(A) The purpose of this section is to establish controls over development adjacent to rivers and streams independent of the standards as described in this chapter for zoning districts.
(B) The standards as set forth in this section shall apply to all shoreland classifications within the city, and shall supersede the requirements for other zoning districts in such cases where other land classification zoning districts fall within the jurisdiction of this section.
(1) Classification. Rivers and streams listed in § 155.024 of this chapter which lie within the jurisdiction of the city are hereby classified as Natural Environment Streams.
(2) Jurisdiction. Shoreland standards as defined in this section shall have jurisdiction over all lands within 300 feet of the high water mark of all rivers, streams and landward extents of all floodplains.
(3) Permitted uses.
(a) All uses permitted in the designated Zoning District in Chapter 153, Floodplain Management, and in §§ 155.035 through 155.170 of this chapter as regulated therein and by this section.
(b) Seasonal dwellings.
(c) Permanent single-family dwellings and manufactured homes.
(d) Subdivisions.
(4) Conditional uses.
(c) Resorts and hotels and motels, provided the density is based upon density requirements of this section, and upon a modification of the prescribed densities as permitted in § 155.106(A), B-I District and the State Commissioner of Natural Resources.
(d) Boat houses.
(e) Public swimming pools.
(f) Public or semipublic recreation facilities.
(g) Conditional use permitted in the designated Zoning Districts.
(5) Accessory uses.
(a) Garages.
(b) Private docks.
(c) Private Recreational Facilities.
(d) Uses customarily incidental to the permitted and conditional uses of this section.
(6) Lot area, width, depth, height, coverage and shoreland setback requirements. These shall be as set forth in the Appendix: Height, Area, Yard Regulations.
(7) Setbacks. Front side yard setbacks shall be determined by the applicable zoning district as shown on the city Zoning Map.
(8) Highwater elevation. In addition to the setback requirements listed in the Appendix: Height, Area, Yard Regulations, structures shall be placed at an elevation consistent with the floodplain requirements of Chapter Section 153, Floodplain Management.
(9) Subdivision on unsuitable land. No land shall be subdivided which is held unsuitable by the city for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water and sewage services or any other feature likely to be harmful to the health, safety or general welfare of the future residents of the proposed subdivision or the city.
(10) State Commissioner of Natural Resources.
(a) All variances, conditional uses, subdivisions and amendments to this chapter that fall within the jurisdiction of this section shall be forwarded to the State Commissioner of Natural Resources at least ten days prior to the official city public hearing date for his or her review and comments. The submittal shall include the type of request, the specific problem instituting the request when applicable, and the time, date and place of hearing.
(b) Any alteration to the bed of public waters, including construction of channels, ditches, lagoons, dredging of bottom, muck or weeds or filling in a river bed, including marshland, must receive approval by the State Commissioner of Natural Resources, the Planning Commission and Council prior to the commencement of operations.
(11) Natural vegetation. Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable to retard surface runoff and soil erosion, to utilize excess nutrients in the soil to alleviate pollution problems and to provide sufficient cover to screen cars, dwellings and other structures from view from the rivers and streams.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99