HomeMy WebLinkAbout114-12 Marina Amendment
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 114-12
AN ORDINANCE AMENDING SUBSECTION 1101.1000, SUBSECTION 1104.307, SUBSECTION 1102.503
AND SUBSECTION 1102.1103 OF THE PRIOR LAKE CITY CODE PART 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
1.The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000 of Section 1101, General
Provisions, of the Prior Lake Zoning Ordinance is hereby amended by inserting the following definitions in alphabetical
order:
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.
Controlled Access Lot. A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with
access to public waters.
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.
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.
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.
Mooring. Any containment of watercraft that provides a fixed fastening for the craft, which is located in, on,
above, or adjacent to the water.
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 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
2.16 feet or less in length which uses a motor of 10 horsepower or less; or
3.20 feet or less in length and unmotorized, and which is propelled solely by human power.
2.The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000 of Section 1101, General
Provisions, of the Prior Lake Zoning Ordinance is hereby amended by deleting the following definition:
Marina. A business adjacent to a navigable lake providing moorings, docks and/or slips for boats. It may
also offer supplies and services accessory to the principal use.
3.The City Council of the City of Prior Lake does hereby ordain that Subsection 1104.307 of Section 1104, Shoreland
Regulations, of the Prior Lake Zoning Ordinance is hereby amended by deleting Subsection 1104.307 in its entirety
and replacing it with the following:
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 must 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 must also meet the
following standards:
a. Each building must be set back at least 200 feet from the ordinary high-water level;
b. Each dwelling unit must be separately served by public utilities, none of which are shared;
c. Watercraft docking units must 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.
(3) Mooring Facilities 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.
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) or (6) as applicable.
(4) Controlled Access Lots shall meet the following conditions as determined by the Zoning Administrator:
a.The lot must be suitable for the intended use as a Mooring Facility.
b.The lot must 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 entire lot shall be a minimum of 20 feet in depth measured from the Ordinary High Water
Elevation.
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d.The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions
identified in Subsection 1104.307(3) and (4); provided however, in no case shall the number of
boat slips exceed 1 Boat Slip for every 12.5 feet of Lot width as measured at the Ordinary High
Water Elevation.
e. Covenants must 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 must limit the total number of watercraft allowed to be securely
moored, docked, or stored over water, and must require centralization of all common facilities and
activities in the most suitable locations on the lot to minimize topographic and vegetation alteration.
The covenants must 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.
(5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and
Recreational Marina shall meet 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.The lot shall have public bathrooms connected to municipal sanitary sewer or Portable Toilets as
approved by the City.
f.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.
(6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zoning Districts. The lot and
Commercial Marina shall meet the following minimum conditions as determined by the Zoning
Administrator:
a.The minimum lot size shall be one (1) acre.
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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.
This Ordinance shall become effective from and after its passage and publication of a corresponding summary.
Passed by the City Council of the City of Prior Lake this 23 day of June, 2014.
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ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
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