(A) Purpose and Authorization:
1. Purpose: The uncontrolled use of shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and 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 resources. The city of Farmington hereby recognizes this responsibility.
2. Statutory Authorization: This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Annotated, chapter 103F, Minnesota regulations, parts 6120.2500–6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Annotated, chapter 462.
(B) General Provisions:
1. Jurisdiction: The provisions of this section shall apply to the shoreland of the public water bodies as identified in subsection (D) of this section. Pursuant to Minnesota regulations, parts 6120.2500–6120.3900, flowage less than ten (10) acres in size is exempt from the requirements under this section.
2. Application: This section shall apply to any applicant for a subdivision approval, or permit for grading, excavation, or mining in shoreland areas issued after July 15, 2002. This section applies to all land located within the defined shoreland.
3. Abrogation and Greater Restriction: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections of this code inconsistent with this section are hereby repealed to the extent of the inconsistency only.
4. Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations.
5. Interpretation: In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
6. Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(C) Administration:
1. Variances: The planning commission 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 subsection (C)2 of this section shall also include the summary of the public record/testimony and the findings of fact and conclusions that support the issuance of the variance.
2. Notifications to the Department of Natural Resources: Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked within ten (10) days of final action.
3. Mandatory EAW: An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a.
(D) Shoreland Classification System and Land Uses:
1. Shoreland Classification System: The public waters of the city of Farmington have been classified below consistent with the criteria found in Minnesota regulations, part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota.
(a) | Agricultural Rivers | Location |
Vermillion River | T. 113N, R. 20W, Section 1 and | |
T. 114 N, R. 19W, Sections 29, 30, and 31 | ||
And R. 20W, Section 36 | ||
(b) | Tributary Rivers/Streams* | |
North Creek | T. 114N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and | |
T. 114N, R. 19W, Sections 18, 19, and 30 | ||
Middle Creek | T. 114N, R. 19W, Section 30 and | |
T. 114N, R. 20 W, Sections 15, 16, 17, 21, 22, 25 and 26 | ||
South Creek | T. 114N, R.20W, Sections 19, 20, 29, 32, 33, 34, 35, and 36 | |
*All protected watercourses in the city of Farmington shown on the protected waters inventory map for Dakota County, a copy of which is hereby adopted by reference, not given a classification above shall be considered "tributary". | ||
The shoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map).
2. Land Uses for Rivers and Streams Shoreland:
(a) The land uses for the given classifications of water bodies shall comply with the table below as well as the uses underlying zoning district; the more restrictive shall apply.
P = Permitted use |
C = Conditional use |
N = Prohibited use |
Agricultural | Tributary
|
Agricultural | Tributary
| |
Single-unit detached dwelling | P | P |
Twin home, two-unit, and three- to four-unit dwellings | P | P |
Residential PUD | C | C |
Commercial | C | C |
Commercial PUD* | C | C |
Solar Power Facilities (principal use) | C | C |
Parks/historic sites | P | P |
Public/Semipublic | C | C |
Industrial | N | C |
Agricultural: cropland and pasture | P | P |
Agricultural feedlots: New | N | N |
Agricultural feedlots: Expansion or resumption of existing | C | C |
Forest management | P | P |
Extractive use | C | C |
*Limited expansion of a commercial planned unit development involving up to 6 additional dwelling units or sites may be allowed as a permitted use provided the provisions of the city's PUD requirements are satisfied. | ||
(b) Interpretation:
(1) When an interpretation question arises about whether a specific land use fits within a give “use” category, the Planning Commission shall decide the issue.
(2) When a question arises as to whether a land use district’s boundaries are property delineated on the official zoning map, this decision shall be made by the city council.
(E) Zoning and Water Supply/Sanitary Provisions:
1. Lot Area And Width Standards:
(a) Rivers/Stream Lot Width Standards:
(1) There is no minimum lot size requirement for rivers and streams. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this section for the river and stream classifications are the following:
Agricultural | Tributary
|
150 | 75 |
225 | 115 |
300 | 150 |
375 | 190 |
(2) Residential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments.
(b) Special Provisions for Planned Unit Developments (PUDs);
(1) Processing of PUDs: Planned unit developments in the Shoreland District must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section 10-5-19. When there is a conflict in requirements, the more stringent of the reguirements shall be applied.
(2) Density Determination: Proposed new or expansions to existing planned unit developments in the Shoreland District must be evaluated using the following procedures:
A. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one of more lines parallel to the ordinary high water level at intervals of 300 feet, proceeding landward.
B. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.
C. Determine Base Density.
i. For residential PUDs. divide the tier width by the minimum single residential lot width.
ii. Lot width standards must be met at both the ordinary high water level and at the building line.
iii. These standards assume that publicly owned sewer system service is available to the property.
D. Determine if the Site can Accommodate Increased Density: Increases to the dwelling unit or dwelling site base densities are allowed up to the maximum density seen in the table below if all design criteria are met as well as the following standards are met:
i. Structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback: or
ii. The impact on the waterbody is reduced an eguivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least twenty five percent (25%) greater than the minimum setback.
Shoreland Tier | Maximum Density Increase within each Tier (percent) |
1st | 50 |
2nd | 100 |
3rd | 200 |
4th | 200 |
5th | 200 |
(3) Design Criteria. All PUDs in the Shoreland must meet the following design criteria.
A. General Design Standards
i. All residential planned unit developments must contain at least five (5) dwelling units or sites.
ii. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.
iii. Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment. may be provided for use by occupants of dwelling units or sites located in other tiers.
iv. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
v. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized.
B. Open Space Requirements:
i. Open space must constitute at least fifty percent (50%) of the total project area and must include:
(1) Areas with physical characteristics unsuitable for development in their natural state:
(2) Areas containing significant historic sites or unplatted cemeteries.
ii. Open space may include:
(1) Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staving in commercial dwelling units or sites, and by the general public;
(2) Non-public water wetlands.
iii. Open space shall not include:
(1) Dwelling sites or lots, unless owned in common by an owners association;
(2) Dwelling units or structures, except water-oriented accessory structures or facilities;
(3) Road rights-of-way or land covered by road surfaces and parking areas;
(4) Land below the OHWL of public waters; and
(5) Commercial facilities or uses.
2. Placement, Design and Height of Structures:
(a) Placement of Structures on Lots:
(1) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.
(2) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area.
(3) Structures and onsite sewage treatment systems shall be set back (in feet) from the ordinary high water level as follows:
Water Classification
| Structures Unsewered
| Sewered
| Sewage Treatment Systems
|
Agricultural river | 100 | 100 | 100 |
Tributary river/stream | 100 | 50 | 75 |
Where averaging is allowed, structure setbacks cannot be less than fifty percent (50%) of the minimum setback.
(b) Design Criteria for Structures:
(1) Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal structure setback requirements of this section if this water oriented accessory structure complies with the following provisions:
A. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight feet (8') above grade at any point.
B. The setback of the structure or facility from the ordinary high water level must be at least ten feet (10').
C. 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.
D. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area.
E. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(2) High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site.
(3) Structures Without Water Oriented Needs: Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both.
3. Shoreland Buffer Areas:
(a) Application: For lots of record created after July 15, 2002, a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow.
(b) Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it:
(1) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five (5) consecutive years; or
(2) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five (5) consecutive years; or
(3) Contains a mixture of the plant communities in subsections (E)3(b)(1) and (E)3(b)(2) of this section that has been uncultivated or unbroken for at least five (5) years.
(c) Maintenance of Buffer Areas: Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if:
(1) Topography or sparse vegetation tends to channelize the flow of surface water.
(2) Some other reason the vegetation is unlikely to retain nutrients and sediment.
(d) Requirements for Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards:
(1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area.
(2) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species.
(3) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction.
(4) During the first five (5) full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities.
(5) No fertilizer shall be used in establishing new buffer areas.
(6) Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements.
(e) Buffer Identification: Buffer areas shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet (300') of wetland edge.
(f) Vegetation Clearing or Removal: The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife.
(g) Dumping in Buffer Areas: Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this section.
(h) Determination of Buffer Areas: All buffer areas are measured from the ordinary high water level as marked in the field.
(i) Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as shown and classified on map 1 - Vermillion River watershed attached to the VRWJPO standards, and as described for the various classifications below.
(1) Conservation corridor; lower reach (Vermillion River downstream of Biscayne Avenue): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river.
(2) Conservation corridor; upper reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river.
(3) Aquatic corridor; principal connector: Required buffer width one hundred foot (100') average, sixty five foot (65') minimum measured from the edge of the meander belt of the river.
(4) Aquatic corridor; principal connector with trout stream designation: One hundred foot (100'), no averaging, as required by the NPDES general construction permit.
(5) Aquatic corridor; tributary connector: Fifty foot (50') average, thirty five foot (35') minimum, plus two feet (2') for every one percent (1%) of slope measured from the edge of the meander belt of the tributary.
(6) Water quality corridor: Thirty foot (30') average, twenty foot (20') minimum where there is a flow path for concentrated surface runoff measured from the centerline of the flow path.
(j) Buffer Averaging: The city may recommend buffer averaging for buffers in areas designated manage 1, manage 2 or greenway corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on site contained in the buffer area remains the same. No buffer averaging is allowed for trout stream buffers.
(k) Public Trail Exemption: Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement.
(l) Maximum Width: If the area of the buffer has a preconstruction slope of twelve percent (12%) or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography.
(m) Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation:
(1) Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply.
(2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat.
(3) Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.
(4) Trout Streams: Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses that shade the stream.
(5) Area of Mitigation: Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city.
(6) Buffer Plantings: Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E)4 of this section.
4. Shoreland Alterations: Alterations of vegetation and 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.
(a) Vegetation Alteration:
(1) Standards: Removal or alteration of vegetation, except of agricultural uses as regulated in subsection (E)7 of this section is allowed subject to the following standards:
A. Intensive vegetation clearing within the shore zone and on steep slopes is prohibited.
B. In shore 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:
i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
ii. Existing shading of water surfaces is preserved along rivers; and
iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(2) Exemption: Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection (E)5 of this section are exempt from this subsection.
(b) Topographic Alterations/Grading and Filling:
(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
(2) Public roads and parking areas are regulated by subsection (E)5 of this section.
(3) Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section, a grading and filling permit will be required for:
A. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
B. The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.
Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.
(4) Conditions for Approval: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
A. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:
i. Sediment and pollutant trapping and retention;
ii. Storage of surface runoff to prevent or reduce flood damage;
iii. Fish and wildlife habitat;
iv. Recreational use;
v. Shoreline or bank stabilization; and
vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
*This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The applicant will be so advised.
B. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
C. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
D. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
E. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States soil conservation service;
F. Fill or excavated material must not be placed in a manner that creates an unstable slope;
G. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;
H. Fill or excavated material must not be placed in bluff impact zones;
I. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Annotated, section 105.42;
J. 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;
K. 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 (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
5. Placement of Roads, Driveways, and Parking Areas:
(a) Design Requirements: 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. Applicants shall provide documentation by a qualified engineer establishing 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.
(b) Setbacks: 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.
(c) Shore Impact Zones: Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this section must be met.
6. Stormwater Management:
(a) Natural Drainageways: When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(b) Reduction of Runoff Volumes: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(c) Design Criteria: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
(d) Impervious Surface Coverage: Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area.
(e) Documentation Required: When constructed facilities are used for stormwater management, documentation must be provided by a qualified engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district.
(f) Stormwater Outfalls: New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
7. Agricultural Use Standards:
(a) General Requirements: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States soil conservation service, as provided by a qualified engineer or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50') from the ordinary high water level.
(b) Animal Feedlot Standards: Animal feedlots must meet the following standards:
(1) New feedlots must not be located in the shoreland or watercourses or in bluff impact zones, and must meet a minimum setback of three hundred feet (300') from the ordinary high water level of all public water basins; and
(2) Modifications or expansions to existing feedlots that are located within three hundred feet (300') 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. (Ord. 010-629, 10-18-2010)
8. Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards:
(a) Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The Plan must:
(1) Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations;
(2) Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and
(3) Clearly explain how the site will be rehabilitated after extractive activities end.
(b) Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs.
(F) Nonconformities: All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback identified in subsection (E)2 of this section from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or body of water.
1. The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements of subsection (E)1 of this section. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to the following:
(a) A nonconforming single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements, provided that:
(1) All structure and septic setback distance requirements can be met;
(2) A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to public sewer; and
(3) The impervious surface coverage does not exceed twenty five percent (25%) of the lot.
(b) In a group of two (2) or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
(1) The lots must be at least sixty six percent (66%) of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota rules, chapter 6120;
(2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, and local government controls;
(3) Impervious surface coverage must not exceed twenty five percent (25%) of each lot; and
(4) The development of the lot must be consistent with an adopted comprehensive plan.
(c) A lot subject to subsection (F)1(b) of this section not meeting the requirements of subsection (F)1(b) of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.
(d) Notwithstanding subsection (F)1(b) of this section, contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota rules, chapter 7080, or connected to a public sewer.
(e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.
(f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. 011-642, 12-19-2011)
2. Additions/Expansions to Nonconforming Structures:
(a) Structure Additions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of subsection (E) of this section. Any deviation from these requirements must be authorized by a variance.
(b) Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(1) The structure existed on the date the structure setbacks were established;
(2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(3) The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
(4) The deck is constructed primarily of wood, and is not roofed or screened. (Ord. 010-629, 10-18-2010; amd. Ord. 021-761, 8-16-2021)