§ 229.05  LAKESHORE MANAGEMENT DISTRICTS.
   All lands presently contained within the city, and added by annexation in the future lying within the shoreland boundaries shall comply with the general provisions of this section. Such lands are designated on the Lakeshore Management Map, which is incorporated herein by reference as if appearing in total, and described as follows:
   (A)   SP Special Protection District.  A Special Protection District is intended to be used for 2 basic purposes. The first purpose is to limit and properly manage development in areas that are generally unsuitable for development or uses due to flooding, erosion, limiting soil conditions, steep slopes, or other major physical constraints. A second purpose is to manage and preserve areas with special historical, natural, or biological characteristics. There are 4 SP districts in the city, located as follows:
      (1)   All of Blocks 10, 11, and 12, of the plat of Kavanagh and Schulze’s First Addition to Center City.
      (2)   Outlot #1 of F. G. Loren’s Addition to Center City.
      (3)   All of Lots A and B of Kavanagh and Schulze’s First Addition to Center City (including that part of  Lot A subsequently platted as Loren’s Subdivision of Lot A).
      (4)   An historical district, consisting of the following lands:
         (a)   The West Half of Lot 6, and all of Lots 7-14, inclusive, in Block 1; and all of Blocks 3 and 6; all in Kavanagh and Schulze’s First Addition to Center City.
         (b)   The Swedish Church property which is bordered by Summit Avenue on the west, Lindeke Place on the south and east, and Louise Avenue on the north.
   (B)   RD Residential District.  A Residential District is primarily intended to allow low to medium density seasonal and year round residential uses on lands suitable for such uses.  It is also intended to prevent establishment of various commercial, industrial, and other uses in these areas that cause conflicts or problems for residential uses. Some nonresidential uses with minimal impacts on residential uses are allowed if properly managed under conditional use procedures. All lands within the existing city are designated RD unless expressly designated otherwise.
   (C)   HD High Density Residential District. A High Density Residential District is intended for use on lands with heterogeneous mixes of soils, vegetation, and topography that are not well suited to residential development using standard, lot block subdivisions. This approach enables such areas to be developed, often even with higher than lot block densities, while also avoiding and preserving unsuitable terrain and soils. Other compatible uses such as residential planned unit development, surface water oriented commercial, multiple-unit single-family, parks, historic sites, and semipublic are also allowed, primarily as conditional uses. The city does not presently contain any high density residential districts.
   (D)   WOD Water Oriented Commercial District. A Water Oriented Commercial District is intended to be used only to provide for existing or future commercial uses adjacent to water resources that are functionally dependent on such close proximity.
   (E)   G General Use District.  A general use district is intended to be used only for lands already developed or suitable for development with concentrated urban, particularly commercial, land uses.  It should not generally be used on natural environment lakes or remote river classes. Several other intensive urban uses such as industrial and commercial planned unit development are allowed in this district if handled as conditional uses. G districts are all lands so designated on the lakeshore map.
   (F)   High water elevations.
      (1)   For Pioneer Lake (Basin #13-34) the lowest floor shall be 3 feet above either the highest known water level of Pioneer Lake or 3 feet above the lowest point of the road separating Pioneer and North Center Lake (Basin #13032) whichever provides the greatest degree of protection.
      (2)   For North Center Lake (13-32) and South Center Lake (Basing #13-27), the lowest floor shall be placed at or above the elevation 904.0, sea level datum.
      (3)   Exception. Boathouses shall normally meet the structure elevation requirements as outlined by 1001.11, 2, (a) and (b). However, the city may allow construction of a boathouse at a level no lower than the ordinary high water level of Pioneer, north Center and South Center Lakes if the boathouse is flood-proofed in accordance with the State Building Code.
      (4)   Lowest floor certification requirement, if a structure has been constructed or improved a location within a special flood hazard area (A-zone) as shown on the most current flood insurance map for the city, the permittee shall provide certification of the as-built elevation of the lowest floor of said structure. Such certification shall be made on forms provided by the City Clerk. The Zoning Administrator shall maintain a record of such elevations pursuant to Code of Federal Regulations.
   (G)   Grading and filling permits. Any grading and filling within the Shoreland District which involves the movement of more than 10 cubic yards but less than 100 cubic yards of earthen material shall not be conducted unless the Zoning Administrator has first issued a permit authorizing such activity. All grading and filling in excess of 100 cubic yards of earthen material shall not be conducted unless the City Council has established a conditional use permit in accordance with the city’s established conditional use permit process. All grading and filling including work involving less than 10 cubic yards which does not require a permit, is subject to the following standards and criteria:
      (1)   When reasonable alternatives exist fill must not be placed in any wetland area because these areas provide for nutrient and sediment entrapment for storm runoff prior to discharge into public bodies of water.
      (2)   All permits shall require that the permittee seed and mulch or sod exposed soils within a specified time period in order to prevent erosion from the site.
      (3)   No permit shall authorize the placement of fill below the ordinary high water level, of a public water, unless a permit from the Commissioner of Natural Resources has first been secured.
      (4)   Exceptions. No extra permit shall be required for basement excavations or similar construction activity which has been authorized by a valid building permit provided no more than 100 cubic yards of fill material are hauled to or from the building site and the building permit contains provisions for the implementation of erosion control measures consistent with division (2) above.   
(Ord. 2011-06-07A, passed 6-7-2011)