151. PLANNING AND ZONING (Floodplain District and Shoreland Districts 151.200 - 151.239)

Floodplain District

 

151.200       Statutory authorization, findings of fact, purpose

151.201       General provisions and definitions

151.202       Establishment of zoning districts

151.203       Requirements for all floodplain districts

151.204       Floodway District (FW)

151.205       Flood Fringe District (FF)

151.206       General Floodplain District (GF)

151.207       Public utilities, railroads, roads, and bridges

151.208       Manufactured homes and recreational vehicles

151.209       Administration

151.210       Nonconformities

151.211       Amendments

 

                                                                   Shoreland Districts

 

151.225       Statutory authorization and policy

151.226       General provisions and definitions

151.227       Administration

151.228       Shoreland classification system and land use districts

151.229       Physical limitations

151.230       Placement, design, and height of structures

151.231       Shoreland alterations

151.232       Placement and design of road, driveways, and parking areas

151.233       Stormwater management

151.234       Special provisions for commercial, industrial, public, semipublic, agricultural, forestry, extractive, and mining uses

151.235       Water supply and sewage treatment

151.236       Subdivision/platting provisions

151.237       Planned unit developments

151.238       Nonconformities within shoreland areas

151.239       Notifications to the Department of Natural Resources

 

 

 

FLOODPLAIN DISTRICT

 

 

§ 151.200  STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE.

 

(A)  Statutory authorization. The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

 

(B)  Purpose.

 

(1)   This subchapter regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this subchapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

 

(2)   This subchapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.

 

(3)   This subchapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development.

(Prior Code, § 611.01)

 

 

§ 151.201  GENERAL PROVISIONS AND DEFINITIONS.

 

(A)  General provisions.

 

(1)   Lands to which this subchapter applies. These previsions apply to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with division (A)(1)(b) below.

 

(a)   The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.

 

(b)   Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.

 

(c)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.

 

(2)   Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this subchapter:

 

(a)   Flood insurance studies: county, state, and incorporated areas; and

 

(b)   Currently effective Flood Insurance Rate Map panels enumerated below:

 

1. County Panel 27109C 0041E, effective 04/19/2017;

 

2. County Panel 27109C 0042E, effective 04/19/2017;

 

3. County Panel 27109C 0043E, effective 04/19/2017; and

 

4. County Panel 27109C 0044E, effective 04/19/2017.

 

(3)   Abrogation and greater restrictions. It is not intended by these provisions to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where these previsions impose greater restrictions, there provisions shall prevail. All other provisions of this chapter inconsistent with these provisions are hereby repealed to the extent of the inconsistency only.

 

(4)   Warning and disclaimer of liability. These provisions do not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. These provisions do not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on these provisions or any administrative decision lawfully made hereunder.

 

(5)   Severability. If any section, division, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of law, the remainder of this subchapter shall not be affected and shall remain in full force.

 

(B)  Definitions. Unless specifically defined below, words or phrases used in this subchapter must be interpreted according to common usage and so as to give this subchapter its most reasonable application.

 

ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

 

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

 

BASE FLOOD ELEVATION. The elevation of the regional flood. The term BASE FLOOD ELEVATION is used in the flood insurance survey.

 

BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

 

CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

 

(a)   Certain conditions as detailed in the zoning ordinance exist; and

 

(b)   The structure and/or land use conform(s) to the Comprehensive Land Use Plan, if one exists, and is/are compatible with the existing neighborhood.

 

CRITICAL FACILITIES. Facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic, or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of CRITICAL FACILITIES include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

 

DEVELOPMENT. Any human-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

 

EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

 

FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a) through (d), as they may be amended from time to time. An open type fence of posts and wire is not considered to be a structure under this subchapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this subchapter.

 

FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

 

FLOOD FRINGE. The portion of the special flood hazard area (1% annual chance flood) located outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study.

 

FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

 

FLOOD-PRONE AREA. Any land susceptible to being inundated by water from any source.

 

FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.

 

FLOOD-PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

 

FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

 

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s LOWEST FLOOR, provided that the enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of 44 C.F.R. § 60.3.

 

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term “recreational vehicle”.

 

NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this subchapter.

 

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.

 

PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.

 

REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.

 

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self‑propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this subchapter, the term RECREATIONAL VEHICLE is synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.

 

REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in a flood insurance study.

 

REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

 

REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each the flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

 

SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with 100-YEAR FLOODPLAIN.

 

START OF CONSTRUCTION. This term includes substantial improvement and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement that occurred before the permit’s expiration date. The actual START is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

 

STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 151.208(B)(2) and other similar items.

 

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

 

SUBSTANTIAL IMPROVEMENT.

 

(a)   Within any consecutive 365‑day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement.

 

(b)   This term includes structures that have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either:

 

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

 

2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. For the purpose of this subchapter, “historic structure” is as defined in 44 C.F.R. § 59.1.

 

(C)  Annexations. The Flood Insurance Rate Map panels adopted by reference into division (A)(2) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this subchapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this subchapter, the newly annexed floodplain lands will be subject to the provisions of this subchapter immediately upon the date of annexation.

(Prior Code, § 611.02)  Penalty, see § 10.99

 

 

§ 151.202  ESTABLISHMENT OF ZONING DISTRICTS.

 

(A)  Districts.

 

(1)   Floodway District. The Floodway District includes those areas within zones AE that have a floodway delineated, as shown on the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted in § 151.201(A)(2).

 

(2)   Flood Fringe District. The Flood Fringe District includes areas within zones AE on the Flood Insurance Rate Maps adopted in § 151.201(A)(2), but are located outside of the floodway.

 

(3)   General Floodplain District. The General Floodplain District includes those areas within zone A as shown on the Flood Insurance Rate Map adopted in § 151.201(A)(2).

 

(B)  Applicability.

 

(1)   Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in §§ 151.204 or 151.205 will apply, depending on the location of a property.

 

(2)   Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in § 151.204 apply unless the floodway boundary is determined, according to the process outlined in § 151.206(B).

(Prior Code, § 611.03)

 

 

§ 151.203  REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS.

 

(A)  Permit required. A permit must be obtained from the Zoning Administrator to verify a development meets the standards outlined in this ordinance prior to conducting the following activities:

 

(1)   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if the work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this subchapter;

 

(2)   The use or change of use of a building, structure, or land;

 

(3)   The construction of a dam, on-site septic system, or fence, although a permit is not required for a farm fence as defined in this subchapter;

 

(4)   The change or extension of a nonconforming use;

 

(5)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source;

 

(6)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain;

 

(7)   Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for; and

 

(8)   Any other type of “development,” as defined in this subchapter.

 

(B)  Building sites. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:

 

(1)   Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

 

(2)   Constructed with materials and utility equipment resistant to flood damage;

 

(3)   Constructed by methods and practices that minimize flood damage; and

 

(4)   Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

 

(C)  Flood capacity. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

 

(D)  Prohibitions.

 

(1)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

 

(2)   Critical facilities are prohibited in all floodplain districts.

(Prior Code, § 611.04)

 

 

§ 151.204  FLOODWAY DISTRICT (FW).

 

(A)  Permitted uses. The following uses, subject to the standards set forth in division (B) below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

 

(1)   General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting;

 

(2)   Industrial‑commercial loading areas, parking areas, and airport landing strips;

 

(3)   Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails;

 

(4)   Residential yards, lawns, gardens, parking areas, and play areas; and

 

(5)   Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.

 

(B)  Standards for floodway permitted uses.

 

(1)   The use must have a low flood damage potential.

 

(2)   The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.

 

(3)   Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

 

(C)  Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 151.209(D) code and further subject to the standards set forth in division (D) below, if otherwise allowed in the underlying zoning district or any applicable overlay district.

 

(1)   Structures accessory to the uses listed in divisions (A)(1) through (A)(3) above and the uses listed in this divisions (C)(2) and (C)(3) below;

 

(2)   Extraction, fill, and storage of soil, sand, gravel, and other materials;

 

(3)   Marinas, boat rentals, permanent docks, piers, wharves, and water control structures;

 

(4)   Storage yards for equipment, machinery, or materials;

 

(5)   Construction of fences that obstruct flood flows. Farm fences are permitted uses;

 

(6)   Travel-ready recreational vehicles meeting the exception standards in § 151.208(B)(2); and

 

(7)   Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

 

(D)  Standards for floodway conditional uses.

 

(1)   All uses. A conditional use must not cause any increase in the regional flood elevations or cause an increase in flood damages in the reach or reaches affected.

 

(2)   Fill; storage of materials and equipment.

 

(a)   Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long‑term site development plan.

 

(b)   Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

 

(3)   Accessory structures. Accessory structures, as identified in this division (C)(1) above, may be permitted, provided that:

 

(a)   Structures are not intended for human habitation;

 

(b)   Structures will have a low flood damage potential;

 

(c)   Structures will be constructed and placed so as to offer minimal obstruction to the flow of flood waters;

 

(d)   Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly flood-proofed;

 

(e)   Structures must be elevated on fill or structurally dry flood-proofed in accordance with the FP1 or FP2 flood-proofing classifications in the State Building Code. All flood-proofed structures must be adequately anchored to prevent flotation, collapse, or lateral movement and designed to equalize hydrostatic flood forces on exterior walls;

 

(f)   As an alternative, an accessory structure may be internally/wet flood-proofed to the FP3 or FP4 flood-proofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

 

1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

 

2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

 

(4)   Structural works. Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245, as it may be amended from time to time;

 

(5)   Construction. A levee, dike, or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream; and

 

(6)   Floodway developments. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(Prior Code, § 611.05)

 

§ 151.205  FLOOD FRINGE DISTRICT (FF).

 

(A)  Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (B) below.

 

(B)  Standards for flood fringe permitted uses.

 

(1)   All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.

 

(2)   As an alternative to the fill requirements of division (B)(1) above, structures accessory to the uses identified in division (A) above may be permitted to be internally/wet flood-proofed to the FP3 or FP4 flood-proofing classifications in the State Building Code, provided that:

 

(a)   The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.

 

(b)   All portions of flood-proofed accessory structures below the regulatory flood protection elevation must be:

 

1. Adequately anchored to prevent flotation, collapse, or lateral movement and designed to equalize hydrostatic flood forces on exterior walls;

 

2. Be constructed with materials resistant to flood damage; and

 

3. Must have all service utilities be watertight or elevated to above the regulatory flood protection elevation.

 

(c)   Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

 

1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

 

2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

 

(3)   The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (B)(1) above, or if allowed as a conditional use under division (C)(3) below.

 

(4)   The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.

 

(5)   All service utilities, including ductwork, must be elevated or watertight to prevent infiltration of floodwaters.

 

(6)   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method.

 

(7)   All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City Council.

 

(8)   Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

 

(9)   Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.

 

(10)   Manufactured homes and recreational vehicles must meet the standards of § 151.208.

 

(C)  Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 151.209(D).

 

(1)   Any structure that is not elevated on fill or flood-proofed in accordance with divisions (B)(1) and (B)(2) above.

 

(2)   Storage of any material or equipment below the regulatory flood protection elevation.

 

(3)   The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (B)(1) above.

 

(D)  Standards for flood fringe conditional uses.

 

(1)   The standards listed in divisions (B)(3) through (B)(9) above apply to all conditional uses.

 

(2)   Residential basements, as defined by § 151.201(B) above, are not allowed below the regulatory flood protection elevation.

 

(3)   All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry flood-proofed, meeting the FP1 or FP2 flood-proofing classification in the State Building Code, which requires making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

 

(4)   The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

 

(a)   The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.

 

(b)   The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

 

(c)   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

 

(5)   Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of the materials within the time available after a flood warning.

(Prior Code, § 611.06)

 

 

§ 151.206  GENERAL FLOODPLAIN DISTRICT (GF).

 

(A)  Permitted uses.

 

(1)   The uses listed in § 151.204(A), floodway district permitted uses, are permitted uses.

 

(2)   All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (B) below. Section 151.204 applies if the proposed use is determined to be in the Floodway District. Section 151.205 applies if the proposed use is determined to be in the Flood Fringe District.

 

(B)  Procedures for determining floodway and flood fringe boundaries and regional flood elevations.

 

(1)   Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review, and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.

 

(2)   If regional flood elevation and floodway data are not readily available, or the application involves a project exceeding the lesser of five acres or 50 lots, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in division (B)(3) below.

 

(3)   The determination of floodway and flood fringe must include the following components, as applicable:

 

(a)   Estimate the peak discharge of the regional (1% chance) flood;

 

(b)   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and

 

(c)   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half of a foot. A lesser stage increase than one-half of a foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.

 

(4)   The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.

 

(5)   Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of §§ 151.204 and 151.205.

(Prior Code, § 611.07)

 

 

§ 151.207  PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES.

 

(A)  Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be flood-proofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.

 

(B)  Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with §§ 151.203 and 151.204. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

 

(C)  On-site water supply and sewage treatment systems. Where public utilities are not provided:

 

(1)   On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minn. Rules part 4725.4350, as amended; and

 

(2)   New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minn. Rules part 7080.2270, as amended.

(Prior Code, § 611.08)

 

 

§ 151.208  MANUFACTURED HOMES AND RECREATIONAL VEHICLES.

 

(A)  Manufactured homes.

 

(1)   New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district.

 

(2)   For existing manufactured home parks or lots of record, the following requirements apply:

 

(a)   Placement or replacement of manufactured home units is prohibited in the Floodway District; and

 

(b)   Placement or replacement of manufactured home units in the Flood Fringe District is subject to the requirements of § 151.205 and the following standards.

 

1. New and replacement manufactured homes must be elevated in compliance with § 151.204 and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over‑the‑top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

 

2. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 151.262(B).

 

(B)  Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the requirements below.

 

(1)   Recreational vehicles are exempt from the provisions of this subchapter if they are placed in any of the following areas and meet the criteria listed in division (B)(2) below:

 

(a)   Individual lots or parcels of record;

 

(b)   Existing commercial recreational vehicle parks or campgrounds; and

 

(c)   Existing condominium‑type associations.

 

(2)   Criteria for exempt recreational vehicles:

 

(a)   The vehicle must have a current license required for highway use;

 

(b)   The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks;

 

(c)   No permanent structural type additions may be attached to the vehicle; and

 

(d)   Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in §§ 151.203(B) and 151.205(B).

(Prior Code, § 611.09)

 

 

§ 151.209  ADMINISTRATION.

 

(A)  Duties. A Zoning Administrator or other official designated by the City Council must administer and enforce this subchapter.

 

(B)  Permit application requirements.

 

(1)   Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:

 

(a)   A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit;

 

(b)   Location of fill or storage of materials in relation to the stream channel;

 

(c)   Copies of any required municipal, county, state, or federal permits or approvals; and

 

(d)   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

 

(2)   Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this subchapter. Flood-proofing measures must be certified by a registered professional engineer or registered architect. Accessory structures designed in accordance with § 151.205(B) are exempt from certification, provided sufficient documentation is provided.

 

(3)   Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land, or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subchapter.

 

(4)   Record of first-floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are flood-proofed.

 

(5)   Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, as it may be amended from time to time, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

 

(6)   Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date the supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

 

(C)  Variances.

 

(1)   Variance applications. An application for a variance to the provisions of this subchapter will be processed and reviewed in accordance with applicable state statutes and §§ 151.401 and 151.402.

 

(2)   Adherence to state’s floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

 

(3)   Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

 

(a)   Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;

 

(b)   Variances may only be issued by a community upon:

 

1. A showing of good and sufficient cause;

 

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

 

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

 

(c)   Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

(4)   Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that:

 

(a)   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

 

(b)   The construction below the base or regional flood level increases risks to life and property. The notification must be maintained with a record of all variance actions.

 

(5)   General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

 

(a)   The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

 

(b)   The danger that materials may be swept onto other lands or downstream to the injury of others;

 

(c)   The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination, and unsanitary conditions;

 

(d)   The susceptibility of any proposed use and its contents to flood damage and the effect of the damage on the individual owner;

 

(e)   The importance of the services to be provided by the proposed use to the community;

 

(f)   The requirements of the facility for a waterfront location;

 

(g)   The availability of viable alternative locations for the proposed use that are not subject to flooding;

 

(h)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

 

(i)    The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area;

 

(j)    The safety of access to the property in times of flood for ordinary and emergency vehicles; and

 

(k)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

 

(6)   Submittal of hearing notices to the Department of Natural Resources (DNR). The City Clerk/Treasurer must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

 

(7)   Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of the action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

 

(8)   Record‑keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report the variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

 

(D)  Conditional uses.

 

(1)   Administrative review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with § 151.368.

 

(2)   Factors used in decision‑making. In passing upon conditional use applications, the Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in § 151.368.

 

(3)   Conditions attached to conditional use permits.

 

(a)   The Council may attach the conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this subchapter.

 

(b)   The conditions may include, but are not limited to, the following:

 

1. Modification of waste treatment and water supply facilities;

 

2. Limitations on period of use, occupancy, and operation;

 

3. Imposition of operational controls, sureties, and deed restrictions;

 

4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and

 

5. Flood-proofing measures, in accordance with the State Building Code and this subchapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

 

(E)  Submittal of hearing notices to the Department of Natural Resources (DNR). City Clerk/Treasurer must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR Area Hydrologist.

 

(F)   Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of the action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR Area Hydrologist.

(Prior Code, § 611.10)

 

 

§ 151.210  NONCONFORMITIES.

 

(A)  A use, structure, or occupancy of land which was lawful before the passage or amendment of this subchapter, but which is not in conformity with the provisions of this subchapter, may be continued subject to the following conditions.

 

(B)  Historic structures, as defined this subchapter, are subject to the following provisions.

 

(1)   (a)   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B)(2) below.

 

(b)   Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited.

 

(2)   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP1 through FP4 flood-proofing classifications) allowable in the State Building Code, except as further restricted in division (B)(4) below.

 

(3)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subchapter.

 

(4)   If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of §§ 151.204 and 151.205 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

 

(5)   If any nonconformity is substantially damaged, as defined in this subchapter, it may not be reconstructed except in conformity with the provisions of this subchapter. The applicable provisions for establishing new uses or new structures in §§ 151.204 and 151.205 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

 

(6)   If any nonconforming use or structure experiences a repetitive loss, it must not be reconstructed except in conformity with the provisions of this chapter.

(Prior Code, § 611.11)

 

 

§ 151.211  AMENDMENTS.

 

(A)  Floodplain designation; restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

 

(B)  Amendments require DNR approval. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.

 

(C)  Map revisions require ordinance amendments. The Floodplain District regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 151.201(B).

 

(D)  Floodplain standards.

 

(1)   No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply, or sewage treatment facilities.

 

(2)   Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this subchapter.

 

(a)   All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

 

(b)   All subdivisions shall have water and sewage treatment facilities that comply with provisions of this chapter.

 

(c)   All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

 

(d)   1.    For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

 

2. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

 

(e)   Subdivision proposals must be reviewed to assure that:

 

1. All the proposals are consistent with the need to minimize flood damage within the flood-prone area;

 

2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

 

3. Adequate drainage is provided to reduce exposure of flood hazard.

(Prior Code, § 611.13)  Penalty, see § 10.99

 

 

 

                                                            SHORELAND DISTRICTS

 

 

§ 151.225  STATUTORY AUTHORIZATION AND POLICY.

 

(A)  Statutory authorization. This subchapter is adopted pursuant to the authorization and policies contained in M.S. Ch. 103F, as it may be amended from time to time, Minn. Regs. parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.

 

(B)  Policy. The uncontrolled use of shorelands of the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters, and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.

(Prior Code, § 612.01)

 

 

§ 151.226  GENERAL PROVISIONS AND DEFINITIONS.

 

(A)  Jurisdiction. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in this chapter. Pursuant to Minn. Regs. parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this subchapter.

 

(B)  Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, types and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this subchapter and other applicable regulations.

 

(C)  Enforcement. The city is responsible for the administration and enforcement of this subchapter. Any violation of the provisions of this subchapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this subchapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to this subchapter.

 

(D)  Interpretation. In their interpretation and application, the provisions of this subchapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

 

(E)  Severability. If any section, division, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected thereby.

 

(F)   Abrogation and greater restrictions. It is not intended by this subchapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail. All other chapters inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.

 

(G)  Definitions. Unless specifically defined below, words, or phrases used in this subchapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this subchapter its most reasonable application. For the purpose of this subchapter, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.

 

ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use that, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

 

BLUFF. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the BLUFF):

 

(a)   Part or all of the feature is located in a shoreland area;

 

(b)   The slope rises at least 25 feet above the ordinary high water level of the water body;

 

(c)   The grade of the slope from the toe of the BLUFF to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

 

(d)   The slope must drain toward the water body.

 

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

 

BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.

 

BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

 

COMMERCIAL PLANNED UNIT DEVELOPMENTS. Typically uses that provide transient, short‑term lodging spaces, rooms, or parcels and their operations are essentially service‑oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service‑oriented activities are COMMERCIAL PLANNED UNIT DEVELOPMENTS.

 

COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

 

COMMISSIONER. The Commissioner of the Department of Natural Resources.

 

CONDITIONAL USE. A land use or development as defined by this subchapter that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in this chapter exist, the use or development conforms to the Comprehensive Land Use Plan of the community, and the use is compatible with the existing neighborhood.

 

DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

 

DUPLEX, TRIPLEX, and QUAD. A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

 

DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

 

DWELLING UNIT. Any structure or portion of a structure, or other shelter designed as short‑ or long‑term living quarters for one or more persons, including rental or timeshare accommodations such as a motel, hotel, and resort rooms and cabins.

 

EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time.

 

FEEDLOT. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this subchapter, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be FEEDLOTS. Pastures shall not be considered FEEDLOTS under this subchapter.

 

FOREST LAND CONVERSION. The clear-cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

 

GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

 

HARDSHIP. The same as that term is defined in M.S. Ch. 462, as it may be amended from time to time.

 

HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

 

INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

 

INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

 

LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation.

 

LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.

 

NONCONFORMITY. Any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written if the official controls had been in effect prior to the date it was established, recorded, or authorized.

 

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

 

PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These DEVELOPMENTS may be organized and operated as condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

 

PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15 and 15(a), as they may be amended from time to time.

 

RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of residency is nontransient and the major or primary focus of the development is not service‑oriented. For example, residential apartments, manufactured home parks, time‑share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered RESIDENTIAL PLANNED UNIT DEVELOPMENTS. To qualify as a RESIDENTIAL PLANNED UNIT DEVELOPMENT, a development must contain at least five dwelling units or sites.

 

SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

 

SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

 

SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

 

SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in this subchapter.

 

SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

 

SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

 

SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by chapter on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner.

 

SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state’s archaeologist or the director of the state’s Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.

 

STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this subchapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, which are not bluffs.

 

STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

 

SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease, including planned unit developments.

 

SURFACE WATER‑ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of the use.

 

TOE OF THE BLUFF. The lower point of a 50-foot segment with an average slope exceeding 18%.

 

TOP OF THE BLUFF. The higher point of a 50-foot segment with an average slope exceeding 18%.

 

VARIANCE. The same as that term is defined or described in M.S. Ch. 394, as it may be amended from time to time, for counties or M.S. Ch. 462, as it may be amended from time to time, for municipalities.

 

WATER‑ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above-ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

 

WETLAND. A surface water feature classified as a WETLAND in the United States Fish and Wildlife Service Circular No. 39 (1971 edition).

(Prior Code, § 612.02)  Penalty, see § 10.99

 

 

§ 151.227  ADMINISTRATION.

 

(A)  Permits required.

 

(1)   A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by § 151.231(C). Application for a permit shall be made to the city on the forms provided. The application shall include the necessary information so that the city can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided.

 

(2)   A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by § 151.226(G), shall be reconstructed or replaced in accordance with the provisions of this subchapter.

 

(B)  Certificate of zoning compliance.

 

(1)   The city shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this subchapter. This certificate will specify that the use of land conforms to the requirements of this subchapter.

 

(2)   Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this subchapter and shall be punishable as provided this subchapter.

 

(C)  Variances.

 

(1)   (a)   Variances may only be granted in accordance with M.S. Ch. 394, as it may be amended from time to time, for counties or M.S. Ch. 462, as it may be amended from time to time, for municipalities, as applicable. A variance may not circumvent the general purposes and intent of this subchapter.

 

(b)   No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest.

 

(c)   In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year‑round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

 

(2)   The Board of Adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required below shall also include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

 

(3)   For existing developments, the application for a variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.

 

(D)  Notifications to the Department of Natural Resources.

 

(1)   Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

 

(2)   A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.

(Prior Code, § 612.03)  Penalty, see § 10.99

 

 

§ 151.228  SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS.

 

(A)  Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in Minn. Regs. part 6120.3300, and the Protected Waters Inventory Map for the county. The shoreland area for the water bodies listed below shall be as defined in § 151.226(G) and as shown on the Official Zoning Map.

 

(1)   Lakes.

 

(a)   Natural environment lakes. Lake Shady (Protected Waters Inventory I.D. #55‑005).

 

(b)   Recreational development lakes. None.

 

(c)   General development lakes. None.

 

(2)   Rivers and streams.

 

(a)   Remote rivers. None.

 

(b)   Forested rivers. None.

 

(c)   Transition rivers.

 

Name	From			To
	Section	Town	Range	Section	Town	Range
Middle Fork Zumbro River	3	108	15	12	108	15
Middle Fork Zumbro River	17	108	14	15	108	14
S Branch Middle Fork Zumbro River	18	107	15	8	107	15

 

(d)   Agricultural rivers.

 

Name	From			To
	Section	Town	Range	Section	Town	Range
S Branch Middle Fork Zumbro River	8	107	15	18	108	14

 

(e)   Urban rivers. None.

 

(f)   Tributary streams. All protected watercourses in the city shown on the Protected Waters Inventory Map for the county, a copy of which is hereby adopted by reference, not given a classification in divisions (A)(2)(a) through (A)(2)(e) above shall be classified as tributary streams.

 

Name	From			To
	Section	Town	Range	Section	Town	Range
Unnamed SFZR	20	108	13	23	108	14
Unnamed SFZR	29	108	14	14	108	14
Unnamed ZR	7	108	13	11	108	14

 

(B)  Criteria for designation. The land use districts in §§ 151.225 through 151.239, 4.22, and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the Comprehensive Land Use Plan (when available) and the following criteria, considerations, and objectives:

 

(1)   General considerations and criteria for all land uses.

 

(a)   Preservation of natural areas;

 

(b)   Present ownership and development of shoreland areas;

 

(c)   Shoreland soil types and their engineering capabilities;

 

(d)   Topographic characteristics;

 

(e)   Vegetative cover;

 

(f)   In‑water physical characteristics, values, and constraints;

 

(g)   Recreational use of the surface water;

 

(h)   Road and service center accessibility;

 

(i)    Socioeconomic development needs and plans as they involve water and related land resources;

 

(j)    The land requirements of industry which, by its nature, requires location in shoreland areas; and

 

(k)   The necessity to preserve and restore certain areas having significant historical or ecological value.

 

(2)   Factors and criteria for planned unit developments.

 

(a)   Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

 

(b)   Physical and aesthetic impacts of increased density;

 

(c)   Suitability of lands for the planned unit development approach;

 

(d)   Level of current development in the area; and

 

(e)   Amounts and types of ownership of undeveloped lands.

 

(C)  Land use district descriptions.

 

(1)   The land use districts provided below, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the Official Zoning Map for the shorelands of this community;

 

(2)   These land use districts are in conformance with the criteria specified in Minn. Regs. part 6120.3200, subd. 3;

 

(3)   Land use districts for lakes:

 

	General Development Lakes	Recreational Development Lakes	Natural Environment Lakes
(1) Special Protection District: Uses
Agricultural: cropland and pasture	P	P	P
Agricultural feedlots	C	C	C
Extractive use	C	C	C
Forest management	P	P	P
Mining of metallic minerals and peat	P	P	P
Parks and historic sites	C	C	C
Sensitive resource management	P	P	P
Single residential	C	C	C
(2) Residential District: Uses
Duplex, triplex, quad residential	P	P	C
Extractive use	C	C	C
Forest management	P	P	P
Mining of metallic minerals and peat	P	P	P
Parks and historic sites	C	C	C
Semipublic	C	C	C
Single residential	P	P	P
(3) High-Density Residential District: Uses
Duplex, triplex, quad residential	P	P	P
Forest management	P	P	P
Residential planned unit developments	C	C	C
Parks and historic sites	C	C	C
Semipublic	C	C	C
Single residential	P	P	P
Surface water-oriented commercial*	C	C	C
(4) Water-Oriented Commercial District: Uses
Commercial planned unit development**	C	C	C
Forest management	P	P	P
Parks and historic sites	C	C	C
Public, semipublic	C	C	C
Surface water-oriented commercial	P	P	C
(5) General Use District: Uses
Commercial	P	P	C
Commercial planned unit development**	C	C	C
Extractive use	C	C	C
Forest management	P	P	P
Industrial	C	C	N
Mining of metallic minerals and peat	P	P	P
Parks and historic sites	C	C	C
Public, semipublic	P	P	C
NOTES: *As accessory to a residential planned unit development **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of this chapter are satisfied

 

(4)   Land use districts for rivers and streams:

 

	Remote	Forested	Transition	Agricultural	Urban	Tributary
(1) Special Protection District: Uses
Agricultural: cropland and pasture	P	P	P	P	P	P
Agricultural feedlots	C	C	C	C	C	C
Extractive use	C	C	C	C	C	C
Forest management	P	P	P	P	P	P
Mining of metallic minerals and peat	P	P	P	P	P	P
Parks and historic sites	C	C	C	C	C	C
Sensitive resource management	P	P	P	P	P	P
Single residential	C	C	C	C	C	C
(2) Residential District: Uses
Duplex, triplex, quad residential	C	C	C	C	P	C
Extractive use	C	C	C	C	C	C
Forest management	P	P	P	P	P	P
Mining of metallic minerals and peat	P	P	P	P	P	P
Parks and historic sites	C	C	C	C	C	P
Semipublic	C	C	C	C	C	P
Single residential	P	P	P	P	P	P
(3) High-Density Residential District: Uses
Duplex, triplex, quad residential	P	P	P	P	P	P
Forest management	P	P	P	P	P	P
Parks and historic sites	C	C	C	C	C	C
Residential planned unit developments	C	C	C	C	C	C
Semipublic	C	C	C	C	C	C
Single residential	P	P	P	P	P	P
Surface water-oriented commercial*	C	C	C	C	C	C
(4) Water-Oriented Commercial District: Uses
Commercial planned unit development*	C	C	C	C	C	C
Forest management	P	P	P	P	P	P
Parks and historic sites	C	C	C	C	C	C
Public, semipublic	C	C	C	P	P	P
Surface water-oriented commercial	C	C	C	C	C	C
(5) General Use District: Uses
Commercial	C	C	C	C	P	C
Commercial planned unit development**	C	C	C	C	C	C
Extractive use	C	C	C	C	C	C
Forest management	P	P	P	P	P	P
Industrial	N	C	N	N	C	C
Mining of metallic minerals and peat	P	P	P	P	P	P
Parks and historic sites	C	C	C	C	C	C
Public, semipublic	C	C	C	C	P	C
NOTES: *As accessory to a residential planned unit development **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of this chapter are satisfied

 

(D)  Use and upgrading of inconsistent land use districts.

 

(1)   Any land use districts adopted by the city prior to the adoption of this subchapter that are not consistent with the land use district designation criteria specified herein may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning Map.

 

(2)   When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply.

 

(a)   For lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this subchapter on the lake must be revised to make them substantially compatible with the framework in this subchapter.

 

(b)   For rivers and streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this subchapter must be revised to make them substantially compatible with the framework in this subchapter. If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of two and one-half miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised.

 

(3)   When an interpretation question arises about whether a specific land use fits within a given “use” category, the interpretation shall be made by the Board of Adjustment. When a question arises as to whether a land use district’s boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the city.

 

(4)   (a)   When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question.

 

(b)   The City Council will direct the City Clerk/Treasurer to provide such additional information for this water body as is necessary to satisfy items A and B.

 

(5)   The city must make a detailed finding of fact and conclusion when taking final action that this revision and the upgrading of any inconsistent land use district designations on the water body are consistent with the enumerated criteria and use provisions of this subchapter.

(Prior Code, § 612.04)

 

 

§ 151.229  PHYSICAL LIMITATIONS.

 

(A)  Lot area and width regulations.

 

(1)   (a)   Each unsewered lot shall have a lot area of not less than two acres, except when additional lot area is required by the County Planning Department to meet the well and septic requirements.

 

(b)   In addition, the following lot width requirements must be met.

 

1. Natural environment lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	80,000	200	80,000	200
Duplex	120,000	300	160,000	400
Triplex	160,000	400	240,000	600
Quad	200,000	500	320,000	800

 

2. Recreational development lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	40,000	150	40,000	150
Duplex	80,000	225	80,000	265
Triplex	120,000	300	120,000	375
Quad	160,000	375	160,000	490

 

3. General development lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	20,000	100	40,000	150
Duplex	40,000	180	80,000	265
Triplex	60,000	260	120,000	375
Quad	80,000	340	160,000	490

 

(2)   Each lot in areas served by a public or centralized sewage collection and treatment system shall have a lot area and width of not less than the following.

 

(a)   Natural environment lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	40,000	125	20,000	125
Duplex	70,000	225	35,000	220
Triplex	100,000	325	52,000	315
Quad	130,000	425	65,000	410

 

(b)   Recreational development lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	20,000	75	15,000	75
Duplex	35,000	135	26,000	135
Triplex	50,000	195	38,000	190
Quad	65,000	255	49,000	245

 

(c)   General development lake.

 

	Riparian Lot		Non-Riparian Lot
Dwelling Type	Area (Square Feet)	Width (Feet)	Area (Square Feet)	Width (Feet)
Single	15,000	75	10,000	75
Duplex	26,000	135	17,500	135
Triplex	38,000	195	25,000	190
Quad	49,000	255	32,500	245

 

(3)   (a)   River/stream segments must meet the underlying zoning district lot area requirements.

 

(b)   In addition, the following lot width standards must be met.

 

Dwelling Type	Remote	Forested	Transition	Agricultural	Urban	Tributary
Single	300 feet	200 feet	250 feet	150 feet	100 feet	75 feet
Duplex	450 feet	300 feet	375 feet	225 feet	150 feet	115 feet
Triplex	600 feet	400 feet	500 feet	300 feet	200 feet	150 feet
Quad	750 feet	500 feet	625 feet	375 feet	250 feet	190 feet

 

(B)  Additional special provisions.

 

(1)   Residential subdivisions with dwelling unit densities exceeding those in the tables in § 151.237(E)(2)(b) and (E)(3)(b) can only be allowed if designed and approved as residential planned unit developments under § 11.013. Only land above the ordinary high water level of public waters 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. The sewer lot area dimensions in § 151.237(E)(2)(b) can only be used if publicly owned sewer system service is available to the property.

 

(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 building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

 

(c)   Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

 

(d)   No more than 25% of a lake’s shoreline can be in duplex, triplex, or quad developments.

 

(3)   One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in § 151.237(D)(1), (E)(2)(b), and (E)(3)(b), provided the following standards are met:

 

(a)   For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex‑sized lot that could be created including the principal dwelling unit;

 

(b)   A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and

 

(c)   A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf‑on conditions.

 

(4)   Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots may be platted as outlots. These lots do not need to meet the applicable lot area requirements; however, they must meet the minimum lot width standards set forth in this subchapter.

(Prior Code, § 612.05)

 

 

§ 151.230  PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURES.

 

(A)  Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.

 

(1)   Structure and on-site sewage system setbacks (in feet) from ordinary high water level. One water-oriented accessory structure designed in accordance with the provisions of § 151.205(B)(2) may be set back a minimum distance of ten feet from the ordinary high water level.

 

Class of Public Water	Structures		Sewage Treatment System
	Unsewered	Sewered
Lakes
General Development	75 feet	50 feet	50 feet
Natural Environment	150 feet	150 feet	150 feet
Recreational Development	100 feet	75 feet	75 feet
Rivers
Agriculture, Urban and Tributary	100 feet	50 feet	75 feet
Forested and Transition	150 feet	150 feet	100 feet
Remote	200 feet	200 feet	150 feet

 

(2)   Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body.

 

Setback from:	Setback (in feet)
Right‑of‑way line of federal, state, or county highway; and	50
Right‑of‑way line of town road, public street, or other roads or streets not classified	20
Top of bluff	30
Unplatted cemetery	50

 

(3)   Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

 

(4)   Uses without water‑oriented needs. Uses without water‑oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf‑on conditions.

 

(B)  Design criteria for structures.

 

(1)   High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:

 

(a)   For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;

 

(b)   1.    For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available.

 

2. If data is not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation.

 

3. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minn. Regs. parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and

 

(c)   Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation, and if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

 

(2)   Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in § 151.205 if this water-oriented accessory structure complies with the following provisions.

 

(a)   The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point.

 

(b)   The setback of the structure or facility from the ordinary high water level must be at least ten feet.

 

(c)   The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf on conditions.

 

(d)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.

 

(e)   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

 

(f)   As an alternative for general development and recreational development water bodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

 

(3)   Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.  Stairways and lifts must meet the following design requirements.

 

(a)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties or public open space recreational properties.

 

(b)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties or public open space recreational properties.

 

(c)   Canopies or roofs are not allowed on stairways, lifts, or landings.

 

(d)   Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

 

(e)   Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer leaf on conditions, whenever practical.

 

(f)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (B)(1) through (B)(5) are complied with in addition to the requirements of Minn. Regs. Ch. 1340.

 

(4)   Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.

 

(5)   Steep slopes.

 

(a)   The City Clerk/Treasurer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes.

 

(b)   When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer leaf on vegetation.

 

(6)   Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures must not exceed 25 feet in height.

(Prior Code, § 612.06)  Penalty, see § 10.99

 

 

§ 151.231  SHORELAND ALTERATIONS.

 

(A)  Alteration regulations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

 

(B)  Vegetation alterations.

 

(1)   Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 151.207 are exempt from the vegetation alteration standards that follow.

 

(2)   Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in § 151.234(B) and (C) is allowed subject to the following standards:

 

(a)   Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located; and

 

(b)   In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

 

1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer leaf on conditions, is not substantially reduced;

 

2. Along rivers, existing shading of water surfaces is preserved; and

 

3. The above provisions are not applicable to the removal of tree limbs, or branches that are dead, diseased, or pose safety hazards.

 

(C)  Topographic alterations/grading and filling.

 

(1)   Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of the above-mentioned items.

 

(2)   Public roads and parking areas are regulated by this chapter.

 

(3)   Notwithstanding items divisions (C)(1) and (C)(2) above, a grading and filling permit will be required for:

 

(a)   The movement of more than ten cubic yards of material on steep slopes and shore and bluff impact zones; and

 

(b)   The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

 

(4)   The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:

 

(a)   Grading or filling within any wetland area must meet the applicable requirements of the State Wetlands Conservation Act;

 

(b)   Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

 

(c)   Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

 

(d)   Methods to minimize erosion and to trap sediments before they reach any surface water feature must be used;

 

(e)   Altered areas must be stabilized to acceptable erosion control standards consistent with Protecting Water Quality in Urban Areas by the State Pollutions Control Agency;

 

(f)   Fill or excavated material must not be placed in a manner that creates an unstable slope;

 

(g)   Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;

 

(h)   Fill or excavated materials must not be placed in bluff impact zones;

 

(i)    Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time;

 

(j)    Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

 

(k)   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

 

(5)   Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

(Prior Code, § 612.07)

 

 

§ 151.232  PLACEMENT AND DESIGN OF ROAD, DRIVEWAYS, AND PARKING AREAS.

 

(A)  Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Construction of roads and parking areas must be designed and constructed to minimize and control erosion to public waters consistent with the provisions of this subchapter.

 

(B)  Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.

 

(C)  Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subchapter are met.

(Prior Code, § 612.08)

 

 

§ 151.233  STORMWATER MANAGEMENT.

 

(A)  General standards.

 

(1)   When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

 

(2)   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible.

 

(3)   When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as dikes, diversion, settling basins, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and human-made materials and facilities.

 

(B)  Specific standards.

 

(1)   Impervious surface coverage of lots must not exceed 25% of the lot area.

 

(2)   When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the local soil and water conservation district guidelines.

 

(3)   New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(Prior Code, § 612.09)

 

 

§ 151.234  SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC, SEMIPUBLIC, AGRICULTURAL, FORESTRY, EXTRACTIVE, AND MINING USES.

 

(A)  Standards for commercial, industrial, public, and semipublic uses.

 

(1)   Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on lots or parcels with frontage on public waters.

 

(2)   Those uses with water-oriented needs must meet the following standards.

 

(a)   In addition to meeting the impervious coverage limits, setbacks, and other zoning district standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

 

(b)   Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

 

(c)   Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards.

 

1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.

 

2. Signs may be placed when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

 

3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

 

4. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf on conditions.

 

(B)  Agricultural use standards.

 

(1)   General farming and related activities are permitted if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan from the local soil and water conservation district. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

 

(2)   Animal feedlots must meet the following standards:

 

(a)   New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins; and

 

(b)   Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

 

(C)  Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the State Nonpoint Source Pollution Assessment‑Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota.”

 

(D)  Extractive use standards.

 

(1)   Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

 

(2)   Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

 

(E)  Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as they may be amended from time to time, shall be a permitted use provided the provisions of M.S. §§ 93.44 to 93.51, as they may be amended from time to time, are satisfied.

(Prior Code, § 612.10)

 

 

§ 151.235  WATER SUPPLY AND SEWAGE TREATMENT.

 

(A)  Water supply. The water supply shall meet all applicable requirements of the State Department of Health and the State Pollution Control Agency.

 

(B)  Sewage treatment.

 

(1)   Any premises used for human occupancy must be provided with an adequate method of treating the sewage that is generated on the premises.

 

(2)   Treatment shall be provided as follows.

 

(a)   Publicly owned sewage treatment systems shall be used where available.

 

(b)   All new individual sewage treatment systems, including repairs or additions to existing systems, shall meet or exceed the requirements of the State Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Minn. Rules Ch. 7080,” a copy of which is hereby adopted by reference and declared to be a part of this subchapter.

 

(3)   A new individual sewage treatment system, including repairs or additions to existing systems, shall be set back from the ordinary high water level in accordance with the setbacks contained in this subchapter.

 

(4)   (a)   All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in divisions (B)(1) through (B)(4).

 

(b)   If the determination of a site’s suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on‑site field investigations.

 

(5)   Evaluation criteria:

 

(a)   Depth to the highest known or calculated groundwater table or bedrock;

 

(b)   Soil conditions, properties, and permeability;

 

(c)   Slope; and

 

(d)   The existence of lowlands, local surface depressions, and rock outcrops.

 

(6)   Nonconforming individual sewage treatment systems shall be regulated and upgraded in accordance with this subchapter.

(Prior Code, § 612.11)

 

 

§ 151.236  SUBDIVISION/PLATTING PROVISIONS.

 

(A)  Land suitability. Each lot created through subdivision, including planned unit developments authorized under this subchapter, must be suitable in its natural state for the proposed use with minimum alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the subdivision or of the community.

 

(B)  Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in the official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with this subchapter can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of this subchapter, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

 

(C)  Information requirements.

 

(1)   Sufficient information must be submitted by the applicant for the city to make a determination of land suitability.

 

(2)   The information should include at a minimum:

 

(a)   Topographic contours at ten‑foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;

 

(b)   The surface water features required in M.S. § 505.021, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

 

(c)   Adequate soils information to determine suitability for building and on‑site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

 

(d)   Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

 

(e)   Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

 

(f)   A line or contour representing the ordinary high water level, the “toe” and “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

 

(D)  Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

 

(E)  Platting. All subdivisions that create five or more lots or parcels that are two and one-half acres or less in size shall be processed as a plat in accordance with M.S. Ch. 505, as it may be amended from time to time. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision.

 

(F)   Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in this subchapter.

(Prior Code, § 612.12)  Penalty, see § 10.99

 

 

§ 151.237  PLANNED UNIT DEVELOPMENTS.

 

(A)  Types of PUDs permissible. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in §§ 151.227 through 151.234 and the official zoning map.

 

(B)  Processing of PUDs.

 

(1)   Planned unit developments must be processed as a conditional use, except that an expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date this subchapter was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in § 11.011.5.

 

(2)   Approval cannot occur until the environmental review process (EAW/EIS) is complete.

 

(C)  Application for a PUD. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:

 

(1)   A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten‑foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two;

 

(2)   A property owner’s association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of this subchapter;

 

(3)   Deed restrictions, covenants, permanent easements or other instruments that:

 

(a)   Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

 

(b)   Ensure the long‑term preservation and maintenance of open space in accordance with the criteria and analysis specified in this subchapter.

 

(4)   When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied; and

 

(5)   Those additional documents as requested by the city that are necessary to explain how the PUD will be designed and will function.

 

(D)  Site “suitable area” evaluation. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in this subchapter.

 

(1)   The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward.

 

Shoreland Tier Dimensions	Unsewered (feet)	Sewered (feet)
All river classes	300	300
General development lakes: first tier	200	200
General development lakes: second and additional tiers	267	200
Natural environment lakes	400	320
Recreational development lakes	267	267

 

(2)   The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

 

(E)  Residential and commercial PUD density evaluation. The procedures for determining the “base” density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer.

 

(1)   Residential PUD “base” density evaluation. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analyses herein and the design criteria in this subchapter.

 

(2)   Commercial PUD “base” density evaluation.

 

(a)   Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, porches, or basements unless they are habitable space.

 

(b)   Select the appropriate floor area ratio from the following table:

 

1. Commercial planned unit development;

 

2. Floor area ratios;* and

 

3. Public waters classes.

 

*Average Unit Floor Area (Square Feet)	Sewered General Development Lakes; First Tier on Unsewered General Development Lakes; Urban, Agricultural, Tributary River Segments	Second and Additional Tiers on Unsewered General Development Lakes; Recreational Development Natural Lakes; Environment Transition and Lakes and Forested River Segments	Remote River Segments
200	.040	.020	.010
300	.048	.024	.012
400	.056	.028	.014
500	.065	.032	.016
600	.072	.038	.019
700	.082	.042	.021
800	.091	.046	.023
900	.099	.050	.025
1,000	.108	.054	.027
1,100	.116	.058	.029
1,200	.125	.064	.032
1,300	.133	.068	.034
1,400	.142	.072	.036
1,500	.150	.075	.038
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

 

(c)   Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

 

(d)   Divide the total floor area by tier computed above by the average inside living area size determined above. This yields a base number of dwelling units and sites for each tier.

 

(e)   Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density, and suitability analyses herein and the design criteria in this subchapter.

 

(3)   Density increase multipliers.

 

(a)   Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards are met or exceeded and the design criteria in this subchapter are satisfied. The allowable density increases below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.

 

(b)   Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments.

 

Density Evaluation Tiers	Maximum Density Increase Within Each Tier (Percent)
First	50
Second	100
Third	200
Fourth	200
Fifth	200

 

(F)   Maintenance and design criteria.

 

(1)   Maintenance and administration requirements.

 

(a)   Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

 

(b)   Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long‑term preservation and maintenance of open space. The instruments must include all of the following protections:

 

1. Commercial uses prohibited (for residential PUDs);

 

2. Vegetation and topographic alterations other than routine maintenance prohibited;

 

3. Construction of additional buildings or storage of vehicles and other materials prohibited; and

 

4. Uncontrolled beaching of watercraft prohibited.

 

(c)   Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features:

 

1. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;

 

2. Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites;

 

3. Assessments must be adjustable to accommodate changing conditions; and

 

4. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

 

(2)   Open space requirements. Planned unit developments must contain open space meeting all of the following criteria:

 

(a)   At least 50% of the total project area must be preserved as open space;

 

(b)   Dwelling units or sites, road rights‑of‑way, or land covered by road surfaces, parking areas, or structures, except water‑oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;

 

(c)   Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

 

(d)   Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

 

(e)   Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;

 

(f)   Open space must not include commercial facilities or uses, but may contain water‑oriented accessory structures or facilities;

 

(g)   The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and

 

(h)   The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.

 

(3)   Erosion control and stormwater management. Erosion control and stormwater management plans must be developed and the PUD must:

 

(a)   Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

 

(b)   Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area, except that for commercial PUDs 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with this subchapter.

 

(4)   Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards:

 

(a)   Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On‑site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the State Department of Health and this chapter. On‑site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system;

 

(b)   Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with this subchapter for developments with density increases;

 

(c)   Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

 

(d)   Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer leaf on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided;

 

(e)   Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized; and

 

(f)   Water‑oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in this subchapter and are centralized.

 

(G)  Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met.

 

(1)   Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.

 

(2)   Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.

 

(3)   Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

 

(a)   Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

 

(b)   Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and

 

(c)   If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

 

(4)   Existing dwelling unit or dwelling site densities that exceed standards in this code may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

 

 (H) Conditional uses.

 

(1)   Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community wide.

 

(2)   The following additional evaluation criteria and conditions apply within shoreland areas.

 

(a)   Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:

 

1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

 

2. The visibility of structures and other facilities as viewed from public waters is limited;

 

3. The site is adequate for water supply and on‑site sewage treatment; and

 

4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

 

(b)   Conditions attached to conditional use permits. The city, upon consideration of the criteria listed above and the purposes of this subchapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this subchapter. The conditions may include, but are not limited to, the following:

 

1. Increased setbacks from the ordinary high water level;

 

2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

 

3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(Prior Code, § 612.13)

 

 

§ 151.238  NONCONFORMITIES WITHIN SHORELAND AREAS.

 

(A)  Construction on nonconforming lots of record. All legally established nonconformities as of the date of this subchapter may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas.

 

 (1)  Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the minimum lot area and width standards of the underlying zoning district may be allowed as buildable lots, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements are met.

 

(2)   A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

 

(3)   If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the underlying zoning district lot area and width standards, the lot must not be considered as a separate parcel of land for sale or purposes of development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the lot area and width standards to the extent possible.

 

(B)  Additions/expansions to nonconforming structures.

 

(1)   All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback and height requirements of this subchapter. Any deviation from these requirements must be authorized by a variance pursuant to this subchapter.

 

(2)   Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met.

 

(a)   The structure existed on the date the structure setbacks were established.

 

(b)   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.

 

(c)   The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.

 

(d)   The deck is constructed primarily of wood and is not roofed or screened.

 

(C)  Nonconforming sewage treatment systems.

 

(1)   An existing individual sewage treatment system which is nonconforming according to Minn. Rules Ch. 7080 (and amendments thereto), shall be upgraded to meet the requirements of County Public Health Regulation #41, and amendments thereto. Upgrading shall occur, at a minimum, any time a permit or variance of any type is required for any improvement on, or use of, the property.

 

(2)   For the purposes of this section, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.

 

(3)   The city will implement a notification or education program that is oriented toward convincing substantial numbers of property owners to evaluate their sewage treatment systems and voluntarily upgrade the sewage treatment system, if nonconforming.

 

(4)   Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. Ch. 103F, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the State Pollution Control Agency’s Ch. 7080 for design of on‑site sewage treatment systems, shall be considered nonconforming.

(Prior Code, § 612.14)

 

 

§ 151.239  NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES.

 

(A)  Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

 

(B)  A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.

(Prior Code, § 612.15)