Section 436 – COMMERCIAL BOAT DOCKS
436.01 Definitions. For the purpose of this Section, the following definitions shall apply:
Subd. 1. Commercial Boat Dock. Providing space for docking, mooring at buoy, or otherwise keeping or storing of boats, barges, or other floating structures used in a trade or business or providing through the joint use of lakeshore property such space for boats or watercraft belonging to persons or families who are part of a group or association.
Subd. 2. Business of Docking or Storing of Boats. Renting or otherwise providing space for docking, anchoring, or storing three or more boats or floating structures belonging to persons other than the owner of the dock or property upon which said boat or structures are docked or stored or adjacent to which said boats are moored.
Subd. 3. Dock. Any wharf, pier, or other structure constructed or maintained in the lake, whether floating or not, including all "Ls" or "Ts" or posts which may be a part thereof, whether affixed or adjacent to the principle structure.
Subd. 4. Mooring. Any buoy, post, structure, or other device at which a watercraft may be moored and which is surrounded by navigable water.
Subd. 5. Authorized Commercial Dock Use Area. That area in the lake which may be used for commercial boat docks, moorings, boat storage, or which may be enclosed on three sides for any of these purposes.
Subd. 6. Site. Any shoreline lot, parcel, or other piece of property legally subdivided and recorded in the office of the County Recorder or Registrar of Titles.
Subd. 7. Stored. Any boat or other watercraft docked or moored for more than 12 hours.
436.05 License Required. No person, association of persons, or families whether incorporated or not, through any arrangement, whether through common or corporate ownership or otherwise, shall operate, carry on, or be engaged in the trade or business of docking, mooring, anchoring, keeping or storing of boats or make any arrangement for the use or joint use of lakeshore property for such dockage of boats and watercraft within the corporate limits of this City without having first obtained a license. Any person, firm, or corporation or group or association of persons desiring such a license, shall make application in writing to the City Council, which application shall be signed by the applicant and filed with the City Clerk. The application shall set forth the names and residence of the applicant, exact location at which the applicant proposes to carry on his or her business or use of lakeshore property, and whether he or she is then or has heretofore been engaged in a similar business. The application shall be accompanied by a sketch of the proposed facilities, including location and type of buoy to be used therewith and the parking facilities as well as a statement outlining the manner, extent, and degree of use contemplated. The Clerk shall present the application to the City Council at its next regular meeting after the filing thereof.
436.10 Regulation of Commercial Boat Docks. In the event boat storage facilities are provided, any person owning or operating a Commercial Boat Dock shall comply with the following minimum standards:
Subd. 1. Fire Hazards. All watercraft shall be stored in such a manner that they do not create a fire hazard.
Subd. 2. Gasoline Storage. Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the City Council and by City and State fire regulations, and such tanks or containers shall be stored underground or such distance from the storage facilities so as not to create a danger in the community.
Subd. 3. Gasoline Sales. Gasoline sales shall not be made from the dock at which customer's watercraft are stored.
Subd. 4. Buoys. The location and marking of all buoys shall be subject to the regulation of the Council.
Subd. 5. Orderly Maintenance. The premises shall at all times be maintained in a neat and orderly manner.
Subd. 6. Parking. Off-street parking shall be provided as follows: One off-street parking stall for each three rental boat stalls, buoys, or slips available to customers or joint users.
Subd. 7. No Residential Use. No boat or other floating structure tied up or connected to such dock facilities shall be used as a permanent, temporary, or seasonal residence.
436.15 Limitation of Commercial Dockage. No person shall anchor, keep, moor, dock, or store a boat, canoe, raft, barge, or other watercraft within the harbor limits of this City except at a dock or buoy which is in compliance with the terms of this Section 436, except, however, that a riparian owner may dock or store boats and other watercraft, in the natural body of water adjoining his or her property in a manner which will not interfere with boat traffic, legitimate use of the lake, or infringe upon the riparian rights and privileges of abutting property owners.
436.20 Regulation of Commercial Boat Docks.
Subd. 1. Prohibition. No person, firm, corporation, or association shall use any area of the lake as an authorized commercial dock use area, for commercial docks, moorings, or boat storage unless such use is specifically permitted and licensed under the provisions of this Section 436.
Subd. 2. Authorized Commercial Dock Use Area. An authorized commercial dock use area is described as follows:
(a) Length - The authorized commercial 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 greater than 200 feet to be measured in a line parallel to the side site line as extended into the lake. Notwithstanding the provisions of this subdivision, commercial docks in existence or authorized by other governmental agencies and under construction on the date this ordinance becomes effective shall be considered nonconforming use and may continue in existence without the necessity for the granting of a variance under the provisions of Subsection 436.40. Said nonconforming docks shall be subject to the provisions and limitations set forth in Section 350 of the City Zoning Code and of all regulations subsequently adopted regarding nonconforming uses.
(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 commercial 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
Subd. 3. Structures Not to Obstruct. No licensed dock, mooring, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area, or similar structure authorized under this Section 436. No dock, mooring area, or similar structure shall be located or designed so that it unnecessarily requires or encourages boats using it to encroach into any other authorized commercial dock use area or into individually owned private dock areas.
Subd. 4. Space Between Boats. Reasonable space shall be provided in mooring areas to allow navigation freely between moored watercraft.
Subd. 5. Extensions. No commercial dock or mooring area shall extend across the extended zone line between sites zoned differently by the City.
Subd. 6. Unusual Configurations. Where the provisions of this Section 436 would cause the authorized commercial dock use area of two or more sites to overlap, or where there is any other unusual configuration of shoreline or extended lot lines, which causes a conflict between the owners of two or more adjacent or nearby sites as the use of the same area of the lake for docks, mooring areas, or other structures or for reasonable access thereto, the owner of any of the affected sites may apply to the Council for a variance.
Subd. 7. Construction, Repair and Maintenance Standards.
(a) General Rule. All commercial docks, mooring, and other structures shall be constructed and maintained as provided in this Section 436.
(b) Materials. Docks, moorings, and other structures, whether temporary or permanent, shall be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake.
(c) Safety. Commercial docks or mooring areas may be constructed of such materials and in such a manner as the owner determines provided that such dock or mooring area shall be so built and maintained as to be safe for use by the public.
(d) Lighting. Commercial docks shall be suitably and adequately lighted in accordance with City 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 confuse operators of watercraft.
(e) Signs. No advertising signs may be displayed from any dock other than an identifying sign which shall be no larger than six square feet in area.
(f) Fuel and Power Supply. Installation of electrical and fueling facilities on commercial docks, moorings, and other structures shall be in accordance with applicable building codes and subject to state and local inspection procedures. Persons making such electrical or fueling installations shall maintain records of compliance with state and local codes and regulations.
(g) Factors Considered. In exercising its discretion in granting or denying licenses, the Council may consider, among other things, the following:
(1) Whether the commercial dock or mooring area will be structurally safe for use by the intended users.
(2) Whether the facility will comply with the regulations contained in this Section 436.
(3) 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 of traffic upon the lake in the vicinity of the facility.
(4) Whether the proposed facility will be compatible with the adjacent development.
(5) Whether the proposed facility will be compatible with the maintenance of the natural beauty of the lake.
(6) Whether the proposed facility will affect the quality of the water of the lake and the ecology of the lake.
(7) 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.
(8) Whether adequate sanitary facilities will be provided in connection with the proposed facility.
436.25 License Fee and License Applications.
Subd. 1. Expiration and Fee. Any license issued by the Council pursuant to this Section 436 shall expire on April 1 next following its issuance. The base fee for new applications and for renewal applications, plus an additional fee for each boat accommodation, shall be established in accordance with the provisions of Section 500 of the City Code. (ORD 01-2001, 2/25/01)
Subd. 2. License Applications for Docks. License applications shall be obtained at the City offices. Such applications shall state completely the information required by Subsection 436.05 and by the City Manager or the Dock Inspector.
Subd. 3. Application Filing. Applications for licenses shall be filed with the Dock Inspector at the City offices and he shall recommend to the City Council that the license be approved or denied. No license will be recommended or authorized until the Dock Inspector determines that the proposed dock complies substantially with the terms of all City ordinances.
Subd. 4. Application Deadlines. Applications for dock licenses shall be made between January 1 and the last day of February of each year.
Subd. 5. Late Applications. All applications received on or after March 1 shall be subject to a late fee as established in accordance with the provisions of Section 500 of the City Code. (ORD 01-2001, 2/25/01)
436.30 Issuance of License.
Subd. 1. Any license issued by the Council pursuant to this Section 436 may contain restrictions as the Council deems necessary to protect the health, welfare, and safety of the general public from over burdening the primary harbor limits of this City and the lakeshore at any particular location having in mind (among other things) parking problems, safety requirements for docking and mooring, contamination of the lake for boat traffic of all kinds. Each license when issued shall contain a statement of the restrictions and conditions and said license with such restrictions and conditions shall be conspicuously posted on the licensed premises.
Subd. 2. No license shall be issued by the Council pursuant to this Section 435 authorizing a commercial boat dock or boat docking or storage upon property within the confines of this City contrary to the regulations and limitations applying to said property set forth in the City's Zoning Ordinance.
436.35 Inspection. The City Council or such officer as may be designated by the Council for the purposes may, at reasonable times, inspect or cause to be inspected any such licensed commercial boat dock, and if it shall appear that such dock has not been constructed or is not being maintained or used in accordance with the license issued by the Council, or in accordance with the terms of this Section 436, the Council, by its City Manager, shall notify the owner thereof in writing of the way or ways such dock does not comply with the license required in this Section, after which the owner shall have ten days to remove the dock or make the same comply with the terms of the license and this Section 436. If the violation is not corrected within the allotted time, the Council shall revoke the license. Notification under this Section 436 shall be made in writing to the owner of the dock at the address given in the application. Failure to have a valid license in force shall be prima facie evidence of a violation of this Section 436.
436.40 Variances.
Subd. 1. Variances; When Granted. Where practical difficulties or particular hardships occur, the Council, upon application of a person affected, may permit a variance from the requirements of this Section 436 or may require a variance from what is otherwise permitted by this Section 436, provided that such variance with whatever conditions are deemed necessary by the Council, does not adversely affect the purposes of this Section 436, the public health, safety, and welfare, and reasonable access to, or use of, the lake by the public or riparian owners.
Subd. 2. Variance; Application. Applications for variances shall be filed with the City Manager. The application shall contain:
(a) The name and address of the applicant;
(b) The description and location of the property for which the variance is sought;
(c) The variance for which the application is made;
(d) The names and addresses of the owners of abutting sites;
(e) A map or plat of the site for which the variance is sought, and of abutting or other affected sites, showing any existing docks, moorings, or other structures or the proposed location or relocation of any such structures;
(f) The consent of the applicant permitting officers and agents of the City to enter upon the applicant's premises at reasonable times to investigate the application and to determine compliance with any variance which may be granted;
(g) Such other information, such as surveys and photographs, as the City Manager may require to assist the Council in consideration of the application.
Subd. 3. Variance; Fee. The variance application shall be accompanied by an application fee as established in accordance with the provisions of Section 500 of the City Code. (ORD 01-2001, 2/25/01). Such fee shall not be refunded at any time after the processing of the application has been commenced.
Subd. 4. Hearings. Upon receipt of a completed variance application, the City Manager shall schedule a hearing by the Council on the application. The Council may grant a variance from the literal provisions of this Section 436 in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or properties under consideration, and shall grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Section 436. The Council may impose conditions on the riparian owners and users of the lake.
Subd. 5. Violations. Locating, constructing, installing, or maintaining a commercial dock, mooring, or other structure in a manner different from the terms and conditions of a license or variance which is ordered or permitted is a violation of this Section 436 and grounds for rescission of the variance.
436.45 Relation to Lake Minnetonka Conservation District and Other Governmental Agencies. The provisions of this Section 436 shall not supersede any ordinance of the Lake Minnetonka Conservation District or other governmental agencies that are more restrictive in their provisions and application to Commercial Boat Docks and Dockage. This Section 436 shall not relieve the applicant from obtaining licenses and permits required by other governmental agencies.