(A) Criteria for designation. The land use districts in division (B) below, and the delineation of a land use district’s boundaries on the official zoning map, must be consistent with the goals, policies and objectives of the comprehensive land use plan and the following criteria, considerations and objectives:
(1) General considerations and criteria for all land uses:
(a) Preservation of natural areas;
(b) Present ownership and development of shoreland areas;
(c) Shoreland soil types and their engineering capabilities;
(d) Topographic characteristics;
(e) Vegetative cover;
(f) In-water physical characteristics, values and constraints;
(g) Recreational use of the surface water;
(h) Road and service center accessibility;
(i) Socioeconomic development needs and plans as they involve water and related land resources;
(j) The land requirements of industry which, by its nature, requires location in shoreland areas; and
(k) The necessity to preserve and restore certain areas having significant historical or ecological value.
(2) Factors and criteria for planned unit developments:
(a) Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
(b) Physical and aesthetic impacts of increased density;
(c) Suitability of lands for the planned unit development approach;
(d) Level of current development in the area; and
(e) Amounts and types of ownership of undeveloped lands.
(B) Land use district descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minn. Regulations, Part 6120.3200, Subp. 3:
(1) Land Use District for Lake Minnewaska, a general development lake.
(a) Special Protection District; uses.
Agricultural: cropland and pasture | Permitted use |
Agricultural feedlots | Conditional use |
Extractive use | Conditional use |
Forest management | Permitted use |
Mining of metallic minerals and peat | Permitted use |
Parks and historic sites | Conditional use |
Sensitive resource management | Permitted use |
Single residential | Conditional use |
(b) Residential District; uses.
Single residential | Permitted use |
Semi-public | Conditional use |
Parks and historic sites | Conditional use |
Extractive use | Conditional use |
Duplex, triplex quad residential | Permitted use |
Forest management | Permitted use |
Mining of metallic minerals and peat | Permitted use |
(c) High Density Residential District; uses.
Residential planned unit developments | Conditional use |
Single residential | Permitted use |
Surface water oriented commercial* | Conditional use |
Semi-public | Conditional use |
Parks and historic sites | Conditional use |
Duplex, triplex, quad residential | Permitted use |
Forest management | Permitted use |
*As accessory to a residential planned unit development | |
(d) Water Oriented Commercial District; uses.
Surface water-oriented commercial | Permitted use |
Commercial planned unit deve1opment** | Conditional use |
Public, semi-public | Conditional use |
Parks and historic sites | Conditional use |
Forest management | Permitted use |
**Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 151.05 are satisfied. | |
(e) General Use District; uses.
Commercial | Permitted use |
Commercial planned unit development** | Conditional use |
Industrial | Conditional use |
Public, semi-public | Permitted use |
Extractive use | Conditional use |
Parks and historic sites | Conditional use |
Forest management | Permitted use |
Mining of metallic minerals and peat | Permitted use |
**Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 151.05 are satisfied | |
(2) Land Use District for First Creek and for Perkins Creek, tributaries to Lake Minnewaska.
(a) Special Protection District; uses.
Forest management | Permitted use |
Sensitive resource management | Permitted use |
Agricultural: cropland and pasture | Permitted use |
Agricultural feedlots | Conditional use |
Parks and historic sites | Conditional use |
Extractive use | Conditional use |
Single residential | Conditional use |
Mining of metallic minerals and peat | Permitted use |
(b) Residential District; uses.
Single residential | Permitted use |
Semi-public | Conditional use |
Parks and historic sites | Conditional use |
Extractive use | Conditional use |
Duplex, triplex quad residential | Conditional use |
Forest management | Permitted use |
Mining of metallic minerals and peat | Permitted use |
(c) High Density Residential District; uses.
Residential planned unit developments | Conditional use |
Single residential | Permitted use |
Surface water oriented commercial* | Conditional use |
Semi-public | Conditional use |
Parks and historic sites | Conditional use |
Duplex, triplex, quad residential | Permitted use |
Forest management | Permitted use |
*As accessory to a residential planned unit development | |
(d) Water Oriented Commercial District; uses.
Surface water-oriented commercial | Permitted use |
Commercial planned unit development** | Conditional use |
Public, semi-public | Conditional use |
Parks and historic sites | Conditional use |
Forest management | Permitted use |
**Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 151.05 are satisfied | |
(e) General Use District; uses.
Commercial | Permitted use |
Commercial planned unit deve1opment** | Conditional use |
Industrial | Conditional use |
Public, semi-public | Permitted use |
Extractive use | Conditional use |
Parks and historic sites | Conditional use |
Forest management | Permitted use |
Mining of metallic minerals and peat | Permitted use |
**Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 151.05 are satisfied. | |
(C) Use and upgrading of inconsistent land use districts.
(b) These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the official zoning map or to modify the boundary of an existing land use district shown on the official zoning map.
(2) When a revision to a land use district designation on a protected body of water is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this chapter on the protected waters must be revised to make them substantially compatible with the framework in divisions (A) and (B) above.
(3) When an interpretation question arises about whether a specific land use fits within a given “use” category, the interpretation shall be made by the Board of Adjustment. When a question arises as to whether a land use district’s boundaries are properly delineated on the official zoning map, this decision shall be made by the City Commission.
(4) (a) When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question.
(b) The City Commission will direct the City Administrator to provide additional information for this water body as is necessary to satisfy divisions (A) and (B) above.
(5) The City Commission must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on the water body, are consistent with the enumerated criteria and use provisions of this section.
(Ord. 31, passed - -1995)