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ZONING AND WATER SUPPLY/SANITARY PROVISIONS
§ 152.035 LOT AREA AND WIDTH STANDARDS.
   The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after March 23, 1999, for the lake classifications are the following.
   (A)   Unsewered lakes.
      (1)   Natural environment.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
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)   General development.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
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
 
   (B)   Sewered lakes.
      (1)   Natural environment.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
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
 
      (2)   General development.
 
Riparian Lots
Non-Riparian Lots
Area
Width
Area
Width
Duplex
26,000
135
17,500
135
Quad
49,000
255
32,500
245
Single
15,000
75
10,000
75
Triplex
38,000
195
25,000
190
 
   (C)   Additional special provisions.
      (1)   Residential subdivisions with dwelling unit densities exceeding those in the tables in division (B) above can only be allowed if designed and approved as residential planned unit developments under §§ 152.070 through 152.076. 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 division (B) above 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.
         (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 divisions (A) and (B) above, 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.
         (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 within subdivisions are not permissible.
      (5)   Lots shall not be portioned off for the purpose of providing access to the lake by persons who are not the sole owner or renter of a property.
(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; Ord. passed 3-14-2024) Penalty, see § 152.999
§ 152.036 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 (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.
      (6)   Fences. Fences must follow regulations set forth in §§ 150.35 through 150.45.
      (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
§ 152.037 SHORELAND ALTERATIONS.
   (A)   Generally. 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 § 152.038 are exempt from the vegetation alteration standards that follow.
      (2)   Removal or alteration of vegetation 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, 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; and
            2.   The provisions of this division (A)(2) are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
   (B)   Topographic/lot alterations.
      (1)   Lot alteration (grading, filling, or excavating) necessary for the construction of structures, sewage treatment systems, and driveways require a lot alteration permit, but this permit can be combined with construction permit for these facilities. However, the lot alteration 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 § 152.038.
      (3)   Notwithstanding divisions (B)(1) and (2) above, a lot alteration 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; more than 50 cubic yards anywhere else in the shoreland district;
         (b)   The movement of up to 600 cubic yards of material outside of steep slopes and shore and bluff impact zones. Property owner must apply and receive a conditional use permit prior to receiving a permit for the movement of more than 600 cubic yards of material; and
         (c)   Lot alteration permits are not required for beach sand as long as the owner follows requirements set by the State Department of Natural Resources.
      (4)   The following considerations and conditions must be adhered to during the issuance of site permits, lot alteration permits, conditional or special use permits, variances, and subdivision approvals.
         (a)   1.   Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
               a.   Sediment and pollutant trapping and retention;
               b.   Storage of surface runoff to prevent or reduce flood damage;
               c.   Fish and wildlife habitat;
               d.   Recreational use;
               e.   Shoreline or bank stabilization; and
               f.   Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
            2.   This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the State Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.
         (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 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.
         (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.
(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
§ 152.038 PLACEMENT AND DESIGN OF ROADS, 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. 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.
   (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 section are met. For private facilities, the lot alteration provisions of § 152.037(B) must be met.
(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
§ 152.039 SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUPLIC/SEMIPUBLIC USES.
   (A)   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 parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards.
      (1)   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.
      (2)   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 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.
         (a)   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.
         (b)   Signs must follow the requirements set forth in §§ 150.035 through 150.045.
         (c)   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.
   (B)   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.
(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
§ 152.040 CONDITIONAL USES.
   (A)   Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, looking at compatibility of uses, and criteria and conditions for review of conditional and special uses established community-wide.
   (B)   The following additional evaluation criteria and conditions apply within shoreland areas.
      (1)   Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions on the site must be made to ensure:
         (a)   The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
         (b)   The visibility of structures and other facilities as viewed from public waters is limited;
         (c)   The site is adequate for water supply and on-site sewage treatment; and
         (d)   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.
      (1)   Conditions attached to conditional and special use permits. The City Council, upon consideration of the criteria listed above and the purposes of this section, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
         (a)   Increased setbacks from the ordinary high water level;
         (b)   Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
         (c)   Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
(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)
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