HomeMy WebLinkAboutCity Council Ordinance 1994-10CITY OF PLYMOUTH
ORDINANCE NO. 94-10
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING THE
STANDARDS OF THE SHORELAND MANAGEMENT OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 4, Subdivision B (Definitions) shall be amended by revising the
definitions of Bluff, Toe; Bluff, Top; Public Waters; Shoreland; and Wetland, to read
as follows:
Bluff, Toe --The toe of a bluff is the point on a bluff where there is, as visually
observed, a clearly identifiable break in the slope, from gentler to steeper slope above.
Where no break in the slope is apparent, the toe of a bluff shall be defined as the lower
point of a 50 -foot segment of a bluff where the average slope of the segment exceeds
18 percent.
Bluff, Top --The top of a bluff is the point on a bluff where there is, as visually
observed, a clearly identifiable break in the slope, from steeper to gentler slope above.
Where no break in the slope is apparent, the top of a bluff shall be defined as the upper
point of a 50 -foot segment of a bluff where the average slope of the segment exceeds
18 percent.
Public Waters --Waters which are defined in Minnesota Statutes Section 103G.005,
Subdivisions 15 and 16; for purposes of the Shoreland Management Overlay District,
this means lakes, ponds, and flowages of more than 10 acres and streams, creeks, and
water courses having a total drainage area of 2 square miles or more. This does not
mean a body of water created by a private user, where there was no previous
shoreland, as defined by the Department of Natural Resources, for a designated private
use allowed by this Ordinance and authorized by the Department of Natural Resources.
The official determination of the size and physical limits of lakes, ponds, or flowages
shall be made by the Commissioner of the Department of Natural Resources pursuant
to State statutes.
Shoreland--Land located within the following distances from the public waters defined
and classified in this Ordinance: 1,000 feet from the Ordinary High Water Level of
the lakes, and 300 feet from the tributary streams, or the landward extent of a flood
plain on a tributary stream as designated by this Ordinance, whichever is greater. The
limits of shorelands may be reduced pursuant to state regulations and this Ordinance.
Wetland --A surface water feature classified as a wetland in the U.S. Fish and Wildlife
Service Circular No. 39 (1971 edition).
Section 2. Section 6, Subdivision B is hereby amended to read as follows
SUBDIVISION B SHORELAND MANAGEMENT OVERLAY DISTRICT
1. Purpose
The legislature of the State of Minnesota has, in Minnesota Statutes 103F.221, directed that
municipalities with shorelands adopt regulations which comply with State Standards for
Municipal Shoreland Management. Pursuant to the same statute, the Commissioner of the
Department of Natural Resources has adopted, in Minn. Reg., Parts 6120.2500-6120.3900,
Standards for The Management of Shoreland Areas which set forth the minimum requirements
for the subdivision, use, and development of the shorelands of public waters. This subdivision
of the Plymouth Zoning Ordinance is responsive to the cited legislative mandate as
administered by the Commissioner of the Minnesota Department of Natural Resources.
2. Intent
The regulations contained in this Subdivision are intended to guide and govern the wise
development of shoreland of public waters, thus preserving and enhancing the quality of
surface waters, preserving the economic and natural environmental values of shorelands, and
providing for the wise utilization of water and related land resources in the City. It is the
intent of this Subdivision to implement the goals and objectives of the Comprehensive Plan
with respect to the identified shoreland areas. The regulations contained within this
Subdivision establishing this overlay district are intended to manage areas suitable for
development of varying types as allowed in the underlying zoning district. It is the intent that
this Subdivision be administered in conjunction with the adopted land use regulations and
requirements of this Ordinance and of other ordinances, codes, and policies.
3. General Provisions
a. Lands to which Subdivision Applies and Classification of Public Waters.
(1) This Subdivision shall apply to all lands within the jurisdiction of the
City of Plymouth and which are located within the shoreland areas of
those public waters which have been defined and classified by the
Commissioner of the Department of Natural Resources pursuant to
Minnesota Statutes and State Regulations, and which are shown on the
Shoreland Management Map which shall be considered a part of the
Official Zoning Map and this Ordinance.
(2) The following public waters have been classified for purposes of this
Ordinance by the Commissioner of the Department of Natural
Resources; the lakes include: Pike, Bass, Mud, Pomerleau, Schmidt,
Lost, Turtle, Medicine, Parkers, Kreatz, Snyder, Mooney, Hadley,
Gleason, and Cavanaugh; and, the tributary streams include: Elm
Creek, Bass Creek, Plymouth Creek and these unnamed tributaries:
from Section 7 to Section 5 in the vicinity of Eagle and Pike Lakes;
and from Basin 583 in Section 13 to the municipal boundary in Section
13.
(3) The defined shorelands of these public waters are those governed by
this Subdivision. These public waters have been classified by the
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Commissioner of the Department of Natural Resources pursuant to
Minnesota Statutes and Minn. Reg. Parts 6120.2500-6120.3900 as
follows:
(a) General Development (GD) The following lakes: Bass (98P),
Lost (103P), and Medicine (104P).
(b) Recreational Development (RD) The following lakes: Gleason
(95P), Hadley (109P), Kreatz (108P), Snyder (468P), Mooney
(134P), Parkers (107P), Pike (111P), Schmidt (102P), Turtle
(101P), and Cavanaugh (110P).
(c) Natural Environment (NE) The following lakes: Mud (99P)
and Pomerleau (100P).
(d) Tributary Streams (TS) -- The following creeks: Bass Creek
(from Basin 98 in Section 2 to Basin 571 in Section 1 and from
Basin 599 in Section 8 to Basin 98 in Section 11); Elm Creek
(from Section 7 to Section 5); Plymouth Creek (from Section
17 to Basin 104 in Section 26); and these unnamed tributaries;
from Section 7 to Section 5 in the vicinity of Eagle and Pike
Lakes; and from Basin 583 in Section 13 to the municipal
boundary in Section 13.
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TABLE 1
CLASSIFICATION OF LAKES
Lake Name
DNR I.D. No. and Class
Location(Section)
O.H.W.L. in feet)
Bass
98P / GD
2,11
906.1
Cavanaugh
110P / RD
34
954
Gleason
95P / RD
5,32
943.4
Hadley
109P / RD
31
961.4
Kreatz
108P / RD
29,30
972.3
Lost
103P / GD
13
939.8
Medicine
104P / GD
14,23-26
-° 889.1
Mooney
134P / RD
30,25
988
Mud
99P / NE
3,4
967-967.5
Parkers
107P / RD
28,33
934.3
Pike
111P / RD
1,2
874.2
Pomerleau
100P / NE
4,9
937
Schmidt
102P / RD
11
924.3
Snyder
468P / RD
30
977 est.
Turtle
1011' / RD
9, 16
963.8 (No.)
963.2 So.
NOTE: Refer to text and to Shoreland Management Area Map for Details
GD—General Development RD—Recreational Development NE—Natural Environment
O.H.W.L.—Ordinary High Water Level
TABLE 2
NAMES AND LOCATIONS OF TRIBUTARY STREAMS (TS)
Tributary Name (Common/Official)
Location (Sections)
Bass Creek / same
1, 2, 4, 5, 8, 9, 10, 11
Elm Creek / same
5, 6, 7
Pike Creek / unnamed
2
Plymouth Creek / same
16, 17, 21, 22, 26, 27
Lost Creek / unnamed
13
NOTE: Refer to text and to Shoreland Management Area Map for Details
b. 1erpret lion of District Boundaries
(1) The boundaries of the Shoreland Management Overlay District shall be
the shorelands as defined in this Ordinance.
(2) The practical limits of shoreland may be less than the statutory limits
as set forth in this Ordinance whenever the waters involved are
bounded by topographic devices which extend landward from the
waters for lesser distances and when approved in writing by the
Commissioner of the Department of Natural Resources.
(3) When interpretation is needed as to the exact location of the boundaries
of the Shoreland Management District on the official Zoning Map,
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where, for example, there appears to be a conflict between a mapped
boundary and actual field conditions, the City Engineer shall make the
initial interpretation based upon surveys, plans, and other engineering
data provided by the person seeking an interpretation; and, based upon
the plans and other data available to the City including the City's
adopted Comprehensive Storm Water Drainage Plan. The initial
interpretation of the City Engineer shall be referred to the
Commissioner of the Department of Natural Resources who shall make
a final determination pursuant to State law and regulations.
4. General Densitv and Desien Standards
The following standards shall apply to all developments and subdivisions within the designated
shoreland areas in the City. Where specific minimum standards are not given in this
subdivision, the minimum standards for the appropriate underlying Zoning District as set forth
elsewhere in this Ordinance shall apply.
a. Minimum Lot Size. All lots intended as residential building sites, which are
platted or created by metes and bounds description after the date of enactment
of this subdivision shall conform to the following dimensions within the
designated classifications:
(1) Natural Environment Lakes: Lots which are not served by municipal
sanitary sewer and which are abutting a public water, shall have a
minimum 200 feet in width at the Ordinary High Water Level. Lots
which are served by municipal sanitary sewer, and which abut a public
water shall have a minimum area of 40,000 sq, ft., and shall have a
minimum width- of 125 feet at the building line and at the Ordinary
High Water Level. All other lots which are served by municipal
sanitary sewer, but which do not abut the public water shall have a
minimum area of 20,000 sq. ft. and shall have a minimum width of
125 feet at the building line.
(2) Recreational Development Lakes: Lots which are not served by
municipal sanitary sewer and which are abutting the public water, shall
have a minimum 150 feet in width at the Ordinary High Level. Lots
which are served by municipal sanitary sewer and which abut the
public water shall have a minimum area of 20,000 sq. ft. and a
minimum width of 110 feet at the building line and a minimum width
of 75 feet at the Ordinary High Water Level.
(3) General Development Lakes: Lots which are not served by municipal
sanitary sewer and which are abutting the public water, shall have a
minimum of 100 feet in width at the Ordinary High Water Level. Lots
which are served by municipal sanitary sewer and which abut the
public water, shall have a minimum width of 75 feet at the Ordinary
High Water Level.
(4) Exce tions: Exceptions to the lot area and width requirements set
forth in this paragraph may be allowed without variance for the
following:
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(a) Lots in Planned Unit Developments which are approved
pursuant to Paragraph 6 of this Subdivision and Section 9,
Subdivision B of this Ordinance;
(b) Lots in Planned Unit Developments which were approved with
provision for phased development and recorded with outlots,
which include the land for the phased lots, pursuant to Section
9, Subdivision B prior to the effective date of this subdivision;
(c) Lots shown on preliminary plats and created by final plats
which were approved prior to the effective date of this
Subdivision and which are effective within the provisions of
Minnesota Statutes Section 462.
b. Minimum Setback Requirements for all Structures. The following minimum
setback dimensions shall apply to all structures allowed in the Shoreland
Management Overlay District and these dimensions shall supersede the
applicable dimensions set forth by this Ordinance for the underlying or Flood
Plain Overlay zoning district except where the minimum dimensions of the
underlying or Flood Plain Overlay zoning district are greater than those set
forth in this paragraph, in which cases the more restrictive or greater
dimensions shall apply.
(1) Natural Environment Lakes: Structures on lots which abut the public
water and which are not served by municipal sanitary sewer shall be at
least 150 feet from the Ordinary High Water Level; and, structures on
lots which abut the public water and which are served by municipal
sanitary sewer shall be at least 150 feet from the Ordinary High Water
Level.
(2) Recreational Development Lakes: Structures on lots which abut the
public water and which are not served by municipal sanitary sewer
shall be at least 100 feet from the Ordinary High Water Level; and,
structures on lots which abut the public water and which are served by
municipal sanitary sewer shall be at least 75 feet from the Ordinary
High Water Level.
(3) General Development Lakes: Structures on lots which abut the public
water and which are not served by municipal sanitary sewer shall be at
least 75 feet from the Ordinary High Water Level; and, structures on
lots which abut the public water and which are served by municipal
sanitary sewer shall be at least 50 feet from the Ordinary High Water
Level.
(4) Tributary Streams: Structures on lots which abut the public water and
which are not served by municipal sanitary sewer shall be at least 100
feet from the Ordinary High Water Level; and, structures on lots
which abut the public water and which are served by municipal
sanitary sewer shall be at least 50 feet from the Ordinary High Water
Level.
(5) General Requirements and Exceptions:
in
(a) Structures shall be located at least 50 feet from the right-of-
way line of any Federal, State, or County trunk highway, and,
in any case, shall not have a front yard setback less than that
provided in the applicable underlying zoning district.
(b) One water -oriented accessory structure as defined and allowed
by this ordinance may be located on a residential lot abutting
public water landward of and closer to the ordinary high water
level than allowed by this subdivision, provided it is in
compliance with the following:
(i) It is not designed or used for habitation, and does not
contain potable water or sanitary sewer facilities.
It is at least ten feet from the Ordinary High Water
Level.
It is treated to reduce visibility as viewed from the
public water and adjacent properties in the Shoreland
Management District by vegetation, topography,
increased setbacks, or color, assuming summer season,
leaf -on conditions.
(iv) It does not exceed ten feet in height, exclusive of safety
rails required by the Building Code.
(v) It has a maximum ground coverage of 250 sq. ft. if the
lot abuts a Natural Environment Lake or Tributary
Stream and 400 sq. ft. if the lot abuts a General
Development or Recreational Development Lake where
the structure is used exclusively for watercraft and
water -oriented equipment storage and the maximum
width of the structure is 20 feet as measured parallel to
the configuration of the shoreline.
(vi) Detached decks may not exceed eight feet above grade
at any point.
(vii) Any deck located on the roof shall fully comply with
the Building Code and shall in no case: be enclosed
except for required safety rails, be covered, or be used
for storage.
(c) Piers, retaining walls, fences, and docks which may be allowed by this
Ordinance, shall conform to the design and maintenance standards of
all applicable Federal, State, and City Regulations.
(d) Structural setback requirements from the Ordinary High Water Level
may be altered without variance as follows:
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(i) to conform with the setbacks of existing structures on the lots
on both sides of the subject lot; provided, however, the subject
lot is not in a Shore Impact Zone or Bluff Impact Zone as
defined by this Ordinance, and the approved altered setback is
no less than the average setback of the existing structures on
the abutting lots or that established in the underlying zoning
district, including the Flood Plain Overlay District whichever
is greater.
(ii) to allow the addition of an attached deck to a structure that
lawfully existed on the effective date of this Subdivision,
provided all of the following are met:
a) a thorough evaluation of the property and structure
reveals no reasonable location for an attached deck
meeting or exceeding the existing ordinary high water
level setback of the structure;
b) the deck encroachment toward the ordinary high water
level does not exceed fifteen percent of the existing
shoreline setback of the structure from the ordinary
high water level or does not encroach closer than thirty
feet, whichever is more restrictive;
C) the deck is constructed primarily of wood, and is not
roofed or screened;
d) the resulting structure setback from the property line is
not less than the minimum established by this
ordinance for the underlying zoning district.
(e) Setbacks from the Ordinary High Water Level for nonresidential
structures that are allowed by this Ordinance for uses requiring
location on lots abutting public waters, as determined by the City, shall
be no closer than the setbacks provided in this Subdivision provided,
the approved setback is no less than that established in the applicable
underlying zoning district including the Flood Plain Overlay District.
(f) Setbacks from the Ordinary. High Water Level for structures, other
than single family dwellings and accessory structures, that are allowed
by this Ordinance for uses without water -oriented needs, as determined
by the City, shall be double the setbacks provided in this Subdivision
unless the use is substantially screened from view from the public
water by vegetation and/or topography, assuming summer, leaf -on
conditions; provided, the approved setback is no less than that
established in the applicable underlying zoning district, including the
Flood Plain Overlay District.
(g) All structures other than stairways and landings shall have a minimum
setback of 30 feet from the top of a bluff as defined by this Ordinance.
(h) Structures in the Shoreland Overlay District shall have a minimum
setback of 50 feet from the boundaries of an unplatted cemetery
protected under Minnesota Statutes, Section 307.08; setbacks less than
50 feet shall be subject to approval by the State Archaeologist's Office,
but shall be no less than the setback established in the underlying
zoning district.
(i) No structure in the Shoreland Overlay District shall be placed on a
significant historic site unless adequate information about the site has
been removed and documented in a public repository.
(j) Commercial, industrial, public, and semi-public uses that have water -
oriented needs, as determined and approved by the City, are
conditional uses in the Shoreland Management Overlay District, and
are subject to the conditional use requirements of this ordinance and to
the following:
(i) Short-term watercraft mooring shall be centralized, designed to
avoid obstructions of navigation, and no larger than necessary
to meet the demonstrated need;
(ii) Only signs conveying non-commercial or safety-related
information and placed by City or other public authorities shall
be located in or upon public waters.
Only signs conveying non-commercial or safety-related
information shall be located within -the shore impact zone, and
signs shall be subject to the requirements of this Ordinance,
provided the maximum height shall be ten feet and the
maximum area shall be 32 square feet.
(iv) All artificial lighting shall be shielded or directed to avoid
illumination of public waters, except safety hazards; provided
that navigation lights may be installed for safety purposes.
0
TABLE 3
SPECIAL MINIMUM LOT SIZE AND STRUCTURE SETBACK STANDARDS
NOTE: Refer to this and other subdivisions of this Ordinance which address the minimum lot size and
structure setback standards. There are minimum lot size and structure setback standards for all uses in all
Zoning Districts.
This table contains only those minimums which exceed the minimum standards of the underlying Zoning
District for the size of residential building sites and the setback of all structures from the Ordinary High
Water Level on lots abutting public water. Structure setbacks on lots not abutting public water are from
the property line.
NE --Natural Environment GD --General Development RD --Recreational Development
O.H.W.L.--Ordinary High Water Level B.L.--Building Line Sewer --City Sewer TS --Tributary
Stream
UL --Underlying Zoning District (Section 7 or Section 8)
C. Maximum Height of Structures: The maximum height of all structures in the
Shoreland Overlay District shall be 35 feet, but in no case shall be more than
the maximum height set forth in the applicable underlying zoning district;
provided, however, exceptions to this requirement may be made for churches,
for agricultural structures allowed by this Ordinance, and for structures which
are approved as part of a Planned Unit Development pursuant to provisions of
this Subdivision and of Section 9, Subdivision B of this Ordinance.
d. Maximum Impervious Surface Area and Stormwater Management Standards:
(1) The total area of all impervious surfaces on a lot shall not exceed 30
25 % of the total lot area.
(2) Drainage of stormwater from land in the Shoreland Management
Overlay District shall be by means approved by the City Engineer that
maximize the feasible use of existing natural drainageways, wetlands,
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Lots Abutting Public Water
Lots Not Abutting Public Water
(Riparian Lots
Non -Riparian Lots
Class
Width
Area
Setback
Width
Area
Setback
NE/sewer
125 ft.0
40,000
150 ft.
125 ft.@
20,000
UL
OHWL/BL
s .ft.
BL
s .ft.
NE/no sewer
200 ft. @
UL
150 ft.
UL
UL
UL
OHWL
GD/sewer
75 ft.0
UL
50 ft.
UL
UL
UL
OHWL
GD/no sewer
100 ft.®
UL
75 ft.
UL
UL
UL
OHWL
RD/sewer
110 ft.0
20,000
75 ft.
UL
UL
UL
BL;
sq.ft.
75 ft. 0
OHWL
RD/no sewer
150 ft.®
UL
100 ft.
UL
UL
UL
OHWL
TS/sewer
UL
UL
A fr.
UL
UL
UL
/no sewer
UL
UL
100 ft.
UL
UL I
UL
C. Maximum Height of Structures: The maximum height of all structures in the
Shoreland Overlay District shall be 35 feet, but in no case shall be more than
the maximum height set forth in the applicable underlying zoning district;
provided, however, exceptions to this requirement may be made for churches,
for agricultural structures allowed by this Ordinance, and for structures which
are approved as part of a Planned Unit Development pursuant to provisions of
this Subdivision and of Section 9, Subdivision B of this Ordinance.
d. Maximum Impervious Surface Area and Stormwater Management Standards:
(1) The total area of all impervious surfaces on a lot shall not exceed 30
25 % of the total lot area.
(2) Drainage of stormwater from land in the Shoreland Management
Overlay District shall be by means approved by the City Engineer that
maximize the feasible use of existing natural drainageways, wetlands,
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and vegetated soils to convey, store, filter, and retain stormwater
before discharge to public waters.
(3) Development in designated Shoreland Management areas shall
minimize the extent of disturbed areas, runoff velocities, erosion
potential, shall reduce and delay runoff volumes, and shall stabilize and
protect disturbed areas consistent with City regulations and plans
approved by the City Engineer.
(4) Devices for stormwater outfall to public waters shall be designed and
constructed to filter and settle suspended solids and to skim surface
debris before discharge.
e. Standards for Placement and Design of Roads and Driving and Parking Areas
(1) Where feasible and practical, as determined by the City Council, all
public and private roads and parking areas shall comply with the
minimum setback requirements established for structures on lots
abutting public waters which are served by public sanitary sewer in
Paragraph 4b of this Subdivision; and shall not be located within bluff
and shore impact zones; provided however, that maximum screening
from view from public waters shall be achieved through the use of
natural vegetation and topography.
(2) Approved parking areas for uses other than single family dwellings
shall be screened utilizing natural topography, vegetation or other
natural materials consistent with the standards of this Ordinance and
adopted Landscape Policy; for purposes of this Subdivision, the public
water side of such approved parking areas shall be considered as a
residential use when determining screening requirements.
f. Minimum Lowest Floor Elevations: All structures on land in the Shoreland
Management Overlay District which is also in the Flood Plain Overlay District
shall be placed at an elevation consistent with the requirements of that district
as set forth in Section 6, Subdivision A of this Ordinance. The elevation to
which the lowest floor, including basement, of all structures on land which is
within the Shoreland Overlay District, but which is not in the Flood Plain
Overlay District shall be determined as follows:
(1) For lakes, by an evaluation of available flood information consistent
with the procedures for evaluating proposed uses within the General
Flood Plain District set forth in Section 6, Subdivision A of this
Ordinance; or by placing the lowest floor at a level at least three feet
above the highest known water level. In those instances where
sufficient data on known high water levels are not available, the
Ordinary High Water Mark should be used.
(2) For tributary streams, by an evaluation of available flood information
consistent with the procedures for evaluating proposed uses within the
General Flood Plain District as set forth in Section 6, Subdivision A of
this Ordinance.
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5. Conditional Use Requirements and Procedures
The following are requirements and procedures to be administered and enforced with the
Conditional Use provisions of this Ordinance for uses so classified by this Ordinance for
property in the Shoreland Management Overlay District. These requirements may
supersede certain provisions. Where specific requirements and procedures are not given in
this paragraph, the Conditional Use provisions set forth elsewhere in this Ordinance shall
apply.
a. Application for a Conditional Use Permit shall include appropriate narrative
and technical data to enable the City to thoroughly evaluate the waterbody,
topographic, vegetation, and soil conditions of the site of the proposed use to
ensure:
(1) the prevention of soil erosion and other pollution of public waters
during and after development;
(2) the view of structures and other facilities from public waters is limited;
(3) both potable water and appropriate sanitary sewage disposal are
available for the site;
(4) the types, uses, and numbers of watercraft that the use will involve, if
any, can be safely accommodated on the public water.
b. The Planning Commission may recommend and the City Council may adopt
conditions such as, but not limited to, the following to ensure the purposes of
this Subdivision are met:
(1) increased setbacks for the Ordinary High Water Level;
(2) limitations on the natural vegetation that may be removed and/or
requirements for additional vegetation;
(3) special requirements for the location, design, and use of structures,
sewage treatment, watercraft launching and docking, and vehicle
parking.
C. A copy of all notices of any public hearing scheduled to consider requests for
Conditional Use Permits for uses governed by this Subdivision shall be sent to
the Commissioner of the Department of Natural Resources and postmarked at
least ten days prior to the scheduled hearing.
d. A copy of the final decision granting a Conditional Use Permit for a use
governed by this Subdivision shall be sent to the Commissioner of the
Department of Natural Resources and postmarked within ten days of the final
action.
6. Subdivision Requirements and Procedures
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The following are requirements and procedures to be administered and enforced in conjunction
with the City Subdivision Code, and related Ordinances, and Policies regarding the platting
and division of all property in the Shoreland Management Overlay District.
a. Land Suitability. Land shall be platted or divided which is held by the City
Council to be tm suitable in its natural state for the proposed use, with minimal
alteration. Suitability shall be determined by reviewing factors such as, but not
limited to, susceptibility to flooding, inadequate drainage, soil and rock
formations with severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage disposal, protected
wetlands, significant historic sites, or any other feature deemed likely to be
harmful to the health, safety, or welfare of present or future residents or
occupants of the proposed subdivision, the immediate neighborhood, or of the
City.
b. Inconsistent Plats and Land Divisions. For purposes of this paragraph,
inconsistency with the requirements of this subdivision shall be considered a
variance, subject to the applicable variance standards and procedures of this
Subdivision.
C. Lots for controlled access. Lots proposed to serve as controlled accesses to
public waters or as recreational areas for the benefit of nonriparian lots, where
allowed by this Ordinance, within a subdivision, shall meet the following
standards:
(1) All area and width requirements for residential lots as provided in this
Subdivision.
(2) The suitability standards of this paragraph, in consideration of the
proposed use of the lot or lots.
(3) The width of the lot shall be increased, while retaining the lot depth,
by the percent of the required width for residential lots abutting public
water for each watercraft over six, if docking, mooring, or over -water
storage of more than six watercraft is allowed. The required
percentage increase in frontage is indicated (%) following the ratio of
lake size in acres to shore length in miles: Less than 100 (25%); 100-
200 (20%); 201-300 (15%); 301-400 (10%); greater than 400 (5%).
(4) The lot must be owned jointly by all lot owners in the subdivision who
are provided riparian access rights on the lot.
(5) Covenants or equivalent legal instruments approved by the City
Attorney shall be filed with the title for the lot and for all lots with
rights to use the lot; the benefiting lots, authorized activities,
limitations on the development and use of lot and special conditions
imposed to ensure compliance with applicable regulations shall be
specified.
d. Submittal of Approved Subdivisions to Commissioner. A copy of all plats and
land divisions involving property within the Shoreland Management Overlay
District shall be submitted to the Commissioner of the Department of Natural
13
Resources and postmarked within ten days of final approval by the City
Council.
7. Planned Unit Developments
Developments with modification of density and design standards as set forth in this Subdivision
may be allowed as exceptions for Planned Unit Developments (PUD) which are proposed and
approved in accordance with Section 9, Subdivision B of this Ordinance, and with the
following requirements:
a. Notice of hearing for the required PUD Conditional Use Permit sent to the
Commissioner of the Department of Natural Resources as prescribed by this
Subdivision shall include a copy of the Preliminary PUD Plan, Plat, and other
pertinent materials submitted with the application to permit review with respect
to that portion of the Planned Unit Development which is within the Shoreland
Management Overlay District.
b. Designated public and private open space for that portion of the PUD which is
within the Shoreland Management Overlay District shall be subject to the
following:
(1) Approved open space shall be preserved through appropriate legal
means including restrictive covenants, dedications, or other methods
approved by the City Council. Protection shall include:
(a) Prohibition of commercial uses in the case of Residential
Planned Unit Developments;
(b) Prohibition of alteration of vegetation and topography other
than routine maintenance;
(c) Prohibition of new buildings, and outside storage of vehicles
and materials;
(d) Prohibition of uncontrolled watercraft beaching.
(2) A minimum of 50 per cent of the shoreland area shall be designated
and preserved as open space.
(3) Developed land including required yards, road rights-of-way, parking
areas, commercial uses and facilities, and structures other than allowed
water -oriented accessory structures or facilities, shall be excluded in
the computation of the minimum open space area.
(4) Land with physical characteristics deemed unsuitable for development
in its natural state, significant historic sites, and unplatted cemeteries
or burial grounds shall be designated as open space and included in the
computation of minimum open space area.
(5) Land used for public or private outdoor recreational facilities may be
designated as open space and included in the computation of the
minimum open space area.
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(6) Land in the Shore Impact Zone, as defined by this ordinance, shall be
designated as open space and included in the computation of the
minimum open space area; further, in the case of Residential PUD's, at
least 50 per cent of this area within existing developments and at least
70 per cent of this area within new developments shall be preserved in
its existing or natural state; and, in the case of Mixed PUD's, at least
50 per cent of this area shall be preserved in its natural state.
C. The following factors shall be evaluated in conjunction with the standards and
criteria set forth in Section 9, Subdivision B of this Ordinance to asensure that
the development and any increased density of the development within the
designated Shoreland area which exceeds the standards established in this
Subdivision is are consistent with the resource limitations of the public water:
(1) Suitability of the site for the proposed density;
(2) Physical and aesthetic impact of increased density upon the shoreland
and upon the public water;
(3) Level of current development within the subject shoreland area;
(4) Amount of undeveloped private and public land in the subject
shoreland;
(5) Levels and types of water surface use and public access; and,
(6) Possible effects upon overall public use of the public water.
d. Any commercial, industrial, recreational, public, or religious facility allowed
as part of the Planned Unit Development shall conform to all applicable
Federal and State Regulations including, but not limited to, the following:
(1) Licensing provisions or procedures;
(2) Waste disposal regulations;
(3) Water supply regulations;
(4) Building Codes;
(5) Public safety regulations;
(6) Regulations concerning the appropriation and use of public water as
defined in Minnesota Statutes Chapter 103G.
e. All Planned Unit Developments shall be subject to applicable regulations of the
Minnesota Environmental Quality Board.
f. Any approved shoreline recreation facilities such as beaches, docks, and boat
launching facilities shall be centralized.
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g. The following standards are applicable to the portion of a development within
the designated Shoreland where the proposed density exceeds the density
standards of this Subdivision;
(1) Calculation of density shall include only that land which is above the
ordinary high water level of the public water.
(2) The approved minimum lot width shall be met at both the ordinary
high water level and at the building line for lots abutting public water.
(3) The maximum density of development within the shoreland may be
increased 150 per cent over the maximum density allowed with no
bonus points in Section 9, Subdivision B of this Ordinance; provided,
the minimum setback from the ordinary high water level for lots
abutting public water shall be increased to reduce the impact upon the
waterbody as follows:
(a) 150 per cent of the minimum for structures; or,
(b) 125 per cent of the minimum for structures, plus vegetative
management, topography, or additional means as deemed
appropriate by the City.
8. Provisions for Water and Disposal of Sewage and Solid Waste
The provisions of this paragraph, in conjunction with other City regulations, are intended to
insure safe and healthful conditions, to prevent pollution and contamination of surface and
ground waters, and to guide development compatible with the natural characteristics of
shorelands and related public water resources.
a. Water Supply. Any public or private supply of water for domestic purposes
shall conform to Minnesota Department of Health standards for water quality.
Private wells shall be located and designed in accordance with the applicable
requirements of the Flood Plain Overlay District in Section 6, Subdivision A of
this Ordinance.
b. Sewage Disposal. All premises used for human occupancy shall be provided
with an approved and adequate method of sanitary sewage disposal which shall
be maintained in accordance with acceptable practices and applicable
regulations. The requirements of this paragraph shall be administered and
enforced in conjunction with other applicable City and State regulations with
respect to all property and uses within the Shoreland Overlay District.
(1) Municipal sanitary sewer shall be used in the Urban Service Area as
designated on the Land Use Guide Plan, where trunk sanitary sewer
service is available, in the case of new development; and where lateral
sanitary sewer service is available, in the case of existing development.
(2) All sanitary sewer facilities and waste disposal practices and facilities
shall be subject to the applicable state, county, and city standards,
criteria, rules, and regulations.
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(3) All private and onsite sewage and other sanitary waste disposal systems
including septic tanks and soil absorption systems shall be subject to
the following:
(a) Systems shall conform to applicable standards, criteria, rules, and regulations
of the State and City with respect to size, construction, use, and maintenance.
(b) The location and installation of septic tank and soil absorption systems shall be
such that, with reasonable maintenance, they will function in a sanitary manner
and will not create a nuisance, endanger the quality of any domestic water
supply, or pollute or contaminate any public water. Consideration shall be
given to the size and shape of the lot, slope of natural and finished grade, soil
permeability, high ground water elevation, geology, proximity to existing or
future water supplies, accessibility for maintenance, and possible expansion of
the system in determining a suitable location.
(c) Septic tank and soil absorption systems constructed after adoption of this
Subdivision shall have the following minimum setback from the Ordinary High
Water Level:
(i) Natural Environment Lakes: 150 feet.
(ii) Recreational Development Lakes: 75 feet.
(iii) General Development Lakes: 50 feet.
(iv) Tributary Streams: 75 feet
(d) Soil absorption systems shall not be allowed for disposal of domestic sewage in
the following areas:
(i) low, swampy areas, or areas subject to recurrent flooding.
(ii) Areas where the highest known ground water table, bedrock, or
impervious soil conditions are within three feet of the bottom of the
proposed system.
(iii) Areas of ground slope which create a danger of seepage of the effluent
onto the surface of the ground.
(e) Alternative methods of domestic sewage disposal and treatment may be
allowed, provided such facilities meet the standards, criteria, rules, and
regulations of the Minnesota Pollution Control Agency, Department of Health,
and of the City.
(f) Sanitary sewage disposal and water facilities which are inconsistent with the
applicable State and City standards, except for the minimum setback from the
ordinary high water level, on the effective date of this Subdivision, shall be
modified or replaced to conform with those regulations as a condition of any
zoning approval or permit for improvement on or use of the property.
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(g) Applications for construction and use permits for property containing an
on-site sewage disposal system shall include an affidavit by the property owner
that the system is in conformance with applicable State and City standards.
Permits for additions to structures on property containing inconsistent systems
shall stipulate the corrective actions as provided in this Subdivision.
(h) The Comprehensive Plan program adopted by City Council resolution for
notifying and educating owners of on-site sewage disposal systems about
proper operation, maintenance, evaluation, and upgrading of their systems will
include specific reference to the special requirements of this Subdivision.
Special Requirements for Development in and Alterations to Shoreland and for
Agricultural Uses
a. Natural vegetation in shoreland areas shall be preserved to the maximum extent
possible in order to retard. surface runoff and soil erosion and to utilize excess
nutrients. The removal of natural vegetation shall be subject to applicable
State regulations, City code and policy requirements, and to the following:
(1) Clearcutting and intensive vegetation clearing shall be prohibited in
shore impact and bluff impact zones and on steep slopes, except as
necessary for construction of roads, public utilities, sanitary facilities,
structures, and parking areas according to plans approved by the City.
(2) Natural vegetation shall be restored to the maximum extent possible in
conjunction with any approved construction project, consistent with
City tree preservation and erosion control policies.
(3) Selective cutting and limited clearing of trees and underbrush, and
cutting, pruning, and trimming of trees to provide and maintain a view
to the public water from a dwelling or to accommodate allowed
stairways and landings, outdoor recreation facilities, and water -oriented
accessory structures and facilities may be allowed provided sufficient
cover is left to screen motor vehicles and structures when viewed from
the water, consistent with applicable ordinances and policies regarding
screening and landscaping. For purposes of this paragraph, the public
water shall be considered a residential use.
b. Grading and filling or any other substantial alteration of the natural topography
in shoreland areas shall be subject to the to the requirements of the applicable
State regulations, City code and policy requirements, and to the following:
(1) The smallest amount of bare ground shall be exposed for the least
amount of time feasible, as determined by the City.
(2) Temporary ground cover such as mulch, shall be used and permanent
vegetative cover, such as sod shall be provided.
(3) Methods to prevent erosion and to trap sediment shall be employed
consistent with the City Policies and Regulations.
IN
(4) Fill shall be stabilized to accepted engineering standards as verified by
the City Engineer.
(5) A City permit for grading and filling shall be obtained for the
movement of more than ten cubic yards of material on steep slopes or
within shore impact and bluff impact zones.
C. Any work which will change or diminish the course, current, or cross section
of a public water and any alterations below the ordinary high water level shall
be approved by the Commissioner of the Department of Natural. Resources
before the work is started. This includes construction of channels and ditches,
lagooning, dredging of lakes or stream bottom for removal of muck, silt, or
weeds, and filling in the lake or stream bed. Approval shall be construed to
mean the issuance of a Permit by the Commissioner of the Department of
Natural Resources, under the procedures of the Minnesota Statutes and
Regulations.
d. Excavations on shorelands where the intended purpose is connection to a public
water, such as boat slips, canals, lagoons, and harbors, shall be permitted only
after the City and the Commissioner of the Department of Natural Resources
have approved the proposed connection to the public waters: Approval shall
be granted only if the proposed work is consistent with applicable State and
City regulations for work in beds of public waters.
e. Stairways, lifts, and landings shall be used where feasible as an alternative to
major topographic alterations to achieve access up and down bluffs and steep
slopes to shoreline areas, and these structures shall be subject to the following:
(1) Stairways and lifts on residential lots shall have a maximum width of
four feet.
(2) Landings on residential lots shall have a maximum area of thirty-two
square feet.
(3) Canopies and roofs over the structures governed by this paragraph are
prohibited.
(4) The structures shall be constructed in accordance with the Building
Code, erosion control policy, and applicable standards of the state
regulations for facilities for the physically handicapped.
(5) The structures shall be located so to be as inconspicuous as possible as
viewed from the public water.
f. Plans for construction on steep slopes shall be reviewed for possible erosion
impacts and visibility from public waters; plan approval and permits may
include special conditions to ensure erosion control and preservation of natural
screening of the development.
g. Agricultural Use Standards. The following requirements are applicable to
agricultural uses in the Shoreland Management District where allowed by this
ordinance in the underlying zoning districts:
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(1) General cultivation, farming, grazing, nurseries, horticulture, truck
farming, sod farming, and wild crop harvesting may be allowed if
steep slopes and shore and bluff impact zones are maintained in
permanent vegetation or operated under a conservation plan, consistent
with the field office technical guides of the local soil and water
conservation district or the United States Soil Conservation Service, as
approved by a qualified individual or agency.
(2) The Shore Impact Zone, for agricultural uses, is equal to a line parallel
to and 50 feet from the ordinary high water level.
(3) Animal feedlots, as defined and regulated by Minnesota Pollution
Control Agency rules, Chapter 7020.0100-7020.1900 for purposes of
compliance and permits, shall meet the following standards:
(a) Those established after adoption of this Subdivision, shall not
be located in the shoreland of watercourses or in bluff impact
zones, and shall have a minimum setback of 300 feet from the
ordinary high water level of all public water basins.
(b) Modifications to or expansion of those within 300 feet of the
ordinary high water level or within a bluff impact zone, which
exist on the date this Subdivision is adopted, may be allowed if
they do not further encroach into the existing ordinary high
water level setback or encroach on bluff impact zones.
(4) Fertilizers, pesticides, or animal wastes shall be used in a manner,
through proper application or use of earth and vegetation, which
minimizes the impact on the shore impact zone or public water.
10. Variances
a. Requests for variances shall be made in accordance with the procedures and
requirements set forth in Section 11, Subdivision C of this Ordinance.
b. Variances shall only be granted when the standards and criteria set forth in
Section 11, Subdivision C of this Ordinance have been met; variances shall not
be granted which would circumvent the purposes and intent of this
Subdivision.
C. A copy of all notices of any Public Hearings scheduled to consider requests for
variances from this Subdivision shall be sent to the Commissioner of the
Department of Natural Resources and post marked at least ten days prior to the
hearing.
d. A copy of the final decision granting a requested variance from this
Subdivision shall be sent to the Commissioner of the Department of Natural
Resources and post marked within ten days of the final action.
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11. Nonconforming Uses
a. Nonconforming uses of land and structures within the Shoreland Overlay
District shall be subject to the applicable requirements of Section 12 of this
Ordinance, except as otherwise provided by this Subdivision.
Lots of record in the office of the County Register of Deeds on the effective
date of the adoption of this Subdivision which do not meet the minimum area
requirements set forth in this Subdivision or in the other applicable Sections of
this Ordinance may be allowed as building sites, provided;
(1) The proposed use is permitted in the underlying zoning district, and, if
applicable, in the Flood Plain Overlay District;
(2) The lot is in separate ownership from abutting lands;
(3) The lot is served by municipal sanitary sewer, or, in the case of lots
not served by sanitary sewer, the lot can fully comply with the sanitary
sewer requirements of this Subdivision;
(4) The lots can be developed with structures within all setback
requirements set forth in this Subdivision or, where applicable, in the
Section of this Ordinance which governs the underlying zoning district:
(5) Owners of substandard lots which are within the Metropolitan Urban
Service Area as designated by the adopted Land Use Guide Plan, and
which do not have lateral sanitary sewer service lines to the property,
but which are in areas with trunk sanitary sewer service available, shall
initiate the appropriate administrative procedures to install or to have
the City install the lateral sanitary sewer service before Building
Permits are issued for development of the substandard lot.
C. Nonconforming uses, as defined in this Ordinance, which abut the public
water, shall not be enlarged or increased, nor shall any such use be extended to
occupy a greater area of land than that occupied by such use at the time of the
adoption of this Subdivision; unless such expansion or extension is parallel to,
or greater than, the existing setback on the public water side of the property
and is in compliance with all applicable regulations of this Subdivision and of
the underlying zoning district. Such uses shall not be moved to any other part
of the parcel upon which the same was conducted at the time of the adoption of
this Ordinance unless the purpose is to gain compliance with the structural
setback requirements of this Subdivision pursuant to plans approved by the
City and, where applicable, by the Commissioner of the Department of Natural
Resources.
12. Amendments
a. Amendments to this Subdivision shall be subject to the amendment procedures
and requirements set forth in Section 11 of this Ordinance.
Amendments to this Subdivision shall be consistent with State Statutes and
regulations regarding the management of shoreland areas.
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C. Amendments to the Comprehensive Land Use Guide Plan and to this Ordinance
for the purpose of reclassifying land subject to the standards of this
Subdivision shall be enacted only after the City Council has found that the
proposed classification is consistent with the State and City regulations and
standards applicable to shorelands.
d. A copy of all notices of any public hearings scheduled to consider amendments
to this Subdivision and to those portions of the Comprehensive Land Use
Guide Plan and this Ordinance relative to classification of land in the
designated shoreland areas shall be sent to the Commissioner of the
Department of Natural Resources and post marked at least ten days prior to the
scheduled hearing.
e. A copy of any adopted amendment to this Subdivision and to those portions of
the Comprehensive Land Use Plan and this Ordinance relative to classification
of land in the designated shoreland areas shall be sent to the Commissioner of
the Department of Natural Resources and post marked within ten days of
adoption.
Section 3. Effective Date. This Ordinance shall take effect upon its passage and
publication.
Adopted by the City Council this 11th day of July, 1994.
ATTEST
64 City Clerk
cc: File
staffrep/ord/94059fnl.doc
Published: Sun Sailor 7-27-94.
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