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The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the official zoning map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minnesota Regulations, Part 6120.3200, Subp. 3:
Land Use Districts for Lakes | ||
General Development Lakes | Recreational Development Lakes | |
Residential district - uses | ||
Single residential | P | P |
Semi-public | C | C |
Parks and historic sites | C | C |
Extractive use | C | C |
Duplex, triplex, quad residential | C | C |
Forest management | P | P |
High density residential district - uses | ||
Residential planned unit developments | C | C |
Surface water oriented commercial* | C | C |
Semi-public | C | C |
Parks and historic sites | C | C |
Duplex, triplex, quad residential | P | P |
Forest management | P | P |
General use district - uses | ||
Commercial | P | P |
Commercial planned unit development** | C | C |
Industrial | C | C |
Public, semi-public | P | P |
Extractive use | C | C |
Parks and historic site | C | C |
Forest management | P | P |
Mining of metallic materials and peat | P | P |
* As accessory to a residential planned unit development | ||
Land Use Districts for Rivers and Streams | ||
Transition | Tributary | |
Residential district - uses | ||
Single residential | P | P |
Semi-public | C | P |
Parks and historic sites | C | P |
Extractive use | C | C |
Duplex, triplex, quad residential | C | C |
Forest management | C | C |
Mining of metallic minerals and peat | C | C |
High density residential - uses | ||
Residential planned unit developments | C | C |
Single residential | C | C |
Surface water oriented commercial* | C | C |
Semi-public | C | C |
Parks and historic sites | C | C |
Duplex, triplex, quad residential | P | P |
Forest management | C | C |
* As accessory to a residential planned unit development | ||
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)
ZONING AND WATER SUPPLY/SANITATION PROVISIONS
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this chapter for the lake and river/stream classifications are the following:
(A) Unsewered lakes.
Riparian Area | Lots Width | Nonriparian Area | Lots Width | |
Recreational development | ||||
Single | 40,000 | 150 | 40,000 | 150 |
Duplex | 80,000 | 225 | 80,000 | 265 |
Triplex | 120,000 | 300 | 120,000 | 375 |
Quad | 160,000 | 375 | 160,000 | 490 |
General development | ||||
Single | 20,000 | 100 | 40,000 | 150 |
Duplex | 40,000 | 180 | 80,000 | 265 |
Triplex | 60,000 | 260 | 120,000 | 375 |
Quad | 80,000 | 340 | 160,000 | 490 |
(B) Sewered lakes.
Riparian Area | Lots Width | Nonriparian Area | Lots Width | |
Recreational development | ||||
Single | 20,000 | 75 | 15,000 | 75 |
Duplex | 35,000 | 135 | 26,000 | 135 |
Triplex | 50,000 | 195 | 38,000 | 160 |
Quad | 65,000 | 255 | 49,000 | 245 |
General development | ||||
Single | 15,000 | 75 | 10,000 | 75 |
Duplex | 26,000 | 135 | 17,500 | 135 |
Triplex | 38,000 | 195 | 25,000 | 190 |
Quad | 49,000 | 255 | 32,500 | 245 |
(C) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are:
Transition | Urban and Tributary | |||
No Sewer | Sewer | No Sewer | Sewer | |
Single | 150 | 100 | 100 | 75 |
Duplex | 200 | 150 | 150 | 115 |
Triplex | 225 | 200 | 200 | 150 |
Quad | 250 | 250 | 250 | 190 |
(D) Additional special provisions.
(1) Residential subdivisions with dwelling unit densities exceeding those in the tables in this section can only be allowed if designed and approved as residential planned unit developments under §§ 151.80 through 151.86 of this chapter. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in this section can only be used if publicly owned sewer system service is available to the property.
(2) Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the following standards:
(a) Each building must be set back at least two hundred (200) feet from the ordinary high water level;
(b) Each building must have common sewage treatment and water systems in one (1) location and serve all dwelling units in the building;
(c) Watercraft docking facilities for each lot must be centralized in one (1) location and serve all dwelling units in the building;
(d) No more than twenty-five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.
(3) One (1) guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in this section, provided the following standards are met:
(a) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;
(b) A guest cottage must not cover more than seven hundred (700) square feet of land surface and must not exceed fifteen (15) feet in height;
(c) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
(4) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:
(a) They must meet the width and size requirements for residential lots and be suitable for the intended uses of controlled access lots.
(b) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table:
Controlled Access Lot Frontage Requirements | |
Ratio of Lake Size to Shore Length (Acres/Mile) | Required Increase in Frontage (Percent) |
Less than 100 | 25 |
100 - 200 | 20 |
201 - 300 | 15 |
301 - 400 | 10 |
Greater than 400 | 5 |
(c) They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights not the access lot;
(d) Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as must as practical from view from the public water, assuming summer, leaf-on conditions.
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)
(A) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows.
(1) Structures and on-site sewage systems setbacks (in feet) from ordinary high water level.
Setbacks* | |||
Classes of Public Treatment Waters | Structures | Sewage System | |
Unsewered | Sewered | ||
Lakes | |||
Recreational development | 100 | 50 | 75 |
General development | 100 | 50 | 75 |
Rivers | |||
Forested and transition | 100 | 50 | 75 |
Agriculture, urban and tributary | 100 | 50 | 75 |
* One water-oriented accessory structure designed in accordance with division (B) may be set back a minimum distance of ten (10) feet from the ordinary high water level. | |||
(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:
Setback From | Setback (Feet) |
Top of bluff | 30 |
Unplatted cemetery | 50 |
Right-of-way line of federal, state, or county highway; and | 50 |
Right-of-way line of town road, public streets, or other roads or street not classified | 20 |
(3) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(4) Uses without water-oriented needs. 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 to topography, assuming summer, while meeting the normal structure setback by leaf-on conditions.
(B) Design criteria for structures.
(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 follow:
(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 (3) feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three (3) 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 (3) approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one (1) approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities;
(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 flood is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in division (A) of this section if this water-oriented accessory structure complies with the following provisions:
(a) The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight (8) 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 (10) 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;
(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 four hundred (400) square feet provided the maximum width of the structure is twenty (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 (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(b) Landing for stairways and lifts on residential lots must not exceed thirty-two (32) square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments;
(c) Canopies or roofs are not allowed on stairways, lifts, or landings;
(d) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
(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 subsections (a) to (e) complies with in addition to the requirements to Minnesota Regulations, Chapter 1340.
(4) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(5) Steep slopes. The Zoning Administrator 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 the 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-of vegetation.
(C) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed twenty-five (25) feet in height.
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)
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.
(A) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 151.33 of this chapter are exempt from the vegetation alterations standards that follow.
(2) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in § 151.35(A) and (B), respectfully, is allowed subject to the following standards:
(a) 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.
(b) 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 for the principle dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-of conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved;
3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased or pose safety hazards.
(B) Topographic alterations/grading and filling.
(1) Grading, filling and excavations necessary for the construction of structures, sewage 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.
(2) Public roads and parking areas are regulated by § 151.33 of this chapter.
(3) Notwithstanding subdivisions (1) and (2) above, a grading and filling permit will be required for:
(a) The movement of more than ten (10) cubic yards of material on steep slopes and shore and bluff impact zones;
(b) The movement of more than fifty (50) cubic yards of material outside of steep slopes and shores and bluffs impact zones.
(4) 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.
(a) Grading or filling in any type two (2), three (3), four (4), five (5), six (6), seven (7), or eight (8) wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (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.):
1. Sediment and pollutant trapping and retention;
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
(b) 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;
(c) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
(d) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(e) 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;
(f) Fill or excavated material on steep slopes must be placed in a manner that creates unstable slopes;
(g) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;
(h) Fill or excavated material must not be placed in bluff impact zones;
(i) Any alteration below the ordinary high water level of public waters must first be authorized by the commissioner under M.S. § 103G.245, as it may be amended from time to time;
(j) 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;
(k) 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 (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within five (5) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet.
(5) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls . Permission for excavation may be given only after the commissioner has approved the proposed connection to public waters.
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)
(A) Public and private road and parking areas must 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 individual 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.
(B) Roads, driveways, and parking areas must meet structure setback and must not be placed within bluff and shore impact zone, 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 impact.
(C) 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 § 151.32 of this chapter must be met.
(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)
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