§ 152.007 DEFINITIONS.

   (A)   Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.

   (B)   All distances, unless otherwise specified, shall be measured horizontally.

   (C)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions shall amend the definitions elsewhere in this code of ordinances, in reference to this chapter only. Both definitions shall apply unless a conflict between the two definitions exists. Definitions in this chapter shall supersede definitions elsewhere in the code only if a clear conflict exists.

      ACCESSORY STRUCTURE OR FACILITY. Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks.

      BLUFF. A topographic feature such as a hill, cliff or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the BLUFF):

         (a)   Part or all of the feature is located in a shoreland area;

         (b)   The slope rises at least 25 feet above the ordinary high water level of the water body;

         (c)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and

         (d)   The slope must drain toward the water body.

      BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

      BOATHOUSE. A structure designed and used principally for the storage of boats or boating equipment. BOATHOUSES, whether considered as water-oriented accessory structures, storage buildings or otherwise, are prohibited. Expansion of or addition to existing BOATHOUSES are also prohibited.

      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.

      COMMERCIAL PLANNED DEVELOPMENTS. Typically uses that provide transient, short-term lodging spaces, rooms or parcels, and their operations, are essentially service-oriented. For example, hotel or motel accommodations, resorts, recreational vehicle and camping parks and other primarily service-oriented activities are COMMERCIAL PLANNED DEVELOPMENTS.

      COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services.

      COMMISSIONER. The Commissioner of the Department of Natural Resources.

      CONDITIONAL USE. A land use or development, as defined by ordinance, that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls, upon a finding that certain conditions as detailed in Ch. 154 of this code of ordinances exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood.

      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 three feet above ground.

      DUPLEX, TRIPLEX or QUAD. A dwelling structure on a single lot, having two, three or four units, respectively, being attached by common walls, and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities.

      DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

      DWELLING UNIT. Any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or time-share accommodations such as motel, hotel and resort rooms and cabins.

      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 M.S. §§ 93.44 through 93.51, as they may be amended from time to time.

      FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

      HARDSHIP. As the term is defined in M.S. Ch. 462 (for municipalities), as it may be amended from time to time.

      HEIGHT OF BUILDING or STRUCTURE HEIGHT.

         (a)   The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this section to BUILDING HEIGHT shall include and mean STRUCTURE HEIGHT, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure.

         (b)   “Existing ground elevation” means the lowest of the following elevations:

            1.   The grade approved at the time of the subdivision creating the lot; and

            2.   The grade at the time the building permit for a principal structure on the lot is applied for.

         (c)   Retaining walls and/or artificial grades created by fill may not be used to modify the measured building height to circumvent the intent of the zoning ordinance. A survey may be required at the applicant’s expense, to verify existing ground elevation and/or structure height as directed by the Planning Director.

      IMPERVIOUS SURFACE. The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at an increased rate of flow than existed prior to development. IMPERVIOUS SURFACE shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and basketball courts, covered decks, porches and other structures. Open, uncovered decks are not considered IMPERVIOUS for the purposes of this chapter if they have a pervious surface underneath and have at least one-eighth inch spacing between the deck floor boards. Eaves and overhangs are not calculated as IMPERVIOUS SURFACE. The use of patio blocks, paver bricks or gravel material, as well as plastic landscape fabric, are considered IMPERVIOUS SURFACES as a majority of water runs off the surface rather than being absorbed into natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement systems engineered to be permeable with the underlying soils suitable for infiltration. A survey may be required at the applicant’s expense, to verify impervious surface coverage of the lot, as directed by the Planning Director.

      INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

      INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

      LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot or other accepted means, and separated from other parcels or portions by that description for the purpose of sale, lease or separation.

      LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.

      MUST. The act referred to is mandatory and not permissive.

      NON-CONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto, that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

      ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and 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 flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

      PLANNED DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses.

      PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as they may be amended from time to time.

      RESIDENTIAL PLANNED DEVELOPMENT. A use where the nature of residency is non-transient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered RESIDENTIAL PLANNED DEVELOPMENTS. To qualify as a RESIDENTIAL PLANNED DEVELOPMENT, a development must contain at least five dwelling units or sites.

      RIPARIAN. Located on the bank of a natural watercourse.

      SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

      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, sewage treatment system, top of a bluff, road, highway, property line or other facility.

      SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in § 152.042 of this chapter.

      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.

      SHALL. The act referred to is mandatory and not permissive.

      SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

      SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner.

      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 that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORIC SITES.

      STEEP SLOPE. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

      STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.

      SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned developments.

      SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use.

      TOE OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the TOE OF THE BLUFF shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.

      TOP OF THE BLUFF. The point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the TOP OF THE BLUFF shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18%.

      VARIANCE. As the term is defined or described in M.S. Ch. 462 (for municipalities), as it may be amended from time to time.

      WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above-ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of this type of structures and facilities include gazebos, screen houses, fish houses, pump houses and detached decks. Boathouses are not permitted, nor considered as WATER-ORIENTED ACCESSORY STRUCTURES.

      WETLAND. A surface water feature classified as a WETLAND in the U.S. Fish and Wildlife Service Circular No. 39 (1971 edition).

(2004 Code, § 152.007) (Ord. 92-56, passed 4-14-1992; Ord. 96-169, passed 7-9-1996; Ord. 10-0557, passed 9-28-2010)

SHORELAND CLASSIFICATION SYSTEM; LAND USE DISTRICTS

§ 152.020 SHORELAND CLASSIFICATION SYSTEM.

   (A)   Basis. The public waters of the city have been classified below consistent with the criteria found in Minn. Rules part 6120.3300, as it may be amended from time to time, and the Protected Waters Inventory Map for the county.

   (B)   Shoreland. The shoreland area for the water bodies listed in divisions (C) and (D) below shall be as defined in § 152.007 of this chapter and as shown on the official zoning map.

   (C)   General development lakes. Campbell Lake and Otter Lake: Protected Waters Inventory identification no. 43-85-P.

   (D)   Urban river. South Fork Crow River; legal description: Crow River Dam to southeast corporate limits.

(2004 Code, § 152.020) (Ord. 92-56, passed 4-14-1992)

§ 152.021 LAND USE DISTRICTS; DESIGNATION AND USES.

   (A)   The land use zoning 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 the city.

   (B)   These land use districts are in conformance with the criteria specified in Minn. Rules part 6120.3200, subp. 3, as it may be amended from time to time.

      (1)   Land use districts for Campbell and Otter Lakes (within 1,000 feet of ordinary high water point).

Campbell and Otter Lakes; Land Use Districts
District	Use	Permissibility
General Use District (C-1 through C-4, BP, I-1, I/C, I-2, PD)	Commercial	P
	Commercial planned development**	C
	Extractive use (municipality exempt)	NP
	Forest management	P
	Industrial	C
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Public, semi-public	P
High Density Residential District (R-3, R-4, R-5, PD)	Duplex, triplex, quad residential	P
	Forest management	P
	Parks and historic sites	C
	Residential planned developments	C
	Semi-public	C
	Single residential	C
	Surface water-oriented commercial*	C
Residential District (R-1, R-2, PD)	Duplex, triplex, quad residential	C
	Extractive use	NP
	Forest management	P
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Semi-public	C
	Single residential	P
Special Protection District	Agricultural; cropland and pasture	P
	Agricultural feedlots	NP
	Extractive use	C
	Forest management	P
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Sensitive resource management	P
	Single residential	C
Key: C=Conditional use permit required NP = Not permitted P = Permitted
NOTES TO TABLE: * As accessory to a residential planned development. ** Limited expansion of a commercial planned development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of §§ 152.090 through 152.096 of this chapter are satisfied.

 

      (2)   Land use districts for Crow River (within 300-foot setback or landward extent of 100-year flood plain).

Crow River; Land Use Districts
District	Use	Permissibility
General Use District (C-1 through C-4, BP, I-1, I/C, I-2, PD)	Commercial	P
	Commercial planned development**	C
	Extractive use (municipality exempt)	NP
	Forest management	P
	Industrial	C
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Public, semi-public	P
High Density Residential (R-3, R-4, R-5, PD)	Duplex, triplex, quad residential	P
	Forest management	P
	Parks and historic sites	C
	Residential planned developments	C
	Semi-public	C
	Single residential	C
	Surface water-oriented commercial*	C
Residential District (R-1, R-2, PD)	Duplex, triplex, quad residential	C
	Extractive use	NP
	Forest management	P
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Semi-public	C
	Single residential	P
Special Protection District	Agricultural; cropland and pasture	P
	Agricultural feedlots	NP
	Extractive use	C
	Forest management	P
	Mining of metallic minerals and peat	NP
	Parks and historic sites	C
	Sensitive resource management	P
	Single residential	C
Key: C = Conditional use permit required NP = Not permitted P = Permitted
NOTES TO TABLE: * As accessory to a residential planned development. ** Limited expansion of a commercial planned development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of §§ 152.090 through 152.096 of this chapter are satisfied.

 

(2004 Code, § 152.021) (Ord. 92-56, passed 4-14-1992)

REGULATIONS AND STANDARDS

§ 152.035 LOT AREA AND WIDTH.

   (A)   Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river or stream classifications are the following.

      (1)   Unsewered lakeshore areas (within 1,000 feet of ordinary high water mark).

 

Residential Lot Type; Lakeshore Area; Unsewered	Riparian Lots		Non-Riparian Lots
	Area (in Square Feet)	Width (in Feet)	Area (in Square Feet)	Width (in Feet)
Single	20,000	100	40,000	150
Duplex	40,000	180	80,000	265
Triplex	60,000	260	120,000	375
Quad	80,000	340	160,000	490

 

      (2)   Sewered lakeshore areas (within 1,000 feet of ordinary high water mark).

 

Residential Lot Type; Lakeshore Area; Sewered	Riparian Lots		Non-Riparian Lots
	Area (in Square Feet)	Width (in Feet)	Area (in Square Feet)	Width (in Feet)
Single	15,000	75	10,000	75
Duplex	26,000	135	17,500	135
Triplex	38,000	195	25,000	190
Quad	49,000	255	32,500	245

 

      (3)   River lot width standards. There is no minimum lot size requirements for rivers, except for those imposed in Ch. 153 of this code, regarding subdivisions. The lot width standards for single, duplex, triplex and quad residential developments for the South Fork Crow River are as follows. These dimensions must be at least as wide as those required in Ch. 153 for the zoning district.

 

Residential Lot Type; River Lots	Lot Width; Unsewered (in Feet)	Lot Width; Sewered (in Feet)
Single	100	75
Duplex	150	115
Triplex	200	150
Quad	250	190

   (B)   Additional special provisions.

      (1)   Residential subdivisions with dwelling unit densities exceeding those in the tables in divisions (A)(2) and (A)(3) above can only be allowed if designed and approved as residential planned developments under §§ 152.090 through 152.096 of this chapter. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in division (A)(2) above can only be used if publicly owned sewer system service is available to the property.

      (2)   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:

         (a)   They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots;

         (b)   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
Ratio of Lake Size to Shore Length (Acres per Mile)	Required Increase in Frontage (Percent)
Less than 100	25
100 - 200	20
201 - 300	15
301 - 400	10
Greater than 400	5

 

         (c)   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

         (d)   Covenants or other equally effective legal instruments must be developed that specify which lot 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.

(2004 Code, § 152.035) (Ord. 92-56, passed 4-14-1992) Penalty, see § 10.99