§ 20-920. Structures, boats and waterways.

(a)

Exemption. This article does not apply to any lakeshore property owned or leased by the city.

(b)

Nonconforming docks.

(1)

Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses.

(2)

No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock.

(3)

All docks must conform to dock setback requirements.

(c)

Location restrictions. No dock, mooring or other structure shall be so located as to:

(1)

Obstruct the navigation of any lake;

(2)

Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter;

(3)

Present a potential safety hazard; or

(4)

Be detrimental to significant fish and wildlife habitat or protected vegetation.

(d)

Construction and maintenance generally. Docks, moorings and other structures may 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 and they shall be maintained in a workman-like manner.

(e)

Docks.

(1)

No more than one dock shall be permitted on any lakeshore site.

(2)

No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths:

a.

50 feet; or

b.

The minimum straight-line distance necessary to reach a water depth of four feet.

(3)

The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter.

(4)

No person shall store fuel upon any dock.

(5)

No oscillating, rotating, flashing or moving sign or light may be used on any dock.

(6)

No advertising signs shall be displayed from any dock.

(7)

Access across wetlands shall be subject to the standards set forth in section 20-405. Docks shall be elevated a minimum of six to eight inches above the ordinary high water elevation.

(f)

Mooring, docking, etc., of watercraft.

(1)

Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight.

(2)

No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner.

(3)

Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone.

(g)

Swimming rafts, ski jumps, diving towers, etc.

(1)

Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet.

(2)

Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet.

(h)

Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility.

(i)

Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake.

(j)

All structures shall comply with the department of natural resources regulations.

(Ord. No. 483, § 1, 8-10-09)