(A) Agricultural, forest, and extractive uses. To the extent that these uses are allowed or permitted within shoreland areas, the following standards or conditions apply for the particular use.
(1) Agriculture.
(a) The Shore Impact Zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level (OHW).
(b) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting, if allowed by this chapter, must be conducted in a manner to ensure that steep slopes and Shore and Bluff Impact Zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation districts or the U.S. Soil Conservation Service.
(c) Animal feedlots, as defined by the State Pollution Control Agency, where allowed by zoning district designations, must be reviewed as conditional uses and must meet the following standards:
1. New feedlots must not be located in the shoreland of watercourses or in Bluff Impact Zones and must meet a minimum setback of 300 feet from the OHW of all public waters basins;
2. Modifications or expansions to existing feedlots that are located within 300 feet of the OHW or within a Bluff Impact Zone are allowed if they do not further encroach into the existing OHW setback or encroach on Bluff Impact Zones; and
3. A certificate of compliance, interim permit or animal feedlot permit, when required by state law, must be obtained by the owner or operator of an animal feedlot.
(d) Use of fertilizer, pesticides or animal wastes within shorelands must be done in a way as to minimize impact on the Shore Impact Zone or public water by proper application or use of earth or vegetation.
(2) Forest management. The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards:
(a) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the State Nonpoint Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.
(b) To the extent permitted by this part or state law, forest land which is converted to another use requires issuance of a conditional use permit and adherence to the following standards:
1. A Shore or Bluff Impact Zone must not be intensively cleared of vegetation; and
2. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.
(c) Use of fertilizer, pesticides, or animal wastes within shorelands must be done in a way as to minimize impact on the Shore Impact Zone or public water by proper application or use of earth or vegetation.
(3) Extractive uses. Processing machinery must be located consistent with setback standards for structures from OHW of public waters and from bluffs. An extractive use site development and restoration plan must be developed and approved by the city, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion and must clearly explain how the site will be rehabilitated after extractive activities end.
(B) Commercial, industrial, public, and semi-public uses.
(1) Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. 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 OHW setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(2) Those with water-oriented needs must meet the following standards:
(a) In addition to meeting impervious coverage limits, setbacks and other zoning standards, the uses must be designed to incorporate topographic and vegetative screening and parking areas and structures.
(b) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
(c) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.
2. Signs may be placed, when necessary, within the Shore Impact Zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.
3. Other outside lighting may be located within the Shore Impact Zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
(Ord. 20220120-01, passed 1-20-22)