(A) For all properties that contain or are contained within a bluff impact zone, all development, construction and alterations to topography and vegetation shall be conducted in a manner as to prevent bluff erosion and preserve existing scenic values, water and soil qualities.
(B) For this purpose, the following standards shall apply.
(1) New structures and accessory facilities (with the exception of stairways, lifts and landings) shall not be placed within bluff impact zones.
(2) Pre-existing structures located within a bluff impact zone may be reconstructed, if damaged by fire, weather or other force of nature or act of God; provided, the damage is less than 50% of the fair market value of the damaged structure.
(3) Setback from the top and toe of bluff to any structure in any district shall be no less than 20 feet.
(4) No person shall begin a new mining or quarrying activity within 300 feet of the toe or top of a bluff.
(5) No towers, with the exception of emergency towers, shall be located within one-quarter mile of the bluff impact zone.
(6) Stairways and lifts may be allowed to access up and down bluffs and steep slopes to shore areas or plains. All stairways and lifts on bluffs and in shoreland areas shall be visually inconspicuous and meet the following design requirements.
(a) Stairways and lifts shall 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 shall 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 shall be built in a manner that ensures control of soil erosion.
(e) Stairways, lifts and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water and lower areas, 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 and lower areas; provided that, the dimensional and performance standards of divisions (B)(1) through (B)(5) above are complied with in addition to the requirements of Minn. Regs. Ch. 1340.
(7) No grading, excavating or filling is allowed within the bluff impact zones, except for approved erosion control measures. Erosion control projects within the bluff impact zone shall comply with divisions (B)(7)(a) and (B)(7)(b) below.
(a) Altered areas shall be stabilized to acceptable erosion control standards consistent with best management practices as described in the state’s Storm Water Manual.
(b) Plans to place fill or excavated materials in bluff impact zones shall be prepared by a licensed professional engineer for continued slope stability, and approved by the City Engineer. All costs to be borne by the applicant.
(8) The top or toe of bluffs shall be determined by the Planning Administrator or designee and the applicant may be required to have a registered land surveyor determine the location.
(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999