situated wholly or partially within 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 gi'/e mailed notice to
individual property o'Nners or defects in the notice shall not invalidate the proceedings,
provided a bona fide attempt to comply with this section has been made.
(d) No variance shall be granted by the city council without the affirmative vote of at least
four fifths of the full council.
Sec. 6 21. Location restrictions.
No dock, mooring or other structure shall be so located as to:
(1) Obstruct the navigation of any lake;
Planning Commission
Boats and Waterways
June 16,2009
Page 3 of 7
(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. 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. 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 ofthe
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. 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 2g. Swimming rafts, ski jumps, diving towers, etc.
Planning Commission
Boats and Waterways
June 16,2009
Page 4 of7
(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. 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. 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.
All structures shall comply with the Department of Natural Resources regulations.
ANALYSES
Staff recommends dock variances be addressed in Chapter 20 of the City Code. The criteria for
granting a variance is well defined as well as all the other procedural requirements (mailings,
public hearing notice, publication, recording, expirations, etc.)
At the most recent hearing on a dock variance a few issues were raised that we may want to
address amending the ordinance. These issues include:
1. DNR Standards - The DNR has a draft of new shoreland regulations. Staff has added
language that all structures be in compliance with DNR regulations.
Planning Commission
Boats and Waterways
June 16, 2009
Page 5 of 7
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.
3. Permanent vs. Seasonal Dock - The current ordinance states "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." Permanent docks are more challenging to maintain. Should the city
code allow seasonal docks only?
4. Lakeshore Frontage - Frontage on a lake can certainly be used as a basis for a variance;
however, it depends on the location such as a bay vs. peninsula (double frontage).
PROPOSED RECOMMENDATIONS
Staff is recommending the following changes to Chapter 20. A public hearing will be scheduled.
Sec 20-920 Structures Boats and Waterways
1. Exemption.
This article does not apply to any lakeshore property owned or leased by the city.
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.
Planning Commission
Boats and Waterways
June 16, 2009
Page 6 of7
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.
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.
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.
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.
Planning Commission
Boats and Waterways
June 16,2009
Page 7 of 7
(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.
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.
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.
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.
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