(A) General considerations and criteria for all land uses within the Shoreland Overlay District. Consideration shall be given to, and, the following standards shall be reviewed prior to the commencement of any land use within the Shoreland Overlay District:
(1) Preservation of natural areas;
(2) Present ownership and development of shoreland areas;
(3) Shoreland soil types and their engineering capabilities;
(4) Topographic characteristics;
(5) Vegetative cover;
(6) In-water physical characteristics, values, and constraints;
(7) Recreational use of the surface water;
(8) Road and service center accessibility;
(9) Socioeconomic development needs and plans as they involve water and related land resources;
(10) The land requirements of industry which, by its nature, requires location in shoreland areas; and
(11) The necessity to preserve and restore certain areas having significant historical or ecological value.
(B) All structures within the Shoreland Overlay District adjacent to tributaries shall meet the following:
(1) All structures, including accessory structures and additions to existing structures shall be placed so that the lowest floor (basement or first floor if there is no basement) is at least 3 feet above the flood of record, if data is available. If data is not available, the lowest floor shall be placed at least 3 feet above the ordinary high water level. Alternately any structure shall be constructed on fill so that the basement floor, or first floor if there is no basement, is 1 foot above the regulatory flood protection elevation. The finished fill elevation must be no lower than 1 foot above the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon. If more than 1 of these approaches is used, the highest flood protection elevation that is determined shall be used for placing all structures and other facilities.
(2) Uses that do not have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
(3) Accessory commercial land uses, such as yards and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted unless a flood warning system is in place.
(C) In addition to the requirements of the underlying zoning classification, all structures within the Shoreland Overlay Districts adjacent to lakes shall adhere to the following:
(1) The lowest floor at a level shall be placed no lower than 1 foot above the regulatory flood protection elevation or at least 3 feet above the highest known water level, or at least 3 feet above the ordinary high water level, whichever is higher.
(D) The city shall evaluate soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions shall 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.
(E) Upon application for a permit or subdivision approval within the Shoreland Overlay District and also within the floodplain or flood fringe, the city shall notify and require the applicant furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist, specifying the nature of the development. Procedures consistent with Minnesota Rules: Technical Standards and Requirements for Flood Plain Evaluation shall be followed during the technical evaluation and review of the development proposal. The City of Jordan shall submit 1 copy of the information required above to the respective Department of Natural Resources Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufacture home park/subdivision approval is granted.
(1) The site development plans shall identify the following:
(a) Ordinary high water mark;
(b) Toe of the bluff;
(c) Top of the bluff;
(d) Bluff impact zone; and
(e) Structure locations.
(F) Placement and design of roads, driveways, and parking areas.
(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Plans and specifications shall be provided by a qualified individual, such as a registered professional engineer, architect or surveyor, showing that all roads and parking areas are designed and will be constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District or other applicable technical materials.
(2) Public and private roads, driveways, and parking areas shall meet structure setbacks from the ordinary high water mark for the applicable lake or river classification, and shall not be placed within the bluff and shore impact zones when avoidance is an option. If no alternatives exist, they may be placed within these areas, provided they are designed to minimize adverse impacts.
(G) Stormwater management. The following general and specific standards shall apply:
(1) General standards:
(a) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(b) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(c) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
(2) Specific standards:
(a) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
(b) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(H) Topographic alterations, grading and filling.
(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
(2) Public roads and parking areas are regulated by division (F) of this section.
(3) Notwithstanding divisions (1) and (2) above, a grading and filling permit will be required for:
(a) The movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and
(b) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(4) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(a) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:
1. Sediment and pollutant trapping and retention;
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
*This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.
(b) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
(c) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
(d) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(e) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
(f) Fill or excavated material must not be placed in a manner that creates an unstable slope;
(g) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;
(h) Fill or excavated material must not be placed in bluff impact zones;
(i) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under: M.S. § 103G.405.
(j) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
(k) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet.
(I) Connections to public waters. Excavations where the intended purpose is connection to public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.
(J) Vegetative alterations.
(1) Vegetation alterations necessary for the construction of structures, placement of municipal utilities or the construction of roadways and parking areas as outlined in this section are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation is allowed subject to the following standards:
(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.
(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths and beach and watercraft access areas provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water assuming summer, leaf on conditions is not substantially reduced.
2. Along rivers, existing shading of water surfaces is preserved.
3. Removal of trees, limbs or branches that are dead, diseased or pose safety hazards are not affected by this standard.
(K) Storage of hazardous materials.
(1) The storage or processing of materials that are, in time of flooding: flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
(2) Storage of other materials or equipment, where allowed by the underlying zoning district, may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. The regulatory flood protection elevation is an elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain and/or floodway.
(L) Water-oriented accessory structures.
(1) Each lot may have 1 water-oriented accessory structure not meeting the normal structure setback provided the water-oriented accessory structure:
(a) The structure or facility does not exceed 10 feet in height, exclusive of safety rails, and does not occupy an area greater than 120 square feet.
(b) Detached decks do not exceed 8 feet above grade at any point.
(c) The structure or facility is set back from the ordinary high water level at minimum of 10 feet, and set back from the side lot line shall be at least 10 feet.
(d) The structure or facility is treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
(e) The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area.
(f) The structure or facility shall not be designed or used for human habitation and shall not contain water or sewer facilities.
(M) Stairways, lifts and landings.
(1) 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, sidewalks, lifts and landings must meet the following design requirements:
(a) Stairways, sidewalks and lifts must not exceed 4 feet in width on residential lots. Wider stairways, and sidewalks may be used for commercial properties, public open-space recreational properties, and planned unit developments if specifically authorized in a conditional use permit;
(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 allowed for commercial properties, public open-space recreational properties, and planned unit developments if specifically authorized in a conditional use permit;
(c) Canopies or roofs are not allowed on stairways, sidewalks, lifts, or landings;
(d) Stairways, sidewalks, lifts or 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) Stairways, sidewalks, lifts or landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public waters assuming summer, leaf-on conditions, whenever practical; and
(f) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed as a permitted use for achieving access to shore areas, provided that the dimensional and performance standards of this section, and the requirements of the State Building Code are complied with.
(N) Controlled access or recreational lots.
(1) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions and/or PUDs are permissible and must meet 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 6 watercraft is to be allowed at a controlled access lot, 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 6, consistent with the following table:
Ratio of Lake Size (acres) to Shore Length (miles) | Required Increase in Frontage (%) |
Less than 100 | 25 |
100-200 | 20 |
201-300 | 15 |
301-400 | 10 |
More than 400 | 5 |
(c) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot.
(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 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 continuously moored, parked 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. 2013-05, passed 5-20-2013)