Subd. 1. Purpose. This District is intended to recognize the desirability for areas to serve the lakeshore recreational needs of the city which of their very nature are by geographic necessity located in proximity and adjacent to residential areas of this community. Lake Minnetonka is the largest single park and recreational facility available for use by the citizens of this city and the providing of an opportunity for access to that facility is, in the opinion of the city, an adjunct of zoning by the city. Recognizing the primary residential nature of Shorewood, it behooves the city to subject the possible areas available for access to the lake to close scrutiny and limitation so as to insure that use of the land does not unduly infringe upon property rights and public health, safety and welfare of others residing on nearby residential sites.
Subd. 2. Permitted uses. The following are permitted uses in the L-R District as regulated herein with special limitation requirements and conditions attached as provided in Subd. 8. below. Water harboring of boats at docks attached to land, including limited related service facilities as hereinafter authorized, is subject to an annual operating license which shall be issued only in accordance with the following standards and limitations.
Subd. 3. Permitted accessory uses. The following are permitted accessory uses in a L-R District:
b. One clubhouse building, not exceeding 2000 square feet of floor area on the first floor level. This building may be used for sale of limited items used in conjunction with boating, including fishing bait and tackle, light accessory marine-line equipment, soft drinks, prepackaged foods, shower and meeting rooms;
c. One storage building, not exceeding 1200 square feet of floor area;
d. Gasoline dispensing equipment (boat only) subject to design standards of the Minnesota Uniform Fire Code, approval of the State Fire Marshall, the local Fire Marshal, the Pollution Control Agency, Department of Natural Resources and other applicable agencies and if authorized by the City Council. Sale of gasoline is limited to those individuals renting or leasing dock slips, or launching boats from the subject site, or, in the case of a yacht club, to members of the yacht club;
e. Boat rental, in compliance with LMCD regulations and as authorized by the City Council.
Subd. 4. Conditional uses. The following are conditional uses in a L-R District: (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
a. One single-family dwelling used as a caretaker residence, provided that:
(1) The dwelling shall comply with the requirements of Chapter 1004 (Rental Housing) of this code;
(2) The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met;
b. Open and outdoor, dry land storage of boats and boat trailers as an accessory use, provided that:
(1) The area is fenced and screened from view of neighboring residential uses or if abutting an R District;
(2) Storage is screened from view from the public street right-of-way;
(3) Storage is landscaped to provide a buffer from all other public rights-of- way;
(4) Storage area is grassed or surfaced with pavement or class V, or the equivalent, to control dust;
(5) Landscaping is provided in compliance with § 1201.03, Subd. 2g;
(6) Lighting shall comply with Subd. 8k of this section;
(7) Except for winter storage of boats, storage area does not take up parking space as required for conformity to this chapter;
(8) The provisions of § 1201.04, Subd. 1d(1) are considered and satisfactorily met.
Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a L-R District subject to additional requirements, exceptions and modifications set forth in this chapter:
a. Lot area: Not less than 60,000 square feet;
b. Lot width: Not less than 200 feet;
c. Lot depth: Not less than 150 feet;
d. Setbacks:
(1) Front yard: Not less than 35 feet;
(2) Rear yard: Not less than 50 feet (from the ordinary high water mark);
(3) Side yard:
(a) From residential: Not less than 50 feet;
(b) From nonresidential: Not less than 15 feet;
(4) From public right-of-way: Not less than 10 feet other than street.
Subd. 6. Building requirements. Height: the clubhouse structure shall not exceed two and one-half stories, or 35 feet, whichever is less. Other accessory structures shall not exceed one story or 15 feet, whichever is less.
Subd. 7. Application information requirements. The following information is to be submitted to the city for consideration of rezoning to L-R, Lakeshore Recreational District:
a. The landowner’s name, address and interest in the subject property;
b. The applicant’s name and address if different from the landowner;
c. The names and addresses of all professional consultants who have contributed to the preparation of the application being submitted, including attorney, land planner, engineer and surveyor;
d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed rezoning, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and the other evidence as the City Attorney may require to show the status of title or control of the subject property;
e. Legal description of property upon which proposal is to be located;
f. Written description of proposed operation and use;
g. Site plan similar in detail to a preliminary plat drawn to a scale of one inch to 20 feet and which site plan shall disclose the following:
(1) Dimensions of the site;
(2) Location and dimensions of all present and proposed buildings;
(3) Location and dimensions of land recreation facilities;
(4) Road entrances and exits;
(5) Access roads and their design/construction standards;
(6) Location of parking and traffic flow;
(7) Location and design of screening;
(8) Location and design of lighting;
(9) Detailed landscape design and planting plan specifications;
(10) Drainage;
(11) Location and dimensions of authorized related services;
(12) Signs;
(13) Lakeshore footage;
(14) Location, shape, design and dimension of docks, in compliance with LMCD approvals. Each dock shall be numbered and there shall be indicated whether one or more than one boat shall be harbored within the designated dock;
(15) Location and description of boat dock canopies;
(16) Flow of boat traffic;
(17) Location of any proposed boat ramp;
(18) Zoning of property within 500 feet of the site;
(19) Location and design of trash collection facilities and access to same by trash collectors;
(20) Interior design and use of the building shown on the plan;
(21) Other items peculiar to the facility;
h. A written statement describing how the property is to be designed, arranged and operated in order to be compatible with adjacent residential properties, including but not limited to:
(1) General compatibility and impact upon surrounding living environment;
(2) Air and water quality;
(3) Wetlands;
(4) Noise;
(5) Traffic;
(6) Boat harboring and lake use;
i. A description of use for which all buildings on the property will be used;
j. Copies of approvals received from state, regional and other agencies who have or claim jurisdiction over the proposed use or names of agencies to whom applicants propose to request and obtain approval for operation as proposed.
Subd. 8. Special and specific standards and conditions. The following are special and specific design standards and conditions of limitations applicable to water-harboring of boats.
a. Site shall be located on a lake which has at least two public accesses of at least 50 feet in width located within the city limits. No site shall be located closer than 5,000 feet as measured along the lake shoreline to any existing authorized multiple use water harboring boat facility.
b. All applicable state building and operational standards are complied with.
c. The minimum number of slips to be authorized shall be ten; the maximum number of slips shall be consistent with the number of slips licensed by the Lake Minnetonka Conservation District, pursuant to the LMCD Code of Ordinances.
d. Minimum lakeshore footage required shall be 250 feet.
e. Boat launching ramps shall be permitted only where and when specifically authorized by the Council who, when determining authorization, shall take into consideration:
(1) Traffic congestion;
(2) Safety;
(3) Proximity to homes in the area;
(4) Excess parking available;
f. Location and construction of docks:
(1) Dock structures shall be constructed in accordance with the following setbacks from the side lot lines extended into the lake:
For That Portion of the Length of the Dock Which Extends From the Shore | The Setback Shall Be: |
0 to 50 feet | 10 feet |
50 to 100 feet | 15 feet |
100 to 200 feet | 20 feet |
(2) Dock structures shall extend into the water no more than 200 feet as measured from the point the dock touches the shoreline;
(3) Dock structures shall be constructed and maintained using the Minnesota State Building Code as a standard. A minimum live load of 40 pounds per square foot and a maximum deflection of 1/180 of span shall be required;
(4) Dock structures shall comply with the requirements of the Lake Minnetonka Conservation District (LMCD) Code of Ordinances, as may be amended;
g. Restriction on use of land:
(1) Subject to approval by the City Council, dry land storage of boats and boat trailers shall be confined to designated areas of the site in conformance with Subd. 4 of this section;
(2) No outdoor storage of other items shall be permitted;
(3) No outdoor public address system or outdoor music shall be permitted to be used in conjunction with the facility;
(4) No license for dispensing of intoxicating liquor or 3.2% malt liquor shall be issued for the property;
(5) No food shall be served from the property except that prepackaged foods and those foods dispensed from a vending machine shall be allowed. In the case of a private club, food may be served or catered in for club members, and guests accompanied by members, but in no case shall meals be offered for sale to the general public;
h. Parking, roads and driveways:
(1) One motor vehicle parking stall, computed at the minimum size of 300 square feet, shall be provided for each authorized boat slip;
(2) No parking shall be permitted within 50 feet of the ordinary high water mark;
(3) Access to site shall be from public arterial or collector streets as defined by the Comprehensive Plan or from a street approved by the City Council and shall be free and clear to a minimum width of 22 feet of driving surface;
(4) All access roads and driveways shall be surfaced with a permanently dust- free surface; the proposed facilities, including roads, driveways and parking areas, shall provide for drainage of surface water runoff in accordance with the storm drainage plan adopted by the City Council. No direct drainage to the lake shall be permitted. Access roads and driveways shall be paved for a distance of at least 40 feet measured from the edge of the street pavement;
(5) No parking area shall be permitted within any required side yard. No parking shall be permitted on public road rights-of-way or public access driveways;
i. Where a use abuts an R-1A through R-2C District, buffer fences and/or planting screens shall be installed by the permit recipient according to provisions of § 1201.03, Subd. 2g;
j. The total number of signs allowed on the site shall be two, one facing the street and one facing the lake. Signs shall be non-illuminated, shall not exceed 20 square feet in area each, nor more than eight feet above grade. No sign may be erected without the approval of the City Council;
k. All lighting shall be consistent with § 1201.03 Subd. 2.v. except that no light or combination of lights which cast light on residential property, the lake or the public right-of-way shall exceed four-tenths (.4) foot-candles (meter reading) as measured from the property line and 250 feet from the shoreline;
l. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Chapter 7030, as may be amended;
m. No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading and drainage plans shall be reviewed and subject to the approval of the City Engineer;
n. Prior to construction, approval of all necessary applications and permits as stipulated by law from the Lake Minnetonka Conservation District, Minnehaha Creek Watershed District and appropriate state agencies shall be demonstrated and filed with the city.
Subd. 9. Application evaluation.
a. Upon receipt of an application containing all of the information enumerated in Subd. 7 hereof, the City Council shall review the same.
b. If, in making the review, the Council finds:
(1) That the public health, safety and welfare or public rights might be adversely affected by the rezoning or issuance of a license, the Council shall refer the application to the Planning Commission for a study of the consequences of the proposal upon:
(a) The natural environment;
(b) Public health, safety and welfare;
(c) The possible infringement on the public rights to use the public water;
(d) Any unreasonable infringement or restrictions on the use of existing adjacent residential areas;
c. If a study is ordered, the same shall be carried out by a person or persons competent in the knowledge of environmental protection and urban planning. The person or persons chosen to conduct the study must be approved by the Council prior to the commencement of the study.
d. The applicant shall, prior to the commencement of the study, deposit with the City Administrator/Clerk that sum of money the Council deems necessary to pay for the cost of a study.
e. The completed study shall be filed with the Zoning Administrator before the application is forwarded to the Planning Commission for consideration.
f. The environmental study shall be waived by the City Council in the event a study is ordered by the Minnesota State Environmental Quality Board.
g. The Planning Commission, in making its recommendation to the City Council, and the City Council, in making its decision on the request for the rezoning, shall take into consideration:
(1) The environmental study report, and
(2) The effect the proposed development may have upon the public health, safety, welfare or public right to use the public water.
Subd. 10. Licensing of facilities authorized hereunder.
a. Upon granting of a rezoning pursuant to this chapter, the applicant shall be required, prior to operation, to obtain a license to be issued annually by the City Council.
(1) An application for a license must be submitted to the Zoning Administrator and accompanied by payment of the required license fee. Licenses shall expire on December 31 in each year. Each license will be issued for a period of one year.
(2) The license shall authorize the applicant to operate the facility in accordance with the terms of any conditional use permit, together with any additional requirements determined by the Council.
(3) Renewal of the license shall be granted only provided the operation is in conformance with the terms of the conditional use permit.
b. A license will be issued to the applicant only and is not transferable to another holder. Each license will be issued only for the premises described in the application. A license may not be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any partner or holder of more than 10% of the issued and outstanding stock of the corporation will be deemed a transfer of the license.
c. An application for a license shall be accompanied by a plan, prepared by the applicant, setting forth a procedure providing that seasonal rental of available or unrenewed slips shall be first offered to the city residents.
d. Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With the exception of power boats necessary for the operation of the facility and publicly-owned watercraft operated by public safety personnel, water harboring of boats on any site in Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation by the Planning Commission, the City Council may license a limited number of power boats, provided the essential character of the property as a sailing facility is maintained.
Subd. 11. Termination procedure for license previously issued.
a. If upon inspection by the representative of the City Council it appears the facility is not being maintained or operated in accordance with the terms of the outstanding license:
(1) The licensee shall be informed of the violation in writing by the Zoning Administrator;
(2) The licensee shall be notified it has 20 days to correct the violation;
(3) If the violation is not corrected within the time, the City Council may revoke the license, but not until licensee has been given an opportunity to be heard at a regular meeting of the City Council.
b. Failure to have a valid license in force shall be prima facie evidence of a violation of this chapter.
(1987 Code, § 1201.24) (Ord. 180, passed 5-19-1986; Am. Ord. 443, passed 11-26-2007; Am. Ord. 575, passed 12-14-2020)