Subd. 1. Shoreland Districts. The shorelands within the city are designated as shoreland districts and the requirements set forth in this chapter shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration and development of these areas according to the classification as per M.S., Chapter 105, and Minnesota Regulations parts 6120.2500 - 6120.3900.
Subd. 2. District application. The S District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the S District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
Subd. 3. Boundaries. The boundaries of the Shoreland District are established within the following distances from the ordinary high water level of the surface water depending on the size of the surface water as indicated on the Shorewood Zoning Districts Map.
Surface Water | Distance (Feet)* |
Greater than 10 acres (Table 1) | 1,000 |
Rivers and streams (draining an area greater than 2 square miles) | 300** |
* The practical distance may be less whenever the waters involved are bounded by topographical divides which extend landward from the waters for lessor distances and prevent flowage toward the surface water. | |
** The distance requirement shall be increased to the limit of the flood plain when the flood plain is greater than 300 feet. | |
Subd. 4. Shoreland classification.
a. The surface waters affected by this section and which require controlled development of their shoreland (shoreland district) are shown on the map designated as the official “Zoning Districts Map of the City of Shorewood” which is properly approved and made a part of the ordinance and filed with the Zoning Administrator.
b. Surface waters generally greater than ten acres and given an identification number by the State of Minnesota are defined in § 1201.02 and listed in Table 1 of this section. Other surface waters affected by this chapter, generally having less than ten acres, are classified as wetlands and thus regulated under the provisions of Shorewood Ordinance 70 (Chapter 1102 of the City Code).
TABLE 1
SURFACE WATER DISTRIBUTION
SURFACE WATER DISTRIBUTION
DNR Identification Number | Name | Classification |
27-133 | Lake Minnetonka | GD |
27-142 | Lake William | GD |
27-137 | Christmas Lake | RD |
27-144 | Galpin Lake | GD |
10-15 | Virginia Lake | RD |
27-145 | Como Lake | RD |
27-136 | Silver Lake | NE |
– | Purgatory Creek | GD |
Subd. 5. Minimum lot and setback requirements.
a. The following chart sets forth the minimum area setbacks and other requirements of each respective classification:
NE Natural Environment | RD Recreational Development | GD General Development |
NE Natural Environment | RD Recreational Development | GD General Development | |
(1) Min. lot size above normal high water mark Abutting water Nonabutting | 40,000 sq. ft. 20,000 sq. ft. | 20,000 sq. ft. 15,000 sq. ft. | 15,000 sq. ft. 15,000 sq. ft. |
(2) Lot width at lakeshore setback* | 125 ft. | 75 ft. | 75 ft. |
(3) Setback from ordinary high water level* | 150 ft. | 75 ft. | 50 ft. |
(4) Setback from public street* Abutting federal, state or county road Abutting town or public road | 50 ft. 30 ft. | 50 ft. 30 ft. | 50 ft. 30 ft. |
(5) Max. impervious surface to area ratio | 25% | 25% | 25% |
(6) Max. building height (feet) | 35 ft.** | 35 ft.** | 35 ft.** |
(7) Side yard setback (lots abutting water) | 30 ft. total/10 ft. min.*** | 30 ft. total/10 ft. min.*** | 30 ft. total/10 ft. min.*** |
(8) Setback of roads, parking or impervious surface areas from ordinary high water level**** | 50 ft. | 50 ft. | 50 ft. |
(9) Structure height (lowest floor) above high water elevation***** | 3 ft. | 3 ft. | 3 ft. |
* Setback requirements from the ordinary high water level shall not apply to stairs, lifts, piers and docks. Where development exists on both sides of a proposed building site, building setbacks may be altered to more closely conform to adjacent building setbacks. | |||
**Building heights may be increased as provided in § 1201.03, Subdivision 4c. | |||
****Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures in (3) above. Natural vegetation or other natural materials shall be required in order to screen parking areas when viewed from the water. Parking areas of more than four spaces shall be screened in accordance with a landscaping plan submitted and approved by the City Council. | |||
*****Does not include piers and docks. | |||
b. Substandard lot. Any lot of record filed in the office of the Hennepin County Registrar of Deeds on or before the effective date of this chapter, which does not meet the area requirements of this chapter may be allowed as a building site subject to approval of a shoreland impact plan and provided:
(1) The lot meets all standards of the applicable zoning use district;
(2) The lot is in separate ownership from abutting lands;
(3) Except for lot area, all other sanitary and dimensional requirements of the Shoreland District are complied with insofar as practical (70% width and area requirements).
c. Placement of structures. Placement of structures shall comply with the provisions of Shorewood Ordinance 109 (Chapter 1101, Flood Control Regulations of the City Code).
d. Bluff impact zones. Structures and accessory facilities, except stairways, lifts and landings, must not be placed within bluff impact zones.
Subd. 6. Development regulations.
a. Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland District within the city shall first submit a conditional use permit application as regulated by § 1201.04 and a plan of development hereinafter referred to as “Shoreland Impact Plan,” which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
(1) Exceptions.
(a) No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses contained within the R-1A, R-1B, R-1C, R-2A, R-2B or R-2C Districts.
(b) No conditional use permit or shoreland impact plan shall be required for the development of permitted uses contained within the R-1A, R-1B, R-1C, R-2A, R-2B or R-2C Districts, provided that the uses are constructed on standard lots when abutting a shoreline and that all the uses are serviced with public sanitary sewer.
(c) The provisions otherwise set forth in this chapter and in other applicable local ordinances shall apply to all plats except Planned Unit Development.
(2) Subdivision. No land shall be subdivided which 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.
b. Sewage and waste disposal. Any premises used for human occupancy shall be provided with public sanitary sewer disposal.
c. Water supply. Any private supply of water for domestic purposes shall conform to Minnesota Department of Health Standards for water quality. Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with city standards.
d. 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:
(1) Stairways and lifts must not exceed four feet in width;
(2) Landings for stairways and lifts must not exceed 32 square feet in area;
(3) Canopies or roofs are not allowed on stairways, lifts or landings;
(4) 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;
(5) 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;
(6) 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 items (1) to (5) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.
Subd. 7. Shoreland alteration.
a. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve shoreland aesthetics.
(1) Clearcutting is prohibited within required setback areas and except as necessary for placing public roads, utilities, structures and parking areas.
(2) Natural vegetation shall be restored insofar as feasible after any construction project.
(3) Selective cutting of trees and underbrush is allowed as long as sufficient cover is left to make cars and structures visually inconspicuous when viewed from the water.
b. Grading and filling:
(1) Grading and filling within Shoreland Districts, or any alteration of the natural topography where the slope of land is toward a public water or watercourse leading to a public water must be approved by the Building Official and a permit obtained prior to the commencement of any work thereon. The permit may be granted subject to the conditions that:
(a) No more than one-third of the surface area of a lot shall be devoid of vegetative ground cover at any time;
(b) Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible;
(c) Methods to prevent erosion and trap sediment shall be employed in accordance with the Shorewood Subdivision Ordinance (Chapter 1202 of this code);
(d) Fill shall not be placed in areas lower in elevation than the normal high water mark;
(e) Fill shall be stabilized according to accepted engineering standards;
(f) Fill shall not restrict a floodway or destroy the storage capacity of a flood plain;
(g) The maximum slope of the finished surface which slopes toward a water body or a watercourse leading to the water body shall be three units horizontal to one vertical;
(h) No grading or filling shall be permitted within shore and bluff impact zones;
(i) Plans to place fill or excavated material on steep slopes must be reviewed and approved by the City Engineer for continued slope stability and must not create finished slopes greater than three units horizontal to one vertical;
(j) Placement of natural rock riprap, including associated grading of the shortline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet;
(2) Any work which will change or diminish the course, current or cross section of a public water must be approved by the Department of Natural Resources as per M.S. § 105.44 before the work is begun. This includes construction of channels and ditches, lagooning, dredging of lake bottom for the removal of muck, silt or weeds and filling the lake bed, including low lying marsh areas. Approval shall be construed to mean the issuance by the Commissioner of the Department of Natural Resources of a permit under the procedures of M.S. § 42 and other related statutes;
(3) Excavation on shorelands where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, shall require a permit from the Building Official prior to commencement of construction. The permit shall be obtained only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters. Approval will be given only if the proposed work is consistent with applicable state regulations for work in beds of public waters.
c. Steep slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures or other 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-on vegetation.
Subd. 8. Stormwater management. 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 25% of the lot area, except as provided in § 1201.03 Subd. 2.u. of this code.
(2) When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer licensed in the State of Minnesota 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.
Subd. 9. Planned Unit Development. The Planned Unit Development provisions contained in § 1201.06 may be utilized within a Shoreland District, when consistent with the provisions of this section and provided that the following requirements are satisfactorily met:
a. Preliminary plans shall be approved by the Department of Natural Resources prior to city approval;
b. Sufficient open space is preserved through the use of restrictive deed covenants, public dedications and the like;
c. The following factors are carefully evaluated to insure that any increased density of development is consistent with the resource limitations of the public water:
(1) Suitability of the site for the proposed use;
(2) Physical and aesthetic impact of any increased density;
(3) Level of current development;
(4) Amount and ownership of undeveloped shoreland;
(5) Levels and types of water surface use and public access;
(6) Possible effects on overall public use;
d. Any commercial, recreational, community or religious facility allowed as part of the planned unit development conforms to all applicable federal and state regulations, including, but not limited to the following:
(1) Licensing provisions or procedures;
(2) Waste disposal regulations;
(3) Water supply regulations;
(4) Building codes;
(5) Safety regulations;
(6) Regulations concerning the appropriate use of public waters as defined in M.S., Chapter 105, as may be amended;
(7) Applicable regulations of the Minnesota Environmental Quality Board;
(8) Storm sewer;
e. The final P.U.D. plan shall not be modified or altered in any way without written approval from the Department of Natural Resources;
f. P.U.D.’s incorporating shoreline recreational facilities such as beaches, docks or boat launching facilities and the like shall be designed that the facilities are centralized for common utilization.
Subd. 10. Variance. Variances may be granted by the City Council upon application as required in § 1201.05 of this chapter in extraordinary cases, but only when the proposed use is determined to be in the public interest and no variance shall be granted which the Council determines will or has a tendency to:
a. Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in a manner as to increase the height of flooding, except obstructions approved by the U.S. Army Corps of Engineers in conjunction with sound flood plain management;
b. Result in compatible land uses or which would be detrimental to the protection of surface and ground water supplies;
c. Be not in keeping with land use plans and planning objectives for the city or which will increase or cause danger to life or property;
d. Be inconsistent with the objectives of encouraging land use compatible with the preservation of the natural land forms, vegetation and the marshes and wetlands within the city. No permit or variance shall be issued unless the applicant has submitted a Shoreland Impact Plan as required and set forth in this chapter. In granting any variance, the Council may attach the conditions as they deem necessary to insure compliance with the purpose and intent of this chapter.
Subd. 11. DNR notification procedure.
a. Copies of all notices of any public hearings to consider variances, amendments or conditional uses under this section shall be received by the Commissioner of the Department of Natural Resources at least ten days prior to the hearings.
b. A copy of amendments and final decisions granting variances or conditional uses under this section shall be received by the Commissioner of the Department of Natural Resources within ten days of final action or amendment.
Subd. 12. Effect of permit. The granting of any permit, variance or subdivision approval under provisions of this section shall in no way affect the owner’s capability to obtain the approval required by any other statute, ordinance or legislation of any state agency or subdivision thereof. Approval may be expressly given in conjunction with other permits applied for, but no approval shall be implied from the grant of the permits nor from the necessity to apply for a permit as described herein.
(1987 Code, § 1201.26) (Ord. 261, passed 11-30-1992; Am. Ord. 382, passed 3-25-2002; Am. Ord. 420, passed 2-13-2006)