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§ 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)
§ 152.041 WATER SUPPLY AND SEWAGE TREATMENT.
   (A)   Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the State Department of Health and the State Pollution Control Agency.
   (B)   Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
      (1)   Publicly owned sewer systems must be used where available; and
      (2)   All private sewage treatment systems must conform to current county and state regulations. Permits and inspection for on-site systems will be controlled by the county.
(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
§ 152.042 SPECIAL RESTRICTIONS IN SHORELINE AREA.
   In addition to being subject to all regulations which apply in the district in which it is located, the portion of any property within the shoreline area as defined in § 152.008 shall also be subject to the following special restrictions.
   (A)   The actual lakeshore shall be used only for docks, piers, and boat lifts and the keeping of boats.
   (B)   A movable dock which was used the previous summer and which is intended to be used the following summer may be kept by its owner within the shoreline area from September 1 through May 15.
   (C)   Picnic tables, barbecue grills, and other similar property may be kept within the shoreline area.
   (D)   Lawnmowers and other equipment used to maintain the property shall be kept in a suitable accessory building, if one is available. If one is not, they shall be kept under a deck or as near a structure upon the property as may be done.
   (E)   If the keeping or parking of certain vehicles upon the portion of the property not within the shoreline area would require that they be kept or parked upon the front or side yard of the principal structure upon the property, the following may be kept or parked in the shoreline area, provided that they are kept or parked so as to be as little noticeable as possible to users of the lake: boat trailers, and motorized vehicles actually in use, including cars, vans, pickups, and motorcycles, but not including trucks and buses.
   (F)   No structure may be placed within the shoreline area upon any property which does not measure in excess of 60 feet in depth, measured at a right angle to the ordinary high water level.
   (G)   No more than one water-oriented accessory structure or facility shall be located within the shoreline area.
   (H)   The storage or campers and fish houses must meet both setback and impervious surface requirements.
(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
§ 152.043 DOCK PLACEMENT AND REGULATIONS.
   The following regulations shall apply in the placing of docks in or near public waters:
   (A)   All docks, piers, wharves, boat lifts, or other structures placed within public waters, shall meet a minimum setback of five feet from the area created when projecting the lot width at the shoreline into the water body, using the lot line.
   (B)   In unique circumstances where due to the curvature of the shoreline, such a projection of the lot width would result in an undue burden on the property owner, the city, or their designated representative, may designate a different setback. Such a determination shall take into consideration any agreements between the affected landowners.
   (C)   Docks must be placed so that no portion of the dock, including the “L” extensions or additions, and no accessory or ancillary structures or equipment (including mooring buoys, boat lifts, shore trackers or swimming platforms) extends across the projection of the setback from the lot line into the lake. Docks must also be placed so as not to block access from adjacent property to open water. The storage of all docks, and all watercraft or water oriented items, shall also be subject to this property setback rule.
   (D)   Notwithstanding any provision of this section to the contrary, the five foot setback for docks shall not apply to the extent necessary to allow ingress to, or egress from, a legal, non-conforming boat house or water-oriented accessory structure.
   (E)   Docks, or portions of docks, intended as accesses to public waters shall not be rented, leased or used by persons, or their guests, who do not own or rent the property on which the dock is located. Renting of multiple docks or portions of a lot shall not be allowed.
   (F)   This section shall apply to the use, maintenance and installation of any dock and accessory or ancillary structures or equipment at any time.
   (G)   Dock length and width is subject to permitting requirements and/or restrictions imposed by the Minnesota Department of Natural Resources (DNR).
(Ord. passed 3-14-2024) Penalty, see § 152.999
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