§ 153.122 CLASSIFICATION AND LAND USE DISTRICTS.

   (A)   Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in Minn. Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota.

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

      (2)   Lakes.

 

	Protected Waters Inventory I.D. #
(a)   Natural Environment Lakes
Carrigan Lake    Unnamed	#86-97 #86-105
(b)   Recreational Development Lakes
Little Waverly Lake	#86-106
(c)   General Development Lakes
Waverly Lake	#86-114

 

      (3)   Rivers and streams. All protected watercourses in the city shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference and shall be considered “Tributary.”

   (B)   Land use district descriptions.

      (1)   Criteria for designation. The land use districts in division (B)(2), and the delineation of a land use district’s boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan (when available) 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 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.

      (2)   Land use district descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the official zoning map for the shorelands of this community. These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3:

         (a)   Land use districts for lakes.

Land Use Districts for Lakes
	General Development Lakes (GD)	Recreational Development Lakes (RD)	Natural Environment Lakes (NE)
Special Protection District - Uses
Forest management	P	P	P
Sensitive resources management	P	P	P
Agricultural: crop and pasture	P	P	P
Agricultural: feedlots	C	C	C
Parks and historic sites	C	C	C
Extractive use	C	C	C
Single residential	C	C	C
Mining of metallic minerals and peat	P	P	P
Residential Districts - Uses
Single residential	P	P	P
Semipublic	C	C	C
Parks and historic sites	C	C	C
Extractive use	C	C	C
Duplex, triplex, quad residential	P	P	C
Forest management	P	P	P
Mining of metallic minerals and peat	P	P	P
High Density Residential Districts - Uses
Residential planned unit developments	C	C	C
Single residential	P	P	P
Surface water oriented commercial*	C	C	C
Semipublic	C	C	C
Parks and historic sites	C	C	C
Duplex, triplex, quad residential	P	P	P
Forest management	P	P	P
Water Oriented Commercial Districts - Uses
Surface water - oriented commercial	P	P	C
Commercial planned unit development**	C	C	C
Public, semipublic	C	C	C
Parks and historic sites	C	C	C
Forest management	P	P	P
General Use Districts - Uses
Commercial	P	P	C
Commercial planned unit development**	C	C	C
Industrial	C	C	N
Public, semipublic	P	P	C
Extractive use	C	C	C
Parks and historic sites	C	C	C
*    As accessory to a residential planned unit development.
**   Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of this subchapter are satisfied.
Notes to Table:
P - Permitted
C - Conditional Use
N - Not Permitted
* - Any principal land use not listed shall be prohibited. This includes guest cottages, campgrounds and recreational vehicle campgrounds.

 

         (b)   Land use districts for rivers and streams.

Land Use Districts for Rivers and Streams
	Tributary
Special Protection District - Uses
Forest management	P
Sensitive resources management	P
Agricultural: crop and pasture	P
Agricultural: feedlots	C
Parks and historic sites	C
Extractive use	C
Single residential	C
Mining of metallic minerals and peat	P
Residential Districts - Uses
Single residential	P
Semipublic	P
Parks and historic sites	P
Extractive use	C
Duplex, triplex, quad residential	C
Forest management	P
Mining of metallic minerals and peat	P
High Density Residential Districts - Uses
Residential planned unit developments	C
Single residential	P
Surface water oriented commercial*	C
Semipublic	C
Parks and historic sites	C
Duplex, triplex, quad residential	P
Forest management	P
Water Oriented Commercial Districts - Uses
Surface water-oriented commercial	C
Commercial planned unit development**	C
Public, semipublic	P
Parks and historic sites	C
Forest management	P
Mining of metallic minerals and peat	P
*   As accessory to a residential planned unit development
**   Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of this subchapter are satisfied.
NOTES TO TABLE:
P - Permitted
C - Conditional Use
N - Not permitted
* - Any principal land use not listed shall be prohibited. This includes guest cottages, campgrounds and recreational vehicle campgrounds.

 

      (3)   Use and upgrading of inconsistent land use districts.

         (a)   The land use districts adopted in Chapter 153, as they apply to shoreland areas, and their delineated boundaries on the official zoning map, are not consistent with the land use district designation criteria specified in division (B)(2) herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the official zoning map or to modify the boundary of an existing land use district shown on the official zoning map.

         (b)   When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply:

            1.   Lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this subchapter on said lake must be revised to make them substantially compatible with the framework in divisions (B)(1) and (2) of this section.

            2.   Rivers and streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same classification within the jurisdiction of this subchapter must be revised to make them substantially compatible with the framework in divisions (B)(1) and (2). If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised.

         (c)   When an interpretation question arises about whether a specific land use fits within a given “use” category, the interpretation shall be made by the Board of Adjustment. When a question arises as to whether a land use district’s boundaries are properly delineated on the official zoning map, this decision shall be made by the City Council.

         (d)   When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The City Council will direct the City Engineer (designated official) to provided such additional information for this waterbody as is necessary to satisfy divisions (B)(3)(a) and (b).

         (e)   The City Council must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of division (B).

      (4)   Land use overlay districts.

         (a)   The land use districts, as described herein, shall be overlay districts as shown on the official city zoning map.

         (b)   Any use shall be regulated by both the base zone and the shoreland overlay district with the most restrictive regulation required for use, setback, height, site coverage, density and any other applicable regulation or requirement.

         (c)   Land use districts in the shoreland area shall be in conformance with the criteria specified in Minn. Rules Part 6120.3200(3), as it may be amended from time to time.

         (d)   District boundaries for the shoreland overly districts shall be as shown on the official zoning map of the city.

         (e)   Conditional use permits shall be processed by the city, as provided by this subchapter and § 153.221.

         (f)   Any approved use of a shoreland area in existence prior to the effective date of this amendment which was permitted by the previous ordinance requirements but which does not meet current ordinance requirements shall be declared to be a nonconforming use. Nonconforming uses, except substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be permitted.

(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00; Am. Ord. 04-01, passed 8-10-04)