HomeMy WebLinkAboutOrdinance - 17-96 - Amending City Code Sec. 9.60 - Shoreland - 03/19/1996 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE# 17-96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRE%IES AND
OFFENSES" SECTION 9.60 ENTITLED "REGULATION OF LAKE WATERS
GENERALLY", AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99,WHICH,AMONG OTHER THINGS, CONTAINS PENALTY
PROVISIONS
THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code, Chapter 9, Section 9.60 is amended to read as follows in its entirety:
SECTION 9.60. REGULATION OF USE OF LAKE WATERS GENERALLY.
Subd. 1. Definitions. The following terms,as used in this Section, shall have the meanings
state:
A. "Dock" -Any wharf,pier, or other structure constructed or maintained in the lake or
located above the surface of public water,whether floating or not, including all "Us" or
"T's", or post which may be a part thereof,whether affixed or adjacent to the principle
structure.
B. "Water Oriented Accessory Structure" -A structure used solely for watercraft storage
including storage of related boating and water-oriented sporting equipment. The term does
not include slip structure or moorings.
C. "Watercraft Cover" -A temporary cover solely for the protection of watercraft.
D. "Mooring" -Any buoy,post, structure or other devise at which a water craft may be
moored and which is surrounded by navigable water.
E. "Slip Structure-A structure designed solely to secure a watercraft for the purpose of
protecting it from damage from sun,wind, storm, or rain.
F. "Structure" -See definition in Chapter 11, Section 11.02 entitled definitions.
Subd. 2. Nuisances Prohibited. It is unlawful for any person to commit or maintain a public
nuisance in or upon the waters of any lake or other body of water; and no person shall let,permit,
Regulation of Lake Waters Generally
Section 9.60
or enable any other person to use any boat, dock, craft or structure, or portion thereof,knowing
that it is intended to be used for committing or maintaining a public nuisance. It is also unlawful
for any person to willfully prevent,hinder, or oppose or obstruct a public official in the
performance of his duty in carrying out the provisions of this Section or in removing or abating a
public nuisance.
Subd. 3. Nuisances Defined. A public nuisance consists in doing or omitting to perform one or
more of the following:
A. Injure or endanger the safety,health, or comfort of the public; or,
B. Offend public decency; or,
C. Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or
passage a lake or other body of water; or,
D. Cause the depositing or littering of refuse or waste or other deleterious,poisonous or
injurious substance upon water or ice of any lake or other body of water; or,
E. Cause the depositing of sewage into lake waters; or,
F. Cause the erection or maintenance of any dock or structure which interferes with,
obstructs, or tends to obstruct or render dangerous for use the waters of any lake.
Subd. 4. It is unlawful for any person to fail to equip and to operate a boat,vessel or watercraft
in accordance with the provisions of Chapter 361 of Minnesota Statutes, 1990,which Statutes are
hereby adopted and incorporated herein and made a part hereof by reference, as fully as if set
forth herein provided that these additional requirements shall be met by all owners and operators
of watercraft within the harbor limits established herein,namely:
A. All watercraft in use or underway between sunset and sunrise shall be equipped with and
have in operation red and green running lights in the forward section of the boat and a
white light at the stem or on the superstructure,which white light shall be visible on a
dark night with clear atmosphere for a distance of two(2)miles from any direction
provided,however,that motor powered watercraft under sixteen(16)feet in overall
length may use portable lights, which must be clamped on the watercraft when in use, and
non-powered watercraft may use a portable single white light which is visible from any
direction for a distance of two(2)miles on a dark night with clear atmosphere.
2
Regulation of Lake Waters Generally
Section 9.60
B. All watercraft when at anchor or drifting must show a white light visible from any
direction for a distance of one(1)mile, and such light shall be lit from sunset to sunrise
except that a watercraft anchored in a cove within one hundred(100) feet of shore and
two hundred(200) feet away from normal navigation and any watercraft anchored at a
dock or pier need not have the white light lit.
C. All watercraft shall have on board and readily accessible Coast Guard Approved life
preservers,vests or buoyant cushions capable of keeping every person on board afloat.
D. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall
use or display a red light except a red running light.
E. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall
use or display a police, sheriff or law enforcement officer's flag or any device designed to
simulate such a flag.
F. No person shall board,use, damage or tamper with a watercraft except when done by the
owner or with the owner's consent.
G. No person under fifteen(15)years of age shall operate a watercraft powered by a motor
of ten(10)horsepower or more unless accompanied by a competent person fifteen(15)
years of age or older.
H. No person shall tow or operate a watercraft towing one(1)or more persons behind a
watercraft on water skis, aquaplane, surfboard, saucer,or similar device except in
compliance with these regulations:
1. Every person being towed shall wear a life vest,belt or other buoyant device
except with written permission of the County Sheriff.
2. Not more than two (2)persons may be towed at one time except with written
permission of the County Sheriff.
3. No person shall be towed from one-half hour after official sunset to sunrise.
4. No person shall be towed by a rope, cable or other towing device longer than
eighty-five(85) feet except with a written permit of the County Sheriff.
5. No person shall operate a watercraft when towing a person, and no person being
towed shall come within one hundred fifty(150)feet of any bathing area, skin
diver's warning flag, swimmer, or raft, watercraft,dock or pier except that raft,
3
Regulation of Lake Waters Generally
Section 9.60
dock or pier from which he is operating.
6. No person shall tow or be towed during a holiday, or Saturday or Sunday, or in a
congested area at any time unless two competent persons are on the boat or
watercraft. The driver of such watercraft shall be at least fifteen(15)years of age
and must watch where the watercraft is being driven at all times. The second
person on board the watercraft shall be an observer, and shall be at least twelve
(12)years of age, and shall watch the person or persons being towed at all times.
7. No person shall drag an unoccupied tow line behind a watercraft for an
unreasonable length of time.
8. No person shall tow or be towed into or through a marked channel connecting two
(2)bodies of water.
Subd. 5. The operator of any motor boat, speed boat, or of any vessel under power shall not
overtake or pass any watercraft in a channel or narrow passage; and all watercraft shall proceed
through all channels and narrow passages of water with closed throttle.
Subd. 6. No person shall obstruct or interfere with passage of a boat or vessel through a channel
or narrow water passageway.
Subd. 7. No person shall operate a boat or vessel in a careless or reckless manner in or about a
public swimming beach.
Subd. 8. No person shall swim in a channel,or jump or dive from a channel bridge or dam.
Subd. 9. No person shall operate any watercraft, automobile,vehicle or powered propelled
device on the open water or upon an ice covered body of water in such a manner as to endanger
life, limb or property.
Subd. 10.No person shall anchor or operate a boat within one hundred(100)feet of a structure
holding a lawful permit to be used for the purpose of a ski jump or within one hundred(100)feet
of the buoys used as markers for the water ski course during such times as the said water ski
course and jump are in use by water skiers.
Subd. 11. Regulation of Structures
A. Prohibition. It is unlawful for any person to use any area of any public waters outside of
4
Regulation of Lake Waters Generally
Section 9.60
an authorized dock use area, for docks,mooring,boat storage, swimming floats, ski jump
storage or diving towers,unless such use is specifically permitted under the provisions of
this Section.
B. Authorized Dock Use Area. An authorized dock use area is described as follows:
1. Length-The authorized dock use area for lots bordering on the lake extends into
the lake a distance equal to the lot's lake frontage to be measured at right angles to
the side lot lines and, except as provided herein, shall not extend into the lake a
distance of greater than 100 feet in the case of commercial docks and 75 feet in the
case of other docks to be measured on a line parallel to the side lot lines as
extended into the lakes.
2. Width-The authorized dock use area for lots bordering on the lake is limited in
width by the setback limitations prescribed herein. The setback from side lot lines
as extended into the lake shall be 15 feet for private docks and 20 feet for
commercial docks. Where boat slips open toward a side lot line,the setback
provided shall be at least equal to the slip depth,but shall not be less than 20 feet.
3. Multiple Docks- Only one dock is allowed per abutting lot.
C. Structures Not to Obstruct. No dock, 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 Chapter. 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 dock use area.
D. Unusual Configuration. Where the provisions of this Section would cause the authorized
dock use area of two or more lots 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 lots in that they may tend to use the same area
of any public waters for docks,mooring areas or other structures or for reasonable access
thereto,the owner of any of the affected lots may apply to the Council for a variance
pursuant to this Section. A variance may be(1)to permit the applicant to locate a dock,
mooring area or other structure in a location different from that permitted by this Section,
or(2)to permit the owner of any adjacent or nearby site lot to do so.
E. Docks: Dimension Limits. A dock as defined in Subdivision 1 of this Section, shall not
exceed,in the case of a commercial dock, 600 square feet, and in the case of a residential
dock, 450 square feet.
5
Regulation of Lake Waters Generally
Section 9.60
F. Prohibited Structure. The following may not be erected on a public water: (1)water-
oriented accessory structure; or(2) any structure above the horizontal plane of a dock
except watercraft covers and slip structures as regulated by this Subdivision. A non-
conforming dock or roof lawfully in existence upon enactment of this ordinance may not
be structurally altered or expanded in any way.
G. Surface Water-oriented Commercial Use. Uses that depend on patrons arriving by
watercraft may use signs and lighting to convey needed information to the public, subject
to the following general standards:
1. Any signs must comply with Chapter 11, Section 11.70.
2. No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
or on public waters by a public authority or under a permit issued by the county
sheriff.
3. Outside lighting may be located within the shore impact zone or over public waters
if it is used primarily to illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across public waters. This
does not preclude use of navigational lights.
H. Storage. Unless otherwise specifically permitted by this Section,no structure on a public
water may be used for the storage of any materials or items other than watercraft.
I. Multiple Docks. Only one dock is allowed per abutting lot.
I Temporary Structures. No swimming floats, ski jumps, diving towers,buoys,markers, or
other structures surrounded by navigable water shall be located in a public water more
than 100 feet from the shoreline without being authorized by a permit from the City. The
Council may grant any such permit,provided that the proposed structure is not more than
200 feet from the shoreline, if it determined that the granting of such permit will not create
hazards or obstructions to navigation. Permits shall not be issued for free floating
structures. Permits are not required for diving floats or navigation buoys.
K. Permits. Any change in the length,width,height,or location of a structure requiring a
permit under this Section requires the issuance of a new permit. If a permit is denied,or if
any activity or structure does not otherwise conform with the requirement of this Section,
a variance may be sought consistent with the requirements of this Section. In applying for
any permit under this Section,the following information shall be supplied by the applicant:
6
Regulation of Lake Waters Generally
Section 9.60
1. The name, address, and telephone number of the applicant.
2. The type,number, and proposed location of structures for which the permit is
sought.
3. The period of time for which the permit is sought. (No more than 3 years.)
4. A statement as to whether the structure will be reflectorized.
5. If an organization is seeking the permit, a statement as to the nature of the
organization.
6. If the permit is sought for a particular event,the nature of the event.
7. Such other information as the Director of Community Services may require to
assist him, or the Council, in considering the application for the permit.
8. A statement by the applicant that he assumes responsibility for the presence and
removal of all structures in the protected water.
L. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny
permits,the Council may consider, among other things,the following:
I. Whether the structure will be structurally safe for use by the intended users.
2. Whether the facility will comply with the regulations contained in this Section.
3. Whether the proposed structure will create a volume of traffic on the public water
in the vicinity of the facility which will tend to be unsafe or which will cause an
undue burden on traffic upon the public water in the vicinity of the facility.
4. Whether the proposed facility will be compatible with adjacent development.
5. Whether the proposed facility will be compatible with the maintenance of the
natural beauty of the public water.
6. Whether the proposed facility will affect the quality of the water of the public
water and the ecology of the public water.
7. Whether the proposed facility,by reason of noise, fumes or other nuisance
7
Regulation of Lake Waters Generally
Section 9.60
characteristics,will tend to be a source of nuisance or annoyance to persons in the
vicinity of the facility.
8. Whether adequate sanitary and parking facilities will be provided in connection
with the proposed facility.
M. Permit Conditions. The Council may impose written conditions on the issuance of a
permit. A violation of the terms and conditions of the permit is a violation of this Section
and grounds for revocation of the permit.
N. Permit Revocation. A permit may be revoked by the Council.
1. The Council may revoke a permit for any of the following causes:
a. A permitted structure is found to be a hazard.
b. The permitted structure is an obstruction to safe use of the lake.
C. The permit is not in compliance with the requirements of this Section.
2. Notice of the hearing for revocation of a permit shall be given by the city
Clerk in writing, setting forth specifically the grounds of the complaint and
the time and place of hearing.
3. Such notice shall be mailed,postage prepaid,to the permittee to his/her last known
address at least five (5)days prior to the date set for hearing,or shall be delivered
in the same manner as a summons at least three(3) days prior to the date set for
hearing.
0. Permit Fees. When filing the application,the applicant shall pay non-refundable fees for
temporary structure and all other permit fees in amounts which have been determined by
the Council and fixed by resolution. A copy of such resolution shall be kept on file in the
office of the City Clerk-Treasurer and uniformly enforced.
Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the
Entire City Code. Including Penalty for Violation" and Section 9.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and publication.
8
Regulation of Lake Waters Generally
Section 9.60
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of Atch 1996, and finally read and adopted and ordered published in
summary form as attached hereto at a regular meeting of the City Council of said City on
the /67"day of ri 1996.
ATTEST:
John D. F e, ity Clerk Jean . Harris, Mayor
PUBLISHED in the Eden Prairie News onl'i l 6ts J 5(
GABARMSTEVE O.COU
9
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 17-96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 9, SECTION 9.60 ENTITLED REGULATIONS OF USE OF LAKE WATERS
GENERALLY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 9, Section 9.60 relocating contents previously
located in City Code, Chapter 11, Section 11.50, Shoreland Management known as regulations of structures
within a lake to Chapter 9. The purpose is for continuity in enforcement.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
Barb\steve\summ.960
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of
HENNEPIN COUNTY,MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
ORDINANCE NO.17-96 as follows:
AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal
OF EDEN PRAIRIE, MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AMENDING CITY CODE CHAPTER amended.
9, SECTION 9.60 ENTITLED REGU-
LATIONS OFUSE OFLAKE WATERS (B)The printed public notice that is attached to this Affidavit and identified as No.�,
GENERALLY, AND ADOPTING BY was published on the date or dates and in the newspaper stated in the attached Notice,and said
REFERENCE CITY CODE CHAPTER Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the
1 AND SECTION 9.99, WHICH, newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
AMONG OTHER THINGS,CONTAIN inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
PENALTY PROVISIONS. and publication of the Notice:
THE CTTYCOUNCILOFTHECTTY
OF EDEN PRAIRIE, MINNESOTA, abcdefghijklmno qr vxyZ
ORDAINS:
Summary: This ordinance amends
City Code Chapter 9,Section 9.60 relo-
cating contents previouslylocatedin City By
Code, Chapter 11, Section 11.50, Stan Rolfsrud,General Manager
ShorelandManagementknownasregula- or his designated agent
lions of structures within alake to Chapter
9. The purpose is for continuity in en-
forcement. Subscribed and sworn before me on
Effective Date:This Ordinance shall
take effect upon publication.
ATTEST:
/s/John D.Frane this day of 1996
City Clerk tA- RADUl=NZ
1s/Jean L.Hams '4'9°rPUBLIC—A NNESOTA
Mayor W:G1.,1'EN
m!"",ISSIONJ EXPIRES 1 31
(Published in the Eden Prairie News on
Thursday,April 25,1996;No.7570) Nofary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch
Maximum rate allowed by law for the above matter...................................$16.00 per column inch
Rate actually charged for the above matter.............................................. $ 7.67 per column inch
OF MINN,S0;,
Minnesota Department of Natural Resources
m W Division of Waters- 500 Lafayette Road, St. Paul,MN 55155-4032
�0 Telephone: (612)296-4800
�o
���FNATUF:�~P�
Tune 11, 1996
The Honorable Dr. Jean Harris
Mayor, City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344-2230
Dear Mayor Harris:
FINAL APPROVAL OF EDEN PRAIRIE'S SHORELAND MANAGEMENT ORDINANCE
City staff recently submitted certified copies of the city's land use controls(Ordinances#16-96 and
#17-96) adopted on April 16, 1996 and became effective April 25, 1996. The city's amended
shoreland management regulations fully comply with Minnesota Rules,Parts 6120.2500-6120.3900,
and are hereby fully approved.
We remain available to assist the city with implementation and enforcement of the ordinance. As
required by the ordinance, notices of all hearings and notices of decisions for variances, conditional
uses, and amendments in shoreland areas must be submitted to the Department. These should
continue to be sent directly to Area Hydrologist Ceil Strauss at the following address: DNR -
Division of Waters, 1200 Warner Road, St.Paul,MN 55106.
The efforts of the city council,planning commission, staff, and local citizens in finalizing and formally
adopting the city's amended shoreland regulations are appreciated. We look forward to continuing
to work with you in protecting the water resources of Eden Prairie and the State of Minnesota.
Sincerely,
DIVISION OF WATERS
OgtazghiSium, Supervisor
Land Use Management Unit
OS/CCS
c: Dale Homuth,Regional Hydrologist
Ceil Strauss,Area Hydrologist
Ed Fick,Shoreland Hydrologist
Chris Enger,Community Development Director
DNR Information:612-296-6157. 1-800-766-6000 TTY:612-296-5484. 1-800-657-1929
An Equal Opportunity Emplo}er ssA Printed on Recyded Paper Containing a
Who Values Diversity `l) `linunum ul 11P% Po,(-Con,urncr tXa,te