(A) Purpose.
(1) This section is intended to control development along the Mississippi River in areas which, prior to their annexation, were subject to the county’s Mississippi Headwaters Ordinance.
(2) This section is intended to regulate the lot area, length of lot, lot width at the waterline, setback of structures, sewage treatment systems, structure height and to protect the quality of the Mississippi River and shorelines, its vegetation, soils, water quality, floodplain areas and geology; and to regulate alterations of the shoreland vegetation and topography; maintain property values and prevent uncontrolled or poorly planned development; protect and conserve the historic, recreational, archaeological, cultural, fish and wildlife resources of the Mississippi River and adjacent lands.
(3) This section is also intended to comply with M.S. § 103F.221, Municipal Shoreland Management, as it may be amended from time to time, and regulations promulgated pursuant thereto, and intended to comply with M.S. §§ 103F.361 to 103F.377, as they may be amended from time to time.
(B) General provisions.
(1) The segment of the Mississippi River flowing through the city is classified by the Mississippi Headwaters Board as “scenic”. The scenic classification has a corridor width of 500 feet from both sides of the Mississippi River.
(2) This overlay shall apply to all lands within the jurisdiction of city shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Mississippi Headwaters Overlay District (MH). The district boundaries are generally defined as including the land area starting from the ordinary high-water mark (OHW) of the Mississippi River and proceeding landward 500 feet.
(3) All lands falling within the designated Mississippi Headwaters Corridor that are annexed into the city after the effective date of this chapter shall thereafter be governed by the standards and provisions of this overlay district.
(4) No structure or land shall be used within the MHB Overlay, except those uses and accessory uses permitted within the MHB Overlay.
(C) Building standards for the Mississippi Headwaters Corridor for lots of record in the office of the County Recorder as of 1-1-1981.
(1) Minimum setbacks and lot widths for lots of record in the office of the County Recorder as of 1-1-1981, within any zoning classification in the Mississippi Headwaters Corridor:
Lot width at OHW and building line | 150 feet |
Maximum impervious coverage | 25% |
Maximum structure height, except churches | 25 feet |
Structure setback from OHW | 100 feet |
Structure setback from top of bluff | 30 feet |
(2) Annexed property shall be serviced by city sewer and water systems immediately upon annexation.
(3) Where there is a conflict between setback requirements within this section, the most restrictive setback requirements shall apply.
(4) Conditional use permits for substandard lots of record as of 1-1-1981 in any zoning district in the Mississippi Headwaters Corridor.
(a) Lots of record in the office of the County Recorder as of 1-1-1981, which do not meet the requirements of this section, may be allowed as building sites if the use if allowed within the underlying zoning district; the lot has been in single and separate ownership for abutting lands at all times since 1-1-1981; was created compliant with official controls in effect at the time; and sewage treatment and setback requirements of shoreland control were met.
(b) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the 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 requirements of this section.
(c) Additions to structures on substandard lots of record in the office of the County Recorder as of 1-1-1981 may be permitted under a conditional use permit.
(d) Substandard lots may be used as a building site under a conditional use permit; however conditional use permits for substandard lots are not permitted if they increase the non-conformity of the lot. Conditional use permits shall not be granted for any land that is designated as wetlands.
(e) In granting a conditional use permit, the Planning Commission shall give consideration to the following:
1. Mitigation of impacts to water quality and the environment;
2. Storm water management including direction and flow of drainage and storm water retention areas;
3. Connection to city sewer and water systems is required;
4. Preparation of a natural landscape protection plan which shows, among other things, shoreline restoration, side yard plantings, reduction in tree removal; and
5. Shoreline maintenance plan which is approved by the state’s Department of Natural Resources (DNR) or which is composed exclusively of plantings approved by the state’s DNR.
(D) Minimum standards for new plats or subdivisions of existing lots of record in the office of the County Recorder as of 1-1-1981. Minimum standards for new plats or subdivisions of existing lots of record in the office of the County Recorder as of 1-1-1981 shall be one acre, excluding wetlands. City sewer and water systems must be utilized where available.
(1) The minimum lot requirements for a new plat or subdivision of an existing lot of record in the office of the County Recorder as of 1-1-1981, in addition to a 50-foot vegetative buffer zone extending landward from the OHW:
Lot size, buildable area, acres, minimum | 1 |
Lot width at OHW and building line | 125 feet |
Maximum impervious coverage | 25% |
Maximum structure height, except churches | 25 feet |
Structure setback from OHW | 100 feet |
Structure setback from top of bluff | 30 feet |
(2) A natural landscape protection plan and storm water management plan must be prepared and approved in connection with any new development. A natural landscape protection plan must be designed with native vegetation to ensure bank stability, provide natural migration corridors for wildlife, birds and insects, as well as shading for fish habitat.
(3) New subdivisions governed by this section will be encouraged to include a system of trails and open space of at least 10% that will enhance the ability of the public to view and enjoy the Mississippi River and will provide connections to other open spaces and trails in the area and will be incorporated into the storm water management plan. Use of wetlands to enhance trails and open spaces will also be encouraged. Retention ponds are required for storm water runoff to the Mississippi River.
(E) Minimum standards for all Mississippi Headwaters Corridor Zoning Districts.
(1) Natural Landscape Protection Plan (NLPP). Before issuing a permit for expansion of a structure or new construction, a natural landscape protection plan shall be submitted to and approved by the city in compliance with this section. Criteria for the NLPP includes considerations for soil types, vegetation removal/restoration, erosion control before, during and after construction, the construction and maintenance of the 50-foot vegetative buffer.
(2) Significant cultural sites.
(a) Unplatted cemetery. No structure shall be placed nearer than 50 feet from the boundary of an unplatted cemetery or of a significant cultural site protected under M.S. § 307.08, as it may be amended from time to time.
(b) Significant cultural sites. No structure shall be placed on a significant cultural site in a manner that affects the value of the site unless adequate information about the site has been recovered and documented in a public repository as determined by the city and the state’s Historical Society.
(c) Review for presence of significant cultural sites. All zoning actions within the MHB Overlay District will be reviewed for the presence of significant historical or cultural sites. Thirty days’ notice will be made to the state’s Historical Society of pending development on or near significant cultural sites.
(3) Bluff impact zone. Structures and accessory structures or facilities, except stairways, lifts and landings, shall not be placed within bluff impact zones or shore impact zones.
(4) Steep slopes. Before issuing a permit for the construction of roads, driveways, structures or other improvements on steep slopes, the slope must be evaluated for possible soil erosion impacts and development visibility from public waters. The city will impose conditions to prevent erosion, preserve existing vegetative screening of structures, assuming summer leaf-on vegetation, as cost effective preventative measures to maintain the river amenity and decrease the cited contamination in this stretch for turbidity, threat to aquatic life, swimming and other potentially harmful results of poor management practices. No excavation shall be made between the building line and the water.
(5) Stairways, lifts and landings.
(a) Stairway and lift width. Stairways and lifts shall not exceed four feet in width on residential zoned lots. Wider stairways may be used for resort properties, public open space and recreational properties.
(b) Landing area. Landings for stairways and lifts on residential zoned lots shall not exceed 32 square feet in area.
(c) Construction requirements. Stairways, lifts and landings may be either placed into the ground or constructed above the ground on posts or pilings; provided that, they are designed and built in a manner that ensures control of soil erosion.
(d) Visibility minimized. Stairways, lifts and landings shall be located to minimize their visibility from public waters, assuming summer, leaf-on conditions.
(e) Canopies or roofs. Canopies or roofs are not allowed on stairways, lifts or landings.
(f) Handicap access. Facilities that provide access to shore areas for physically disabled persons are allowed; provided that, the dimensional and performance standards of this section are met.
(6) Decks. Decks not meeting the minimum structure setback requirement existing on 1-1-1981, may be added to; provided, the following criteria are met:
(a) The deck encroachment toward the ordinary high water mark does not exceed 15% of the existing shoreline setback from the ordinary high water mark or does not encroach closer than 30 feet, whichever is more restrictive; and
(b) The deck is constructed primarily of untreated wood and is not roofed or screened.
(7) Commercial and industrial uses.
(a) No new commercial, business or industrial uses shall be permitted within any Mississippi Headwaters Zoning District, except for home occupations permitted by conditional use permit, and congregate living or foster care homes permitted by law. Home occupations must be of a nature that does not threaten water quality (i.e., salvage yards, automotive repair or other uses where potential for hazardous spills may permeate sandy soils and migrate to river waters). No waste oil pits or below ground storage, or above ground storage of potentially harmful measures are allowed, nor home occupations where these substances may be used or stored, nor any other uses which may not further the goals of the Mississippi River Headwaters Plan.
(b) Non-conforming commercial, business or industrial uses in existence prior to their incorporation into any Mississippi Headwaters Zoning District may be continued. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. The City Council shall consider whether any detrimental impacts to water quality and the environment can be mitigated. In considering mitigation, the Council shall consider such factors as the direction of gutters to storm sewers, limitation of direct drainage into the Mississippi River, side yard plantings, reduction of tree removal, correction of a failing individual sewage treatment system, decrease in impervious area on site, shoreline maintenance pursuant to a plan approved by the Department of Natural Resources or plantings approved by the Department of Natural Resources to approve fish or wildlife habitat.
(8) Municipal services city ordinance provisions. All lands within any Mississippi Headwaters Zoning District shall be subject to the city ordinance provisions relating to the public water service and public sewerage service shall be serviced by city sewer and water systems.
(9) Docks. Docks may be built in compliance with the state’s Department of Natural Resources regulations.
(10) Maintenance. A maintenance regime for structures and roads in subdivisions, with financial assurances as needed, is required.
(F) Natural landscape protection plan.
(1) Requirement:
(a) To protect water quality and prevent shoreline erosion, a natural landscape protection plan shall be completed and reviewed, consistent with the provisions of this section; and
(b) All existing structures are required to construct or maintain a minimum of a ten-foot natural vegetative buffer.
(2) The purpose of a natural landscape protection plan is to:
(a) Retain or recreate original hydrologic conditions by minimizing use of pavements and impervious surfaces and retaining original runoff volume and velocities;
(b) Confine development and construction activities to the least critical areas by avoiding critical areas such as long, steep slopes, erodible soils and fragile vegetation;
(c) Fit development to terrain;
(d) Preserve and utilize the natural drainage system;
(e) Maintain a minimum of 50-foot chemically untreated vegetative buffer zone at the water's edge, as required in this section;
(f) Alteration of vegetation and topography should be limited to prevention of erosion into public waters, fixation of nutrients, stabilization of shorelines, preservation of historic, archeological or cultural values, prevention of bank slumping, protection of fish and wildlife habitat and conservation of natural resources; and
(g) The landscape plan should 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 and facilities or methods used to retain sediment on site.
(G) Storm water management plans in Mississippi Headwaters Corridor.
(1) Consideration. Proper storm water management must be considered in all reviews, approvals and permits related to this section. A storm water management plan shall be submitted with any application.
(2) Review provisions. The following provisions shall be considered in reviewing proper storm water management.
(a) Natural features to be used. Existing natural drainage ways, wetlands and vegetated soils must be used to convey, store, filter and retain storm water runoff before discharge to public waters.
(b) Constructed facilities may be used. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such a diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made material and facilities. Holding structures must be designed and approved by a licensed engineer.
(c) Minimize disturbance. 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 and facilities or methods used to retain sediment on site.
(d) New development or expanded development. New development must meet the following standards.
1. Impervious surface coverage of the lot must not exceed 15% of total area.
2. Facilities constructed for storm water management must be consistent with the Department of Natural Resources field office technical guide, which is located at the county’s Soil and Water Conservation Service District Office.
3. Storm water outfalls to the Mississippi River must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
4. A natural landscape protection site plan must be prepared to guide construction and lot development in accordance with this section.
(H) Issues addressed by the natural landscape protection plan and the storm water management plan. In achieving their purpose, the natural landscape protection plan and the storm water management plan shall address the following issues:
(1) Topography. A topographic map showing the existing contour elevations at intervals of ten feet is the basis of the natural landscape protection plan. It is important to note slope steepness and slope length on this map. The longer and the steeper the slope, the greater the erosion potential;
(2) Drainage patterns. Locate and clearly mark all existing drainage swales and patterns on the topographic map. Consider where water will concentrate on the property. Natural drainage areas are overland flows, depressions, swales and natural watercourses. The natural drainage should be used to convey runoff on and off the site, but increased runoff should be limited so erosion does not occur;
(3) Soils. Determine and show major soil types on the topographic map. Plot directly on the map at the same scale for ease of interpretation. Soil types should be evaluated for potential for flood hazard, natural drainage, depth to seasonal water table, permeability, shrink-swell potential, texture and erodibility;
(4) Ground cover. Show the existing vegetation on the topographic map. Features such as tree clusters, grassy areas and unique vegetation should be shown on the map. Any denuded or exposed soil areas should also be shown on the topographic map. If at all possible, existing vegetation should be maintained to minimize erosion. If existing vegetation cannot be maintained, then construction should be staged, (one site completed before the second is begun), to minimize erosion. Alternatives are temporary seeding, mulching or temporary structure controls, such as settling basins, silt fences or bale dams. A vegetative buffer of natural grasses, shrubs and trees should be maintained for at least 25 feet at the waters edge. This buffer zone helps protect water quality, provide habitat for wildlife and maintains the natural aesthetics of the shoreline; and
(5) Adjacent areas. Delineate areas adjacent to the site on the topographic map. Such features as streams, roads, houses or other buildings and wooded areas should be shown. Streams which will receive runoff from the site should be noted. Consider the potential for increased runoff during the construction and where the runoff will go.
(I) Accessory uses within Mississippi Headwaters Corridor. All accessory uses must meet or exceed structure setback standards. The term “accessory uses”, as used herein, does not include stairways, lifts and docks. The following standards must also be met.
(1) The structure or facility must not exceed ten feet in height, exclusive of safety rails. The structure or facility cannot occupy an area greater than 250 square feet, or, if used solely for watercraft storage, 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. Detached decks must not exceed eight feet above grade at any point.
(2) The setback of the structure or facility from the ordinary high water mark shall not be less than the setback from the principal structure.
(3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means.
(4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(5) The accessory use must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(J) Shoreland alteration within the Mississippi Headwaters Corridor.
(1) Purpose. Alterations of vegetation and topography will be regulated to prevent erosion to public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, preserve a corridor for movement of wildlife, protect fish and wildlife habitat, conserve cultural resources and to preserve the scenic and aesthetic character of the shoreland within the Mississippi Headwaters Corridor.
(2) Vegetative management provisions.
(a) Intensive vegetation clearing. Intensive vegetation clearing within the OHW setback and bluff impact zones and on steep slopes is not allowed.
(b) Alteration. Shoreland alteration should avoid negative impacts, such as use of steep slopes; increased soil erosion; development visibility; preservation of existing vegetative screening from the Mississippi River, assuming summer leaf-on conditions; avoidance of wetlands; avoidance of excavation between the building line and the Mississippi River; avoidance of intensive vegetative clearing within the OHW setback; shading of water surfaces should be maintained or enhanced; limitation of impermeable material to no more than 15% of the building site; management of long-lived species along the river front shall be directed toward promotion of large sized trees by using rotations based on biological age rather than economic age; cuttings shall be conducted in compliance with a natural landscape protection plan and best management practices.
(c) Limited clearing. In setback areas 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, landings and access paths; provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer leaf-on conditions, is maintained;
2. Shading of water surfaces is maintained; and
3. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(K) Grading, filling, alterations in the bed of public waters within the Mississippi Headwaters Corridor.
(1) Permit required. Any grading or filling work done within the Mississippi Headwaters Corridor Districts, controlled by this section, shall require a permit and shall comply with the following.
(a) Grading and filling of the natural topography which is not accessory to a permitted or conditional use may be permitted if consistent with the natural landscape protection plan.
(b) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit. A grading and filling permit may be issued only if the following conditions of division (K)(2) below are met. Grading and filling shall be performed in a manner which minimizes earth moving, erosion, storm water runoff, tree clearing and the destruction of natural amenities. Excavation on lots abutting the Mississippi River shall not be permitted between the building line and the ordinary high-water mark.
(2) Grading and filling standards. Grading and filling of the natural topography shall also meet the following standards.
(a) A one-time permit of ten cubic yards of fill material shall be allowed. Additional grading and filling work within the Mississippi Headwaters Corridor shall require a conditional use permit and shall comply with the following best management practices:
1. The smallest amount of bare ground is exposed for as short a period of time as feasible;
2. Temporary ground cover, such as mulch, is used until a permanent ground cover, such as sod, is planted;
3. Methods to prevent erosion and to trap sediment are employed;
4. Fill is stabilized to accepted engineering standards;
5. Fill or excavated material is not placed in a manner that creates an unstable slope;
6. Plans to place fill or excavated material on steep slopes is reviewed by a licensed engineer for continued slope stability and in no case may create finished slopes of 30% or greater;
7. Fill or excavated materials are not placed within bluff impact zones; and
8. Disturbed areas are restored in the same building season.
(b) Applications for an activity within the Mississippi Headwaters Corridor will be considered if there are no outstanding violations on the property or by the applicant.
(3) Altering current or cross-section of public waters. Excavation of materials from, filling in construction of any permanent structures or navigational obstructions, or any work that will change or diminish the course, current or cross-section of the Mississippi River is prohibited unless authorized by a permit from the Commissioner of the Department of Natural Resources or the Army Corps of Engineers.
(4) Drainage, filling or banking of wetlands.
(a) Drainage or filling in of wetlands is not allowed within the Mississippi Headwaters Corridor under this section. The county is the local government unit for wetland activities that occur in the county. Any draining or filling of wetlands must be approved by the Wetland Technical Evaluation Panel (TEP) and the county. The county will further consult with the Department of Natural Resources and the Army Corps of Engineers.
(b) Wetland banking that is allowed by variance due to a hardship should be conducted in the Upper Mississippi River Corridor in order to benefit the river.
(L) Cooperative efforts.
(1) The city cooperates with the county’s Soil and Water Conservation District in working with the River Watch Program to monitor river water quality.
(2) The city participates in the River Defense Network in order to actively prevent contamination of the river by spills.
(3) Periodic water quality monitoring will occur to determine the success of the program or to identify improvements needed.
(Ord. 332, passed 5-19-2008; Ord. 394, passed 8-5-2019) Penalty, see § 152.999