(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 criteria and considerations 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 uses of the surface waters and likely increases in uses associated with planned unit developments;
(b) Physical and aesthetic impacts of increased density;
(c) Current development in the area;
(d) Amounts and types of ownership of undeveloped lands; and
(e) Suitability of lands for the planned unit development approach.
(B) Land use district descriptions. The land use districts provided below, and the allowable land uses therein for general development lakes shall be properly delineated on the official zoning map for shorelands of this community; these land use districts are in conformance with the criteria specified in Minnesota Rules, Part 6120.3200, Subp. 3; Crystal and Lily, General Development Lakes:
(1) Residential District. The permitted and conditional uses listed below for are substantially in conformance with the permitted and conditional use of the Residential District of the city zoning ordinance.
(a) Permitted uses. One-family dwelling.
(b) Conditional uses.
1. Public, semipublic uses; and
2. Parks and historic sites.
(2) General Use/High Density Residential District. The permitted and conditional uses listed below for are substantially in conformance with the permitted and conditional use of the business and industrial districts of the city zoning ordinance.
(a) Permitted uses.
1. Commercial uses, including duplex, triplex and quad dwellings; and
2. Public, semipublic uses.
(b) Conditional uses.
1. Parks and historic sites uses;
2. Industrial uses; and
3. Commercial and residential planned unit developments.
(3) Lot area and width standards.
(a) Residential subdivisions with dwelling unit densities exceeding those in division (B)(3)(b) below can only be allowed if designed and approved as residential planned unit developments under §§ 154.105 through 154.111. Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at both the ordinary high water level and at the building line.
(b) 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 sewered general development lake lots are as follows.
Riparian Lots | Nonriparian Lots | |||
Area | Width | Area | Width | |
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 |
(4) Placement of structures on lots.
(a) When more than one setback applies to a site, structures must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.
(b) Sewered structures on general development lakes must setback 50 feet from the ordinary high water level. One water-oriented accessory structure designed in accordance with § 154.050(C) may be set back a minimum distance of ten feet from the ordinary high water level.
(c) Additional structure setbacks:
Setback From | Distance |
Right-of-way line of a federal, state or county highway | 50 feet |
Right-of-way line of town road, public street or other roads or streets not classified | 20 feet |
Top of bluff | 30 feet |
Unplatted cemetery | 50 feet |
(d) Bluff impact zones: structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(e) Uses without water-oriented needs: uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback, or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(C) Use and upgrading of inconsistent land use districts.
(1) The land use districts adopted in Chapter 156, as they apply to shoreland areas, and their delineated boundaries on the official zoning map, are substantially consistent with the land use district designation criteria specified in this section; however, where inconsistent land use district designations exist, they 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 is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply: when a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this chapter on the lake 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 Council.
(4) 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. The City Council will direct the Zoning Administrator to provide additional information for this waterbody as is necessary to satisfy divisions (C)(1) and (C)(2) above.
(5) The city must make a detailed finding of fact and conclusion when taking final action that the revision, and the upgrading of any inconsistent land use district designations on the waterbody, are consistent with the enumerated criteria and use provisions of § 154.036.
(Ord. 195, passed 2-3-1992)