HomeMy WebLinkAboutOrd #240 - 3rd Ser/Removing Licensing Requirements forMarinas-Joint use Facilities ORDINANCE NO.240 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
REMOVING LICENSING REQUIREMENTS FOR MARINAS
AND JOINT USE FACILITIES, AND ADJUSTING
THE PERMITTING REQUIREMENTS FOR SEASONAL AND JOINT USE DOCKS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sec. 86-66 shall be amended by adding text to read as follows:
Permits for Docks
Sec. 86-66. -Required.
(a)Permits required. It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish any building or structure, or any part or portion,
including but not limited to the general construction, plumbing, on-site sewage treatment
system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause
such work to be done, without first obtaining a separate building, sign, or general permit for
each such building, structure or separate component from the city.
Exception. Seasonal Docks, except for Joint Use facilities are exempt from this section. For
the purposes of this section, seasonal docks are docks so designed and constructed that they may
be removed from the Lake on a seasonal basis. All components such as supports, decking, and
footings must be capable of removal by manual means without use of power equipment,
machines, or tools other than handheld power tools.
SECTION 2. Chapter 94,Article II Joint Use of Lake Facilities shall be amended by
adding text to read as follows:
ARTICLE II. -JOINT USE OF LAKE FACILITIES
Sec. 94-36. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Boat slip, land, means a structure, space or other thing designed or used for storing a boat
temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed
premises.
Boat slip,permanent, means a boat slip on land or water used for the storing of a given boat
on a long-term or yearly basis.
Boat slip, transient, means a boat slip on land or water used for the temporary storage of
many different boats for short periods of time.
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Boat slip, water, means a structure, space, dock or other thing designed or used for the
docking, mooring or storing of a boat temporarily or permanently in or on water, including
mooring posts, buoys or other devices.
Joint use means more than two adjacent riparian landowners joining for the purpose of using
lakeshore property for swimming, bathing, fishing, docking or mooring boats, or for any other
purpose. Joint use includes the following activities:
(1) More than two adjacent riparian landowners sharing in the use of a single dock.
(2) An association of riparian and/or nonriparian landowners within a subdivision adjacent
to the lake sharing a dock or dock system providing permanent boat slips for the members.
(3) In the RS zoning district only, a not-for-profit organization or association providing
transient boat slips for stakeholders or a property used for day use recreation or overnight
camping purposes.
Sec. 94-37. - License.
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an annual license from the city.
(b) Any person or group of persons making application for a joint use license shall do so on forms
provided by the city and shall provide such information as may be deemed necessary by the
council in order to act on such application. The fee for license applications shall be set by
ordinance.
(c) Upon filing of any application for license, the council may call a hearing upon such notice as
it may deem appropriate. No such hearing shall be mandatory, but wholly within the discretion
of-the council; except that a hearing shall be held at the request of the applicant in cases of
license revocation or denial.
Sec. 94-38. - Joint use standards.
Joint uses shall adhere to the following standards:
(1) Any association of riparian and/or nonriparian landowners within a subdivision adjacent
to the lake which initiates a new joint use shall adhere to Lake Minnetonka Conservation
District regulations, and no such use shall have more than one boat slip per 50 feet of
shoreline as measured by a straight line between the points at which the side lot lines meet
the ordinary high water line.Further,all such use shall adhere to the shoreland management
regulations of chapter 78, article IX.
(2) Any joint use in the RS zoning district by a not-for-profit organization or association
providing transient boat slips for stakeholders of a property used for day-use recreation or
overnight camping purposes shall be allowed only in conjunction with a valid conditional
use permit for such use issued by the council.
(3) No joint use shall be approved which necessitates provision of parking stalls or which
creates the need for parking on any street right-of-way.
Each marina business within the B 2 lakeshore business district shall obtain an annual
marina business license per the provisions of this Code.
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SECTION 3. Chapter 94, Article III Marinas shall be amended by adding and deleting
text to read as follows:
ARTICLE III. - MARINAS
DIVISION 1. - GENERALLY
Sec. 94-71. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Boat slip, water, boat slip, land, boat slip, permanent, and boat slip, transient, shall have
the meanings given them in section 94-36.
Business of docking, mooring or storing boats means renting or otherwise providing space,
including boat buoys, for docking, mooring or storing one or more boats belonging to persons
other than the owner or occupant of the property, except when permitted licensed as a joint use.
Business use means engaging in either a marina business or the business of docking,
mooring or storing boats.
Marina business means engaging in one or more of the permitted, accessory or conditional
uses allowed within the B-2 zoning district.
(Ord. No. 117 2nd series, § 2(5.43(1)), 6-28-1993)
Cross reference—Definitions generally, § 1-2.
Sec. 94-72. - Zoning standards.
Businesses operating required to be licensed under this article shall be subject to the
requirements and performance standards of the B-2 zoning district.
(Ord. No. 117 2nd series, § 2(5.43(5)), 6-28-1993)
Sec. 94-73. -Designation of primary operator.
The primary business operator on the property shall be the licenseholder and shall be
responsible for notifying the city of any and all businesses subleased on the premises. Such
secondary businesses shall not be separately licensed but shall be allowed only when in
conformance with the provisions of the B-2 zoning district standards.
(Ord. No. 117 2nd series, § 2(5.43(5)(B)), 6-28-1993)
Sec. 94-74. - Operation standards.
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Each business licensee shall adhere to the following minimum operation standards:
(1) Parking facilities on the site shall be managed so as to eliminate traffic or parking
congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring
property.
(2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m.
(3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as
necessary to accommodate normal fishing activity or private use of premises-stored boats.
(4) The site shall be kept neat and orderly, and free of garbage.
(5) On-land storage of boats shall be managed so as to eliminate any view obstructions for
traffic entering and leaving the site.
(6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited to
those locations shown on an approved site operation plan, which plan shall be submitted or
updated as part of the annual license application. Such site operation plan shall also indicate
seasonally variable uses.
(7) Lights shall be shielded from the road, the lake and adjacent properties.
Chapter 94,Article III, Division 2.
Marinas
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Sec. 94 96. Required.
al license from the city.
Sec. 94 97. Application.
forms provided by the city and shall provide such information as may be deemed necessary by the
council in order to act on such application. The fee for license application shall be set by
resolution.
Sec. 9498. Hearing.
Upon filing of any application for a business use license, the council may call a hearing upon
such notice as it may deem appropriate. No such hearing shall be mandatory but wholly within the
of license revocation or denial.
Sec. 94 99. Insurance required.
license period. . • .
Sec. 91 100. Business use licenses limited to B 2 zone.
business use is allowed by ordinance in another zoning district, such use conducted in that district
shall not be required to obtain a license.
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Sec. 94 101. Revocation.
Secs. 94-102--94-135. - Reserved.
SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 9th day of March, 2020 on a vote of 4 ayes and o nays by the City
Council of Orono, Minnesota.
ATTEST:
aie "AO
nna Carlson, City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker Pioneer newspaper the week of Mar. 14 , 2020.
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