HomeMy WebLinkAboutCity Council Ordinance 1982-33i
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CITY OF PLYMOUTH '
ORDINANCE NO. 82-33
AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-09, ADOPTED JUNE 16,
1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Amendment of Ordinance. SECTION 4, Subdivision B is
hereby amended by the addition of the following:
i
Clear Cutting -- The removal of an entire stand of trees.
i Ordinary High Water Mark -- A mark delineating the highest water
level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The Ordinary High Water Mark is commonly
that point where the natural vegetation changes from predominantly
,i aquatic to predominantly terrestrial. For water courses, the
Ordinary High Water Mark shall be the elevation of the too of the
bank of the channel. For reservoirs and flowages, the Ordinary
High Water Mark shall be the operating elevation of the normal
summer pool. The Ordinary High Water Mark of public waters in the
City of Plymouth shall be established by and approved by the Depart-
ment of Natural Resources pursuant to State statutes and regulations.
ii
Section 2. SECTION 4, Sfabdivision B is hereby amended by deleting
;'the following in its entirety:
Pa6}4e-Water -- ARy-ex4st4me-or-prepesed-belly-of-water-er-dra4Rage j
6haRRe4-wh4eh-bas-tke-peteRi4a}-te-sappert-any-type-a€-reeReat4eRa4
j) parsu4t-er-water- 5app4y-purpese:--The-tr4betary-area-and-des4gn
i sdr€see-area-slaa4}-�e-estab44sbed-4n-tqe-Ste+�rr-Bra4Rage-P4aR-adoptee
i
Augdst-6;-4972-BF-as-therea€ter-ariended.
hand the addition of the following:
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Public Waters -- Waters which are defined in Minnesota Statutes
198
0, Section 105.37, Subdivision 14; For Purposes of the S ore -
and Overlay District as provided in this Ordinance, this includes
lakes, ponds, and flows es of more than 10 acres and streams,
creeks, and water courses having a total drainage area of 2 square
'i miles or more. This does not include a body of water created by f
a private user, where there was no previous shoreland, as defined
the De artment of Natural Resources, for a designated private
use authorized by the Department of Natural Resources The official
determination of the size and physical limits of drainage areas
of streams, creeks and water courses shall be made by the Depart-
ment of Natural Resources. T he official size of lakes, ponds. or
f owageesssha_l_l be the areas listed in the Division of Waters,
Soils and d Minerals Bulletin 25, an Inventor of Minnesota Lakes,
jor in t e event that lakes, ponds, or flora es are not listedthere-
II in, official determination of size and h sical limits sha 1 be
j m
BY the Commissioner of t o Department o NaturalResources
pursuant to State statutes.
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Section 3. SECTION 4, Subdivision B is hereby amended by deleting
'`the following in its entirety:
'� Sbere4and -- 6and-4seated-en-tMe-4andward-s4de-a€-€}eed-p4a4n
de44Reated-by-the-F4eed-P4a4R-8ver4ay-B4ste4et-eR-tbe-eeR4Rg-FRapv
fond the addition of the following: j
C' Shoreland -- Land located within the following distances from public
j water:
Ali
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NEW
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Page two
Ordinance No. 82-33
a. 1,000 feet from the Ordinary High water Mark of a lake, pond,
or flowage; and,
b. 300 feet from a stream, creek, or water course; or the 'and -
ward extent of a flood plain as designated by this Ordinance,
whichever is greater.
Section 4. SECTION 4, Subdivision B is hereby amended by the
addition of the following:
Substandard Shoreland Use -- Any use of shorelands existing prior to
the date of enactment of the Shoreland Overlay District regulations i
j in this Ordinance which is permitted within the applicable underlying
Zoning District, but which does not meet the minimum lot area and
length of water frontage, structure setbacks, or other dimensional
standards of this Ordinance.
Section 5. SECTION 4, Subdivision B is hereby amended by deleting
the following in its entirety:
Yard;-Sheee}awd ---- A-yard-extend;Rg-aeress-a-}et-and-he4Rg-€lee
a+#n;►ndra-ber��enta}-�}e€aRee-�e€Heen-a-s€rde�dre-ani-}be-b}gk►Nater
leve}-a€-a-Peg}}e-water-area-as-estab}fished-by-€he--''Si;eFFR-Wa€er
BM•a�gage-P}an-'-adeN€ed-Adgdst-6;-}9�2-er-as-€laerea€der-a�ReRded. •
and the addition of the following:
Yard, Shoreland -- A yard extending across a lot and being the mini-
mum horizontal distance between a structure and the ordinary high
water mark of a public water area as established by the City Storm
j Drainage Plan and Department of Natural Resources
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Section 6. SECTION 6 is hereby amended by the addition of the
following:
SUBDIVISION B - SHORELAND MANAGEMENT OVERLAY DISTRICT
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1. Purpose
i
The legislature of the State of Minnesota has, in Minnesota Statutes
105.485, directed that municipalities with shorelands adopt regu-
lations which comply with State Standards and Criteria for Municipal
i Shoreland Management. Pursuant to the same statute, the Commis-
sioner of the Department of Natural Resources has adopted, in
Minn. Reg. NR 82-84, Standards and Criteria for The Management of
Shoreland Areas which set forth the minimum requirements for the
subdivision, use, and development of the shorelands of public waters
located in municipalities. This subdivision of the Plymouth Zoning
Ordinance is responsive to the cited legislative mandate as admin-
istered by the Commissioner of the Minnesota Department of Natural
Resources.
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i� 2. Intent
j The regulations contained in this Subdivision are intended to guide
and govern the wise development of shoreland of public waters, thus
ii 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 re-
sources 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
11 intended to manage areas suitable for development of varying types
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Page three
Ordinance No. 82-33
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 Grdinance 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.
(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 Wobegone; and, the creeks include:
Elm, Bass, and Plymouth.
(3.) The defined shorelands of these public waters are those
governed by this Subdivision. These public waters
have been classified by the Commissioner of the Depart-
ment of Natural Resources pursuant to Minnesota Statutes
and Minn. Reg. 82-84 as follows:
(a.) General Development (GD) - The following lakes:
Bass, Lost, and Medicine; and the following
creeks: Bass, Elm, and Plymouth.
(b.) Recreational Development (RD) - The followinq
lakes: Gleason, Hadley, Kreatz-Snyder, Mooney,
Parkers, Pike, Schmidt, Turtle, and Wobegone.
(c.) Natural Environment (NE) - The following lakes:
Mud and Pomerleau.
b. Interpretation of District Boundaries
(1.) The boundaries of the Shoreland Management 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 when-
ever the waters involved are bounded by topographic
devices which extend landward from the waters for
lesser distances and when approved in writinq by the
Commissioner of the Department of Natural Resources.
(3.) Where interpretation is needed as to the exact location
of the boundaries of the Shoreland Management District
as shown on the official Zoning Map, for example,
where 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
Page four
Ordinance No. 82-33
including the City's adopted Comprehensive Storm Water
Drainage Plan. The initial interpretation of the City
Engineer shall bL referred to the Commissioner of the
Department of Natural Resources who shall make a final
determination pursuant to the State law and regulations.
4. Zoning Dimensional Standards
The following standards shall apply to all developments and sub-
divisions within the designated shoreland areas in the City.
Where specific minimum dimensional standards are not given in
this subdivision, the minimum dimensional standards for the approp-
riate zoning district as set ;orth 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 Waters: Lots which are not served
by municipal sanitary sewer shall have a minimum area
of 5 acres and shall be a minimum 300 feet in width
at the building line and, for lots abutting a public
water, a minimum 200 feet in width at the Ordinary
High Water Mark. 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 Mark. All other lots
„rich are served by municipal sanitar.v sewer, but
which do not abut the public water shall have a mini-
mum area of 20,000 sq. ft., and shall have a minimum
width of 125 feet at the building line.
(2.) Recreational Development Waters: Lots which are not
served by municipal sanitary sewer shall have 3
minimum area of 5 acres and a minimum width of 300
feet at the building line and, for those lots abut-
ting the public water, a minimum 150 feet in width
at the Ordinary High Water Mark. 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 Mark. All other lots served by municipal
sanitary sewer which do not abut the public water
shall have a minimum area, and a minimum width at the
building line which are provided by this Ordinance
in the underlying zoning district, but which in no
case shall be less than 15,000 sq. ft., and 75 feet
respectively.
(3.) General Development Waters: Lots which are not served
by municipal sanitary sewer shall have a minimum area
of 5 acres and a minimum width of 300 feet at the building
line and, for those lots abutting the public water, a
minimum of 100 feet in width at the Ordinary High Water
Mark. Lots which are served by municipal sanitary sewer
and which abut the public water, shall have a minimum
area and a minimum width At the buildinq line which are
provided by this Ordinance in the underlying zoninq
district, but which
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Page five
Ordinance No. 82-33
in no case shall be less than 15,000 sq. ft. and 75 feet,
respectively; and shall have a minimum width of 75 feet
at the Ordinary Hiqh Water Mark. All other lots served by
municipal sanitary sewer shall have a minimum area, and a
minimum width at the building line which are provided by this
Ordinance in the underlying zoning district, but which in no
case shall be less than 10,000 so. ft., and 75 feet respectively.
(4.) Substandard Lots: 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: The proposed use is permitted
in the underlying zoning district, and, if applicable, in
the Flood Plain Overlay District; the lot is in separate
ownership from abutting lands; the lot is served by municipal
sanitary sewer, or, in the case of lots not served by sani-
tary sewer, the lot can fully comply with the sanitary sewer
requirements of this subdivision; and, 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. Owners of substandard lots which are
within the Urban Service Area as designated on 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.
(5.) Exceptions: Exceptions to the lot area requirements set
forth in this paragraph may be permitted for the following:
(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 contemplated in outlots in Planned Unit Develop-
ments which were approved and recorded pursuant to
Section 9, Subdivision B prior to the effective
date of this Subdivision;
(c.) lots contemplated in preliminary and final plats
which were approved prior to the effective date of
this Subdivision and which are effective within
the provisions of Minnesota Statutes 1980, Section
462.358, Subdivision 3 c.
b. Minimum Setback Requirements for all Structures. The following
minimum setback dimensions shall apply to all structures allowed
in the Shoreland flananement Overlay District and these dimensions
shall supersede the applicab3e dimensions set forth by this
Ordinance for the underlying zoning district except where the
minimum dimensions of the underlying zoning district are greater
than those set forth in this paragraph, in which cases the more
restrict;ve or greater dimensions shall apply.
Page six
Ordinance No. 82-33
(1.) Natural Environment Waters: Structures on lots which are
not served by municipal sanitary sewer shall be at least
200 feet from the Ordinary High Water Mark; and, structures
on lots which are served by municipal sanitary sewer shall
be at least 150 feet from the Ordinary High Water Mark.
(2.) Recreational Development Waters: Structures on lots which
are not served by municipal sanitary sewer shall be at
least 100 feet from the Ordinary High Water Mark; and,
structures on lots which are served by municipal sanitary
sewer shall be at least 75 feet from the Ordinary High Water
Mark.
(3.) General Development Waters: Structures on lots which are not
served by municipal sanitary sewer shall be at least
75 feet from the Ordinary High Water Mark; and, structures
on lots which are served by municipal sanitary sewer shall
be at least 50 feet from the Ordinary High Water Mark.
(4.) Flood Plain Overlay District: Structures on lots which are
within the Flood Plain Overlay District shall be subject
to the locational and high water elevation requirements
set forth for that district in Section 6, Subdivision A of
this Ordinance.
(5.) Front Yard Setback to Roads and Highways: No structure shall
be located nearer than 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.
No structure shall be placed nearer than 35 feet from the
right-of-way line of any other public street, and, in any
case, the front yard setback shall not be less than that
provided in the applicable underlying zoning district.
(6.) Exceptions as Conditional Uses: The following exceptions
to the locational and setback requirements set forth in
this paragraph may be considered as Conditional Use Permits
pursuant to this paragraph and Section 9, Subdivision A of
this Ordinance:
(a.) Boathouses may be located landward of the Ordinary High
Water Mark provided they are not used for habitation,
and they do not contain sanitary facilities.
(b.) Provision for piers and docks which conform to the design
and maintenance standards of all applicable Federal
and/or State Regulations.
(c.) Structural setback requirements from the Ordinary High I
Water Mark may be altered in consideration of setbacks
of existing structures on the lots on both sides of the
subject lot; provided, however, the approved altered
setback is no less than that established in the under-
lying zoning district, including the Flood Plain Over-
lay District.
(d.) Setbacks from the Ordinary High Water Mark for non-
residential structures requiring location on public
waters closer than the setbacks provided in this Sub-
division may be approved; provided the approved altered !
setback is no less than that established in the applicable
underlying zoning district including the Flood Plain
Overlay District.
! age -
Ordinance No.
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i (e.) A copy of all notices of any public hearinq or meetings
r ,
l scheduled to consider requests for Conditional Use Permit +
provided for in this Paragraph shall be sent to the
Commissioner of the Department of Natural Resources
two weeks prior to the scheduled hearing of the meeting.
(f.) A copy of the final decision granting a requested
Conditional Use Permit provided for in this Paragraph
shall be sent to the Commissioner of the Department of
Natural Resources within one week of the final action. j
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 considered for structures which are ap-
proved as part of a Planned Unit Development pursuant to pro-
visions of this Subdivision and of Section 9, Subdivision B of
this Ordinance.
d. Maximum Area and Minimum Setback Requirements for Impervious
Surfaces and Screeninq of Parkinn Areas:
(1.) The total area of all impervious surfaces on a lot shall not
exceed 30' of the total lot area.
(2.) No impervious surface shall be placed within 50 feet of
the Ordinary High Water Mark and, in any case, shall not
be closer than that permitted in the applicable underlying
zoning district.
(3.) 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 in Paragraph 4 b of this Subdivision; pro-
vided however, that private driveways, from approved public
and private roads to one and two-family dwellings, are exempt-
ed.
(4.) Approved parking areas shall be screened utilizing natural
vegetation or other natural material consistent with the
standards of this Ordinance and adopted Landscape Policy;
for purposes of this Ordinance, the public Hater side of
such approved parkinq areas shall be considered as a resi-
dential use.
e. Minimum Lowest Floor Elevations: All structures on land in the
Shoreland Overlay District which is also in the Flood Plain Over-
lay 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:
(I.) For lakes, ponds, and flowaqes by an evaluation of available
flood information consistent with the procedures for evalu-
ating 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 thosr instances
where sufficient data on known high water levels are not
available, the Ordinary High Water Mark should be used.
(2.) For rivers and 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.
Page eight
Ordinance No. 32-33
5. Subdivision Requirements and Procedures:
The following are requirements and procedures to be administered and
enforced in conjunction with the City Subdivision Code, Ordinances,
and Policies regardinq the platting and division of all property
in the Shoreland Overlay District.
ii
a. Land Suitability. No land shall be platted or divided which
is held by the City Council to be unsuitable for the proposed
use because of flooding, inadequate drainaqe, soil and rock
formations with severe limitations for development, severe
erosion potential, unfavorable topography, inadequate water
supply, or sewage disposal capabilities, or of 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. All proposed plats and
land divisions which are found by the City to be inconsistent
with the requirements of this Section shall:
(1.) Be submitted to the Commissioner of the Department of
Natural Resources for review at least ten days prior to
the required public hearing by the Planninq Commission, in
the case of proposers plats; or prior to the required
meeting by the Planning Commission in the case of proposed
divisions of land by metes and bounds description. For
purposes of this Paragraph, inconsistency with the re-
quirements of this Subdivision shall be considered a
variance from the City Code Subdivision Regulations.
(2.) Not be approved by the City Council until the proposed plat
or land division has been reviewed by the Commissioner of
the Department of Natural Resources.
c. Submittal of approved Subdivisions to Commissioner. A copy of
all plats and land divisions involving property within the
Shoreland Overlay District shall be submitted to the Commissioner
of the Department of Natural Resources within ten days of final
approval by the City Council.
6. Planned Unit Developments
Altered zoning standards as set forth in this Subdivision may be
allowed as exceptions for Planned Unit Developments which are proposed
and approved in accordance with Section 9, Subdivision B of this
Ordinance, and with the following requirements:
a. Preliminary PUD Plan/Plats shall be approved by the Commissioner
of the Department of Natural Resources, with respect to that
portion of the Planned Unit Development which is within the
Shoreland Overlay District, prior to approval by the City Council.
b. Approved designated public and private open space is preserved
through appropriate legal means including restrictive covenants,
dedications, or other methods approved by the City Council.
c.
The following factors are carefully evaluated in conjunction
with the standards and criteria set forth in Section 9, Sub-
division B of this Ordinance to assure that the increased
density of the development is consistent with the resource j
limitations of the public water:
(l..) Suitability of the site for the proposed use;
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Page nine
Ordinance No. 82- 33
(2.) Physical and aesthetic impact of increased density
upon the shoreland and upon the public water;
(3.) Level of current development within the subject shore -
land area;
(4.) Amount and ownership of undeveloped 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 Develop-
ment 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 Statute 1974,
Chapter 105.
e. All Planned Unit Developments shall be subject to applicable
regulations of the Minnesota E.:•:�ronmental Quality Board.
! f. Any approved shoreline recreation facilities such as beaches,
'i
docks, and boat launching facilties shall be centralized.
;i
j g. The approved Final Plan/Plat for a Planned Unit Development
shall not be modified, amended, repealed, or otherwise
i altered unless approved in writing by the Commissioner
of the Department of Natural Resources with respect to that
portion of the Planned Unit Development which is within the
Shoreland Overlay District, and in accordance with the
provisions of Section 9, Subdivision B of this Ordinance .
I
7. Provisions for Water and Disposal of Sewage and Solid Waste I
The provisions of this Paragraph, in conjunction with other City I
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 f
f applicable requirements of the Flood Plain Overlay District
in Section 6, Subdivision of this Ordinance.
b. Sewage Disposal. All premises used for human occupancy shall
be provided with an approved and adequate method of sanitary
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Page ten
Ordinance No. 82-33
sewage disposal which shall be maintained in accordance with
acceptable practices and applicable regulations. The require-
ments 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 public sanitary sewer and waste disposal facilities
shall be subject to the standards, criteria, rules,
and regulations of the Minnesota Pollution Control Agency.
(3.) The disposal of all commercial, agricultural, industrial,
and solid wastes shall be subject to the standards,
criteria, rules, and regulations of the Minnesota
Pollution Control Agency and of the City.
(4.) All private and on-site sewage and other sanitary waste
disposal systems including septic tanks and soil
absorption systems shall be subject to the following:
(a.) All such systems shall conform to applicable
standards, criteria, rules, and regulations of the
Minnesota Department of Health, Pollution Control
Agency, and of the 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. Con-
sideration 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 aid soil absorption systems constructed
after adoption of this Subdivision shall have the
following minimum setback from the Ordinary High
Water Mark:
(i.) Natural Environment waters: 150 feet.
(ii.) Recreational Development waters: 75 feet.
(ii-.) General Development waters: 50 feet.
(d.) Soil absorption systems shall not be allowed for
disposal of domestic sewage in the following areas:
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Page eleven
Ordinance N,. 82-33
(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.
8. Alterations to Shoreland and Beds of Public Waters
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 the
following:
(1.) Clearcutting shall be prohibited, except as necessary
for placing public roads, utilities, structures, and
parking areas.
(2.) Natural vegetation shall be restored to the maximum
extent possible in conjunction with any approved
construction project.
(3.) Selective cutting of trees and underbrush shall be
allowed as long as 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 requirements of the City Building Code 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.
(4.) Fill shall be stablized to accepted engineering standards
as verified by the City Engineer.
Page twelve
Ordinance No. 82- 33
c. Any work which will change or diminish the course, current,
or cross section of a public water 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 -emoval of muck, silt, or weeds, and fil-
ling in the lake or s -ream 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.
Excavations on shorelands whei,e 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.
9. Variances
a. Requests for variances shall be made in accordance with the
procedures and requirements set forth in Section 11, Sub-
division C of this Ordinance.
b. Variances shall only be granted when the standards and cri-
teria set forth in Section 11, Subdivision C of this Ord-
inance 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 hearings or meetings scheduled
to consider requests for variances from this Subdivision
shall be sent to the Commissioner of the Department of
Natural Resources two weeks prior to the scheduled hearing
or meeting.
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 within one week of
the final action.
10. Nonconforming Uses, Substandard Uses, and Noncomplying Sanitary
Facilities
a. Nonconforming uses of land and structures within the Shore -
land Overlay District shall be subject to the applicable
requirements of Section 12 of this Ordinance, except as
otherwise provided by this Subdivision.
b. Substandard shoreland uses, as defined in this Ordinance,
! which abut the public water, shall not be enlarged or in-
creased, nor shall any such substandard shoreland use be
extended to occupy a greater area of land than that occupied
i 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 substandard shoreland uses shall not be moved to any
i' other part of the parcel of land upon which the same was
i•, 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.
Page thirteen
!Ordinance No. 82-33
c. Sanitary sewage disposal and water facilities within the
Shoreland Overlay District which are inconsistent with the
standards set forth in the Minn. Reg. NR 83 and Paragraph
7, except sub -paragraph (4) (c), of this Subdivision on
the effective date of this Subdivision shall be eliminated
and, where appropriate, modified or replaced to conform with
those regulations within five years of the effective date of
j this Subdivision.
11. Amendments
!I a. Amendments to this Subdivision shall be subject to the
amendment procedures and requirements set forth in Section
11 of this Ordinance.
b. Amendments to this Subdivision shall be consistent with
State Statutes and regulations regarding the management
of shoreland areas.
c. A copy of all notices of any public hearings scheduled or
meetings to consider amendments to this Subdivision shall be
sent to the Commissioner of the Department of Natural
Resources at least two weeks prior to the scheduled hearing
or meeting.
d. A copy of any adopted amendment to this Subdivision shall be
sent to the Commissioner of the Department of Natural
Resources within one week of adoption.
it
I Section 7. SECTION 5, Subdivision A, Special Protection Districts,
is hereby amended by the addition of the following:
SHORELAND MANAGEMENT OVERLAY DISTRICT
Section 8. SECTION 5, Subdivision B is hereby amended by the addition
lof the following:
The Shoreland Management Overlay District created hereby contains
specific zoning regulations superimposed upon the other zoning
districts and supersedes the underlying zoning district regulations
only to the extent expressed in the provisions of the Overlay Zoning
District Regulations. In all other respects, the regulations in
the underlying zoning use districts are applicable.
I,
'i Section 9. SECTION 7, Subdivision D is hereby amended by the addition
!of the following:
Lots in the Flood Plain or Shoreland Management Overlay Districts
are subject to the Special Protection District requirements as set
forth in Section 6 of this Ordinance.
i
Section 10. SECTION 8, Subdivision E is hereby amended by the addition
Jof the following:
I
Lots in the Flood Plain or Shoreland Management Overlay Districts
are subject to the Special Protection District requirements as i
set forth in Section 6 of this Ordinance.
Section 11. SECTION 9, Subdivision B, Paragraph 3 is hereby amended
by the addition of the following:
d. Special Protection District Requirements.
i
f
4
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Page fourteen
Ordinance No. 82- 33
Planned Unit Developments involving land within the Flood Plain
or Shoreland Management Overlay Districts shall be subject to
applicable regulations set forth for those Special Protection
Districts in Section 6 of this Ordinance. Section 6,
Subdivision B, contains specific regulations for Planned Unit
Developments in the Shoreland Management Overlay District.
Section 12. SECTION 9, Subdivision B, Paragraph 5 is hereby amended
to read as follows:
The general sequence for application, review, and action on a
PUD shall be according to the following requirements= and, wher
applicable to the requirements of Section 6, Special Protection
stricts, of this Ordinance:
Section 13. SECTION 10, Subdivision B, Paragraph 1 is hereby
amended by the addition of the following:
The location, design, and construction and maintenance of off-street
parking and loading facilities within the Special Protection
Districts shall also be subject to the requirements set forth in
Section 6 of this Ordinance.
Section 14. SECTION 11, Subdivision A, Paraqraph 1 is hereby
amended by the addition of the following:
i. Extent of and any proposed modifications to land within the
Special Protection Districts as described and regulated in
Section 6 of this Ordinance.
Section 15. SECTION 11, Subdivision A, Paragraph 7 is hereby amended
by the addition of the following:
i. Extent of and any proposed modifications to land within the
Special Protection Districts as described and regulated in
Section 6 of this Ordinance.
Section 16. SECTION 11, Subdivision C, Paragraph 2 a (6) is hereby
amended to read as follows:
(6.) District boundary lines for Special Protection Districts
(Section 6) provided the purpose and intent of the
Districts are maintained and the provisions of Section
6, Subdivision A, Paragraph 5 e_ Subd4v4s4en-H;-4tem-5
are given due consideration in the cases of beth the
Flood Plairr Overlay District and the Shoreland Management
Overlay District.
Section 17. SECTION 11, Subdivision E, Paragraph 1 is hereby
amended by the addition of the following:
g. Any amendment which involves the text of Section 6,
Special Protection Districts, of this Ordinance or which
involves changes in the boundaries of any Special Protection
District shall be subject to the requirements set forth in
Section 6 of this Ordinance.
Section 18. SECTION 12 is hereby amended by the addition of the
llowing:
SUBDIVISION I - SPECIAL PROTECTION DISTRICTS
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Page fifteen
Ordinance No. 82- 33
Non -conforming buildings and uses within the Special Protection
Districts as described in Section b of this Ordinance shall be
subject to the applicable regulations and standards relating
to such buildings and uses in that Section.
Section 19. Effective Date. This Ordinance shall be effective upon
j its passage and publication.
i Adopted by the City Council the 20th day of December , 1982
David . Davenport, ayor'
ATTEST:
'i
Laurie Houk, City Clerk