(A) Statutory authorization and policy.
(1) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes.
(2) Policy. The uncontrolled use of shorelands of the city 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 recognized by the city.
(B) Scope and applicability.
(1) The provisions of this section shall apply to the shorelands of the public water bodies as classified in this section and unclassified water bodies where applicable. A landscape/garden pond created by a private user where there was no previous water body may, at the discretion of the governing body, be exempt from this section.
(2) 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.
(3) The use of any shoreland of public water; the size and shape of lots; the use, size, type and location of structure 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 regulation and other applicable regulations.
(4) If any section, clause, provision, or portion of this section is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(5) The regulations contained in this section are in addition to and not in lieu of the other regulations contained in others sections of this chapter. All other regulations in this chapter that are inconsistent with the regulations of this section are repealed to the extent of the inconsistency only.
(C) Purpose. It is the intent and purpose of these regulations to:
(1) Designate suitable land use districts for each body of public water;
(2) Regulate the sanitary and waste treatment system for lots;
(3) Regulate the area of lot and the width of lots suitable for building sites;
(4) Regulate the alteration of shoreland of public waters;
(5) Regulate alterations of the natural vegetation and the natural topography along shorelands;
(6) Conserve natural resources and maintain a high standard of environmental duality;
(7) Preserve and enhance the quality of surface water;
(8) Preserve the natural environmental values of shorelands;
(9) Provide for the utilization of water and related land resources;
(10) Maintain water quality, reduce flooding and erosion, and provide sources of food and habitat for a variety of fish and wildlife.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in § 153.010 and to give this section its most reasonable application.
ACCESS CORRIDOR. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream, or wetland.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BLUFF LINE. A line along the top of a slope connecting points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than 18% and it only includes slopes greater than 18% that meet the following criteria:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 20 feet above the ordinary high water level of the water body;
(c) The slope must drain toward the water body;
(d) The average slope of 18% or more shall extend over a distance of 50 feet or more.
BUFFER STRIP. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation.
BUFFER WIDTH, MINIMUM. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream.
BUILDABLE LAND. Land with a slope less than 33% and outside of any required setbacks except that on a natural environment lake where a 200 foot structure setback is required, the buildable areas calculation shall be measured from a 153 foot setback rather than the required 200 foot setback, and above any 100 year floodplain, drainage way, or drainage easement.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
CLEAR CUTTING. The removal of an entire stand of trees.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
CONTROLLED ACCESS LOTS. Lots intended to provide access to the lake for residents of a particular development.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than 6 inches above ground.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under Minnesota Statutes.
FOREST LAND CONVERSION. The clear-cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
IMPERVIOUS SURFACE. The area of a lot (above the ordinary high water level) covered with buildings, including all appurtenances, driveways and sidewalks, and similar impervious materials. For the
purpose of this section, driveways that have a gravel base shall be considered impervious. Decks that allow drainage through the decking and that do not have a plastic weed barrier or some other material that would impede drainage into the ground and swimming pool water surface area shall not be considered impervious.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
LAKE, GENERAL DEVELOPMENT. Generally large, deep lakes of varying size and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common.
LAKE, NATURAL DEVELOPMENT. Generally small, often shallow lakes with limited capacities for assimilation of the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils.
LAKE, RECREATIONAL DEVELOPMENT. Generally medium-sized lakes of varying depths and shapes with a variety of land form, soil and ground water situations on the lakes around them. They often are characterized by moderate levels of recreational uses and existing development. Development consists mainly of seasonal and year-round residences and recreational-oriented commercial uses.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the minimum required setback line from the ordinary high water mark or road right-of-way.
NON-RIPARIAN. A lot with no lake frontage.
ORDINARY HIGH WATER LEVEL. The boundary of public waters shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool. On lakes with an ordinary high water
level established by the Minnesota Department of Natural Resources, that elevation shall be considered the
ORDINARY HIGH WATER LEVEL.
PUBLIC WATERS. Any waters as defined in Minnesota Statutes.
RIPARIAN. A lot with lake frontage.
RIVER, TRANSITION. A river designated as such by the Minnesota Department of Natural Resources.
RIVER, TRIBUTARY. Consists of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, top of a bluff, road, highway, property line, or other facility.
SEWAGE TREATMENT SYSTEM. An on-site septic tank and soil absorption system or other individual or cluster type sewage treatment system.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of public water and a line parallel to it at a setback of 50% of the required structure setback.
SHORELAND. Land which meets all of the following criteria from public waters:
(a) A portion of the lot must be located within 1,000 feet from the ordinary high water level of a lake, or 300 feet from a river or stream, or the landward extent of a floodplain designated by an ordinance on a river or stream, whichever is greater;
(b) A portion of the lot must fall within the Shoreland Zoning District as delineated on the Zoning Map;
(c) A lot must have public water frontage or be in the next tier of lots landward that has primary access from the same public or private road that serves the public water frontage lots (Tier Two lots).
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery.
STEEP SLOPE. Land where development or agricultural activity is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics. Where specific information is not available, STEEP SLOPE is a 12% slope measured over a horizontal distance of 50 feet.
TIER TWO. A lot or parcel of land which is across the street from a public or private road that serves the lots fronting a public water body.
TOE OF THE BLUFF. The lower point of bluff with an average slope exceeding 18%.
TOP OF THE BLUFF. The highest point of a bluff with an average slope exceeding 18%.
TRIBUTARY STREAM. A stream classified as such by the Minnesota Department of Natural Resources.
UNCLASSIFIED BODY OF WATER. Any lake, pond, backwater, swamp, marsh, wetland, stream, drainage way, flowage, river, floodplain, or other water-oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the Zoning Map.
VARIANCE. A modification or variation of the provisions of this section as applied to a specific lot or property, except that modification in the allowable uses in the district in which the property is located shall not be allowed as a variance.
VEGETATION, NATURAL. Plant life which is native to the location and which would normally grow if the ground were left undisturbed.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. For the purposes of the section, WETLANDS must have a predominance of hydric soils, be inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and under normal circumstances, support a prevalence of hydrophytic vegetation. WETLANDS generally include swamps, marshes, bogs, and similar areas.
(E) Administration.
(1) 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 removal 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. In cases where standards conflict with the standards of the base zoning districts, the more restrictive standard will prevail.
(2) Permits required.
(a) A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks, fences, and signs), the installation and/or alteration of sewage treatment systems, and grading and filling activities. Application for a permit shall be made to the city. The application shall include the necessary information so that the city can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided.
(b) A permit authorizing an addition to an existing structure shall stipulate that an identified failed sewage treatment system shall be reconstructed or replaced.
(3) Notification to the Department of Natural Resources.
(a) Copies of all notices of any public hearing to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat.
(b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked within 10 days of final action.
(4) Variances.
(a) Variances may only be granted in accordance with Minnesota Statutes. No variance may be granted for prohibited uses.
(b) 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 shall be sent to the Department of Natural Resources and include the City Council’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(c) 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.
(F) Shoreland classification system. The public waters of the Forest Lake have been classified below consistent with the criteria found in Minn. Regs. part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, and designated on the Official Zoning Map for the City of Forest Lake.
(1) Natural environment lakes.
Natural Environment Lake | Protected ID# |
Cranberry Lake | 82-161 |
Shields Lake | 82-162 |
Mud Lake | 82-168 |
Higgins Lake | 2-2 |
Department of Natural Resources protected wetlands over 10 acres in size |
82-79W |
82-157W |
82-158W |
82-160W |
82-164W |
82-165W |
(2) Recreational development lakes.
Recreational Development Lake | Protected ID# |
Sylvan Lake | 80 |
(3) General development lakes.
General Development Lake | Protected ID# |
Forest Lake | 82-159 |
Clear Lake | 82-163 |
(4) Tributary streams.
(a) Sunrise River.
(b) Hardwood Creek - Section 26, 27, and 34.
(G) Lot requirements. The lot area (land above the normal ordinary high water mark) and lot width standards (at road, shoreline, and building setback line) created after the date of enactment of this chapter for lake and river/stream classifications are the following.
(1) Detached single residential lots.
(a) Unsewered lakes.
Area | Width | |
Recreational development | 1.5 acres | 150 feet |
General development | 1.5 acres | 150 feet |
Natural environment | 5 acres | 200 feet |
(b) Sewered lakes.
Area | Width | |
General development | 15,000 sq. ft. | 75 feet |
(c) River/stream standards. Property fronting on rivers and streams shall meet underlying zoning density restrictions.
(2) Attached single-family. Where allowed by the underlying zoning districts with public sewer and water, attached single-family homes shall have a minimum lot area of 10,000 square feet per unit and a lot width of 65 feet per unit.
(3) Additional special provisions.
(a) A Planned Unit Development (PUD) may be utilized in the Shoreland Overlay District as stated in § 153.343. In no case shall a PUD increase the density beyond the density allowed by the underlying zoning district or alter the required setback from the ordinary high water mark.
(b) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at the minimum required building setback lines from the ordinary high water level and road right-of-way.
(c) Any lot intended as controlled access to public waters or recreation areas for use by owners of non-riparian lots within subdivisions are permissible providing all of the following standards are met:
1. The lot must meet the width and size requirements for residential lots and be suitable for the intended uses of controlled access lots;
2. If docking, mooring, or over-water storage of more than 6 watercraft is to be allowed at a controlled access lot, the width of the lot (keeping the same lot depth) must be increased by the percent of requirements for riparian residential lots for each watercraft beyond 6, consistent with the following table:
Ratio of Lake Size to Shore Length (acres/mile) | Percent of Required Increase in Frontage |
Less than 100 to 1 | 25% per additional watercraft |
101 - 200 to 1 | 20% per additional watercraft |
201 - 300 to 1 | 15% per additional watercraft |
301 - 400 to 1 | 10% per additional watercraft |
Greater than 400 to 1 | 5% per additional watercraft |
3. The lot(s) must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot; and
4. A development agreement with the city specifying which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use or the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflicts activities include swimming, sunbathing, or picnicking. The development agreement must limit the total amount of vehicles allowed to be parked and the total number of watercraft to be continuously moored, docked, stored over water, or parked on the property, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas and other facilities to be screened by vegetation or topography as much as practical from the public water, assuming summer, leaf-on conditions. No structures are allowed to be constructed on these lots except for docking facilities as approved by the Minnesota Department of Natural Resources and Washington County.
(H) Vacant lots.
(1) Any individual lot or lots that do not contain a seasonal or permanent home may not have a dock unless the first is contiguous to a lot within a seasonal or permanent home having the same ownership or as stated in § 153.343.
(2) No temporary structures, vehicles, or open storage are allowed.
(I) Structure setback and other design criteria.
(1) Placement of structures on lots. When more than 1 setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures shall be located as follows.
(a) Structure setbacks (in feet) from ordinary high water level:
CLASSES OF PUBLIC WATERS | SETBACKS | |
STRUCTURES | ||
LAKES | UNSEWERED | SEWERED |
Natural environment | 200 feet | 150 feet |
Recreational development | 100 feet | 75 feet |
General development | 75 feet | 50 feet |
Unclassified waterbodies | 50 feet | 20 feet |
RIVERS/ STREAMS | ||
Transition | 200 feet | 150 feet |
Tributary | 200 feet | 150 feet |
(b) Additional structure setbacks. The following additional structure setbacks apply regardless of the classification of the water body:
SETBACK FROM | SETBACK (IN FEET) |
(a) Top of bluff | 30 feet |
(b) Unplatted cemetery | 50 feet |
(c) Arterial road | 150 feet from centerline or 75 feet from road right-of-way, whichever is greater |
(d) Right-of-way, road, public street, or other roads or streets not classified | Per underline zoning district regulations |
(e) Side yard setback | Per underline zoning district regulations |
(c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(d) Additional regulations. Refer to Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations, for requirements relating to individual sewage treatment systems.
(e) Additional requirements. See § 153.110.
(2) Design criteria for structures.
(a) High water elevations. The elevation of structures located on riparian lots shall be regulated as follows: the lowest floor, including basement and crawl space shall be placed at least 1 foot above the 100 year flood level or, if the flood level has not been established, the lowest floor, including basement and crawlspace, shall be placed 3 feet above the ordinary high water level.
(b) Stairways, lifts, walks, trails, and landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. All accesses shall meet the following design requirements:
1. Stairways, walks, trails, and lifts shall not exceed 4 feet in width on residential lots. Six foot stairways may be used for commercial properties and public open-space recreational properties. A 6 foot stair may be approved as part of a PUD;
2. Landings on residential lots shall not exceed 32 square feet in area;
3. Canopies or roofs are not allowed on stairways or landings;
4. 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;
5. Stairways, lifts, walks, trails, 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
6. Facilities such as ramps, lifts, or mobility paths for persons with disabilities are also allowed for achieving access to the shore area, provided that the dimensional and performance standards of items 1 to 5 above are complied with in addition to the requirements of Minn. Regs., Ch. 1340.
(3) Significant historic sites. No structure may 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.
(4) Height of structures. See underlying zoning district.
(5) Lot coverage. A maximum of 25% of the lot may be covered with impervious surface. If storm water ponding is provided (as required for new construction), certain developments may be exempt from this lot coverage requirement. Uses in those districts located east of Lake Street, south of 2nd Avenue NE, and north of 2nd Avenue SE shall be exempt from the lot coverage requirements of this section. This includes all structures, patios, walks, and surfaced or unsurfaced driveways. Landscaped areas may not have an impervious barrier installed. The removal of an impervious barrier under landscaping shall not be considered a reduction in impervious surface area.
(6) Steep slopes. The City Engineer 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.
(J) Shoreland alterations. Alterations of vegetation and topography shall 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) No cutting or removal of deciduous trees over 6 inches in diameter measured at a point 4.5 feet above ground level, or coniferous trees 12 feet in height within the required building setback shall be permitted unless the trees are determined to be dead, diseased, or pose a safety hazard. A certificate of compliance must be obtained prior to the removal of any trees.
(b) Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings, and other structures, piers, docks, and marinas, when viewed from the water.
(c) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as is feasible after any construction project is completed.
(d) The provisions of this chapter shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards.
(e) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits is exempt from these vegetation alteration standards.
(2) Topographic alterations/grading and filling.
(a) 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 shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
(c) Not withstanding divisions (J)(2)(a) and (J)(2)(b) above, a grading and filling permit will be required for:
1. The movement of more than 10 cubic yards of material within the shore impact zones; and
2. The movement of more than 50 cubic yards of material outside of shore impact zones.
(d) The filling of any wetland or below the normal high water mark must be permitted by the appropriate government agency or jurisdiction.
(e) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, will be allowed only after all government agencies with jurisdiction have approved the proposed connection to public waters.
(f) The following considerations and conditions shall be adhered to during the issuance of building permits, grading and filling permits, conditional use permits, variance, and subdivision approvals:
1. Grading or filling in any type of wetland must be in compliance with the Wetland Conservation Act;
2. Alterations shall be designed and conducted in a manner that ensures that 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 a permanent vegetation cover must be established within 6 months;
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 the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
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 must be reviewed by qualified professionals for continued slope stability and shall not create finished slopes of 33% or greater;
8. Any alterations below the ordinary high water level of public waters shall first be authorized by the Department of Natural Resources under Minnesota Statutes;
9. Alterations of topography shall 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 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed 3 feet. Riprap should be used only where necessary and never to replace a stable, naturally vegetated shoreline area; and
11. At the end of excavation or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded within 1 growing season with native indigenous vegetation.
(K) 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.
(2) All roads, driveways, and parking areas shall meet required setbacks.
(L) Buffer strips. In order to maintain water quality, reduce flooding and erosion, and to provide sources of food and habitat for a variety of fish and wildlife, buffer strips shall be provided and maintained around all natural environment lakes and streams and type 3, 4, and 5 wetlands.
(1) Lake, wetland, stream buffer widths:
(a) The minimum buffer width shall apply to all buffer widths, including those that are restored, replaced, or enhanced;
(b) The city may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks;
(c) The following buffer widths shall be maintained:
LAKE/WETLAND | NE LAKE | WETLAND(S) | STORM WATER POND |
Minimum buffer width | 50 feet | 50% of required setback | 10 feet |
(2) An access corridor 10 feet wide or 25% of the lot width is permitted to gain access to the water body.
(M) Storm water management. See City of Forest Lake Storm Water Management Ordinance.
(N) Standards for non-residential uses. Any permitted use of land adjacent to public water must meet the following standards in addition to any other requirements of this section or the Zoning Code:
(1) The uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
(2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions to navigation and to be the minimum size necessary to meet the need;
(3) 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:
(a) 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 Washington County Sheriff;
(b) 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.
(O) Agricultural use standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore bluff impact zones are maintained in permanent vegetation as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
(P) Additional standards.
(1) Uses allowed within shoreland areas shall be subject to review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. A thorough evaluation of the water body and topography, vegetative, and soil conditions on the site must be made to ensure:
(a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
(b) Limited visibility of structures and other facilities as viewed from public waters;
(c) The site is adequate for water supply and on-site sewage treatment;
(d) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
(2) The city, upon consideration of the criteria listed above and the purposes of any proposal, may attach such conditions as it deems necessary to fulfill the purposes of this section. The conditions may include, but are not limited to, the following:
(a) Increased setbacks from the ordinary high water level;
(b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
(c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, vehicle parking areas, lighting, signage, and noise.
(Q) Sewage disposal. Any premises used for human occupancy must be provided with an adequate method of sewage treatment.
(R) Fences. In addition to the standards contained in §§ 153.147 et seq., the following standards must also be met on shoreland property. No fence shall be constructed closer to the lake than the required lake setback unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home.
(S) Nonconforming situations. Nonconforming situations shall be regulated in accordance with §§ 153.050 et seq. with the following exceptions:
(1) All legally established nonconformities as of the date of adoption of this section may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of the use and intensification of use, except that the following standards will also apply in shoreland areas:
(a) On natural environment lakes, any separate lot or parcel of record legally created and recorded prior to the adoption of this section may be used for single-family detached dwelling purposes without a variance if it is at least 1.5 acres in size, is 120 feet in width, and meets all other requirements of this section;
(b) Lots with nonconforming areas. The maximum impervious coverage may be 30% but no more than a total square footage of 3,750;
(c) Existing lots with impervious surface exceeding 25% may continue to exist so as not to exceed impervious areas at the time of adoption of this section. Every effort must be made to lessen the impervious surface when a structure is altered. Landscaped areas may not have an impervious barrier installed. The removal of an impervious barrier under landscaping shall not be considered a reduction in impervious surface.
(2) Decks not meeting the required setback from the ordinary high water level without a variance may be allowed if all of the following criteria and standards are met:
(a) The deck must be an accessory to a principal structure that existed at the time of the adoption of this chapter;
(b) 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;
(c) The deck encroachment toward the ordinary high water level shall not encroach more than 10 feet into the required setback, ordinary high water level, and does not encroach closer than 35 feet, whichever is more restrictive;
(d) The length of the deck may extend beyond the width of the principal structure by 3 feet, but shall not be set back less than 6 feet from the property line allowing access to the deck;
(e) The deck shall not be roofed, walled, or screened.
(T) Subdivision provisions. See City of Forest Lake Subdivision Ordinance.
(U) Notifications to the Department of Natural Resources.
(1) Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this section must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least 10 days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(2) A copy of approved amendments and subdivision/plats and final decisions granting variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or the Commissioner’s designated representative and be postmarked within 10 days of the final action.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010)