(A) The following general standards shall be followed in all shoreland districts:
(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 vegetations, 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.
(B) The following specific standards and setback requirements shall be followed in all shoreland districts.
(1) Lot area and width shall be the same as standards of underlying districts; however, residential lot areas (in square feet) and widths (in feet) shall meet the following minimum standards:
Table 8-1: General Development Lake
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Single, sewered | 15,000 | 75 | 10,000 | 75 |
Duplex, sewered | 26,000 | 135 | 17,500 | 135 |
Triplex, sewered | 38,000 | 195 | 25,000 | 190 |
Quad, sewered | 49,000 | 255 | 32,500 | 245 |
Single, unsewered | 20,000 | 100 | 40,000 | 150 |
Duplex, unsewered | 40,000 | 180 | 80,000 | 265 |
Triplex, unsewered | 60,000 | 260 | 120,000 | 375 |
Quad, unsewered | 80,000 | 340 | 160,000 | 490 |
Table 8-2: Natural Environment Lake
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Single, sewered | 40,000 | 125 | 20,000 | 125 |
Duplex, sewered | 70,000 | 225 | 35,000 | 220 |
Triplex, sewered | 100,000 | 325 | 52,000 | 315 |
Quad, sewered | 130,000 | 425 | 65,000 | 410 |
Single, unsewered | 80,000 | 200 | 80,000 | 200 |
Duplex, unsewered | 120,000 | 300 | 160,000 | 400 |
Triplex, unsewered | 160,000 | 400 | 240,000 | 600 |
Quad, unsewered | 200,000 | 500 | 320,000 | 800 |
(2) Residential subdivisions with dwelling unit densities exceeding those in this table can only be allowed if designed and approved as residential planned unit developments under §§ 154.085 through 154.092. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewered lot area dimensions can only be used if publicly owned sewer system service is available to the property.
(3) On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also meet the following standards:
(a) Each building must be set back at least 200 feet from the ordinary high water level;
(b) Each building must have common sewage treatment and water systems that serve all dwelling units in the building;
(c) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
(d) No more than 25% of a lake’s shoreline can be in duplex, triplex, or quad developments.
(4) Impervious surface coverage of lots must not exceed 25% of the lot area.
(5) One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented above, provided that the lot exceeds the minimum lot dimensions of a duplex lot and that both the principal building and guest cottage are located within the smallest duplex-sized lot that could be created; the cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and, the cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
(6) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible, subject to the following minimum standards:
(a) Lots must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; except, riparian lots located across the street from non- riparian lots owned by the same party or parties will be allowed controlled access to the public waters;
(b) If docking, mooring or over-water storage of more than six watercraft is to be conducted at a controlled access lot, then the width of the lot shall be increased by 25% for each watercraft beyond six;
(c) 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
(d) Covenants or other equally effective legal instruments must be developed that specify that 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, such as 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 public water, assuming summer, leaf-on conditions.
(7) Setback of structures from the ordinary high water level:
(a) General development lakes, sewered - 50 feet.
(b) Natural environment lakes, sewered - 150 feet.
(c) General development lakes, unsewered - 75 feet.
(d) Natural environment lakes, unsewered - 150 feet.
(e) Sewage treatment system - 75 feet.
(8) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on abutting 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.
(9) Additional structure setbacks:
(a) From top of bluff - 30 feet.
(b) From unplatted cemetery - 50 feet.
(c) From federal, state or county highway right-of-way line - 50 feet.
(d) From town road or city street right-of-way line - 20 feet.
(10) Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(11) Commercial, industrial, public and semi-public 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.
(12) The lowest floor must be placed at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher, except as otherwise provided in this section.
(a) Water-oriented structures may have the lowest floor placed lower than the elevation specified herein 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.
(b) On lots in the Pondview of Waseca subdivision, the lowest floor must be placed at least one foot above the highest known water level of 1131.183 feet (1131.183 NGVD88).
(13) Each lot may have one water-oriented accessory structure set back a minimum of ten feet from the ordinary high water level, provided that:
(a) The structure not exceed ten feet in height, exclusive of safety rails;
(b) The structure not occupy an area greater than 250 square feet, with the exception of structures used solely for watercraft storage, which may not occupy an area greater than 400 square feet nor be more than 20 feet wide;
(c) Detached decks not exceed eight feet above grade at any point;
(d) The structure must be treated to reduce visibility from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(e) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; and
(f) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(14) Stairways, lifts and landings.
(a) Residential lots:
1. Maximum width of stairways and lifts, four feet.
2. Maximum area, landings and lifts, 32 square feet.
(b) All lots.
1. No canopies or roofs over stairways, lifts and landings;
2. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from public water, assuming summer, leaf-on conditions, whenever practical.
3. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are allowed for achieving access to shore areas, provided that the dimensional and performance standards of division (14)(a) above are complied with in addition to the requirements of Minn. Regulations Ch. 1340.
(15) No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
(16) 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 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.
(17) All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21)