(A) Application and plan. Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland, CR or CS District within the city shall first submit a conditional use permit application and a plan of development, hereinafter referred to as "shoreland impact plan," which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. The plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
(1) Exceptions.
(a) No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses contained within R-1 Districts.
(b) No conditional use permit or shoreland impact plan shall be required for the development of permitted uses contained within the R-1 District provided that the uses are constructed on standard lots when abutting a shoreline and that all uses are constructed on standard lots when abutting a shoreline and that all uses are served with public sanitary sewer.
(2) Subdivision. No land shall be subdivided which is determined by the city or the Commissioner of Natural Resources 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 another feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(3) CR Cannon Recreational District. In addition to permitted and conditional uses otherwise allowed in the zoning districts which jointly apply, the following uses are:
(a) Permitted.
1. Governmental campgrounds, subject to management plan specifications;
2. Public accesses, road access type with boat launching facilities subject to management plan specifications;
3. Public accesses, trail access type, subject to management plan specifications; and
4. Other governmental open space recreational uses, subject to management plan specifications.
(b) Conditional.
1. Private campgrounds subject to management plan specifications; and
2. Other private open space recreational uses, subject to management plan specifications.
(4) CS Cannon Scenic River District. The following uses are permitted or conditional. All uses not listed as permitted or conditional shall not be allowed within the CS District.
(a) Permitted.
1. Governmental campgrounds, subject to management plan specifications;
2. Public accesses, road access type with boat launching facilities subject to management plan specifications;
3. Public accesses, trail access type, subject to management plan specifications;
4. Other governmental open space recreational uses, subject to management plan specifications;
5. Agricultural uses;
6. Single-family residential uses;
7. Forestry uses;
8. Essential services;
9. Sewage treatment systems;
10. Private roads and minor public streets;
11. 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;
12. Signs not visible from the river that are not specified in division (A)(4)(a)11. above; and
13. Governmental resource management for improving fish and wildlife habitat; wildlife management areas; natural areas; accessory roads.
(b) Conditional.
1. Private campgrounds subject to management plan specifications;
2. Temporary docks;
3. Other private open space recreational uses, subject to management plan specifications;
4. Utility transmission power lines and pipelines, subject to the provisions of this section;
5. Public roads subject to the provisions of this section; and
6. Canoe rental establishments.
(B) Sewage and waste disposal. Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.
(1) Public sanitary sewer collection and treatment facilities. Public sanitary sewer collection and treatment facilities must be used where available and where feasible.
(2) Private sewage and other sanitary waste disposal systems. All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, rules and regulations of the city, the State Department of Health and the Pollution Control Agency's standards for individual sewage treatment systems (Minn. Rules, Chapter 7080).
(3) Septic tank drainage field system. A septic tank drainage field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible on the particular lot in question and it can be demonstrated that the system being proposed as an alternate will not cause a pollution problem.
(4) Location and installation of a septic tank and soil absorption system. Location and installation of a septic tank and soil absorption system shall be so that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, geology, proximity to existing or future water supplies, accessibility for maintenance and possible expansion of the system.
(5) Permit required. It is unlawful for any person to install, alter, repair or extend any individual sewer disposal system without first obtaining a permit therefor from the city for the specific installation, alteration, repair or extension.
(6) Setback requirements. Placement of septic tank soil absorption systems shall be subject to the following setback requirements where soil conditions are adequate:
(a) Within the S District, at least 50 feet from the ordinary high water mark;
(b) Within the CR District, at least 75 feet from the ordinary high water mark; and
(c) Within the CS District, at least 100 feet from the ordinary high water mark.
(7) Soil absorption systems. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:
(a) Low swampy areas or areas subject to recurrent flooding;
(b) Areas where the highest known ground water table, bedrock or impervious soil conditions are within four feet of the bottom of the system; and
(c) Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.
(8) Nonconformity. All sanitary facilities inconsistent with requirements of this section shall be brought into conformity within five years after the date of adoption of this subchapter, or discontinued when there is evidence of septic tank effluent percolating from the ground, flowing directly into a lake or stream or other indications of system failure.
(C) Water supply. Any private supply of water for domestic purposes shall conform to the State Department of Health Standards for water quality. Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with city standards.
(D) High water elevations. Structures must be placed at an elevation consistent with the Floodplain District regulations.
(E) Utility transmission crossings. All utility crossings of the Cannon River require a license from the Commissioner of Natural Resources pursuant to M.S. § 84.415, as it may be amended from time to time. All utility transmissions constructed within the CS District shall require a conditional use permit. The construction of transmission services shall be subject to Minn. Rules, parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the Environmental Quality Board pursuant to M.S. § 216E.10, as it may be amended from time to time.
(F) Public roads. In addition to permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of public roads within the CS District. The construction or reconstruction shall be subject to Minn. Rules, parts 6105.0190 and 6105.0200.
(Prior Code, § 11-82-5) (Ord. 258, passed 5-4-2006)