(A) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in: M.S. Ch. 103, as it may be amended from time to time; Minn. Regs. parts 6120.2500 through 6120.3900; and the city planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.
(B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare by contributing to pollution of public waters and by impairing the local tax base. It is, therefore, in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. The legislature of the state has delegated this responsibility to local governments. The responsibility is hereby recognized by the city.
(C) General provisions and definitions.
(1) Jurisdiction. The provisions of this chapter shall apply to the shorelands in the city of the public waters identified and classified in division (E) below.
(2) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section.
(3) Enforcement. The Planning Administrator or designee is responsible for the administration and enforcement of this section. Any violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity pursuant to division (D)(1) below or § 162.028 of this chapter.
(4) Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statute.
(5) Estimated ordinary high water level.
River Mile | Elevation (NGVD 1929) Feet |
River Mile | Elevation (NGVD 1929) Feet |
762 | 671.5 |
761 | 670.8 |
Hwy 25 Br. | 670.2 |
760 | 670.1 |
759 | 669.6 |
758 | 668.8 |
757 | 668.3 |
(D) Administration of shoreland regulations.
(1) Permits required. A zoning permit, as identified under § 162.028 of this chapter, is required for any structure, use of or alteration of land, 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 divisions (G) and (H) below. Application for a permit shall be made to the Planning Administrator on designee on the forms provided. The application shall include the necessary information so that staff can determine the site’s suitability for the intended use and that compliant sewage treatment will be provided.
(2) Notifications to the DNR required.
(a) Copies of all notices of any public hearings to consider variances, zoning amendments (map or text), conditional uses and subdivisions or plats within the designated shoreland must be sent to the Commissioner or the Commissioner’s designated representative (typically, the area hydrologist) and postmarked at least ten days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(b) Upon final approval of a zoning ordinance amendment a subdivisions/plats, a granting of variances or conditional uses located with the designated shoreland, notification of the approvals must be sent to the Commissioner or the Commissioner’s designated representative (typically the area hydrologist) and postmarked within ten days of final action.
(c) 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 shall also include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(3) Appeals and variances. An application for a variance shall be filed in writing with the Planning Department as specified under § 162.030 of this chapter.
(4) Rezoning (modifications to underlying zoning districts within the shoreland boundary). Any modification to underlying zoning districts within the shoreland boundary shall be consistent with the goals, policies and objectives of the adopted comprehensive land use plan, in conformance with the criteria specified in Minn. Regs. part 6120.3200, subd. 3, or as amended, and the following criteria, considerations and objectives:
(a) General considerations and criteria for all land uses:
1. Preservation of natural areas;
2. Present ownership and development of shoreland areas;
3. Shoreland soil types and their engineering capabilities;
4. Topographic characteristics;
5. Vegetative cover;
6. In water physical characteristics, values and constraints;
7. Recreational use of the surface water;
8. Road and service center accessibility;
9. Socioeconomic development needs and plans as they involve water and related land resources;
10. The land requirements of industry which, by its nature, requires location in shoreland areas; and
11. The necessity to preserve and restore certain areas having significant historical or ecological value.
(b) Factors and criteria for planned unit developments:
1. Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
2. Physical and aesthetic impacts of increased density;
3. Suitability of lands for the planned unit development approach;
4. Level of current development in the area; and
5. Amounts and types of ownership of undeveloped lands.
(c) When an interpretation question arises about whether a specific land use fits within a given zoning district or “use” category, the interpretation shall be made by the Planning Commission.
(d) When there is a request for rezoning within the Shoreland District, the applicant must provide the supporting and/or substantiating information for the specific parcel in question indicating that the new zone would meet the standards described in divisions (D)(4)(a) through (D)(4)(c) above.
(E)
Protected Water Classification | Protected Waters I.D.# | |
Robinson Lake | General development lake | 79005 02 |
Schmidt Coulee (Brewery Cr.) | Tributary stream | Legal Description; T111N,R10W, Sec. 19 & 30 |
U.S. Lock and Dam No.4 Pool (Mississippi Pool #4) | General development lake | 79005 00 |
(F) Shoreland zones and requirements. Whenever allowed uses are not consistent between the Shoreland Overlay Zone and the underlying zoning district, the more restrictive of the two shall apply.
(1) S-1. The purpose of the S-1 Shoreland Overlay Zone is to provide standards for shoreland areas within the city that are primarily undeveloped.
(a) Allowable uses.
1. Permitted uses:
a. Single-family detached residential dwelling units;
b. Accessory structures as allowed in underlying zone;
c. Forest management;
d. Sensitive resource management; and
e. Agricultural: cropland and pasture.
2. Conditional uses:
a. Parks and historic sites; and
b. Campgrounds.
3. Interim uses:
a. Grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards outside of shore impact or steep slopes (see also division (H) below); and
b. Extractive uses.
(b) Minimum lot area and width standards.
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Sewered areas | 15,000 | 75 | 10,000 | 75 |
Unsewered areas | 40,000 | 150 | 40,000 | 150 |
(c) Residential density.
Riparian | Non-Riparian | |
Sewered | 2.9 d.u. per acre | 4.3 d.u. per acre |
Unsewered | 1 d.u. per acre | 2 d.u. per acre |
(d) Impervious surface coverage. Impervious surface coverage of lots must not exceed 25% of lot area.
(e) Setbacks. Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones.
(f) Public waters. Public and semi-public uses with 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. Parking areas or parking structures must be designed to incorporate topographic and vegetative screening from the public waters assuming summer, leaf on conditions.
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.
3. Uses that depend on patrons arriving by watercraft may use unlit signs 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. The 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 25 square feet in size.
c. 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.
(g) Agricultural use standards. For cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting steep slopes and shore and bluff impact zones must be 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 district or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone boundary for parcels with allowed (permitted or conditional) agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
(h) Animal feedlots.
1. New feedlots are not allowed in the Shoreland Districts.
2. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or bluff impact zone.
(2) S-2. Provides standards for shoreland areas that have some development, but residential densities are intended to remain low (low density residential land uses).
(a) Allowable uses.
1. Permitted uses:
a. Single-family residential dwelling units (detached or attached) with up to four dwelling units;
b. Accessory structures as allowed in underlying zone;
c. Multi-family residential with up to four dwelling units;
d. Forest management;
e. Sensitive resource management; and
f. PUD with uses as allowed in underlying zoning district.
2. Conditional uses:
a. Semi-public uses (when allowed as permitted or conditional in the underlying zoning district);
b. Parks and historic sites;
c. Campgrounds;
d. Mixed use (residential and commercial) with only those uses allowed in the underlying zoning district;
e. Commercial and service oriented businesses (as allowed as a conditional or permitted use in the underlying zoning district);
f. Golf courses, clubs and other recreational uses not conflicting with neighboring residential use; and
g. Places of public assembly.
3. Interim uses:
a. Grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards in all shoreland areas (see also division (I) below); and
b. Extractive uses.
(b) Minimum lot area and width standards.
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Sewered areas | ||||
Single | 14,000 | 75 | 10,000 | 60 |
Duplex | 26,000 | 135 | 17,500 | 120 |
Triplex | 38,200 | 195 | 25,000 | 190 |
Quad | 49,000 | 255 | 2,5000 | 245 |
Unsewered areas | ||||
Single | 40,000 | 150 | 40,000 | 150 |
Duplex | 80,000 | 265 | 80,000 | 80,000 |
Triplex | 120,000 | 375 | 3 | 120,000 |
Quad | 160,000 | 490 | 160,000 | 490 |
(c) Residential density.
Riparian | Non-Riparian | |
Sewered | 3 d.u. per acre | 4.3 d.u. per acre |
Unsewered | 1 d.u. per acre | 2 d.u. per acre |
(d) Impervious surface coverage. Impervious surface coverage of lots must not exceed 25% of lot area.
(e) Setbacks. Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones 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.
(f) Commercial, public and semi-public uses. Commercial, public and semi-public uses located on riparian lots must meet the following standards.
1. In addition to meeting impervious coverage limits, setbacks and other zoning standards in this chapter, 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.
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. The 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.
c. 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.
(3) S-3. Provides standards for shoreland areas that cover the historic neighborhoods of the city, which are primarily residential, but also include commercial and institutional uses. The use of PUDs or other clustering techniques is not allowed in order to encourage the traditional neighborhood pattern of development.
(a) Allowable uses.
1. Permitted uses:
a. Single-family residential dwelling units (detached or attached with up to two dwelling units);
b. Multi-family residential with up to two dwelling units;
c. Accessory structures as allowed in underlying zone;
d. Sensitive resource management; and
e. Forest management.
2. Conditional uses:
a. Single-family attached residential with three or more units (when allowed as permitted or conditional in the underlying zoning district);
b. Multi-family residential with three or more units (when allowed as permitted or conditional in the underlying zoning district);
c. Semi-public uses (as allowed in the underlying zoning district);
d. Parks and historic sites;
e. Campgrounds;
f. Mixed use (residential and commercial) with only those uses allowed in the underlying zoning district;
g. Surface water-oriented commercial uses (as allowed in the underlying zoning district);
h. Hospitals, dentists offices and clinics;
i. Places of public assembly;
j. Commercial and service oriented businesses (as allowed as a conditional or permitted use in the underlying zoning district); and
k. Essential governmental uses buildings and storage facilities (as allowed as a conditional or permitted use in the underlying zoning district).
3. Interim uses: grading, filling and excavation over three cubic yards per 100 square feet of land in the shore impact zone or on steep slopes, and/or more than 1,000 cubic yards in all shoreland areas. (See also division (I) below.)
(b) Minimum lot area and width standards.
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Riparian Lots | Non-Riparian Lots | |||
Area | Width | Area | Width | |
Sewered areas | ||||
Single | 8,580 | 60 | 8,580 | 60 |
Duplex | 14,300 | 100 | 14,300 | 100 |
Triplex | 38,000 | 195 | 25,000 | 190 |
Quad | 49,000 | 255 | 25,000 | 245 |
Multi > 4 units | 49,000 | 255 | 25,000 | 245 |
Non-residential | 8,580 | 60 | 8,580 | 60 |
NOTES TO TABLE: *All development in this zone must be connected to city sewer. | ||||
(c) Maximum residential density.
Riparian and Non-Riparian Lots | |
Sewered | 6 d.u. per acre |
(d) Setbacks. Every effort should be made to design roads, driveways and parking areas to meet structure setbacks. These will only be placed within bluff and shore impact zones 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.
(e) Non-conforming structures. A request for a variance (following the process outlined in division (D)(3) above) will be considered for reconstruction of pre-existing structures within the pre-existing footprint and height if damaged more than 50% of the assessor’s market value for uses allowed as permitted or conditional within the S-3 overlay and underlying zoning district.
(f) Impervious surface coverage. Impervious surface coverage of lots must not exceed 40% of lot area. Conditional uses may be required to provide up to 75% non-impervious surface (25% impervious).
(g) Commercial, industrial, public and semi-public uses. Commercial, industrial, public and semi-public uses located on riparian lots must meet the following standards.
1. Parking lots shall be designed to incorporate topographic or vegetative screening of parking areas from public waters when visible from the waters.
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.
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. The 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.
c. 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.
(4) S-4. Provides standards for shoreland areas that are high density, mixed use or commercial in nature historically or designated in the Comprehensive Plan.
(a) Allowed uses. Uses as identified in the underlying zoning ordinance shall prevail.
(b) Lot area and width standards. Standards as identified in the underlying zoning ordinance shall prevail. All development in this zone must be connected to city sewer.
(c) Impervious surface coverage. The following shall apply to new construction or additions to an existing building footprint.
Type of Use | Maximum Impervious Surface Coverage |
Commercial, public or mixed uses of up to 18,000 square feet (building footprint) | No maximum |
Commercial, public or mixed uses of 18,001 square feet or more (building footprint) | 25%* |
Residential with up to 2 dwelling units | 50% |
NOTES TO TABLE: * Impervious coverage may be increased by 15% for these uses if the following is provided: 1. A storm water retention plan be submitted showing containment of the five-year, 24-hour storm event on the parcel. 2. Direct runoff of storm water to adjacent water bodies, including wetlands and adjacent parcels, shall be eliminated through the use of berms, filtration strips, swales or other permanent means. | |
(d) Setbacks. Every effort should be made to design roads, driveways and parking areas to meet structure setbacks. These will only be placed within bluff and shore impact zones when no other reasonable and feasible placement alternatives exist. Evidence providing proof that such locations are not feasible must be provided with application and found acceptable by the Planning Administrator or designee or Planning Commission. If no alternatives exist, they may be placed within these areas and must be designed to minimize adverse impacts.
(e) Commercial, industrial, public and semi-public uses. Commercial, industrial, public and semi-public uses located on riparian lots must meet the following standards.
1. Parking lots shall be designed to incorporate topographic or vegetative screening of parking areas from public waters when visible from the waters.
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.
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. The 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.
c. 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.
(5) Brewery Creek. Provides standards for the Brewery Creek Shoreland area.
(a) Lot width standards. There are no minimum lot area requirements for streams. The lot width standards are:
Sewered | Unsewered | |
Single | 75 | 100 |
Duplex | 115 | 150 |
Triplex | 150 | 200 |
Quad | 190 | 250 |
(b) Residential density. Densities of the underlying zoning district will prevail.
(c) Impervious surface coverage. Impervious surface coverage of lots must not exceed 25% of lot area.
(d) Allowable uses.
1. Permitted uses:
a. Forest management;
b. Sensitive resource management; and
c. Agricultural: cropland and pasture.
2. Conditional uses:
a. Parks and historic sites;
b. Campgrounds; and
c. Agricultural feedlots.
3. Interim uses: extractive use.
(e) Setbacks. Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones 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.
(6) Additional zoning requirements. The following standards apply to areas within every Shoreland District. Setbacks from OHWL: 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 or in a bluff impact zone.
Structure | Sewage Treatment System | ||
Sewered | Unsewered
| ||
Brewery Creek | 50 feet | 100 feet | 75 feet |
Mississippi Pool #4 | 50 feet | 75 feet | 50 feet |
Water-orientated accessory structure* | 10 feet | 10 feet | - |
NOTES TO TABLE: * One water-oriented accessory structure per residential lot designed in accordance with division (H) below is allowed. | |||
(7) Additional structure setbacks.
(a) The following additional structure setbacks apply, regardless of the classification of the waterbody:
Setback From: | Setback |
Top of bluff | 30 feet |
Unplatted cemetery | 50 feet |
(b) Setbacks from streets and property lines are required as indicated in the underlying zoning district.
(8) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(9) Uses without water-oriented needs. 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.
(10) Sewage treatment. A sewage treatment system not meeting the requirements of division (O) below must be upgraded, when a permit or variance of any type is required for any improvement on, or use of, the property.
(11) 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 division (I) below are exempt from the vegetation alteration standards that follow.
(b) Removal or alteration of vegetation (except for allowable agricultural and forest management uses) is allowed subject to the following standards.
1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forestland conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming 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 creeks, 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.
(c) Use of fertilizers and pesticides in all districts must minimize runoff into shore impact zones and public waters by use of earth, vegetation or both.
(12) Guest cottage. One guest cottage may be allowed on lots which meet or exceed the standards for a duplex within that shoreland zone. The following standards must also be met.
(a) For lots which qualify for future subdivision, the guest cottage must be located in proximity to the principle residence so that the structures would remain on the same parcel if a lot split were to occur.
(b) A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height.
(c) A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by use of vegetation, topography, increased setbacks or color (assuming summer leaf-on conditions).
(13) Public waters. 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.
(a) They must meet the width and size requirements for residential lots and be suitable for their intended uses.
(b) 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 5% of the requirements for riparian residential lots for each watercraft beyond six.
(c) They 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.
(d) 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 and 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.
(G) Design criteria for structures.
(1) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, along Brewery Creek, the elevation to which the lowest floor, including the basement, is placed or flood-proofed must be determined as follows.
(a) By placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation.
(b) Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minn. Rules parts 6120.5000 to 6120.6200, governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities.
(c) Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind driven waves and debris.
(2) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in divisions (F)(1) through (F)(5) above if this water- oriented accessory structure complies with the following provisions.
(a) 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.
(b) The setback of the structure or facility from the ordinary high water level must be at least ten feet.
(c) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by use of vegetation, topography, increased setbacks or color (assuming summer, leaf-on conditions).
(d) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(f) As an alternative for general development waterbodies, water-oriented accessory structures used solely for watercraft storage, and 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.
(3) 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 requirements.
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments.
(b) 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, public open space recreational properties and planned unit developments.
(c) Canopies or roofs are not allowed on stairways, lifts or landings.
(d) 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.
(e) 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.
(f) 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 herein are complied with in addition to the requirements of Minn. Rules Ch. 1340.
(4) Significant historic sites. 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.
(5) Steep slopes. The Planning Administrator or designee 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.
(6) Height of structures. All structures in residential districts, except places of worship and non-residential agricultural structures, must not exceed the height limits specified in the underlying zoning districts.
(H) Topographic alterations/grading and filling.
(1) 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 permit. However, the grading and filling standards in this chapter must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by division (I) below.
(3) Notwithstanding divisions (H)(1) and (H)(2) above, a zoning permit will be required based on the following table unless a property owner provides evidence that the fill meets the standards outlined in the State DNR’s “Shoreline Alterations: Beach Blanket” publication (dated October 2012 or as revised). *Amount of square feet is the project area where work is occurring not the entire property.
Shore Impact (Within 25 Feet of Shoreline) or Steep Slopes | Shoreland Outside of Shore Impact or Steep Slopes | |
Under 1 cubic yard per 100 square feet* | No permit required | No permit required |
Between 1 and 3 cubic yards per 100 square feet* | Zoning permit required | No permit required |
3 or more cubic yards per 100 square feet* | Interim use permit required | Zoning permit required |
1,001 cubic yards or more total* | Interim use permit | Interim use permit |
(4) The following considerations and conditions must be adhered to during the issuance of construction permits, zoning permits, conditional/interim use permits, variances and subdivision approvals.
(a) 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: (*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’s Department of Natural Resources or the United States Army Corps of Engineers.)
1. Sediment and pollutant trapping and retention;
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Note worthiness, including special qualities such as historic significance, habitat for endangered plants and animals, or others.
(b) 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.
(c) 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.
(d) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(e) 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.
(f) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(g) 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.
(h) Fill or excavated material must not be placed in bluff impact zones.
(i) Any alterations below the ordinary high water level of public waters must first be authorized by the DNR Commissioner under M.S. § 103G.245, as it may be amended from time to time.
(j) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(k) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted under the following circumstances.
1. The finished slope does not exceed three feet horizontal to one foot vertical or meets the average slope of the current bank throughout the project area.
2. The landward extent of the riprap is within ten feet of the ordinary high water level.
3. The height of the riprap above the ordinary high water level does not exceed three feet or the meets the average height of the current bank throughout the project area.
4. Along any shore open to the public (public land or right-of way):
a. At least one pedestrian path or stairway for each parcel of land under separate ownership is provided for access to the water; and
b. Placement of riprap will not cover beaches (areas typically above water at normal water level) unless the DNR verifies the need in order for shore stabilization.
(l) A zoning permit is required for excavations where the intended purpose is connection to public water, such as boat slips, canals, lagoons and harbors. This may be issued only after the Commissioner of the DNR has approved the proposed connection to public waters.
(I) Placement and design; roads, driveways, parking areas.
(1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography in shoreland areas where it still exists to achieve maximum screening from view from public waters. Documentation must be provided by a civil engineer or landscape architect 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) Public and private watercraft access ramps, approach roads and access related parking areas may be placed within shore impact zones, but must be designed and constructed to take advantage of natural vegetation and topography in shoreland areas where it still exists, to achieve maximum screening from view from public waters and minimize and control erosion to public waters. Construction requiring grading and filling as identified in division (H) above must meet all zoning permit requirements listed in that division.
(J) Storm water management; general standards.
(1) When possible, existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water 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 storm water 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
(4) When constructed facilities are used for storm water 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 district.
(5) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(K) Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the state’s Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota”.
(L) Extractive use standards.
(1) Site development and restoration plan. 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.
(2) Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(M) Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures established in § 162.029 of this chapter. The following additional evaluation criteria and conditions apply within shoreland areas.
(1) Evaluation criteria. The Planning Commission shall review the application and consider the waterbody, the topography, vegetation and soils conditions on the site and only issue a CUP where there are findings 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 in undeveloped areas and screened as deemed appropriate in developed areas;
(c) The site is adequate for water supply and 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 safely accommodate these watercraft.
(2) Conditions attached to conditional use permits. The Planning Commission, upon consideration of the criteria listed above and the purposes of the shoreland section, shall attach conditions to the issuance of conditional use permits as it deems necessary to fulfill the purposes of this chapter and the adopted Comprehensive Plan. Conditions imposed will be based on the goals of maintaining or improving water quality and/or the scenic and natural atmosphere from the protected public water. 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;
(c) Special provisions for the location, design and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas;
(d) Requirements to connect to city sewer services; and
(e) Additional storm water management infrastructure or procedures.
(N) Non-conformities. All legally established non-conformities as of the date of this chapter may continue, according to applicable state statutes and regulations stated in divisions (F) and (G) above; except that, the following standards will also apply in all shoreland areas:
(1) Lots of record in the office of the county’s Register of Deeds on the date of enactment of local shoreland controls that do not meet the requirements of divisions (F) and (G) above may be allowed as building sites without variances from lot size requirements; provided, 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 chapter are met.
(2) A variance from setback requirements, if necessary, 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.
(3) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of divisions (F)(1) through (F)(5) above, 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 minimum lot area requirements for that area of shoreland as much as possible.
(4) A deck addition to a structure not meeting the required setback from the ordinary high water level may be allowed without a variance if all of the following criteria and standards are met:
(a) The structure existed on the date the structure setbacks were established;
(b) 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;
(c) 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
(d) The deck is constructed primarily of wood, and is not roofed or screened.
(O) Sewage treatment.
(1) Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows.
(a) The city sewer system must be used where available.
(b) All private sewage treatment systems must meet or exceed the State Pollution Control Agency’s standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which is hereby adopted by reference and declared to be a part of this chapter.
(2) (a) A sewage treatment system not meeting the requirements of divisions (O)(1)(a) and (O)(1)(b) above must be upgraded, when 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 be considered conforming if the only deficiency is the setback from the ordinary high water level.
(b) Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.201, 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 insufficient separation from ground water shall be considered non-conforming.
(P) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency.
(Q) Subdivision provisions.
(1) Land suitability. Each lot created through subdivision, including planned unit developments (PUD) must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites or any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. Information required as part of the subdivision process (as detailed in Ch. 161 of this code of ordinances) will be used to make a determination of land suitability.
(2) Consistency with other controls. In areas not served by publicly-owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and sewage treatment consistent with all other sections of this subdivision can be provided for on every lot. In unsewered areas, each lot shall meet the minimum lot size requirements of that district, and have at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
(3) Information requirements. Sufficient information must be submitted by the applicant to make a determination of land suitability. The information shall include at least the following:
(a) Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics;
(b) The surface water features required in M.S. § 505.021, as it may be amended from time to time, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;
(c) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests or other methods;
(d) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities;
(e) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
(f) Lines or contours representing the ordinary high water level, the “toe” and the “top” of bluffs and the minimum building setback distances from the top of the bluff and the lake or stream.
(R) Planned unit developments (PUDs).
(1) Planned unit developments (PUDs) are allowed in the S-2 shoreland area for new projects on undeveloped land and redevelopment of previously built sites.
(2) PUDs must be processed according to § 162.071 of this chapter.
(3) PUDs may utilize a tier system to allow for additional density within the shoreland area, as based on the following:
(a) Shoreland tier dimensions (measured from the ordinary high water level proceeding landward):
Unsewered (feet) | Sewered (feet) | |
Brewery Creek | 300 | 300 |
Pool 4 - first tiers | 200 | 200 |
Pool 4 - all other tiers | 267 | 200 |
(b) The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites.
(4) (a) The base density for residential uses in the S-2 Zone is indicated in § 162.071(F)(2)(c) of this chapter.
(b) Commercial uses may be incorporated into a PUD as long as all zoning layers allow and be included within the density transfer process. For the purpose of determining density of a commercial use:
1. Determine the average residential dwelling unit square footage (interior living space) within the PUD project; and
2. Apply this to the proposed commercial unit, with each one dwelling unit amount of square footage in the proposed commercial use being equivalent to one dwelling unit.
(c) Allowable densities may be transferred from any tier to any other tier further from the waterbody within the same zoning district, but must not be transferred to any other tier closer to the water.
(d) Increases to the site base densities listed in division (F)(2)(c) above are allowable only if the dimensional standards in division (F)(2)(b) above, the general requirements stated herein are met, and the structure setbacks from the ordinary high water levels is increased by 50% greater than minimum setback or the impact on the waterbody is reduced through vegetative management, topography or other means and the setback is at least 25% more than otherwise minimum. Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs:
Maximum Density Increase by Tier (percent)
| |
First | 50 |
Second | 100 |
Third | 200 |
Fourth | 200 |
Fifth | 200 |
(5) Existing resorts or other land uses and facilities may be converted to residential common interest communities through the city platting process, as outlined in Ch. 161 of this code of ordinances.
(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)