12-3-15: EXEMPTIONS:

   A.   Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes, section 116G.15 Subd. 4.

   B.   Applicability.

      1.   Uses and activities not specifically exempted in this section must comply with this Chapter. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in Sections 12-3-9 and 12-3-10.

      2.   Uses and activities in Section 12-3-15.B.3 are categorized as:

         a.   E - Exempt means that the use or activity is allowed;

         b.   (E) - Exempt if no alternative means that the use or activity is allowed only if no alternatives exist; and

         c.   N - Not exempt means that a use or activity is not exempt and must meet the standards of this chapter.

         d.   N/a - not applicable.

      3.   Use and activity exemptions classification

         a.   General uses and activities.

 

Use or Activity	Setbacks	Height Limits	SIZ	BIZ	Applicable standards with which the use or activity must comply
Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries and railroad signaling towers)	N	E	N	N	Structure design and placement must minimize interference with public river corridor views.
Barns, silos, and farm structures	N	E	N	N
Bridges and bridge approach roadways	E	E	E	(E)	Section 12-3-8
Wireless communication towers	E	E	N	N	Section 12-3-5 .B.6
Chimneys, church spires, flag poles, public monuments, and mechanical stacks and equipment	N	E	N	N
Historic properties and contributing properties in historic districts	E	E	E	E	Exemptions do not apply to additions or site alterations

 

         b.   Public utilities.

 

Use or Activity	Setbacks	Height Limits	SIZ	BIZ	Applicable standards with which the use or activity must comply
Electrical power facilities	E	E	E	(E)	Section 12-3-8
Essential services (other than storm water facilities)	E	E	E	(E)	Section 12-3-8
Storm water facilities	E	N	E	(E)	Section 12-3-10
Wastewater treatment	E	N	E	N	Section 12-3-8
Public transportation facilities	E	N	(E)	(E)	Section 12-3-8

 

         c.   Public recreational facilities.

Use or Activity	Setbacks	Height Limits	SIZ	BIZ	Applicable standards with which the use or activity must comply
Accessory structures, such as monuments, flagpoles, light standards, and similar park features	E	E	(E)	(E)	Section 12-3-8 ; within BIZ, only on slopes averaging less than 30%. Exemptions do not apply to principal structures.
Picnic shelters and other open-sided structures	E	N	(E)	N	Section 12-3-8
Parking lots	(E)	N	(E)	(E)	Section 12-3-8 ; within BIZ, only within 20 feet of toe of bluff; not on face of bluff; and must not affect stability of bluff
Roads and driveways	(E)	N	(E)	(E)	Section 12-3-8
Natural-surfaced trails, access paths, and viewing areas	E	N	E	E	Section 12-3-8
Hard-surfaced trails and viewing platforms	E	N	E	(E)	Section 12-3-8 ; within BIZ, only on slopes averaging less than 30%
Water access ramps	E	N	E	(E)	Section 12-3-8
Public signs and kiosks for interpretive or directional purposes	E	N	E	(E)	Section 12-3-8

 

         d.   River-dependent uses.

 

Use or Activity	Setbacks	Height Limits	SIZ	BIZ	Applicable standards with which the use or activity must comply
Shoreline facilities	E	N1	E	(E)	Section 12-3-5.B.5. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility
Private roads and conveyance structures serving river-dependent uses	E	N1	E	(E)	Section 12-3-5.B.5.
1   River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons.

 

         e.   Private residential and commercial water access and use facilities.

Use or Activity	Setbacks	Height Limits	SIZ	BIZ	Applicable standards with which the use or activity must comply
Private roads serving 3 or more lots	(E)	N	N	(E)	Section 12-3-7 ; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer 3 lots or to private driveways and parking areas
Access paths	E	N	E	E	Section 12-3-7
Water access ramps	E	N	E	N	Section 12-3-7
Stairways, lifts, and landings	E	N	E	E	Section 12-3-7
Water-oriented accessory structures	E	N	E	N	Section 12-3-7
Patios and decks	E	N	N	N	Section 12-3-7 .E
Temporary storage of docks, boats, and other equipment during the winter months	E	N	E	N
Erosion control structures, such as rock riprap and retaining walls	E	N	E	(E)	Sections 12-3-10 .C, 12-3-10 .E, and 12-3-10 .F
Flood control structures	E	N	E	(E)	Section 12-3-10

 

(Ord. 568, 9-23-2021)