(A) Policy. The city hereby establishes a district to provide for the preservation and protection of the Minnesota River within the city, as required by M.S.§ 103A.208, as it may be amended from time to time, and Minn. Rules 1983 Parts 6105.0010 - .0250, Parts 6120.2500 - .3900 and Parts 6105.1200 - .1290.
(B) District application. The district applies to the shoreland area within the designated Minnesota River Land Use District as identified in Minn. Rules 1983 Part 6105.1290. The district is shown on the zoning map. Where the district’s boundaries are 300 feet from the normal high water mark, they will be measured from the top of the natural bank or retaining walls constructed along the river.
(C) Interpretation. The Minnesota River Overlay District applies to any underlying zoning district. Where provisions of any statute, city code provision or regulation impose greater restrictions than those required in this district, the statute, city code provision or regulation is controlling. Where definitions of any of the terms of this district are in dispute, the definitions of Minn. Rules 1983 Part 6120.2500 and Part 6105.0040 are controlling.
(D) Uses. All permitted uses, conditional uses and prohibited uses of the underlying district shall apply within the Minnesota River Overlay District.
(E) District provisions. The following provisions apply within the Minnesota River Overlay District where they are more restrictive than those of the underlying district:
(1) Dimensional requirements.
Sewered Areas | ||
Riparian Lots | Non-Riparian Lots | |
Sewered Areas | ||
Riparian Lots | Non-Riparian Lots | |
1) Lot size (in square feet) | 20,000 | 15,000 |
2) Lot width at building line | 75 feet | N/A |
3) Building setback from ordinary high water mark* | 75 feet | 75 feet |
4) Maximum total area of all impervious surfaces on each lot (includes all structures, surfaced roads, parking lots and other surfaced areas) | 30% | 30% |
5) Impervious surface setback from ordinary high water mark (Applies to all surfaced roads or parking lots) | 50 feet | 50 feet |
*Where development exists on both sides of a proposed building site, structural setbacks may be altered to take setbacks of existing structures into account, and provide uniformity. | ||
(2) Substandard lots. Lots of record on the effective date of this section which do not meet the applicable size or width requirements can be allowed as building sites provided that all the sanitary and dimensional standards are complied with, as much as is reasonably practicable, and the lot was in separate ownership on the effective date of this section. Contiguous lots under single ownership must be combined to meet lot width requirements before they can be sold or developed.
(3) Vegetative alteration. Between the ordinary high water mark and the applicable building setback line, cutting of trees over four inches in diameter at breast height (four and one-half feet) is restricted as follows.
(a) Selective cutting. Selective cutting of trees in excess of four inches in diameter at breast height is permitted provided that cutting is spaced in several cutting operations, a continuous tree cover is maintained and uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting must maintain a continuous tree cover in the remaining wooded areas. The above cutting provisions are not meant to prevent:
1. The removal of dead, diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards; or
2. Pruning understory vegetation, shrubs, plants, bushes, grasses or from harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height.
(b) Clearcutting. Clearcutting of trees larger than four inches in diameter is prohibited.
(4) Grading and filling. Grading and filling in of the natural topography within the district requires a grading and filling permit from the Zoning Administrator prior to initiation of any such work, subject to the following conditions:
(a) Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion, tree clearing and the destruction of natural amenities, and shall be controlled by provisions of the city code; and
(b) Grading and filling in of the natural topography shall meet the following standards:
1. The smallest amount of bare ground is exposed for as short a time as feasible;
2. Temporary ground cover, such as sod, is planted; and
3. Methods to prevent erosion and trap sediment are employed.
(5) Utility crossings. All utility transmission crossings of lands under the jurisdiction of the city within the district require a conditional use permit from the city, subject to the standards and criteria of Minn. Rules 1983 Part 6105.0170.
(6) Road crossings. In addition to the permits as may be required by M.S. § 393.301, as it may be amended from time to time, for the crossing of public waters, a conditional use permit from the city is required for any construction or reconstruction of new public roads or existing roads within the district subject to the standards and criteria of Minn. Rules 1983 Part 6105.0200.
(7) Subdivision provisions.
(a) Land suitability. No land shall be subdivided which is determined by the city to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(b) Inconsistent plats. All plats which are inconsistent with this section shall be reviewed by the Commissioner of Natural Resources before approval by the city may be granted. The review shall require that the proposed plats be received by the Commissioner at least ten days before a hearing is called by the city for consideration of approval of a final plat.
(8) Planned unit developments. Altered zoning standards for planned unit developments may be allowed in the district if preliminary plans are first approved by the Commissioner of Natural Resources.
(F) Notification and certification requirements.
(1) The Zoning Administrator shall send copies of all notices of hearings, or meetings, and final decisions relating to plats, variances. City code amendments and conditional use permits affecting any land within the district, to the appropriate DNR office at least ten days prior to the hearings and within ten days after the final action. Final decisions on variances, inconsistent plats and city code amendments are not effective until certified by the DNR in accordance with Minn. Rules 1983 Part 6105.0230.
(2) The following summarizes the permit and certification process within the Minnesota River Overlay District designated by this section:
Item | Action Necessary |
Item | Action Necessary |
Building permits | LP |
Water supply permits | LP |
Conditional use permits | PH-FD |
Amendments to ordinance | PH-FD-CC |
Amendments to district boundary | PH-FD-CC |
Inconsistent plats | PH-FD-CC |
Planned unit developments | PH-WA |
Variances | PH-CC |
Plats | PH-FD |
LP | Permit issued by the city in accordance with this section and all other city code provisions |
CC | Certification by the Commissioner of Natural Resources prior to final local approval |
PH | Public hearing necessary by the city giving ten days’ notice of the hearing to the Commissioner of Natural Resources |
FD | City forwards any decisions to the Commissioner of Natural Resources within ten days after taking final action |
WA | The Commissioner of Natural Resources shall submit, after notice of public hearing and before the city gives preliminary approval, a written review and approval of the project |
(2003 Code, § 9.45) (Ord. 86-3, passed 6-6-1986)