§ 151.03.25 DOCKS, LIFTS, AND OTHER MOORING STRUCTURES OR FACILITIES.
   Docks, lifts, other mooring structures or facilities, and marinas other than those owned or operated by the state or a political subdivision, may be constructed or placed when allowed in accordance with state law, other provisions of this Code and the following provisions:
   (A)   Single-family lots. Docks, lifts, or other mooring structures located on single-family lots do not need a permit from the city, but must meet the following requirements:
      (1)   Only one dock, lift, or other mooring structure is permitted on each lot;
      (2)   Structures may be no wider than six feet, which shall be measured at the width of the major running length of the dock;
      (3)   Docks shall be located so that moored watercraft and equipment are at least five feet from the extended property line;
 
Figure 151.03.01 Dock Placement
      (4)   Must not impede navigation or create a hazard;
      (5)   Mooring is limited to four restricted watercraft (of which no more than one may be registered to other than a family member);
      (6)   Rental of slips is not allowed;
      (7)   Must be removed before freeze-up;
      (8)   In no case shall easements be allowed for docks or mooring structures. Docks or mooring facilities are allowed only on approved single-family lots;
      (9)   It is not the intent of this section to discontinue use of docks after they have been removed for the winter. However, the landowner shall make every effort to comply with the requirements of this section. In no case shall a landowner not be allowed to place his or her dock back in the water; and
      (10)   Except as modified by the above requirements, all other provisions of Minn. Admin. Rules 6115.0210 shall apply.
   (B)   PUDs.
      (1)   The number of allowable dwelling sites in the first tier as determined by § 151.03.14(C) shall be used as a basis for determining the number of mooring slips allowed as follows:
         (a)   If the number of dwelling sites allowed in the first tier is four or fewer, the PUD is allowed one centralized dock, lift, or mooring structure with a maximum of four mooring slips.
         (b)   If the number of dwelling sites allowed in the first tier is more than four, the PUD is allowed to have up to the same number of mooring slips as the maximum number of dwelling sites allowed in the first tier. These mooring slips shall be centralized into common docks.
      (2)   All docks, lifts, and mooring structures in a PUD are subject to the following:
         (a)   Docks shall be located so that moored watercraft and equipment are at least five feet from the extended property line as shown in Figure 151.03.01;
         (b)   Must be no wider than six feet, which shall be measured at the width of the major running length of the dock;
         (c)   Must not impede navigation or create a hazard;
         (d)   Must be removed before freeze-up. For extenuating circumstances or difficult terrain, a dock may be moved as close to the lakeshore as possible. Any dock left in the water over the winter must be marked with a reflective material and orange fence for visibility on each side. The reflective material must measure a total of not less than nine square inches every six feet on each side of the dock; and
         (e)   Except as modified by the above requirements, all other provisions of Minn. Rules Part 6115.0210, as may be amended from time to time, shall apply.
      (3)    Provided the requirements in subsection (B)(2) of this section can be met, an applicant may apply for an additional dock, lift, or mooring structures at the time of initial platting or subsequent to plat approval. If owners apply for additional docks, lifts, or other mooring structures after initial platting, the conditional use permit process outlined in § 151.06.14 shall apply. It is at the discretion of the Planning Commission and City Council as to whether to approve additional docks, lifts, or other mooring structures, and the City Council may place additional conditions on such facilities as they deem appropriate.
      (4)   Marinas are allowed with a conditional use permit and Minnesota Department of Natural Resources (DNR) Public Waters Permit and are subject to the requirements in subsection (B)(1) of this section.
      (5)   Overnight beaching, docking, or continuous mooring of watercraft may be allowed with a conditional use permit.
      (6)   In no case shall easements be allowed for docks or other mooring structures.
      (7)   Except as modified by the above requirements, all provisions of Minn. Rules Part 6115.0210, as it may be amended from time to time, shall apply. Considerations of a conditional use permit must include considerations of lot width, lot depth, land slope, water depth, vegetation, soils, depth to ground water and bedrock, compatibility with adjacent land uses and/or other relevant factors.
      (8)   It is not the intent of this section to discontinue use of docks after they have been removed for the winter. However, the landowner shall make every effort to comply with the requirements of this section. In no case shall a landowner not be allowed to place his or her dock back in the water.
   (C)   Non single-family lots.
      (1)   One dock, lift, or mooring structure may be located on lots other than single-family residential lots and PUDs with a permit and subject to the following:
         (a)   Docks shall be located so that moored watercraft and equipment are at least five feet from the extended property line as shown in Figure 151.03.01;
         (b)   Must be no wider than six feet, which shall be measured at the width of the major running length of the dock;
         (c)   Must not be used for more than six restricted watercrafts;
         (d)   Must not impede navigation or create a hazard;
         (e)   Must be removed before freeze-up. For extenuating circumstances or difficult terrain, a dock may be moved as close to the lakeshore as possible. Any dock left in the water over the winter must be marked with a reflective material and orange fence for visibility on each side. The reflective material must measure a total of not less than nine square inches every six feet on each side of the dock; and
         (f)   Except as modified by the above requirements, all other provisions of Minn. Rules Part 6115.0210, as may be amended from time to time, shall apply.
      (2)    Provided the requirements in subsection (C)(1) of this section can be met, an applicant may apply for an additional dock, lift, or mooring structures at the time of initial platting or subsequent to plat approval. If owners apply for additional docks, lifts, or other mooring structures after initial platting, the conditional use permit process outlined in this chapter shall apply. It is at the discretion of the Planning Commission and City Council as to whether to approve additional docks, lifts, or other mooring structures, and the City Council may place additional conditions on such facilities as they deem appropriate.
      (3)    Marinas are allowed with a conditional use permit and Minnesota Department of Natural Resources (DNR) Public Waters Permit and are subject to the requirements in subsection (C)(1) of this section.
      (4)   Overnight beaching, docking, or continuous mooring of watercraft may be allowed with a conditional use permit.
      (5)   In no case shall easements be allowed for docks or other mooring structures.
      (6)   Except as modified by the above requirements, all provisions of Minn. Rules Part 6115.0210, as it may be amended from time to time, shall apply. Considerations of a conditional use permit must include considerations of lot width, lot depth, land slope, water depth, vegetation, soils, depth to ground water and bedrock, compatibility with adjacent land uses and/or other relevant factors.
      (7)   It is not the intent of this section to discontinue use of docks after they have been removed for the winter. However, the landowner shall make every effort to comply with the requirements of this section. In no case shall a landowner not be allowed to place his or her dock back in the water merely because the dock has been removed for the winter.
   (D)   Commercial marinas. Commercial marinas shall be subject to the following:
      (1)   Proof of a Minnesota Department of Natural Resources Public Waters Permit;
      (2)   Winter storage of slip rental customers and business owned boats will be allowed during non-boating season only (typically from October 30 to April 30);
      (3)   Boats stored for the winter must be parked in an orderly fashion and covered with similar covers;
      (4)   Docks must not impede navigation or create a hazard;
      (5)   Docks must be removed before freeze-up. For extenuating circumstances or difficult terrain, a dock may be moved as close to the lakeshore as possible. Any dock left in the water over the winter must be marked with a reflective material and orange fence for visibility on each side. The reflective material must measure a total of no less than nine square inches every six feet on each side of the dock; and
      (6)   Except as modified by the above requirements, all provisions of Minn. Rules Part 6115.0210, as may be amended from time to time, shall apply.
(Ord. 20220120-01, passed 1-20-22)