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HomeMy WebLinkAbout4B PC Boat Slip Report - Amendment 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 14, 2019 AGENDA #: 4B PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR CASEY MCCABE AGENDA ITEM: CONSIDER AMENDMENTS TO THE ZONING CODE, SECTION 1101, 1102, 1104, 1106, 1109 RELATED TO PERSONAL BOAT SLIPS AND MOORING FACILITIES DISCUSSION: Introduction The purpose of this public hearing is to consider recommending certain amend- ments to Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, and 1109 Adminis- trative Procedures related to personal boat slips and mooring facilities. History Under the city’s current zoning ordinance, renting or leasing of personal dock space or boat slips is not permitted. Renting of boat slips is a commercial oper- ation and commercial uses are not permitted in residential districts, except for certain home occupations and uses allowed with a conditional use permit (CUP). Use of a dock and/or lot down to the low water mark for commercial purposes, including but not limited to, renting boat slips, storage of commercial equipment and employee or customer pickup or drop off, is prohibited. City staff and City Council members have received an increasing number of com- plaints from residents that some lake property owners are renting out private slips. This has caused concern from the public related to increased boat traffic on the lakes, on and off-water safety, strangers walking through private yards to access watercraft, increased on-street parking, etc. Although renting of personal boat slips is not permitted, this regulation is tough to enforce due to the difficulty for code enforcement staff to prove personal boat slips are being rented. Current Circumstances On April 15, 2019, the City Council directed staff to evaluate potential ordinance amendments related to boat slip rental and report findings and recommendations to the council. The initial focus of the ordinance amendments was to clarify language related to personal boat slip rental. To help staff draft potential amendments, representa- tives of the Prior Lake Association, Spring Lake Association, Prior Lake City Council, and City Code Enforcement staff were assembled to identify some com- mon concerns and brainstorm possible solutions. 2 After this group met the first time, a residential development concept plan was submitted for Planning Commission and City Council review. The concept plan included a neighborhood association dock system, which caused some public concern due to the number of proposed boat slips and resulted in questions about the city’s controlled access lot regulations. Residents questioned the boat slip to shoreline ratio, how the shoreline is measured and the ability to utilize unbuildable land areas for controlled access lot calculations. Conclusion City staff and the City Attorney utilized the assembled community representa- tives to prepare ordinance revisions related to renting of private boat slips as well as the controlled access lots. As proposed, the primary ordinance amendments relate to: Controlled Access Lots • Revise boat slip to shoreline ratio from 1:18.75’ to 1:50’ • Revise method to measure shoreline from measuring the contour of the ordinary high water level (OHW ) to the lesser of the contour at the OHW or a straight line between where the two side lot lines intersect with the OHW. • Requirement that shoreline counted must be usable (no wetlands, marsh, bog, etc.) • Requires land counted toward shoreline length to abut or lie within 10’ of navigable water. • Requires watercraft to be owned and registered to owners or tenants in the subdivision or their immediate family (spouse, parents, children). • Clarifies rental of slips is prohibited. Personal Boat Slips • Revised from a maximum of 6 slips to a maximum of 5 slips per property. • New language requiring a dock setback of 10’ from the side property line if 3 or more boat slips exist. • Language added to clarify owner of property (or immediate family) can use the slips, or property tenant (or immediate family) can use the slips, not both. • Allows for a boarder, or boarders, to place a total of 1 slip, provided the property owner is not using slip(s). If property owner has a slip, then a boarder would not be permitted to have a slip. • Clarifies rental of slips is prohibited. Other • City boat slip language added requiring a public hearing if the city pro- poses to add city boat slips in the future. • Many housekeeping items moving language from one section of the code to another to make it easier to navigate. • Language added related to authority for city to require submittal of wa- tercraft registration and proof of ownership or tenancy to establish com- pliance with the ordinance. • Changed definition of Personal Docks to Personal Boat Slips; the city regulates boat slips not docks. • Language added to the short-term rental section setting maximum limit of 2 watercraft for short term rental properties. 3 ZONING ORDINANCE AMENDMENT FINDINGS: Section 1108.600 of the Zoning Ordinance states: 1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Com- mission and final determinations of the City Council shall be supported by find- ings addressing the relationship of the proposed amendment to the following policies. In the case of amendments to the formal text of this Ordinance:  There is a public need for the amendment, or  The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or  The adoption of the amendment is consistent with State and/or federal re- quirements. There is a public need for the amendments. Complaints received from resi- dents regarding lake property owners renting out private slips and the related increase in boat traffic on the lakes, on and off-water safety concerns, strangers walking through private yards to access watercraft, increased on-street parking demands, and the difficulty for city staff to enforce current city code regulations demonstrate a public need for the amendments. In addition, many residents attended recent City Council and Planning Commission meetings and submitted written communication in opposition to the number of controlled access lot boat slips being proposed in a development concept plan demonstrate a public need for the amendments. The adoption of this amendment is consistent with State and/or federal re- quirements. The proposed amendments are consistent with state and federal requirements. The Minnesota DNR has received a copy and is in the process of reviewing the proposed amendments. Staff anticipates receiving comment from the MnDNR prior to the public hearing. ISSUES: There are two separate subjects that staff has attempted to address with these ordinance amendments. The first is personal boat slip rental and the difficulty staff has in enforcing this activity. The second is related to controlled access lots, the appropriate number of boat slips and how the number of boat slips is calculated. To provide an example of the proposed controlled access lot amendments, Lower Prior Lake has two large property areas that are anticipated for residential development. Both areas have approximately 1,325 linear feet of shoreline. Un- der the current controlled access lot regulations of one boat slip per 18.75’ of shoreline, both areas could seek approval for approximately 70 controlled ac- cess lot dock slips. Under the proposed ordinance amendment of one boat slip per 50’ of shoreline, the maximum number of controlled access lot slips would be approximately 25. City staff has received two conditional use permit (CUP) applications for expan- sion of existing controlled access lots. These applications were submitted prior to consideration of these ordinance amendments and thus, both CUP applica- tions will be reviewed under the current city code criteria. 4 ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend- ments to Sections 1101 General Provisions, 1102 Use District Regulations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, and 1109 Administrative Procedures as proposed, or as may be amended by the Plan- ning Commission. 2. Motion and a second to recommend the City Council deny the proposed amendments to Sections 1101 General Provisions, 1102 Use District Regu- lations, 1104 Shoreland Regulations, 1106 Planned Unit Developments, and 1109 Administrative Procedures. 3. Provide direction to staff and continue discussion to a future meeting date. RECOMMENDED MOTION: Alternative No. 1. ATTACHMENT: 1. Proposed Redline Amendments Zoning Ordinance City of Prior Lake June 1, 2009 1104/p1 Use Districts: Add Personal Boat Slips and City Boat Slips as a permitted use in all use districts (except TC and TC-T): • 1102.200 – A • 1102.300 – R-S • 1102.400 – R-1 • 1102.500 – R-2 • 1102.600 – R-3 • 1102.1000 – C-1 • 1102.1100 – C-2 • 1102.1200 – C-3 • 1102.1400 – I-1 Dedicated waterfront is a permitted use in R-1 – 1102.401 Controlled access lot is a CUP in R-1 – 1102.403 (7); and in R-2 – 1102.503 (9) Marinas are a CUP in R-2 - 1102.503 (5) and (6); and in C-2 – 1102.1103 (9) and (10) Conditions in Use Districts • Controlled Access Lot (R-1 – 1102.403 (7); and in R-2 – 1102.503 (9)) - relocated conditions all into 1102; updated conditions; fix formatting in 1102.503(9) • Marinas (R-2 - 1102.503 (5) and (6); and in C-2 – 1102.1103 (9) and (10)) – relocated conditions all into 1102; updated conditions in 1102.1103 to match conditions in 1102.503 (7) Controlled Access Lot on General Development Lake. Conditions a. The lot mustshall be suitable for the intended use as a Mooring Facility. b. The lot mustshall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the lot. c. The lot mustshall meet, at a minimum, the width and area requirements for a Single- Family residential riparian lot. d. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in Subsection 1104.307(3); provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every 5018.75 feet of lot width. Lot width shall be the lesser of either the shoreline as measured at the ordinary high water elevation or a straight line measured between where the two side lot lines intersect with the ordinary high water elevation (or the straight extension of the side lot lines if the side lot lines do not intersect with the ordinary high water elevation). Regardless of Zoning Ordinance City of Prior Lake June 1, 2009 1104/p2 measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within 10 feet of navigable water, shall not count toward lot width. as measured at the Ordinary High Water Elevation. e. All restricted watercraft moored at the lot shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, “immediate family” means the spouse, parents and children (all including step- and foster-) of the owner or tenant or the owner or tenant’s spouse. Use of slips by persons described in this provision is not considered “rental” of slips. e.f. Rental of slips is prohibited. f.g. Covenants mustshall be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants mustshall limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and mustshall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alteration. The covenants mustshall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf- on conditions. g.h. Functioning restroom facilities shall be accessible on the lot for all users of the lot 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. h.i. No dock, mooring facility or other structure shall be located so as to: ➢ Obstruct the navigation of any lake; ➢ Obstruct reasonable use or access to any other dock, mooring facility or other structure; ➢ Present a potential safety hazard; or ➢ Be detrimental to significant fish and wildlife habitat or protected vegetation. i.j. Docks and mooring facilities shall be set back a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Elevation. Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the lot into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p3 j.k. One (1) paved off-street parking space shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within one thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking area. k.l. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. l.m. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. m.n. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. n.o. Controlled Access Lots shall meet the Residential Performance Standards of Subsection 1102.700. o.p. Garbage receptacles shall be made available on the lot f or use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. p. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p4 (5) Marina, Commercial. Conditions: a. The minimum lot size shall be one (1) acre. b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyard, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p5 f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips (6) Marina, Recreational. Conditions: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (65). c. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyard, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. 1106.500 ALLOWED USES: Uses allowed within a PUD District are limited tomay include only those uses allowedgenerally considered associated inwith the general use district which is consistent with the land use category shown for the area on the official Comprehensive Plan Land Use Plan Map. Specific allowed uses and performance standards for each PUD shall be as provided in the City Code Section for the relevant use district and shall be delineated in the PUDan ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the approval of the development plan by the City Council. Any change in the list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in City Code Section 1106.711 of this Ordinance. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p6 1104.307 Additional Special Provision: (1) Residential subdivisions with dwelling unit densities exceeding those in Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if designed and approved as residential planned unit developments under Subsection 1104.800. Only land above the ordinary high-water level of public water can be used to meet lot area standards, and lot width standards mustshall be met at both the ordinary high-water level and at the building line. (2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes mustshall also meet the following standards: a. Each building mustshall be set back at least 200 feet from the ordinary high-water level; b. Each dwelling unit mustshall be separately served by public utilities, none of which are shared; c. Watercraft docking units mustshall be separately served by public utilities, none of which are shared; d. No more than 25% of a lake's shoreline can be in duplex, triplex or quad developments. There are no revisions to 1104.307 (1) or (2) above, but provisions (3), (4), (5), (6) and (7) are moved to a new 1104.310 below. 1104.308 and 309 remain the same with no revisions. 1104.310 Personal Boat Slips and Mooring Facilities: (2) Personal Boat Slips are permitted only on riparian lots. The lot and Personal Boat Slips shall meet the following minimum conditions as determined by the Zoning Administrator: a. The slips can be located on separate dock structures, but no more than five (5) slips can be located on a lot. b. No more than five (5) restricted watercraft may be moored at any one lot at a time. c. If three (3) or more restricted watercraft are moored at any one lot at a time, any dock structure on that lot shall be at least ten (10) feet from all side lot lines at the ordinary high water mark. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p7 d. All Personal Boat Slips on a lot shall be used in only one of the following manners: i.Owner use - all restricted watercraft moored at the lot shall be owned and registered to the property owner or the property owner’s immediate family. For purposes of this requirement, “immediate family” means the spouse, parents and children (all including step- and foster-) of the property owner or the property owner’s spouse. ii.Tenant use – if the entire dwelling on the lot is being leased to a tenant and the owner occupies no portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the tenant or the tenant’s immediate family (as immediate family is defiend above). In no case may the property owner and tenant both moor watercraft at the lot. iii.Boarder use – if a portion of a dwelling on the lot is being leased to a boarder(s) but the owner still occupies a portion of the lot, all restricted watercraft moored at the lot shall be owned and registered to the owner under provision (i) above or the boarder(s) (regardless of number of boarders) may moor only one (1) restricted watercraft at the lot. In no case may the property owner and boarder both moor watercraft at the lot. e. Rental of slips is prohibited. Use of slips allowed by (d) above is not considered “rental” of slips. (2)(3) City Boat Slips are permitted only on riparian property owned or controlled by the City of Prior Lake, subject to DNR approval. The City may use the slips as determined and regulated by the City Council including rental of the slips. The City shall not increase the number of boat slips or increase the number of boat slips which the City rents without first holding a public hearing. (3)(4) Mooring Facilities, including Controlled Access Lots, Dedicated Waterfronts, Recreational Marinas and Commercial Marinas, shall meet the following conditions as determined by the Zoning Administrator: a. The facility shall be compatible with the adjacent land and water uses. b. Adequate water depth is available for the proposed facility without churning of bottom sediments. c. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. d. The facility will not affect the quality of water and the ecology of the lake. e. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p8 f. Adequate sanitary and parking facilities will be provided in connection with the facility. g. Compliance with the provisions of Subsection 1104.307 (4), (5), (6), (7), (8) and/or (69) as applicable. (5) (4) Controlled Access Lots are allowedpermitted only on riparian lots on General Development Lakes by Conditional Use Permit in the PUD, R-1 and R- 2 Zoning Districts. Controlled Access Lots shall comply with all applicablethe conditions listed in this subsection 1104.310, the applicable Zoning DistrictSection 1102 and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed applicable conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. Ord. Amd. 115-23, Pub. 10/10/2015 (5) Dedicated Waterfronts are allowed only in R-1 zoning districts. No new Dedicated Waterfront may be established after January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of Lot width as measured at the Ordinary High Water Elevation. (Ord. Amd. 116-05, publ. 04/02/16) Zoning Ordinance City of Prior Lake June 1, 2009 1104/p9 (56) Recreational Marinas sare allowed only on riparian lots on General Development Lakes, by Conditional Use Permit in hall be allowed on a riparian lot in the PUD, R-2 or C-2 Zoning Districts. The lot and Recreational Marina shall meet comply with all applicable conditions listed in this subsection 1104.310, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City.the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. b. The allowable number of Boat Slips shall be based on the conditions identified in Subsection 1104.307(3) and (5). c. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) Boat Slips; parking shall not be located below the Ordinary High Water Elevation and shall further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Recreational Marinas shall be defined as a permitted commercial (“C”) use. e. f. The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as approved by the City. g. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and shall further meet the standards in Subsection 1104.501(3) of this Ordinance. (67) Commercial Marinas are allowed only shall be allowed on a riparian lots on General Development Lakes, by Conditional Use Permit in the PUD, R-2 or C- 2 Zoning Districts. The lot and Commercial Marina shall comply with all applicable conditions listed this subsection 1104.310, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City.meet the following minimum conditions as determined by the Zoning Administrator: a. The minimum lot size shall be one (1) acre. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p10 b. The lot shall provide paved off-street parking at a minimum ratio of one (1) parking space per four (4) boat slips; parking shall not be located below the Ordinary High Water Elevation and further meet the standards in Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Elevation sufficient to capture and filter all run-off from the parking. Additional off-street parking may be required for boat tours or if the Zoning Administrator determines that an ancillary use requires additional parking. c. The lot shall have public bathrooms connected to municipal sanitary sewer as approved by the City. d. The lot shall meet the impervious surface coverage requirements in Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3), Commercial Marinas shall be defined as a permitted commercial (“C”) use. e. All General Performance Standards in Section 1107 of this Ordinance shall apply. Bufferyards, Type C, as defined in Subsection 1107.2005, shall be constructed along any “R” Use District. Signage shall be allowed per Subsection 1107.810 for Lake Services and further meet the standards in Subsection 1104.501(3) of this Ordinance. f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and 10:00 p.m., seven days a week. g. Commercial Marinas shall obtain and comply with a permit issued by the Minnesota Department of Natural Resources. The permit shall determine the number of allowable Boat Slips. (7) All Recreational Marinas and Commercial Marinas shall obtain a Conditional Use Permit following the procedures set forth in Subsections 1108.205 through 1108.222. The conditions set forth in Subsection 1104.307(3) and either (5) or (6) as applicable, as well as any conditions imposed by the Planning Commission or City Council, shall apply to Conditional Use Permits issue to Recreational Marinas and Commercial Marinas. (Ord. Amd. 114-12, publ. 6/28/14) (8) Dedicated Waterfront are permitted only in R-1 zoning districts. No new Dedicated Waterfront may be established after January 1, 2016. Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every 18.75 feet of Lot width as measured at the Ordinary High Water Elevation. (Ord. Amd. 116-05, publ. 04/02/16) (8) If the City has reason to believe that any provisions in this subsection relating to personal boat slips or mooring facilities are not being complied with, the City has the authority to require the submittal of watercraft registration information, proof of ownership/tenancy of property or watercraft, proof of relationships, use of slip, or other information needed to establish compliance. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p11 1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance are described in this Subsection. Subsection 1109.102 empowers the Zoning Administrator to make interpretations identifying which land use category a proposed land use fits within. Boat Slip. An area of water adjacent to a dock or slip structure or within a mooring area which is used for storage of one watercraft. (Ord. Amd. 114-12, publ. 06/28/14) Boat Slips, City. The mooring of watercraft with permission of the City on property owned or controlled by the City. City boat slips, regardless of number, are not a Mooring Facility. Boat Slips, Personal. The mooring of five (5) or fewer restricted watercraft allowed for personal use by the owners and/or tenants of residential riparian lots, as further guided by the Policy Guiding the Placement of Personal Docks in the City of Prior Lake. Controlled Access Lot. A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with access to public waters. (Ord. Amd. 114-12, publ. 6/28/14) Docks, Personal. The mooring of six or fewer watercraft allowed for personal use by the owners and/or tenants of low density residential riparian lots, as further guided by the Policy Guiding the Placement of Personal Docks in the City of Prior Lake. (Ord. Amd. 114-12, publ. 6/28/14) Dedicated Waterfront. A Dedicated Waterfront is a parcel of land which has all of the following elements: (i) the parcel of land is used as a Mooring Facility for access to public waters for non-riparian lot owners; (ii) the source of the right to access public waters is by virtue of a grant or dedication on a plat; and (iii) the lots with the right to access public waters are not subject to recorded homeowners’ association documents. Only those parcels that exist in this manner as of January 1, 2016 shall qualify as Dedicated Waterfront. (Ord. Amd. 116-05, publ. 04/02/16) Marina, Commercial. A mooring facility of seven or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are provided, including boat tours. (Ord. Amd. 114-12, publ. 6/28/14) Marina, Recreational. A mooring facility of seven or more restricted watercraft wherein boat slips are leased and commercial ancillary services common to marinas are not provided. Zoning Ordinance City of Prior Lake June 1, 2009 1104/p12 (Ord. Amd. 114-12, publ. 6/28/14) Mooring. Any containment of watercraft that provides a fixed fastening for the craft, which is located in, on, above, or adjacent to the water. (Ord. Amd. 114-12, publ. 6/28/14) Mooring Facility. Any area intended for the mooring of seven or more watercraft by docks, mooring buoys, or other means. Watercraft. Any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or useable for carrying and transporting persons on the public waters. Watercraft, Restricted. Watercraft for use on or stored on the public waters except for the following: r unrestricted watercraft as defined in this section. Watercraft, Unrestricted. Watercraft for use on or stored on the public waters which is: 1. 16 feet or less in length and unmotorized; or 2.1. 16 feet or less in length which uses a no motor or a motor of 10 horsepower or less; or 3.2. 20 feet or less in length and unmotorized, and which is propelled solely by human power. (Ord. Amd. 114-12, publ. 6/28/14) 1109.906 Enforcing Officer. The Community Development and Natural Resources Director is the appointed Zoning Administrator who shall enforce this Ordinance under the direction and control of the City Manager.