§ 20-266. Recreational beach lots.

Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit:

(1)

Recreational beach lots shall have at least 200 feet of lake frontage.

(2)

Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides."

(3)

No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini-bikes, all-terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot.

(4)

No recreational beach lot shall be used for overnight camping.

(5)

Boat launches are prohibited.

(6)

No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight.

(7)

The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions:

a.

Shoreline of at least 200 feet per dock; and

b.

Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock.

(8)

No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of 25 feet in length.

(9)

No dock shall encroach upon any dock set-back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter.

(10)

No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage.

(11)

For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan.

a.

Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot.

b.

Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply.

(12)

All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards.

(13)

All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to:

a.

Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities;

b.

Hours of use;

c.

Planting and maintenance of trees and shrubs;

d.

Erection of fences;

e.

Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris;

f.

Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access.

(14)

To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary.

(15)

Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot.

(16)

The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council.

(17)

Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following:

a.

The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake.

b.

It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year.

c.

It shall be securely anchored to the ground to prevent tipping.

d.

It shall be screened from the lake and residential property with landscaping.

e.

It shall be serviced at least weekly.

f.

Only models designed to minimize the potential for spilling may be used.

g.

Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information:

1.

Name, address, and phone number of applicants.

2.

Site plan showing proposed location of chemical toilets.

3.

Name, address, and phone number of chemical toilet supplier.

4.

Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance.

5.

A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake.

(18)

No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone.

(19)

Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards:

a.

Minimum setback from the ordinary high water mark shall be 75 feet.

b.

No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located.

c.

Maximum size of the structure shall not exceed 250 square feet.

d.

Maximum height shall not exceed 20 feet.

e.

Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures.

f.

Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association.

g.

The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity.

(Ord. No. 377, § 26, 5-24-04)