The following provisions apply within the KR Wild and Scenic River Overlay District where they are more restrictive than those of the underlying district.
(A) The following chart sets forth the minimum dimensional requirements of the KR District.
Unsewered Areas | Sewered Areas |
Unsewered Areas | Sewered Areas | |
Building setback from other roads and public street rights-of-way | 35 ft. | 35 ft. |
Building setback from federal, state or county trunk highway rights-of-way | 50 ft. | 50 ft. |
Building setback from ordinary high water mark | 200 ft. | 150 ft. |
Building setback from top of bluff | 30 ft. | 30 ft. |
Impervious surface setback from ordinary high water mark** | 50 ft. | 50 ft. |
Lot size | 80,000 sq. ft. | 40,000 sq. ft. |
Lot width at building and water line | 200 ft. | 125 ft. |
Maximum structure height | 35 ft. | 35 ft. |
Maximum total area of all impervious surfaces on each lot* | 30% | 30% |
On-site sewage treatment systems from ordinary high-water mark | 150 ft. | N/A |
NOTES TO TABLE: *Includes all structures, surfaced roads, parking lots, and other surfaced areas. **Applies to all surfaced roads or parking lots. | ||
(B) Lots of record on the effective date of this subchapter which do not meet the applicable size or width requirements are allowed as building sites; provided that, all the sanitary and dimensional standards are complied with, as practicable, and the lot was in separate ownership on the effective date of this subchapter.
(C) It is unlawful to install, alter, repair or extend an individual sewer disposal system or well without first obtaining a permit from the Zoning Administrator.
(1) A permit may not be issued unless the following conditions are satisfied.
(2) Public collection and treatment facilities must be used where available and feasible.
(3) Minimum standards of other local ordinances, Minn. Rules parts 6120.3400 and 7080-7083 and all application standards of the state’s Department of Health relating to wells and sewer systems are complied with.
(4) Private water supply systems must conform to state’s Department of Health standards for water quality.
(D) Individual sanitary sewer systems that do not meet the performance standards (does not apply to those that are substandard in setback) of this subchapter must be brought into conformity or discontinued within five years of the effective date of this subchapter.
(E) Between the ordinary high water mark and the applicable building setback line, clear cutting of trees over four inches in diameter shall be prohibited. Vegetative cutting in the KR Overlay District must comply with the conditions of Minn. Rules part 6105.0150.
(F) Grading and filling in of the natural topography requires a grading and filling permit from the zoning officer prior to initiation of any such work. The permit may be issued if the conditions of Minn. Rules part 6105.0160 are satisfied.
(G) Land may not be subdivided that is determined by the city or the Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations 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 community.
(H) Soil percolation rate tests and soil borings are required on each proposed lot in any proposed subdivision within the KR Overlay District to establish the suitability of the land for development. The testing is required before any final plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available.
(I) A structure must not be placed in the floodway. Structures proposed to be located in the floodplain must meet all requirements of Minn. Rules parts 6120.5000 through 6120.6200 (floodplain management).
(J) A structure may not be placed on any slope greater than 12% unless the structure can be screened from view of the water with natural vegetation, adequate sewage facilities can be installed, and the building permit application can adequately prove to the Zoning Administrator that erosion will be controlled or prevented.
(Ord. 20210818-01, passed 8-18-2021) Penalty, see § 163.999