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Lake Minnetonka Conservation District |
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Sec. 2.001 (Rev. 6-99) CHAPTER II REGULATION OF STRUCTURES WITHIN THE LAKE
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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, moorings, watercraft storage, swimming floats, ski jump storage or diving towers, unless such use is specifically permitted under the provisions of this chapter. No person shall use any area of the Lake within any authorized dock use area for docks, moorings, watercraft storage, swimming floats, 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
Sec. 2.01, Subd. 2 b) (Rev. 6-99) the Lake a distance of greater 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 necessary to reach a water depth of four feet, measured from 929.4 feet NGVD, and no further; provided that no such dock shall be located or extended more than 60 feet into the Lake. Side setbacks requirements shall be observed, however, unless a variance is granted by the Board under Section 1.07. The authorized dock use area for dock facilities owned and operated by state agencies, Hennepin County, the LMCD or cities bordering on the Lake and used exclusively for law enforcement, public safety or LMCD purposes may extend up to 125’ into the Lake. b) Width - The authorized dock use area for sites bordering 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 commercial docks in existence on May 3, 1978, shall be non-conforming structures and shall not be subject to this subparagraph 2.) as long as such structures are not expanded, and further provided that setbacks established by Section 2.12, Subd. 3 are not required to be doubled pursuant to this Sec. 2.01, Subd. 2 c) (Rev. 6-99)
subparagraph 2). 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 neighboring docks. c) Measurement - Authorized dock use areas shall be measured from the point which forms the shoreline when the Lake is at elevation 929.4, National Geodetic Vertical Datum, 1929. d) Temporary low water dock extensions for docks not requiring a license under Section 2.03. (For multiple docks or mooring areas, refer to Section 1.07, Subd. 9.) During periods when the Lake level falls below 928.0 feet and when so declared by resolution 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 or permanent year round 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 928.0 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. 6) Temporary extensions must be removed for the winter season,
no later than November 15. e) The authorized dock use area includes the area on, under,
and over the surface of the Lake.
Subd. 3. Setback Adjustments and Common Use of Adjacent Dock Use Areas. Two or more adjoining site owners may by mutual agreement adjust the side setback requirements between such adjoining sites or may use their combined authorized dock use areas for a single common dock or mooring area subject to the following conditions:
Sec. 2.01, Subd. 3 a) (Rev. 6-99)
a) Adjustment of side setback requirements is permitted subject to the following limitations: 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners; or b) between an owner of a municipal dock and an owner of a multiple dock. 2) owners must observe side setbacks at the outer site lines of such adjoining sites. 3) setbacks may not be adjusted if the effect is to increase the authorized dock use area of a site used for a structure or for watercraft storage which is not in compliance with the current provision of section 2.05. 4) separation between docks on such adjacent sites must be no less than the following:
b) Use of one or more sites for a single common dock or mooring area is permitted subject to the following limitations: 1) combination is only permitted between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners. 2) only one dock structure may be constructed on the combined dock use areas. 3) no more restricted watercraft may be stored by any owner of a combined dock facility than would be permitted at that owner's site. c) side setbacks and dock use areas between two or more adjoining sites may be adjusted by mutual consent of the site owners subject to the following conditions: 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners; or b) between an owner of a municipal dock and an owner of a private non-commercial dock.
Sec. 2.01, Subd. 3 c) 2) (Rev. 6-99) 2) owners must observe side setbacks at the outer site lines of such adjoining sites. 3) consent to the adjustment is revocable by any party to the agreement at any time. In any case in which any structure in the dock use areas of any of the adjacent sites requires a license under this Code, each annual license application must include a written consent of the owners of all affected sites. 4) no more watercraft may be stored at the adjacent sites affected by the adjustment than the sum of the number of watercraft which would be allowed at each site if there were no such adjustment. Subd. 4. Watercraft Length Limitations. Watercraft stored at dock structures reconfigured in accordance with section 2.015, must be in compliance with watercraft length limitations established under Section 2.015, Subd. 9. Section 2.015. Reconfiguration of Non-Conforming Structures. Subd. 1. Purpose. The protection and preservation of Lake Minnetonka has required increasingly strict regulatory measures. While the board has determined that these measures are generally appropriate on a lake wide basis, it has recognized that requiring existing facilities to come into compliance with new requirements of the code can impose substantial hardships. Therefore, as regulation of docks and boat storage on the Lake has changed, the board, in some cases, has allowed docks lawfully in existence at the time of adoption of new ordinances to continue. In conferring such non-conforming status, the board has imposed limitations on alterations or expansions of such facilities. However, the board has determined that these limitations may be unduly restrictive without significantly advancing the public interest. The purpose of this section is to alleviate the hardship created by prohibiting changes or alterations in non-conforming dock structures for enhancing safety or to meet market demands, without compromising the spirit or intent of this code of ordinances or conferring substantial rights on owners of non-conforming docks which are not available to owners of new or conforming dock structures. Subd. 2. Applicability. a) Applicability Generally. This section applies to all dock facilities which are not in compliance with the requirements of the LMCD Code of Ordinances applicable to new facilities, but which are lawfully in existence by reason of code provisions explicitly allowing such non-conformities to continue. b) Exceptions to Code Requirements. By following procedures set forth in this section, owners of dock facilities on 2.015, Subd. 2 b) i) (Rev. 6-99)
Lake Minnetonka may apply to the Board for permission to alter the configuration of non-conforming dock facilities notwithstanding: i) the provisions of section 2.01, subd. 2(a) which prohibit alteration of docks extending more than 100 feet from the shoreline; ii) the provisions of section 2.05, subd. 9, which prohibit changes involving an increase in slip size without first securing a special density license pursuant to section 2.05; and iii) the provisions of 2.10, subd. 3, which prohibit the expansion of non-conforming uses. c) Applicability of Other Code Provisions. Except as otherwise specifically provided in this section, the reconfiguration of non-conforming docks must comply, in all respects, with the requirements of this Code. Subd. 3. Rules. No new dock license for reconfiguration of non-conforming docks under this section shall be issued which does not comply with the following requirements. a) The application may not result in an increase in Boat Storage Units. b) The application may not result in an increase in total square footage of slips associated with Boat Storage Units as determined in accordance with subd. 4 of this section. c) The application may not result in a lakeward extension of the dock any further beyond 100 feet from the 929.4 NGVD shoreline than the existing dock. d) The application may not result in any further extension into non-conforming side setback areas than the existing dock. e) In the case of docks not in conformance with the provisions of section 2.01, subd. 2b)2) applicable to new facilities: i) no new Boat Storage Units shall be located in the side setback area without first securing a variance pursuant to section 1.07; and ii) the application may not result in an increase in slip length of any slips opening toward the non-conforming side setback area. Subd. 4. Procedure. a) Application. An application for reconfiguration of a non-conforming structure shall be filed with the executive director on a form prepared by the executive director, and the applicant shall provide such additional information as is deemed necessary by the executive director for consideration of the application. The application shall also be accompanied by an Sec. 2.015, Subd. 4 b) (Rev. 6-99)
application fee in an amount which shall be established from time to time by resolution of the Board. 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 and 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, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. b) Board Determination. Upon receipt of a complete application together with the appropriate fees, the application shall be forwarded by the executive director to the Board together with a recommendation for determination of the total square footage of slips at the existing dock facilities and of a perimeter within which reconfigured docks and boat storage must be located. The executive director shall also report to the Board the status of all existing non-conformities, variances and special density licenses of the facility. The executive director shall also publish notice of a public hearing on the application in accordance with section 1.05. Following the public hearing, the Board shall adopt a resolution determining the total square footage of the slips at the existing dock facility and the perimeter within which all reconfigured docks and boat storage must be located. c) Guidelines and Policies. The Board may, from time to time, adopt policies and guidelines for determination of the total square footage of slips at dock facilities and for the determination of perimeters within which reconfigured docks and boat storage must be located. d) Application for New Dock License for Reconfigured Dock Facilities. Following receipt of the resolution adopted by the Board under paragraph (b) of this subdivision, the applicant may apply to the Board for a new dock license pursuant to Section 2.03. Such initial application, or any subsequent application, may be made for a reconfigured dock facility which: (i) does not increase the total square footage of slips of the existing facility as determined in the resolution of the Board; (ii) does not extend beyond the perimeter established by the resolution of the Board; and (iii) is in compliance with the requirements of subdivision 3 of this section. Except as provided in this section, the provisions of Section 2.03 shall govern consideration of the new dock license application. e) Concurrent Application. The applicant may elect, at the applicant's own risk, to submit concurrent applications for the determination of dock facility perimeter and total square footage of slips, and for a new dock license. In such event, the Board shall conduct proceedings as a single combined application and shall issue its orders for determination of dock facility Sec. 2.015, Subd. 4 f) (Rev. 6-99) perimeter and total slip square footage and new dock license following a single, combined public hearing. f) Facilities Currently Existing under Previously Issued Variances. In the case of facilities currently existing under previously granted variances, the application for a new dock license must be accompanied by an application for a variance or variance amendment pursuant to Section 1.07 unless the new dock license conforms to all requirements of the previously granted variance order. Proceedings for consideration of such variance application and new dock license application shall be conducted concurrently. Subd. 5. Perimeter. All docks, moorings, watercraft storage, swimming floats, ski jump storage and diving towers must be located within the perimeter established by resolution of the Board under this section. Subd. 6. Abandonment. a) General Rule. In the event a new dock license for a reconfigured dock facility is granted under this section, and the applicant constructs a reconfigured dock in accordance with such new dock license, the applicant shall be deemed to have abandoned the applicant's previously existing non-conforming status with respect to: (i) the number of Boat Storage Units; (ii) extensions of dock facilities more than 100 feet from the shoreline; (iii) dock side setbacks which are not in compliance with the provisions of this Code applicable to new facilities; and (iv) total square footage of slips at the facility. Thereafter, such facility shall have only such rights to continue as a lawful non-conforming structure as are conferred in the new dock license. b) Minimum Slip Size. For purposes of paragraph (a) of this subdivision, no slip which has a smaller width than 6 feet or a shorter length than 14 feet will be considered as a Boat Storage Unit for the purpose of maintaining lawful non-conforming status with respect to boat storage density requirements of this Code. Subd. 7. 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, morning 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 policies and regulations adopted by the Board. Subd. 8. Conversion of Slides to Slips. The Board may authorize the conversion of licensed slides to slip storage spaces Sec. 2.015, Subd. 8 b) (Rev. 6-99) at dock facilities under this section subject to the following: a) The slides must be licensed for the same site. b) Application for conversion shall be made by applications for reconfiguration under this section and for new dock licensees under Section 2.03 and subject to the review criteria of Section 2.03, Subd. 3. c) The conversion of slides to slips may not increase the number of boat storage units at the site. d) In converting slides to slips the applicant shall be given credit for 100 square feet of slip space for each slide converted. e) All slides converted to slips must be removed. Subd. 9. Watercraft Length Limitation. a) It is a condition of all dock licenses issued for docks which are reconfigured under this section after June 5, 1998, that all watercraft stored at an authorized boat storage unit location must comply with the length limitations of this subdivision. No watercraft may be stored at any boat storage unit location which has a length overall (LOA) which exceeds the following limitations: 1) for boat storage units enclosed by a slip with an end and two sides, the length of the longer side, including licensed dolphin poles, plus four feet; and 2) for all other boat storage units, the length of the side of the boat storage unit location at the dock which is parallel to the longitudinal axis of the watercraft, including licensed dolphin poles, plus four feet. However, for any boat storage unit the Board may specify a different length limitation at the time of approval or renewal of a multiple dock license if the Board concludes that the lengths specified in paragraph a) and b) above are not appropriate. In addition to the watercraft limitations specified in this subdivision, all watercraft must be stored completely within the authorized dock use area of the site. b) For purposes of this subdivision, LOA means the hotizontal measurement from the foremost to the aftermost points of the watecraft, including all equipment and attachments in their normal operation positions.
Section 2.02. Shoreline Requirements. Subd. 1. General Rule. No new docks or mooring areas shall be constructed, established or maintained that 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 density license pursuant to Section 2.05. For sites with continuous shoreline greater than 100 feet, when measurements determining 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 fractions 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 provisions of Subd. 1 above, up to two restricted watercraft may be moored or docked at any dock or mooring facility that is located on a site (as defined in Section 1.02) that was in existence on August 30, 1978. Subd. 3. Additional Watercraft Allowance in Certain Cases. Unless a greater number is authorized by the provisions of Subd. 1 above, up to four restricted watercraft may be moored or docked at a dock or mooring area located on any site (as defined in Section 1.02) provided that all of the following conditions are met: a) There must be one, and no more than one, single family residential structure on the site. If there is no residential structure on a site, any one off-lake lot, parcel or other piece of property that 1) is legally subdivided and recorded in the office of the County Recorder; 2) adjoins the site or is separated from the site only by a public right-of-way; 3) is under common ownership and unified use with the site; and 4) is occupied by one single family residential structure, may be designated to be a part of one site by the owner, for purposes of this paragraph. b) The dockage rights at the site are owned exclusively by the owners of the lot parcel or other piece of property on which the residential structure referred to in paragraph a) is located. c) All of the restricted watercraft moored or docked at a dock or mooring at the site must be owned by and registered to persons who live in the one residential structure referred to in paragraph a). The homestead or non-homestead status of property for ad valorem real estate tax purposes has no bearing on or application to this subdivision. Subd. 4. Special Rule for Non-Conforming docks and Moorings in Existence on May 3, 1978. Docks and mooring areas lawfully in existence on May 3, 1978 may continue provided the number of restricted watercraft moored or docked at such docks and mooring areas does not exceed the number moored or docked on May 3, 1978. No such docks or moorings may be maintained without first securing a dock license under Section 2.03 or a non-conforming use permit under this subdivision. Applications for non-conforming use permits shall be made on forms provided by the District and upon payment of the fee established by resolution of the Board. Non-conforming use permits need not be renewed on an annual basis. Such licenses and permits will be issued only after a public hearing and upon presentation of evidence deemed sufficient by the Board to prove that the dock or mooring was in existence on May 3, 1978 and that the number of restricted watercraft applied for were moored or docked at such facility as of such date. Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Proximity. The Board may authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat density. Applications for permission to transfer boat density shall be made in accordance with the procedures set forth in section 2.03 and shall be processed as a part of the applicant's multiple or commercial dock license application. Criteria to be considered by the Board in evaluating whether to approve such application shall include all criteria set forth in Section 2.03, subd. 3a). No such permission to transfer boat storage density shall be granted by the Board unless the following additional conditions are met: a) The dock use areas of each transferor site and the transferee site may be no more than 300 feet apart. b) The credit for boat density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreline of the transferor site (with fractional watercraft counted in accordance with subdivision 1). c) The total number of restricted watercraft moored or docked at the transferee site may not exceed one restricted watercraft for each 25 feet of shoreline of the transferee site (with fractional watercraft counted in accordance with subdivision 1). d) No variances, other than temporary low water variances, may be granted for construction of docks at the transferee site. e) As long as the transferee site is used to moor or dock more restricted watercraft than this Code would allow without the transfer of boat density under this subdivision: i) the transferor sites and the transferee site must be in common ownership and without restriction as to material riparian rights; ii) no docks or mooring or docking of boats is permitted on the transferor sites; and iii) the transferor sites must be maintained in essentially a natural state and may not be used for residential dwelling units or commercial uses. Subd. 6. Special Rule for Watercraft of Law Enforcement and Fire/Rescue Agencies. For the purpose of determining the amount of dockage space or number of restricted watercraft that may be moored or docked at a site under this Section, boat storage units shall not be counted if they are used exclusively for watercraft that are either (a) owned by city, county or state law enforcement agencies and operated exclusively for law enforcement purposes, or (b) owned by city fire departments and operated exclusively for fire fighting and rescue services. No license fees shall be charged for boat storage units excepted by this subdivision or for applications to amend dock plans solely to accommodate such boat storage units. Subd. 7. Special Rules for Shoreline Calculation in Certain Cases. In any case in which the measured shoreline at a site exceeds 125% of the distance, measured on a straight line, between the two end points of the shoreline at the site, the Board may adjust the length of shoreline for which credit is given for purposes of computing the number of restricted watercraft at the site as follows: Sec. 2.02, Subd. 7 (a) (Rev. 10-99) (a) Shoreline will not be adjusted to a length shorter than the straight line distance between the end points of the shoreline. (b) Shoreline will be adjusted only for sites requiring a multiple dock license. (c) Shoreline will not be adjusted at any site for any dock facility that was in existence on September 17, 1999 unless the number of boat storage units is increased at the site. (d) The Board will make adjustments to shoreline at the time of issuance of new multiple dock licenses. Adjustments may be made when the Board concludes that the amount of shoreline measured at elevation 929.4 NGVD is not fairly representative of the amount of shoreline that is reasonably useable for the construction and maintenance of docks at the site due to such features as narrow inlets, small coves, highly sinuous shoreline configuration, large areas of the shoreline covered by emergent vegetation or a great difference between the length of measured shoreline and the distance measured along the edge of emergent vegetation between the extended lot lines of the site. Shoreline adjustments shall be made so as to approximate the number of restricted watercraft and impacts resulting from mooring or docking of watercraft to that of other sites with comparable useable dockage space that do not have the same characteristics of unusual topography, shoreline configuration or vegetation.
Subd. 8. Definition of Moored or Docked. For purposes of this Section: (a) a site is considered to be used for mooring or docking more than the permitted number of restricted watercraft if a greater number of restricted watercraft than are allowed by this Section are moored, docked, anchored or secured at the site, for any period of time, on four or more calendar days in any seven-day period; and (b) any restricted watercraft is considedred to be moored or docked at a site if it is moored, docked, anchored or secured at the site, for any period of time, on four or more calendar days in any seven-day period. Section 2.03. Multiple Docks, Mooring Areas, Commercial Docks, and Launching Ramps. density under this subdivision: Subd. 1. License Required. No person may locate, construct, install or maintain 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. 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 municipality 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 require to assist the Board in consideration of the application for the license. The application shall also be accompanied by a license fee which shall be established 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, surveying, 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 applications under Subdivision 13 of this Section or new license applications required by Subdivision 7 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. 2a. As Built Survey. Upon completion of the dock installation, the licensee shall provide an as-built survey of the docks and site indicating the 929.4 foot shoreline, a line indicating the 100 foot distance from shore, dock dimensions, setbacks from property lines and witness marks for seasonal docks. The Executive Director may waive this requirement for seasonal docks. 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 density classification criteria. 2) Whether the proposed facility will be structurally safe for use by the intended users. 3) the facility will comply with the regulations contained in this ordinance. 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. Sec. 2.03, Subd. 4 (Rev. 10-99) 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 consideration in licensing such facilities. Subd. 4. Implied Consent to Inspection. By making application for a license, 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. Construction 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 provided; municipal zoning, parking and other land use regulations applicable to the facility; and the rules and regulations contained in this code pertaining to Lake use and structures in the 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, boat storage units, ownership, length, width, height or location, or change in use from one of the classifications of use specified in Section 2.11, Subd. 2 to another, 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 compliance 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; e) the change will not adversely affect nearby properties, navigation, safety or the environment; and f) the change will not involve a change in use from one of the classifications of use specified in Section 2.11, Subd. 2 to another. 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 authorized Boat Storage Units at the licensed facility will be specified 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 designated Sec. 2.03, Subd. 8 c) (Rev. 10-99) 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 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. d) Special Rule for Storage of Lake Maintenance Equipment. Maintenance equipment such as barges, weed harvesting machines, lake dredging machines, and the like, may temporarily be moored or stored in unlicensed locations, in the vicinity of the work site for the equipment, subject to the following limitations: 1) Equipment may not be located at any one site, as defined in Section 1.02, for more than two business days before and two business days after work is done in the vicinity of that site. 2) Equipment must be stored within a dock use area, as defined in Section 1.02, with the consent of the owner of the site, or in the setback area between dock use areas with the consent of the owners of both affected sites. 3) If, at any time, the storage of such equipment is deemed by the Sheriff to be a hazard to navigation or a threat to the public safety, the Sheriff may order the owner thereof to move the equipment to an appropriate location. Failure to comply with any such order is a misdemeanor. 4) All such equipment must be posted with the identification of the owner and name, address and telephone number of a person who may be contacted in an emergency or may be notified by the Sheriff, if necessary, in accordance with the preceding paragraph. 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.
(Rev. 10-99) Subd. 10. Fuel Sales Facilities. Notwithstanding the provisions of section 2.01, subd. 2a), a 25-foot addition may be allowed in the discretion of the Board, at the outer end of a commercial dock which does not extend more than 100 feet from the shoreline, for the purpose of fuel sales and related service. In the case of non-conforming dock which extends more than 100 feet from the shoreline, the Board may allow the construction of a 25 foot dock addition for fuel sales provided the additional docks extend no further lakeward than the original non-conforming docks. In no case shall docks authorized under this subdivision be used for the storage of watercraft or rental of dock space. Subd. 11. Service Consoles and Shelters. The Board may authorize the construction and maintenance of service consoles or shelters as part of an annual multiple dock license under this section subject to the following limitations: a) the construction and maintenance of consoles or shelters may only be authorized for use in conjunction with the sale of fuel to the public; b) the size of service consoles may not exceed four and one-half feet in height, three feet in width and six feet in length. The size of shelters may not exceed six feet in width, six feet in length and eight feet in height. The Board may further restrict dimensions of consoles or shelters for aesthetic or safety reasons; c) the size, configuration, design and location of service consoles and shelters 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 or shelter for the storage of such items as fire and safety equipment, motor oil, and credit card machines. Shelters will be permitted only when necessary to shelter electronic equipment used in conjunction with the sale of fuel or oil; 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 dimension greater than 8 feet, or 3) have a greater horizontal surface area than 36 square feet, or Sec. 2.03, Subd. 11 d) 4) (Rev. 10-99)
4) be used for advertising. e) No service consoles or shelters shall be used for the display or sale of any goods or merchandise other than fuel and oil. f) The location, design, material, and color of service consoles and associated canopies and of shelters are subject to approval as a part of the annual license required by this section. The color of such facility shall be neutral and unobtrusive so as to blend into the surroundings. g) Consoles, shelters and associated facilities and equipment shall be constructed in compliance with all applicable fire, safety and building codes. h) Advertising and lighting shall conform to all applicable codes. No sign shall use internal lighting. i) The Board may impose any additional conditions to construction and maintenance of consoles and shelters which it deems necessary or appropriate in the interests of the public health, safety or welfare and protection of Lake Minnetonka. Conformance to approved design and any such additional conditions are conditions to the license issued under this section. 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 watercraft. 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 established from time to time by resolution of the Board. A public hearing is not required for a license renewal unless requested pursuant to Section 1.06, Subd. 12. Subd. 15. Transient Authorized Dock Use Area. The transient use of docks or specified portions thereof may be authorized by the Board for commercial docks. Such docks or portions thereof may be used only for transient uses of the commercial establishment and no watercraft shall be permitted to remain overnight. Subd. 16. Special Rules for Municipal Docks. Application may be made under this section for a new multiple dock license which has a length exceeding that which is allowed under Section 2.01, subd. 2 or a width exceeding that which is allowed under Section 2.12, subd. 12 (notwithstanding the prohibition of Section 2.12, subd. 2b). The Board may grant or deny such application or grant such application subject to conditions, after consideration of the criteria set forth in Subdivision 3 of this Section. Notice of the hearing on such new dock applications shall be published and shall be mailed to the owners of all property within 500 feet of the applicant's site. No such license shall be granted unless all of the following conditions are met: a) The dock must be owned and operated by a city, county or state agency. b) The dock must be open to the general public subject to reasonable regulations of the owner. c) No permanent or overnight storage shall be allowed at the dock. d) No license shall be granted for a dock extending more than 150 feet from the shoreline. e) No retail sales, other than fuel, shall be permitted on the dock. Subd. 17. Special Rule for New Dock Facilities Serving More Than One Residential Unit. Multiple Dock Facilities constructed after September 17, 1999 which provide dockage for more than one residential unit shall be so located and configured as to minimize the impact of the facility on adjacent and nearby properties which are not provided dockage at the facility, provided such location and configuration is reasonable, does not pose a hazard to navigation and is deemed by the Board to be generally consistent with the criteria set forth in Subd. 3 of this Section. Subd. 18. Exception for Municipal Emergency Response Watercraft Docks. No license is required under this section for a municipal dock on a site with docking facilities for four or fewer watercraft, all of which are publicly owned, emergency response watercraft. (Rev. 10-99) Section 2.04. District Mooring Areas. Subd. 1. Establishment. District mooring areas may be established and maintained in the Lake beyond the authorized dock use areas subject to and in accordance with the provisions of this section. The Board shall permit the establishment of such mooring 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 established, all moorings at the facility shall become part of the district mooring area. Subd. 3. Application for License. An application for a license for a district mooring area shall be filed with the Executive Director. The application shall be on a form prepared by the Executive Director. It shall state (a) the name and address of the applicant, (b) the location of the area of the Lake for which the license is sought, (c) the type of moorings to be use by the applicant, the number of moorings and the spacing of moorings, (d) whether the mooring areas will be available for use by the general public, and, if not, the manner in which the use of moorings will 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 operation of the mooring area, and (g) any other procedures or regulations of the applicant relating to the use of the mooring area. Such application shall also be accompanied by a map showing the location of the proposed mooring area within the Lake and such other information as the Executive Director may require to assist the Board in consideration of the application. Upon receipt of a completed application, the Executive Director shall refer the application to the Board, which shall have sole discretion to grant or deny the license. Subd. 4. License Fees. The fee for a district mooring area license shall accompany the application. The fees for district mooring area license shall be those established by resolution of the Board of Directors. 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, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit.
Sec. 2.04, Subd. 5 (Rev. 10-99)
Subd. 5. Issuance of License. The Board shall not grant a license for a district mooring area unless it finds that the area will fulfill a public service and will not 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, maintaining 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 conditions 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 lst of the year preceding the year for which the license is sought. The Executive Director shall not accept a license application received after December lst unless the application is accompanied by a late fee, which shall be set by resolution of the Board. Subd. 9. Conversion to Docks. Licensed District mooring area spaces may be converted to slip storage spaces at dock facilities of the same licensee subject to the following: a) The mooring area must be immediately offshore from the dock facility to which the storage spaces are being transferred. b) No more spaces must be created at the dock facility than are abandoned at the district mooring area. c) Dock spaces created shall be no larger than 11 feet by 24 feet. d) All dock and boat storage shall be within the authorized dock use area as defined in Section 2.01, unless a variance is granted pursuant to Section 1.07. e) Application to convert district mooring area spaces to dock spaces shall be made by application for a multiple or commercial dock license under Section 2.03. f) In granting either variances under paragraph d) or dock licenses under paragraph e), the Board may impose conditions, which may include limitations as to the period of time for which such variance or dock license is in effect. g) Conversions to dock spaces under this subdivision may be authorized by the Board notwithstanding the density limitations of Section 2.02, Subd. 1, and such conversions shall not require a special density license under Section 2.05. h) This subdivision applies only to District Mooring Areas licensed and in existence on date of adoption. i) No mooring space converted to a dock space may thereafter revert to a mooring space unless such mooring is in compliance with all provisions of the Code in effect at that time and unless a new district mooring area license is first secured.
(Rev. 10-99) 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 Density License and Dock License requirements, and which are consistent with the most general public use of the Lake, public safety, and LMCD Lake Use density 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. Definitions. For purposes of this Section, the terms defined in this subdivision shall have the following meanings: a) "Off-Lake Storage Facilities" shall mean any dock, mooring area or launching ramp used by any club, business or association in conjunction with the storage of restricted watercraft 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 business hours in the boating season and provides at least the following services to its patrons, members or the public: storage of boats or watercraft, toilet facilities, boat repair service, telephone and emergency towing. c) "Limited Off-Lake 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 b) twenty percent or more of the boats stored in the area are 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. Subd. 4. Special Requirements. Off-Lake Storage Facilities must meet, in addition to other Special Density and licensing requirements, the following conditions: a) Limited Off-Lake Storage Areas. No facilities established after December 28, 1987, may be located in Limited Off-Lake Storage Areas. b) Density. No Off-Lake Storage Facility may be established 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 used in Sec. 2.045, Subd. 4 c) (Rev. 10-99) 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 Boat 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. g) Parking. One car parking space must be provided for each two boats stored at the facility whether stored on or off the Lake. h) Building and Safety Requirements. All facilities provided must meet zoning, building and fire code requirements in the City in which it is located. Subd. 5. Existing Facilities. All existing facilities which are licensed within thirty (30) days of December 28, 1987, shall be allowed to continue in use and operation; all other facilities shall conform to the provisions of this Section. Subd. 6. Nonconforming Structures Conversion. Current nonconforming in-water boat slips may be exchanged for off-Lake Boat Storage Units at the rate of one-for-two for ten (10) years from December 28, 1987. Section 2.05. Special Density License. Subd. 1. Maximum Boat Storage Density. The District has determined that the intensity of use of Lake Minnetonka and the density of storage on the Lake has reached a level which necessitates the limitation on the construction of new docks and mooring facilities provided for herein. It is the purpose of this section to reduce environmental degradation of the Lake, avoid an increase in boat storage on the Lake without a corresponding increase in available amenities and services for the boating public, and encourage facilities which enhance the use and enjoyment of the Lake by the general public. The District has recognized that the impact on the Lake of a given facility will vary depending on such factors as the compatibility of nearby uses, the type of watercraft being stored, whether the watercraft storage is transient or permanent, the degree of watercraft storage and intensity of lake use in a given area, and the level of services or amenities available to the public using the Lake. The District has determined through its various studies that a watercraft storage density of one watercraft stored per 50 feet of shoreline is generally appropriate for Lake Minnetonka and should be applied to the entire lakeshore while making provision for a special density license procedure in those instances where increased watercraft storage density may be clearly demonstrated to be a benefit to the Lake and to the most general public use of the Lake.
Subd. 2. License Required. No person shall be issued a multiple dock or mooring area or commercial dock license for a facility which provides for a watercraft | ||||||||||
