§ 156.214 SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS.

ACCESSORY STRUCTURE or FACILITY. A building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at, or greater than, normal structure setbacks.

BOATHOUSE. A structure designed, and used, solely for the storage of boats, or boating equipment.

BUILDING LINE. A line parallel to a lot line, or the ordinary high water level at the required setback beyond which a structure may not exceed.

COMMERCIAL USE. The principal use of land, or buildings, for the sale, lease, rental, or trade of products, goods, and services.

COMMISSIONER. The Commissioner of the Department of National Resources.

DECK. A horizontal, unenclosed platform with, or without, attached railings, seats, trellises, or other features, attached, or functionally related, to a principal use or site, and at any point extending more than three feet above the ground.

DUPLEX, TRIPLEX, AND QUAD. A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls, and each unit is equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

DWELLING SITE. A designated location for residential use by one, or more, persons using temporary, or movable, shelter, including camping and recreational vehicle sites.

DWELLING UNIT. Any structure, or portion of a structure, or other shelter designed as short-term, or long-term, living quarters for one, or more, persons, including rental or time-share accommodations, such as motels, hotels, and resort rooms and cabins.

EXTRACTIVE USE. The use of land for surface, or subsurface, removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under M.S. §§ 93.44 through 93.51, as they may be amended from time to time.

GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces, and kitchen and bathroom facilities, in addition to those provided in the primary dwelling unit on a lot.

HARDSHIP. When used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this subchapter.

HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building, or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof, or average height of the highest gable of a pitched, or hipped, roof.

INDUSTRIAL USE. The use of land or building for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot, or other accepted means, and separated from other parcels, or portions, by the description for the purpose of sale, lease, or separation.

NON-RIPARIAN LOT. A lot with no frontage on a waterbody.

RIPARIAN LOT. A lot with frontage on a waterbody.

LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building lot line.

NON-CONFORMITY. Any legal use, structure, or parcel of land already in existence, recorded, or authorized before the effective date of this subchapter, or amendments thereto, that would not have been permitted to become established under the terms of this subchapter if the section of the subchapter had been in effect prior to the date it was established, recorded, or authorized.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15, as it may be amended from time to time.

SEMI-PUBLIC USE. The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints, such as shallow soils over groundwater or bedrock, highly erosive, or expansive, soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility, and an ordinary high water level, sewage treatment system, road, highway, property line, or other facility.

SEWAGE TREATMENT SYSTEM. A septic tank and soil absorption system, or other individual or cluster type sewage treatment system, as described, and regulated, herein.

SEWER SYSTEM. Pipelines or conduits, pumping stations, force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste, or other wastes, to a point of ultimate disposal.

SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water level of a public water, and a line parallel to it at a setback of 50% of the structure setback.

SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; 300 feet from a river or stream; or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of SHORELANDS may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances, and when approved by the Commissioner.

SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the national Register of Historic Places, or is listed in the State Register of Historic Sites, or is determined to be unplatted cemetery that falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A HISTORICAL SITE meets these criteria if it is presently listed on either register, or if it is determined to meet the qualifications for listing after review by the state archaeologist, or the director of the State Historical Society. All unplatted cemeteries are automatically considered to be SIGNIFICANT HISTORICAL SITES.

SPECIAL USE. A land use, or development, that would not be appropriate generally, but may be allowed with appropriate restrictions, as provided by official controls upon a finding that certain conditions, as detailed in the zoning provisions, exist, the use or development conforms to the comprehensive land use plan of the city, and the use is compatible with the existing neighborhood.

STEEP SLOPE. Land where agricultural activity or development is either not recommended, or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped, and described, in available county soil surveys, or other technical reports, unless appropriate design, and construction, techniques, and farming practices, are used in accordance with the provisions of this subchapter. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

STRUCTURE. A building or appurtenance, including decks, except aerial, or underground, utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower, poles, and other supporting facilities.

SUBDIVISION. Land that is divided for the purpose of sale, rent, or lease.

SURFACE WATER ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to, and use of, a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of the use.

VARIANCE. A provision for varying the literal provisions of the zoning provisions in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration; and to grant such VARIANCES only when it is demonstrated that the actions will be in keeping with the spirit, and intent, of the zoning provisions.

WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building, or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks.

(Prior Code, § 11.60)

§ 156.213 ADMINISTRATION.

(A) Permit required.

(1) A permit is required for the construction of buildings, or building additions (and including such related activities as construction of decks and signs), the installation, and/or alteration, of sewage treatment systems, and those grading, and filling, activities not exempted by this subchapter. Application for a permit shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site’s suitability for the intended use, and that a compliant sewage treatment system will be provided.

(2) A permit authorizing an addition to an existing structure shall stipulate that an identifying, non-conforming sewage treatment system shall be reconstructed, or replaced, in accordance with the provisions of this subchapter.

(B) Variances.

(1) Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time. A variance may not circumvent the general purposes, and intent, of this subchapter. VARIANCE means a provision for varying the literal provisions of this subchapter in instances where its strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant the VARIANCE only when it is demonstrated that the actions will be in keeping with the spirit, and intent, of this subchapter. No VARIANCE may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a VARIANCE to ensure compliance, and to protect adjacent properties and the public interest. In considering a VARIANCE request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, or whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

(2) The Board of Adjustment shall hear, and decide, requests for variances in accordance with the rules that is has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required herein shall also include the Board of Adjustment’s summary of the public record/testimony, and the findings of facts and conclusions that supported the issuance of variances.

(3) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non-conforming sewage treatment system.

(1) Copies of all notices of any public hearings to consider variances, amendments, or special uses under local shoreland management controls must be sent to the Commissioner, or the Commissioner’s designated representatives, and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(2) A copy of approved amendments and subdivisions/plats, and final decisions granting variances, or special uses, under local shoreland management controls, must be sent to the Commissioner, or the Commissioner’s designated representative, and postmarked within ten days of final action.

(D) Fee schedule. A copy of the fee schedule shall be available in the office of the Zoning Administrator.

(Prior Code, § 11.60)

§ 156.214 SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS.

(A) Shoreland classification system. The public waters of the county and the city have been classified by the Commissioner, and have been supported by appropriate data. The classification of St. James Lake and St. James Creek has been classified consistent with the criteria found in Minn. Regs. parts 6120.2500 through 6120.3900, and the Protected Waters Inventory Map for the county. The Commissioner may reclassify any public water as the need arises. Also, official representatives of the city may submit a resolution, and supporting data, requesting a change in any shoreland management classification of waters within its jurisdiction to the Commissioner for consideration.

(1) Shoreland area. The shoreland area for the waterbodies listed in divisions (A)(2) and (A)(3) below shall be as defined herein, and as shown on the official zoning map.

(2) Lakes.

Recreational Development Lakes	Protected Waters Inventory I.D. Number
St. James Lake	83-43P

(3) Rivers and streams.

(a) Tributary streams in the city: St. James Creek.

(b) All protected watercourses in the city shown on the Protected Waters Inventory Map for the county, a copy of which is hereby adopted by reference, not given a classification shall be considered tributary.

(B) Land use district descriptions. The underlying zoning districts designate the uses allowed on the land over which the following standards apply. The most restrictive standards apply to the use. See the zoning map for the proper zoning district, and the accompanying shoreland designation map, both of which are on file at the City Hall.

(Prior Code, § 11.60)

§ 156.215 ZONING AND WATER SUPPLY, SANITARY PROVISIONS.

(A) General. All uses established within shoreland areas are required to be developed with the provision of city sewer and water utilities.

(B) Lot area and width standards for residential uses applying to shoreland areas. The lot area (in square feet) and lot width standards (in feet) for single-family homes, duplexes, and for additional units created after the effective date of this subchapter for the lake and stream classifications follow (for St. James Lake specifically):

(1) Riparian lots.

Structure Type	Area	Width
Additional units*	15,000 square feet	60 feet
Duplex	35,000 square feet	135 feet
Single	20,000 square feet	100 feet
Notes to Table: * For each additional unit, add the area amount and the width amount found in the table to the standards for single-family homes or duplexes.

(2) Non-riparian lots.

Structure Type	Area	Width
Additional units*	12,000 square feet	55 feet
Duplex	26,000 square feet	135 feet
Single	15,000 square feet	75 feet
Notes to Table: * For each additional unit, add the area amount and the width amount found in the table to the standards for single-family homes or duplexes.

(C) St. James Creek area lot width standards. There are no minimum lot size requirements for streams in the shoreland overlay district. Minimum lot sizes of the underlying zoning districts will apply. The lot width standards for single-family homes, duplexes, and additional units developed within the creek area are as follows:

Structure Type	Sewered
Additional units*	35 feet
Duplex	115 feet
Single	75 feet
Notes to Table: * For each additional unit, add the sewered amount found in the table to the standards for single-family homes or duplexes.

(D) Additional special provisions. Lots intended as controlled accesses to public waters, or as recreation areas for use by owners of non-riparian lots within subdivisions, are permissible and must meet, or exceed, the following standards:

(1) Size and width. Lots must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots;

(2) Docking, mooring, water storage. If docking, mooring, or over water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table for controlled access lot frontage requirements:

Ratio of Lake Size to Shore Length (acres/mile)	Required Increase in Frontage (percent)
100 to 200	20%
201 to 300	15%
301 to 400	10%
Greater than 400	0.05%
Less than 100	25%

(3) Property ownership. Lots must be jointly owned by all purchasers of lots in the subdivision, or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot; and

(4) Covenants. Covenants, or other equally effective legal instruments, must be developed that specify which lot owners have authority to use the access lot, and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water, or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked on the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer leaf-on conditions.

(E) Placement, design, and height of structures.

(1) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level; provided, the proposed building site is not located in a shore impact zone. Structures shall be located as follows:

(a) Structure and on-site sewage system setback (in feet) from ordinary high water level requirements are listed below:

Class of Public Waters	Unsewered	Sewered	Sewage Treatment System
St. James Creek	Not allowed	50	Not allowed
St. James Lake	Not allowed	75	Not allowed
Notes to Table: One water-oriented accessory structure designed, in accordance with division (E)(1)(b) below, may be set back a minimum distance of ten feet from the ordinary high water level.

(b) The following additional structure setbacks apply, regardless of the classification of the waterbody:

Setback From	Setback (in feet)
Right-of-way line of city road, public street, or other roads or streets not classified	25 feet
Right-of-way line of federal, state, or county highway	50 feet
Unplatted cemetery	50 feet

1. The structure, or facility, must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;

2. The setback of the structure, or facility, from the ordinary high water level must be at lest ten feet;

3. The structure, or facility, must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer leaf-on conditions;

4. The roof may be used as a deck with safety rails, but must not be enclosed, or used as a storage area;

5. The structure, or facility, must not be designed, or used, for human habitation, and must not contain water supply, or sewage, treatment facilities; and

6. Water-oriented accessory structures used solely for watercraft storage, including storage of related boating and water oriented sporting equipment, may occupy an area up to 400 square feet; provided, the maximum width of the structure is 20 feet, as measured parallel to the configuration of the shoreline.

(c) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up, and down, 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 on residential lots. Wider stairways may be used for commercial properties, or public open space recreational properties;

2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, or public open space recreational properties;

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; and

6. Facilities, such as ramps, lifts, or mobility paths for physically challenged persons are also allowed for achieving access to shore areas; provided, that the dimensional, and performance, standards, provided for herein, are complied with, in addition to the requirements of Minn. Regs. Chapter 1340.

(d) No structure may be placed on a significant historic site in a manner that affects the values of the site, unless adequate information about the site has been removed, and documented, in a public repository; and

(e) The Zoning Administrator must evaluate possible soil erosion impacts, and development visibility, from public waters before issuing a permit for construction of sewage treatment systems, 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.

(2) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.

(F) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

(1) Vegetation alterations.

(a) Vegetation alteration necessary for the construction of structures and sewage treatment systems, and the construction of roads and parking areas regulated by this subchapter, are exempt from the vegetation standards that follow.

(b) Removal, or alteration, of vegetation, except for agricultural uses as regulated herein, is allowed, subject to the following standards:

1. Intensive vegetation clearing within the Shore Impact Zone, and on steep slopes, is not allowed; and

2. In the Shore Impact Zone, and on steep slopes, limited clearing of trees is allowed to provide a view to the water from the principal dwelling site, and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities; provided, that:

a. The screening of structures, vehicles, or other facilities, as viewed from the water, assuming summer leaf-on conditions, is not substantially reduced;

b. Along rivers, existing shading of water surfaces is preserved; and

c. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

(2) Topographic alterations/grading and filling.

(a) Grading and filling, and excavations necessary for the construction of structures, sewage treatment systems, and driveways, under validly issued construction permits for these facilities, do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this division (F)(2) must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

(b) Notwithstanding division (F)(2)(a) above, a grading and filling permit will be required for:

1. The movement of more than ten cubic yards of material on steep slopes, or within the Shore Impact Zone; and

2. The movement of more than 50 cubic yards of material outside of steep slopes and the Shore Impact Zone.

(c) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, special use permits, variances, and subdivision approvals:

1. Grading, or filling, in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (this evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies, such as a watershed district, the State Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised):

a. Sediment and pollutant trapping and retention;

b. Storage of surface runoff to prevent, or reduce, flood damage;

c. Fish and wildlife habitat;

d. Recreational use;

e. Shoreline, or bank, stabilization; and

f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others.

2. Alterations must be designed, and conducted, in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

3. Mulches, or similar materials, must be used where necessary for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

4. Methods to minimize soil erosion, and to trap sediments before they reach any surface water feature, must be used;

5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts, and the United States Soil Conservation Service;

6. Fill, or excavated material, must not be placed in a manner that creates an unstable slope;

7. Plans to place fill, or excavated material, on steep slopes must be reviewed by qualified professionals for continued slope stability, and must not create finished slopes of 30% or greater;

8. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245, as it may be amended from time to time;

9. Alterations of topography must only be allowed if they are accessory, or special, uses, and do not adversely affect adjacent, or nearby, properties; and

10. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to the 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.

(d) Excavations, where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

(G) Placement and design of roads, driveways, and parking areas.

(1) Public and private roads, parking areas design. Public and private roads, and parking areas, must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads, and parking areas, are designed, and constructed, to minimize, and control, erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(2) Structure setbacks. Roads, driveways, and parking areas must meet structure setbacks, and must not be placed within the Shore Impact Zone when other reasonable, and feasible, placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

(3) Public, and private, watercraft access. Public, and private, watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones; provided, the vegetative screening and erosion control conditions of this provision are met. For private facilities, the grading and filling provisions provided for herein must be met.

(H) Stormwater management. The following general, and specific, standards shall apply:

(1) General standards.

(a) When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters;

(b) 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; and

(c) 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 human-made materials and facilities.

(2) Specific standards.

(a) Impervious surface coverage of lots must not exceed 25% of the lot area;

(b) 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; and

(c) New constructed stormwater outfalls to public waters must provide for filtering, or settling, of suspended solids, and skimming of surface debris before discharge.

(I) Specific provisions for commercial, industrial, public/semi-public, agricultural, forestry, and extractive uses, and mining of metallic minerals and peat.

(1) Standards for commercial, industrial, public, and semi-public uses

(a) Surface water-oriented commercial uses and industrial, public, or semi-public 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 needs must meet the following standards:

1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this section, the uses must be designed to incorporate topographic, and vegetative, screening of parking areas and structures;

2. 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

3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

a. 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 County Sheriff;

b. 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;

c. Signs must not contain other detailed information, such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded, or directed, to prevent illumination out across public waters; and

d. 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.

(b) Uses without water-oriented needs must be located on lots, or parcels, without public waters frontage, or, if located on lots, or parcels, with public waters 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.

(2) Agriculture use standards.

(a) General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses of steep slopes and shores, and 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 50 feet from, the ordinary high water level.

(b) Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize any impact upon the Shore Impact Zone, or public waters, by proper application, as per provisions in the Water Quality in Agriculture “Best Management Practices in Minnesota”, or by the use of earth or vegetation.

1. New feedlots must not be located in the shoreland of watercourses, and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins;

2. Modifications, or expansions, to existing feedlots that are located within 300 feet of the ordinary high water level are allowed if they do not further encroach into the existing ordinary high water level setback; and

3. A certificate of compliance, interim permit, or animal feedlot permit, when required, must be obtained by the owner, or operator, of an animal feedlot.

(3) Extractive use standards.

(a) An extractive use site development, and restoration, plan must be developed, approved, and followed over the course 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.

(b) Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters.

(J) Special uses. Special uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of special uses established in this chapter. The following additional evaluation criteria and special conditions apply within shoreland areas:

(1) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:

(a) The prevention of soil erosion, or other possible pollution of public waters, both during, and after, construction;

(b) The visibility of structures, and other facilities, as viewed from public waters is limited;

(d) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safety accommodate these watercraft.

(2) Conditions attached to special use permits. The Planning and Zoning Commission, or Council, upon consideration of the criteria listed above, and the purposes of this section, shall attach the conditions to the issuance of the special use permits as it deems necessary to fulfill the purposes of this subchapter. The conditions may include, but are not limited to, the following:

(a) Increased setbacks from the ordinary high water level;

(b) Limitations on the natural vegetation to be removed, or the requirement that additional vegetation be planted; and

(c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(K) Water supply and sewage treatment.

(1) Water supply. Any use proposed within the shoreland area must be served by a public water supply for domestic purposes meeting, or exceeding, standards for water quality of the State Department of Health and the State Pollution Control Agency.

(2) Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

(a) Publicly-owned sewer systems must be used where available; and

(b) Existing, and non-conforming, sewage treatment systems shall be eliminated from use within two years of the effective date of this subchapter, and the use will be connected to city sewer services.

(Prior Code, § 11.60)

§ 156.216 NON-CONFORMITIES.

(A) All legally established non-conformities on the effective date of this subchapter may continue, but they will be managed according to the applicable state statutes, and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use.

(B) The following standards will also apply in shoreland areas:

(1) Construction on non-conforming lots of record.

(a) Lots of record in the office of the County Recorder on the effective date of local shoreland controls that do not meet the requirements of this subchapter may be allowed as building sites without variances from lot size requirements; provided, the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this subchapter are met;

(b) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities, or constraints, of the lot, and shall deny the variance if adequate facilities cannot be provided; and

(c) If, in a group of two, or more, contiguous lots under the same ownership, any individual lot does not meet the requirements of this subchapter, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one, or more, contiguous lots so they equal one, or more, parcels of land, each meeting the requirements of this subchapter as much as possible.

(2) Additions/expansions to non-conforming structures.

(a) All additions, or expansions, to the outside dimensions of an existing, non-conforming structure must meet the setback, height, and other requirements of this subchapter. Any deviation from these requirements must be authorized by a variance, as provided for herein;

(b) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

1. The structure existed on the date the structure setbacks were established;

2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting, or exceeding, the existing ordinary high water level setback of the structure;

3. The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level, or does not encroach closer than 30 feet, whichever is more restrictive; and

4. The deck is constructed primarily of wood, and is not roofed or screened.

(3) Non-conforming sewage treatment systems.

(a) A sewage treatment system not meeting the requirements of this subchapter must be upgraded, at a minimum, at any time a permit, or variance, of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level; and

(b) The Council has, by formal resolution, notified the Commissioner of its program to identify non-conforming sewage treatment systems. Upon adoption of this subchapter, the Building Official will conduct a systematic on-site inspection program to identify current septic systems located within the shoreland area. Once identified, a determination will be made as to whether the septic system conforms to Minn. Rules Chapter 7080. Following the initial inspection, the Building Official will conduct yearly inspections of all septic systems to determine whether the systems conform to the rules established. The city will require upgrading, or replacement, of any non-conforming system identified by this program within a reasonable period of time, which will not exceed two years, or preferably, connection to city sewer services. If the non-conforming system is located within the city, the property owner will be required to hook up to the city sewage system. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.211, as it may be amended from time to time, in effect at the time of installation may be considered as conforming, unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems, with less soil treatment area separation above groundwater than required by the State Pollution Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be considered non-conforming.

(Prior Code, § 11.60)

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