(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 (string-line test) 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. In addition to the following, one water-oriented accessory structure designated in accordance with division (A)(2) below may be set back a minimum distance of ten feet from the ordinary high water level.
Classes of Public Waters
|
Setbacks
| ||
Structures
|
Sewage Treatment System
| ||
Unsewered
|
Sewered
| ||
General development | 75 | 60 | 50 |
Natural environment | 150 | 150 | 150 |
(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody.
Setback From | Setback (in feet) |
Setback From | Setback (in feet) |
Corner | 30 |
Interior side yard | 10 |
Rear yard/alley* | 20 |
Right-of-way line of town road, public street, or other roads or streets not classified | 30 |
Top of bluff | 30 |
Unplatted cemetery | 50 |
Note to table: * Storage sheds smaller than 120 square feet will be allowed a setback of ten feet in the rear yard/alley | |
(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.
(5) Use of RCUs. The use of RCUs are allowed with the following provisions.
(a) A lot without a dwelling may contain one RCU, provided:
1. The lot meets minimum requirements for size and all requirements of this chapter for structures are met;
2. There are no water or sewer connections to the RCU;
3. The RCU cannot be used as a permanent dwelling;
4. No RCU may be skirted or permanently placed; and
5. An RCU may be allowed in conjunction with a land use permit for a permanent structure for a maximum of 12 months during the construction period.
(b) A lot containing one dwelling may contain one RCU for use, not to exceed ten days within any 60-day period, provided that:
1. It is not located in the right-of-way and is placed solely on the owner’s property;
2. It will not impede city services or obstruct traffic visibility; and
3. It can only be used for storage and not for use and cannot be hooked up to city utility services.
(B) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any flood plain 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; and
(b) 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 determined 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 that meets minimum size requirements may have one water-oriented accessory structure not meeting the normal structure setback in division (A) above 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) The structure or facility must be within the center 50% of the lot width measured at the ordinary high water level.
(g) If a lot is physically separated (i.e. public, private road right-of-way or easement) from itself or another, they will be considered two separate parcels.
(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, 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 and the property owner applies and receives a permit.
(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 division (B)(3)(a) through (e) above are complied with in addition to the requirements of Minn. Regulations Chapter 1341, as it may be amended from time to time.
(4) Significant historic sites. No structure may be placed on a significant historic 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.
(5) Steep slopes. The Administrative Officer (City Zoning Officer) 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. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation that screens structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(7) Additional restrictions and standards in residential district.
(a) Construction material.
1. Single-family dwelling roofs shall be shingled with asphalt, wood, tiles, metal (with concealed fasteners), or other comparable materials.
2. Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality, to ensure they will maintain and enhance the property values of the neighboring properties.
3. Single-family dwellings, garages, and accessory structures over 120 square feet of floor space or over 120 square feet of roof and roof overhang shall be constructed of materials similar in quality and appearance to that of the main dwelling structure on the lot.
4. Buildings constructed of canvas, fabric, or straw shall not be permitted.
5. Building exteriors must be finished within one year of starting construction unless an one year extension is granted by the zoning official.
(b) Accessory structures. No more than two detached accessory structures are permitted on a parcel occupied by a single-family detached dwelling that are over 120 square feet.
(C) Height of structures. All structures in residential districts, except churches and non-residential agricultural structures, must not exceed 35 feet in height. Accessory structures cannot exceed 20 feet in height.
(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) Penalty, see § 152.999