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6. Boats & Waterways Code Amendment 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 Finance Phone: 952,227,1140 Fax: 952.227,1110 Park & Recreation 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 w MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Community Development Director DATE: July 21,2009 o~. SUBJ: Boats and Waterways Code Amendment PROPOSED MOTION: ''The Planning Commission recommends that the City Council adopt Section 20-920 of Chapter 20 of the Chanhassen City Code as outlined in the staff report. " BACKGROUND 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 require a public hearing before the Planning Commission; and Chapters 6 and 1, which require only City Council action. ANALYSIS Proposed Ordinance Amendment At the most recent hearing on a dock variance a few issues were raised that prompted amending the ordinance. These issues include: Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Boats and Waterways July 21,2009 Page 2 of 6 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. 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. Sec.622. 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 July 21,2009 Page 3 of 6 Sec. 6 23 . Variances. (a) The city council may grant a '1ariaflCe from the dock requirements of this article where it is shown that by reason of topography, soil conditions or other physical characteristics of the lalceshore site, strict compliance with the dock requirements could cause an exceptiOl.'lal or undue hardship to the enjoymcm.t of the use of the lakeshore site; provided, that a '<,ariance may be granted only if the '<,ariance does not adversely affect purpose and intent of this chapter. (b) Application 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 when 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 '1ariance 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 'Nithin 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 a'lailable to the city manager. Failure to give mailed notice to individual property owners 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 '1ariance shall be granted by the city council without 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. Planning Commission Boats and Waterways July 21,2009 Page 4 of 6 Sec.625. 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 lake shore 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. Cd) 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. Planning Commission Boats and Waterways July 21,2009 Page 5 of 6 (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. 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. Planning Commission Boats and Waterways July 21,2009 Page 6 of 6 10. All structures shall comply with the Department of Natural Resources regulations. RECOMMENDATION "The Chanhassen Planning Commission recommends that the City Council adopt Section 20-920 of 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 1, 6 AND 20 CHANHASSEN CITY CODE GENERAL PROVISIONS, BOATS AND W ATERW A YS, AND ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2. Rules of construction and definitions of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Cross bar means that portion of any "L" shaped or "T" shaped seasonal dock or permanent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high water mark. See dock cross bar. (6) Dock crossbar means that portion of any "L" shaped or "T" shaped dock which is approximately parallel in alignment to the adjoining shoreline or ordinary high water mark. See cross bar. (20) Section 2. 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 1 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 shown that by reason of topograpby, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requiremeflts could cause an exceptional or ufldue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance docs not adversely 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 informatiofl required by the form. f~ flonrefundable application fee shall be paid to the city when the application is filed. The application may be referred to such outside consultants, engineers or attorneys as the city maflager deems necessary to study the application and make recommendation to the city council and the cost of aflY such referral shall be borne by the applicant. (c) Upon filing of an application for a variance hereuflder, 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 variaflce 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 flotice to ifldividual property OWflers or defects in the notice shall not invalidate the proceediflgs, provided a bona fide attempt to comply with this sectiofl has been made. (d) No variance shall be graflted by the city council without 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 2 (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. Soc.625. 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 lake shore 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 3 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 ih 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. 4 Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of ,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 amendments\boats and waterways\ordinances.doc 5