Subd. 1. Policy and Authorization. An ordinance for the controlling of bluffland and riverland development, in order to protect and preserve the outstanding scenic, recreational natural, historical, and scientific values of the Mississippi River in the city, as required by Minn. Rules parts 6105.0800 to 6105.0960, as they may be amended from time to time.
Subd. 2. Title. This subsection shall be known, cited and referred to as the City Mississippi Recreational River Ordinance; except as referred to herein, where it shall be known as “this Ordinance.”
Subd. 3. Purpose. This subsection is adopted to achieve the policy of Subd. 1 above and to:
1. Designate land use districts along the bluffland and shoreline of the Mississippi River;
2. Regulate the area of a lot, and the length of the bluffland and water frontage suitable for building sites;
3. Regulate the setback of structures and sanitary waste treatment facilities from blufflines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from disruption by human-made structures or facilities;
4. Regulate alterations of the natural vegetation and topography;
5. Maintain property values and prevent poorly planned development; and
6. Conserve and protect the natural scenic values and resources of the Mississippi River and maintain a high standard of environmental quality.
Subd. 4. General Provisions.
1. Jurisdiction. The jurisdiction of this chapter shall include all incorporated land designated within the Mississippi River land use district within the city, as shown on the official city zoning map.
2. Compliance. The use of any land within the Mississippi River land use district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of waste disposal facilities; the filling, grading, lagooning, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations. Permits from the Zoning Administrator are required by this subsection and the city zoning ordinance for the construction of buildings, public or private sewage treatment systems, the grading and filling of the natural topography, and erection of signs within the Mississippi River Recreational Land Use District.
3. Rules.
a. It is not intended by this subsection to repair, abrogate, or impair any existing easement, covenants, deed restrictions, or land use controls. Where this subsection imposes greater restrictions, the provisions of this chapter shall prevail.
b. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by Minnesota Statutes.
c. The provisions of this chapter shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this chapter or the application of this chapter to a particular property, building, or other structure, such judgment shall not affect any other provision of this chapter or any other property, building, or structure not specifically included in said judgment.
Subd. 5. Land Use District Provisions.
1. Designation of Districts. In order to preserve and protect the Mississippi River and its adjacent lands, which possess outstanding scenic, recreational, natural, historical, scientific, and similar values; the Mississippi River in the city has been given the recreational river classifications and the uses, and classification of the river and its adjacent lands are hereby designated by land use zoning districts, which are shown on the city zoning map and shall be as follows: Recreational River Management Zone. All lands within the Recreational River District along the Mississippi River, which are downstream from the State Highway 24 bridge at Clearwater, as identified in Minn. Rules Chapter 2420, located within the city.
2. Minimum Area, Setbacks, and Other Requirements.
a. The following chart sets for the minimum area, setbacks, and other requirements on the district.
Table 20 | |
Standard | Requirement |
Table 20 | |
Standard | Requirement |
Building setback from bluffline | 25 feet |
Building setback from ordinary high water mark | 100 feet |
Controlled vegetative cutting area | (See subsection 1004.05, Subd. 8) |
Lot width at building line | 200 feet |
Lot width at ordinary high water mark | 200 feet |
Maximum structure height* | 35 feet |
Minimum lot size above high water mark | 20 acres or 2 acres if platted |
On-site sewage treatment system setback from ordinary high water mark | 75 feet |
Setback from bluffline | 25 feet |
Setback from ordinary high water mark | 100 feet |
Note to Table: * Does not apply to structures used for agricultural purposes. | |
b. For lots of record developed after February 27, 2008, a buffer strip of an average of 50 feet but no less than 30 feet shall be maintained abutting all waters of the state. The buffer provisions of this chapter shall apply to lots developed or redeveloped on or after February 27, 2008. The city does however strongly encourage the use of a buffer on all lots in the city.
c. Buffer strips shall apply to all parcels of land whether or not the water of the state is on the same parcel as a proposed development.
i. Any existing drain tile shall be modified as part of the project to eliminate short circuiting of the buffer strip.
ii. New or enhanced buffer strips shall be maintained by the applicant for the later of one-year after completion of the project or acceptance by the City Engineer.
d. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in subsection 1004.04. During the first two years, any buffer vegetation that does not survive must be replanted. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards contained in subsection 1004.04, Subd. 8. Buffer strips shall be identified within each lot by permanent monuments approved by the city.
e. No structure shall be placed on any slope greater than 13% (13 feet vertical rise in 100 foot horizontal distance), unless such structures can be screened and sewage disposal system facilities can be installed so as to comply with the Sewage Treatment System provisions of Subd. 7 below.
f. No structure shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the State-wide Standards and Criteria for Management of Floodplain Areas of Minnesota (Minn. Rules 6120.5000 through 6120.6200) and subsection 1004.02.
3. Substandard Lots.
a. Lots of record in the office of the County Recorder on the effective date of enactment of the ordinance from which this chapter is derived, which do not meet the dimensional requirements of this chapter, shall be allowed as building sites, provided such use is permitted in the land use district, the lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived, and all sanitary and dimensional requirements are complied with, as practicable.
b. If, in a group of contiguous lots under a single ownership, any individual lot does not meet the lot width minimum requirements of this chapter, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of this chapter, except that such lots which are 50% or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purpose of sale or development, if on-site sewage treatment systems can be installed so as to comply with this chapter.
Subd. 6. Uses Within the Land Use District.
1. Purpose. The purpose of establishing standards and criteria for uses in the Mississippi River Land Use District shall be to protect and preserve existing natural, scenic, historical, scientific, and recreational values, to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the standards and criteria for recreational rivers.
2. Permitted and Conditional Uses.
a. In the following table of uses, “P” means permitted use, “C” means conditional use, and “N” means non-permitted use. Certain of the following uses are subject to the zoning dimension provisions and sewage treatment system provisions of this subdivision and Subd. 7 below. All of the following uses are subject to the vegetative cutting provisions of Subd. 8 below.
Table 21
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Agricultural uses | P |
Table 21
| |
Agricultural uses | P |
Essential services | P |
Forestry uses | P |
Governmental campground, subject to management plan specifications | P |
Governmental resource management for improving fish and wildlife habitat, wildlife management areas, nature areas, accessory roads | P |
Municipal government buildings, uses, and utilities | P |
Other governmental open space recreational uses, subject to management plan specifications | P |
Other private open space recreational uses, subject to management plan specifications | C |
Places of worship and graveyards | C |
Private campgrounds, subject to management plan specifications | C |
Private roads and minor public streets | P |
Public accesses, road access type with boat launching facilities subject to management plan specifications | P |
Public accesses, trail access type, subject to management plan specifications | P |
Public roads, subject to the conditions and criteria of MN Regulations NR 79(I) | C |
Sewage disposal systems | P |
Signs approved by Federal, State, or local government, which are necessary for public health and safety and signs indicating areas that are available or not available for public use | P |
Signs not visible from the river that are not specified in subsection 1004.05, Subd. 6.2.n above. In accordance with Chapter 13 of the Big Lake City Code | P |
Single-family residential uses | P |
Temporary docks | C |
Underground mining that does not involve surface excavation in the land use district | C |
Utility transmission power lines and pipelines subject to the conditions and criteria of Minnesota Regulations NR 79(i) | C |
Note to Table: All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use districts. | |
b. In addition to uses in this subdivision, the following uses shall be considered conditional uses within the Mississippi Special Use District, which includes all of the Mississippi River land use district legally described as Government Lots 1,2,3,4 of Section 35, Township 33N, Range 28W, and is shown on the City Zoning Map:
i. Restaurants, cafes, or taverns;
ii. Professional offices;
iii. Franchised automobile and farm implement dealers;
iv. Motels, motor hotels, or tourist camps;
v. Miniature golf courses or archery or golf driving ranges;
vi. Marine and boat sales;
vii. Landscape nurseries or garden stores;
viii. Drive-in restaurants, or similar uses that provide goods and services patrons in automobiles;
ix. Drive-in retail stores or service uses;
x. Bowling alleys;
xi. Automobile service stations; and
xii. Car washes.
Subd. 7. Sewage Treatment Systems.
1. Any premises intended for human occupancy must provide for an adequate method of sewage treatment. Public or municipal collection and treatment facilities must be used where available and feasible. Where public or municipal facilities are not available, all on-site individual sewer treatment systems shall conform to the minimum standards and administrative procedures set forth in the city zoning ordinance and the minimum standards of the State Pollution Control Agency, the State Department of Health, Subd. 5.2 above, and this subdivision.
2. No person, firm, or corporation shall install, alter, repair, or extend any individual sewer disposal system without first obtaining a permit for such from the Zoning Administrator for the specific installation, alteration, repair, or extension.
Subd. 8. Landscape Alterations.
1. Vegetative Cutting.
a. General Provisions within Designated Setback Areas.
i. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
ii. Selective cutting of trees in excess of four inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous tree cover is maintained.
iii. The cutting provisions of Subd. 8.2 below shall not be deemed to prevent:
(a) The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards; and/or
(b) Pruning understory vegetation, shrubs, plants, brush, grass, or from harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height.
b. Clear Cutting. Clear cutting anywhere in the designated land use district on the Mississippi River is subject to the following standards and criteria.
i. Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation.
ii. Clear cutting shall be conducted only where clear cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.
iii. The size of clear cut blocks, patches, or strips shall be kept at a minimum necessary.
iv. Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
2. Grading, Filling, Alterations of the Beds of Public Waters.
a. Any grading and filling work done within the designated land use district(s) of this chapter shall require a permit from the Zoning Administrator and shall comply with the following.
i. Grading and filling of the natural topography, which is not accessory to a permitted or conditional use, shall not be permitted in the land use district.
ii. Grading and filling of the natural topography, which is accessory to a permitted or conditional use, shall not be conducted without a grading and filling permit from the zoning authority. A grading and filling permit may be issued only if the conditions of this subdivision are properly satisfied.
iii. Grading and filling of the natural topography shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.
iv. Grading and filling of the natural topography shall also meet the following standards:
(a) The smallest amount of bare ground is exposed for as short a time as feasible;
(b) Temporary ground cover such as mulch is used and permanent ground cover, such as sod is planted;
(c) Methods to prevent erosion and to strap sediment are employed; and
(d) Fill is stabilized to accept engineering standards.
b. Excavation of material from, or filling in a recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner of DNR pursuant to M.S. § 103G.245, as it may be amended from time to time.
c. Drainage or filling in of wetlands is not allowed within the land use district(s) designated by this subsection.
Subd. 9. Land Subdivision.
1. Land Suitability.
a. No land shall be subdivided which is determined by the City Council to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.
b. The provisions otherwise set forth in this subsection and in the city subdivision ordinance shall apply to all plats.
2. Planned Unit Developments. A planned unit development may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivisions development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this chapter for planned unit development provided:
a. Preliminary plans are approved by the Commissioner prior to their enactment by the City Council;
b. Central sewage facilities are installed which meet the standards, criteria, rules, or regulations of the State Department of Health and Pollution Control Agency;
c. Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of easements, or other methods; and
d. There is not more than one centralized boat launching facility for each planned unit development.
Subd. 10. Administration.
1. Organizational Provisions.
a. The provisions of this chapter shall be administered by the City Administrator.
b. The Board of Adjustment of the city shall act upon all questions as they arise in the administration of this chapter; to hear and decide appeals; and to review any order, requirements, decisions, or determination made by the Zoning Administrator, who is charged with enforcing this subsection as provided by Minnesota Statutes.
c. Permit fees and inspection fees, as may be established by resolution of the City Council, shall be collected by the Zoning Administrator for deposit with the city, and credited to the appropriate General Fund.
2. Non-Conforming Uses, Substandard Uses.
a. Non-Conforming Uses. Uses which are prohibited by this subsection, but which are in existence prior to the effective date of the ordinance from which this subsection is derived, shall be non-conforming uses. Such uses shall not be intensified, enlarged, or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in most current permits issued prior to the adoption of this subsection.
b. Non-Conforming Sanitary Systems. All sanitary facilities inconsistent with the performance standards of Section 810 of the City Code and the minimum standards of the State Pollution Control Agency and the State Department of Health shall be brought into conformity or discontinued within five years of the date of enactment of this or other applicable ordinances.
c. Substandard Uses. All uses in existence prior to the effective date or enactment or amendment of this subsection which are permitted uses within the newly established land use district, but do not meet the minimum lot area, setbacks, or other dimensional requirements of this chapter are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exception.
i. Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.
ii. Substandard signs shall be gradually eliminated over a period of this not to exceed five years from the date of the enactment of this subsection.
iii. Where a setback pattern from the ordinary high water mark has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply to lots which do not meet the minimum lot width requirements (Subd. 5.2.a above).
3. Plats.
a. Copies of all plats within the boundaries of the Mississippi River Land Use District(s) shall be forwarded to the Commissioner within ten days of approval of the city.
b. Inconsistent Plans. Approval of a plat, which is inconsistent with this subsection, is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
c. All inconsistent plats approved by the city must be reviewed in accordance with Subd. 10.6 below.
4. Conditional Use Permit Review. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least ten days prior to such hearings or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of such action.
5. Approval by Commissioner.
a. Certain land use decisions, which directly affect the use of land within the designated land use districts and involve any of the following actions, must be approved by the Commissioner (Subd. 10.6 below):
i. Adopting or amending an ordinance regulating the use of land including rezoning of particular tracts of land;
ii. Granting a variance from a provision of this chapter which relates to the zoning dimension provisions of Subd. 5 above; and
iii. Approving a plat which is inconsistent with the local land use ordinance.
b. Review Procedure.
i. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under local ordinance shall be sent so as to be received by the Commissioner at least ten days prior to such hearings or meetings to consider such actions. The notice of application shall include a copy of the proposed ordinances or amendment.
ii. The action of the city shall become effective when and only when either:
(a) The action has previously received approval from the Commissioner;
(b) The city receives approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and no response has been sent by the Commissioner; or
(d) The Commissioner certifies his or her approval within 30 days after conducting a public hearing.
6. Permits. The following table summarizes the permit and certification process within the land use districts designated by this chapter.
Table 22 | |
Recreational Land Use District Permits | Action Necessary |
Table 22 | |
Recreational Land Use District Permits | Action Necessary |
Amendments of district boundary* | PH - AC |
Amendments to ordinance | PH - AC |
Building permits | LP |
Conditional use permits | PH - FD |
Grading, filling permits | LP |
Inconsistent plat | PH - AC |
Planned unit developments | PH - WA |
Plats | PH (notification not required - FD |
Septic permits | LP |
Sign construction permits | LP |
Water supply permits | LP |
Variances | PH - AC |
Note to Table: * Amendments to district boundary also requires a hearing by the Department of Natural Resources under the authority of M.S. Chapter 15, as it may be amended from time to time. LP: Permit issued by the city in accordance with this chapter and all other city ordinances. AC: Approval by the Commissioner of Natural Resources prior to final local approval. PH: Public hearing necessary by the local authority giving ten days’ notice of the hearing to the Commissioner of Natural Resources. FD: The city forwards any decisions to the Commissioner of Natural Resources within ten days after taking final action. WA: The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives preliminary approval, written review, and approval of the project. | |
7. Enforcement. In the event of a violation or a threatened violation of this chapter, the city, or the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, or abate such violations or threatened violations.