(A) Purpose. The purpose of the Shoreland District is to govern the use, alteration and development of shoreland areas, according to the provisions of this chapter.
(B) District application. The SL Shoreland 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 SL Shoreland 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.
(C) Boundaries. The boundaries of the Shoreland District are established within the following distances from the normal high water mark of the surface water depending on the size of the surface water: greater than 10 acres - 1,000 feet; rivers and streams - 300 feet. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by topographic divides which extend landward from the waters of lesser distances and which are approved by the Commissioner of Natural Resources.
(D) Shoreland classification.
(1) The surface waters affected by this section and which require controlled development of their shoreland (Shoreland District) are shown on the map entitled “Zoning Map of the City of Stacy, Minnesota” which is properly approved and made a part of this chapter. Surface waters generally greater than 10 acres and given an identification number by the State of Minnesota are listed in the table below. Where the boundaries of the district are in question, the Board of Appeals shall make the necessary interpretation. If any boundary is disputed, the burden of proof shall rest with the applicant.
Surface Water Identification | ||
DNR Identification No. | Name | Classification |
13-59 | Sunrise Pools (East of T.H. 30 and North and South of Hwy. 19) | Natural Environment (NE) Lake |
13-61 | Unnamed Lake (approximately 2,500 feet North of Hwy. 19, East of I-35, and West of T. H. 30) | General Development |
(2) All rivers and streams (West Branch, Sunrise River) in the municipality of Stacy having a total drainage area of greater than 2 square miles are assigned a shoreland classification of general development.
(E) Minimum requirements. The following table sets forth the minimum requirements of each classification. Where the requirements of the zoning district are more restrictive, the more restrictive standards shall apply.
Unsewered Areas | Natural Environment Waters** | General Development Waters*** |
Unsewered Areas | Natural Environment Waters** | General Development Waters*** |
Lot area (sq. ft.) | 80,000 | 20,000 |
Water frontage and lot width at building line (ft.) | 200 | 100 |
Building setback from ordinary highwater mark (ft.) | 200 | 75 |
Building setback from roads and highways (ft.) | 50 federal, state or county; 20 municipal or private | |
Elevation of lowest floor above highest known water level (ft.) | 3 | 3 |
Building height limitation (ft.) | 35 | 35 |
Total lot area covered by impervious surface (%) | 30 | 30 |
Sewage system setback from ordinary high water mark (ft.) | 150 | 50 |
Sewage system elevation above highest groundwater level or bedrock (ft.) | 4 | 4 |
Sewered Areas* | Natural Environment Waters** | General Development Waters*** |
Lot area (sq. ft.) | ||
Waterfront lots | 40,000 | 15,000 |
Other lots | 20,000 | 10,000 |
Water frontage and lot width at building line (ft.) | 125 | 75 |
Building setback from ordinary high water mark (ft.) | 150 | 50 |
* All provisions for unsewered areas shall apply to sewered areas except for the following which shall supersede the provisions applied to unsewered areas.
** Sunrise Pools
*** Unnamed lake and West Branch - Sunrise River
(D) Soil absorption systems. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:
(1) Low swampy areas or areas subject to recurrent flooding;
(2) Areas where the highest known ground water table, bedrock or impervious soil conditions are within 4 feet of the bottom of the system;
(3) Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground;
(4) Public sewage disposal and commercial, agricultural, solid waste and industrial waste disposal shall conform to the standards, criteria, rules and regulations of the Minnesota Pollution Control Agency;
(5) Alternative methods of sewage disposal such as holding tanks, privies, electric or gas incinerators may be allowed, provided they meet the standards and regulations of the Minnesota Pollution Control Agency and Department of Health;
(6) All individual septic tanks, or soil absorption systems, shall be a minimum of 50 feet from the nearest well.
(G) Nonconforming sanitary systems.
(1) Nonconforming septic systems shall be brought into conformity within 5 years from adoption of this chapter.
(2) Private wells shall be placed in areas not subject to flooding or upslope from a source of contamination. Private wells must meet all Department of Health Standards.
(H) Shoreland alterations. Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion and to utilize excess nutrients. Any alteration of the vegetation or natural terrain in the Shoreland District shall be controlled by issuance of a landscape permit by the city. An approved permit shall be acquired before any shoreland alterations are undertaken as defined in this section. An alteration is defined as any clear-cutting, grading, and the like which involves the removal or addition of underbrush or vegetation which may have a detrimental impact by allowing soil erosion or runoff of excess nutrients to enter the public waters. The issuance of a landscape permit shall be controlled by this section in accordance with the following criteria:
(1) Clear cutting shall be prohibited, 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 shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water;
(4) Grading and filling of a permanent nature: where more than 10 yards of material is to be cut, filled or graded, a landscape permit shall be obtained from the city. This landscape permit shall be issued only if the applicant can demonstrate that:
(a) The smallest amount of bare ground shall be exposed for as short a time as feasible;
(b) Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided;
(c) Methods to prevent erosion and trap sediment shall be employed;
(d) Fill shall be stabilized to accepted engineering standards;
(e) Failure to acquire the necessary landscape permit shall be in violation of this chapter.
(I) Land suitability - SL Districts. 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 supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of future residents.
(J) Inconsistent plats. All plats recommended for approval which are inconsistent with the municipal shoreland ordinance shall be reviewed by the Minnesota Commissioner of Natural Resources before approval by the city may be granted.
(K) Planned unit developments. These shoreland management regulations may be altered to allow for planned unit developments as defined by this chapter, provided:
(1) Preliminary plans are approved by the Department of Natural Resources prior to approval by the city;
(2) Central sewage facilities are installed which meet all applicable standards and regulations or the planned unit development is connected to municipal sewer;
(3) Open space is preserved as appropriate;
(4) The increased density of development is consistent with and does not overburden the resource limitations of the public water or shorelands;
(5) That all shoreline development such as docks be centralized facilities serving the entire planned unit development; and
(6) That the final plan shall not be altered unless approved by the developer, city, and the Department of Natural Resources.
(L) Variances. Variances may be granted by the Council upon application required in 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:
(1) Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the Watershed Districts in conjunction with sound flood plain management;
(2) Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies;
(3) 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;
(4) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation, and the marshes and wetlands within the city;
(5) 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 such conditions as they deem necessary to insure compliance with the policy and intent of this chapter.
(Prior Code, § 903.09)