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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)
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 other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the standards in this subchapter will also apply in shoreland 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)
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