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02-02-1994 Planning Work Session
r MIMTKS OF THK ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, FEBRUARY 2. 1994 ROLL The Orono Planning Commhsion met on the alH)ve date with the following members present; Vice-Chair Stephen Peterson. Janice Berg, Charles Nolan. Jr , Sandy Smith and Candace Rowlette. Councilmember Gabriel Jabbour was present representing Council City staff was represented by Building & Zoning Administrator Jeame Mabusth. Assistant Planning & Zoning Administrator Michael Gaffron and Recorder Carole Haseman. Mcmb(*rs of the public present were Todd Nelson representing Minnetonka Boat Works; Rich Anderson representing Sailors World and North Shore Drive Marinas; Jim Dunn represeming Lakeside Marina; Dan Crear, 1980 Spates Avenue; Camilo Castdlon, 1950 Shoreline Drive; Beverly Blomberg. 3180 North Shore Drive, and Lee Fischback, 3135 North Shore Drive. The meeting was ^.alled to order at 5;13 p.m. Peterson welcomed members of the public and began the meeting by stating the intention of the work session is to continue to review and discuss the B-2 Code, specific topics for this session including paiking, restaurants fishing tournaments. ct)mmercial dock locations and lake maintenance operations. Gatfron presented a brief review from previous discussions of permitted, accessory and conditional uses. Accessory uses must have a permitted use before there can be an accessory use. Conditional uses can stand alone but require special Council approval. Permitted uses must be able to individually stand alone as a marina use and include rental slips, sales of boats, motors, trailers and marine accessories, repair and servicing of boats, on-land storage of boats in summer and winter, maiine tuel sales, and bait and fishing tackle sales. Several accessory uses not currently allowed in the B-2 have been discussed at last month’s work session and concluded by the Planning Commission to be inappropriate for B-2. These include ice skating rinks, tobagonning, Chri.stmas tree .sales, parasailing and automobile winter access. Accessory uses considered by Planning Commission to be appropriate in the B-2 so far include signs, head pump out tor boats, sale of prepackaged foods, dive shop, club house for slip customers to use, sailing schools, rental boats, one caretaker dwelling unit for security purposes, sailboard sales/rental. ice fishing tackle sales but not ice fishing houses or equipment for sales/rental, and ice boats. Accessory u.ses left for further discussion were fishing tournaments, cross country ski sales/rental and snowmobile operations. Most of the conditional uses were left for further discussion except for cigarette .sales, sale of 3.2 beer and transient boat launching which remain .iS ‘‘easonable uses. Additional information is needed before any discussion can be done Kgarding the conditional uses for boat clubs, on-demand launch of customer’s boat stored on site, charter boats, lake structure maintenance operation ba.se and restaurants. Gaffron noted that parking and landscape uses and perfomiance standards need to be addressed at this time, finder Subd. 8 Parking Requirements, it is suggested that parking areas "need not MLNXTES OF THK ORONO PLANNING COMMISSION WORK SFSSION WEDNESDAY, FEBRUARY 2, 1994 jK- paved" but shall be provided with appropriate stormwater runoff qualitv/quantitv controls ^rk.ne areas change hardcover. Peterson asked if any of the marinas have aSded catc^ ^ns or ha tie systems^ Gal Iron resfxvnded that Sailors World incorporated a filter system alonuMheir entire sc^i wall. Mabusih added Windward and Minnetonka Boat Works have also addressed this . affron noted that it is not an expensive privess but takes space which results in a site i*nl^^"if th’'^ designated withi)ut paving and reuu r^d numhT'T' requirements. Gaffron explained most marinas meet the tquired numher of parking spaces required but the kvation of spaces do not meet the current ciKle requirements. Nolan asked if there are parking problems at the marinas resulting in complaints from cars parking on the streets. Gaffron stated that it is not an ever>day problem Nolan questioned the 6 stalls per 10 slips parking ratio. Gaffron responded that if the spaces Gal ron addressed ite code regarding 8 off-sireei parking spaces lor Ihe 1.000 s.f. of rciail and additional space for each 800 s.l. and after discussion members fell ii made sense. Lee Fishback noted that cruise boat problems are not identified. Gaffron explained that item D is a proposed addition to the code and addresses charter boats, requiring 1 stall per 3 charter boat SC3tS. Gaffron proceeded to Item F regarding parking and winter storage and staled most problems occur in the transition seasons in the spring and fall. ^ An addition to the code is Item II pertaining to employee parking spaces. Peterson questioned If It was needed. Dunn reiterated the .5 formula and said management of the inside envelope and overflow issues were challenges to the marina operators. The impact of "no parking signs" along neighbors property was discu.ssed and the possibility of placing "residents only parking signs . No.an suggested an appropriate parking ratio needs to be established and enforcement of parking violations. Dan Crear. a resident who has lived in the area of Sailors World for a numher of years, said parking has never been a problem for him. Crear expressed displeasure with the ppiposal by the DNR for a ramp between two marinas on Nonh Shore Drive Councilmember Jabbour clarified that the DNR purchased a piece of land for pu.dic acce.ss and MINUTES OF THE ORONO PLANNLNG COMMISSION WORK SESSION WEDNESDAY, FEBRU,\RY 2, 1994 explained part of the agreement with the DNR regarding no car/trailer parking within a mile of any public access. Gaffron poKceded with the code item of landscaping areas within the envelope. There is an iiKonsistenc) with the code for yard requirements. Nolan asked if regulations were relaxed to fit the existing areas, would problems arise in connection with development ot new mannas. Gaffron stated there is one area available between Lakeside and Gayle's that is zoned B-2 which has four houses on it. The area between North Shore Drive and Lakeside Marina which the DNR bought is still zoned LR-lC-1. 1/2 acre single family residential. Nolan said the reality of a new marina is almost nil and more focus needs to be done on the existing marinas. Gaffron noted w ithin the last ten years, major changes have been made to Minnetonka Boat Works, Windward and Sailors World. They have K*en granted a number of variances and while they do not completely meet all code standards, progress has been made. The lakeshore landscaping section has been in place sitice 1975. Gaffron noted that the lakeshorc landscape area shall be equal to 10% of the depth of the lot. For instance, tl there is 200 ’ from the street to the lake, there must be a 20 ’ strip along the lake that is landscaped. However the lakeshore yard requirement of 75' seems to be in conflict with the 10% standard, and the requirement that aU required yard areas be landscaped and planted with trees and shrubs would seem to override any other landscaping requirements. Gaffron noted the code rc^mres that the detailed landscape plan for each landscaping area sliall provide natural screening 50 % opaque during summer months. A privacy fence may be required in addition to the natura landscaping. The use of anv fencing shall not satisfy the requirements ot providing natural landscaping. It has to be nui ^*ry stock. Gaffron explained that in 1975 three year plans were developed for landscape plantings. Some but not all of the marinas were successful wit t e program He said a proposed addition to this section is all landscape areas shall be sulliciently delineated by acceptable physical barrier so as to eliminate the encroachment of vehicle parking or fK>at storage. A problem exists if you don’t have a raised landscape area or curb that defines it, because cars and boats creep into the space and soon it is gone. Another proposed addition to this section defines what landscaping means. All gnmndcover shall be natural living materials such as grass or other planted groundcover. Decorative rockbeds shall constitute no more than 10% of the required landscape areas. Smith questioned whv some plantings do not take - is it because of neglect or lack of maintenance or other unique problems such as keeping lands healthy and well.> Gaffron replied that all t.iose have an impae . Salt from the winter roadsides can be a problem for the trees. Parking boats cause damage. I.;mdscaping is something that you have to work at. were any comments on landscaping. Rich Anderson asked if trees are more desirable ^an fencing Gaffron replied that visually a fence will be sufficient for mere screening b probably not desirable to look at. Mabusth added that for protection purposes you might want r MIMTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY. FEBRl ARY 2, 1994 fencing. She raised ihc point that view protection has never been addressed with marinas. Smith suggested eliminating the word "rockbed" and replace it w ith something all inclusive such as "non-natural materials". Peterson suggested working with the marinas to reestablish landscaping plans again. Gatiron inquired whether Planning Commission felt that a fonnal landscape plan approval process wa^ necessary. Peterson suggested *he larinas should submit a plan to staff with no involvement from the Planning Commission. Dunn identiHed a major parking problem for marinas iK'Curs during boat launching in the spring. Summer months are easier to manage. Dan Crear added that he felt there has only been good change in the marinas particularly Windward and Sailors World. From a business standpoint, he feels you should be careful how^ you punish and look at the big picture. Gaffron moved on to area, height, lot w idth and yard requirements. B-2 lot area standards have always been a minimum of 2 acres. 200' width and 200* depth. In the past, there have been a number of zoning "flip flops" regarding the area between North Shore Drive Marina and Lakeside. Presently it is zoned single family residential. He mentioned that ten years ago Council said it might consider rezoning the area to B-2 if somebody accumulated 2 full acres between the two marinas. Planning Commission may vvant to address whether 2 acres is reasonable. Do we want to make it tougher? If the lot area is changed from 2 acres to 3 or 4, it would be m^ re difficult for the area between North Shore and Lakeside to get rezoned. Peterson stated that if the DNR proposal goes through, we may never have to worry about it. Members agreed that realistically 2 acres would not be large enough to discourage a rezoning to B-2. Gaffron stated that the City has a very minimal B-2 zoning district which includes six marinas, a gas station and the area between Lakeside and Gayle’s. If the area between North Shore and Lakeside were to be rezoned, should the City set higher standards thus preventing any new marina development? Do we want a marina there or not? Beverly Blomberg expressed her opinion that standards should be tougher and would not want to see more marinas or access areas on that bay. Dunn stated that the Planning Commission has an opportunity to get this matter before the Council so the land can be developed either B-2, residential or multi-uses. U*e Fishback suggested the land be kept residential. Gaffron noted the City needs to encourage the ultimate outcome they want to strive for. If we make no decisit)n what the outcome should be, nothing will change. Peterson agreed that a decision needs to made. Rowlette commented she prefers the e.xpansion of the existing marinas rather than a new marina. Gattron stated th»n the neighborhood might have different views. Dunn stated that gross acreage would be an issue for either B-2 or residential. Lee Fishback asked if the Planning Commission has already made a decision for that area by letting someone build a garage. Gaffron explained that the garage cmistruction fits the current zoning standards fc>r the area which is LR-lC-l residential. MINL’TES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, l-TBRl ARY 2, 1994 Gatfron read trom a handout regarding additional performance standards which have been in place since the mid-1970s. The first one pertains to suitable sanitarv facilities which all i>ur marinas now have available. Ni>t all the marinas have a boat head pumfx>ut station in the marina but if they all did maybe that would be overkill. No one has complained that the facility is not available. Item B states all means of access to the operation from any street shall be so liKated to avoid the routine of vehicles from the property over streets that serve abutting residential areas. All access roads shall be paved 30'. Item C reads all lighting on the premises shall be shielded. Item D limits the hours of running engines for purpti.se of running auxiliary equipment or testing from 8:00 a.m. to 6.00 p.m. It doesn't mean that you can't have bt)ats going out into the evening but the ceneral noisiness of testing engines should be limited. Gaffron mentioned the existing noise ordinar.-e on land which states noise shall not extend past your property boundaries. Item E talks about maximum hours of operation from 7.00 a m. to 10:00 p.m. for retail sales and service except that is necessary to suppv>rt normal fishing activity or other uses granted by the Council. Normal fishing activity probably doesn't include a fishing tournament. Gaffron said fishing tournament permits don't necessarily stop the problems but do warn all other agencies of the event. Item F states at all times docks, seawalls and premises be kept in a neat and orderly manner. This can be dealt with by working with the owner. Dunn stated that Item E covers a reasonable operational time but the reference to auxiliary equipment in Item D could present a problem and perhaps needs to be defined. Rowlette suggested rewording Item E to be more specific. Gaffron proceeded with Item G. persons in charge sf. II prohibit the dumping of garbage, etc. Rowlette suggested rewording Item G to encourage recycling. Camilo Castellon inquired it there are anv provisions to enclose increasingly large garbage cans from the view of neighbors. Gaff ron felt that the code does not do a good job of requiring screening for dumpsters. Peterson said the intent is to make receptacles available and convenient for people to use. Gaffron stated there seem to be two concerns - the small can that is handy and the dumpster that those small cans are dumped into. He sugge.sted screening the dumpsters but the cans could be visible. Item 8 references no commercial diKks or boat buoys shall extend further into waters than is reasonablv necessarv to accommodate docking and imniring of such craft. The length of diKks shall be regulated by the City Code. Gaffron stated presently they are not regulated by code except by reference to old LMCD codes. The code also states that all such commercial docks and wharves shall be constructed and maintained of such materials and of such type of amstruction as will not render them unsafe or likely to endanger public enjoyment of the waters. I here is nothing In our code that def ines what is a safe dock. 1 he LMCD does not have design or structunil standards. Perhaps there are safety standards we could get into. The addition to 5 MINUTES OF THE ORONO Pl.ANMNG COMMISSION WORK SESSION WEDNESDAY, FEBRUARY 2. 1994 Item II is the prohibited use of ru>n-encased expanded-bcad polystyrene team as a dock notation material. Nolan questioiK'd the I'utdated la\xs ot the LMCD. Gattron pointed out in Subd. 18 the City adopted OrdinatK.es of the LMCD from the 1970s. Since that time, the LMCD has changed those Ordinances and added others. Rowletle commented that reference should not be made to the LMCD but adopt the same standards. Gaffron asked at what point dt> you wan' the City of Orono to assume jurisdiction on the lake side which then encroaches LMCD. Gattron explained that cities surrounding Lake Minnetonka are voting on dissolution of the LMCD. Nolan felt docks should have building standards. Before Rowlette left she asked that Item K, winter boat density/storage be discussed. She requested that blue winter covers be eliminated and .suggested the use of white only for boats which would blend in with the snow-. Rich Anderson said he has noticed that residents use boat coverings of various colors and some yards do m>t kH)k much better than marinas. Rowlette explained that if there is not a considerable price differential, the choice should be white for shrink wrap material. The next topic was fishing tournaments. Gaffron explained the City, LMCD. Water Patrol and DNR all issue permits for fishing tournaments. Orono’s permit is issued by the Police Department. He said fishing tournament problems are usually associated with traffic and noise and those problems need to be enforced by the various agencies. After discussion, Peterson felt that fishing tournaments could be better handled under the "Parades and Special pAents" section of the c(xle and not in the B-2. Peterson asked if there were other items to be discussed. lx*e Fishback asked if a decision had actually been made to change lot area to 5 acres. Berg explained the item of lot area was discussed but no conclusion had been made. Rich Anderson added it seems arbitrary to increase lot area size from 2 to 5 acres Peterson felt it needs to be kwked at further and should either be increased or eliminated. Gaffron reiterated his previous statement regarding what the City might want to happen with that property and then tailor acreage numbers to encourage those results. Dunn addressed Items I and K regarding land density and expressed his concern with on land authority if the LMCD’s jurisdiction is eliminated. Gaffron notified everyone the next work session meeting is scheduled for Wedne.sday. February 23rd at 7:00 p m. ADJOURNMENT The meetiiui was adjourned at 7:20 p.m. Stephen Peterson, Vice-Chair TO:Planning Commission Members Ron Moorse. City Administrator FROM:Michael P. Gaffron. Asst. Planning & Zoning Administrator DATE:January 25. I99d SI BJECT:B 2 Code Review (INFO FOR H-BRUARY 2 MFEILNG, 5:00 P.M ): Parking Regulations Restaurants Fishing Tournaments Commercial Dock LocatiorL^Construction Lake Maintenance Operations Base last of Exhibits A - Marina Parking/Slip Comparisons Chart B - Marina Parking Diagrams C - 1992 Parking Hardcover Review D - Orono Code Excerpts - Parking E - Orono Code Excerpts - Restaurants F - Fishing Tournament Regulations •LMCD Code/Application DNR Application Water Patrol Application Orono Code/Applic^Ugu cvcxr.p'TS /A-.-rPArVirr : • Orono ------------------------------------------ . G - I-MCD Code Exccrpis re: ^Commercial Dock Ure-uion/Construcuon/Mainienanc e H - Minutes of l/5/^4 Work SessTon At vour Januarv 5ih work session. Plannine Commission requested further informatton .1 are addressed below. Since our January 5th work sesston was ra.rd”™"d m liinue^d,^^^^■uses", our toptc for Febntary 2nd should include a review of the parking rcqutrements. the yard and landscaptng area requirements, and tf ttme permits begin reviewing the general pertormance standards section. Parking Requirements Thf* R-^ narkin*^ reuuirements can be summarized as follows. i-. i , ko parking mus^ be sufflcient to eliminate traffic or parking congestion likely to be .Partog*’ar'eat ^^01 be paved (license section formerly said "need not be paved" - further discussion warranted) •6 stalls required per 10 slips on water/land .8 stalls for first 1.000 s.f. of sales/service function •I stall per each additional 800 s.f. .10 car mailer stalls per ramp if transient launching allowed r B-2 Cixle Review Januarv' 25. 1994 Pace 2 # Stalls must be on same side of road as area they serve Required stalls cannot be used for storage of gcxxls or boats, except that trom October 1 to May 1 80% of required stalls may be used for winter boat storage •Parking not allowed in any required vard or landscaping area Landscaping areas are: •Along shoreline. 10% of lot depth, but at least 10’ and not more than 75’ •10’ along side yards •10’ along street yard The required yard widths for the B-2 zone are as follows: •Lakeshore yard 75’ •Side yard 10’ •Front or street yard - 30 ’ Additionally, no operational activities except for storage and parking may be conducted closer than 50’ to: •Adjacent lot used residentially •Right-of-way of an existing street/road/highway None of the existing marina operations meet all of the parking location restrictions imposed by yard and landscape area requirements. Please review Exhibits A, B and C regarding the individual marina parking layouts. Also review Exhibit D, which contains the general parking standards for the City (Section 10.61. Subds. 4-10). Restaurants The zoning code defines two levels of restaurants (see Exhibit E). Class I restaurants include those where food is served to the customer while seated at counter or table. Class I also incluues cafeteria style operations. No live entertainment or intoxicating liquor sales are permitted in Class 1 restaurants. Class II restaurants include restaurants serving liquor, fast food, convenience and drive-in operations where a majority of customers order and are served their food at a counter in packages prepa.ed to leave the premises or via a drive-thm window. The espresso operation as described by Gary DeSantis and Richie Anderson at your Januarv' meeting, arguably most resembles a Class II restaurant operation. Regardless ot class designation, perhaps the more important question to consider is whether the additional tratlic generated bv such a "stop in and a cup of coffee to go" operation will generate problems whether the' general level of activitv will be in character with the surrounding neighborhood uses, and whether it is appropriate to allow any use which brings in non-marma-related-activity customers. B-2 Code Review Januar>’ 25, 1994 Pace 3 Fishing Tournaments The City. LMCD. Water Pnirol, and DNR all issue special event permits or licenses for fishing toumanicnis. Orono ’s pemiii is issued by the Police Department upon Council approval, and approval is generally based on automobile traffic impacts. The other three agencies are generally concerned with impact on the lake itself. In a typical tournament operation, fisherman trailering their boats arrive either at a public landing or designated marina between 4:00 a.m. and 6:00 a.m., launch their N’lats individually, and congregate at a designated landing or marina. At the designated starting time, all boats "take off ” to various areas of the lake. They fish around the lake for six or eight hours, then again congregate at a single designated location for "weigh-in" and awarding of prizes. They then disperse to the location where they put their boat in and exit the lake. This process potentially generates congregate activity at multiple sites around the lake vcr>’ early in the morning. Our Police Department indicates that the fishing tournaments them.selves are generally well run. but because they use up parking spaces at the landings early in the morning, the rest ol the [.ablic wishing to trailer a boat to the lake has to park in areas that create problems. In essence, the general boating public pays a price in decreased access to the lake when there is a fishing tournament. However, who is to say which activity Is more important or should take precedence? The permitMicensing processes perhaps serve as a forewarning to regulatory agencies to expect increase activity on a given day. provide a means to advise touniament operators of specific requirements, and might even be a method of avoiding conflicts if multiple tournaments are proposed on the same day. A comment was made at the January 5th work session that the City should regulate fishing tournaments both at marinas and public landings. Tliis is the City’s current practice under Section 6.08 "Parades and Special Events". The B-2 zoning standards do not currently specifically address fishing tournaments. Dock Location/Constniction Regulations Neitlier the Orono Zoning Code nor the State Building Code contain specific regulations regarding the location or construction of residential and commercial docks. IJvlCD regulates the location, length, configuration and use of both residential and commercial docks on Lake Minnetonka, but contains only a few general statements regarding their construction and maintenance. It notes that commercial docks must comply with all "local, state and federal regulations" and that commercial diK'ks shall be maintained "in a structurally B-2 Code Review Januan' 25, 1994 Fane 4 sate condition and in a neat, clean and orderly condition at all times. Elsewhere in LMCD s code, it is indicated that "any structure may be constructed ot such materials and in such manner as the owner detennines. 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 . The LMCD has the authority to order removal of "hazardous" stnicmres in the lake. i.e. those which are hazardous to navigation, but doesn't address dock safety. Orono Building Inspector Bruce V'ang notes that all dcK'ks by nature are probably "unsate" and arguably would need total perimeter railings to be considered sate. Neither Orono nor the LMCD get into dock construction aesthetics, although LMCD does have some regulations regarding the use of boat shelters or canopies. A copy of LMCD Code, Chapter 2 "Regulation of Stnicmres within the Lake" is attached in its entirety for Planning Commission s intormation. Lake Maintenance Opu-tioi.s Base A lake maintenance operations base might be defined as including the following types of activities.loading and unloading barges or large boats used for general hauling. dredging or rip rap operations, servicing and installing boat lifts and docks •A base for weed harvesting equipment to be benhed. loaded and unloaded •Operation of a marine fire department All of the above activities might include storage of materials and equipment on land, but likely do not create a high demand for customer parking. A question was raised regarding the barges at Gayle’s Marina. Those barges were used in conjunction with the dredging Gayle did a few years ago. The City has notitied him in writina a number of times that "operation of a dredging business" is not allowed in the B-- district. He claims that those barges are for his own use and he is not operating a dredging or barge business. Uke maintenance operations have to be based somewhere on the lake. They arc potentially an eyesore and a nuisance if located next to residential property. Additional Information As of this writimt. I have yet to obtain marina zoning/licensing intonnation from non Lake .Minnetonka municrpalities. but hope to have some infonnaiion available at the meeting on February 2nd. ch �· ce er 15: • • • Be i• • • ta PR 0 -- G CO 1 • 1 EDL �t!a.TECT TO .:tff'ft(fY.-\1:) eVIS� or Session) rev·e of ..,, 0/93 ra ·am!. d ent, concentratin on: ?-rmitted ses ( ) A cessory S • C n 10 a. ses ( ss l ese use s t -j e ra 1n us ... 0 ... , ate c i, I a. r le ses . Shou so .. ses n... hie. uses nee:d 0 e s c • 'ic er onnan e s n a s. . • I . o r�v1e 0 er a, e Cl I 0 � Ja a 5(,Y-2 e lJ. 1 e): or' Sessio ) • ev1e :• • • Par ·n ·equire ens (Subd. ) ards (S bd . Lands aping arezis (Subd. 10 • ea ei=h . loc aod . ard re ,uirements (Subd. :) • Staf to re ore 0n discuss·on it c·t. At or cy re: ot nual for an Ji its 01 Februa requLr ng .0cTenlat've): •Rev·e : � ? ._, ....l au e): ( • Re· i w: . . . anges o ex1sun cona ions a annas. (Work Ses·ion) • • • or Se s·o • • •• • Genera erforma.nc: standards (Subd. 1 ) Seba • ar ver nd tree remo Drainag (S ) ) on-onforming ses ·su d. • 5) aria ce.s (S b •. 6) al regu ations ar·ances o re _uire • andscaping are:is (Subd . e ation re lat n ::, o . . . ocks. t . (Su' d. ) Re.ere e to o e.r ordinances (Subd. 19) Sub. 3 • o seiDe 1 ·uons/L. �:ise Required/ Applica ion (S bds . arch _ l (Regu ar eet· g) 1-4) •Hal public hearing on B-ra • ro osal. •Result may be: 1.Se d o C un i1 / 1 / 3 or :.nal considc Lion and ado tion . S • e le a fur er Pia re·11s1ons. mm1.ss1on me�ting o consi 'er ditional LIST OF POTENTIAL USES - 11 2 ZONE(DRAI'T ONLY) PER PLANNING COMMISSION DISCUSSION 12/15/93PEMlilTED USESRental of in-water boat slips ("wetstorage")Sales of boats, motors, trailers andmarine accessoriesRepair and servicing of boatsOn land storage of boats, ^imimcr andwinter ("dry storage") Marine fuel sales Bait aird Hshing tackle sales AS &OVTS ACCICSSORV USES(Must u secondary to apermitted or - onditional use)-Signs-Hoat bead pumpout^;"^n^sbing tomnanKntQ-Sale of prepackaged foods-I^ive shops-Clubbousc-Sailing schools, etc. -Rental of boats -One caretaker dwelling unit —Ice-akH twg-<s(rle8 ->Hrd femd ■of equ ipmetu. providing ■link uii lake)' -Sailboard sales/rental_____ -^bi)ggi>u/x-c ski sales/rental^ CONDITIONAL USES ^Snowmobile salcs/rcntal/scrvice (^- Strowmobile lake operations basey Ice fishing •0(}uipmcnt and iiuti!»t!!!> - calttc/rentniyact^ee-lacklg- sales >■ Pcraonal w atercraft— *a loc/renttd/3crvi cc Cbmtmffs tice jirlcs -Para sailing—srdes /t-enltrl/aerYiec-and- opeHTtionu btiiio -Ice boating - sales/rental service and operations base Arriomobile winter necc9»- -Concept of "nsM'jciined"ieLiLaiicjn.tl’ -u aea"- ■ -Boat clubs-On-dematul launch of customer’s boatstored on-si-Transient boat launching^ClVanef boat port-of-call ^-Lake/lakc structure maintenanceoperations base Uestairrant 3 -Cigarette sales -Sale of 3.2 beer or "set-ups" p'O-coWCAUSlO^ r c.^3^ 5_ Sued, 8. Parking Rcquu-:m:nts. Within the “B-2" Laksshore BuaLisss Distric' th= off’scr^tt naricne facilitiss shall be sufficiint jo eijiunate any trafrlc or parking congestion likely to be'eausen by the business conauoted. me parxing areas fsay nili r.ot be hnr provided wirh aorrooriare scormwater runoff oual:rv/guan^l^^• contr?|? a^jH Ih r-^„ir.d in this charter. The minunum parKing requirenaents shall be as follows: A.SU parking spaces shall be provided for each ten boat slips water or on land. 3 M leas: eight off-sneet parking spaces, plus one additional space for eacn SCO souare feet of Coor area over 1.000 feet, including warehousing, and ail outsice sales and storage areas related to the sales and rc.'yice runctions. C If the oroDOsed use is to include the launching of boats owned by public for lie day from Iraiicrs f' >^oa. Uunebinu. Transjeng .=n add.uonal auto-trader parking spaces shall be provided for each rainp. r... .mnn.e-t u.u != to L-.cit.de a cffirter bt^ar rorr of rail one additjog^ parki nr tpace for cacr.^a ts o. arofa chafi ^;;; parking and shuttle ser/ice sna il be orovinefl to —----------- E.Thz reoutred parlddg s?a«not be separated by a pubHc roadway — * ria.^0- or T~am n fhgv 2XC SCrvc,from the dock, a storage space, moonng space, flooa -u - p c>-3uired off-street oaridng space may not be utiiizcd for open storage “■ or •, _____ ,u,f - .1 I C:--r- • -n during the winter storage1* srerag* or ooats. extent that ...aii — -- - ■ • • jU Ui Wiwo—a. . _ ____ nr SnaM! nroviQsd ?. ^ Parking may cot be allowed in any required yard or landscaping area. r-,„ir,vee rirt-jr"'ball be in a^ition to th- narking spac er prtiired above. The numner of emoinvre panong --------- phn to be keoc on file with the Ciev, '"ubd. &r 9. Yards. Tire rainimum required yard areas for the distne: l-eouLred yard. r Sued. ISi Landscaping Areas. In addition to the landscapLcg required in the reauired yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A.The .Tnjiinum landscaping areas shall be as follows: 1.The lakeshore landscaping area shall be an area that is parallel to the entire laJceshcre adjacent to the licensee naarina operation and equal to lOfo of tne average lot deoth, but in no case snail it be iess than 10 feet nor more than /d reet. Breaks in ne !a.a-s<-3yLng area for access to the lake shall not e.\ceed an aggregate width of 30 feet :or eacn m.amn operation. 2.Side yard landscapbg area shall be an area bat is parallel to the side lot line and not within the lakeshore iandscapLng area or front yard landscaping area and shall not be less than 10 feet deep. 3.Front yard landscapi.?g are.-, shall be an area that is parallel to the strc"' or ooposite tlie lakeshore landscaoing area and shall not be less than 10 feet deep. Breaks in be landscaping area for access to be public road shall not exceed an aggregate widb of 50 feet lor each marina operation. B.Tne deuded landscape plan for each landscaping area shall provide for a natural woods area coctabbg primarily evergreen and deciduous trees not less ban six feet in height. Shrubs not less ban rwo fee: in height shall be bterdispersed among be trees so as to eventually provide, at maturity, a natural screen bat will not be less ban 50% opaque during e summer months. No uses shall be allowed in be landscaping area except be requued landscapmg and access roads. A privacy fence may be required in addition to be natural landscaping which h^ beta planted to meet be requirements of this dismict. rne use or any fencing s^iali not satisfy ^ recuirements of oroviding natural landscaDliag and solid visual screening. Any yard area requinng lan'dscamng to meet be requirements of bis district snail be planted wib nursery s:cc.<. baUed and bagged trees ai:c shrubs. .•^JI landscaping snail be maintamec m a heaiby g.owing wonciacn. C.All be rccuirtd imnrovcments in be landscapmg will be cempieted prior to.be date of isruance of an occu'pancy ct.-tificate or as oberwise provided by bis Chapter, whichever date occurs first. D..All landscace areas shall he .sufflcientiv delineated bv bemning. curqin.^ or other aceeq^^"'" n’nvcir.i as to eliminate the encroachment or venjc.'e boat stora.e. and^.er materials or ecu^-nt storage intp the reouiiedjand^ areas. ^ .Ail proundcQver in t.he recnired landscaping areas jhall he natural hviag materials, such as grass or other b!! ii.juircd wib plastic- fabric or other weed inhibitors, shall consnrute no more—ai]_J —io I_£ __ landscape areas. in heigac. Subd.-^ J[2^ Area. Height, Lot Vt'ldth and Yard Rcquiremeata. A.Height. No stnicoire or building shall exceed 2-1/2 stories or thirty feet 3.The following minimum requirements shall be observed; 1.Lot Area - 2 acres. 2.Lot Width Parallel to Lake - 200 feet. 3.Lot Width Perpendicular to Lakesfaore - 200 feet. 4.Lakeshore Yard - 75 feet. 5.Side Yard - 10 feet. 6.Front Yard Along Street - 30 feet. 1 1 rn r * 'I \ X .V .V '> 4^5/ \ T iP ■y. / % V ra"<'r>>-- 1 y \* 0 / / 00 V // J r Ob') / :iv, y»4' / f rf ^ y / / / / / // / / V. .O I 70 00 ■ S8?*^ "E ^ >J ^4 / // . i O'tOl ^ 'i'- ^ \- 0» ‘ It A : I V • . ■iS^t-i- ‘ I* V .u:—•t •A (0r O V* lAJ V-» 41. ^ • b JC •Xo iP fi ^ ' \ •) ■BPIiP^frai r..i ii. •■ ■ ;' m4.'............. II N s LroiJ-ia ^.j •- I w isjOi >|W<. ni 1 -t w » /oot- 70.00 S67*52WE V\ il // ./ • 5., k M-t , . : . , : . : v 0 // / # / / / / ^ ro « / // / s' i i 5 • ' ' lo op S87*S2*QQ’g 00;'' I ^0 / otol ~ ^ * ‘ ^,.VvriK: ^^ ••'•• - . • •. \ •:• !•' ?.. » • Vi: • : . 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I/. lira j ■ui!; ^ ;• I * V\Ji »'•’*,I , rA * • . .1 V '»•I ,:u: ^ {[I wi'.’ f • I IlipSit: 'yKv'i'v^-'^’V- K-ViV'' '••r“ »• ‘ • • •'! • l•‘•••» Jj; ^ xi.V;^^^V-/> VV-* ••7/n ■■ ■ ■ S ;:,;:-fen ■ ■ ••• • ;*•'■:•. ^ - • • . -i . f*>•• •’* * .? •I-*/.- 1 > \ •• • .• •• -.1/ * • K* 5? $ . • r • H *'» • ■ r *• • >” ‘ I 1 » *V |L'_ • . .. • ••>, m-y .•.•• ••:.'■ ,: • /a //u :/ . . ^ ',:... -.-.'.f :, • .. • ■ '•»■ ■ ' >. ■•• -I'l.'i'l’r/ I ^ • A79r>; /,uof Sec 10. Hi S'2 ty^ Sabd. 5. Parking Requirements. Within the "3-2 Lakeshore Business District the off-street parking facilities shall be sufficient to eliminate any traffic or parking congestion likely to be caused by the business conducted. The par<ing areas may not^ ^ Q ^ ^ ^ J W W • • ^ w — — — • • • • ^ - ^ ^ ^ ^ paved. The minimum parking requirements shall be as follows: A. Six parking spaces shall be provided for each ten boat slips on water or on land. 3. At least eight off-street parking spaces, plus one additional space for each 300 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related tc the sales and service un ions. r If the proposed use is to include the launching of boats owned by the public for the day from trailers, ten additional auto-trailer parking spaces shall be provided for each camp. D. The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space, or ramp they are designed to serve. E. Required off-street parking space nay not be utilized for open storage of goods or for the storage of boats, except that from October 1 to May 1 each year, the required off- street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area. F. Parking nay not be allowed in any required yard or landscaping area. Subd. 6. Yards. The minimum required yard areas for the dist^ct shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with a detailed landscape plan. Subd. 7. Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be Landscaped in with the following provisions: accordance A. The minimum landscaping areas shall be as follows: 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average lot depth, but in iio case shall it be less than 10 feet nor more than 75 feet. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation. 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. 3. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than 10 feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. B. The detailed landscape plan foe each landscaping area shall provide for a natural weeds area containing primarily evergreen and deciduous trees not less than six feet in heiuht. Shrubs not less than two feet in height shall oe interdispersed an>ong the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50% opaque during the summer months. No uses shall be allowed in the landscaping areca except the required landscaping and access roads. A privacy fence may be required in addition to the natural landscaping which has been planted to meet the requirements of this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, bailed and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this Chapter, whichever date occurs first. Subd. 9. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height. observed: B. The following minimum requirements shall be 1. • 3. 4. 5. 6. Lot Area - 2 acres. Lot Width Parallel to Lake - 200 feet. Lot Width Perpendicular to Lakeshore - 200 feet. __ Lakeshore Yard - 75 feet. Side Yard - 10 feet. Front Yard Alone Street - 30 feet. Subd. 10. Regulations. Setback, Hardcover and Tree Removal A. Lakeshore Setback Regulations. The building setback from the shoreline shall be 75 feet. B. Setback to Residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining property line which property is used for residential purposes. C. Setback Along Streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. Within 75 to 250 feet- of the shoreline there shall be no greater than 251 hardcover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. L V s 10 - , «^,,aro DCT froot foot of bullding, plus one square fron\ foo^of property not occupied by a building. No [^divfdu'al sign sllface s'^all exceed 100 square feet. Source: Municipal Code Effective Date: 9-14-67 D "3-1" "B-^" and "3-4": Height. Within the principal building. Source; Ordinance No. 172 Effective Date; 1-1-75 off-street parking facilities in all use districts. Source: Ordinance No. 172 Effective Date; 1-1-75 B. Parking Requirements Waived for Construction on September 14, 1967. Structure or °iq67 but building permit has been issued prior to September 14, * ORONO CC 382 (4-1-84) s 10.61 for w^ich -or^has not wUhTn :Tx monIhsn'tVer le'ptaober 16, 1967, and continues to completion . C Existing Parking Not to be Reduced. Off-street r,ari,ina soaces and loading' spaces 'existing on September 14, 1967, fhlll^not be reduced in number unless said number exceeds the requirements set forth herein for a similar new use. D =’loor Area. The term "floor area" for the naroose of calculating the number of off-street parking /Paces shall be the net usable floor area of the various floors, devoted to re?til satis, services, office spaces, processing and tLrioatiin exclusive of hallways, utility space, storage areas Other than warehousing. p Seat In stadiums, churches and other places of public assemblv^'in which patrons or spectators benches, pe<^s L other similar seating facilities, each 22 inches of such ^eating facility shall be counted as one seat for the purpose of determining required parking. ^ Size of Parking Spaces. Each parking space shall be not less than nine feet wide and twenty feet in lengtn and e^h space shall be served adequately by access = * ^ purposes of calculating parking space requirements, ^ ^ for one vehicle shall equal 300 square area including access drives.space maneuvering feet of storage and accessory of commercial vehicles G. Commercial Vehicle Parking. facilities accessory to residential use shall vehicle xiay be parked at the residence of the owner or said vehicle. Under no circumstances shall g^orage to residential structures be usea for oP®" nor for open air parking for purposes of automobiles belonging to the employees, or customers of business or manufacturing establishments the home occupation permitted for that property. H. Location of Parking. Required parking in the "R" Districts shall be on the same lot principal building. Subd. 5. Setbacks for Parking. na^^setback parking in all districts shall meet the follow g requirements: ORONO CC 383 (4-1-84) S 10.61 A. "R" Districts. Within all "R" Districts all vehicles norniallv owned cr kept by the occupants on the premises must have a garace stall or open parking space on the same lot as the orincipal use served. Garace stalls accessory to residential lot line subject to Section 10.03. Open parking spaces on lots must have a location other tnan a required yard except that such vara t o within ten feet of anparking may be located in a rear , ,. i^^terior side lot line ana to within ten i.eet of a rear lot line. Sourc A ••Municipal Code Effective Date: 9-14-67 B. "B" Districts. Within the "3-2" District parking may notbe allowed in any required yard or landscaping ar«a. Within the "3-1", "B-3" and "3-4" Districts parking spaces and/or garages shall be located in areas other than a required yard except that parking may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an "R" District; then the setbacx distance shall be the same as required for the "R" District. Source: Ordinance No. 172 Effective Date: 1-1-75 C. "I" Districts. Within "I" Districts, off-street parking spaces shall be not less than twenty feet from any street right-of-way line nor less than five feet from any interior side lot line or rear lot line, except when a side or rear lot line is abutting an "R" District. Then, off-street parking shall be not less than ten feet from said lot lines. Subd. 6. Joint Parking. Required parking facilities serving two or more uses in the "3" or "I" Districts may be locate on the same lot provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use and provided: A. The proposed joint parking space is within thirty feet of the use it will serve. 3. The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and, C. A properly drawn legal instrument approved y the City Attorney, executed by the parties concerned for of off-street parking facilities shall be filed with the i y Clerk. Said instrument may be a three or more party agreemen including the City. ORONO CC 384 (4-1-84) r s 10.61 qnbd 7 Control of Parking Facilities. When required «ff-’«;tr^et oarkinq facilities are provided elsewhere thanaccessory off-street parking located, written on the lot on for off-street oarking shall be tL C so the required nunbet o£ oC£- i^rltina soaces during the existence of said principal use.street parking spaces auri g closest point shall be located norl'^thariOO telt from^ the preniises nor niore than 300 feet from the principal use or building served. . ■ b^^tl uted 0;^^ ItocagI ^ot goods or for the storage of vehicles which are inoperable, for lease, rent or sale. Subd. 9. Design and Maintenance of Parking Areas. A Access. Parking areas shall be designed so as to provide an adequate means of access to a public or street. s!id driveway access shall not exceed thirty feet in width at the oMhlic walk c-nter line and shall be so located as to cause the interfer^ncl with traffic movement. All off-street parking spaces shall have access off driveways and not directly o^ o a public street. B. Fractional Spaces. When the determining of the ruimber of required off-street parking spaces results in a fraction, ^ch fractiorof one-half or .ore shall constitute another space. c. Sians. Signs located in any parking area necessary for orderly^operation of traSfic movement shall be addition to accessory signs otherwise permitted. D. Surfacing. All of the area ^"tended to be utilized for parking space and shall be surfaced with material to control dust and drainage. E. Lighting. If lighting is provided it accomplished in such a manner as to have no direct source visibie from the public right-of-way or adjacent Ian . F. curbing. All open off-street P^^f^^Vidri designed to have head-in parking along any lot line ^hall pro ^ t!re%umper or curb of adequate height and ensure that no part of any car will project beyon setbacks. Subd. 10. Required the^minimura principal use of th%structure served is as listed, parking facilities (open or enclosed) shall be as shown. A. Sinale Family Dwelling. Two unit. 3. Multiple Dwelling. Two per dwelling unic. ORONO CC 385 (4-1-84) 5 10.61 C. Motel, Motor Hotel, Motor Court or Hotel. Four spaces plus at least one parking space for each guest room provided in the design of the building. D. School, High School Through College. At least one parking space for each seven students based on design caoacitv plus one for each three classrooms. E. Churches, Auditoriums, Undertaking Establishments. At least one parking space for each four seats based on the design capacity of the main assembly hall. F. Theater, Athletic Field. At least one parking space for each six seats of design capacity. G. Community Center, Post Office, YMCA, YWCA, Physical Cultural Studio, Pool Halls, Libraries, Private Clubs, Lodges, Museums. Ten spaces plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. H. Hospital. At least one parking space for each three hospital beds. I. Golf Courses, Country Clubs, Tennis Club, Public Swimming Pools. Twenty spaces plus one for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure. J. Day Nurseries. Four plus one for each 500 square feet in excess of 1,000 square feet of floor space in the principal structure. Source: Municipal Code Effective Date: 9-14-67 K. Office Buildings and Professional Offices, Banks, Savings Institutions. At least one parking space for each 200 square feet of floor area. Source: Ordinance No. 172 Effective Date: 1-1-75 L. Drive-In Establishments. At least one parking space for each fifteen square feet of floor area in the building. M. Bowling Alley. At least six parking spaces for each alley. N. Motor Service Stations. At least three off- street parking spaces plus two additional off-street parking spaces for each service stall. O. Retail Sales and Service Establishments. At least one off-street parking space for each 150 sauare feet of net floor area. ORONO CC 386 (3-1-84) 5 10.61 r. Restaurants, Cafes, Bars, Taverns, Night Clubs. At least one for ^^•f2rt'^St'or^e,°App^ Store, Warehouse 15.000 rioo. .re. ^ arar.no.se. sluTe "feft in ^cesV of 500 'square fees of floor area in the principal structure Shop for Trade (employing anu otri.vi.wCf jjww*4^ oeoole or Loss)f Garden Supply a^s"iJL''4"=r%’aUoU\"uVes.°^r/lfasi' flf“e=n S?l-^\Tee"°rr'.ir,%paces, square feet of floor area over 1,000 square feet. T. Manufacturing, Fabrication or Processing of a Product or_ Material, ^t }east four One square storage. Subd. U. Application of Loadinp The regulations and requirements reg 'non-required loading andunloading =hall apply, to the required ^ non requir^^ application unloading facilities in all obtained, one loading of these ®f!”iH°""o.^onTf one-^^^^ or more, and nosoace shall be provided for a fraction of less than one-ibading space shall be required for a fraction half. Subd. 12. ''Oo^ = i°" o£*two''°s«ee? berths shall be 25 feet or more 't occupe any yard right-of-way lines. Loading berths shall not occup. requirement bordering a street. Subd. 13. Sice of l^s^s^^^han^^lVfUt specified the first berth required b*-rths shall be as in width, and 25 feet in length.^ . in wid^n and 25 feet in specified, but not less than 1.; feet in . . £ 14 £.et or length, all loading berths shall maintain a height or more. Sul.d. 14. Access to Loading g^to public^ street shall be loc.'ted with appropriate ..2 ^h traffic, or alley in a manner which will least interi.ere ORONO CC 387 (4-1-34) SEC. 10.40. B-1 RETAIL SALES BUSINESS DISTRICT. -------------------------------------:> S 10.40 Subd. 1. Purpose. The "B-1" Retail Sales Business is intended to provide a district for businesses that supply- commodities or perform a service primarily for residents in the surrounding neighborhood. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Subd. 2. Application. All applications for a building permit in any "3-1" Retail Sales Business District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-1" Retail Sales Business District, no structure or land shall be used except i-or one of the following uses or uses deem.ed similar by the Council: A. Retail and Service Businesses. The following neighborhood retail sales and service businesses supplying commodities or performing a service primarily for residents in t. e surrounding neighborhood: 1. Arts and school supplies store. 2. Banks and insurance companies. 3. Barber and beauty shops. 4. Bicycle sales and repair. 5. Books, magazines, record shop. 6. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise. 7. Dry cleaning and laundry pick-up stations including incidental pressing and repair. 8. Garden supplies, ^lorist shop. 9. Gift or antique shops. 10. Hardware store, paint store. 11. Hobby shops, camera and photographic supply stores. repair stores 12. Jewelry shops and repair. 13. Laundromats. 14. Locksmith. 15. Music, radio, TV, appliance sales and 16. Newsstands. 17. Office supply store, office machine store. 18. Pet shop. 19. Pipe and tobacco shops. 20. Plumbing, electrical, heating, housewares. furniture, carpet store. ORONO CC 332 (4-1-84) r S 10.40 supplies. lots . 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Postal substation. Real estate sales. Retail food of all varieties and ho me Sewing center and yardgoods. Sporting goods store. Tailor shop*. . Teniporary sales such as Christsias Travel .ureau. Variety store. Wgai"j.ng apparel storer shoe store. Off-sale Liquor Store tree Source: Ordinance 29r 2nd Series Adopted: 2-23-87 3. Municical Buildings. MunioiFal buildings where the use conducted is customarily considered to be an office use. thin the "B-IJ ^Retail T ....... i~i I I I Tl' I III I ■ itT land snaill\\%\“o"t?:::r;;ru%^%‘«;epr£y--=-o-nd-itional use permit: A Garages. For the servicing and automobiles provided repair functions are totally enclosed building. Stations. Subject to the provisions set forth in Section 10.61, Subdivision 18. -- - -- C. Restaurants (Class I). Food is served to liquor sales are permitted in Restaurants (Class Source; Ordinance 67, 2nd Series Adopted: 5-8-89 D Restaurants (Class II). Fast Food, Convenience, Drive-in, and iiquor Store Restaurants^ th^LirioS^a^^ "counter rn'°pa=’iag°e^ ^“le^rred to Yeave ?£Ut-ises to be consumed:^ feirr-d^es-rrf Tow' !TTrTerTeT?"Tr'^Te\{auTants which serve intoxicating liquor or have live entertainment. principal siteTf rTTn t'he ’ J^TTistr'icT^nrsubje'c? tT thoTe'SrnSi^ions as s« forthTn section lO.eT, Subdivision 4 and such other conditions as found necessary by the Council. (4-1-84) ORONO CC 333 O/'KO /J 0 A/Ki.( lake M NNETONKA CONSERV^JOI^DlS,TRIC 900 EAST WAY2ATA BOULEVARD. SUITE 160 • WAVZATA MIn C^OTA £539! • T£L£FHCNfc3bl24r3•r033 EUGEN^ R STROMME^^ Ea ECUT iJe DIRECTOR June 11/ 1993 BOARD MEMBERS David H Cochfan. Cfiair Mr. Bob Golle Greenwood Viking Bassniisters or Tom Pern. Vice Chair 145I6 Monterey TcHKd 63y \M\i 5% 7 flOcugtas E 3at>cock. Secretary Savage J / o Soring Park Scott Carlson. Treasurer Minneirtsla Mike Eloom fvlinnetonka Beac?i Aiberi (Bert) Foster Oeepi^aven James N Grair.woi Excelsior ^oEllen L. Hurr Ororo William A. Jonnstone Minretonka Duane Markus Waycaia George C. Owen Victoria Rcoerr Rasccp Shorewocd Tom Reese Mound Robert 5. Siocjm Woodland HN auM 1' 6 CC3 Dear Mr. Golle: Shore Drive Marina, Maxwell Bay. The Special Event License is granted subject to the following stipulations: 1 Perinit requireitients of the Hennepin County Sheriff's Water Patrol, the City of Orono, H^nepin Parks and the DNR Fisheries must be met. 2. Use of starting guns or bull horns is not permitted. 3. participants must be notified in tourna ment rule s a. prior to launching in Lake Minnetonka, watercraft that have been in waters infested with zebra mussel, which includes th Mississippi, St. Croix, and St. ^ouis Rivers, and St. Louis Bay of Lake Superior have been thoroucrhly dried or washed-down ^ith hot water at least 140 degrees, inside and out. b. when leaving Lake Minnetonka, all lake weeds must be cleaned from watercraft, including wet wells and internal areas, bait/tackle containers, and external areas including trailers. 4. Participants must be notified ^ ^^rP}?iiicfb^ that they are required to comply with applicab LMCD boating ordinances, copy _ particular importance are ^Leds watercraft speed ro 40 mph, with ng —^—,~hj»nnels within ISO* of lake shore^including all channels^ and noise to 82 dbA. 5. Ease-Off must be staggered in flights than ten at no less than three minute intervds. Viking Bassnasters of k.N, 6/11/93, Page 2 6. 7. for the event visible firon the hours after the event. All signs nust comply with city ordinances. °*^°conDliance iith'^the'^above stipulations, b! Hom °£ the DNR pernit being submitted prfor to the ewpQ Special Event Report, = • ?Srm‘^;?^i!del"be?nrsuhmitted by October 18. d A^copy of the DNR tournanent fishih^report being submitted by October 18, 1993. a.- „ -ira oiir "Save the Lake" program is Ipprecia?ed! Best wishes for a successful event. Sincerely, lake MINNETONKA CONoERVATION DISTRICT Eugede^ R. Stronunen Executive Director end: application. Event Report, summer rules c: w/appl: Sheriff's Water Patrol City of Orono DNR* Fisheries c: J. Hurr . B. Foster, Lake Use Chair C.O JUN7 1993 Lake Minnetonka Conservation District LMCD Fee # OPEN WATER FISHING SPECIAL EVENT ■L-M C.Q ■(for LMCD use) Because this fora is ! to be copied* please ! use black ink or type.! ■ OPEN WATER FISHING CONTE ST/TOURN.\MENT APPLICATION: SPECIAL EVENT LICENSE,, ... « • ioO (Phone number) '70 rs nit. 1 - i ‘ ^ ^ (Phone number) (Respcnsibl. party. It ditl.renL Uom applicant, j£ „„ answer, call (Address) U (Name of applicant) (Address) (C„|U, - 1. Name and description of event c/^li— ^ -s f * ^'/Vt - ^_*/■ T Lake a^..(c)^/^|| 1'.*KV ,jf LMCD Number(s) (see map) _/ ' - -i-i-— ————^ ^ . 2. Point o£ access (note on enclosed map)J'--fl. Arn(^rLi 3. Event data - attach additional sheets if necessary. a) Date(s) OCrpT: b) Time of dav -- - - - c) Participant’s entry fee: $ /S OjJ d) Total prizes to be awarded - - - - -— ^ e) Location: Ease-0ttJjj2£jLS}l^^—/Vv -,/V^r^dl ^ Weigh-In fijor 1L f) Estimated number of watercraft—^■£'' -.b_=r- g) Estimated number of participants ( persons )_.,.^------- ^ ^ — A nn land through the affected city. h) Whar parking provisions are arrange . ; / .3..^ .- ./ i) How aCe event supervisors identified j) If event is for a tournament or contest, rules must Check so indicating (/K )• dM,- - - - - - - - --w • m ^ • Lake Minnetonka Conservation District Op« Hat.r Fishins Cont..t Special Event License Application - - -!- -^ (Event) Page 2 t? 4. 5. 6. 7. 8. 13. 14. 15. 16. V s* ii«ed to (a) delineate vour area of operation, and/or event conclusion. Describe effect on Lake water quality ,A> Describe litter control C II——A 1 ij/^i .-'t A will any portion of this .v.„t b. conduct.d on shot.? describe i ■** At. an, additional Labe-onentod actlvltle. planned in conjunction -1th thl. event? /L* D If so, please specify. 9. Describe any safety or navigational hazard: M oa^ 10. Describe other safety provisions that are being arranged: Will event require Water Patrol, city, other enforcement supervision?__J^ If so, describe: 12. Will event create additional noise on the Lake?_^^If so, describe: 1,4 ^o<j • ^ r^j-io - will event restrict general public use beyond special event If so. describe: Is event open to the public?—^ - - - - - - - - - - - - ^ Describe how time or place of event will affect intensity of Lake u '■ / /* • / /l V. »> 1 /' / f /;je//-A Public liability insurance: Coverage $ ,/ OOO OOO .CL2 ' r.-imp^nv Li} I,: (continued) Lake Minnetonka Conservation District Open Water Fishing Contest ^ ^ . y ./ Special Event License Application s- i (Event) Page 3 17. All watercraft must have current Minnesota registrations, or appropriate out-of-state licenses as required. . o ► Water Patrol requires your application. A copy is18. Hennepin County Sheriff s water ruti enclosed. . - r»fluire vour applications and their approvals, such as r'DNR'cminsS)! :u;/nu«. .na Kenn,... P.rR. (Co... S.r.ic. 55,-o7:0). 20. P R R S. Pl-s. no»: thi. U for proc.ing of th. appluotton .nd do., nor entitle the applicant to a license. . . . . . . . . . . $ 100 BASE FEE, Includes events up to *♦ days. . . . . . . . . . ^ ^ days over 4 0 SlO/day. . . . . . . . . . . . . . . . . . . . $ /qq " Sub Total ...................................................................................... TA7F penalty applies to NEW events submitted less than ^0 ^h. ev-f, and applies to RENEWALS -baitc.d le«. . . . . ^ ^ ^ ^ than 90 days prior to the event. . . . . . . . . . . . . . . PLUS license deposit, r.fupd.bl., depending upon full complUnc. ulth thp LMOD Code end extent of administratiue, inspection e *. . . . . 10 0 service required. . . . . . . . . . . . . . . . S /^h'> 0~TOTAL FEE ATTACHED. . . . . . . . . . . . . . . -= I certify that the intornation provided herein Pv the District^nd corrLt. I understand that any license granted^»ay^be^ ^ whether or not the Code of the District is oei s Authorized signature^/^f^^/(^^'^^ n..r. ?Ap/'T7 Title Pfe7:inaj:-------------- *■/ Please return this application i,i„„ro„ka Conservation District and attachments toi ^ Hayaata Blvd.. Suite IbO Wayzaca, Minnesota 55391 Phone: (612) 4/3-7033 9/92 Lake Minnetonka Conservation Olstrict 900 E. Wayzata Blvd., Suite 160 Vavzata, MN 55391 SPECIAL EVENT REPORT Please return this fora completed to the LMCD vlthin two weeks after the event. 1. Name of Ev’ent 2. Sponsor(s) 3. Date(s) of Event 4. Total number of participants 5. a) Number of participants from out-of-state b) which states represented_ _ _ _ _ _ _ _ _ 6. Total number of spectators 7. Approximate dollar value of registration fees 8. Dollar value of prizes awarded, if any (include merchandise donations) 9. Age range of participants 10. Statistics unique to this event Comments: Date Signature r Ebte offAlTMENT !‘-*I natukai iescuscis ■ APPLICATIQN TO CONDUCT A FISHING T0URNA.-£NT '»»-Ol5:5.5 It:ST2UCTI0riS : 1. Compleca *il infjrwacion requested below end sign. 2. Sub«xt a C3CV of tbe Tournaaent Rules witb this application. V. The Number of Tournaaent BoaU shall not exceed one boat for each ten acres of water. [•urn«sent /A! AA6S a/= County^ies ) Mast or Ptr*ittee or TYP€J Ititpfiont Muaotr (inciuOt Area Codt) / 75;^777rT7~p7iTrtt»t («0. S Strttt, RF3. So* No^ City. State, Zio Cod*) AAAZ ,'3oy /OO A/)CA/C-J^n Naat or Sponsor ^Organization, fir* or IndiviCualJ flaae of lournaoent oaters and acres: JLa/<6 List P'jDU c Actesses to be used: hi/AiL£,Li ACUSSiS risn Species Eligible:isn 00 ecus yy Will Tournament include catch and release provisions? Yes List iieign>in Stations: isd. 60 I ■ y - - Signat ’jr^of Pcriittee Oat? 3/y^/9^ r HENNEPIN COUNTY SHERIFF’S WATER PATROL SPECIAL EVENT PERMIT REQUEST WRITTEN PERMISSION IS REQUIRED FROM THE CITY OR MUNICIPALITY I IN WHICH THIS EVENT IS TO BE HELD. PLEASE ATTACH WRITTEN PERMISSION TO THIS APPLICATION. THE PERMIT CANNOT BE ISSUED WITHOUT THIS PERMISSION. The following information is necessary to insure the proper and accurate issuance of your permit. Please complete this form in its' entirety, and return it to our office at P O Box 187 (4141 Shoreline Dr), Spring Park MN 55364, as soon as possible. Please PRINT or TYPE. ORGANIZATION HOLDING EVENT: CHAIRPERSON -PERSON IN CHARGE: Address: Phone: (Day) zip. (Night) EVEirr NAME: EVENT TYPE: DATE(S) of EVENT: TIME(S): EVENT LOCATION (body of water): specific area: INSURANCE INFORMATION: A copy of the insurance policy must be submitted with the permit request. The permit cannot be issued without the insurance policy. Limits of liability must be a minimum $200,000 per person & $600,000 per single incident. EVENT INFORMATION (numbers of persons, type of activity, parking location, etc.): OFFICER OR AUTHORIZED AGENT'S SIGNATURE TITLE SEP.SEP I, T^btlitY RELEASE The entity named hereunder through its authorized agent whose signature appears hereunder agrees to hold free and harmless the County of Hennepin and the Hennepin County Sheriff's Department as well as its employees and authorized agent from any and all actions, claims, liabilities or assertions of liability which in any manner may arise or be alleged to have arisen from any and all activities connected directly or indirectly with the event(s) specified in the accompanying special event permit request filed on behalf of the organization, club, or entity, specified hereunder. Name of entity holding event: - - Authorized Agent/Officer t Title: (Please PRINT Name and Title) Date:Signature: Witness; RELEASE.SEP § 6.08 SEC. 6.08. PARADES AND SPECIAL EVENTS Subd. 1. Definition. For the purpose of this Section, certain terms shall have the fOi...owina meaninos. A. "Parade" means any movement of vehicles, persons or animals, or anv combination thereof, which either moves together and as a body so as to impede or affect the free and unobstructed flow of vehicular or pedestrian tratfic, or which moves so tha<_ some part thereof is in violation of one or more traffic laws or regulations. B. "Special event" means any marathon run, block party, fishina contest, parachute ]ump, hot-air bax^oon event, carnival, or any other activity or event which in some way impedes or affects the free and unobstructed flow of v ’ehicuxar or pedestVian traffic, generates parking needs for more than 20 vehicles off site at anv one time on residential streets, not including a public access to Lake Minnetonka, or requires the costing of "No Parking" signs to maintain compliance with traffic laws and reaulations. Subd. 2. Permit Required. A permit shall be obtained f-rom the City by any person corcoration, or other entity who wi^* be noidina or soonscrina a parade or special event. Appi^ication for such permit shall be made to t.he City at least sixty (oO) days in advance of the date on which the parade or special event is to occur unless waived bv the Council. The applicant shall fill out a form provided by the City, stating the sponsoring organization or individual, the route or location, the time of commencemen , termination and the general composition. The application sh^aii. be executed by the individual applying therefor or the cuj.y authorized agent or representative of the sponsoring organization. The permi requirements set forth in this section apply in addition to any licensing requirements set forth in Section 5.25 of this ordinance. Subd. 3. Investigation. The City shall forthwith refer all aoolications for parades and special events to the Police ^hiet tor tlie Chief's consideration. The Police Chiet shax.. review eac application within ten iiO) days. If an application involves State trunk highways, the Police Chief snai.* make necessary ar.angemen with the Minnesota Department of Public Safety for alternate rou ^ or whatever may be necessary. If the Police Chief .inds w.at a parade or event will not cause a hazard to persons or and will cause no creat ineonvenience to the public, ana i- Chief is ablf to make arrangements for necessary direction ana control of traffic, the Chief shall sign the application an re ur the application to the City Clerk. If the Police Chief finds tne parade or special event described in the application ° hazard, a substantial inconvenience, or if the Chiec^is una i ^ make adequate arrangements for direction or control of tra Chief shall return the same to the City Clerk with approp findings set forth in writing. ORONO CC (3-L0-86 ) r S 6.08 Subd 4. Council Action. The City Clerk shall refer the application and results of reoular neetino. The Council niay either ^1) deny .h. permxt, (^) crant the pernit. or (3) grant the perr.it on condition that an Aara t-ire or route are acceptable to at-plicant. Applicant shall have-phrep (3) days within which Co coonunicate his acceptance to the City Clerk. Subd. 5. Unlawful A^'ts. A It is unlawful for any person to harper, obstruct, or icoede or interfere with any parade, parade assembly, Iplcial event or any person, anit^al or vehicle participating in the parade or special event. B It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade or =Pecial event when such parade or special event is in motion, except by direction of police officers directing traffic. C It is unlawful for any person to enter into a parade or special event without prior authoritation from the person in charge of the event. Subd. 6. Removal of Obstructions of Traffic. -ase where vehicles or parking by an activity obstructs traffic, regardless of whether or not the activity required a permit, a Police Officer shall warn the property owner t-ime charae of the event, that the cars must be moved ^^^^''^VAce^^s If the vehicles are not moved in accordance with .he request, the Officer may ticket that person and ^ constitute the traffic hazard. Vehicles <^hat f may be towed at the owner's expense if so ordered by the police Officer. Subd. 7. Exceptions. The following are not required to apply for permits: (1) funeral processions; (2) a aoency acting within the scope of its functions; (3) a private party t.hat is held on private residential Lo s. Subd. 8. Payment of Expenses. The applicant shall pay all extraordinary expense incurred by the City of enforcement of this Section and the City may, money approval of the permit, require that the applicant - . k© with the City in a sum equal to the estimated expense^ incurred by the City. Subd.ouDQ. 9. Permit Fees. All permits provided for in Section shall be issued only upon payment in full rode and other costs fixed and determined in accordance wi Y Section 1.05. ORONO CC 145-1 Ordinance 22, 2nd Series Adopted: 3-10-86 (Rev.09/91) TABLE OF CONTENTS ..m Parie CHAPTER I General Provisionr. and Uniform Procedures . . . Statement of Purpose Definitions . . . • Enactment of This Code of Ordinances . . . . . . . Amendment of This Code cf Ordinances . . . . . . . Conduct of Hearings . Granting Licenses and Permits Variance Penalties Enforcement CHAPTER II Regulation of Structures nothin the EaUe 2.001 Statement of Findings 2.01 Authorized Dock Area Use Subd*. 2 Description if Authorized Dock Use Area Subd! 3 Common Use of Adjacent Dock Use reas 2.02 Shoreline Requirements 2.03 Subd. 1 Subd. 2 Subd. 3 Subd. 4 Genera ^ Otll special P -e for Sites in Existence on^ Special Rule for Sites Established After August 30/ 1978 ...••• * * - * ’ Additional Watercraft Allowances ror Watercraft Owned by Residents .... Multiple Docks, Mooring Areas, Launching Ramps and Dicks in Excess of 100 Feet in Length . . - • Subd. 1 License Required . . . . . . . . . . . . Application for License . . . . . . . . . Issuance of License .... . . . . . . . implied consent to I." U' !construction and Maintenance Standards . Comoliance With Conditions . . . . . . . New^Licenses Required . . • * [ Specifications of Boat Storage Dock Extensions ........................................................... Fuel Sales Facilities ............................................ Service Consoles ...................................................... Lighting .. . . . . . . . . . . . . . . .. . No Vested Rights . . . . . . . . . . . . . Renewal of Licenses. . . . . .. * ’ * * Transient Authorized Dock Use Area . • Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 Subd. 8 Subd. 9 Subd. 10 Subd. 11 Subd. 12 Subd. 13 Subd. 14 Subd. 15 1 2 a 9 10 11 12 15 16 16 16 16 16 18 19 19 19 19 19 19 19 19 20 21 21 22 22 22 23 23 23 24 24 24 24 1. ?/91) Paae 2.04 District .......................!*.!*.!*.*. 1 24Subd. 1 Establishm.nt ..... . . . . . ^5 <;ubd. 2 License Required .. . . . . . . . . . lubd. 3 Ap.’ication for License. . . . . .! ! ! 25 Subd. 4 License ! ' • • • 25 lubd! 6 compliance with Conditions. . . . . . .—6 lubd. 8 Renewal of Application . . . • .. . . . . . . 26 2.045 Off-Lake Storage Facilities. . . . . . .26 Subd. 1 Purpose. . . . . . . . . . . . . . . .. 26 Subd. 2 General. . . . . . . . . . . . . .*...... 26 Subd. 3 Definitions .•••:***' ... 27 Subd. 4 Special ^Requirements ‘ 28 subd. 5 Existing ructures Conversion . . 28Subd. 6 Nonconforming Structure^ uonvet 28 oensiti28 Subd. 2 License Required . . . . . . . . . . . 29 lubd. 3 Application for License ; *. 29 Subd. 4 Issuance of License .... ^ ^ .^2 Subd. 5 Municipal Applicants . .. • • ''22 Subd. 6 Compliance With Condition . • • • 2 subd. 7 NO vested Rights 32 llbi'. 9 No"-Conlorming Mooring Areas or ^ ^ Structures . . . . . . . . . . . . . ... 33 2 06 Permanent Non-Commercial Docks . . . . . . ! .... 33 subd. 1 Permit Required • • ; ’ * * ;. . . . .33 Subd. 2 Application for Permit ... ^ ... 33 Subd. 3 Issuance of Permit. . . . . . . . .^ ^ ^ ^ Subd. 4 Changes to Docks. . . . . . . .! .... 33 Subd. 5 Existing Docks . . . . . . . . . . . . . . . . . . . . . .33 2.07 Temporary Structures . .. . . . . . . . . . . . . . .33 Subd. 1 Permit Required ... ; ' ‘ .... 34 Subd. 2 Structures ^"‘’200' From Shore . . 34c -1 3 structures More Than 200 t rom Lid! 4 SLpliance With Conditions . . • • • • _ 3, Subd. 5 Hazardous Structures ... * 2 08 Illegally Placed and Hazardous Structures^ . • • • ” Subd. 1 Prohibition . 35 Subd. 2 Notice of Removal . . . . . . . . 1 L . Subd. 3 Inpoundment 35 Subd. 4 Disposition of Impounded Structures . . 35 Subd. 5 Other Penalties. . . . . . . . . . . . . . . . .35 2.09 De-icing Equipment • .. . . . . . . . . . . . . . . . .^5 Subd. 1 License Required .. . . . . . . . . . . . . . . Subd. 2 Application for License.....................................Jo Subd. 3 Fee ...••. . . . . . . . . . . . . . __ Subd. 4 Issuance of License • • • . . . . . . . . Subd. 5 Compliance With Conditions . . . . . . . . Subd. 6 Maintenance of Equipment.......................................« Subd. 7 License Renewal. . . . . . . . . . . . . .. Subd. 8 Dams. . . . . . .1 ‘ ‘a* I . . . . .Subd. 9 Permits of Other Jurisdictions. . . . . . .38 Subd. 10 New Installations . . . . . . . . . . . . . . 3 02.10 Nonconforming Structures . . . . . . . . . . 30 Subd. I Compliance With This Code . . . . . . . . . Subd. 2 Vested Rights ••••:*•• 3a Subd. 3 Expansion of Nonconforming Use . . . . . . . . . . . .392.11 Conversion of Use .. . . . . . . . . . . . . . . . . ^9 Subd. 1 Purpose and Policy ....•••• Subd. 2 Classification of Uses . • | .. . . . . . . Subd. 3 Conversion of Use or Slip Size • • * * Subd. 4 Change in Rental Policy * Conversion of use. . . . . . . . . . . . 41 Subd. 5 Annual License Restrictions. . . . . . . . . . . . . . .42p 12 Miscellsneous Provisions . . . . . . . . . . sibd 1 L-se o£ Structures for Storage. . . . . . .42 Subd. 2 Prohibited Structures • ; * *. . . . . .4, Subd. 3 Boat Slips and Slip Structures. . . . . . Subd. 4 Construction Standards . . . . . . . . . . . . Subd. 5 Ref lector ized Material. . . . . . . . . .. Subd. 6 Advertising. . . . . . .1 * * 42-A lubd! 8 Relation w'Municipal’o^dinlnces .... 42-A Subd. 9 Fuel and Power Supply . .. . . . . . .* ^2-b Subd. 10 Structures Not to Obstruct. . . . . . .^ 42-B Subd. 11 Space Between Boats. . . . . . . . . . .* 42.3 Subd. 12 Dock Dimensions . . . . . . . . . . . . . . CHAPTER III. Regulation of Watercraft and Other ... 43 Craft and Vehicles . . . . . . . . . . . . . . . . . . .43 3.01 General Provisions. . . . . . . . . . . . . .. . . . . . .43 Subd. i Licenses. . . . . . .. • *. !_* * * ’ 43 Subd. 2 Careless or Rackless Operation * * * V ] 43 Subd. 3 Obstruction to Navigation ............................ CHAPTER II reg-jlatiom of structures within the lake . 2 00 ’ Of FUdincs. TN.e Beard of Directors or^hrLFCD finds and determines tnat: 3, increasing population and ^evelopnent pressure is and IS likely to continue in the .u.u.e, b, such pressures increase the storage of watercra*. the public waters of tahe La<e; ) There is a relationship bet^ween watercraft storage the Lake and the intensity of watercrait usag The intensity of watercraft and - public waters of the Lake ^ss \h%e..ec. o i„„easin9 aesthetic and ^'nd'anaering the safety of.“«rs :rrhV‘Ls\eV°r\^au;^o3e total areaiof^l^^^^ fhe L^ate^'nd^'o^sTlfel^/ke Vhore.- 'and polluting the Lake i^ ShOr*0« ^i^alcAnd^hp Durooses, goals ana Accordingly, in of th\s Code, the Board has policies set forth m Section adopted the provisions or th.s unap Section 2.01 Authorized nnrk Use Are^. No person shall useSubd. 1. Prohibition -hfs Take outside an authorized dock ings watercraft storage, diving towers, unless su’th the orovisions Oj. this ch . any area o*. use area, iwx docks, moor- ski jump storage or specifically permitted under person shall use any area o. ^ a’-ea for docks, moorings, or diving whothe Lake within any ^nthoriw-ed oock u jump storage watercraft storage, swimming floats, s^k^i^^l person towers without the consent of -'’® on the Lake whether as charge or control of any shall allow any occupant, lessee, or ^gr-c’-aft co remain wiuhin junked, or ^^^^carded wat provided, any dock use area for a period of apply to watercraft however, that this limitation , establishment engaged in S?:hl:-the dock use -sa of a commeroial^est^ „,tercraft whicn is the business of l^tercraf t. SO engaged with regard t ^ ^ M ♦-nT*i z0d Dock Us0subd. 2. Description otAuth authorized dock — is desc.ibe is in owner, tenant, sunken, wrecked. Area use area is follows: c - 'I a) Lenath - The authorized dock use area for sites bovde-ina on the Lake extends into the Lake a distance equal to ►he site^Lakfe frontage to be measured at right angles to the side lines and, exceot as provided herein, shall not extend into Lake a distance of greater than 200 feet in the case of commercial docks in existence on August 30, 1978, and 100 reet in the case o site side commercial extension shoreline other docks to be measured on a line parallel to lines^ as extended into the Lake. In the case docks in existence of the dock use shall be limited less than 60 feet, nay have a whichsite on August 30, 1978, the lakeward area -..ore than 100 feet from the to the distance from shore of the docks in existence on said date and that portion of said docks mure than 100 feet from the shoreline may not be altered o. expanded. A site in existence on February 5, 1970, which has a Lake frontace of 40 feet or more, but nnf'k extending uo to 60 teet into the Lake. Any such haf a lake^ f rontage of less than 40 feet nay have a dock which extends beyond the authorised dock use area to the point sa^rto rLch a water depth of three feet, and no further: provided that no such dock shall be located oi extended more than 60 feet into the Lake, observed, however, unless a variance under Section 1.07. bj Width - The authorized dock use area for sites border ing on the Lake is limited in width by the setback limitations prLcribed herein. The setback from side site lines as extended in the Lake shall be as follows: For that portion of the length of* the authorized dock use area which extends from the shore_ _ _ _ _ _ _ _ __ Zero to 50 feet 50 to 100 feet 100 to 200 feet I H M ^ ^ ^ ^ ^ ^ ^ ^ — - Side setback requirements shall be is granted by the board The setback shall be 10 feet 15 feet 20 feet 1)Where boat slips open toward a side site line, the setback provided shall be at le^Sv. ® 1 ^ the slip depth, but shall not be less than feet. setbacks shall be doubled for all “Le"°whi"e’ /u^cT=nu?tlp?r7ocr/^arf'n^o\ Tocl^ed rcVs?';ro^TdedJ^ however, doi^f ^^n 3”l|;a 3hall bj non-conforming structures and .ohall not be - 17 - es subject to this subparagraph 2.) as long as such structures are not expanded. 3) The authorized dock use area, in the case of sites 50 feet in width or less in existence on February 2, 1970 , nay be expanded to a side setback linitation of ive feet, provided that such setback in no way inpairs access to neigh boring docks. c) Measurenent - Authorized dock use areas shall be nea- sured fron the point which forns the shoreline when the Lake is at elevation 929.4, National Geodetic Vertical Datun, 1925. d) Temporary dock extensions. During peri#ds when the Lake level falls below 929.4 feet and when so declared by resolu tion of the Board, the Executive Director may issue permits for temporary dock extensions beyond the authorized dock use area subject to the following limitations: 1) Need for the temporary dock extension must be demonstrated by tne applicant. 2) The extension shall be a temporery, seasonal type dock. No extensions may be on pile driven or*permanent yearround docks. 3) The extension shall meet all reguir^ents of this Code other than the length limitation described in this section. 4) The extension shall only be permitted during the time the water level is below elevation 929.4 fee*" and, at any given time, shall be permitted onlv to the extent of the equivalent dockage and comparable depth existing at a Lake elevation of 929.4 feet. 5) The extension, together with the original dock, shall not be used to provide storage space for a greater number of watercraft than are authorized under this Code or for a greater number oi watercraft than are licensed if a license tor the dock is required under this Code. Subd. 3. Common Use of Adjacent Dock Use Areas. more adjoining site owners may by mutual agreement side setback requirements or may use their combine dock use areas for a single common dock or mooring area or respective non-commercial private uses, but in any e , observe these side setback requirements at the ou er si ^ of the combined sites involved i.t such a joint use. nnHoT- mooring area located, constructed, installed or main ai - 18 - r ) this provision shall not fce considered a "nultiple dock or rnoo^inV area" unless such dock or mooring area is c''nstructed or maintained for the storage of five or more restricted watercrart. Shoreline Pecuirenents. prov to and tions kjvxzi. restricted wate Subd. 2. Special Rule for Sites in Existence on August 30 1978. Unless a greater number is authorized by the provi- sions of‘subd. 1 above, up to two restricted watercraft may be kept at any dock or mooring facility which is located on a s^te {as defined in Section 1.02) which was in existence on August 30, 1978. subd. 3. Soecial Rule for Sites Established After August oi‘te 'as defined in Section 1.02) established after Augus. 30, 1978, provided there is a residence on the site a.nd the dock and docking rights are owned solely by the residents o^ that si if'all restricted watercraft are owned by and registered t residents of tr;e site. Section 2.03. Multiple Docks, Moorinc_ and Docks in Excess of 100 Feet in Length. Areas, Launching Ramps SuDd. X . struct, install a launching ramp on the shoreline o.. ^he Lake, or of the Lake unless licensed by the Board to do so. ApplicationgnhH 7 ADDlication for License* ^ license shall be made on forms provided by the Executive Director. - 19 - ■X J The appUcation for license shall contain (a) the nane and address of the aoolicant, (b) the description of the property on which the facility is to be located, (c) the name and address of -he owner of the premises, if different from the applicant, (d) -he applicant is not the owner, an explanation of the interest which thV apolicant has in the property, (e) a showing that all requisite permits, licenses and approvals from the local munici- naUtv have been obtained and that the requirements of any other qcvernmental authority have been met, and (f) a plan showing the design and location of the facility including all Boat Storage units. The aoplication shall include such other information as -he Executive* Director mav require to assist the Board in consid- e’-ation of the application for the license. The application shall also be accompanied by a license fee which shall be estab lished from time-to-time by resolution of the Board; provioed that no fee shall be required for applications tor launching ramps owned and operated by municipalities or other governments, aaencies which are available for use by the general public without payment of fees or other charges. An additional deposit in an amount established from time to t^me by resolution or -he Board shall accomoany the application to cover legal, surveying, engineering maintenance or other expenses incurred by^the District. The Board shall 'be against the deposit, and the unused portion returned to the applicant. The application shall state that the applicant agrees to reimourse the District 5^5 ina enqineering, inspection, maintenance or other expenses incurred^bv the District in excess of the amount of the io such deposit shall be required in the case or tions under Subdivision 13 of this Section or new .icense ^PPj-i cations required by Subdivision 6 or this Section which do no require a public hearing, unless a hearing is requested y applicant pursuant to Section 1.06^ Subd. 12. Subd. 3. issuance of License. Licenses required by this sec-ion may be issued after a public hearing by the Boa.d. ”o«edincs for the issuance of a license and the granting of a variance under Section 1.07 may be combined ^ ^ ^ proceeding. The Board may impose conditions on -he g. license, which conditions shall be in writ. a) Review Criteria. In exercising its discretion in granting or denying licenses, the Board may consider, among o- e. things, the following; 1) Whether the proposed facility the LMCD watercraft density classification 2) Whether the proposed facility will be structur ally safe for use by the intended users. 3) Whether the facility will comply with the reg- ulations contained in this ordinance. - 20 - 4) Whether the proposed facility will create a volume of traffic on the La<e in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the Lake in the vicinity of the facility. 5) Whether the proposed facility will be compatible with the adjacent development. 6) Whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake. 7) Whether the proposed facility will aftect the quality of the water of the Lake and the ecology of the Lake. 8) Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons . .s the vicinity of the facility. 9) Whether adequate sanitary and parking facilities will be provided in connection with the proposed racility. 10) Whether the proposed facility general public as opposed to a limited public or a limited geographical area. will serve segment the the 11) Whether the facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public. b) Factors Not Considered. The use of multiple dock or moorina areas or launching ramps on the Lake for the purpose Oi. Tncre2iing non-riparian property values is not a valtd considers- cion in licensing such facilities. Subd. 4. Implied Consent to ^"^pection. By making pp cation for a license, the applicant consents to officers and agents of the district to enter upon the ® premises at all reasonable times to and to determine whether the ordinances of ^eLnt to complied with. The application torm shall this effect. J Subd 5 Construction and Maintenance Standards. Con struction if licensed multiple docks or P°°ri^ areas, lf“"=»ing ramps and commercial docks must Jf'se' ic"l" p?S- federal regulations applicable to 1 and us^ regulatioL vided; municipal zoning, parking and oth reaulations con- applicable to ‘^p-^/7'.„^"to''Lake‘'‘'us\ and^ structures in thetained in this code pertaining to LaKe us _ 1 - ^ A 'i -J Lake. All licensed multiple docks and mooring areas, launching »*anDS and*coinmercial docks shall be maintained in a structurally safe condition and shall be maintained ir a neat, clean and any his (.^uuui. u X w** —-- - - - — orderly condition at all tines. Subd. 6. Compliance with Conditions. A violation condition irnoosed by the Board shall be a violation c* section and gVounds for revocation, suspension or modification o^ conditions of the license pursuant to Section 1.06, Sued. 9. Subd. 7. New Licenses Required. Any change in slip size, ownership, lenath, widtn, height or location of a structure or 'aunchinc ramo requiring a license under this section requires the issuance‘of a new license therefor. The Board of Directors shall issue a new license without a public hearing and without requiring the payment of a fee therefor, provided: a) all information required by the Executive Director has been submitted by the applicant; b) the deck, mooring area or launching ramp is in compli ance with the provisions of this code; c) there is no change in the number of watercraft to be stored at the dock or launched from a ramp; d) there is no substantial change in the slip size, length, width, height or location of the dock or launching ramp, the amount of the Lake obstructed or occupiea by the dock or launching ramp, the use of the dock or launching ramp, or th type of watercraft stored at the dock or launching ramp; and e) the change will not adversely effect nearby proper ties, navigation, safety or the environment. Subd. 8. Specification of Boat Storage Units. a) Specification of Boat Storage Units. At the time of the issuance of a license pursuant to this section, aU author ized Boat Storage Units at the licensed .JJ^the fied by number on a copy of the dock or mooring area plan for the facility. b) Storage Rule. No watercraft may ^ or moored except at the location of a Boat this nated as such on a current license issued section section, and no facilities requiring a license may be used to keep, store, tie or moor a g^ storaae Units watercraft than the total nu.moer of designated Boat Stor g for that facility. c) Special Rule for Transient Facilities. At the time of the issuance of a license pursuant to this Section ror ransien use facilities or portions of facilities designated for transient use, the Board shall specify the extent to which such facilities or portions of facilities are subject to the requ ire*nents of subparagraph c) above. If the Board does not so specify, the following rule shall apply to transient facilities or portions of facilities designated for transient use: No watercraft nay be kept, stored, tied or rtoored except at the location of a Boat Storage Unit designated as such on a current license issued pursuant to this section; however, nore than one watercraft nay be tied or docked at a Boat Storage Unit, on a transient basis only, provided such use of the facilities do not re. resent a hazard to navigation or to the safety of the public nsrna such facilities. _ __ _ _ _ _ __ be tied or docked at only, provided such t hazard to navigation ( using such facilities. Subd. 9. Dock Extensions. No multiple dock or mooring area or commercial dock shall extend across the extended zone line between sites zoned differently by a municipality. A 25-foot addition may ^ a commercial dock for the purpose of fuel sales and related ser vice, but in dock space. Subd. 10. Fuel Sales Facilities, be allowed, in the discretion of the Board, at the cuter end Oi. se no case for the storage of watercraft or rental of Servico Consoles. C Subd. 11 construction and maintenance of service consoles as part annual multiple dock license under this section subject following limitations: Board may authorize the of an to the a) the construction and maintenance of consoles may only be authorized for use in conjunction with the sale of fuel to the public; b) the size of the console one-half feet in height, three feet in length or such smaller dimensions =»s may Board; may not exceed four width and six feet be soecified by and i n the c) the size, configuration, design and location of service consoles may be specified by the Board. The Board will make its decision on the basis of considerations set rorth in Subd. 3 of this section and on the applicant's demonstrated need for a service console for the storage of such items as f;re and safety equipment, motor oil, and credit card machine*; d) Upon application, the Board may authorize as a part of a service console, the construction of a canopy for protection from the elements of the console and personnel engat«*d in related sales of gasoline and motor oil. The size, configuration, design and location of such canopy may be specified by the Board* but in no case shall a canopy; 1) include an opaque vertical surface other than poles and rigging needed to support the canopy, or - 23 - 2) have any horizontal dinension greater than 8 feet, or 3) have a greater horizontal surface area than 36 square feet, or 4) be used for advertising. Subd. 12. Lighting. Multiple docks or mooring areas and commercial docks shall be suitably and adequately lighted in accordance with district regulations. No oscillating, rotating, flashing or moving sign or light may be used on any dock. Dock lighting shall not be directed toward the Lake in such a manner that it impairs the vision of or confuses operators of water craft. No lighting in the area of the La^e shall be installed or directed so as to affect adjoining dock use areas or hazard to navigation. create a Subd. 13. No Vested Rights. It is anticipated that in the future it may become necessary for the LMCD to attempt to make an allocation or apportionment of multiple dock, mooring area, commercial dock and launching facility privileges on and within the Lake, on an equitable basis, in order to avoid overcrowding of the Lake, or portions thereof and in order to balance the many conflicting demands upon the Lake. In order to give notice to licensees that the license does not create any vested rights and that future regulatory actions by the LMCD may necessitate modifying or discontinuing the facility for which the license is granted, each license shall state upon its face that the licensed facility is subject to existing and future density polices and regulations adopted by the Board. Subd. 14. Renewal of Licenses. Applications for renewals of licenses under this section shall be made no later than December first of the year preceding the year for which the license is sought. The Executive Director shall not accept license app’ications received after December 1st unless the applicatic. is accompanied by a late fee, which shall be estab lished fum time to time by resolution of the Board. A public hearing is not required for a license renewal unless requested pursuant lo Section 1.06, Subd. 12. Subd. 15. Transient Authorized Dock Use Area. The transi ent use of d^cks or specified portions thereof may be authorized by the Board for commercial docks. Such docks or portions there of may be used only for transient uses of the commercial estab lishment and no watercraft shall be permitted to remain overnight. J Section 2.04.District Mooring Areas Subd. 1. Establishment. District mooring areas may be established and maintained in the Lake beyond the auth(vrized dock _ -5 i - ) V use areas subject to and in accordance with the provisions of this section. The Board shall permit the establishment of such moor-ng areas in only those limited instances in which necessary to fulfill a public service and in which such mooring areas can be established in such a manner as to preserve the use of the waters of the Lake by the general public. Subd. 2. License Required. Such mooring areas shall not be established, used or maintained by any person unless a license has first been obtained from the District Board. Once establish- ed, all moorings at the facility .shall become part or the dis trict mooring area. Subd. 3. Application for License. An application for a license for a district mooring area shall be filed with the '’xecutive Director. The application shall be on a form prepared bv the Executive Director. It shall state (a) the name an address of the applicant, (b) the location of the area of the Lake for which the license is sought, (c) the type of be use bv the applicant, the number of moorings and the spaoing of mo^’^s, (d) whether the mooring areas will be available for use bv'-ne general oublic, and, if not, the manner in which the use of moori^ncs wilf be restricted, (e) the person or persons who will be responsible for operating the mooring area, (f) the amount and type of public liability insurance which will be maintained by the applicant for the area and (g) any other procedures or regulation^ of v.he ap li can^relating to the use of the mooring area. Such application shall also be accompanied by a map showing the location ° ® propped mooring area within the Lake and such ®^her information as the Executive Director may require to assist th , , consideration of the application. Tpj- the aoDlication apolication, the Executive Director denyto the Board, which shall have sole discretion to grant or d y the license. subd. 4. License Fees. The area license shall accompany the application. 5^® , ^ district mooring area license shall be ^hof ®®\ab^^ resolution of the Board of Directors. of the an amount established from time-to-time y . , surveying. Board shall accompany the application to cover f^in^Xr^ed engineering, inspection, maintenance, .. ovoenses chargedby the District. The Board shall approve all expenses cnarsieo against the deposit, and the unused ^ returned to the applicant. The ^ legal, survey-applicant agrees to reimburse ^^e District tor any^legal,jurvey^ ing, engineering, inspection, «« the depositincurred by the District in excess of the amount o. the deposit. subd. 5. issuance of License. The Board a license for a district mooring area unless it finds that ) J L area will fulfill a public service and will n^t conflict with the general public interest in the use of the waters of the Lake. In granting a license or a renewal of a license for a district mooring area, the Board may alter the size, shape, peripheral limits and density of the area for which the license is granted and the Board may impose other conditions upon the granting of a license for a district mooring area. Licenses shall be granted on an annual basis for a single boating season. Subd. 6. Compliance with Conditions. Locating, maintain ing or using a district mooring area in a manner contrary to the conditions Imposed by the Board is a violation of this section and grounds for revocation, suspension or modification of condi tions of the license pursuant to Section 1.06, Subd. 9. Subd. 7. No Vested Right. No person to whom a license for a district mooring area has been granted shall have a vested right to such license or to a renewal thereof. Subd. 8. Renewal of Application. An application for renewal of a license for a district mooring area shall be made no later than December 1st of the year preceding the year for which the license is sought. The Executive Director shall not accept a license application received after December 1st unless the application is accompanied by a late fee, which shall be set by resolution of the Board. Section 2.045. Off-Lake Storage Facilities. Subd. 1. Purpose. It is the purpose of this Section to provide reasonable standards and criteria under which off-Lake boat storage facilities may be regulated on the Lake which meet current LMCD Special De.nsity License and Dock License require ments, and which are consistent with the most general public use of the Lake, public safety, and LMCD Lake Use de.nsity policies. Subd. 2. General. Off-Lake boat storage facilities may be established on the Lake or existing facilities expanded only after obtaining a Special Density License and a new dock license under the LMCD Code. Subd. 3. terms defined meanings: Definitions. For purposes of this Section, the in this subdivision shall have the following a) "Off-Lake Storage Facilities" shall mean any dock, mooring aiea or launching ramp used by any association in conjunction with the storage of boats craft off the water of Lake Minnetonka. b) "Full-Service Marina" shall mean a marina which- has one or more employees on duty seven days a week during normal r ) business hours in the boating season and provides at least the following services to its patrons, nembers or the public: storage of boats or watercraft, toilet facilities, boat repair service, telephone and emergency towing. c) "Limited Off-La<e Storage Areas" shall mean those areas of the Lake on a map adopted and approved by resolution by a majority vote of all the Board of Directors of the District and on file in the offices of the District in which it has been determined that either a) Lake use density exceeds one boat in use for each twenty (20) acres of water at peak usage periods, or e boats stored in the area areb) twenty percent or more of customarily used in parts of the Lake where Lake use density exceeds one boat in use for each twenty (20) acres of water during peak usage periods. J Subd. 4. Special Requirements. Off-Lake Storage Facili ties must meet, in addition to other Special Density and licens ing requirements, the following conditions; a) Limited Off-Lake Storage Areas. No facilities estab lished after December 28, 1967, may be located in Limited Off-Lake Storage Areas. b) Density. No Off-Lake Storage Facility may be estab lished in any location in which the Board determines that either i) Lake use density exceeds one boat in use for each twenty (20) acres of water at peak usage periods, or ii) twenty percent or more of the boats stored at the proposed facility are likely to be u ed in parts to the Lake where Lake use density exceeds one boat in use for each twenty (20) acres of water during peak usage periods. c) Established Marinas. Off-Lake Storage Facilities may only be established at Full Service Marinas. d) Boat Storage Units. Facilities must include staging docks for loading and unloading which provide storage space in a ratio of at least one Boac Storage Unit on the water for each three (3) Boat Storage Units of off-Lake storage. For each 60 Boat Storage Units or part thereof of off-Lake storage, the facility must have one launching ramp and one launching device. e) Proximity of Storage Location. The storage rack building must be on property contiguous to a full-service marina and the lakeshore. f) Frontage for Staging. Continuous lakeshore frontage for Off-Lake Storage Facilities must be at least 10 feet for each Boat Storage Unit at the facility whether stored on or off the Lake. r ) a) Parking. One car parking space must be provided for each two boats stored at the facility whether stored on o. off the Lake. hi Buildinq and Safety Requirements. All facilities provided must meet zoning, building and fire code requirements in the City in whi-h it is located. Subd. 5. Existing Facilities. All existing facilities which are licensed within thirty (30) days of December .8, 1967, <5hAil be allowed to continue in use and operation, al f^iiities shall conform to the provisions of this Section. Subd. 6. Nonconforming Structures Conversion. Soarsfofage%ni;raf th^ra^ one"-f'or4il fo^ ten (10?‘years from December 28, 1987. Section 2.05. Special Density License. . ®fed that tr'rntens°“y “°"%* Minnlto°n\%"^n5 t^he denlit^of storage on ^nerdocks^a^d"moo^ tates the limitation on the purpose of this facilities provided , dearadation of the Lake, avoid an section to reduce environment . without a corresponding increase in boat storage on the Lake wi^ou boating increase in available 7/;\\V,Yes whic^ enhanc^ the use and public, and encourage fa-i rnblic. The District has enjoyment of the Lake by the given facility will recognized that the I g the compatibility of nearby vary depending on such facwors whether the watercraft uses, the type of watercraft being stored^ deVree of watercraft storage is transient or given area, and the level storage and intensity o. ^ tL public using the Lake,of services or ^^'^nibies available to the ^ The District has determined /trough i ^^ stored per 50 feet watercraft storage density ® ^^^e ^or Lake Minnetonka and of shoreline is generally making provision should be applied to the «^bire lakes^^^^ instances where for a special oensity ^av be clearly demonstrated increased watercraft storage <^«'l^^^7^,.'"7ostaeneral public use of to be a benefit to the Lake and to the most gene the Lake. j M/-i n^»rson shall be issued a Subd. 2. License Required. dock license for a multiple dock or mooring -ft storage density greaterfacility which provides for ^_^^b®j:craf t ^ unless a than one watercraft stored P issued bv the District. Li- special density license bas been issu „^ich includes censes shall not be granted for any faciii y - OP - ) •• J (Rev.1-91) :s"r “‘.ii" .V'. r* if property. qubd 3. Application for License. Application ^ qnpcial Density License shall be made on forms provided by the Ixecitwe Director and shall contain (a) the name and ♦-Ho annlicant* (b) the description of the property on which th fa^l^ “ ti be located, (c) the name and address °£ ^^e °«ner ^oremises, if different from the applicant, (d) if the lir'snF is not the owner, an explanation of the interest whic the^apolicant has"in the property, (e) a showing that site permits, licenses and approvals from the local municipal y havl been obtained and that the requirements Si%i^l.e-tll*n-oi‘rhen ^S^iirUrab?"ied^%%%%°oSn c/ th^^^ ^5r^ex;=\ha-“ed%a^rnsrt?^ -%n “e “?ptl?cI?ton thereof shall be returned to the app-.-icanc. *-ho ^ni c=t ict Shall state that the .applicant agrees ;Vtto“n? mainte?an« orfor any legal, surveying, engineering, inspect^ , amount other expenses incurred by the District in excess of the deposit. Aopllcations may be rec“ived for densities waterciatt per 50 feet bet not greater „u„ber of feet of shoreline. When measu nrovision of a fractional watercraft allowed result in t. . j?, one-half (1/2) shall watercraft, any fraction up to an half (1/2) shall allow onebe disregarded, and fractions over one-half (1/2) snaii a additional watercraft. Subd. 4. issuance of License. „.^Ty "tt'Urd^ ^^o^^eSlngf fo^^ l“ u^dtr^^’s^crr \"’o6°U brcomblneflnd'ronducted as one Pr--^i??;ns.^'’%n “rh"VanLng ^rany'iic^nie'f'th°; B^o^rd^may"'impose conditions on the license. Tn ^.xprcisinq its discretion in a) Review Criteria. In , this section, the Boardreviewing applications for licenses under this sectio Shall consider the following factors. (Rev.1-91) J 1) Whether the facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public. 2) Whether the proposed facility will serve general public as opposed to a limited segment of the public or a limited geographical area. 3) Whether the proposed facility will be compatible with the adjacent water use area. 4) Whether the proposed facility will be compatible with the adjacent riparian zoning. 5) Whether adequate water depth is available for the proposed facility without churning of the bottom sediments. 6) Whether the proposed facility will create a volume of traffic on the Lake in the vicinity of the will tend to be unsafe or which will cause an undue burden on traffic upon the Lake in the vicinity of the facility. 7) Whether the proposed facility is compatible with the LMCD watercraft density classification criteria. 8) Whether the facility will comply with the regulations contained in this ordinance. 9) Whether the proposed with the maintenance of the natural beauty of the La<e. 10) Whether the proposed ^ ^he quality of the water of the Lake and the ecology Lake. 11) Whether the proposed facility, '’V, Fff" fumes or other nuisance the vicinitysource of nuisance or annoyance to persons in the vicinity of the facility. 12) Whether adequate sanitary and parking facilitie will ie provider in connection with the proposed facUtty. 13) Whether the multiple doclr or mooring area will be structuLlly safe for use by the intended users. 14) Whether the '’'watercraft additional permanent non-transienc storage on the Lake. 15) Whether the f^imental impact of ^_^the^^p|oP«ed facility will be reduced ^"‘^efined infection 1.02.are not restricted watercraft as detinea requirements (Rev.1-91) 16) Whether the applicant proposes to construct or maintain certain amenities deemed beneficial to .ne Lake and “ the general public use of the Lake which offset the of all or part of the increased density. m deternining whether amenities which ^PP“”"\hreffectt-r-i maintain or construct are sufficient to offset the errec to “ ^^Ync/eased density, the Board will take rnto consideration existing as well as proposed density and amenities. b) The amenities proposed by the applicant shall be categorized Amenity groups are: Group A — Public Access a) Fishing dock/pier (Minimum 30' in length in suitablB w3tcr) . Launching ramp with car-trailer par g Boat with outboard motor rental (minimum 5 boats, any type) , ?:i“de""/r'ee charter boat excursion or ’ fishing trips for . peopleunderprivileged with minimum of 100 peopi- served per season , Additional amenities unique to application Group B -City and Other Governmental Agencies Requirements: a) Runoff water quality improvement (i.e., holding ponds) ^pJotei??on: ^“e^Lncement and/or Ei?IsLn water -lEPil/'^Snfque'” to the Additional amenities unique application c) e) Group C - Public Service a, water Vpe?lon\^n%rv ‘r'"plJ program, at instructors) national programs (formaluseeducational at least 100 persons served per season?'with qualified instructors) (Rev.1-91)c) Marine towing serviced) Marine emergency repair service, at docks or on the Lake e) Make-ready dock (minimum 20' in length) f) Ramp use for emergencies g) Boating safety literature distribution h) Food service in a seated facility i) Sanitary pump-out facilities j) Meeting rooms k) Winter access (signed for public use) l) Slip and/or boat use for emergencies and governmental agency use m) Auto lookout n) Observation deck o) Additional amenities unique to the application c) Amenity Point Scale. Each amenity, subject to acceptance by the Board of Directors, earns 10 points for each item of Group A, 5 points for each item of Group B, and 3 points for each item of Group C. d) Amenity Point Requirements. Special applications require .5 points for each slip over 1:50’ allowance, with a minimum of 20 points. density density j e) Factors Not Considered. The use of special density licenses on the Lake for the purpose of increasing riparian or non—riparian property values is not a valid consideration in permitting such facilities. Subd. 5. Municipal Applicants. In acting on the application of a municipality under this section, density shall be computed by including all shoreline owned by the municipality. Subd. 6. Compliance With Conditions. The failure to comply with any condition imposed by the Board is ground for revocation of the license. Any change in the conditions under which a special density license is issued or the amenities proposed by the applicant will require application for a new license. Subd. 7. No Vested Rights. The granting of a special density license shall grant no vested rights to the use of the Lake, and future regulatory action by the District may require modification or removal of the structure. Subd. 8. Renewals. Except as provided in Subdivisions 6 and 9 of this section, no renewals of special density license applications shall be required; provided, however, that the licensing of all facilities is subject to the annual review and regulation provided in Section 2.03. Subd. 9. Non-conforming Mooring Areas or Structures. Except as otherwise provided in this subdivision, this section shall not apply to mooring areas or structures which are licensed (Rev.1-91) ) or lawfully in existence on March 31, 1982. No change in theconfiguration of the mooring area or structure which results in an increase in slip size or Boat Storage Units may be made without first securing a license under this section. When acting on such a license application, the Board shall not limit its consideration to changes or additions to the facility, but shall consider the entire facility of the applicant. o h 5 I 1 Section 2.06. Permanent Non-commercial Docks. Subd. 1. Permit Required. No person may locate, construct, install or maintain a new permanent dock on the Lake without first securing a permit therefor from the Executive Director pursuant to this section, provided that no such permit shall be required for docks regulated by Section 2.03. Subd. 2. Apolication for Permit. Application for a Permit shall be made on forms provided by the Executive Director. The aoDlication shall include a certified survey and dock plan and all other information deemed necessary by the Executive Director to determine whether the proposed dock is in compliance Code The permit application shall be accompanied by such mav be established by resolution of the Board of Directors plus afadditfonaldeposit in an amount established by resolution of the Board to covet legal, „^c^maintenance or other expenses incurred by the district. The Borrd shall approve all expenses charged against the deposit and ?h; unused potion thereof shall be returned to the aPPUcant. The application shali state that the aPPl.^''^"^ reimburse the District for any legal, ®"Paneeri g^ inspection, maintenance or other expenses incurred by District in excess of the amount of the deposit. subd. 3. Issuance of Permit. The Executive Director shall grant the permit if information provided shows 'hat ^ director ^:fuies\Ti“^ra-efmi^‘'^h% Ihfll stit^ ^e r=V\^he?efor to the applicant in writing. changed. No new permit is /h renair or replaclmlnrdoes Lt^^\1ert^^e^liTi,“t%e^°tocS Tr^^coStatlon^^of the docX. Subd 5 Existing Docks. Permanent docks lawfully in existenceo^MarsfisL, may be continued without a permit. J Section 2.07. Temporary Structures. subd. 1. Permit Reqn-ed. No sw^i^ing^^fl^^^^^ diving towers, bnoys, ° Lake beyond the author-navigable water shall be located m cne ia<a j (Rev.1-91)ized dock use area without a permit from the district. Permits shall not be issued for free floating structures. Permits are not required for scuba diving floats, navigation buoys, fishing markers, or temporary sailing craft training markers during the week except on holidays. Subd. 2. Structures Within 200' of Shore. An application for a permit for a structure less than 200 feet from shore, as measured in the manner provided in Section 2.01, Subd. 2, shall be made on forms provided by the Executive Director and shall include the name, address and telephone number of the applicant; the type, number and proposed location of structures for which the permit is sought; the* period of time for which the permit is sought; a statement as to 'whether the structure will be reflec- torized; if an organization is seeking the permit, a statement as to the nature of the organization; if the permit is sought for a particular event, the nature of the event; a statement by the applicant assuming responsibility for the presence and removal of the structure or structures in the Lake; and such other information as the Executive Director may require to assist the Executive Director, or the Board, in considering the application for the permit. The Executive Director may grant any such permit upon a determination that ‘he granting of such permit will not create unusual hazards Oi. ooscructions to navigation. Subd. 3. Structures More Than 200' From Shore. Permits for a location more than 200 feet from the shoreline may be granted by the Board in accordance with Section 3.09. Where the issues a permit it may impose conditions to protect users of the Lake. Subd. 4. Compliance With Conditions. Locating, maintaining or using a temporary structure contrary to the conditions of this Code or the permit issued therefor is a violation of this section and grounds for revocation, suspension or modification of conditions of the permit pursuant to Section 1.06, Suba. 9. Subd. 5. Hazardous Structures. If any Pe^jji’^ted structure is found by the Executive Director to be a hazard or to the safe use of the Lake, the permit may be revoked by the Executive Director in accordance with Section 1*05. ^ of notice of revocation the applicant shall >^emove within a reasonable time, which shall be of revocation. If the applicant does not mav be removed bv the district. Failure cpf the applicant to remove the structure upon receipt of the '^®^°i3tion ofthe permit, and in accordance with such notice, is a violation o£ this section. 34 (Rev.1-91) } Section 2.08. Illegally Placed and Hazardous Structures.Subd. 1. Prohibition. Any temporary or permanent structure which is not currently licensed or permitted under the provisions of this code is illegal. Any temporary or permanent structure which is an obstruction or hazard to navigation shall be so declared by the sheriff. No person shall maintain or permit to be maintained any illegal or hazardous structure owned by such person. Subd. 2. Notice of Removal. Any illegal or hazardous structure may be removed from the Lake in accordance with the provisions of this section. Upon notification by the sheriff of the presence of an illegally placed structure in the Lake, the Executive Director shall give personal written notice ^ owner of the structure that it is illegally placed and thac if the owner does not remove the structure within 48 hours of receirt of the notice the district will do so. If the owner cannot be found or determined after reasonable efforts, the Executive Director may remove the structure "^^ial shall publish notice of such removal newspapL of the district. If a structure is, in the judgment of the Sheriff, an imminent hazard to navigation and endangers the life safety, or oroperty of users of the Lake, he may remove it without notice and shall make reasonable efforts to determine the owner and inform him of the removal. Subd. 3. Imooundment. structures removed section shall be stored at such place of safety as may nat-esH hv the sheriff Owners of such structures may reclaim them af any^^^time upl“ the payment of reasonable removal and storage expenses. Subd 4 Disposition of Impounded Structures. Impounded structure; w'hich a'^re not reclaime'd by the / period If sixty days may be disposed of by the Sheriff at auction such property. 1 . • _ T*emoval of a structure Subd. 5. Other ^ prevent the district frompursuant to this section does n p placing enforcing any other penalty unoe^rraitted structure withinor maintenance of an unlicensed or unpermic.ea the Lake. J (Rev.1-91)Section 2.09. Deicing Equipment.Subd. 1. License Required. It is unlawful for any person to install, ooerate, maintain or use de-icing equipment on Lake Minnetonka without a special license issued in accordance with this section, or to install, operate, maintain or use de-icing equipment on Lake Minnetonka, with or without a license tj^erefor, which constitutes a hazard to the safety of persons on the Lake. For Durooses of this section, de-icing equipment shall be deemed Constitute such hazard whenever any of the fonowmg circumstances exist without being specifically authorized in a current or valid license for the i^cility: a) Except as provided in pai t.graph d) of this Subdivision, the entire area of open water or weakened ice is not enclosed by a semi opaque fence which is at least four feet in height; b) The entire fence, the area enclosed by the fence and the arU deiced is not lighted from one-half hour before sunset to one-half hour after sunrise; c) The entire fenced area is not marked by reflectorized warning signs at least every fifty feet around the perimeter of the fence. Durinq the periods prior to the generally accepted total Lake^free^zeover in the fall and following the beginning of th^einal thaT" the spring, the ^7^st""foa^i<; not fenced with a semi opaque fence which is at least ro fLt ih height and marked by ref lectorized warning signs visible from 50 feet and installed every 50 feet along the shoreline. cnhH 7 ADDlication for License. A person desiring to nlme*’anf \'ddrels °of"\'hl ’ ' Xa¥"i^posr''anl ’“sTch°^ equipment, its location, its 9®” Directors to determine ifinformation as will enable the Board of Directors to the proposed installation will co accompanied with such section. . ^Pfg^'^^^ecddsary to show that the proposed ^°St:!?a?iorwiU be -drfn^accdrdance with^a^^^^^ state and local building, electrical ana other construction codes. Subd. 3. Fee. ^ • °ed^ f ro^ timd'' to^ tfme^^by ^resolution irrh^ BoL^sraU^^acrom^a^^^he ,^^icense may not be issued unless the f t^ deposit in an amount subdivision is paid. An add , of the Board shall established from time-to-time oy surveying, engineering,accompany the application to cover lega.,surveyiJ^_^_^J inspection, , ^norove all expenses charged against the deposit, and the unused portion thereof snaxi ) 3 (Rev.1-91) the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. Subd. 4. Issuance of License. The Executive Director shall refer the completed application to the Board of Directors who may issue a special license for the installation and operation of the eguipment if it finds: a) that the proposed installation will not be detrimental to the public health, safety, order and convenience; b) that the area to be de-iced be no greater than is necessary to prevent damage to the installation and does not extend nor affect areas beyond the dock use area for which the license is issued; c) that adequate safety precautions will be followed in its installation and operation, including providing a snow fence or approved alternative four feet in height and a minimum of six reflectorized signs; that de-icing will occur only in the permitted area; and that all other requirements as specified in the license will be satisfied; d) that the installation will be properly enclosed and adequately marked and lighted to protect the public; arising out of the operation of the equipment. f) that the applicant will, by the installation of adequate screening, signing, or other and the feeding and congregation of waterfowl and ^1 ic the creation of conditions constituting health hazards or pub nuisances within the licensed area; g) that the applicant has agreed that the i"/tallation will be supervised at all times and has provided the with a 24 hour and an emergency telephone number, an h) that the installation includes an on-off switch located near the de-icing “"it on the and the aoplicant has consented to permitting ° ^ de-icing extendsDistrict to shut off or remove the equipment if de icing extends beyond the authorized area. Subd. 5. Compliance With conduion^^^^ cond?t!ons®°%'o the ?lre^^rts a7e n^^e^tary^^^S ers^rr ^o^ia^ce Violation of any such of the conditions of the revocation, suspension or modific license shall be license pursuant to Section 1.06, S r (Rev.1-91) • f i in it* but in no event shall. ^..ration as is specified m it*of such durati extend beyond Apt! ^ persons granted a u.ruv i-'-s “■related materials and eq p for a renewal de- Subd. 7. received orio?‘’?o October 1st o£ the .V”' it is accompanied oy resolution by the Boar . licensed by the Subd. 8. oams c"s^fd"lpeta«a by a - ^ °:!tticlf -bS Uce°Le'''undVr"'\hfs'^ect°ion providing the Ifuowing cinlitions are met: f ^rall'pen^rtern^r dangerously thin ice in the which encloses all ope vicinity of the dam: „.,ning signs shall be prov^dld a? SaVlo^exceeding 73 fee. o^r'’oX‘r«?serto'’ho?S^iU''D^^^^^^ the insurance or oth damage or m3 y employees harmless t operation of the dam, ,.„Mons Where a person subd. 9. ° enst'r° a' °P«f \ JrVo^^tl truip-tt by 'r U-ntt and with this section,ensure compliance witn section 2.10. Nonconfor^^ 3 subd. 1. compliahoe with thij^cod ^rVn "co=n^^ormU°y“Cttt the provisions of Otherwise provided. 5. 1970, )were wise provided. PP/^^gTl? pVovtdld', *'r°equT/e°dTo" be“terminated on February r ) J (Rev.B-91) however, that the length limitations applicable to -ocks under Section 2.01 were not applicable until February 5, 1975, to docks legally existing on February 5, 1970, which were not seasonally r6inov6d from th6 L3k0. Subd. 2. Vested Rights. No provision of this Code which grants nonconforming structure status to any structure on the Lake shall be deemed to create any vested rights, and all structures shall remain subject to future regulation by the District in the public interest. Subd. 3. Expansion of Nonconforming Use. A use which is nonconforming under the terms of this section may not be expanded. Section 2.11. Conversion of Use. Subd. 1. Purpose and Policy. Certain structures and uses of structures on the Lake are nonconforming structures under this Code These structures and uses do not comply with the current reauiremenVs of the Code. They are lawfully in existence because the District has chosen to grant them nonconforming use statu^ a p?//^-"h%-0i^\^^fi‘n°ds-^ere^r\h7t^ rte.^u-Je ^h^t ^ hereinafter defined or increase in slip the T for t*hp Q6ri0r3l public us6 8nd will b0S ^ protection and preservation of the Lake a natural recreationa and aesthetic resource for the general public. qnhrf 2 Classification of Uses. For purposes of this one or more of the following classifications of use. a) "Conmerclal Marina = \. J"Juh ^a%evenSl- faciliiies, or parts thereof, used "wa Irc?a?t producing business renting storage forjj^ o^^^this^ection, those on or for use on the Lake. P transient use only are not parts of facilities licensed tor portions of Commercial Marinas ^^nition of Multiple Dwellingfacilities whir^^ meet ^he de^inition^^^^ Commercial Facilities or O^^lot Associatio Facilities must be freely Marina Facilities. Commercial Man o„ner of specified real available to the general public nj-eference or advantage in property may be ^i^en prion P. storage rights, renting, purchasing or otherwise secuco. y . inrludes those facilities or b) "Private Club ^ private club as that term is parts thereof owned °Pf^f^®^cec*-ion 340.07, Subdivision 15 or defined by Minnesota ^ ".Jon, group or association. by any other non-profit ^'"'^P°"^‘^"?hose parts of facilities "Private Club" does not include those par;:^ J (Rev.8-91) licensed for transient use only or facilities which are Outlet Association Facilities or Multiple Dwelling Facilities. c) "Municipal Facilities" includes those facilities located on or adjacent to land owned by a municipality or political subdivision of the State which are operated, controlled or licensed by the municipality or political subdivision. d) Transient Facilities" includes those facilities or parts of facilities which are licensed for transient use only. e) "Outlot Association Facilities" includes facilities owned or operated by a homeowners association, outlot association or other similar organization whose membership is restricted to, or comprised in major part of, owners of specified real property. Outlot Association Facilities also include any facilities which provide to owners of specified real property any priority, preference, or advantage over the general' public in renting, purchasing, or otherwise securing boat storage rights. In the case of facilities at riparian property which is owned or controlled in whole or in part by an outlot association, any policy or practice which allows the subletting, assignment, or other transfer of dock storage rights from one lessee to another shall be deemed a priority, preference, or advantage for specified real property. Also, in the cases of facilities at riparian property which is owned or controlled in whole or in part by an outlot association, any characteristic of the facility or any policies or practices of the owners or operators which tend to, 1) discourage the general public from renting boat storage space at the facility, or 2) make the facility less desirable to the general public than commercial marinas providing a full range of services and facilities, may be deemed a priority, preference or advantage for specified non-riparian real property if a majority of slips are rented to owners of such property. For purposes of this paragraph, an outlot association includes a homeowners association, condominium association or any similar organization whose membership is restricted to, or comprised in major part of, owners of specified real property. f) "Multiple Dwelling Facilities” includes facilities leased or otherwise made available in conjunction with the leasing of apartments or other dwellings for residential use. g) "Private Multiple Facilities" includes any facilities constructed or maintained at single family residential properties for the private uses of the residents thereof. h) "Other Facilities" includes all facilities requiring a license pursuant to Section 2.03 of the Code which are not described in paragraphs a) through g). r ) (Rev.8-91) Subd. 3. Conversion of Use or Slip Size, Effective October 29r 1904, no facilities or parts thereof may be converted from any classification of use described in subdivision 1 to any other classification without first securing a new license therefor pursuant to Section 2.03 and, if required, a special density license pursuant to Section 2.05. From and after February 28, 1987, no facility requiring a license under Section 2.03 shall be altered, reconstructed or reconfigured to increase slip size without first securing a new license therefor pursuant to Section 2.03 and, if required, a special density license pursuant to Section 2.05. The facilities and the use of such facilities shall not be nonconforming within the meaning of Section 2.10 or any other provision of the Code granting rights to continue facilities lawfully in existence or licensed as of the effective date of any ordinance, but shall be required to comply with all requirements of the Code as though the facilities were new and not previously existing or licensed. Subd. 4. Change in Rental Policy as Conversion of Use. Any change in rental policy of a Commercial Marina or Private Club which limits or restricts the rental of any slips, moorings or other boat or watercraft storage capacity to owners or groups of owners of specified real property is a conversion of use within the meaning of this Section. J Subd. 5. Annual License Restrictions. In the case of any Commercial Marina Facilities or Private Club Facilities which are located at riparian property which is owned, operated or controlled in whole or in part by owners of specified real property, the Board may require additional information and, following a public hearing, may impose conditions and restrictions at the time of the annual renewal of the license required by Section 2.03 to ensure that no conversion of use within the meaning of this section occurs and that boat rental rights are freely available to the general public with no priority, preference or advantage to owners of specified real Drooerty. If at any time the Board determines that for two or more consecutive boating seasons a majority of the slip spaces at any such facility have been rented, sold or otherwise made available to owners of specified real property, the Board may impose such conditions as it deems necessary or f a public hearing, to ensure that the available to the general public. Such conditions may include, but are not limited to; changes in rental ^ including a required selection of all or some tenants the addition of readily available oF^^L^^futies such al enhancing convenience of access; addition o . services restrooms or pump out facilities; and the such as motor repair, emergency towing, gasoline sales, . ^ and retrieval of boats, or sale of equipment and supplies. Failure or refusal to comply with such conditions shall be deemed a conversion of use within the meaning o i ) J (Rev.8-91) If at any time an outlot association, as that term is defined in Section 2.11, Subd. 2 e), acquires an ownership interest in riparian property at which a Commercial Marina Facility is located, the Board may impose on the license of such facility any conditions deemed necessary to assure that all previously existing amenities of the types listed in Section 2.05, Subd. 4b, whether or not previously required pursuant to Section 2.C5, remain available and to assure that boat storage space remains freely available to members of the general public with no priority preference or advantage to owners of specified real property. Section 2.12. Miscellaneous Provisions. Subd. 1. Use o': Structures for Storage. Unless otherwise specifically permitted by this Code, no structure may be used for the storage of any materials or items other than watercraft. However, throw-out life preservers and fire extinguishers may be stored on multiple docks and mooring areas and commercial docks provided such equipment is properly stored in an orderly manner on racks provided for that purpose. Subd. 2. Prohibited Structures. The following may not be erected on the uake: a) boat houses; decks as defined in Section 1.02; c) roofs; and d) any structure above the horizontal plane of a dock except boat slips and slip structures and service consoles as regulated by this Code. A deck or roof lawfully in existence on May 5, 1977, may continue in existence but may not be structurally altered or expanded in any way. Subd. 3. Boat Slips and Slip Structures. Boat slips or slip structures may be erected in the Lake. Such structures may be of no greater height, area, volume or mass than is necessary to secure and orotect the number of watercraft which it is designed to shelter. The structure shall be so constructed to permit the use of a fabric canopy in conjunction with necessary poles, rigging and appurtenances necessary to support the canopy. A slip structure must be set back from the side site lines of the site which it fronts by a minimum distance of 20 feet. Subd. 4. Construction Standards. Any structure 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. (Rev.8-91) Subd. 5. Reflectorised Material. Swinging tloats, sjci riivina towers, and other structures surrounded b> naviaable water whether floating or on posts, shall be lighted light visible in all directions or have attached thereto Clifficient reflectorized material so as to reflect light in d? eit onl Reflectorited naterial must be capable of retaining sorof its dry weather reflective signal strength when wet. Kw f. nd-.ertisina. No advertising signs may be displayed' from any dock other than an identifying “dich s"truc\1i?e" w‘r:i1:h r/tenTfrL sV"orran'd ar^e’'ntt part°of a dock or pier may not be used for advertising purposes. c 7 Buovs All buoys placed on the Lake must be .emov^rV Vubmvrge^d un^r the - ^no plater^ than n toTeceX^^tVTn '’ias^f wh°e“rl' th%“Tu'ortiU Lt SBi < ^E^L cT wlfh^Thir sVbd^^^^^^^^ lid hazardous structures within the meaning of Section ..08. subd. 8. Relation to Municipal Ordinances. chapter is intended to Q facilities in ' the Lake conveyance of dock or g provisions of this chap5«''shall nriuptrsede any municipal ordinance «hich = .-aaci-r i r'^ i ve in its provisions and application as to^’the \U:?Ion/ construction, installation and maintenance of docks, moorings and other structures, b) allows variances that are more restrictive than this ordinance; • i- m-m ? n t-i n c a municipal dock or mooring area "I’oo leef or" l%%s°\n"\ength measured parallel to the side site lines as extended into the Lake, d, provides for the maintenance of a municipal park or beach area; and e) establishes a^e'^^ not"^ in^conflict with this adjacent to the Lake which are ordinance. Subd. 9. Fuel and Power structures and fueling facilities building codes and subject shall be in accordance ^.^cedures. Persons making suchto state and local inspection procedur^^^^ niaintain records of electrical orcompliance with state and local codes a 42- A (Rev.8-91)c.ihfl 10 Structures Not to Obstruct. No dock,• JlructuVe shfll be so located as to obstruct a navigable Chanel, or so as to s^-^r^ucTu^^e^^au\''h^^^^^ -fe! ■” ^rSce.sr/.r;“7ejrfe^s\ located or design encroach into any other authorized ;?ainancr or U a ^^^^000^^3” bVen ,^ant^aa for it pursuant to Section 1.07. moored boats. suba. 12. Dock Dimensions ./notlf'or '”w^^ath^ bl n^t bolhl excluainq P°s’^=' ‘"thaJ*^docks^ which are in existence on June 30, provided, however, that d with all the provisions of the 1982 and which are in compliance «^th all ^^owed to continue in LMCD coae other ^^an this sector,jhall^^be^^aUo time'as'such aoc°ks are replaced or until 5C% or more of any such dock is damaged or destroyed. ^ i 42 - B MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION ^VEDNESDAY, JANUARY 5, 1994 ROLL The Orono Planning Commission met on the above date with the following members present. Chair Charles Schroeder. Candy Rowlette, Dale Lindquist, Charles Nolan Jr., and Sandy Smith. City staff was represented bv Budding & Zoning Administrator Jeanne Mabusth and Assistant Planning & Zoning Administrator Michael Gaffron. Members of the public present were Gary- DeSantis and Richard Anderson representing Sailors World; Mike Hilbelink. area realtor: - teve Brown. 3262 North Shore Drive; Don Peterson. 3048 North Shore Drive; Bev Blomberg. alSO North Shore Dnve; and Lee Fischbach. 3135 North Shore Drive. The meeting was called to order at 5:20 p.m. Chairman Schroeder welcomed the members of the public present, gave a brief overview of the Committee’s work to date, and asked them to feel free to ask questions and provide input as the discussions progressed. Schroeder suggested the Planning Commission begin by reviewing the lists of pemined. accessory and conditional uses generated at the last meeting, and attempt to reach some conclusion as to whether or not specific uses are annropnate for the B-2 zone, and i appropriate, are they in the correct use category. After brief discussion, the Plannmg Commission concluded that the listed permitted uses, includmg rental of in-water boat s ips, sales of boats, motors, trailers and manna accessories, repair and servicmg of boats, on-Ian storage of boats in summer and winter, marine fuel sales, and bait and tishing tackle sales were all reasonable and historically allowed uses in the B-2 zone, and each of the listed uses could stand on its own as a primary use of a B-2 property. There was some discussion ^ fact that sale of boats and boating equipment did not necessanly rely on bemg adjacent to a body of water, but it was acknowledged that such use has long been an ^owed use in the current code although specifically discouraged in the Comprehensive Plan. There was also discussion regarding the appropriateness of boat storage, especially winter storage of boats but all geLrally concurred that where problems with that use occur they should be addressed by specific performance standards. The Planning CommUsion then moved on to review the list of accessory uses. Gfffro" that signs are an accessory use that is regulated elsewhere in the code, and Schroeder mdicated that signs were certainlv a reasonable item for a commercial property if properly regulated. Schroeder also noted that the requirement for boat head pump out is m the code and ^uch a ure. coupled with a portable head dumping sution. is appropriate as an accessory use for this zone. All concurred. The new item listed, fishing tournaments, generated some public discussion. Bev Bloraberg indicated that on occasion fishing tournaments were Mt a good neighbor, involving early I^Lg activity such as engines revving and the Nauonal Anthem on a loudspeaker at 6:00 a.m. 1 MINUTES OF THE ORONO PLANT^'G COMMISSION WORK SESSIONVVTDNTSDAY, JANUARY 5, 1994 Parking and trattic were also brought up as issues with fishing tournaments. Richard iAnderson observed that many of the B-2 zone uses on the entire list had so far been discussed in the conte.xt of impact on parking, and noted that the entire Maxwell Bay area and the area westward to include the North ^Arm Landing, have a significant parking problem already. Schroeder ind'cated that, indeed, a number ot marina problems manifest themselves in parking problems. He suggested it is not the City’s intent to control the marinas by squeezing down on parking, but to find a sensible way for the mannas to operate while still being good neighbors. Rowlette added that parking capability' will in itself make some of the decisions as to what uses are appropriate or not. Gaffron questioned whether fishing tournaments were an appropriate use when located directly adjacent to residential properties. Schroeder suggested that they might be if properly controlled through the permitting process. Gaffron noted that the LMCD issues fishing tournament permits, and that an assembly permit reviewed by the Orono Police Department is generally required. Planning Commission agreed that such a "special activity- permit" was more appropriate than making fishing tournaments a conditional use which would require Planning Commission review for each event. Rowlette asked Gaffron to provide additional information on LMCD and City' codes regarding fishing tournaments for the next meeting. Don Peterson suggested that if the City' regulates fishing tournaments at marinas, it should also regulate them at public landings. Schroeder concluded the fishing tournament discussion by suggesting that it not be accepted on the list of allowed uses yet pending further information and discussion. Schroeder asked for discussion regarding the next listed item, sale of prepackaged foods. Gary DeSantis indicated he would like to put in a coffee/expresso machine at Sailors World, providing a coffee service to commuters in order to generate some winter income. Richie .Anderson added that there was no intent to provide anything other than pre-packaged type foods. Gaffron noted that the code currently allows sale of pre-packaged foods as a conditional use. and that to his knowledge currently the marinas typically have a coffee pot and provide pre-packaged snack foods for their slip customers, but that a food or coffee operation expressly intended to bring in commuter traffic was a different concept entirely. Smith cautioned that this could easily expand to a brunch^Iunch operation. Richie .Anderson suggested that this use might be a fair trade-off for reducing or eliminating winter boat storage. Smith fell it was important to distinguish between a use that provide*' an additional amenity to existing customers as opposed to a new use to attract new customers not already taking advantage of something that occurs on the site. Rowlette reiterated that in her opinion it would be beneficial to the City to allow marinas opportunities for year-round business activity to generate income that will keep them viable, and therefore more able to deal with the City’s historic concerns such as landscaping, screening, etc. Rowlette requested that Gaffron provide code sections and information on restaurant vs. non-restaurant food operations for the next meeting. This is even more attractive MLXLTES OF THE ORONO PLANNING CO^D^SSION WORK SESSION UKDNESDAY, JANUARY 5, 1994 as an alternative to winter boat storage on the site which could then be eliminated. Steve Brown suggested that some sites, such as Lakeside Marina, could curtail a portion of their winter storage but still retain a good share of it. Schroeder suggested the City needs to consider what degree of activity generally is appropriate for marinas in the winter noting that he visited Rockvam's Boat Yard in Spring Park and Tonka Bay Marina and w'as generally impressed by the neat orderly appearance of both mat inas as compared to those in Orono. and noted they both seemed to have viable operations year-round without resorting to restaurants, snowmobiles or other unrelated uses. Richie Anderson noted that Rockvam has a busy ser\ ice business in the winter, and that the use of single color winter boat covers would in itself add to a sense of orderliness not achieved by using many colors of covers. Schroeder questioned whether the lack of space and large buildings for serv ice and winter boat storage were reasons why Orono marinas seem to rely on outside boat storage as a significant source of income, in contrast to, for instance, Rockvam’s in Spring Park and Tonka Bay marina, both of which seem to have significant winter activity but mostly contained indoors. Richie Anderson agreed, noting that Tonka Bay Marina has a large amount of off-site storage. It was also noted that Rockvam and Tonka Bay both have e.xtremely large buildings, which don ’t exist at the Orono marinas. Nolan questioned what is the marina operator ’s financial incentive to provide inside storage space. Rowlette noted that with the high cost of boats, the added protection of inside storage is well worth the extra expense in protecting your investment in the boat. She also noted that with your boat stored in a nice building such as Tonka Bay’s, as opposed to sitting in an old leaky bam somewhere, you get back a clean boat in the spring that hasn’t had any water damage, etc. Schroeder suggested that inside storage may be the wave of the future, and that what we have in Orono is catering to the lower end of the scale. Steve Brown commented that it seems that some of the marinas have derelict boats that never seem to move. Rowlene suggested that the City should be more active in forcing marinas to get rid of such boats, perhaps by limiting the amount of time they can sit there. Schroeder questioned whether dive shops are of concern to anyone. They weren’t. Schroeder indicated that he was unsure what the next entry, clubhouse, referred to. Smith questioned the difference between a "clubhouse ” and a "boat club". Gaffron indicated that a clubhouse is an area where slip customers might get a cup of coffee, stay sheltered from the elements, use a phone or the bathroom, etc. It was noted that the Sailors World building is a clubhouse, but not all of Orono ’s marinas provide this amenity. Gaffron continued that a boat club is not related to a strucmre, but is a membership organization for use of a boat or boats, and have no specific tie to the clubhouse concept. Rowlette likened them to a timeshare organization. .MIMJTES OF THE ORONO PLANNING CO>CVnSSION WORK SESSION\VT:D i\ESDAY, JANUARY 5, 1994No one expressed any concerns regarding sailing schools as an accessory 'ise. Regarding boat rental, Schroeder cont'imied that rental of boats currently is a permitted use, but he had no problem with leaving it as an accessory use. Gaffron questioned whether it would be a legitimate primarv' permitted use to rent boats, such as the Minnetonka Boat rental operation in Mound. Richie Anderson noted that even they did have some slip rental. After further discussion, all concluded that rental of boats should stay as an accessorj' use. Regarding "one caretaker dwelling unit", after some discussion all agreed that this was a reasonable accessory use, but would not be possible on every site due to space constraints, and would need performance standards to prohibit it from becoming a rental use. Schroeder indicated that the remaining entries under accessory uses are essentially a laundry list of activities that have either been proposed by various marina operators or are conceivably things that might be requested. He noted the Commission could consider each entiy individually, or could consider generally whether the City should allow any additional winter (or summer) activities that currently arc not addressed in the code. Rowlette suggested that the personal watercraft" entry be removed from the list entirely, and that previous discussions had concluded that personal watercraft should be considered as boats. If we have a problem with them, we should regulate noise levels, etc. All agreed. Don Peterson noted that a wide variety of possible activities are listed, but if all activities are prohibited, then the highest and best use for the marina properties is to store boats, which is perhaps counter to what the Commission and neighbors seem to want, i.e. reducing boat storage. Schroeder noted that there may be a fundamental change going on, in that the marinas have historically rented slips and stored boats, but now the City is at least considering whether other activities are appropriate, perhaps with the trade-off of getting rid of winter stored boats. Rowlette added that not eveiy marina may wish to make such a change. Schroeder Indicated that the neighborhood may not want some of the listed uses, such as a restaurant, and that Planning Commission is here to determine not the "highest and best" use of the land, but what is best for the City. Rowlette noted that with trade-offs, other issues come forward such as traffic, safety, lighting, noise, etc. Rowlette indicated that it is the Planning Commission ’s goal to come up with an enforceable ordinance that relates to the marinas as they exist rather than the current standards which none of them will ever be able to meet. Gaffron reviewed the process of vanance approval which has allowed Windward, Minnetonka Boat Works, and SaUors World to upgrade their facilities while the Citv gains concessions such as reduced hardcover, greater setbacks and stormwater controls. While none of the marina upgrades to date have come any where near raeetmg the stnet code standards they have come closer to those standards than they were. Rowlette commented that we have some marinas which have never attempted upgrades, and consequenUy the City has seen virmally no changes through the years. Maybe the only way to get changes made is to offer them better incentives, such as alternate uses. MINUTES OF THE ORONO PLANNING CO.MNnSSlON WORK SESSION \\'EDNESDAY, JANUARY 5, 1994 Returning to the list, all agteed that Christmas tree sales have 'f f and should be eliminated from the hst^ It^^wTeeMnUy agreS that automobile Minnetonka so that should be removed from the list. 8“ ^ off winter access was adequately provided m other areas of *e lake 1 5o„^bie the list Ice boating, although not a major activity currently, was lelt on me activity that might be based at a manna in the winter. Regarding ice fishing, some discussion ensued regarding with the downside being that even if mannas were a o^Ae or summer storage on Tonter term basis, even with strict conuols the marina propetty-. that storage might occur and ^ome an additional representatives present suggested *at ''imina.ing ue h™ e neiahboring possible source of winter revenue. When noting one of property ^ "“0 lake'’^^Frt^er discussion by the Planning Commission ihe biggest problems is trash in the • fichine houses should be eliminated from Ztu f„d*^t"fohfng en^“be'^^^^ as ’ice fishing mckle sales, as an accessoty use a rmk on the ice. creating the iss ^ facilities should be left to the park department. agreed wi^ Rowlette and the ice skating entry was removed from the list. sailboard sales ^d renul *'t^T'”l*ougrsrboi<iTere X:wg“ed tot cr'dered as "boatmg accessones- rather than boats . I . wr r#.nrii wns not a likely use at marinas, and that crossSchroeder noted dial tobogg^^ sa^es or^enud "crt'country ski sales and rental were crossed off the list. Schroeder noted that the retnainmg and he agam noted r>;a concern Du™ at th^^_^ “d^gte"" 2 e,vtent it was ^'.0“^ tytvfdt —acXes if they can be reasonably regulated. r MINUTES OF THE ORONO PUVNNING COMMISSION WORK SESSION WTDNESDAY, JANUARY 5, 1994 Scliroeder asked tor input regarding snowmobiles. Steve Brown suggested as a neighbor he has no problems with snowmobiles coming and going from a marina. He said that snowmobiles are not something new being introduced to the lake, and they are not an unknown. Rowlette noted that since most of the mannas bubble, there is a problem of safe access to the lake. Schroeder noted that marinas have historically been associated with open water uses, and there is no inherent reason that snowmobiles should be sold at marinas since snowmobiles can be used anywhere, not just on the lake. Richie Anderson noted that, to the contrary, going back in history both Paul’s Landing and North Star Marina sold snowmobiles as a significant pan of their business. DeSantis argued that eliminating all winter uses will not solve any problems, and for instance, his slip customers might well like to come out, rent cross country skis and head out onto the lake. Rowlene suggested that sales and service t,but not rental) ot snowmobiles in her mind is the perfect fit as a w'inter complement to boaLs. DeSantis agreed, and reiterated that each marina business and site are different and what may not be appropriate tor one site may be perfect for another. After discussion. Planning Commission agreed it would be appropriate to leave cross country skiing sales/rental on the list. Schroeder then asked the neighbors’ opinions regarding snowmobile operation. Steve Brown commented that within reasonable hours of operation, snowmobiles w ere not a problem for him. Don Peterson suggested that he would rather see the marinas have winter uses that would require well kept parking spaces than seeing dozens of boats stored all winter. Schroeder questioned as to whether Peterson felt it was a reasonable trade-off to get rid of the winter-stored boats and allow three Maxwell Bay marinas to have winter snowmobile operations with machines coming and going until say 9:00 p.ra. Peterson suggested that the volume of snowmobile traffic is not likely to be high! and he feels that the trade-off would be nicely landscaped parking and elimination of boat storage. Peterson also argued that selling, renting and repairing snowmobiles is not significantly different than selling, renting or repairing boats. Rowlette concluded that neither cross country skiing nor snowmobile sales/rental/service should be totally eliminated from the list at this time. Schroeder observed that the neighbors have indicated no universal objection to sales, service and rental os snowmobiles. Mike Hilbelink commented that by limiting the uses of marina propenies. you may be taking away funire value from those propenies. He indicated that not all marinas would have the facilities to operate a snowmobile business. Schroeder countered that sales, rental and repair of snowmobiles currently is not in the code so if anything the City is considering adding uses that might add to the value of marinas rather than take away value. Bev Blomberg noted that she would be concerned about snowmobiles lax at night and those trespassing on private yards. concurred, noting that boats stay in the lake, but snowmobiles can go virtually anvwhere. She would be more apt to allow sales and service, but not rental. She also noted that snowmobiles today are much quieter and those that pass by her house near the lake have not been a problem lately. She also suggested that because snowmobiles are becoming so expensive, rental mav be a more viable outlet for their use. MLNLTES OF THE ORONO PLANNING CO;\LMIiiSION WORK SESSION WEDNESDAY. JANX'ARY 5. 1994 Brown noted he had been involved in trail planning in Carver County, and his experience with landowners had been that they generally have no problem with snowmobiles as lone as they « A amSlav out of mv vard". Schroedcr moved the discussion along to the conditional use list, leaving cross country skiing and snowmobile sales/rental'service/lake operations base for further discussion later. Schroeder noted that "transient boat launching" means a manna would essentially act as a public access ramp. After brief discussion. Planning Commission agreed that transient boat launching was a reasonable conditiorul use as along as parking is addressed, and ultimately might reduce car-trailer parking on the street. Regarding boat clubs. Schroeder defined them as "multiple persons sharing in the use of a single boat", resulting in more hours of usage for a smgle boat as compared to the normal single owner siniation. Rowlelte indicated her family doesn’t boat on weekends due to overcrowding of the lake. Richie Anderson suggested that 6-8 individual members was t> pical per boat in a boat club and that the boat club concept would not increase boat density’ on the lake given that the 8 users have only a single boat, whereas 8 individual boats being used by 8 owners would certainly increase densitv. Ma’ousth questioned the parking needs for boat clubs. Rowlette indicated the concept would-be a problem if for instance, every smgle slip at a marina was devoted to boat club use, which would potentially yield every one of the slipped boats being used all the time. Hilbelink suggested that a boat club is no different than a rental boat simation in terms of amount of usage per boat. Schroeder made the point that under the normal structure, 100 boats could be used individually by 100 families, but under a boat club structure, those 100 boats could be used by 600 families, and the relative amount of usage of those 100 boats would increase substantially. Parking would not necessarily be an issue, because not all 600 families would be there at once. Regarding on-demand launch of customer’s boat stored on site, Gaffron noted that this could be accomplished bv drv stack, or by boats sitting on traders outside. The theory is that the customer would'calfahead, telling the marina to have their boat in the water and ready to go m an hour Rowlette noted this was quite prevalent in Florida and other areas, but net as common vet in Orono She also suggested she would rather see such storage inside buddings rather than outside. Gaffron noted ^hat while Orono has historically only allowed North Shore Drive Marina the use of 20 of its 72 dry stack spaces for boats for lake use, the LMCD licenses all 72 as lake use slips. The fallacy is that LMCD doesn’t count boats stored on trailers for lake use in their licensing count. Schroeder suggested that the Planning Commission may at some point address the boat density issue, and needs to be thinking about standards and regulations for parking at mannas. r MINUTES OF THE ORONO PLANNING COMMISSION WORK SESSION WEDNESDAY, JANUARY 5, 1994 Regarding other conditional uses for further discussion, the Commission agreed to leave restaurant on the conditional use list for the time being until the coffee issue is further discussed, had no problem with cigarene sales or 3.2 beer under the current regulations, and took a dim view of allowing a lake/lake structure maintenance operations base in the City’. It was noted that Gayles Marina has three barges which are quite unsightly. Gaffron noted that these operations have to occur somewhere on the lake. It was determined to leave that on the list tor lunher discussion. It was also brought up that dock and boat lift insullation was another similar use which would need to be addressed. Anderson summarized his position as a marina representative that if his current business operation is not making it fmancially, he wants to retain the ability to try something else at the same location, and the more his options are limited by the City, the tougher it gets. He suggested that if all of the marinas were well-run and attractive, we wouldn t be sitting here. Perhaps there should be fmes levied for unsighUy things, which might get the mannas looking better. Schroeder questioned whether all the marinas had ever sat down together and talked about using peer pressure to address some of these problems. Rowlerte suggested that the marina operators should get together and those who are doing a good job should put pressure on those who aren’t. Anderson didn’t agree with the concept that the City lumps all the marinas in a single box. a single set of rules. Schroeder countered that that is what ordinances do. Peterson suegested that the City stop concentrating on uses and start looking at performance standards. Gaffron indicated that performance standards are the next topic for discussion at upcoming meetings. Schroeder thanked the members of the public for coming and stating their views, and invited them to come to the next meeting and bring their neighbors. The next meeting is scheduled for February 2. Rowlette requested for the next meeting information regarding dock construction, location and regulation. ADJOURNMENT The meeting was adjourned at 8:05 p.m. Charles Schroeder, Chair Person. 8