(A) Purpose. In order to prevent pollution of the waters of the state, to provide ample space on lots for sanitary facilities, to maintain property values, to maintain the natural characteristic of shoreland and to provide for wise utilization of water and related land resources of the state, this district is hereby created.
(B) Public water classification.
(1) Spirit Lake. The classification is general development. The distance affected is 1,000 feet from normal high water mark.
(2) Blueberry River. The classification is general development. The distance affected is 300 feet from high water mark or boundary of designated flood plain.
(C) Permitted and conditional uses. The land use regulations in the S-D district shall be the same as the applicable zoning district whose boundaries fall within the S-D district.
(D) Shoreland lot area, yard, height, depth and setback regulations.
(1) Lot area.
(a) Abutting public waters, without public sewer, the area shall be 20,000 square feet. With a public sewer, the area shall be 15,000 square feet.
(b) Not abutting public waters, without public sewer, the area shall be 20,000 square feet. With public sewer, the area shall be 10,000 square feet.
(c) Units in excess of two require an additional 2,000 square feet of area per unit.
(2) Water frontage and width at building line.
(a) Without public sewer, the frontage and width shall be 150 feet.
(b) With public sewer, the frontage and width shall be 75 feet.
(c) Lots not abutting public waters, but are still within S-D district shall have the same width regulations as the applicable zone.
(3) Building setback from ordinary high water mark.
(a) Without public sewer, the setback shall be 75 feet.
(b) With public sewer, the setback shall be 50 feet.
(c) Boathouses may be located up to the high water mark as a permitted use, as long as they are not used for habitation and contain no sanitary facilities.
(4) Total lot area covered by impervious surface. With or without public sewer, the area shall be 30%.
(5) Building elevation above high water mark. With or without public sewer, the elevation shall be three feet.
(6) Setbacks. Height, depth, yard and street setback regulations will be those of the applicable zoning district.
(E) Regulation on undeveloped lots platted prior to adoption of zoning chapter. A lot of record, created before the adoption of this zoning chapter, which does not meet the requirements of the shoreland district, will be allowed as a building site provided the following conditions are met:
(1) The lot is in separate ownership from abutting lots before adoption of this chapter;
(2) The intended use for the lot is allowed in the applicable zoning district;
(3) The building is constructed and setback is in as close to compliance as is practicable to the requirements of this zoning chapter.
(F) Shoreland alterations. Natural vegetation in shoreland areas shall be preserved in so far as practical and reasonable in order to retard surface run off and soil erosion and to utilize excess nutrients. The removal of natural vegetation shall be controlled by municipal shoreland ordinance in accordance with the following criteria:
(1) Clear cutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas;
(2) Natural vegetation shall be restored insofar as feasible after any construction project;
(3) Selective cutting of trees and underbrush shall be allowed as long as sufficient growth is left to screen motor vehicles and structures when viewed from the water.
(G) Alteration of beds of public waters.
(1) Any work which will change the supply of water for domestic purposes shall conform to Minnesota Department of Health standards for water quality.
(2) Any premises used for human occupancy shall be provided with an adequate method of sewage disposal and shall conform to Minnesota Department of Health standards for sewage disposal. Where available or feasible, public or municipal collection facilities must be used.
(3) Sewage system setback from ordinary high water mark shall be 75 feet.
(4) Elevation of sewage system from ground water level shall be four feet.
(5) All sewage systems within the shoreland district shall comply with this chapter.
(Ord. passed 4-24-78) Penalty, see § 10.99