A. Design Criteria for Structures.
1. Structures must be constructed in accordance with the provisions of the Floodplain Management Ordinance (Chapter 7F of the City Code). In those areas not covered by the Flood Plain Management Ordinance, the elevation of flood proofing or the lowest floor, including basement, shall comply with the following:
(a) The lowest floor shall be above the highest known ground water level, three feet above the ordinary high water level, or one foot above the flood of record, whichever is higher. In those instances where sufficient data on known high water elevation are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. The lowest floor shall also be three feet above any mottled or saturated soil. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected and the stabilized fill elevation approved by the Zoning Administrator.
(b) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the required flood protection elevation, electrical and mechanical equipment is placed above this elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
2. Access up and down bluffs and steep slopes to shore areas shall be by stairways and lifts. Stairways and lifts must meet the following design requirements:
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be allowed by conditional use permit for commercial properties, public and semi-public open-space recreational properties, and planned unit developments.
(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in areas. Landings larger than 32 square feet may be allowed by conditional use permit for commercial properties, public and semi-public open-space, recreational properties, and planned unit developments.
(c) Canopies or roofs are not allowed on stairways, lifts, or landings. 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 built in a manner that ensures control of soil erosion.
(d) Stairways, lifts, and landings must 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.
(e) Facilities such as ramp, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore area, if they are consistent with the dimensional and performance standards of this ordinance and the requirements of Minnesota Rules, Chapter 1341.
3. Water Oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:
(a) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios;
(b) The structure or facility is not in the Bluff Impact Zone;
(c) The setback of the structure or facility from the ordinary high water level must be at least ten feet;
(d) The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245;
(e) The structure or facility must 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;
(f) The room may be used as an open air deck with safety rails but must not be enclosed with a roof or sidewalls or used as a storage area;
(g) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities;
(h) As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; and
(i) Water oriented accessory structures may have the lowest floor level placed lower than the elevation previously specified so long as the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above such elevation, and if long duration flooding is anticipated, the structure is built to withstand ice actions and wind-driven waves and debris.
4. The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuance of a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, by the Zoning Administrator, 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.
5. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
6. Buildings and places of public assembly, or additions thereto, shall not, after August 27, 1991, be constructed closer to a pipeline than the boundary of the pipeline easement as provided in Minnesota Rules Parts 7535.0100-7535.0500.
B. Shoreland Alternations. Alterations of vegetation and of topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation alterations:
(a) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this ordinance are exempt from these standards.
(b) Removal or alteration of vegetation, is allowed subject to the following standards:
(1) 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 as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district, or other qualified agent, and approved by the Zoning Administrator.
(2) 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 to 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, leaf-on conditions, is not substantially reduced.
2) Along rivers and streams, existing shading of water surfaces shall be preserved.
3) The foregoing provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(3) Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both.
2. Topographic Alterations:
(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under construction permits issued for these facilities do not require the issuance of a separate grading and filling permit. However, such grading and filling shall comply with the grading and filling standards in this section.
(b) Roads and parking areas as regulated in Section 7E-510C.
(c) Notwithstanding Items (a) and (b) above, a grading and filling permit will be required for:
1) The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones.
2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(d) All grading, filling, and/or excavations shall comply with the following requirements:
1) Grading or filling in of any type wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR, or US Army Corps of Engineers;
2) Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
3) Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and establishing permanent, deep rooted and dense vegetation cover as soon as possible.
4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used.
5) Altered areas shall be stabilized to acceptable erosion control standards consistent with Minnesota Pollution Control Agency’s “Best Management Practices” and field office technical guides of the soil and water conservation district.
6) Fill or excavated material shall not be placed in a manner that creates an unstable slope.
7) Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater.
8) Fill or excavated material must not be placed in bluff impact zones.
9) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
10) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
11) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.
C. Roads, Driveways, and Parking Areas. The following shall apply to the placement and design of roads, driveways, and parking areas:
1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.
2. Documentation must 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 all City Standards.
3. Private and public roads, driveways, and parking areas must meet structure setbacks and must 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 must be designed to minimize adverse impacts.
4. Public and private 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. For private facilities, the grading and filling provisions of this Ordinance shall also be met.
D. Sewer and Water Systems. All public and private sewer and water systems shall be consistent with the requirements of Chapter 14 of the City Code.
E. Stormwater Management. Stormwater management shall be consistent with the requirements of Chapter 7D of the City Code. In general, the following storm water management standards shall apply:
1. When possible, existing natural drainageways, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
2. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas shall be stabilized and protected as soon as possible and facilities or methods used which will retain sediment on the site.
3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds shall be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
4. Impervious surface coverage of lots must not exceed 25 percent of the lot area, except as otherwise provided in this Chapter.
5. When constructed facilities are used for stormwater management, documentation must be provided to the Zoning Administrator by a qualified individual that they are designed and installed consistent with the field office technical guide of the Soil and Water Conservation District.
6. Stormwater outfalls to public waters, constructed after the effective date of this ordinance, must be consistent with Minnesota Rules, part 6115.0231.
F. Commercial, Industrial, Public, and Semipublic Use Standards.
1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters and shall comply with the following standards:
(a) The use must be designed to incorporate topographic and vegetative screening of parking areas and structures.
(b) Uses that require short-term watercraft mooring for patrons must be centralized and designed to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
(c) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
(1) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.
(2) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters.
(3) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
2. Uses without water-oriented needs shall be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by topography or vegetation, assuming summer, leaf-on conditions.
G. Agriculture Use Standards.
1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under a conservation plan approved by the Zoning Administrator. The shore impact zone for permitted agricultural land uses shall be 50 feet.
2. Animal feedlots shall meet the following standards:
(a) New feedlots shall not be located in the shoreland of watercourses or in bluff impact zones and shall meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins.
(b) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
H. Extractive Use Standards.
1. An extractive use site development and reclamation plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address, at a minimum, dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetative and topographic alterations. It shall all identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be reclaimed after extractive activities are terminated.
2. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
[Amended by Ord. No. 22-02, effective August 23, 2023]