(A) Purpose. The uncontrolled use of shorelands of Cologne affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Cologne.
(B) Jurisdiction. The provisions of this article shall apply to the shorelands of the public waters as classified in division (E) below. Pursuant to Minn. Rules, parts 6120.2500 to 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this chapter. A body of water created by a private user where there was no previous shoreland is exempt from this subchapter.
(C) Variances. The Board of Appeals and Adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in division (D) below shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.
(D) Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances or amendments under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action.
(E) Shoreland classification system.
(1) The public waters of Cologne have been classified below consistent with the criteria found in Minn. Rules, part 6120.3300, and the Protected Waters Inventory Map for Carver County, Minnesota. The shoreland area for the waterbodies listed below shall be as defined in this Section and as shown on the official zoning map.
(a) Lakes.
1. Natural Environmental Lake: Meuwissen;
2. General Development Lake: Benton Lake.
(b) Rivers and streams. Tributary Streams: Benton Creek.
(2) All protected watercourses in Cologne shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered tributary.
(F) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river/stream classification are as follows:
(1) Sewered lakes: natural environment.
Riparian Lots
|
Non-riparian Lots
| |||
Unit | Area | Width | Area | Width |
Single | 40,000 sf | 125 ft | 20,000 sf | 125 sf |
Duplex | 70,000 sf | 225 ft | 35,000 sf | 220 sf |
Triplex | 100,000 sf | 325 ft | 52,000 sf | 315 sf |
Quad | 130,000 sf | 425 ft | 65,000 sf | 410 sf |
(2) Sewered lakes: general development.
Riparian Lots
|
Non-riparian Lots
| |||
Unit | Area | Width | Area | Width |
Single | 15,000 sf | 75 ft | 10,000 sf | 75 ft |
Duplex | 35,000 sf | 135 ft | 26,000 sf | 135 ft |
Triplex | 50,000 sf | 195 ft | 38,000 sf | 190 ft |
Quad | 65,000 sf | 255 ft | 49,000 sf | 245 ft |
(3) Sewered tributary rivers/streams lot widths. There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for tributary rivers or streams are as follows:
Unit
|
Lot Width |
Single | 75 ft |
Duplex | 100 ft |
Triplex | 120 ft |
Quad | 120 ft |
(4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in divisions (F)(1) through (F)(3) can only be allowed if designed and approved as planned residential districts pursuant to § 153.037. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line.
(G) Placement of structures on lots.
(1) When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and on-site sewage treatment systems shall be setback from the ordinary high water level as follows:
Setbacks for
| |||
Classes of Public Waters | Sewered Structures | Unsewered Structures | Sewage Treatment Systems |
Lakes | |||
Natural environment | 150 ft | 150 ft | 150 ft |
General development | 50 ft | 75 ft | 75 ft |
Rivers | |||
Agricultural, tributary | 50 ft | 100 ft | 75 ft |
(2) (a) When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure.
(b) One water-oriented accessory structure designed in accordance with these provisions may be setback a minimum distance of ten feet from the ordinary high water level.
(c) Uncovered and unenclosed decks, supported by post footings and which are unenclosed around the post footings or that area below the deck, may encroach a maximum of ten feet into the setback area from the ordinary high water level.
(H) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody.
Setback From
|
Setback |
Top of bluff | 30 ft |
Unplatted cemetery | 50 ft |
Right-of-way line of federal state, or county highway | 50 ft |
Right-of-way line of town road, public street, or other roads or streets not classified | 20 ft |
(I) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(J) Non-residential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall 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.
(K) Design criteria for structures.
(1) High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed shall be determined as follows:
(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minn. Rules, parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in divisions (G) and (H) if this water-oriented accessory structure complies with the following provisions:
(a) The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.
(b) The setback of the structure or facility from the ordinary high water level shall be at least ten feet;
(c) The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(d) The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area;
(e) The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and
(f) As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:
(a) Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(b) Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties;
(c) Canopies or roofs are not allowed on stairways, lifts, or landings;
(d) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and build in a manner that ensures control of soil erosion;
(e) Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
(f) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (K)(3)(a) to (e), above, are complied with in addition to the requirements of Minn. Rules, Chapter 1340.
(4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(5) Steep slopes. The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(L) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height.
(M) 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 division (O) are exempt from the following vegetation alteration standards.
(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 if permitted as part of a development approved by the City Council 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 of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, 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;
2. Along rivers, existing shading of water surfaces is preserved; and
3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(N) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this subchapter. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
(O) Placement and design of roads, driveways, and parking areas.
(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall 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.
(2) Roads, driveways, and parking areas shall meet structure setbacks and shall 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 shall be designed to minimize adverse impacts.
(3) Public and 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 subpart are met.
(P) Stormwater management. Impervious surface coverage of lots shall not exceed 25% of the lot area, except 35% is permitted for medium/high density residential zones developed in accordance with Planned Residential District.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)