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HomeMy WebLinkAboutChp 11/regulation of structures within the lake . . � CHAPTER II REGULATION OF STRUCTURES WITHIN THE LAKE Section 2 . 001 . Statement of Findings . The Board of Directors of the LMCD finds and determines that: a) Increasing population and development pressure is occurring and is likely to continue in the future; b) Such pressures increase the storage of watercraft on the public waters of the Lake; c) There is a relationship between watercraft storage on the Lake and the intensity of watercraft usage; and . d) The intensity of watercraft use and storage on the public waters of the Lake has the effect of: diminishing the aesthetic and recreational qualities of the Lake; increasing congestion along the shoreline; endangering the safety of users of the Lake; reducing the total area of lake surface available for public use; adversely affecting wildlife and its habitat on the Lake and along the Lake shore; and polluting the Lake and its - - shore . Accordingly, in furtherance of the purposes, goals and policies set forth in Section 1 . 01 of this Code, the Board has adopted the provisions of this Chapter. Section 2. 01�. Authorized Dock Use Area. Subd . 1 . Prohibition. No person shall use any area of � the Lake outside an authorized dock use area, for docks , moor- ings, watercraft storage, swimming floats, ski jump storage or diving towers , unless such use is specifically permitted under the provisions of this chapter. No perscn shall use any area of the Lake within any authorized dock use area for docks, moorings, watercraft storage, swimming float:s, ski jump storage or diving towers without the consent of the riparian owner. No person who is in charge or control of any property on the Lake whether as owner, tenant, occupant, lessee, or otherwise, shall allow any sunken, wrecked, junked, or discarded watercraft to remain within any dock use area for a period of longer than one week; provided, however, that this limitation shall not apply to watercraft within the dock use area of a commercial establishment engaged in the business of repairing and rehabilitating watercraft which is , so engaged with regard to such watercraft . , Subd. 2 . Description of Authorized Dock Use Area : An authorized dock use area is described as follows : - , � a) Length - The authorized dock use area for sites bordering on the Lake extends into the Lake a distance equal to the site Lake frontage to be measured at right angles to the side site lines and, except as provided herein, shall not extend into the Lake a distance of qreater than 200 feet in the case of commercial docks in existence on August 30 , 1978, and 100 feet in the case of other docks to be measured on a line parallel to the site side lines as extended into the Lake. In the case of commercial docks in existence on August 30, 1978, the lakeward extension of the dock use area more than 100 feet from the shoreline shall be limited to the distance from shore of the docks in existence on said date and that portion of said docks more than 100 feet from the shoreline may not be altered or expanded. A site in existence on February 5 , 1970 , which has a Lake frontage of 40 feet or more, but less than 60 feet, may have a dock extending up to 60 feet into the Lake. Any such site which has a Lake frontage of less than 40 feet may have a dock which extends beyond the authorized dock use area to the point neces- sary to reach a water depth of three feet, and no further; provided that no such dock shall be located or extended more than 60 feet into the Lake. Side setback requirements shall be observed, however, unless a variance is granted by the Board under Section 1 . 07 . - . b) Width - The authorized dock use area for sites border- ing on the Lake is limited in width by the setback limitations prescribed 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 The setback shall be Zero to 50 feet � 10 feet 50 to 100 feet 15 feet 100 to 200 feet 20 feet 1) Where boat slips open toward a side site line, the setback provided shall be at least equal to the slip depth, but shall not be less than 20 feet. 2) Setbacks shall be doubled for all multiple docks or mooring areas and commercial docks on each side where such multiple docks are not located adjacent to another multiple dock or mooring area or commercial docks; provided, however, that multiple docks or mooring areas and commer- cial docks in existence on May 3 , 1978 , shall be non-conforming structures and shall not be - 17 - /'"', �.; -- 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 , may be expanded to a side setback limitation of five feet, provided that such setback in no way impairs access to neigh- � boring docks . . c) Measurement - Authorized dock use areas shall be mea- sured from the point which forms the shoreline when the Lake is at elevation 929 . 4, National Geodetic Vertical Datum, 1929 . d) Temporary dock extensions . During periods 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 the applicant . 2) The extension shall be a temporary, seasonal type dock . No extensions may be on pile driven i ` or permanent yearround docks . 3 ) The extension shall meet all requirements 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 feet and, at any given time, shall be permitted only 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 of watercraft than are licensed if a license for the dock is required under this Code. Subd. 3 . Common Use of Adjacent Dock Use Areas. Two or more adjoining site owners may by mutual agreement adjust these side setback requirements or may use their combined authorized � dock use areas for a single common dock or mooring area for their respective non-commercial private uses, but in any event, must ; - _ observe these side setback requirements at the outer site lines � _ of the combined sites involved in such a joint use . A dock or mooring area located, constructed, installed or maintained under _ , R _ /� . . I this provision shall not be considered a "multiple dock or mooring area" unless such dock or mooring area is constructed or maintained for the storage of five or more restricted watercraft . Section 2 . 02 . Shoreline Requirements . Subd. 1 . General Rule. No new docks or mooring areas shall be constructed or established which provide space for or are used for mooring or docking a greater number of restricted watercraft than one for each 50 feet of continuous shoreline in existence on May 3 , 1978 , unless authorized to do so by special den.sity license pursuant to Section 2 . 05 . For sites wi�th contin- uous shoreline greater than 100 feet, when measurements deter- mining the number of restricted watercraft allowed result in the provision of a fractional restricted watercraft, any fraction up to and including one-half ( 1/2 ) shall be disregarded, and frac- tions over one-half ( 1/2) shall be counted as one additional restricted watercraft . 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 site -� (as defined in Section 1 .02) which was in existence on August 30, � , 1978 . Subd. 3 . Special Rule for Sites Established After Augusti 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 area facility which is located on a site (as defined in Section 1 .02) established after August 30, 1978 , provided there. is a residence on the site and the dock and docking rights are owned solely by the re5idents of that site. Subd. 4 . Additional Watercraft Allowance for Watercraft Owned by Residents . Three or four restricted watercraft may be kept at docks or moorings described in Subdivisions 2 and 3 above if all restricted watercraft are owned by and registered to the residents of the site. Section 2 .03 . Multiple Docks, Mooring Areas, Launching Ramps and Docks in Excess of 100 Feet in Length. Subd. 1 . License Required. No person may locate, con- struct , install or maintain a dock of more than 100 feet in length or a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the Lake, or in the waters of the Lake unless licensed by the Board to do so. Subd. 2 . Application for License . Application for a license shall be made on forms provided by the Executive Director. � _ ia _ �. The application for license shall contain (a) the name and address of the applicant, (b) the description of the property on which the facility is to be located, (c) the name and address of the owner of the premises, if different from the applicant , (d) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (e) a showing that all requisite permits, licenses and approvals from the local munici- pality have been obtained and that the requirements of any other governmental authority have been met , and ( f) a plan showing the design and location of the facility including all Boat Storage Units. The application shall include such other information as the Executive Director may reguire to assist the Board in consid- eration 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; provided that no fee shall be required for applications for launching ramps owned and operated by municipalities or other governmental agencies 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 time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District . The Board shall approve all expenses charged against the deposit , and the unused portion thereof shall be _ returned to the applicant. The application shall state that the � � applicant agrees to reimburse the District for any legal, survey- � ing, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit . No such deposit shall be required in the case of renewal applica- tions under Subdivision 13 of this Section or new license appli- cations required by Subdivision 6 of this Section which do not require a public hearing, unless a hearing is requested by the applicant pursuant to Section 1 . 06 , Subd. 12 . Subd. 3 . Issuance of License. Licenses required by this section may be issued after a public hearing by the Board. Proceedings for the issuance of a license and the granting of a variance under Section 1 . 07 may be combined and conducted as one proceeding. The Board may impose conditions on the granting of a license, which conditions shall be in writing. a) Review Criteria . In exercising its � discretion in granting or denying licenses, the Board may consider, among other things, the following: 1 ) Whether the proposed facility is compatible with the LMCD watercraft den�ity classification criteria . 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. _ �n _ 4) Whether the proposed facility will create a --� volume of traffic on the Lake 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 affect 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 in the vicinity of the facility. 9 ) Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. � 10 ) Whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area . 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 mooring areas or launching ramps on the Lake for the purpose of increasing non-riparian property values is not a valid considera- tion in licensing such facilities . Subd. 4 . Implied Consent to Inspection. By making appli- cation for a lieense, the applicant consents to permitting officers and agents of the district to enter upon the applicant ' s premises at all reasonable times to investigate the application and to determine whether the ordinances of the district are being complied with. The application form shall contain a statement to this effect . Subd. 5 . Construction and Maintenance Standards . Gon- struction of licensed multiple docks or mooring areas, launching ramps and commercial docks must comply with all local , state and federal regulations applicable to facilities and services pro- vided; municipal zoning, parking and other land use regulations � applicable to the facility; and the rules and regulations• con- _ tained in this code pertaining to Lake use and structures in the _ �i _ � - Lake. All licensed multiple docks and mooring areas, launching ramps and commercial docks shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and orderly condition at all times . Subd. 6 . Compliance with Conditions . A violation of any condition imposed by the Board shall be a violation of this section and grounds for revocation, suspension or modification of conditions of the license pursuant to Section 1 . 06 , Subd. 9 . Subd. 7 . New Licenses Required. Any change in slip size, ownership, length, width, height or location of a structure or launching ramp 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 dock, ,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 occupied by the dock or launching ramp, the use of the dock or launching ramp, or the 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, all author- ized Boat Storage Units at the licensed facility will be speci- fied by number on a copy of the dock or mooring area plan for the facility. b) Storage Rule. No watercraft may be kept, stored, tied or moored except at the location of a Boat Storage Unit desig- nated as such on a current license issued pursuant to this section, and no facilities requiring a license under this Section may be used to keep, store, tie or moor a greater number of watercraft than the total number of designated Boat Storage Units for that facility. c) Special Rule for Transient Facilities . At the time of the issuance of a license pursuant to this Section for transient - 22 - , 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 requirements 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 may be kept, stored, tied or moored except at the location of a Boat Storage Unit designated as such on a current license issued pursuant to this section; however, more than one watercraft may be tied or docked at a Boat Storage Unit, on a transient basis only, provided such use of the facilities do not represent a hazard to navigation or to the safety of the public or persons using such facilities . Subd. 9 . Dock Extensions . N� multiple dock or mooring area or commercial dock shall extend across the extended zone line between sites zoned differently by a municipality. Subd. 10 . Fuel Sales Facilities . A 25-foot addition may be allowed, in the discretion of the Board, at the outer end of a commercial dock for the purpose of fuel sales and related ser- vice, but in no case for the storage of watercraft or rental of dock space. Subd. 11 Service Consoles . The Board may authorize the ' construction and maintenance of service consoles as part of an - - annual multiple dock license under this section subject to the following limitations : 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 may not exceed four and one-half feet in height , three feet in width and six feet in length or such smaller dimensions as may be specified by the Board; 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 forth in Subd. 3 of this section and on the applicant ' s demonstrated need for a service console for the storage of such items as fire and safety equipment, motor oil , and credit card machines; 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 engaged 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 _ �-� _ : ��-_. ( ._ :_.- 2) have any horizontal dim.ension 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 �tater- craft . No lighting in the area of the Lake shall be installed or directed so as to affect adjoining dock use areas or create a hazard to navigation. 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 applications received after December lst unless the application is accompanied by a late fee, which shall be estab- lished from time to time by resolution of the Board. A public hearing is nat required for a license renewal unless requested pursuant to Section 1 . 06 , Subd. 12 . Subd. 15 . Transient Authorized Dock Use Area. The transi- ent use of docks 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 . Section 2 . 04 . District Mooring Areas . _ Subd . 1 . Establishment . District mooring areas may be established and maintained in the Lake beyond the authorized dock _ �n _