§ 154.100  CANNON RECREATIONAL RIVER DISTRICT OVERLAY.
   (A)   Purpose. The purpose of this section of the zoning code is to regulate development within the Cannon Recreational River District as required by M.S. §§ 104.31 through 104.40, as they may be amended from time to time, Minn. Rules part 6105 and the Cannon River Management Plan (Minn. Rules parts 6105.1550 through 6105.1700).
   (B)   Scope, interpretation and application.
      (1)   The provisions of this chapter shall apply to all lands located within 300 feet of the banks of the Cannon River, within the corporate limits of the City, in accordance with the Land Use District descriptions of Minn. Rules part 6105.1680.
      (2)   The provisions of this chapter shall be interpreted to be minimum requirements. Where definition of any of the terms of this chapter are in dispute, the definitions of Minn. Rules parts 6105.0040 and 6105.2500 shall be controlling.
      (3)   The provisions of Minn. Regs. NV 82-84 and NV 78-81 shall apply within the Cannon Recreational River District as specified in the Cannon River Management Plan (6 MCAR § 1.2900). Where the provisions of this chapter or any other ordinance are in conflict with the above mentioned regulations, the regulations shall take precedence. Copies of the aforementioned regulations shall be kept on file with the office of the City Clerk-Treasurer.
      (4)   The provisions of this chapter shall be considered as an overlay-type district. All provisions of any underlying zoning district which are required by other zoning ordinances shall remain in effect unless superseded by a more restrictive provision contained in this chapter.
   (C)   Permitted uses. Permitted uses in the overlay district include:
      (1)   Public recreational uses; and
      (2)   All permitted uses allowed in the underlying zoning district, unless listed as a conditional or prohibited use in this chapter.
   (D)   Conditional uses.
      (1)   All uses considered conditional uses in the underlying zoning district shall be considered conditional uses under this chapter, unless prohibited by this or other applicable ordinances.
      (2)   Private campgrounds (subject to the conditions of Minn. Rules parts 6105.1630 through 6130.1670);
      (3)   Other private open space uses (subject to the conditions of Minn. Rules parts 6105.1610 et seq.);
      (4)   Utility transmission lines (subject to the conditions of Minn. Rules part 6105.0170 and 6105.0180);
      (5)   Public roads (subject to the conditions of Minn. Rules 6105.0190);
      (6)   Canoe rental establishments (subject to the conditions of Minn. Rules part 6105.1610); and
      (7)   Sand and gravel extraction (subject to the conditions of Minn. Rules 6105.1610, subp. 5).
   (E)   Prohibited uses.
      (1)   Inner tube rental establishments;
      (2)   Commercial manufacturing of sand and gravel by-products; and
      (3)   Any other uses not listed as permitted or conditional in this chapter or the underlying zoning district.
   (F)   District provisions.
      (1)   The following standards for general development waters shall apply to all lands located on the N1/2 of the N1/2 of Section 15 and in Section 10 of T111N, R20W, that are within 300 feet of the ordinary high water mark (bank) of the Cannon River. The following standards for natural environment waters shall apply to all lands located in the S1/2 of the N1/2 of Section 15 and Section 11 of T111N R20W, that are within 300 feet of the ordinary high water mark (bank) of the Cannon River.
      (2)   Dimensional standards:
Natural Environment Waters
General Environment Waters
Natural Environment Waters
General Environment Waters
 
S1/2 of N1/2 of Sec. 15 and Sec. 11, T111N, R20W
N1/2 of N1/2 of Sec. 15 and Sec. 10, T111N, R20W
Building height limitation*
35 feet
35 feet
Building setback from ordinary high water mark
200 feet
75 feet
Building setback from roads and highways
50 feet (federal, state or county)
20 feet (municipal or private)
Lot area
80,000 square feet
20,000 square feet
Sewage system setback from ordinary high water mark
150 feet
50 feet
Sewage system elevation above highest ground water level or bedrock
3 feet
3 feet
Sewered Areas: All provisions for unsewered areas shall apply to sewered areas, except for the following, which shall supersede the provisions applied to unsewered areas:
   Lot area waterfront lots
Other lots
40,000 square feet 20,000 square feet
15,000 square feet 10,000 square feet
Building setback from ordinary high water mark
150 feet
50 feet
Water frontage and lot width at building line
125 feet
75 feet
NOTES TO TABLE:
* Does not apply to buildings used for agricultural purposes.
 
         (a)   Between the ordinary high water mark (bank) and the applicable building setback line, clear cutting of trees over four inches in diameter shall be prohibited. Clear cutting landward of the setback lines shall be limited to the minimum necessary to accommodate permitted or conditional uses.
         (b)   Grading and filling in of the natural topography shall require a grading and filling permit from the Zoning Administrator prior to initiation of any such work. Such a permit may be issued if the conditions of Minn. Rules part 6105.0160 and part 6120.3300, subp. 4 are satisfied.
         (c)   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 any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. Soil percolation rate tests and soil borings shall be required in any proposed subdivision within the Cannon River District, to establish the suitability of the land for development. The testing is required before any final plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available.
         (d)   Planned unit developments may be allowed in this district if preliminary plans are first approved by the Commissioner of Natural Resources. Lot size, setbacks and structure height requirements may be varied for a planned unit development in accordance with state regulation.
         (e)   When land in the Cannon River Recreational district is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling and vegetative cutting until the City adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This provision does not apply to work for which lawful permits were previously issued.
         (f)   No structures shall be placed in the floodway of the Cannon River. Structures may be placed outside of the floodway; provided that, they are elevated above the level of the 100-year flood, in accordance with Minn. Rules part 6120.5000 et seq. or any ordinance adopted pursuant to M.S. § 104.04, as it may be amended from time to time.
         (g)   No structure shall be placed on land that slopes over 13% unless the conditions of Minn. Rules part 6120.3300 are fully met.
   (G)   Sanitary standards.
      (1)   No person, firm or corporation shall install, alter, repair or extend an individual sewer treatment system without first obtaining a permit for such action from the Zoning Administrator or other person designated by the City Council.
      (2)   No permit to install, alter, repair or extend an individual sewer treatment system shall be issued where public collection and treatment facilities are available and feasible.
      (3)   All individual sewer treatment systems shall be installed in conformance with the requirements of this chapter and the state’s Individual Sewage Treatment Systems Standards (Minn. Rules parts 7080.1050 et seq.), which is hereby adopted as part of this chapter. A copy of these standards shall be on file in the office of the City Clerk-Treasurer.
   (H)   Non-conforming uses. Non-conforming sanitary systems: see § 154.025 of this chapter.
   (I)   Administration.
      (1)   Permits are required for building, moving or altering a structure; grading and filling of land; and for individual sewage systems installation, alteration or repair within the Cannon Recreational River District.
      (2)   The Zoning Administrator shall send copies of all notices of hearings or meetings and final decisions relating to plats, variances, ordinance, amendments, planned unit developments and conditional use permits affecting any land within this district to the appropriate DNR office at least ten days prior to the hearing and within ten days of the final action. Final decisions on variances and ordinance amendments shall not become effective until certified by the DNR, in accordance with Minn. Rules part 6105.0040.
      (3)   Variances and zoning amendments to the ordinance are subject to the definition, administrative requirements and conditions of Minn. Rules part 6105.0040.
(Ord. passed 3-20-2002, § 17)