(A) Purpose. The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the county by carefully controlling development of this river corridor consistent with the state’s Wild and Scenic River Act and Minn. Regulations NR 78-81.
(B) Designation of district.
(1) In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the county has been given a recreational river classification and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan, NR 2400.
(2)
The boundaries of the Mississippi River Recreation Land Use District is shown on the county’s zoning map which is made part of this chapter.
(C) Permitted uses.
(1) Governmental campgrounds;
(2) Public accesses, road access type with boat launching facilities;
(3) Public accesses and trail access type;
(4) Other governmental open space recreational uses;
(5) Agricultural uses;
(6) Single-family residential uses;
(7) Forestry uses;
(8) Essential services;
(9) Private roads and minor public streets;
(10) Signs approved by federal, state or local government which are necessary for public health and safety and signs indicating areas that are available or not available for public use; and
(11) Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads.
(D) Conditional uses.
(1) Private campgrounds, subject to management plan specifications, NR-2400;
(2) Other private open space recreational uses;
(3) Underground mining that does not involve surface excavation in the land use district;
(4) Utility transmission power lines and pipelines;
(5) Public roads; and
(6) Residential subdivision subject to management plan specification NR-2400 and the county’s land use plan.
(E) Performance standards.
(1) Lot area regulations.
(a) The minimum lot size shall be two acres;
(b) Lot width at building line: 200 feet; and
(c) Lot width at ordinary high water mark: 200 feet.
(2) Setback requirements. (Also apply to tributaries designated in NR 24000.) Building setbacks:
(a) From ordinary high water mark: 100 feet;
(b) From bluffline: 30 feet;
(c) From side yard: 30 feet for principal use and accessory uses over 800 square feet;
(d) Other accessory uses: ten feet;
(e) From roads: county or state highway130 feet from centerline;
(f) Township or other road: 65 feet from centerline;
(g) From rear yard (non-riparian): 50 feet;
(3) General setbacks and standards:
(a) On-site sewage treatment system setback from ordinary high water mark: 75 feet;
(b) Maximum structure height: 35;
(c) Controlled vegetative cutting area setback from ordinary high water mark: 100 feet.
(d) No structure shall be placed on any slope greater than 13% (13 feet vertical rise in 100 feet horizontal distance) unless such structure can be screened and sewage disposal system facilities can be installed.
(e) No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the Floodplain District of this chapter.
(f) For substandard lots of record, setback standards may be reduced to coincide with the Urban/Rural Transition (R-1) District (§ 155.049(F)(7) of this chapter).
(4) Substandard lots. Lots of record in the office of the County Recorder on the effective day of enactment of this chapter which do not meet the dimensional requirements of this chapter shall be allowed as building sites, provided: such use is permitted in the land use district(s); the lot was in separate ownership on the date of enactment of this chapter; all sanitary and dimensional requirements are complied with, as practicable; and the lot is at least 20,000 square feet in area.
(5) Vegetative cutting.
(a) Within the controlled vegetative cutting areas, clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
(b) Selective cutting of trees in excess of four inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous tree cover is maintained.
(c) The above cutting provisions shall not be deemed to prevent:
1. The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards; and
2. Pruning understory vegetation, shrubs, plants, bushes, grasses or from harvesting crops or cutting suppressed trees or trees less than four inches in diameter at breast height.
(6) Clear cutting. Clear cutting anywhere in the designated land use district on the Mississippi River is subject to the following standards and criteria.
(a) Clear cutting shall not be used as a cutting method where soil, slope or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation.
(b) Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.
(c) The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.
(d) Where feasible all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring.
(7) Grading, filling, alterations of beds of public waters. Any grading and filling work done shall require a permit and shall comply with the following.
(a) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted.
(b) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority.
(c) Grading and filling of the natural topography which is accessory to permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion, tree clearing and the destruction of natural amenities.
(d) Grading and filling of the natural topography shall also met the following standards.
1. The smallest amount of bare ground is exposed for as short a time as feasible.
2. Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.
3. Methods to prevent erosion and to trap sediment are employed.
4. Fill is established to accepted engineering standards.
(8) Utility transmission lines. All utility transmission crossings of land within the Mississippi River land use district(s) shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of the Minn. Regulations NR 79(i)(2).
(9) Public roads. In addition to such permits as may be required by M.S. §§103G.301 through 130G.315, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of new public roads within the Minnesota River land use district(s). Such construction or reconstruction shall be subject to the standards and criteria of Minn. Regulations NR 79(j)(2). A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties.
(10) Land suitability. No land shall be subdivided which is determined by the governing body, or the Commissioner, to be unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(11) Planned cluster development. A planned cluster development may be allowed subject to the requirements of § 155.059 of this chapter only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this chapter for planned cluster developments; provided:
(a) Preliminary plans are approved by the Commissioner prior to their enactment by the governing body.
(b) Central sewage facilities are installed which meet the standards, criteria, rules or regulations of the state’s Department of Health and the Pollution Control Agency.
(c) Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements or other methods.
(d) There is not more than one centralized boat launching facility for each cluster.
(F) Notification of proposed zoning amendments, variances and inconsistent plats.
(1) The Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of any application for a zoning amendment including proposed changes to district lines, variances and plats which are inconsistent with the local land use ordinance for certification. A copy of the notice of any public hearing, or where a public hearing is not required, a copy of the application for zoning amendment, variances and inconsistent plats shall be sent so as to be received by the Commissioner at least 30 days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed inconsistent plat or a description of the requested variances.
(2) The county shall notify the Commissioner of its final decision on the proposed action within ten days of the decision.
(3) The action becomes effective when and only when either:
(a) The final decision taken by the county has previously received certification of approval from the Commissioner;
(b) The county receives certification of approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the county has received from the Commissioner neither certification of approval nor notice of non-approval; or
(d) The Commissioner certifies his or her approval within 30 days after conducting a public hearing.
(4) In case the Commissioner gives notice of non-approval of an ordinance, variance or inconsistent plat, either the applicant or Zoning Administrator may, within 30 days of said notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of non-approval becomes final.
(a) The hearing will be held within 60 days of the demand and after at least two weeks published notice.
(b) The hearing will be conducted in accordance with M.S. § 103G.311, as they may be amended from time to time.
(c) The Commissioner shall either certify his or her approval or disapproval of the proposed action within 30 days of the hearing.
(Ord. 16-2, passed ---; Ord. 18-4, passed 6-19-2018)