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(A) Copies of all notices of any public hearings to consider variances, amendments or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(B) A copy of approved amendments and subdivision plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.
(Ord. 195, passed 2-3-1992)
SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS
The public waters of the city have been classified below consistent with the criteria found in Minn. Rules, Part 6120.3300, and the protected waters inventory map for the county.
(A) The shoreland area for the waterbody listed in division (B) below shall be defined in § 154.008, and as shown on the official zoning map.
(B) Protected waters:
General Development Lakes | PWI No. |
Crystal | 7-98 |
Lily | 7-101 |
(Ord. 195, passed 2-3-1992)
(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)
DESIGN CRITERIA, SHORELAND ALTERATIONS AND SPECIAL PROVISIONS
(A) Guest cottages. One guest cottage may be allowed as a conditional use on lots meeting or exceeding the duplex lot area and width dimensions presented in § 154.036(B), provided the following standards are met.
(1) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit.
(2) A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height.
(3) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
(B) Controlled access lots. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards.
(1) They must meet the width and size requirements for residential lots and be suitable for the intended uses of controlled access lots.
(2) 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 25% of the requirements for riparian residential lots for each watercraft beyond six, because both Lily and Crystal Lakes have a lake size to shore length ratio of less than 100 acres to a mile.
(3) They must be jointly owned by all purchasers of lots in the subdivision or by all purchases of non-riparian lots in the subdivision who are provided riparian access rights on the access lot.
(4) 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.
(C) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
(a) The lowest floor must be at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher.
(b) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in § 154.036(A) if this water-oriented accessory structure complies with the following provisions.
(a) 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.
(b) The setback of the structure or facility from the ordinary high water level must be at least ten feet.
(c) 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.
(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage facilities.
(f) As an alternative, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
(3) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and on bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements.
(a) 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 unit developments.
(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 used for commercial properties, public open-space recreational properties, and planned unit developments.
(c) Canopies or roofs are not allowed on stairways, lifts or landings.
(d) 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.
(e) 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.
(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (C)(3)(a) through (C)(3)(e) above are complied with in addition to the requirements of Minn. Rules, Chapter 1340.
(4) 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.
(5) Steep slopes. The Zoning Administrator must evaluate possible 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 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.
(D) Height of structures. All structures in shoreland residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
(Ord. 195, passed 2-3-1992)
Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.
(A) Vegetative alterations.
(1) A vegetative alteration permit is required for the construction of structures, and the construction of roads or parking areas regulated by § 154.052.
(2) Removal or alteration of vegetation, except for agricultural uses as regulated in § 154.054(B) 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 shrubs 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, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, 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; and
2. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(B) Topographic alterations/grading and filling.
(1) Grading and filling and excavations necessary for the construction of structures 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 and driveways.
(2) Public roads and parking areas are regulated by § 154.052.
(3) Notwithstanding divisions (B)(1) and (B)(2) above, a grading and filling permit will be required for:
(a) The movement of more than ten 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; 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 State Department of Natural Resources or the United States Army Corps of Engineers; the applicant will be so advised:
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.
(b) Alterations must be designed and conducted to ensure 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 National Resources 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 be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time.
(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.
(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 three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(5) Connection to public waters. Excavations where the intended purpose is connection to a 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.
(Ord. 195, passed 2-3-1992)
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