§ 152.037  STRUCTURAL DESIGN CRITERIA.
   (A)   High water elevations. Structures must be placed in accordance with any flood plain regulations applicable to the site, as set forth in §§ 154.090 through 154.096 of this code of ordinances.
   (B)   Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in § 152.036 of this chapter if this water-oriented accessory structure complies with the following provisions.
      (1)   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.
      (2)   The setback of the structure or facility from the ordinary high water level must be at least ten feet.
      (3)   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.
      (4)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
      (5)   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
      (6)   Water-oriented accessory structures used principally for watercraft storage are prohibited. Storage of related boating and water-oriented sporting equipment in the shoreline impact zone may occupy a structure with maximum door opening of three feet, zero inches.
   (C)   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.
      (1)   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 developments.
      (2)   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 and planned developments.
      (3)   Canopies or roofs are not allowed on stairways, lifts or landings.
      (4)   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.
      (5)   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.
      (6)   Facilities such as ramps, lifts or mobility paths for physically disabled persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (C)(1) through (C)(5) above are complied with in addition to the requirements of Minn. Rules Ch. 1340, as it may be amended from time to time.
   (D)   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.
   (E)   Steep slopes. The Director of Engineering and/or 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 screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(2004 Code, § 152.037)  (Ord. 92-56, passed 4-14-1992; Ord. 96-169, passed 7-9-1996)  Penalty, see § 10.99