(A) Criteria for designation. The land use districts in division (B) below, 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 development.
(a) Existing recreational use of the surface waters and likely increases in use associated with planned unit development;
(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.
(B) Land use distinct descriptions. The land use districts provided in the table below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the official zoning map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minn. Regulations, part 6120.3200, subp. 3, as it may be amended from time to time.
Land Use Districts for Lakes | General Development Lakes | Natural Environment Lakes |
Land Use Districts for Lakes | General Development Lakes | Natural Environment Lakes |
Commercial District - Uses | ||
Agricultural: cropland | P | P |
Commercial | P | C |
Commercial planned unit development | C | C |
Industrial | C | N |
Duplex, triplex, quad residential | C | C |
Parks and historic sites | C | C |
Public, semipublic | C | C |
Residential planned unit development | C | C |
Single residential | C | C |
Surface water-oriented commercial* | C | C |
Tower | N | N |
Residential District - Uses | ||
Agricultural: cropland | P | P |
Commercial | C | C |
Commercial planned unit development | C | C |
Duplex, triplex, quad residential | P | C |
Industrial | C | N |
Multi-family residential | C | C |
Parks and historic sites | C | C |
Public, semipublic | C | C |
Residential planned unit development | C | C |
Single residential | P | P |
Surface water-oriented commercial* | C | C |
Tower | N | N |
Shoreline Area | ||
As permitted in § 152.042 | P | P |
Parks and historic sites | P | P |
Notes to table: C - Conditional use N - Not permitted P - Permitted use * - As accessory to a residential planned unit development | ||
(C) Use and upgrading of inconsistent land use districts.
(1) The land use districts adopted in the Chapter 156 of this code, as they apply to shoreland areas, and their delineated boundaries on the official zoning map, may not be consistent with the land use district designation criteria specified in the table in division (B) above. These inconsistent land use district designations 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 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 chapter on the lake must be revised to make them substantially compatible with the framework in divisions (A) and (B) above.
(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 Zoning 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 Council.
(4) 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. The City Council will direct the Administrative Officer to provide such additional information for the waterbody as is necessary to satisfy division (C)(1) and (2) above.
(5) The City Council 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 waterbody, are consistent with the enumerated criteria, and use provisions of this section.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)