(A) Purpose and intent. The purpose of the Cannon River Wild and Scenic River District is:
(1) Conserve and protect the natural scenic values and resources of the Cannon River and to maintain a high standard of environmental quality;
(2) Regulate the area of a lot and the length of bluff land and water frontage suitable for building sites to reduce the effects of overcrowding and provide ample space on lots for sanitary facilities;
(3) Regulate the setbacks of structures and sewage treatment systems from bluff lines and shorelines;
(4) Regulate alterations of then natural vegetation and topography;
(5) Maintain property values and prevent poorly planned development;
(6) Preserve natural beauty and quietude;
(7) Prevent pollution;
(8) Designate land use districts along the bluff land and shoreline of the Cannon River; and
(9) Protect and preserve the Cannon River, its tributaries and its adjacent land that possesses scenic values of the Cannon River by ensuring development within this river corridor is consistent with the Wild, Scenic and Recreational Statewide Standards (Minn. Rules parts 6105.0010 through 6105.0250; Minn. Rules parts 6105.1550 through 6105.1700) and the Scenic Rivers Act (M.S. §§ 103F.301 through 103F.345).
(B) General provisions.
(1) Jurisdiction. The jurisdiction of this section shall include all lands designated within the Cannon River land use district in the ARD based on upon the Cannon River Management Plan, Minn. Rules part 6105.1680 and are delineated on the official zoning map of the ARD.
(2) Compliance. The use of any land within the Cannon River Wild and Scenic River District overlay district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the filling, grading, dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Permits from the Zoning Administrator are required by this section and this division (B) for the construction of structures, public or private water supply and sewage treatment systems, the upgrading and filing of the natural topography and erection of signs within the Cannon River Wild and Scenic River Overlay Land Use District.
(C) Rules.
(1) It is not intended by this section to repeal, abrogate or impair any existing easement, covenants, deed restrictions or land use controls. Where this section imposes greater restrictions, the provisions of this section shall prevail. In case of conflict between a provision of the state’s Wild, Scenic and Recreational River Statutes and statewide standards and criteria and some other law of the state or provisions of existing ordinances, the more protective provision shall apply.
(2) In their interpretation and application, the provisions of this section shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by state statutes.
(3) The provisions of this section shall be severable, and the invalidity of any paragraph, subparagraph or division thereof shall not make void any other paragraph, subparagraph, division or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this section or the application of this section to a particular property, building or other structure, the judgment shall not affect any other provision of this section or any other property, building or structure not specifically included in the judgment.
(4) The word “shall” is mandatory, not permissive. All distance, unless otherwise specified, shall be measured horizontally.
(5) For the purposes of this section, words and terms are as defined in § 155.03 of this chapter.
(D) Overlay Land Use District provisions.
(1) Districts.
(a) In order to preserve and protect the Cannon River and its adjacent lands that possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Cannon River in Bridgewater Township has been given a Wild and Scenic Rivers Classification and the uses and classification the river and its adjacent lands are hereby designated by overland land uses zoning districts, the boundaries of which are based on the Cannon River Management Plan and Minn. Rules part 6105.1680.
(b) The boundaries of the Cannon River Wild and Scenic Overlay District are shown on the official zoning map of the ARD, which is made a part of this chapter and is on file with the Zoning Administrator. In case of conflict between the map and the property descriptions in the Cannon River rule, the more restrictive shall prevail.
(c) If land is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until this section is amended. The amended section shall meet the provisions of the plan that applied to the land before the transfer.
(2) Purpose. The purpose of establishing standards and criteria for the management of the Cannon River Wild and Scenic River Overlay District shall be to preserve and protect existing and natural, scenic, historical, scientific and recreational values, to reduce the effect of overcrowding and poorly planned development of adjacent lands, to prevent pollution, to preserve natural beauty and quietude, to maintain proper relationships between various land use types and to prohibit new uses that are inconsistent with the statewide standards and criteria for Wild and Scenic Rivers, Minn. Rules parts 6105.0010 through 6105.0250.
(3) Permitted, conditional and interim uses.
(a) Permitted, conditional and interim uses are as specified in the table in § 155.06 of this chapter. All other uses shall be considered prohibited, except for the following governmental and public activities:
1. Governmental campgrounds subject to management plan specifications;
2. Other governmental open space recreational uses subject to management plan specifications;
3. Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; and accessory roads;
4. Public access and trail access subject to management plan specifications; and
5. Public access, road access with boat launching facilities subject to management plan specifications.
(b) Permitted and conditional or interim uses may be combined on a single parcel; provided that, each use meets the general, density, specific and performance standards of this chapter and any other applicable provisions of this chapter.
(4) Non-conforming uses. Uses that are prohibited but which are in existence prior to adoption of this section shall be non-conforming uses. The uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most current permit prior to the adoption of this chapter.
(E) Zoning dimensions.
(1) Minimum district dimensional requirements. The following chart sets forth the minimum lot size and width, setbacks and other requirements in the Cannon River Wild and Scenic River Overlay District:
Standard | Minimum Requirements |
Standard | Minimum Requirements |
Building setback from ordinary high water level | 100 feet |
Building setback from top of bluff | 30 feet |
Controlled vegetative cutting area: setback from ordinary high water level Setback from top of bluff | 100 feet 30 feet |
Lot size and density * There shall be no more than 1 dwelling unit per lot | Minimum lot size is 2.5 acres |
Lot width at building line | 250 feet |
Lot width at ordinary high water level | 250 feet |
Maximum structure height | 35 feet |
On-site sewage treatment system setback from ordinary high water level | 75 feet |
(2) Slopes. Structures shall not be located on slopes greater than 12% unless the structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this chapter are complied with, and the building permit application can prove to the Zoning Administrator that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems though special construction methods.
(3) Placement in floodways. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with statewide standards and criteria for the management of floodplain areas of the state (Minn. Rules parts 6120.5000 through 6120.6200) and division (K) below.
(F) Substandard lots.
(1) Lots of record in the office of the County Recorder on the effective day of enactment of this chapter that do not meet the dimensional requirements of this section shall be allowed as building sites; provided, the proposed use is permitted in the land use district; the lot was in separate ownership on the date of enactment of this section; all sanitary requirements are complied with; and dimensional provisions are complied with to the greatest extent possible.
(2) If, in a group of two or more contiguous lots under a single ownership and any individual lot does not meet the minimum lot width requirements of this section, the individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of this section.
(G) Substandard uses. All uses in existence prior to the effective date of enactment or amendment of this chapter that are permitted uses within the Cannon River land uses district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this section are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: any structural alteration or addition to a substandard use that will increase the substandard dimension shall not be allowed.
(H) Sanitary provisions; water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency and local administrative procedures. Private wells must be located, constructed, maintained and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the state’s Department of Health.
(I) Sewage treatment.
(1) Sewage treatment. Any premises intended for human occupancy must be provided with an adequate method of sewage treatment. Publicly-owned sewer systems must be used where available. Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the state’s Department of Health, the state’s Pollution Control Agency, specifically Minn. Rules Ch. 7080 for individual sewage treatment systems, the standards of this section, and any other applicable standards of this chapter.
(2) Non-conforming sewage treatment systems.
(a) A non-conforming sewage treatment system not meeting the requirements of this section must be upgraded, at a minimum, whenever a permit or variance of any type is required for any improvement on, or use of, the property.
(b) For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
(c) All non-conforming sewage treatment systems shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.
(J) Landscape alterations.
(1) Vegetative cutting.
(a) The vegetative cutting provisions in this section shall apply to those areas specified in division (J)(2) below.
(b) The following general provisions apply within designated setback areas.
1. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
2. Selective cutting of trees in excess of four inches in diameter at four feet in height is permitted; provided, cutting is spaced in several cutting operations, a continuous tree cover is maintained, and is uninterrupted by large openings.
(2) Clear cutting. Clear cutting anywhere in the designated Cannon River Wild and Scenic Overlay District is subject to the following standards and criteria.
(a) Clear cutting shall not be used as a cutting method where soil, slope or other watershed conditions are determined by the Zoning Administrator to be fragile and subject to severe erosion and/or sedimentation.
(b) Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.
(c) The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.
(d) Where feasible, all clear cuts shall be conducted between September 1 and May 1. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
(K) Grading, filling, alterations of the beds of public waters.
(1) Grading and filling of the natural topography that is not accessory to a permitted, conditional or interim use shall not be permitted in the land use districts.
(2) Grading and filling of the natural topography that is accessory to a permitted, conditional or interim use shall not be conducted without a grading and filling permit from the Zoning Administrator. A grading and filling permit may be issued only if the following conditions are property satisfied:
(a) Grading and filing shall be performed in a manner that minimizes earthmoving, erosion, tree clearing and the destruction of natural amenities;
(b) The smallest amount of bare ground is exposed for as short a time as possible;
(c) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
(d) Methods to prevent erosion and trap sediment are employed; and
(e) Fill is stabilized to accepted engineering standards.
(3) Excavation of material from, or filling in a Wild and Scenic River, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to M.S. § 103G.245, as it may be amended from time to time, which requires a permit from the Commissioner before any change is made in the course, current or cross-section of public waters.
(4) Drainage or filling of wetlands is not allowed within the land use districts designated by this chapter.
(L) Utility transmission crossings.
(1) All utility crossings of the Cannon River or state lands within the Cannon River Land Use District require a license from the Commissioner pursuant to M.S. § 84.415, as it may be amended from time to time.
(2) All utility transmission crossings constructed within the Cannon River Land Use District shall require a conditional use permit. The construction of the transmission services shall be subject to Minn. Rules parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage lines under control of the Environmental Quality Board (EQB) pursuant to M.S. § 216E.10, as it may be amended from time to time.
(M) Public roads.
(1) In addition to such permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of public roads within the Cannon River Land Use District. The construction or reconstruction shall be subject to Minn. Rules part 6105.0190 and 6105.0200.
(2) Public roads include township, county and municipal roads, streets and highways that serve or are designated to serve flows of traffic between communities or other traffic generating areas. A conditional use permit is not required for minor public streets that are intended to serve primarily as an access to abutting properties.
(N) Bridges. The development of bridges cited in Minn. Rules part 6115.0230 and 6115.0231, shall comply with the construction and permit requirements of Minn. Rules parts 6105.0190 and 6105.0200. The reconstruction, replacement or upgrading of existing bridge crossings shall comply with Minn. Rules parts 6105.0190 and 6105.0200.
(O) Subdivisions; land suitability.
(1) No land shall be subdivided that is determined by the Zoning Administrator or the Commissioner, to be unsuitable because of flooding, inadequate drainage, unique natural features, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(2) No plat or subdivision within the Cannon River District shall be approved by the Planning Commission until the applicant has proven, through percolation rate tests, soil boring tests and other requirements of Minn. Rules Ch. 7080, that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.
(3) The provisions otherwise set forth in this section and in division (M) above shall apply to all plats.
(P) Administration; certification procedure.
(1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider ordinances, zoning amendments, variances or inconsistent plats under this section shall be sent so as to be received by the Commissioner at least 30 days prior to the hearings or meetings to consider the requests. The notice or application shall include a copy of the proposed amendment, or a copy of the proposed inconsistent plat, or a description of the requested variances.
(2) The Planning Commission shall notify the Commissioner of its final decision on the proposed action within ten days of the decision.
(3) The Commissioner shall, no later than 30 days from the time he or she receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of denial.
(4) The action becomes effective when and only when either:
(a) The final decision taken by the Planning Commission has previously received certification of approval from the Commissioner;
(b) The Planning Commission receives certification of approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the Planning Commission has received from the Commissioner neither certification of approval, nor notice of denial; or
(d) The Commissioner certifies his or her approval after conducting a public hearing.
(5) In case the Commissioner gives notice of denial of an ordinance, amendment, variance or inconsistent plat, either the applicant or the Chairperson of the Planning Commission may, within 30 days of the notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of denial becomes final.
(a) The hearing will be held in an appropriate local community within 60 days of the demand and at least two weeks’ published notice.
(b) The hearing will be conducted in accordance with M.S. § 103G.311, subd. 2, 6 and 7, as they may be amended from time to time.
(c) The Commissioner shall either certify his or her approval or deny the proposed action within 30 days of the hearing.
(Q) Amendments.
(1) Requests for amendments of this section may be initiated by a petition of affected property owners or by action of the Planning Commission. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study. Amendments to this section shall be processed as outlined in § 155.04(E) of this chapter.
(2) An application for an amendment shall be filed with the Zoning Administrator.
(3) Upon receipt in proper form of the application and other requested materials, a public hearing shall be conducted in the manner prescribed by state statutes. Following the public hearing and recommendation by the Planning Commission, the City Council may adopt the amendment in the manner prescribed by state statutes and as outlined in § 155.04(E) of this chapter.
(4) Certification from the Commissioner must be obtained as specified in division (Q)(3) above before the proposed amendment becomes effective.
(R) Variances.
(1) The grant of a variance in the Cannon River Wild and Scenic Overlay District requires the presence of the following conditions:
(a) The strict enforcement of the land use controls will result in unnecessary hardship;
(b) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with this chapter;
(c) There are exceptional circumstances unique to the subject property that were not created by the landowner;
(d) Granting of the variance will not allow any use which is neither permitted or permitted with a conditional or interim use permit in the land use district in which the subject property is located;
(e) Granting of the variance will not alter the essential character of the locality; and
(f) Exceptions for lots that do not meeting the minimum lot width requirements of this section. Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots that do not meet the minimum lot width requirements of this section.
(2) All granted variances to the requirement of this section must be certified in accordance with this chapter before they become effective.
(S) Plats.
(1) Copies of all plats within the Cannon River Land Use District shall be forwarded to the Commissioner within ten days of approval by the Planning Commission.
(2) Approval of a plat that is inconsistent with this section is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
(3) All inconsistent plats approved by the Planning Commission must be certified in accordance with this section.
(T) Conditional use permit application review by DNR.
(1) A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days prior to a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of the action.
(2) Any conditional use permit for governmental campgrounds, private campgrounds, public accesses with boat launching facilities, public accesses with trail access, governmental open space recreational uses and private open space recreational uses require approval by the Commissioner.
(U) Procedures summary. The following table summarizes permit, review and certification procedures within the Cannon River Land Use District designated by this section:
Types of Activities | Procedures |
Types of Activities | Procedures |
Amendments to ordinance | PH - FD - CC |
Building permits | LP |
Conditional use permits | PH - FD |
Grading, filing permits | LP |
Inconsistent plats | PH - FD - CC |
Planned cluster developments | PH - PA - FD - CC |
Plats | FD |
Sewage system permits | LP |
Sign construction permits | LP |
Variances | PH - FD - CC |
Water supply permits | LP |
NOTES TO TABLE: LP - Permit issued by Building Official or Zoning Administrator in accordance with this section and this chapter PH - Copy of public hearing notice or application sent so as to be received by the Commissioner at least 30 days prior to the hearing or meeting CC - Action becomes effective only when the Commissioner certifies its compliance with the Act, statewide standards and criteria, and the Cannon River rules FD - A copy of the final determination is forwarded to the Commissioner PA - Preliminary plans approved by the Commissioner prior to their enactment | |
(V) Enforcement.
(1) It is declared unlawful for any person to violate any of the terms and provisions of this section. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
(2) In the event of a violation or a threatened violation of this section, the Planning Commission, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain or abate the violations or threatened violations.