(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.
(c) Animal feedlots must meet the following standards:
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;
(c) The site is adequate for water supply and on-site sewage treatment; and
(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)