12-3-7: PERFORMANCE STANDARDS FOR PRIVATE FACILITIES:

   A.   Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan.

   B.   General Design Standards. All private facilities must be developed in accordance with the vegetation management and land alteration and storm water management requirements in Sections 12-3-9 and 12-3-10.

   C.   Private Roads, Driveways, and Parking Areas. Except as provided in Section 12-3-15, private roads, driveways, and parking areas must:

      1.   Be designed to take advantage of natural vegetation and topography so that they are not readily visible;

      2.   Comply with structure setback requirements according to Section 12-3-6.C; and

      3.   Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section 12-3-15 and designed consistent with Section 12-3-8.B.

   D.   Private water access and viewing facilities.

      1.   Private access paths must be no more than:

         a.   Eight feet (8') wide, if placed within the shore impact zone; and

         b.   Four feet (4') wide, if placed within the bluff impact zone.

      2.   Private water access ramps must:

         a.   Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and

         b.   Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities.

      3.   Design and construction of private stairways, lifts, and landings are subject to the following standards:

         a.   Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by a conditional use permit;

         b.   Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than 32 square feet are allowed for commercial properties and residential facilities held in common, if approved by a conditional use permit;

         c.   Canopies or roofs are prohibited on stairways, lifts, or landings;

         d.   Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and

         e.   Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to Section 12-3-7.D.3.a. through d. (as noted above), and as provided under Section 12-3-3.G.

      4.   One water-oriented accessory structure is allowed for each riparian lot or parcel less than three-hundred feet (300') in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must:

         a.   Not exceed twelve feet (12') in height;

         b.   Not exceed one hundred twenty (120) square feet in area; and

         c.   Be placed a minimum of ten feet (10') from the ordinary high water level.

   E.   Decks and Patios in Setback Areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with Sections 12-3-9 and 12-3-10, provided that:

      1.   The encroachment of the deck or patio into the required setback area does not exceed fifteen percent (15%) of the required structure setback;

      2.   The area of the deck or patio that extends into the required setback area occupies no more than twenty-five percent (25%) of the total area between the required setback and the 15 percent using the formula:

[Required setback depth (ft.) x 0.15 x lot width at setback (ft.) x 0.25 = maximum total area]

      3.   The deck or patio does not extend into the bluff impact zone. [See Figure 8 - below].

   FIGURE 8: DECK AND PATIO ENCROACHMENT DIAGRAM

   F.   Fences. Fences between principal structures and the river are allowed if fences are:

      1.   Not higher than six feet (6');

      2.   Not located within the SIZ and BIZ; and

      3.   Not located in the regulatory floodplain. (Ord. 568, 9-23-2021)