(A) Shoreland Overlay Districts. The shorelands within the city are hereby designated as Shoreland Overlay Districts (S-1 Districts), and the requirements set forth in this chapter shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration, and development of these areas, according to said classification.
(B) District application. The S-1 District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the S-1 District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
(C) Boundaries. The boundaries of the Shoreland Overlay District are established within 1,000 feet from the ordinary high-water mark of Lake Titloe and Mud Lake.
(D) Shoreland alterations. Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable to retard surface runoff and soil erosion, and to utilize excess nutrients. An alteration is defined as a clear cutting, grading, filling, removal of natural vegetation, dredging, etc., which involves the removal or addition of underbrush or vegetation which may have a detrimental impact by allowing soil erosion or runoff of excess nutrients to enter the public waters. The following shoreland alterations shall apply:
(1) Clear cutting shall be prohibited, except as necessary for placing public roads, utilities, structures, and parking areas.
(2) Natural vegetation shall be restored insofar as feasible after any construction project.
(3) Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water.
(4) Grading and filling or any other substantial alteration of the natural topography shall be permitted if the applicant can demonstrate that:
(a) The smallest amount of bare ground shall be exposed for as short a time as feasible.
(b) Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided.
(c) Methods to prevent erosion and trap sediment shall be employed.
(d) Fill shall be stabilized to accepted engineering standards.
(F) Land suitability. No land shall be subdivided which is held unsuitable by the city for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents.
(G) Inconsistent plats. All plats recommended for approval by the Planning and Zoning Commission, which are inconsistent with this section, shall be reviewed by the Minnesota Commissioner of Natural Resources before approval by the city may be granted.
(H) Notification procedures.
(1) Copies of all notices of any public hearing to consider variances, amendments, or conditional uses under the Shoreland Overlay District shall be submitted to the Minnesota Department of Natural Resources at least ten days prior to such hearing.
(2) A copy of all amendments and final decisions granting variances or conditional uses under the Shoreland Overlay District shall be submitted to the Minnesota Department of Natural Resources within ten days of final action or amendment.
(Ord. 366, passed 8-7-2024)