(A) General purpose. Overlay zoning districts are superimp osed over portions of one or more base zoning districts in order to introduce additional zoning requiremen ts necessary to address a specific issue.
(B) Relationship to base zoning districts.
(1) Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district unless expressly stated otherwise in these regulations.
(2) Conflicts between overlay district standards and other standards in this chapter shall be resolved as outlined in § 153.007(C).
(C) Floodplain district.
(1) Statutory authorization, findings of fact and purpose.
(a) Statutory authorization. The legislature of the State of Minnesota has, in M.S. Chapter 103F and Chapter 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows.
(b) Purpose.
1. This chapter regulates development in the flood hazard areas of the city of Monticello. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
2. National Flood Insurance Program Compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
3. This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(2) General provisions.
(a) Lands to which ordinance applies. This chapter applies to all lands within the jurisdiction of the city of Monticello within the boundaries of the Floodway and Flood Fringe Districts. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with § 153.046(C)(2)(a)2. below.
1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
2. Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.
3. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.
(b) Incorporation of maps by reference.
1. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this chapter.
a. Currently effective flood insurance study:
(i) City of Monticello, Minnesota, dated May 1979.
(ii) Wright County Minnesota unincorporated areas, dated 8/18/1992.
b. Currently effective Flood Insurance Rate Map panels enumerated below:
(i) City of Monticello, Panel 2705410005B, effective 11/1/1979.
(ii) Wright County, Minnesota Panel 2705340018C, effective 8/18/1992.
(iii) Wright County, Minnesota Panel 2705340015B, effective 8/4/1988.
c. Currently effective Flood Boundary and Floodway Map panels enumerated below:
(i) City of Monticello, Panel 2705410001B, effective 11/1/1979.
(ii) City of Monticello, Panel 2705410002B, effective 11/1/1979.
(iii) City of Monticello, Panel 2705410003B, effective 11/1/1979.
d. Preliminary flood insurance study:
(i) Wright County Minnesota and Incorporated Areas, dated 6/22/2011.
e. Preliminary Flood Insurance Rate Map panels enumerated below:
(i) Wright County, Minnesota Panel 27171C0155D, dated 6/22/2011.
(ii) Wright County, Minnesota Panel 27171C0160D, dated 6/22/2011.
(iii) Wright County, Minnesota Panel 27171C0165D, dated 6/22/2011.
(iv) Wright County, Minnesota Panel 27171C0170D, dated 6/22/2011.
(v) Wright County, Minnesota Panel 27171C0190D, dated 6/22/2011.
2. For any instance where the effective and preliminary maps conflict, the more restrictive map shall apply. These materials are on file in the City Clerk’s Office, City of Monticello City Hall.
(c) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(d) Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of Monticello or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(e) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
(f) Definitions. Unless specifically defined below, words or phrases used in this chapter must be interpreted according to common usage and so as to give this chapter its most reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION. The elevation of the “regional flood.” The term “base flood elevation” is used is used in the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
a. Certain conditions as detailed in the zoning ordinance exist.
b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.
CRITICAL FACILITIES. Facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the special flood hazard area (1% annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the flood insurance study for Wright County, Minnesota.
FLOOD INSURANCE RATE MAP. An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”
NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this chapter.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the “Regional Flood” (see definition).
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with “100-Year Floodplain.”
START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 153.046(I)(2)(b) and other similar items.
SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
b. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this chapter, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1.
(g) Annexations. The Flood Insurance Rate Map panels adopted by reference into § 153.046(C)(2) above may include floodplain areas that lie outside of the corporate boundaries of the City of Monticello at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city of Monticello after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter.
(h) Detachments. The Flood Insurance Rate Map panels adopted by reference into § 153.046(C)(2) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this chapter. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of Monticello after the date of adoption of this chapter, the newly detached floodplain lands will be subject to the provisions of this chapter immediately upon the date of detachment.
(3) Establishment of floodplain districts.
(a) Districts.
1. Floodway District. The Floodway District includes those areas within Zones AE, A2, A7 delineated within floodway areas as shown on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted in § 153.046(C)(2).
2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE, A2, A7 on the Flood Insurance Rate Map and flood boundary and floodway maps adopted in § 153.046(C)(2),but located outside of the floodway.
3. Reserved for General Floodplain District.
(4) Requirements for all floodplain districts.
(a) Permit required. A permit must be obtained from the Zoning Administrator to verify a development meets the standards outlined in this chapter prior to conducting the following activities:
1. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.
2. The construction of a dam, on-site septic system, or fence, although a permit is not required for a farm fence as defined in this chapter.
3. The use or change of use of a building, structure, or land.
4. The change or extension of a nonconforming use.
5. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
6. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
7. Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.
8. Any other type of “development” as defined in this chapter.
(b) Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Constructed with materials and utility equipment resistant to flood damage;
3. Constructed by methods and practices that minimize flood damage; and
4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(c) Flood capacity. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.
(d) Other.
1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
2. Critical facilities, as defined in § 153.046(C)(2)(f), are prohibited in all floodplain districts.
(D) Floodway District (FW).
(1) Permitted uses. The following uses, subject to the standards set forth in § 153.046(D)(2), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.
(b) Industrial-commercial loading areas, parking areas, and airport landing strips.
(c) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
(d) Residential yards, lawns, gardens, parking areas, and play areas.
(e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.
(2) Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.
(c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(3) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 153.046(J)(4) of this chapter and further subject to the standards set forth in § 153.046(D)(4), if otherwise allowed in the underlying zoning district or any applicable overlay district.
(b) Extraction, fill and storage of soil, sand, gravel, and other materials.
(c) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures.
(d) Storage yards for equipment, machinery, or materials.
(e) Construction of fences that obstruct flood flows. Farm fences, as defined in § 153.046(C)(2)(f), are permitted uses.
(f) Travel-ready recreational vehicles meeting the exception standards in § 153.046(I)(2)(b).
(g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) All uses. A conditional use must not cause any increase in the regional flood elevations or cause an increase in flood damages in the reach or reaches affected.
(b) Fill; storage of materials and equipment.
1. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
2. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City of Monticello has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
(c) Accessory structures. Accessory structures, as identified in § 153.046(D)(3)(a), may be permitted, provided that:
1. Structures are not intended for human habitation;
2. Structures will have a low flood damage potential;
3. Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;
4. Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;
5. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.
6. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
(d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245, as it may be amended from time to time.
(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(E) Flood Fringe District (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 153.046(E)(2). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
1. The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.
2. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; (ii) be constructed with materials resistant to flood damage; and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.
3. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
(d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
(e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.
(f) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(g) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City of Monticello.
(h) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(i) Manufactured homes and recreational vehicles must meet the standards of § 153.046(I) of this chapter.
(3) Conditional uses. The following uses and activities may also be allowed as conditional uses as a principal or accessory use only if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 153.046(J).
(a) Storage of any material or equipment below the regulatory flood protection elevation.
(b) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 153.046(E)(2)(a).
(c) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in § 153.046(E)(4)(f).
(4) Standards for flood fringe conditional uses:
(b) Residential basements, as defined by § 153.046(C)(2)(f), are not allowed below the regulatory flood protection elevation.
(c) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, meeting the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
1. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City of Monticello.
3. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.
(f) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:
1. Design and certification. The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Structure shall be subject to a nonconversion agreement with upon the issuance of any permit.
2. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
a. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and
b. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
(F) Reserved for General Floodplain District.
(G) Subdivision standards.
(1) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
(a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City of Monticello. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
(d) Subdivision proposals must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within the flood prone area;
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure of flood hazard.
(H) Public utilities, railroads, roads, and bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be flood proofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with § 153.046(C)(4) and § 153.046(D). These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(3) On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minn. Rules 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minn. Rules 7080.2270, as amended.
(I) Manufactured homes and recreational vehicles.
(1) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:
(a) Placement or replacement of manufactured home units is prohibited in the Floodway District.
(b) Placement or replacement of manufactured home units in the Flood Fringe District is subject to the requirements of § 153.046(E) and the following standards.
1. New and replacement manufactured homes must be elevated in compliance with § 153.046(D) of this chapter and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
2. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 153.046(G)(1)(b) of this chapter.
(2) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the requirements below.
(a) Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed in § 153.046(I)(2)(b):
1. Individual lots or parcels of record.
2. Existing commercial recreational vehicle parks or campgrounds.
3. Existing condominium-type associations.
(b) Criteria for exempt recreational vehicles:
1. The vehicle must have a current license required for highway use.
2. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
3. No permanent structural type additions may be attached to the vehicle.
(J) Administration.
(1) Duties. A Zoning Administrator or other official designated by the City of Monticello must administer and enforce this chapter.
(2) Permit application requirements.
(a) Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
1. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state or federal permits or approvals.
4. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
(b) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect. Accessory structures designed in accordance with § 153.046(E)(2)(b) of this chapter are exempt from certification, provided sufficient documentation is provided.
(c) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
(d) Construction and use as provided on applications. Permits, conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter.
(e) Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
(f) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, as it may be amended from time to time, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(g) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(3) Variances.
(b) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(c) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
1. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
2. Variances may only be issued by a community upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(e) General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
1. The potential danger of life and property due to increased flood heights or velocities caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the injury of others;
3. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
4. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
5. The importance of the services to be provided by the proposed use to the community;
6. The requirements of the facility for a waterfront location;
7. The availability of viable alternative locations for the proposed use that are not subject to flooding;
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
9. The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(f) Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator or other official designated by the City of Monticello must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(g) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(h) Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(4) Conditional uses.
(b) Factors used in decision-making. In passing upon conditional use applications, the City of Monticello must consider all relevant factors specified in other sections of this chapter, and those factors identified in § 153.046(J)(3)(e).
(c) Conditions attached to conditional use permits. The City of Monticello may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
1. Modification of waste treatment and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
5. Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(d) Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator or other official designated by the City of Monticello must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(e) Submittal of hearing notices to the Department of Natural Resources (DNR). The City of Monticello must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(f) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(K) Nonconformities.
(1) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 153.046(C)(2)(f), are subject to the provisions of § 153.046(K)(1)(a) to § 153.046(K)(1)(f).
(a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in § 153.046(K)(1)(b) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in § 153.046(K)(1)(d) below.
(c) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter.
(d) If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of § 153.046(D) or § 153.046(E) for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of § 153.046(D) or § 153.046(E).
(e) If any nonconformity is substantially damaged, as defined in this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in § 153.046(D) or § 153.046(E) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in § 153.046(C)(2)(f), it must not be reconstructed except in conformity with the provisions of this chapter.
(L) Violations and penalties.
(1) Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(2) Other lawful action. Nothing in this chapter restricts the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(3) Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of §§ 153.120 through 153.124 and § 153.999. In responding to a suspected ordinance violation, the Zoning Administrator and City of Monticello may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Monticello must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(M) Amendments.
(1) Floodplain designation – restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(2) Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
(3) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 153.046(C)(2).
(N) Wetland District.
(1) Findings, intent and incorporation by reference.
(a) The city has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable.
(b) Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources.
(c) The city has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the city exhibit great variations in their floral variety, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the city has determined that it is necessary and beneficial to classify wetlands based upon their functions and values. The city has also found that it is in the best interest of the general health and welfare of the city to achieve no net loss of wetlands within the community.
(d) The city recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the city finds it necessary to require extraordinary measures to prevent such construction related degradation.
(e) In addition to having regulations that affect the physical impacts within wetland areas the city also finds that it is necessary to regulate the use of lands surrounding wetlands. Wetland buffer strips (as defined in § 153.012), are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before stormwater discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife.
(f) This section hereby incorporates by reference the Wetlands Conservation Act of 1991 [M.S. §§ 103G.221 et seq., as it may be amended from time to time, (herein after referred to as the WCA)] and any future amendments adopted by the legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this section, insofar as they relate to the WCA. All wetlands, as defined in § 153.012, including those governed by the Department of Natural Resources, are covered by the other provisions of this chapter. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in § 153.028(C), departures from the strict application of these standards may be permitted.
(g) It is the intent of § 153.046(C)(2) to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland.
(2) Purpose and implementation.
(a) Through the adoption and enforcement of this section, the city shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this section, the city seeks to accomplish the following purposes:
1. To satisfy the requirements of the WCA as it may be amended and, thereby achieve no net loss of wetlands within the city;
2. To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the city;
3. To preserve the natural character of the landscape through the maintenance of wetland ecosystems;
4. To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and
5. To provide wildlife habitat and thereby support the maintenance of variety of both plant and animal species within the city.
(b) To accomplish these purposes, the city will:
1. Maintain an inventory of all wetlands within the city;
2. Maintain a system of classification for wetlands within the city and classify the city's wetlands based upon their relative values related to floral variety, wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and education benefits.
3. Prepare and maintain a comprehensive set of official maps identifying the location and classification of all wetlands within the city.
4. Establish wetland regulations that are coordinated with floodplain and shoreland protection regulations.
5. Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community.
6. Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs.
7. Obtain protective easements over or acquire fee title to wetlands as appropriate.
8. Develop and maintain a program to educate the public about the numerous benefits and features that wetlands provide and the adverse effects of improperly managed urban development on wetlands.
(3) General provisions.
(a) Identification and delineation of wetlands.
1. This section shall apply to all land containing wetlands and land within the setback and buffer areas required by this section. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.
2. A wetland is land that meets the definition of "wetlands" as set forth in § 153.012. Wetlands shall be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will be identified and the wetland classification as established by the officially adopted city maps shall be prima facie evidence of the location and classification of a wetland. The official maps shall be developed and maintained by the Community Development Department and are open to inspection by the public. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of the section. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the city. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic and soil data deemed necessary by the city to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources.
3. Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this section.
4.
This section establishes four wetland classifications as defined in § 153.012: exceptional quality, high quality, medium quality, and low quality. Wetland classifications shall be established through a wetland functional assessment.
(4) General standards. The following standards apply to all lands containing or abutting a wetland:
(a) Septic and soil absorption systems must be set back a minimum of 75 feet from the city approved boundary of the wetland.
(b) The lowest ground floor elevation of a structure shall be two feet above the 100-year flood elevation, three feet above the ordinary high water mark, or three feet above the highest known water level, whichever is greater, of public waters regulated by § 153.046(D) and § 153.046(E), whichever is greater.
(c) Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations.
(d) The MPCA's Best Management Practices and Minnesota Storm Water Manual, as applicable, shall be followed to avoid erosion and sedimentation during the construction process.
(e) Before the city issues a building permit for a lot with a required wetland buffer, the lot owner shall install the wetland monumentation required by § 153.046(C)(4)(f).
(f) In cases where a site is not subject to the wetland buffer strips and setbacks required by § 153.046(C)(4)(e), buildings, swimming pools, patios, decks, drive aisles, and parking lots shall be set back not less than 15 feet from a wetland edge.
(5) Wetland buffer strips and setbacks.
(a) For lots of record created after effective date of this chapter as denoted in § 153.004, a buffer strip shall be maintained abutting all wetlands. The setback and buffer provisions of § 153.046(C)(4) shall not apply to lots of record created before the effective date of this chapter. The city does however; strongly encourage the use of a wetland buffer and setback on all lots in the city.
(b) Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as a proposed development.
(c) Buffer strip vegetation shall be established and maintained in accordance with the requirements of this section. Buffer strips shall be identified within each lot by permanent monumentation approved by the city.
(d) For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the buffer standards established in division (h) below.
(e) If the area of the buffer has a preconstruction slope of 12% or greater, the buffer shall be at the applicable maximum width for the wetland classification. The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography.
(f) The required structure setback shall apply to all structures, except that such structure setback shall not apply to roadways and trails and their related retaining walls and fences.
(g)
Pursuant to the regulations of this section, the following dimensional requirements shall apply for wetland buffers and setbacks:
TABLE 3-19: WETLAND BUFFER AND SETBACKS FOR EXISTING WETLANDS, IMPACTED WETLANDS, AND MITIGATED WETLANDS
| ||||
Exceptional | High | Medium | Low | |
TABLE 3-19: WETLAND BUFFER AND SETBACKS FOR EXISTING WETLANDS, IMPACTED WETLANDS, AND MITIGATED WETLANDS
| ||||
Exceptional | High | Medium | Low | |
Wetland buffer width (minimum) | 50 ft. | 40 ft. | 10 ft. | 10 ft. |
Wetland buffer width (maximum) [1] | 100 ft. | 60 ft. | 50 ft. | 50 ft. |
Wetland buffer average width | 75 ft. | 50 ft. | 30 ft. | 25 ft. |
Structure setback (from buffer) [2] | 15 ft. | 15 ft. | 15 ft. | 15 ft. |
Total (average) | 90 ft. | 65 ft. | 45 ft. | 40 ft. |
[1]: Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width. [2]: These setbacks shall take precedence over other setbacks required in this chapter. | ||||
(6) Monument required. A permanent wetland buffer monument shall be installed and maintained at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of 200 feet of wetland edge.
(7) Buffer strip vegetation performance standards.
(a) Where acceptable natural vegetation exists in buffer strip areas, such vegetation shall be retained. A buffer strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five consecutive years, or
2. Has an overstory of trees or shrubs with at least 80% canopy closure that have been uncultivated or unbroken for at least five consecutive years, or
3. Contains a mixture of the plant communities described in 1. and 2. above, that have been uncultivated or unbroken for at least five consecutive years.
(b) Notwithstanding the performance standards outlined in division (7)(a) above, the city may determine existing buffer vegetation to be unacceptable if:
1. It is composed of undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge or noxious weeds), or
2. It is lacking a layer of organic thatch or duff, or
3. Has topography that tends to channelize the flow of surface runoff, or
4. For some other reason it is unlikely to retain nutrients and sediment.
(c) Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within five years of the permit application, such areas shall be re-planted and maintained according to each of the following standards:
1. The soil in wetland buffer strips shall be amended, as necessary, to ensure that the soil has an organic content of not less than 10% and not more than 35%.
2. Buffer zones shall be planted with a Board of Water and Soil Resources (BWSR) approved seed mix containing 100% perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye.
3. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four and five species, respectively.
4. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
5. Native shrubs may be substituted for forbs. Such shrubs may be bare root seedlings and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.
6. Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City Code and city policy.
7. Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power-Till Seeder.
8. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.
9. All seeded areas shall have a two-inch thick application of compost (Mn/DOT Grade 1 Section 3890) or be mulched immediately with clean straw at a rate of one and one-half tons per acre. Mulch shall be anchored with a disk or tackifier.
10. Buffer zones (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established.
11. Applicants may obtain from the city a set of standard seeding and planting specifications for buffer zones which meet all the city requirements.
(d) During the first five years after initial planting, the developer shall submit to the city an annual report documenting the progress for establishment of the buffer. The report shall include a map of the buffer location, a description of compliance with the performance standards, a description of activities completed within the past year, a description of activities planned for the upcoming year, a map of plant communities within the buffer boundary including square footage estimates of the areas of native plantings and invasive or non-native vegetation, and other information as may be requested by the City of Monticello. Until such time as the buffer is accepted by the city, the developer shall be required to replant any buffer vegetation that does not survive. After the city has accepted the buffer, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards established in this subdivision.
(8) Encroachment in required setback and buffer areas.
(a) Patios and decks may encroach up to a maximum of six feet into required structure setback areas. Porches may not encroach into required structure setback areas. Any fence or retaining wall located within the required structure setback area shall be designed and constructed so as to not obstruct the flow of stormwater.
(b) Water quality ponds may encroach into required wetland buffer areas, provided that the amount of buffer encroached upon does not exceed 50% of the total area required for such ponding, and provided that the amount of buffer encroached upon does not exceed 50% of the total area required for buffering. These limitations may be exceeded where two-cell water quality ponding is utilized.
(c) Wetlands and required wetland buffer areas must be kept free of all structures and features, including fences and play equipment.
(d) Wetlands and required wetland buffer areas shall not be used for outside storage of household or personal items, lawn equipment, furniture, firewood, parts, yard waste, and the like.
(9) Variances.
(a) Requests for variances shall be made in accordance with the procedures and requirements set forth in § 153.028(C).
(O) Wild and Scenic Recreational River District.
(1) Purpose. The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act (M.S. §§ 103F.301 et seq., as they may be amended from time to time) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to 6105.0250; and as applicable, the provision of 6120.2600 to 6120.3900.
(2) Designation of district. In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the city has been given a recreational river classification, and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan, Minn. Rules 6105.0800--6105.0960. The provisions of § 153.046(E) shall apply to all lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the Wild and Scenic Recreational River overlay district. In case of conflict between the map and the property descriptions and boundaries in Minn. Rules 6105.0910 and 6105.0950, the latter shall prevail.
(3) District application. The regulations and requirements imposed by the WSRR overlay district shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the more restrictive requirements shall apply. Any person contemplating development in the WSRR overlay district should review the base district requirements with the Community Development Department to determine which regulations will apply.
(4) Substandard lots. Any lot of record filed in the office of the county recorder on or before July 1, 2000, which does not meet the dimensional requirements of this chapter may be allowed as a building site subject to the following:
(a) Such use is permitted in the land use district.
(b) The lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived.
(c) All sewage disposal and sewage setback requirements of the shoreland overlay district are met.
(d) The lot is at least 10,000 square feet in area.
(e) If in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the lot width requirements of the local regulation, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting lot width requirements.
(5) Substandard uses. Any uses in existence on a lot of record filed in the office of the county recorder on or before July 1, 2000, which are permitted uses in accordance with §§ 153.090 through 153.093, but do not meet minimum setbacks or other dimensional requirements of the ordinance are to be considered as substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions:
(a) Any structural alteration or addition to a substandard use which will increase the substandard dimension(s) shall not be allowed.
(b) Substandard signs shall be gradually amortized over a period of time not to exceed five years once amortization has been initiated by the city.
(6) Allowable uses. The allowable uses in the WSRR overlay district shall be as allowed in §§ 153.090 through 153.093 for the underlying zoning classification provided the uses are in conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3000, 6120.3100 and 6120.3200; and with the criteria for recreational rivers in 6105.0100 subpart 3.
(7) Conditional uses.
(b) Any structure(s) associated with a conditional use which are proposed to be located upon steep slopes greater than 12% shall adhere to the following conditions:
1. The structure, in a manner judged acceptable by the city, shall be screened from view of the river and adjacent shorelands as much as possible assuming summer, leaf-on conditions.
2. An adequate conforming sanitary sewer and water system can be established on the site.
3. All provisions of § 153.069 are adhered to as part of the conditional use permit.
(8) Recreational river land use subdistricts – standards, lot dimensions, setbacks, and impervious surface requirements.
(a) Areas covered. The following areas of the city are covered by this division: all areas of the wild and scenic recreational river district within the city.
(b) Standards for lots. Lots within the WSRR overlay district shall conform to the standards in Table 3-20. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.
TABLE 3-20: WILD AND SCENIC LOT REQUIREMENTS | ||
River Type | Lot Size | Lot Width [1] |
Wild | 6 acres | 300 feet |
Scenic | 4 acres | 250 feet |
Recreational | 2 acres | 200 feet |
[1]: Lot width shall be met at both the OHW and at the required setback from the OHW in accordance with § 153.010(B)(1)(i). | ||
(c) Standards for principal structures. Principal structures within the WSRR overlay district shall conform to the standards in Table 3-21. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.
TABLE 3-21: WILD AND SCENIC PRINCIPAL STRUCTURE SETBACKS
|
TABLE 3-21: WILD AND SCENIC PRINCIPAL STRUCTURE SETBACKS
| ||
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from all roads when a lot is bounded by two or more roadways) | ||
Arterial road | 30 feet | |
Collector road | 30 feet | |
Local road | 30 feet | |
Landlocked parcel | 30 feet | |
Unsewered | Sewered | |
Side yard setbacks | 30 feet | 10 feet |
Rear yard setbacks | 50 feet | 30 feet |
Setback from the OHW of the Mississippi River | 150 feet | 100 feet |
Setback from a bluff line | 75 feet | 75 feet |
Sewer setback from the OWH | 75 feet | 75 feet |
(d) Accessory structure setbacks. Accessory structures within the WSRR overlay district shall conform to the standards in Table 3-22. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.
TABLE 3-22: WILD AND SCENIC ACCESSORY STRUCTURE SETBACKS
| ||
Unsewered | Sewered | |
Setback from the OHW of the Mississippi River | 75 feet | 50 feet |
Setback from a bluff line | 30 feet | 30 feet |
(e) Impervious surface requirements.
1. Impervious surfaces on lots within the WSRR overlay district shall adhere to the following standards:
a. Impervious surface coverage of lots must not exceed 25% of the lot area.
b. When constructed facilities are used for stormwater management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
c. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
2. The provisions of division 1. above may be varied without a variance if all of the following criteria and standards are met:
a. All structures and impervious surfaces are located on slopes less than 12%. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.
b. The site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and sedimentation problems consistent with Protecting Water Quality in Urban Areas: Best Management Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the state law library and not subject to frequent change.
c. A site development, maintenance, and inspection plan incorporating the comprehensive practices of this section is submitted and approved by the city prior to the issuance of an impervious surfacing permit and the plan is implemented.
d. The city may impose additional conditions determined necessary to protect the public health, safety, and welfare.
(9) Building height. The following minimum requirements shall be observed in the WSRR overlay district:
(a) The maximum height of principal structures shall not exceed 35 feet, except that the maximum height for principal structures shall not exceed 25 feet when such structure is subject to the requirements of the Shoreland Overlay District, in which case the requirements of the Shoreland District shall apply.
(b) The maximum height of accessory structures shall not exceed 25 feet.
(10) Additional structure and use standards.
(a) Placement of structures. Structures shall not be located on slopes greater than 12% except by conditional use permit as provided for in § 153.046(D)(7).
(b) Maximum density. The maximum density in the WSRR overlay district shall not exceed one dwelling unit per lot.
(c) Multiple unit dwelling structures. Multiple-family dwelling units shall meet the following additional standards:
1. Each building must be set back at least 200 feet from the ordinary high water level;
2. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; and
3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building (i.e. only one docking facility per lot).
(d) Stormwater management. Subject to other more restrictive limitations which may be imposed by this chapter, the following general and specific standards shall apply:
1. General standards.
a. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
b. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
2. Specific standards.
a. When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
b. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(e) Special provisions for commercial, industrial, public/semipublic, agricultural, and forestry.
1. Standards for commercial, industrial, public, and semipublic uses.
a. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs for access to and use of public waters may be located on parcels or lots with frontage on public waters. Subject to other more restrictive limitations which may be imposed by this chapter, those uses with water-oriented needs shall meet the following standards:
(i) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures;
(ii) 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; and
(iii) 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:
A. 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.
B. 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 shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters; and
C. 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.
b. 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 ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
2. Agriculture use standards.
a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the natural resources conservation service, as provided by a qualified individual or agency.
(i) 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.
(ii) The bluff impact zone is equal to the bluff and land located within 20 feet from a bluff line.
b. Animal feedlots shall meet the requirements of this chapter, as well as the following standards:
(i) New feedlots shall not be located in the WSRR overlay district; and
(ii) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within the bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
c. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
3. Forest management standard.
a. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment--Forestry and the provisions of Water Quality in Forest Management--Best Management Practices in Minnesota.
b. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
4. Extractive use standards.
a. Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall 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 shall clearly explain how the site will be rehabilitated after extractive activities end.
b. Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from the ordinary high water level and from blufflines.
(11) Vegetative cutting. Selective cutting of trees in excess of four inches in diameter at four feet height within the WSRR overlay district and within 100 feet of the ordinary high water level and 20 feet landward of the bluffline shall be subject to the following:
(a) Clearcutting, except for any authorized public services such as roads and essential services, shall not be permitted. Clearcutting for essential services, such as telephone lines, substations, and related structures, shall require a special permit issued by the City Council in accordance with § 153.028(N).
(b) Cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting may be performed so as to maintain a continuous tree cover in the remaining wooded areas.
(c) The above cutting provisions shall not be deemed to prevent:
1. The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.
2. Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at four-foot height.
(d) Except in cases where vegetative cutting has been approved as part of a subdivision or other development, any person proposing vegetative cutting shall apply to the city for a vegetative cutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information:
1. Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land involved.
4. The purpose of the vegetative cutting.
5. A description of the type and amount of vegetation to be cut.
6. The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried.
7. An estimate of the time required to complete the vegetative cutting.
8. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare.
10. A statement that the applicant will comply with all conditions prescribed by the city.
(12) Clearcutting restrictions. Clearcutting within the WSRR overlay district shall be subject to the following standards and criteria:
(a) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to injury.
(b) Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.
(c) The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary.
(d) Where feasible, all clearcuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring.
(e) Except in cases where clearcutting has been approved as part of a subdivision or other development, any person proposing clearcutting shall apply to the city for a clearcutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information:
1. Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land involved.
4. The purpose of the clearcutting.
5. A description of the type and amount of clearcutting to be conducted.
6. The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried.
7. An estimate of the time required to complete the vegetative cutting.
8. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare.
10. A statement that the applicant will comply with all conditions prescribed by the city.
(13) Grading and filling. Any grading and filling conducted within the WSRR overlay district shall require a permit and shall comply with the following:
(a) The provisions of § 153.028(N) are satisfactorily met.
(b) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be allowed.
(c) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority.
(d) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities.
(e) Grading and filling of the natural topography shall also meet the following standards:
1. The smallest amount of bare ground is exposed for as short a time as feasible.
2. Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.
3. Methods to prevent erosion and to trap sediment are employed.
(f) Excavation of material from, or filling in the river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the Commissioner of the Department of Natural Resources pursuant to M.S. § 103G.245, as it may be amended from time to time.
(g) Draining or filling of wetlands as defined by this chapter shall be expressly prohibited.
(14) Utility transmission lines. All utility transmission crossings of land within the WSRR overlay district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minn. Rules 6105.0170 and 6105.0180.
(15) Public roads. In addition to such permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of new public roads within the WSRR overlay district. Such construction or reconstruction shall be subject to the standards and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional use permit shall not be required for marginal access streets which are intended to serve primarily as an access to abutting properties.
(16) Land suitability. No land shall be subdivided which is determined by the city or the Commissioner of the Department of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the city.
(17) Nonconforming use. All uses in existence prior to July 1, 2000, which are lawfully permitted uses within the wild and scenic recreational river district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this chapter shall be allowed to continue subject to the following conditions and exceptions:
(a) Any structural alteration or addition to a nonconforming use which will increase the substandard dimensions shall not be allowed.
(b) Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of this division.
(18) Sewage treatment.
(a) Public system required. Publicly owned sewer systems must be used.
(b) Nonconforming sewage treatment systems. A nonconforming sewage treatment system not meeting the requirements of applicable rules of the state Department of Health, the state pollution control agency, specifically Minn Rules Ch. 7080, for individual sewage treatment systems, and any other applicable local government standards shall be brought into conformity or discontinued within five years of the date of enactment of the Wild and Scenic Recreational River District Ordinance from which this division is derived.
(19) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state Department of Health and the state pollution control agency and administrative procedures of this chapter. Private wells must be located, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state Department of Health.
(20) Plats. Copies of all plats within the Wild and Scenic Recreational River District shall be forwarded to the Commissioner of the Department of Natural Resources within ten days of approval by the city. Approval of a plat which is inconsistent with this division is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics.
(21) Planned unit development. A planned unit development may be allowed per the requirements of § 153.028(O) only when the proposed development provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Planned unit developments shall be reviewed under the provisions outlined in § 153.028(O), with the following additional criteria:
(a) Preliminary plans are approved by the Commissioner of the Department of Natural Resources prior to their enactment by the City Council.
(b) A publicly owned sewer systems is used.
(c) Open space is permanently preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective and permanent methods.
(d) There is not more than one centralized boat launching facility for each cluster of homes.
(e) The only uses that shall be allowed within the development are those allowed under § 153.028(O) and the underlying zoning district.
(f) Under the joint application of standards, the more restrictive provisions of this chapter shall apply.
(22) Variances.
(a) Variances shall be reviewed under the provisions outlined in § 153.028(C) with the following additional variance criteria:
1. Granting of the variance is not contrary to the purpose and intent of this section and is consistent with Minn. Rules 6105.0010--6105.0250 and 6105.0800--6105.0960.
2. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.
(b) Exception: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the applicable minimum lot width requirement.
(c) Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of § 153.028(H) and also Minnesota Statutes.
(23) Notice to the DNR of proposed actions within the Wild and Scenic Recreational River District.
(a) Notification of proposals.
1. For properties within the Wild and Scenic Recreational River District, the Community Development Department shall notify the Commissioner of the Department of Natural Resources of any application for a variance, ordinance amendment (including proposed changes to district lines), conditional use permits, PUDs, or plats inconsistent with the ordinance.
2. Notifications for ordinance changes and PUDs shall consist of a copy of the proposed ordinance amendment(s), a copy of the proposed PUD, and all other application materials as may be needed by the Commissioner of the Department of Natural Resources or the commissioner’s designated representative to fully understand the proposal.
3. Notifications for variances, plats or CUPs may consist simply of the notice of the applicable public hearing, or if a public hearing is not required, a copy of application materials as may be needed by the Commissioner of the Department of Natural Resources to fully understand the proposal.
4. Notification shall be sent so as to be received by the Commissioner of the Department of Natural Resources at least 30 days prior to the planned hearing or meeting to consider the requested action.
(b) Notification of final decision. The Community Development Department shall notify the Commissioner of the Department of Natural Resources of the city’s final decision on the proposed action within ten days of the decision.
(c) Effective date of decision.
1. Decisions on variances, plats or CUPs become effective upon completion of the applicable review process at the city level.
2. Decisions on PUDs and ordinance amendments within or affecting the Wild and Scenic Recreational River District become effective upon the happening of any of the following events, whichever first occurs:
a. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources.
b. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision.
c. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non-approval.
d. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing.
(d) Hearing after non-approval. In case the Commissioner of the Department of Natural Resources gives notice of a PUD or proposed ordinance amendment, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non-approval becomes final.
1. The hearing shall be held within 60 days of the demand and after at least two weeks' published notice.
2. The hearing shall be conducted in accordance with M.S. § 103G.311, subds. 2, 6 and 7, as it may be amended from time to time.
3. The Commissioner of the Department of Natural Resources shall either certify his approval or disapproval of the proposed action within 30 days of the hearing.
(P) Shoreland District.
(1) Statutory authorization and policy.
(a) Statutory authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, as it may be amended from time to time, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 462, as it may be amended from time to time.
(b) Policy. The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Monticello.
(2) General provisions.
(a) Jurisdiction.
1. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in § 153.046(E)(4).
2. Shoreland shall include all land within 1,000 feet of the ordinary high water level (OHWL) of a lake and 300 feet of a river and its designated floodplain as depicted on the City of Monticello’s Official Zoning Map.
3. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this chapter.
(b) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations.
(c) Enforcement. The Community Development Department is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of permits, variances or conditional uses) shall be subject to the remedies and penalties outlined in § 153.999.
(d) Interpretation. In their interpretation and application, the provisions of this overlay district shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(e) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(3) Administration.
(a) Permits required.
1. A permit is required for the construction of buildings or building additions (including but not limited to related activities such as construction of decks or signs), the installation and/or alteration of sewage treatment systems, and all grading and filling activities as required by this chapter. Application for a permit shall be made to the Community Development Department pursuant to the applicable regulations in §§ 153.025 through 153.028. The application shall include the necessary information so that the Community Development Department can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided.
2. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this chapter.
(b) Determination of zoning compliance. The Community Development Department, in reviewing a required permit, shall make a determination as to whether the proposal is compliant with all provisions of § 153.046(F) Shoreland District. Any use, arrangement, or construction not authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 153.999.
(c) Variances.
1. Variances shall be reviewed under the provisions outlined in § 153.028(C) with the following additional requirements:
a. No variance shall circumvent the general purposes and intent of the shoreland overlay district.
b. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
c. The variance application must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.
2. A copy of the notice for the public hearing(s) to consider a variance must be sent to the Commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked at least ten days before the hearings.
3. A copy of all decisions granting variances to shoreland regulations shall be forwarded by mail to the Commissioner of the Department of Natural Resources within ten days of such action.
4. Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of § 153.028(H) and also Minnesota Statutes.
(d) Conditional uses. Conditional uses allowable within shoreland areas shall be reviewed under the provisions outlined in § 153.028(D), and interim use permits for uses or structures within shoreland areas shall be reviewed under the provisions outlined in § 153.028(E), with the following additional requirements:
1. Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:
a. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
b. The visibility of structures and other facilities as viewed from public waters is limited assuming summer, leaf-on conditions;
c. The site is adequate for water supply and on-site sewage treatment; and
d. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
2. Conditions attached to conditional use permits. The Community Development Department, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
a. Increased setbacks from the ordinary high water level;
b. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
c. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
3. Notification procedures.
a. A copy of the notice for the public hearing(s) to consider a conditional use permit must be sent to the Commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked at least ten days before the hearings.
b. A copy of all decisions granting a conditional use permit subject to shoreland regulations shall be forwarded by mail to the Commissioner of the Department of Natural Resources within ten days of such action.
(e) Proposed Shoreland District Amendments and PUDs.
1. Notification required. The Community Development Department shall submit to the Commissioner of the Department of Natural Resources (or the commissioner's designated representative), a copy of any application for a zoning amendment to § 153.046(E), or an application for a planned unit development (PUD) within the shoreland district for certification. The materials shall be sent so as to be received by the Commissioner at least 30 days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed planned unit development along with a description of the request.
2. Notification of final decision. The Community Development Department shall notify the Commissioner of the Department of Natural Resources of its final decision on the proposed action within ten days of the decision.
3. Effective date of decision. The ordinance amendment or PUD becomes effective upon the happening of any of the following events, whichever first occurs:
a. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources.
b. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision.
c. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non-approval.
d. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing.
4. Hearing after non-approval. In case the Commissioner of the Department of Natural Resources gives notice of non-approval of an ordinance amendment or PUD, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non-approval becomes final.
a. The hearing shall be held within 60 days of the demand and after at least two weeks' published notice.
b. The hearing shall be conducted in accordance with M.S. § 103G.311, subds. 2, 6 and 7, as it may be amended from time to time.
c. The Commissioner of the Department of Natural Resources shall either certify his approval or disapproval of the proposed action within 30 days of the hearing.
(4) Shoreland classification system and land use districts.
(a) Shoreland classification system. The public waters of the City of Monticello have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota. The Mississippi River is regulated by § 153.046(D) Wild and Scenic Recreational River District.
1. The shoreland area for the water bodies listed in divisions 2. and 3. below shall be as defined in this chapter and as shown on the Official Zoning Map.
2. Lakes.
a. Natural environment lakes.
(i) Mud Lake (DNR ID: 86-68 P).
b. Recreational Development Lakes – RESERVED.
c. General development lakes.
(i) Pelican Lake (DNR ID: 86-31 P).
(ii) Long Lake (DNR ID: 86-69 P).
(iii) Slough Lake (DNR ID: 86-78 P).
3. Rivers and streams.
a. Remote Rivers – RESERVED.
b. Forested Rivers – RESERVED.
c. Transition Rivers – RESERVED.
d. Agricultural Rivers – RESERVED.
e. Tributary streams.
(i) Otter Creek.
(ii) All protected watercourses in the City of Monticello shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference, that are not given a classification in divisions a. through e. above shall be considered “tributary streams.”
(b) Land use district descriptions.
1. Criteria for designation. The land use districts in division 2. below and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan.
2. Land use in shoreland areas. Land uses on parcels within the shoreland district shall be regulated by the underlying zoning district or by Table 3-23 below, whichever is more restrictive.
TABLE 3-23: SHORELAND USES BY LAKE CLASSIFICATION
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TABLE 3-23: SHORELAND USES BY LAKE CLASSIFICATION
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Lake Classes in SPECIAL PROTECTION Districts (within the Wild and Scenic Recreational River Overlay District) | |||
Uses | General Development | Recreational Development | Natural Environment |
Forest management | P | P | P |
Sensitive resource management | P | P | P |
Agricultural: cropland and pasture | P | P | P |
Agricultural feedlots | C | C | C |
Parks and historic sites | C | C | C |
Extractive use | C | C | C |
Single residential | C | C | C |
Mining of metallic minerals and peat | P | P | P |
Lake Classes in LOW DENSITY RESIDENTIAL Districts (within the A-O, R-A, R-1, R-2 or T- N Districts) | |||
Single residential | P | P | P |
Semipublic | C | C | C |
Parks and historic sites | C | C | C |
Extractive use | C | C | C |
Duplex, triplex, quad residential | P | P | C |
Forest management | P | P | P |
Mining of metallic minerals and peat | P | P | P |
Lake Classes in HIGH DENSITY RESIDENTIAL Districts (within the R-3 or M-H Districts) | |||
Residential planned unit developments (PUDs) | C | C | C |
Single residential | P | P | P |
Surface water-oriented commercial (as accessory to a residential PUD) | C | C | C |
Semipublic | C | C | C |
Parks and historic sites | C | C | C |
Duplex, triplex, quad residential | P | P | P |
Forest management | P | P | P |
Lake Classes in WATER-ORIENTED COMMERCIAL Districts (within a Business District AND includes a proposed water-oriented use) | |||
Surface water-oriented commercial | P | P | C |
Commercial planned unit development | C | C | C |
Public, semipublic | C | C | C |
Parks and historic sites | C | C | C |
Forest management | P | P | P |
Lake Classes in GENERAL USE Districts (within a business or industrial district) | |||
Commercial | P | P | C |
Commercial planned unit development | C | C | C |
Industrial | C | C | N |
Public, semipublic | P | P | C |
Extractive use | C | C | C |
Parks and historic sites | C | C | C |
Forest management | P | P | P |
Mining of metallic minerals and peat | P | P | P |
(P) = Permitted Use, (C) = Conditional Use, and (N) = Prohibited Use | |||
(5) Shoreland development standards.
(a) In general.
1. Except as may be specifically provided, no new lot shall be created—by plat or by metes and bounds description—which does not meet the minimum dimensional requirements outlined in § 153.046(E)(5).
2. No lot area shall be so reduced or diminished so that the yards or other open spaces are smaller than prescribed herein, nor shall the number of dwelling units be increased in any manner except in conformity with the area regulations in this chapter.
3. The area of any lot shall not be reduced below the minimum standards specified herein.
(b) Lot standards. Tables 3-23, 3-24, and 3-25 list the lot standards for lands within the shoreland district.
1. Structure setbacks shall be measured from the ordinary high water mark (OHW) or the highest known water level;
2. Lot widths shall be met at both the OHW and at the required structural setback from the OHW.
3. Lot area shall be calculated based on land area above the OHW.
TABLE 3-24: SHORELAND LOT STANDARDS FOR SEWERED LAKES
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Residential Lot Area (square feet) | ||||||||
Lake Class | Lakeshore | Non-Lakeshore | ||||||
Single | Duplex | Triplex | Quad | Single | Duplex | Triplex | Quad | |
TABLE 3-24: SHORELAND LOT STANDARDS FOR SEWERED LAKES
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Residential Lot Area (square feet) | ||||||||
Lake Class | Lakeshore | Non-Lakeshore | ||||||
Single | Duplex | Triplex | Quad | Single | Duplex | Triplex | Quad | |
Natural Environment | 40,000 | 70,000 | 100,000 | 130,000 | 20,000 | 35,000 | 52,000 | 65,000 |
Recreational Development | 20,000 | 35,000 | 50,000 | 65,000 | 15,000 | 26,000 | 38,000 | 49,000 |
General Development | 15,000 | 26,000 | 38,000 | 49,000 | 10,000 | 17,500 | 25,00 0 | 32,500 |
Residential Lot Width | ||||||||
Natural Environment | 125 | 225 | 325 | 425 | 125 | 220 | 315 | 410 |
Recreational Development | 75 | 135 | 195 | 255 | 75 | 135 | 190 | 245 |
General Development | 75 | 135 | 195 | 255 | 75 | 135 | 190 | 245 |
Setbacks (feet) | ||||||||
Lake Class
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LAKESHORE LOTS (distances in feet) | |||||||
Structure Setback from OHW | Shore Impact Zone from OHW | |||||||
Natural Environment | 150 | 75 | ||||||
Recreational Development | 75 | 37.5 | ||||||
General Development | 50 | 25 | ||||||
TABLE 3-25: SHORELAND LOT STANDARDS FOR UNSEWERED LAKES
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Residential Lot Area (square feet) | ||||||||
Lake Class | Lakeshore | Non-Lakeshore | ||||||
Single | Duplex | Triplex | Quad | Single | Duplex | Triplex | Quad | |
TABLE 3-25: SHORELAND LOT STANDARDS FOR UNSEWERED LAKES
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Residential Lot Area (square feet) | ||||||||
Lake Class | Lakeshore | Non-Lakeshore | ||||||
Single | Duplex | Triplex | Quad | Single | Duplex | Triplex | Quad | |
Natural Environment | 80,000 | 120,000 | 160,000 | 200,000 | 80,000 | 160,000 | 240,000 | 320,00 0 |
Recreational Development | 40,000 | 80,000 | 120,000 | 160,000 | 40,000 | 80,000 | 120,000 | 160,000 |
General Development | 20,000 | 40,000 | 60,000 | 80,000 | 40,000 | 80,000 | 120,000 | 160,000 |
Residential Lot Width | ||||||||
Natural Environment | 200 | 300 | 400 | 500 | 200 | 400 | 600 | 800 |
Recreational Development | 150 | 225 | 300 | 375 | 150 | 265 | 375 | 490 |
General Development | 100 | 180 | 260 | 340 | 150 | 265 | 375 | 490 |
Setbacks (feet) | ||||||||
Lake Class
|
LAKESHORE LOTS (distances in feet)
| ||
Structure Setback from OHW | Shore Impact Zone from OHW | On-site Sewage Setback from OHW | |
Natural Environment | 150 | 75 | 150 |
Recreational Development | 100 | 50 | 75 |
General Development | 75 | 37.5 | 50 |
TABLE 3-26: SHORELAND LOT STANDARDS FOR RIVERS
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River Class | Residential Lot Width (feet) | Structure Setback | Shore Impact Zone | Sewage Setback | |||
S250ingle | Duplex | Triplex | Quad | ||||
TABLE 3-26: SHORELAND LOT STANDARDS FOR RIVERS
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River Class | Residential Lot Width (feet) | Structure Setback | Shore Impact Zone | Sewage Setback | |||
S250ingle | Duplex | Triplex | Quad | ||||
Remote | 300 | 450 | 600 | 750 | 200 | 100 | 150 |
Forested | 200 | 300 | 400 | 500 | 150 | 75 | 100 |
Transition | 250 | 375 | 500 | 625 | 150 | 75 | 100 |
Agricultur al | 150 | 225 | 300 | 375 | 50/100* | 25/50* | 75 |
Urban & Tributary | 75/100* | 115/150* | 150/200* | 190/250* | 50/100* | 25/50* | 75 |
* sewered/unsewered | |||||||
(c) Non-residential district lot standards.
1. Minimum lot standards for non-residential zoned properties shall be as dictated by the requirements for the underlying zoning district classification.
2. All structures and septic systems within non-residential districts shall comply with the structural setback standards for such features as listed in Tables 3-24, 3-25 and 3-26.
(d) Bluff impact zones. Structures or facilities, except stairways and landings, must not be placed within bluff impact zones.
(e) Height of structures.
1. No structures, except for churches and non-residential agricultural structures, shall exceed 25 feet in height.
2. Detached accessory structures shall not exceed 15 feet in height.
(f) Uses without water-oriented needs. Uses without water-oriented needs are encouraged to locate on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, must either be setback double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(6) Zoning and water supply/sanitary provisions.
(a) Design criteria for structures in the Shoreland District.
1. High water elevations. Structures must be placed in accordance with any 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. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item 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 and wind-driven waves and debris, or incorporation of flood openings.
2. Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback of this chapter if this water-oriented accessory structure complies with the following provisions:
a. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;
b. The setback of the structure or facility from the ordinary high water level must be at least ten feet;
c. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
d. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
e. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and
f. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
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;
b. Landings for stairways and lifts must not exceed 32 square feet in area;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings shall be constructed above the ground on posts or pilings, and be designed and built in a manner that ensures control of soil erosion in conformance with the requirements of § 153.028(N);
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; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions a. to e. are complied with in addition to the requirements of Minnesota Regulations, Chapter 1341.
4. Significant historic sites. No structure may be placed on a significant historic site in a manner that is inconsistent with State Historic Preservation Office regulations.
5. Steep slopes. The Community Development Department 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 and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation alterations.
a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow.
(i) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(ii) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
A. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
B. Along rivers, existing shading of water surfaces is preserved; and
C. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
2. Topographic alterations/grading and filling.
a. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
b. Public roads and parking areas are regulated by § 153.046(E)(6)(c).
c. Notwithstanding divisions 2.a. and 2.b. above, a grading and filling permit will be required for:
(i) The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
(ii) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
d. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
(i) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
A. Sediment and pollutant trapping and retention;
B. Storage of surface runoff to prevent or reduce flood damage;
C. Fish and wildlife habitat;
D. Recreational use;
E. Shoreline or bank stabilization; and
F. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
(ii) This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised;
(iii) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
(iv) Mulches or similar materials must be used for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
(v) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(vi) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
(vii) Fill or excavated material must not be placed in a manner that creates an unstable slope;
(viii) Plans to place fill or excavated material on steep slopes must be reviewed by a qualified engineer for continued slope stability and must not create finished slopes of 30% or greater;
(ix) Fill or excavated material must not be placed in bluff impact zones;
(x) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of the Department of Natural Resources under M.S. Chapter 103G, as it may be amended from time to time;
(xi) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
(xii) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(c) Placement and design of roads, driveways, and parking areas.
1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified engineer that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of § 153.046(E)(6)(b)2. must be met.
(d) Stormwater management. The following general and specific standards shall apply:
1. General standards.
a. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
c. Stormwater shall not be directed to wetlands without sufficient pre-treatment as approved by the city.
d. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
2. Specific standards.
a. Impervious surface coverage of lots must not exceed 25% of the lot area.
b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified Engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
c. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(e) Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat.
1. Standards for commercial, industrial, public, and semipublic uses.
a. 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. Those uses with water-oriented needs must meet the following standards:
(i) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
(ii) 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; and
(iii) 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:
A. 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;
B. 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; and
C. 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.
b. 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 ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
2. Agriculture use standards.
a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service. 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.
b. Animal feedlots are prohibited.
3. Forest management standards. 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 Minnesota Non-point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."
b. Forest land conversion to another use shall require issuance of a conditional use permit subject to § 153.028(D) and adherence to the following standards:
(i) Shore and bluff impact zones must not be intensively cleared of vegetation; and
(ii) 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.
(iii) Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
4. Extractive use standards.
a. Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, 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. Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
5. Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as they may be amended from time to time, shall be a permitted use provided the provisions of M.S. §§ 93.44 to 93.51, are satisfied.
(f) Water supply and sewage treatment.
1. Water supply. Water shall be supplied through the City of Monticello municipal water system.
2. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
a. Publicly-owned sewer systems shall be used for any new development.
b. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the provisions division (P)(7) below.
(7) Nonconformities. All legally established nonconformities as of the date of this chapter may continue, but they will be managed according to applicable state statutes and the provisions of §§ 153.105 through 153.110 for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:
(a) Construction on nonconforming lots of record.
1. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of § 153.046(P)(5)(b) may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.
2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 153.046(P)(5)(b), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 153.046(P)(5)(b) as much as possible.
(b) Additions/expansions to nonconforming structures.
2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
a. The structure existed on the date the structure setbacks were established;
b. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
c. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
d. The deck is constructed primarily of wood, and is not roofed or screened.
(8) Special provisions for subdivision and platting in shoreland districts.
(a) Land suitability. Each lot created through subdivision, including planned unit developments authorized under § 153.028(O), must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
(b) Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. Each lot shall meet the
minimum lot size and dimensional requirements of § 153.046(E)(5), including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
(c) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following:
1. Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;
2. The surface water features required in M.S. § 505.02, subdivision 1, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
3. Adequate soils information from field investigations such as soil borings, percolation tests, or other methods to determine suitability for building and on-site sewage treatment capabilities for every lot;
4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
5. Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
6. A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
(d) Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
(e) Platting. All subdivisions that create five or more lots or parcels that are two and one-half acres or less in size shall be processed as a plat in accordance with M.S. Chapter 505, as it may be amended from time to time. No permit for construction of buildings shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision.
(f) Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision must meet or exceed the sizing criteria in § 153.046(E)(5)(b).
(Q) FBS: Freeway Bonus Sign District.
(1) Purpose. The City of Monticello recognizes the need for special sign allowances along the I-94 corridor to allow for effective communication to interstate travelers.
(2) District application. The provisions of this division (Q) shall apply to all business and industrial lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the freeway bonus sign overlay district.
(3) Special freeway sign allowance.
(a) In the Freeway Bonus Sign District, the area of a freestanding sign may not exceed 200 square feet each side with a maximum height of 32 feet.
(b) Double frontage lots within the Freeway Bonus Sign District shall be allowed to have up to two free-standing signs subject to the following conditions:
1. At least one of the two free-standing signs shall be a monument sign which does not exceed 14 feet in height nor an overall size of 100 square feet.
2. The above size and height limitations for the second free-standing sign shall apply even if both signs are monument signs.
3. The overall sign area maximum for the property as outlined in § 153.064 shall still be met.
(4) LED illumination. In the Freeway Bonus Sign District, unshielded LED (Light Emitting Diode) illumination may be used pursuant to the regulations found in § 153.064(G)(7).
(R) DW: Drinking Water Supply Management Area. RESERVED.
(S) Special Use Overlay District.
(1) Restrictions on adult uses. With the adoption of this chapter, the City of Monticello exercises its authority under M.S. § 617.242, subd. 7, as it may be amended from time to time, and declares that these regulations supercede the provisions of M.S. § 617.242, as it may be amended from time to time. As such, adult uses as defined in this chapter shall be subject to the following general provisions:
(a) Adult use. Principal activities shall be permitted only in those areas with the BOTH required base zoning designation and the Special Use Overlay District designation.
(b) Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not permitted and are prohibited.
(c) An adult use which does not qualify as an accessory use shall be classified as an adult use/principal.
(d) Adult use/principal activities shall be prohibited from locating in any building which is also utilized for residential purposes.
(e) Adult use/principal activities shall not be located on any parcel that abuts or shares a property line with any of the following parcels or land uses:
1. Residentially zoned property;
2. Agricultural land located in the neighboring township or in the city that is designated in the comprehensive plan for residential use;
3. A licensed day care center;
4. A public or private educational facility classified as an elementary, middle, junior high, or senior high school;
5. A public library;
6. A public park;
7. A church;
8. Amusement places such as roller rinks, dance halls, and bowling alleys;
9. Liquor sales;
(f) Adult use/principal activities shall be located at least 400 radial feet apart as measured from one another.
(g) Adult use/principal activity is a separate use and no two adult use/principal activities shall be located in the same building or upon the same property and each use shall be subject to all of the requirements of this section.
(h) Adult use/principal activities shall adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted;
2. Sign messages shall not contain material classified as advertising;
3. Sign messages shall comply with the requirements of size and number for the district in which they are located
(i) Adult use/principal activities shall be prohibited in establishments where liquor is served.
(j) Adult use/principal activities shall be prohibited at any place or event where minors are permitted.
(2) Adult-oriented uses – accessory.
(a) Adult use/accessory activities shall be allowed only as regulated by § 153.092(D)(4).
(Ord. 799, passed 2-27-2023)