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(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)
The following general and specific standards shall apply:
(A) General standards.
(1) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(2) 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.
(3) 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.
(B) Specific standards.
(1) Impervious surface coverage of lots must not exceed twenty-five percent (25%) of the lot area.
(2) When constructed facilities are used for stormwater management, documentation must 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.
(3) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(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) Standards for commercial, industrial, public, and semipublic uses.
(1) 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 need must meet the following standards:
(a) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
(b) 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
(c) Uses that depend on patrons arriving by watercraft may use sign and lighting to convey needed information to the public, subject to the following general standards:
1. 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 Country Sheriff;
2. 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 sign must not contain other detailed information such as product brands and prices, must not be located higher than ten (10) feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters;
3. 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.
(2) Uses without water-oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.
(B) Agriculture use standards.
(1) 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, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty (50) feet from the ordinary high water level.
(2) Animal feedlots must meet the following standards:
(a) New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of three hundred (300) feet from the ordinary high water level of all public waters basins; and
(b) Modifications or expansions to existing feedlots that are located within three hundred (300) feet of the ordinary high water level or within a 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) Forest management standards. 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 Qualities in Forest Management “Best Management Practices in Minnesota.”
(D) Extractive use standards.
(1) Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the coarse 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.
(2) Setbacks from processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(E) Mining of metallic minerals and peat. Mining of metal mining minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as they may be amended frm time to time, shall be a permitted use provided the provisions of M.S. §§ 93.44 to 93.51, as they may be amended from time to time, are satisfied.
(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)
Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas:
(A) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:
(1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
(2) The visibility of structures and other facilities as viewed from public waters is limited;
(3) The site is adequate for water supply and on-site sewage treatment; and
(4) The type, 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.
(B) Conditions attached to conditional use permits. The Planning Commission, upon consideration of the criteria listed above the purposes of this chapter, shall attach such conditions to the issuance of the conditional use permit as it deems necessary to fulfill the purposes of this chapter. These conditions may include, but are not limited to, the following:
(1) Increased set backs from the ordinary high water level;
(2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
(3) Special provision for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
(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) Generally. Any public or private supply of water for domestic purpose must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.
(B) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
(1) Publicly-owned sewer systems must be used where available.
(2) All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which is hereby adopted by reference and declared to be a party of this chapter.
(3) On-site sewage treatment systems must be set back from the ordinary high level in accordance with the ordinary high level in accordance with the setbacks contained in § 151.31 of this chapter.
(4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections (a) through (d) below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.
Evaluation Criteria |
Depth to the highest known or calculated ground water table or bedrock |
Soil conditions, properties, and permeability |
Slope |
The existence of lowlands, local surface depressions, and rockoutcrops |
(5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with § 151.5 of this chapter.
(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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