(A) Statutory authorization. The Shoreland Overlay District (SH) is adopted pursuant to the authorization and policies contained in M.S. Ch. 103F, as it may be amended from time to time, Minn. Rules 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.
(C) Jurisdiction. The provisions of this overlay district shall apply to the shorelands which includes all lands within 300 feet from the ordinary high water mark of any river or stream and 1,000 feet from the ordinary high water mark of a lake, pond or flowage, or the landward extend of floodplain designated by ordinance on a river or stream, whichever is greater. The outer boundary shall generally following property lines and road centerlines, and as shown on the Shoreland Overlay District Map contained in this chapter.
(D) Shoreland classification system. The public waters of the city include the following:
(1) Ripple River.
(a) Forested from confluence with Mississippi River to the southern boundary of the NE quarter of the SW quarter of S24-T47N-R27W.
(b) Urban from southern boundary of NE quarter of the SW quarter of S24-T47N-R27W to western boundary of the NE quarter of the NE quarter of S26-T47N-R27W.
(c) Forested from the western boundary of the NE quarter of the NE quarter of S26-47N-27W to the western boundary of the NE quarter of the SE quarter of S26-T47N-R27W.
(d) Urban from the western boundary of the NE quarter of the SE quarter of S26-T47N-R27W to the southern boundary of the SW quarter of the SW quarter of S25-T47N-R27W, 2018 city side only (county side is forested).
(e) Forested from southern boundary of the SW quarter of the SW quarter of S25-T47N-27W to southern boundary of S36-T47N-R27W forested.
(2) Unnamed stream. Tributary from S36-T47N-R27W to S1-T46N-27W; and
(3) The Mississippi River is also a public water, but the shorelands of this river shall follow the guidelines provided in the Mississippi Headwaters Overlay District (MH) contained in § 152.057 of this chapter.
Land uses | Forested | Urban | Tributary | Scenic |
Land uses | Forested | Urban | Tributary | Scenic |
Single residential | P | P | P | P |
Duplex, triplex, quad residential | P | P | P | P |
Residential PUD | C | C | C | C |
Water-dependent commercial - as accessory to a residential planned unit development | C | C | C | C |
Commercial | C | P | P | P |
Commercial PUD - limited expansion of a commercial PUDs involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 152.071 are satisfied | C | C | C | C |
Guest quarters | N | N | N | N |
Controlled access lots | N | N | N | N |
Parks and historic sites | C | C | C | C |
Public, semipublic | C | P | P | C |
Industrial | C | C | C | C |
Agricultural: crop land and pasture | P | P | P | P |
Agricultural feedlots - new | N | N | N | N |
Agricultural feedlots - expansion or resumption of existing | C | C | C | C |
Forest management | C | C | C | P |
Forest land conversion | C | C | C | C |
Extractive use | N | N | N | N |
Mining of metallic minerals and peat | N | N | N | N |
(E) Lot area and lot width standards. The lot area (in square feet) and the lot width standards (in feet) for single, duplex, triplex and quad residential lots are as follows.
(1) Lot area. The required minimum lot area of the underlying zoning district shall apply.
(2) Lot width. Lots shall meet the lot width standards contained herein both at the OHW and at the building line. The following lot width standards shall apply:
Forested
|
Urban and tributary
| ||
No sewer | Sewer | ||
Single | 200 | 100 | 75 |
Duplex | 300 | 150 | 115 |
Triplex | 400 | 200 | 150 |
Quad | 500 | 250 | 190 |
Commercial/Industrial | 100 | 100 | 100 |
(F) Setbacks. Placement of structures and sewage treatment systems on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions:
Structures No Sewer | Structures Sewer | Sewage Treatment System | |
Forested | 150 | 150 | 100 |
Urban | 100 | 50 | 75 |
Right-of-way-of local streets | 20 | 20 | 20 |
Right-of-way of state or county highway | 50 | 50 | 50 |
Top of bluff | 30 | 30 | 30 |
Unplatted cemetery | 50 | 50 | 50 |
(G) Bluff impact zones. Structures and accessory structures or facilities, except stairways and landings, shall not be placed within bluff impact zones.
(H) Design criteria for development within the SH Overlay District.
(1) High water elevations. Properties elevations shall comply with floodplain ordinance minimum elevations located in § 152.056(B)(3) of this chapter. In the absence of floodplain data, structures shall be placed with the lowest floor of the structure at least three feet above the flood of record, if data are available. If data are not available, structures must be placed with the lowest floor at least three feet above the OHW or by conducting a technical evaluation to determine effects of the proposed construction upon flood stages and flood flows and to establish a flood protection elevation. All such technical evaluations, regardless of approach, shall be performed by a qualified licensed engineer or hydrologist consistent with Minn. Rules parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest protection elevation determined must be used for placing structures and other facilities.
(2) 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, public open-space recreational properties and planned unit developments.
(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, public open-space recreational properties and planned unit developments.
(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 (H)(2)(a) to (H)(2)(e) above are complied with in addition to the requirements of Minn. Rules Ch. 1341.
(3) Significant historical sites. No structure may be placed on a significant historical site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(4) Steep slopes. The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters prior to the issuance of a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. 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.
(5) Height of structures. All structures in residential districts, except churches and non-residential agricultural structures, must not exceed 25 feet in height.
(I) Shoreland alterations. Alterations of vegetation and topography shall 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.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by division (K) below are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation, except for agricultural uses as regulated in division (N) below 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.
(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 trees, limbs or branches that are dead, diseased or pose safety hazards.
(J) 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 structures, sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by division (K) below.
(3) Notwithstanding divisions (J)(1) and (J)(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 or within shore or 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) The grading, filling or alteration of a wetland shall be prohibited unless approved by the state or federal authorities in cases where no other alternatives exist for development.
(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 soil 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 the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
(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 material must not be placed in bluff impact zones.
(i) Any alterations below the ordinary high water mark of public waters must first be authorized by the Commissioner of the Department of Natural Resources under M.S. Ch. 103G, 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.
(k) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if no other alternatives exist. The permitted riprap placement shall have a finished slope that 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 mark and the height of the riprap above the ordinary high water mark shall not exceed three feet.
(5) Connections to public waters. 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 of the Department of Natural Resources has approved the proposed connection to public waters.
(K) Placement and design of roads, driveways and parking areas.
(1) 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. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
(2) 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.
(3) 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 division (K) are met. For private facilities, the grading and filling provisions of division (J) above must be met.
(L) Storm water management. The following standards shall apply to all properties within the Shoreland Overlay District (SH).
(1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water 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 and facilities or methods used to retain sediment on the site.
(3) 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 as 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 materials and facilities.
(4) Impervious surface coverage of lots must not exceed 25% of the lot area.
(5) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
(6) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(M) Standards for commercial, industrial, public and semi-public uses.
(1) Surface water-oriented commercial uses and industrial, public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards.
(a) In addition to meeting impervious coverage limits, setbacks and other zoning 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.
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. Signs must only convey the location and name of the establishment and the general types of goods or services available. Signs shall not be permitted for any other purpose, shall not be located higher than ten feet above the ground, and shall 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.
(2) 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 mark setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(N) Agriculture use standards.
(1) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and Shore and Bluff Impact Zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. 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 mark.
(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 mark of all public waters basins.
(b) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water mark or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water mark setback or encroach on bluff impact zones.
(O) Extractive uses. Extractive uses, excavation, extractive material processing and extractive accessory uses shall be prohibited within the Shoreland Overlay District.
(P) Mandatory EAW. An environmental assessment worksheet consistent with Minn. Rules Chpter 4410 must be prepared for projects meeting the thresholds of Minn. Rules, part 4410.4300, subparts 19a, 20a, 25, 27, 28, 29, and 36a.
(Q) Water-oriented accessory structures or facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:
(1) 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. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios;
(2) The structure or facility is not in the bluff impact zone;
(3) The setback of the structure or facility from the ordinary high water level must be at least ten feet;
(4) The structure is not a boathouse or boat storage structure as defined under M.S. § 103G.245;
(5) 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;
(6) The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area;
(7) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(Ord. 332, passed 5-19-2008; Ord. 394, passed 8-5-2019)