Lots and development within the Shoreland Overlay District shall meet the following development standards:
(A) Uses. The land uses allowable for the Shoreland Overlay District shall follow the permitted, interim, accessory, and conditional use designations as defined and outlined in the underlying zoning district.
(B) Lot areas and width standards. All lakes within the city’s jurisdiction are either general development, recreational, or natural environmental waters as indicated by the DNR Classification Chart included in Table 151.03.04. Therefore, the following minimums apply to all lots within the Shoreland Overlay District:
Sewered Areas | ||||
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Sewered Areas | ||||
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
General Development | ||||
Single | 15,000 | 75 | 10,000 | 100 |
Duplex | 26,000 | 135 | 17,500 | 135 |
Triplex | 38,000 | 195 | 25,000 | 190 |
Quad+ | 49,000 | 255 | 32,500 | 245 |
Recreational Development | ||||
Single | 20,000 | 100 | 15,000 | 100 |
Duplex | 35,000 | 135 | 26,000 | 135 |
Triplex | 50,000 | 195 | 38,000 | 190 |
Quad+ | 65,000 | 255 | 49,000 | 245 |
Natural Environment | ||||
Single | 40,000 | 125 | 20,000 | 125 |
Duplex | 70,000 | 225 | 35,000 | 220 |
Triplex | 100,000 | 325 | 52,000 | 315 |
Quad+ | 130,000 | 425 | 65,000 | 410 |
Unsewered Areas | ||||
General Development | ||||
Single | 20,000 | 100 | 40,000 | 150 |
Duplex | 40,000 | 180 | 80,000 | 265 |
Triplex | 60,000 | 260 | 120,000 | 375 |
Quad+ | 80,000 | 340 | 160,000 | 490 |
Recreational Development | ||||
Single | 40,000 | 150 | 40,000 | 150 |
Area | Width | Area | Width | |
Unsewered Areas | ||||
Recreational Development (Cont’d) | ||||
Duplex | 80,000 | 225 | 80,000 | 265 |
Triplex | 120,000 | 300 | 120,000 | 375 |
Quad+ | 160,000 | 375 | 160,000 | 490 |
Natural Environment | ||||
Single | 80,000 | 200 | 80,000 | 200 |
Duplex | 120,000 | 300 | 160,000 | 400 |
Triplex | 160,000 | 400 | 240,000 | 600 |
Quad+ | 20,000 | 500 | 320,000 | 800 |
(C) Height. The maximum building structure height shall follow the individual district requirements of the base zoning district.
(D) Placement of structures and sewage treatment systems on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.
(1)
Buildings, including all structures such as decks, must have a setback of 30 feet from the top of any bluff and a setback from the ordinary high water level (OHW) as follows:
Structures | |||
Class of Public Waters | Unsewered | Sewered | Sewage Treatment System |
Recreational Development Lake | 100 | 75 | 75 |
General Development Lake | 75 | 50 | 50 |
Natural Environment Lake | 150 | 150 | 150 |
(2) No structure, except stairways and landings, may be placed within Bluff Impact Zones.
(E) Setbacks from roads/rights-of-way. Any structure abutting a county or state highway must meet the setback required by the controlling county or state authority for that parcel. The building setback in residential districts shall be a minimum of 30 feet from state, federal, or county roads and city street rights-of-way.
(F) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with all 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 shall be no lower in elevation than a level at least three feet above the OHW of any riparian lake or the highest known elevation of any other riparian water body.
(b) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in subsection (F)(1)(a) of this section 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, wind driven waves, and debris.
(2) Water oriented accessory structures. Each lot may have one water-oriented accessory structure not meet normal structure setback set forth in this chapter provided the water-oriented accessory structure complies with the following provisions:
(a) The structure or facility shall not exceed ten feet in height, exclusive of safety rails and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios.
(b) The structure or facility is not in the Bluff Impact Zone.
(c) The setback of the structure or facility from the OHW must be at least ten feet.
(d) The structure is not a boathouse or a boat storage structure.
(e) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf-on conditions.
(f) Roofs of structures may be used as an open-air deck with safety rails, but must not be enclosed or used as a storage area.
(g) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(h) The owner or occupant of any riparian lot may have one fish house in addition to the one water-oriented accessory structure allowed by the provisions of this division without obtaining a variance. The fish house must display a current state fish house license issued to that fish house in order to qualify for this exemption. Only one of the two structures may be located in the Shoreland Impact Zone.
(3) 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:
(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 disabled persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of this section are met and the facilities comply with Minn. Admin. Rules Chapter 1341.
(4) Decks. Except as provided herein, decks must meet the structure setback standards. Decks that do not meet setback requirements from public waters may be allowed without a variance to be added to structures existing on the date the shoreland structure setbacks were established by ordinance, if all of the following criteria and standards are met:
(a) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing OHW setback of the structure;
(b) The deck encroachment toward the OHW does not exceed 15% of the existing shoreline setback of the existing structure from the OHW or does not encroach closer than 30 feet, whichever is more restrictive; and
(c) The deck is constructed primarily of wood and is not roofed or screened.
(5) Access lots. Access lots, which are intended as controlled accesses to public waters or recreation areas for use by owners of non-riparian lots within subdivisions must meet or exceed 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) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot.
(c) Covenants or other equally effective legal instruments may 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, beaching, mooring or docking. They may 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 may limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be moored or docked and may require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They may 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. In no case shall covenant provisions be less restrictive than provisions of this section or any other city ordinance.
(6) Placement, design, and heights of structures. When more than one setback applies to a site, structures and facilities 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 OHW, provided the proposed building site is not located in a Shore Impact Zone or in a Bluff Impact Zone. Structures may not be located closer than 30 feet to the top of any bluff.
(7) Steep slopes. The Building Official 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, significant viewscape impact, and to preserve existing vegetative screening from structures, vehicles and other facilities as viewed to and from the surface of public waters, assuming summer, leaf-on vegetation.
(8) Impervious surface. No lot shall be covered by more than 25% impervious surface. This standard shall not apply for uses in the CBD, B-1, B-2, or I-1 Districts if the proposed use either causes no increase in surface water discharge or if all discharges are accommodated by a surface water management system or program approved by the city.
(G) Certification upon completion.
(1) Upon completion of any structure which was constructed or cited in a designated flood hazard area, the permittee shall provide the Zoning Administrator with certification of the as-built first floor elevation data and maintain an on-going record thereof.
(2) All A-zones as shown on the flood insurance rate map of the city are hereby designated as the flood hazard areas of the city.
(Ord. 20220120-01, passed 1-20-22; Am. Ord. 20220421-01, passed 4-21-22)