(A) Purpose. To provide an overlay district to 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.
(B) Permitted principal uses.
(1) In the Agricultural/Rural Residence District (A), the following uses are permitted:
(a) Agricultural and incidental agricultural related uses;
(b) One two-family dwelling or two single-family dwellings and their accessory buildings may be located on one farm provided the resident or residents of the dwelling or dwellings either owns, operates or is employed on the farm. Sale of the dwelling or dwellings as non-farm dwellings must meet the requirements for non-farm dwellings in this District;
(c) Home occupations as defined in Section 4, #51; and
(d) Golf courses, except club houses.
(2) In the Single and Two-Family Residential District (R-1), the following uses are permitted: one and two-family dwellings (any single development proposal that involves five or more dwelling units is considered a Planned Unit Development and must be processed as a conditional use. The proposal must also conform to the standards referenced in § 153.205).
(3) In the Multiple Family Residential District (R-2), the following uses are permitted:
(a) One and two-family dwellings (any single development proposal that involves five or more dwelling units is considered a Planned Unit Development and must be processed as a conditional use. The proposal must also conform to the standards referenced in § 153.205); and
(b) Multiple-family dwellings, apartment buildings, townhouses, condominiums, group houses and rowhouses (any single development proposal that involves five or more dwelling units is considered a Planned Unit Development and must be processed as a conditional use. The proposal must also conform to the standards referenced in § 153.205).
(4) In the Central Business District (B-1), commercial uses as listed in § 153.086 are permitted.
(5) In the Fringe Central Business District (B-2), commercial uses as listed in § 153.102 are permitted.
(6) In the Highway Commercial District (B-3), commercial uses as listed in § 153.116 are permitted.
(7) In the Light Industrial District (I-1), Medium Industrial District (1-2) and Heavy Industrial District (I-3), no uses are permitted.
(C) Conditional uses.
(1) In the Agricultural/Rural Residence District (A), the following uses are allowed provided a conditional use permit is granted:
(a) Single-family non-farm dwellings as regulated in § 153.050;
(b) Two-family dwellings as regulated in § 153.050;
(c) Recreational vehicle campgrounds provided the standards in § 153.205 are complied with;
(d) Riding academies and commercial stables;
(e) Essential public services and service buildings, not including storage yards;
(f) Golf and country clubs, gun clubs and golf driving ranges; and
(g) Parks, recreational areas, wildlife areas, game refuges and forest preserves owned by governmental agencies.
(2) In the Single and Two-Family Residential District (R-1), the following uses are allowed provided a conditional use permit is granted:
(a) Government and public utility buildings and structures necessary for the health, safety and general welfare of the community;
(b) Public or semi-public recreational buildings, community centers and day care centers;
(c) Nurseries (but not including greenhouses), farm or truck gardens, display or sale of agricultural products;
(d) Churches, libraries, museums, schools, memorial buildings and hospitals; and
(e) Parks and recreational areas owned and operated by governmental agencies.
(3) In the Multiple-Family Residential District (R-2), the following uses are allowed provided a conditional use permit is granted:
(a) Manufactured home park, as regulated in § 153.205 of the same section;
(c) Clinics, hospitals, convalescent and nursing homes and other buildings for treatment of human beings;
(d) Institutions of a religious, educational, charitable or philanthropic nature;
(e) Private clubs or lodges, except those whose chief activity is a service customarily carried on as a business;
(f) Housing projects for the elderly, excluding nursing homes, will be exempted from restrictions applied to multiple dwellings, except that the projects shall be approved as a total concept and shall observe the standards as not to adversely affect the health or safety of persons residing or working in the neighborhood of the proposed project and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood and will conform to the standards of § 153.205; and
(g) Parks and recreational areas owned or operated by governmental agencies.
(4) In the Central Business District (B-1), the following uses are allowed provided a conditional use permit is granted: multiple-family dwellings (if more than five dwelling units are planned, the development must conform to the standards referenced in
§ 153.205).
(5) In the Fringe Central Business District (B-2), the following uses are allowed provided a conditional use permit is granted:
(a) Single-family homes;
(b) Multiple-family dwellings (if more than five dwelling units are planned, the development must conform to the standards referenced in
§ 153.205).
(c) Churches, chapels, temples, mosques and synagogues;
(d) Automobile service stations and repair shops and car washes;
(e) Publicly-owned buildings or structures but not including maintenance yards;
(f) Small animal hospitals and kennels excluding outdoor runs;
(g)
Hotels and motels (if more than five dwelling units are planned the development must conform to the standards referenced in § 153.205);
(h) Armories, convention halls or club halls;
(i) Amusement and recreational establishments such as commercial bowling alleys, pool halls, swimming pools and skating rinks; and
(j) Health clubs.
(6) In the Highway Commercial District (B-3), the following uses are allowed provided a conditional use permit is granted:
(a) Professional, governmental offices and buildings;
(b) Commercial planned unit developments as regulated by §§ 153.195 through 153.205; and
(c) Shopping centers, including retail and service establishments, as a planned unit development only.
(7) In the Light Industrial District (I-1), the following uses are allowed provided a Conditional use permit is granted:
(a) Building materials, storage yard, lumber yards;
(b) Bottling establishments;
(c) Engraving, printing, publishing, cartographic and bookbinding establishments;
(d) Dry-cleaning, dyeing and laundering establishments;
(e) Machine shops, public and private garages;
(f) Wholesale business and warehousing; and
(g) Planned unit developments, as regulated by §§ 153.195 through 153.205.
(8) In the Medium Industrial District (I-2), the following uses are allowed provided a conditional use permit is granted:
(a) Commercial grain elevators, storage and drying;
(b) Wholesale business and warehousing;
(c) Freight and transportation terminals; and
(9) The Heavy Industrial District (I-3) is prohibited in the Shoreland Area.
(D) Performance standards.
(1) Lot area regulations (in square feet):
Mud Lake | ||||
Structure Type
|
Unsewered
|
Sewered
| ||
Riparian
| Non-Riparian | Riparian
|
Non-Riparian
| |
Single-family | 40,000 | 40,000 | 20,000 | 15,000 |
Duplex | 80,000 | 80,000 | 35,000 | 26,000 |
Triplex | 120,000 | 120,000 | 50,000 | 38,000 |
Quad | 160,000 | 160,000 | 65,000 | 49,000 |
Titlow Lake | ||||
Structure Type
|
Unsewered
|
Sewered
| ||
Riparian
|
Non-Riparian
|
Riparian
|
Non-Riparian
| |
Titlow Lake | ||||
Structure Type
|
Unsewered
|
Sewered
| ||
Riparian
|
Non-Riparian
|
Riparian
|
Non-Riparian
| |
Single-family | ||||
In city limits | 20,000 | 20,000 | 15,000 | 10,000 |
In annexation area zoned R-1 | 20,000 | 20,000 | 15,000 | 10,000 |
In annexation area zoned R-2 | 20,000 | 20,000 | 15,000 | 10,000 |
In annexation area zoned A | 1 acre | 1 acre | NA | NA |
Duplex | 40,000 | 40,000 | 26,000 | 17,500 |
Triplex | 60,000 | 60,000 | 38,000 | 25,000 |
Quad | 80,000 | 80,000 | 49,000 | 32,500 |
(2) Width requirements (in feet):
Mud Lake | ||||
Structure Type
|
Unsewered
|
Sewered
| ||
Riparian
|
Non-Riparian | Riparian
|
Non-Riparian
| |
Single- family | 150 | 150 | 75 | 75 |
Duplex | 225 | 265 | 135 | 135 |
Triplex | 300 | 375 | 195 | 190 |
Quad | 375 | 490 | 255 | 245 |
Titlow Lake | ||||
Structure Type
| Unsewered
| Sewered
| ||
Riparian
| Non-Riparian
| Riparian
| Non-Riparian
| |
Titlow Lake | ||||
Structure Type
| Unsewered
| Sewered
| ||
Riparian
| Non-Riparian
| Riparian
| Non-Riparian
| |
Single- family | ||||
In city limits | 100 | 150 | 75 | 75 |
In annexation area zoned R-1 | 100 | 100 | 75 | 75 |
In annexation area zoned R-2 | 100 | 100 | 75 | 75 |
In annexation area zoned A | 150 | 150 | NA | NA |
Duplex | 180 | 265 | 135 | 135 |
Triplex | 260 | 375 | 195 | 190 |
Quad | 340 | 490 | 255 | 245 |
(3) Height regulations:
(a) No structure shall exceed 25 feet in height in the R-1 and R-2 Districts; and
(b) For all other districts, refer to the underlying district standards for applicable regulations.
(4) Front, side and rear yard setbacks:
(a) Refer to the underlying district for applicable standards; and
(b) Setbacks from the ordinary high water level:
Setbacks (in feet) | |||
Lake | Structures-Unsewered | Structures-Sewered | Sewage Treatment System |
Mud | 100 | 75 | 75 |
Titlow | 75 | 50 | 50 |
(5) Additional structure setbacks (in feet):
Setbacks From | Setback |
Unplatted cemetery | 50 |
Ordinary high water level | |
For one water-oriented accessory structure | 10 |
New animal feedlots | 1,000 |
(E) Placement of structures on lots.
(1) Generally. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. 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 shore impact zone or in a bluff impact zone.
(2) Impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(3) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(F) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood proofed must be determined as follows:
(a) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above the ordinary high water level, whichever is higher;
(b) For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary high water level or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in this section if this water-oriented accessory structure complies with the following provisions:
(a) The structure or facility must not exceed ten feet in height, exclusive of safety rails and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet 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;
(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; and
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(3) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties and planned unit developments;
(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties;
(c) Canopies or roofs are not allowed on stairways, lifts or landings;
(d) 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;
(e) Facilities such as ramps, lifts or mobility paths for disabled persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (F)(3)(a) to (d) above are complied with in addition to the requirements of Minn. Rules Chapter 1341, as amended from time to time; and
(f) Stairways, lifts and landings must 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.
(4) 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.
(5) Slopes. The Zoning Administrator must 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 must be attached to issued permits to prevent erosion and to preserve existing vegetation for the screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(G) Additional special provisions. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards:
(1) They 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 six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
| |
Ration of Lake Size to Shore Length (Acres/Mile) | Required Increase in Frontage |
Less than 100 | 25% |
100 - 200 | 20% |
201 - 300 | 15% |
301 - 400 | 10% |
Greater than 400 | 5% |
(3) They 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) Covenants or other equally effective legal instruments must be developed that specify which owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water 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, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.
(Ord. 209.5, passed 12-14-1994)