(A) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this subchapter for the lake and river/stream classifications are the following:
(1) Unsewered lakes.
General development.
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
(2) Sewered lakes.
General development.
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
(3) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the stream classifications are:
Tributary
No sewer Sewer
Single 100 75
Duplex 150 115
Triplex 200 150
Quad 250 190
(4) Additional special provisions.
(a) Residential subdivisions with dwelling unit densities exceeding those in the tables in divisions (2) and (3) above can only be allowed if designed and approved as residential planned unit developments under § 155.148. 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 sewer lot area dimensions in division (A)(2) above can only be used if publicly owned sewer system service is available to the property.
(b) One guest cottage may be allowed on lots meeting or exceeding the duplex area and width dimensions presented in divisions (A)(1) through (3) above, provided the following standards are met:
1. For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;
2. A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and
3. A guest 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.
(c) Lots intended as controlled access to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:
1. They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.
2. 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:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase
to shore length in frontage
(acres/mile) (percent)
Less than 100 25
100-200 20
201-300 15
301-400 10
Greater than 400 5
3. They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights in the access lot; and
4. 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 nonsignificant 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.
(B) 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 or in a bluff impact zone. Structures shall be located as follows.
(a) Structure and on-site sewage system setbacks.
Structure and on-site Sewage System Setbacks (in feet) from Ordinary High Water Level*
Setbacks*
Classes of Structures Sewage Treatment
Public Waters Unsewered Sewered System
Lakes
General Development 75 50 50
Rivers
Tributary 100 50 75
*One water-oriented accessory structure designed in accordance with division (B)(2) below of this section may be set back a minimum distance of ten feet from the ordinary high water level.
(b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:
Setback From Setback (in feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of 50
federal, state, or county
highway; and
Right-of-way line of town 20
road, public street, or other
roads or streets not classified
(c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(d) 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.
(2) Design criteria for structures.
(a) High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:
1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
2. For rivers and streams, 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. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
3. 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.
(b) Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in division (B)(1) above of this section if this water-oriented accessory structure complies with the following provisions:
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 least 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, with the exception of “L” - Lakeshore zoned properties, must not contain water supply or sewage treatment facilities; and
6. As an alternative for general development and recreational 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.
(c) 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 design requirements:
1. 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;
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, public open-space recreational properties, and planned unit developments;
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 handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of divisions (B)(2)(c)1. through 5. above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.
(d) 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.
(e) Steep slopes. 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.
(3) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 30 feet in height.
(C) 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 division (D) below of this section are exempt from the vegetation alteration standards that follow.
(b) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in divisions (F)(2) and (3) below, respectively, 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 forest land 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, 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, together with patios, walks and other impervious surfaces provided that the plans submitted for said construction identify all such areas; 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 section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
(b) Public roads and parking areas are regulated by division (D) of this section.
(c) Notwithstanding divisions (C)(2)(a) and (b) above, a grading and filling permit or a permit to alter or add impervious area will be required for:
1. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
3. The alteration or addition of more than ten square feet of impervious area in any single calendar year, or the cumulative alteration or addition of more than 50 square feet of impervious area.
(d) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional 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*:
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.
*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 Minnesota Department of Natural Resources, or the United States Army Corps of Engineer. The applicant will be so advised.
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. Fill or excavated material must not be placed in bluff impact zones;
9. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245;
10. 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; and
11. 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 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.
(e) Connections to public waters. 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.
(D) Placement and design of roads, driveways, and parking areas.
(1) 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) 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.
(3) 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 subchapter are met. For private facilities, the grading and filling provisions of division (C)(2) above must be met.
(E) Stormwater management. The following general and specific standards shall apply:
(1) General standards.
(a) When possible, existing natural drainageways, 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.
(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 man-made materials and facilities.
(2) Specific standards.
(a) All development occurring on land not platted prior to March 13, 1995 and lots or parcels greater than one acre in size shall not exceed an impervious surface lot coverage of 25% for all such properties in the Shoreland Overlay District. (Shown as SO zones on the official zoning map.)
(b) The maximum impervious surface coverage for lots within subdivisions platted prior to March 13, 1995 and lots or parcels less than one acre in size shall not exceed 35%, except as follows:
1. The Downtown Business District, which is encompassed by the Shoreland Overlay District is defined as follows: The northwest 136 feet of Block 8; the northwest 136 feet of the northeast half of Block 9; the northeast half of Block 12; all of Block 13; the southwest half of Block 17; and all of Block 18; all in the plat of Worthington. (Shown as SO-1 on the official zoning map.)
a. The maximum impervious surface lot coverage for downtown commercial lots located within SO-1 shall be 75%. New or expanding commercial businesses in the downtown area that exceed or would propose to exceed the 75% impervious surface lot coverage shall be required to develop a stormwater management plan for the lot. Best management practices which can be used on a small area include:
i. Directing surface runoff through grassed or vegetated areas to filter out sediments.
ii. The construction of stormwater catch basins within parking lots. The size of the catch basin would be capable of holding runoff from a two-year storm event for 24 hours.
iii. Incorporation of a maintenance plan for stormwater control structures.
b. An alternative to the individual management plans would be the development of a comprehensive drainage plan for the downtown area.
c. Individual stormwater management plans or a comprehensive plan for the downtown area shall be approved by the City Engineer and the Minnesota Department of Natural Resources prior to the issuance of a building permit.
2. The maximum impervious surface coverage for lots located within the Olsen, Plat of Worthington (Original Townsite), Park and Turner Subdivisions (shown as SO-2 on the official zoning map) shall not exceed 40%.
3. Within the Shoreland Overlay District (except the downtown business district and those areas of Turners, Park, Olsen, and the Original Townsite previously identified, shown as SO-1 and SO-2 on the official zoning map) lots less than 7,500 square feet in size shall be allowed an impervious surface lot coverage of 35%, or up to 2,000 square feet of impervious surface area, whichever is greater, but in no case shall the impervious area be allowed to exceed 50% of the lot or parcel in question.
4. Any parcel subject to the 25% or 35% maximum impervious surface lot coverage may, through the design and implementation of an appropriate stormwater management plan for the parcel, have a maximum of 40% impervious lot coverage.
a. Best management which can be used on a small area include:
i. Directing surface runoff through grassed or vegetated areas to filter out sediments.
ii. The construction of stormwater catch basins. The size of the catch basin would be capable of holding runoff from a two year storm event for 24 hours.
iii. Incorporation of a maintenance plan for stormwater control structures.
b. Stormwater management plans shall be approved by the City Engineer and the Minnesota Department of Natural Resources prior to the issuance of a building permit.
(c) 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.
(d) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(F) Special provisions for commercial, industrial, public/semipublic, agricultural, forestry and extractive uses and mining of metallic minerals and peat.
(1) Standards for commercial, industrial, public, and semipublic uses.
(a) Surface water-oriented commercial uses and industrial, public, or semipublic 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 subchapter, 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. 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; and
c. 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. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff 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.
(3) Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.
(4) Extractive use standards.
(a) 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.
(b) Setbacks for processing machinery. Process machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
(G) Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established
community-wide. The following additional evaluation criteria and 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 safely accommodate these watercraft.
(2) Conditions attached to conditional use permits. The City Council, upon consideration of the criteria listed above and the purposes of this subchapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this subchapter. Such 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.
(H) Water supply and sewage treatment.
(1) Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota 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.
(b) All private sewage treatment systems must meet or exceed the Minnesota 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 subchapter.
(c) On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in division (B)(1) of this section.
(d) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in divisions 1. through 4. below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria:
1. Depth to the highest known or calculated ground water table or bedrock;
2. Soil conditions, properties, and permeability;
3. Slope;
4. The existence of lowlands, local surface depressions, and rock outcrops.
(e) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with § 155.146(C) of this subchapter.
(Ord. 808, passed 3-13-95; Am. Ord. 833, passed 5-12-97; Am. Ord. 1135, passed 4-22-19)