§ 229.09  PLACEMENT AND HEIGHT OF STRUCTURES AND FACILITIES ON LOTS.
   (A)   Setback requirement.  When more than 1 setback requirement applies to a site, structures and facilities must be located to meet the most stringent setback.
   (B)   Exceptions to structure setbacks - lots of record.  Where structures exist on the adjoining lots on both sides of a building site, the structure setbacks may be decreased without a variance to conform to the adjoining setbacks; provided the proposed building site is not in a shore impact zone or bluff impact zone.
   (C)   High water elevations. In addition to the setback requirements set forth above, all structures must be placed at an elevation consistent with the city floodplain controls; where no reliable data exists, the elevation of the lowest floor of a structure, including a basement, is determined as follows:
      (1)   The lowest floor level must be not less than 3 feet above the highest known water level, or the established ordinary high water mark, whichever is higher.
      (2)   Water oriented accessory structures may have the lowest floor located lower than the level cited in the next preceding section if the structure is constructed of flood resistant materials up to the required elevation, all electrical and mechanical equipment is placed above that elevation, and if flooding is anticipated, the structure is constructed to withstand wave action and damage from ice and floating debris.
   (D)   Bluff impact zones.  Structures and accessory facilities, except stairways, lifts, and landings may not be placed within a bluff impact zone.
   (E)   Steep slopes. No sewage treatment system, road, driveway, structure, or other permanent improvement shall be permitted on a steep slope except by conditional use permit. Considerations for such a permit shall include the prevention of erosion; the preservation of existing vegetation, and the screening of structures; and the use and parking of vehicles and other attending facilities as viewed from the surface of the adjacent lake, assuming summer, leaf on vegetation.
   (F)   Cemeteries and historic sites.
      (1)   No structure may be placed nearer than 50 feet from the boundary of a cemetery or burial ground protected under M.S. Chapter 307 without first receiving written approval from the office of the Minnesota State Archaeologist.
      (2)   No structure may be placed on a significant historic site designated under M.S. § 138 without first obtaining the written approval of the local, state, or federal agency or department having jurisdiction over the site.
   (G)   Roads and highways.  No structure may be placed nearer than 50 feet from the right-of-way line of any federal, state, or county highway, or 20 feet from the right-of-way line of any town road or public street.
   (H)   Height restrictions. No structure hereafter erected in a residential district shall exceed 25 feet in height, except churches, public buildings for which a conditional use permit has been issued, and agricultural structures.
   (I)   Accessory structures and facilities. All accessory structures and facilities must meet the setback standards set forth herein, except that a residential lot may have 1 water oriented accessory structure or facility within a setback, provided:
      (1)   The structure or facility does not exceed 10 feet in height, excluding safety rails, and does not occupy an area greater than 250 square feet, except that such a structure or facility used solely for watercraft storage, including the storage of related boating and water oriented sporting equipment may occupy an area not exceeding 400 square feet, provided that the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline;
      (2)   Detached decks may not exceed 8 feet above grade at any point;
      (3)   The structure or facility is setback not less than 10 feet from the ordinary high water mark;
      (4)   The structure or facility is treated to reduce its visibility as viewed from the public water and adjacent shorelands by vegetation, topography, an increased setback, or color, assuming summer, leaf on conditions;
      (5)   The roof of the structure may be used as a deck with safety rails which may not be enclosed and may not be used for storage; and
      (6)   The structure or facility is not designed for habitation and does not contain or otherwise have available either water supply or provisions for the disposition of sewage.
   (J)   Structure setbacks.  The setback requirements contained in the following table shall be the minimum setbacks, except for water oriented accessory structures and facilities regulated under division (I):
      (1)   Structure setback standards.
 
Class
Ordinary high water level setback (feet)
Setback from top of bluff (feet)
Unsewered
Sewered
General development
75
50
30
 
   (K)   Stairways, lifts and landings. Access up and down bluffs and steep slopes shall be stairways or lifts meeting the following requirements, unless a variance is granted:
      (1)   Stairways and lifts must not exceed 4 feet in width on residential lots; wider stairways for which express approval has been obtained in writing may be used for commercial properties, public open space recreational properties, and planned unit developments.
      (2)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; landings larger than 32 square feet in area may be used or expressly approved in writing for commercial properties, public open space recreational properties, and planned unit developments.
      (3)   No canopies, roofs, or other coverings shall be allowed on stairways, lifts, or landings.
      (4)   Stairways, lifts, and landings may be constructed above the ground on posts or pilings, or placed into the ground, provided that either is designed, constructed, and maintained in a manner that does not unreasonably disrupt existing topography and insures the control of soil erosion.
      (5)   Stairways, lifts, and landings shall be located in the most visually inconspicuous portion of a lot as viewed from the surface of the public water, assuming summer, leaf on conditions, taking into consideration topography, existing or required vegetation, and soil erosion.
      (6)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons may be approved by a conditional use permit under Chapter 1340 of the Minnesota Rules, provided there is compliance, to the extent possible, with the standards of this section.
   (L)   Decks.  All decks must meet the structure setback standards set forth herein, except:
      (1)   Decks permitted upon an accessory structure under division (J); and
      (2)   A deck that would not meet the setback requirements herein may be added to a structure existing on the effective date of this chapter if:
         (a)   Thorough evaluation of the property and the existing structure reveals that there is no other reasonable location for a deck which meets or exceeds the minimum setback; and
         (b)   The deck encroachment toward the public water does not exceed 15% of the existing distance between the existing structure and the ordinary high water mark, or does not encroach closer than 30 feet, whichever is more restrictive; and
         (c)   The deck is constructed primarily of wood or natural materials, and is not roofed or screened.
(Ord. 2011-06-07A, passed 6-7-2011)