(A) Purpose. The purpose of establishing standards and criteria for uses in the St. Croix Riverway shall be to protect and preserve existing natural, scenic and recreational values, to maintain proper relationships between various land use types, and to prohibit new residential, commercial or industrial uses that are inconsistent with the National Wild and Scenic Rivers Act (being 16 U.S.C. §§ 1271 et seq.), and the Federal and State Lower St. Croix River Acts (being Minn. Rules 6105.0300 - 6105.0440).
(B) Permitted uses.
(1) All structures associated with the following uses are permitted in the St. Croix Riverway, subject to the dimensional requirements of a St. Croix Riverway Ordinance:
(a) Conservancy;
(b) Agriculture; and
(c) Single-family residential.
(2) Accessory uses. Accessory uses which are incidental to the permitted primary uses of the property are permitted.
(3) Existing uses. In the urban districts of this model ordinance, existing zoning districts in effect and uses permitted on march 1, 1990, by the existing City of Lake St. Croix Beach Zoning Ordinance may again be permitted by the City Council of the City of Lake St. Croix Beach, provided the project is listed in 302.033 has been approved in writing by the Commissioner of Natural Resources and meets or exceeds the following standards:
(a) The proposed use is consistent with and complimentary to the existing, adjacent, urban land uses and municipal plans.
(b) The dimensional requirements of § 4 of said model ordinance.
(c) The sideyard setbacks and frontage requirements of the local zoning ordinance.
(d) A parking layout and site plan which provide on-site, off-street parking spaces for all employees of the project, an exclusive area for loading docks where required by local ordinance, and off-street customer parking spaces as required by local ordinance.
(e) An on-site grading and surface water run-off plan for the site which minimizes soil erosion and degradation of surface water quality.
(f) In sewered areas, public sewer will service the proposed project.
(g) A landscaping plan for the site is illustrated which minimizes the visual impact of the proposed project as viewed from the river and which visually screens all parking areas from the river. The applicant shall provide the community with a performance bond for the cost of all landscaping to ensure compliance with the landscaping plan.
(h) A public hearing, as per Section 801 of said model ordinance, and forwarding of the final action of the local community to the Commissioner of Natural Resources within ten days of the final action.
(i) The project meets all other existing local zoning and subdivision requirements.
(j) The project requires no alteration of fill of shoreline, bluffland, or floodway, except for temporary docking and launching of watercraft.
(k) No lighted or flashing signs shall face riverward.
(l) Detailed plans and specifications as presented at the public hearing are sufficient to obtain all local access, building, zoning, and sewer permits.
(C) Site preservation. The following standards and criteria are provided to preserve vegetative and topographical screening, and to retard surface run-off, soil erosion and nutrient loss.
(1) Vegetative cutting. On land within 200 feet of the ordinary high water mark in rural districts, 0.02 feet of the ordinary high water mark in urban districts and 40 feet landward of bluff lines and on slopes greater than 12% in all districts, there shall be no vegetative cutting of live trees or shrubs without a vegetative cutting permit from the Zoning Administrator. A permit may be issued only if:
(a) The cutting, including topping, involves trees less than six inches in diameter at breast height;
(b) The cutting, including topping, involves vegetation which is not screening any structure from view from the river;
(c) The essential character, quality and density of existing growths is preserved and continuous canopy cover is maintained;
(d) Diseased trees are to be removed, and their removal is in the public interest; or
(e) The cutting is necessary for the maintenance of transportation or utility rights-of-way.
(2) Permit not required. A vegetative cutting permit is not required for the following provided the existing quality, character, density and canopy is maintained as viewed from the river:
(a) Clearing for a validly permitted structure, septic system, roadway and parking areas; and
(b) Maintenance trimming or pruning on a particular parcel or in transportation or utility rights-of-way.
(3) Grading and filling. Grading, filling, excavating or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a grading permit from the Zoning Administrator. A grading permit may be issued only if:
(a) Slopes greater than 12% (12 feet vertical rise in 100 horizontal feet) are preserved to the greatest extent possible;
(b) Earthmoving, erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is minimized;
(c) The smallest amount of ground is exposed for as short a time as feasible;
(d) During construction, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted upon completion;
(e) Methods to prevent erosion and trap sediment are employed; and
(f) Fill is stabilized to accepted engineering standards.
(4) When separate permit not required. A separate grading and filling permit is not required for grading, filling or excavating the minimum area necessary for a structure, sewage disposal system and private road and parking area undertaken pursuant to a validly issued building permit.
(D) Conditional uses.
(1) Description of conditional uses. Conditional uses are uses which normally are not permitted in the urban or rural districts of the St. Croix Riverway unless it is determined by the City Council, after a public hearing, that the proposed use shall:
(a) Preserve the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river;
(b) Maintain safe and healthful conditions; and
(c) Limit erosion potential of the site based on degree and direction of slope, soil type and vegetative cover.
(2) Urban district conditional uses. In urban districts of this chapter, existing zoning districts and uses permitted on May 1, 1974 by the city may again be permitted, provided the use has been listed in this chapter by the City Council and has been approved in writing by the Commissioner of Natural Resources. The following urban district uses are considered conditional uses:
(a) Marinas.
(b) Parks, beaches and related structures.
(3) Rural district conditional uses. In the rural districts of this chapter, the following uses may be permitted as conditional uses:
(a) Government resource management and interpretive activities;
(b) Marinas between the Boomsite Highway Wayside and the northern boundary of Stillwater; and
(c) Governmental highway waysides, rest areas, information areas and scenic overlooks.
(E) Prohibited uses. In all districts within the St. Croix Riverway, the following new uses or expansion of existing uses shall be prohibited:
(1) Sand and gravel operations;
(2) Junk yards;
(3) Mobile home parks;
(4) Downhill ski areas;
(5) Marinas upstream from the Boomsite Highway Wayside and downstream from Stillwater in rural districts; and
(6) All uses not authorized in the local zoning ordinances.
(F) Non-conforming uses. Uses which are prohibited by this chapter but which are in existence prior to the effective date of this chapter shall be non-conforming uses and may continue as lawful, non-conforming uses. Such uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use, activity or reclamation plan as stipulated in the most current permit issued prior to the adoption of this chapter.
(Ord. passed - -) Penalty, see § 10.99