Aitkin City Zoning Code
OVERLAY DISTRICTS
§ 152.055 GENERAL.
(A) Purpose and intent. To establish and maintain districts that overlay existing zoning district in order to better manage significant areas with specific needs that cross zoning district boundaries, such as encouraging growth in areas with existing public facilities or preserving areas with valued resources and amenities. All sites within an overlay district shall continue to bear their original zoning, but shall also comply with the provisions of the overlay district appended.
(B) Boundaries. The boundaries are established based on district-specific criteria and may not be aligned with roads, lot lines or other human-made boundaries. The boundaries shall be designated on official overlay maps. Overlay maps are considered part of the Official Zoning Map and are, therefore, approved and amended following the procedures in §§ 152.010 through 152.014 of this chapter.
(C) Permits. No subdivision, rezoning, reconstruction, alteration or addition shall be made to any existing structure, nor shall any additional structure be constructed upon a site in any overlay district, except in accordance with the provisions of the applicable overlay district.
(D) Districts. The following overlay districts are hereby established:
(1) Floodplain Overlay Districts:
(a) Floodway District (FW);
(b) Flood Fringe District (FF); and
(c) General Floodplain District (GF).
(2) Mississippi Headwaters Overlay District (MH);
(3) Shoreland Overlay District (SH); and
(4) Airport Zoning Overlay District (AP).
(E) Supremacy. If a provision of an overlay district conflicts with a provision or provisions of the underlying zoning district, the more restrictive provision shall apply.
(Ord. 332, passed 5-19-2008)
§ 152.056 FLOODPLAIN OVERLAY DISTRICT.
(A) Statutory authorization.
(1) Responsibility. The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows.
(2) Findings of fact and purpose.
(a) This section regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety and general welfare by minimizing these losses and disruptions.
(b) This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
(c) This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(B) General provisions.
(1) Maps. This section adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe and General Floodplain.
(a) Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in divisions (D) or (E) below will apply, depending on the location of a property.
(b) Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in division (D) below apply unless the floodway boundary is determined, according to the process outlined in division (F) below. Once the floodway boundary is determined, the Flood Fringe District standards in division (E) below may apply outside the floodway.
(2) Lands to which section applies. This section applies to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(3) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted declared to be a part of the Official Zoning Map and this chapter. These materials and studies have all been incorporated into the Floodplain and Shoreland Overlay Zone exhibit prepared by Bolton & Menk, Inc. and dated November 2015 and shall serve as the exhibit for the Zoning Administrator to administer the Floodplain and Shoreland Ordinance. This exhibit is based on FEMA floodplain regulations referenced above and available online (https://msc.fema.gov/portal).
(a) Flood insurance studies:
1. City of Aitkin, Minnesota (dated 9-15-1981); and
2. Aitkin County, Minnesota and Incorporated Areas (dated 2-2-1996).
(b) The currently effective Flood Insurance Rate Map panels enumerated below:
1. City of Aitkin Panel 2700010001B, effective 3-15-1982;
2. Aitkin County Panel 2706280240C, effective 2-2-1996;
3. Aitkin County Panel 2706280245B, effective 3-15-1982; and
4. Aitkin County Panel 2706280325C, effective 2-2-1996.
(c) The currently effective Flood Boundary and Floodway Map panels enumerated below:
1. City of Aitkin Panel 2700010001, effective 3-15-1982; and
2. Aitkin County Panel 2706280245, effective 3-15-1982.
(4) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
(5) Interpretation.
(a) The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.
(b) Where a conflict exists between the floodplain limits illustrated on the Official Zoning Map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission/Board of Adjustment and to submit technical evidence.
(6) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(7) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. This section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
(8) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.
(9) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(3) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation.
(10) Detachments. The Flood Insurance Rate Map panels adopted by reference into division (B)(3) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this section. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the city after the date of adoption of this section, the newly detached floodplain lands will be subject to the provisions of this section immediately upon the date of detachment.
(C) Establishment of Floodplain Overlay Districts.
(1) Districts.
(a) Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(3) above.
(b) Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in division (B)(3) above and as illustrated on the Floodplain Exhibit.
(c) General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in division (B)(3) above, and as illustrated on the Floodplain Exhibit, but not subject to the criteria in divisions (C)(1)(a) and (C)(1)(b) above.
(2) Compliance. Within the floodplain districts established in this section, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this section and other applicable regulations. All uses not listed as permitted uses or conditional uses in divisions (D), (E) and (F) below, respectively, are prohibited. In addition, a caution is provided here that:
(a) New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this section and, specifically, division (G) below;
(b) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this section and, specifically, division (G) below;
(c) All structures must be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(d) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section and specifically as stated in division (G) below; and
(e) Critical facilities, as defined in § 152.003(B) of this chapter, are prohibited in all floodplain districts.
(D) Floodway District (FW).
(1) Permitted uses. The following uses, subject to the standards set forth in division (D)(2) below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b) Industrial-commercial loading areas, parking areas and airport landing strips;
(c) Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas and single or multiple purpose recreational trails;
(d) Residential lawns, gardens, parking areas and play areas; and
(e) Railroads, streets, bridges, utility transmission lines and pipelines; provided that, the Department of Natural Resources’ area hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in division (D)(4) below are met.
(2) Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) With the exception of the uses listed in division (D)(1)(e) above, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(3) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in division (G)(4) below and further subject to the standards set forth in division (D)(4) below if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) Structures accessory to the uses listed in division (D)(4)(a) below and the uses listed in divisions (D)(3)(b) through (D)(3)(g) below;
(b) Extraction and storage of sand, gravel and other materials;
(c) Marinas, boat rentals, docks, piers, wharves and water control structures;
(d) Storage yards for equipment, machinery or materials;
(e) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in § 152.003(B) of this chapter, are permitted uses;
(f) Travel-ready recreational vehicles meeting the exception standards in division (G)(2) below; and
(g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.
(c) The conditional use shall be permissible in the underlying zoning district if one exists.
(d) 1. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
2. Fill, dredge spoil and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
3. Temporary placement of fill, other materials or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the governing body has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
(e) 1. Accessory structures must not be designed for human habitation.
2. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
a. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and
b. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
3. Accessory structures must be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. All flood-proofed accessory structures must meet the following additional standards:
a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and
b. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
4. As an alternative, an accessory structure may be internally/wet flood-proofed to the FP-3 or FP-4 flood-proofing classifications in the state’s Building Code; provided, the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards.
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and, so far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
5. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245, as it may be amended from time to time.
6. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
7. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(E) Flood Fringe District (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (E)(2) below. If no pre-existing, underlying zoning districts exist, then any residential or non-residential structure or use of a structure or land is a permitted use; provided, it does not constitute a public nuisance.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
1. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of flood waters.
2. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally flood-proofed in accordance with division (D)(4)(e) above.
(b) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (E)(2)(a) above, or if allowed as a conditional use under division (E)(3)(c) below.
(c) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
(d) The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
(e) Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(f) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city.
(g) Accessory uses such as yards, railroad tracks and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(h) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.
(i) Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(j) Manufactured homes and recreational vehicles must meet the standards of division (G) below.
(3) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in division (G)(4) below. Conditional uses must meet the standards in divisions (E)(2)(d) through (E)(2)(j) above and division (E)(4) below.
(a) Any non-residential structure that is not elevated on fill or flood-proofed in accordance with division (E)(2)(a) above.
(b) Storage of any material or equipment below the regulatory flood protection elevation.
(c) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (E)(2)(a) above.
(4) Standards for flood fringe conditional uses.
(a) The standards listed in divisions (E)(2)(d) through (E)(2)(j) above apply to all conditional uses.
(b) Basements, as defined by § 152.003(B) of this chapter, are subject to the following.
1. Residential basement construction is not allowed below the regulatory flood protection elevation.
2. Non-residential basements may be allowed below the regulatory flood protection elevation; provided, the basement is structurally dry flood-proofed in accordance with division (E)(4)(d) below.
(c) All areas of non-residential structures, including basements, to be placed below the regulatory flood protection elevation must be flood-proofed in accordance with the structurally dry flood-proofing classifications in the state’s Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the state’s Building Code, which requires making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet flood-proofed to the FP-3 or FP-4 classification are not permitted.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
1. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.
3. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of the materials within the time available after a flood warning.
(f) 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls and the like, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structures basement or lowest floor if:
a. The enclosed area is above-grade on at least one side of the structure;
b. It is designed to internally flood and is constructed with flood resistant materials; and
c. It is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards.
i. Design and certification. The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state’s Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
ii. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
(A) The minimum area of openings in the walls where internal flooding is to be used as a flood-proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves or other coverings or devices; provided that, they permit the automatic entry and exit of flood waters without any form of human intervention; and
(B) The enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.
(F) General Floodplain District (GF).
(1) Permitted uses.
(a) The uses listed in division (D)(1) above are permitted uses.
(b) All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (F)(2) below. Division (D) above applies if the proposed use is determined to be in the Floodway District. Division (E) above applies if the proposed use is determined to be in the Flood Fringe.
(2) Procedures for floodway and flood fringe determinations.
(a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state or other source.
(b) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in division (F)(2)(c) below.
(c) The determination of floodway and flood fringe must include the following components, as applicable:
1. Estimate the peak discharge of the regional (1% chance) flood;
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
(d) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.
(e) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of divisions (D) and (E) above.
(G) Land development standards.
(1) In general. Recognizing that flood-prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the city.
(2) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
(a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the governing body. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
(d) In the General Floodplain District, applicants must provide the information required in division (F)(2) above to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(e) If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure of flood hazard.
(3) Building sites. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Utilities, railroads, roads and bridges public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain must be flood-proofed in accordance with the state’s Building Code or elevated to the regulatory flood protection elevation.
(5) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain must comply with divisions (D) and (E) above. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(6) On-site water supply and sewage treatment systems. Where public utilities are not provided:
(a) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
(b) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state’s current statewide standards for on-site sewage treatment systems is considered to be in compliance with this section.
(7) Manufactured homes, manufactured home parks and recreational vehicles.
(a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply.
1. Placement or replacement of manufactured home units is prohibited in the Floodway District.
2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of division (E) above and the following standards.
a. New and replacement manufactured homes must be elevated in compliance with division (E) above and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in division (G)(2) above.
(b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this section.
1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the following areas and meet the criteria listed in division (G)(7)(b)2. below:
a. Individual lots or parcels of record;
b. Existing commercial recreational vehicle parks or campgrounds; and
c. Existing condominium-type associations.
2. Criteria for exempt recreational vehicles:
a. The vehicle must have a current license required for highway use;
b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks;
c. No permanent structural type additions may be attached to the vehicle;
d. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district;
e. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in division (G)(7)2.b.; and
f. An accessory structure must constitute a minimal investment
3. Recreational vehicles that are exempt in division (G)(7)2.b. above lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and flood-proofing requirements of division (E) above. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
(Ord. 332, passed 5-19-2008)
§ 152.057 MISSISSIPPI HEADWATERS OVERLAY (MH) DISTRICT.
(A) Purpose.
(1) This section is intended to control development along the Mississippi River in areas which, prior to their annexation, were subject to the county’s Mississippi Headwaters Ordinance.
(2) This section is intended to regulate the lot area, length of lot, lot width at the waterline, setback of structures, sewage treatment systems, structure height and to protect the quality of the Mississippi River and shorelines, its vegetation, soils, water quality, floodplain areas and geology; and to regulate alterations of the shoreland vegetation and topography; maintain property values and prevent uncontrolled or poorly planned development; protect and conserve the historic, recreational, archaeological, cultural, fish and wildlife resources of the Mississippi River and adjacent lands.
(3) This section is also intended to comply with M.S. § 103F.221, Municipal Shoreland Management, as it may be amended from time to time, and regulations promulgated pursuant thereto, and intended to comply with M.S. §§ 103F.361 to 103F.377, as they may be amended from time to time.
(B) General provisions.
(1) The segment of the Mississippi River flowing through the city is classified by the Mississippi Headwaters Board as “scenic”. The scenic classification has a corridor width of 500 feet from both sides of the Mississippi River.
(2) This overlay shall apply to all lands within the jurisdiction of city shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Mississippi Headwaters Overlay District (MH). The district boundaries are generally defined as including the land area starting from the ordinary high-water mark (OHW) of the Mississippi River and proceeding landward 500 feet.
(3) All lands falling within the designated Mississippi Headwaters Corridor that are annexed into the city after the effective date of this chapter shall thereafter be governed by the standards and provisions of this overlay district.
(4) No structure or land shall be used within the MHB Overlay, except those uses and accessory uses permitted within the MHB Overlay.
(C) Building standards for the Mississippi Headwaters Corridor for lots of record in the office of the County Recorder as of 1-1-1981.
(1) Minimum setbacks and lot widths for lots of record in the office of the County Recorder as of 1-1-1981, within any zoning classification in the Mississippi Headwaters Corridor:
Lot width at OHW and building line | 150 feet |
Maximum impervious coverage | 25% |
Maximum structure height, except churches | 25 feet |
Structure setback from OHW | 100 feet |
Structure setback from top of bluff | 30 feet |
(2) Annexed property shall be serviced by city sewer and water systems immediately upon annexation.
(3) Where there is a conflict between setback requirements within this section, the most restrictive setback requirements shall apply.
(4) Conditional use permits for substandard lots of record as of 1-1-1981 in any zoning district in the Mississippi Headwaters Corridor.
(a) Lots of record in the office of the County Recorder as of 1-1-1981, which do not meet the requirements of this section, may be allowed as building sites if the use if allowed within the underlying zoning district; the lot has been in single and separate ownership for abutting lands at all times since 1-1-1981; was created compliant with official controls in effect at the time; and sewage treatment and setback requirements of shoreland control were met.
(b) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the purposes of development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this section.
(c) Additions to structures on substandard lots of record in the office of the County Recorder as of 1-1-1981 may be permitted under a conditional use permit.
(d) Substandard lots may be used as a building site under a conditional use permit; however conditional use permits for substandard lots are not permitted if they increase the non-conformity of the lot. Conditional use permits shall not be granted for any land that is designated as wetlands.
(e) In granting a conditional use permit, the Planning Commission shall give consideration to the following:
1. Mitigation of impacts to water quality and the environment;
2. Storm water management including direction and flow of drainage and storm water retention areas;
3. Connection to city sewer and water systems is required;
4. Preparation of a natural landscape protection plan which shows, among other things, shoreline restoration, side yard plantings, reduction in tree removal; and
5. Shoreline maintenance plan which is approved by the state’s Department of Natural Resources (DNR) or which is composed exclusively of plantings approved by the state’s DNR.
(D) Minimum standards for new plats or subdivisions of existing lots of record in the office of the County Recorder as of 1-1-1981. Minimum standards for new plats or subdivisions of existing lots of record in the office of the County Recorder as of 1-1-1981 shall be one acre, excluding wetlands. City sewer and water systems must be utilized where available.
(1) The minimum lot requirements for a new plat or subdivision of an existing lot of record in the office of the County Recorder as of 1-1-1981, in addition to a 50-foot vegetative buffer zone extending landward from the OHW:
Lot size, buildable area, acres, minimum | 1 |
Lot width at OHW and building line | 125 feet |
Maximum impervious coverage | 25% |
Maximum structure height, except churches | 25 feet |
Structure setback from OHW | 100 feet |
Structure setback from top of bluff | 30 feet |
(2) A natural landscape protection plan and storm water management plan must be prepared and approved in connection with any new development. A natural landscape protection plan must be designed with native vegetation to ensure bank stability, provide natural migration corridors for wildlife, birds and insects, as well as shading for fish habitat.
(3) New subdivisions governed by this section will be encouraged to include a system of trails and open space of at least 10% that will enhance the ability of the public to view and enjoy the Mississippi River and will provide connections to other open spaces and trails in the area and will be incorporated into the storm water management plan. Use of wetlands to enhance trails and open spaces will also be encouraged. Retention ponds are required for storm water runoff to the Mississippi River.
(E) Minimum standards for all Mississippi Headwaters Corridor Zoning Districts.
(1) Natural Landscape Protection Plan (NLPP). Before issuing a permit for expansion of a structure or new construction, a natural landscape protection plan shall be submitted to and approved by the city in compliance with this section. Criteria for the NLPP includes considerations for soil types, vegetation removal/restoration, erosion control before, during and after construction, the construction and maintenance of the 50-foot vegetative buffer.
(2) Significant cultural sites.
(a) Unplatted cemetery. No structure shall be placed nearer than 50 feet from the boundary of an unplatted cemetery or of a significant cultural site protected under M.S. § 307.08, as it may be amended from time to time.
(b) Significant cultural sites. No structure shall be placed on a significant cultural site in a manner that affects the value of the site unless adequate information about the site has been recovered and documented in a public repository as determined by the city and the state’s Historical Society.
(c) Review for presence of significant cultural sites. All zoning actions within the MHB Overlay District will be reviewed for the presence of significant historical or cultural sites. Thirty days’ notice will be made to the state’s Historical Society of pending development on or near significant cultural sites.
(3) Bluff impact zone. Structures and accessory structures or facilities, except stairways, lifts and landings, shall not be placed within bluff impact zones or shore impact zones.
(4) Steep slopes. Before issuing a permit for the construction of roads, driveways, structures or other improvements on steep slopes, the slope must be evaluated for possible soil erosion impacts and development visibility from public waters. The city will impose conditions to prevent erosion, preserve existing vegetative screening of structures, assuming summer leaf-on vegetation, as cost effective preventative measures to maintain the river amenity and decrease the cited contamination in this stretch for turbidity, threat to aquatic life, swimming and other potentially harmful results of poor management practices. No excavation shall be made between the building line and the water.
(5) Stairways, lifts and landings.
(a) Stairway and lift width. Stairways and lifts shall not exceed four feet in width on residential zoned lots. Wider stairways may be used for resort properties, public open space and recreational properties.
(b) Landing area. Landings for stairways and lifts on residential zoned lots shall not exceed 32 square feet in area.
(c) Construction requirements. Stairways, lifts and landings may be either placed into the ground or constructed above the ground on posts or pilings; provided that, they are designed and built in a manner that ensures control of soil erosion.
(d) Visibility minimized. Stairways, lifts and landings shall be located to minimize their visibility from public waters, assuming summer, leaf-on conditions.
(e) Canopies or roofs. Canopies or roofs are not allowed on stairways, lifts or landings.
(f) Handicap access. Facilities that provide access to shore areas for physically disabled persons are allowed; provided that, the dimensional and performance standards of this section are met.
(6) Decks. Decks not meeting the minimum structure setback requirement existing on 1-1-1981, may be added to; provided, the following criteria are met:
(a) The deck encroachment toward the ordinary high water mark does not exceed 15% of the existing shoreline setback from the ordinary high water mark or does not encroach closer than 30 feet, whichever is more restrictive; and
(b) The deck is constructed primarily of untreated wood and is not roofed or screened.
(7) Commercial and industrial uses.
(a) No new commercial, business or industrial uses shall be permitted within any Mississippi Headwaters Zoning District, except for home occupations permitted by conditional use permit, and congregate living or foster care homes permitted by law. Home occupations must be of a nature that does not threaten water quality (i.e., salvage yards, automotive repair or other uses where potential for hazardous spills may permeate sandy soils and migrate to river waters). No waste oil pits or below ground storage, or above ground storage of potentially harmful measures are allowed, nor home occupations where these substances may be used or stored, nor any other uses which may not further the goals of the Mississippi River Headwaters Plan.
(b) Non-conforming commercial, business or industrial uses in existence prior to their incorporation into any Mississippi Headwaters Zoning District may be continued. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. The City Council shall consider whether any detrimental impacts to water quality and the environment can be mitigated. In considering mitigation, the Council shall consider such factors as the direction of gutters to storm sewers, limitation of direct drainage into the Mississippi River, side yard plantings, reduction of tree removal, correction of a failing individual sewage treatment system, decrease in impervious area on site, shoreline maintenance pursuant to a plan approved by the Department of Natural Resources or plantings approved by the Department of Natural Resources to approve fish or wildlife habitat.
(8) Municipal services city ordinance provisions. All lands within any Mississippi Headwaters Zoning District shall be subject to the city ordinance provisions relating to the public water service and public sewerage service shall be serviced by city sewer and water systems.
(9) Docks. Docks may be built in compliance with the state’s Department of Natural Resources regulations.
(10) Maintenance. A maintenance regime for structures and roads in subdivisions, with financial assurances as needed, is required.
(F) Natural landscape protection plan.
(1) Requirement:
(a) To protect water quality and prevent shoreline erosion, a natural landscape protection plan shall be completed and reviewed, consistent with the provisions of this section; and
(b) All existing structures are required to construct or maintain a minimum of a ten-foot natural vegetative buffer.
(2) The purpose of a natural landscape protection plan is to:
(a) Retain or recreate original hydrologic conditions by minimizing use of pavements and impervious surfaces and retaining original runoff volume and velocities;
(b) Confine development and construction activities to the least critical areas by avoiding critical areas such as long, steep slopes, erodible soils and fragile vegetation;
(c) Fit development to terrain;
(d) Preserve and utilize the natural drainage system;
(e) Maintain a minimum of 50-foot chemically untreated vegetative buffer zone at the water's edge, as required in this section;
(f) Alteration of vegetation and topography should be limited to prevention of erosion into public waters, fixation of nutrients, stabilization of shorelines, preservation of historic, archeological or cultural values, prevention of bank slumping, protection of fish and wildlife habitat and conservation of natural resources; and
(g) The landscape plan should be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on site.
(G) Storm water management plans in Mississippi Headwaters Corridor.
(1) Consideration. Proper storm water management must be considered in all reviews, approvals and permits related to this section. A storm water management plan shall be submitted with any application.
(2) Review provisions. The following provisions shall be considered in reviewing proper storm water management.
(a) Natural features to be used. Existing natural drainage ways, wetlands and vegetated soils must be used to convey, store, filter and retain storm water runoff before discharge to public waters.
(b) Constructed facilities may be used. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such a diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made material and facilities. Holding structures must be designed and approved by a licensed engineer.
(c) Minimize disturbance. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on site.
(d) New development or expanded development. New development must meet the following standards.
1. Impervious surface coverage of the lot must not exceed 15% of total area.
2. Facilities constructed for storm water management must be consistent with the Department of Natural Resources field office technical guide, which is located at the county’s Soil and Water Conservation Service District Office.
3. Storm water outfalls to the Mississippi River must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
4. A natural landscape protection site plan must be prepared to guide construction and lot development in accordance with this section.
(H) Issues addressed by the natural landscape protection plan and the storm water management plan. In achieving their purpose, the natural landscape protection plan and the storm water management plan shall address the following issues:
(1) Topography. A topographic map showing the existing contour elevations at intervals of ten feet is the basis of the natural landscape protection plan. It is important to note slope steepness and slope length on this map. The longer and the steeper the slope, the greater the erosion potential;
(2) Drainage patterns. Locate and clearly mark all existing drainage swales and patterns on the topographic map. Consider where water will concentrate on the property. Natural drainage areas are overland flows, depressions, swales and natural watercourses. The natural drainage should be used to convey runoff on and off the site, but increased runoff should be limited so erosion does not occur;
(3) Soils. Determine and show major soil types on the topographic map. Plot directly on the map at the same scale for ease of interpretation. Soil types should be evaluated for potential for flood hazard, natural drainage, depth to seasonal water table, permeability, shrink-swell potential, texture and erodibility;
(4) Ground cover. Show the existing vegetation on the topographic map. Features such as tree clusters, grassy areas and unique vegetation should be shown on the map. Any denuded or exposed soil areas should also be shown on the topographic map. If at all possible, existing vegetation should be maintained to minimize erosion. If existing vegetation cannot be maintained, then construction should be staged, (one site completed before the second is begun), to minimize erosion. Alternatives are temporary seeding, mulching or temporary structure controls, such as settling basins, silt fences or bale dams. A vegetative buffer of natural grasses, shrubs and trees should be maintained for at least 25 feet at the waters edge. This buffer zone helps protect water quality, provide habitat for wildlife and maintains the natural aesthetics of the shoreline; and
(5) Adjacent areas. Delineate areas adjacent to the site on the topographic map. Such features as streams, roads, houses or other buildings and wooded areas should be shown. Streams which will receive runoff from the site should be noted. Consider the potential for increased runoff during the construction and where the runoff will go.
(I) Accessory uses within Mississippi Headwaters Corridor. All accessory uses must meet or exceed structure setback standards. The term “accessory uses”, as used herein, does not include stairways, lifts and docks. The following standards must also be met.
(1) The structure or facility must not exceed ten feet in height, exclusive of safety rails. The structure or facility cannot occupy an area greater than 250 square feet, or, if used solely for watercraft storage, including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet; provided, the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Detached decks must not exceed eight feet above grade at any point.
(2) The setback of the structure or facility from the ordinary high water mark shall not be less than the setback from the principal structure.
(3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means.
(4) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(5) The accessory use must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(J) Shoreland alteration within the Mississippi Headwaters Corridor.
(1) Purpose. Alterations of vegetation and topography will be regulated to prevent erosion to public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, preserve a corridor for movement of wildlife, protect fish and wildlife habitat, conserve cultural resources and to preserve the scenic and aesthetic character of the shoreland within the Mississippi Headwaters Corridor.
(2) Vegetative management provisions.
(a) Intensive vegetation clearing. Intensive vegetation clearing within the OHW setback and bluff impact zones and on steep slopes is not allowed.
(b) Alteration. Shoreland alteration should avoid negative impacts, such as use of steep slopes; increased soil erosion; development visibility; preservation of existing vegetative screening from the Mississippi River, assuming summer leaf-on conditions; avoidance of wetlands; avoidance of excavation between the building line and the Mississippi River; avoidance of intensive vegetative clearing within the OHW setback; shading of water surfaces should be maintained or enhanced; limitation of impermeable material to no more than 15% of the building site; management of long-lived species along the river front shall be directed toward promotion of large sized trees by using rotations based on biological age rather than economic age; cuttings shall be conducted in compliance with a natural landscape protection plan and best management practices.
(c) Limited clearing. In setback areas and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways, landings and access paths; provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer leaf-on conditions, is maintained;
2. Shading of water surfaces is maintained; and
3. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(K) Grading, filling, alterations in the bed of public waters within the Mississippi Headwaters Corridor.
(1) Permit required. Any grading or filling work done within the Mississippi Headwaters Corridor Districts, controlled by this section, shall require a permit and shall comply with the following.
(a) Grading and filling of the natural topography which is not accessory to a permitted or conditional use may be permitted if consistent with the natural landscape protection plan.
(b) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit. A grading and filling permit may be issued only if the following conditions of division (K)(2) below are met. Grading and filling shall be performed in a manner which minimizes earth moving, erosion, storm water runoff, tree clearing and the destruction of natural amenities. Excavation on lots abutting the Mississippi River shall not be permitted between the building line and the ordinary high-water mark.
(2) Grading and filling standards. Grading and filling of the natural topography shall also meet the following standards.
(a) A one-time permit of ten cubic yards of fill material shall be allowed. Additional grading and filling work within the Mississippi Headwaters Corridor shall require a conditional use permit and shall comply with the following best management practices:
1. The smallest amount of bare ground is exposed for as short a period of time as feasible;
2. Temporary ground cover, such as mulch, is used until a permanent ground cover, such as sod, is planted;
3. Methods to prevent erosion and to trap sediment are employed;
4. Fill is stabilized to accepted engineering standards;
5. Fill or excavated material is not placed in a manner that creates an unstable slope;
6. Plans to place fill or excavated material on steep slopes is reviewed by a licensed engineer for continued slope stability and in no case may create finished slopes of 30% or greater;
7. Fill or excavated materials are not placed within bluff impact zones; and
8. Disturbed areas are restored in the same building season.
(b) Applications for an activity within the Mississippi Headwaters Corridor will be considered if there are no outstanding violations on the property or by the applicant.
(3) Altering current or cross-section of public waters. Excavation of materials from, filling in construction of any permanent structures or navigational obstructions, or any work that will change or diminish the course, current or cross-section of the Mississippi River is prohibited unless authorized by a permit from the Commissioner of the Department of Natural Resources or the Army Corps of Engineers.
(4) Drainage, filling or banking of wetlands.
(a) Drainage or filling in of wetlands is not allowed within the Mississippi Headwaters Corridor under this section. The county is the local government unit for wetland activities that occur in the county. Any draining or filling of wetlands must be approved by the Wetland Technical Evaluation Panel (TEP) and the county. The county will further consult with the Department of Natural Resources and the Army Corps of Engineers.
(b) Wetland banking that is allowed by variance due to a hardship should be conducted in the Upper Mississippi River Corridor in order to benefit the river.
(L) Cooperative efforts.
(1) The city cooperates with the county’s Soil and Water Conservation District in working with the River Watch Program to monitor river water quality.
(2) The city participates in the River Defense Network in order to actively prevent contamination of the river by spills.
(3) Periodic water quality monitoring will occur to determine the success of the program or to identify improvements needed.
(Ord. 332, passed 5-19-2008; Ord. 394, passed 8-5-2019) Penalty, see § 152.999
§ 152.058 SHORELAND OVERLAY (SH) DISTRICT.
(A) Statutory authorization. The Shoreland Overlay District (SH) is adopted pursuant to the authorization and policies contained in M.S. Ch. 103F, as it may be amended from time to time, Minn. Rules parts 6120.2500 through 6120.3900 and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time.
(B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and, thus, preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.
(C) Jurisdiction. The provisions of this overlay district shall apply to the shorelands which includes all lands within 300 feet from the ordinary high water mark of any river or stream and 1,000 feet from the ordinary high water mark of a lake, pond or flowage, or the landward extend of floodplain designated by ordinance on a river or stream, whichever is greater. The outer boundary shall generally following property lines and road centerlines, and as shown on the Shoreland Overlay District Map contained in this chapter.
(D) Shoreland classification system. The public waters of the city include the following:
(1) Ripple River.
(a) Forested from confluence with Mississippi River to the southern boundary of the NE quarter of the SW quarter of S24-T47N-R27W.
(b) Urban from southern boundary of NE quarter of the SW quarter of S24-T47N-R27W to western boundary of the NE quarter of the NE quarter of S26-T47N-R27W.
(c) Forested from the western boundary of the NE quarter of the NE quarter of S26-47N-27W to the western boundary of the NE quarter of the SE quarter of S26-T47N-R27W.
(d) Urban from the western boundary of the NE quarter of the SE quarter of S26-T47N-R27W to the southern boundary of the SW quarter of the SW quarter of S25-T47N-R27W, 2018 city side only (county side is forested).
(e) Forested from southern boundary of the SW quarter of the SW quarter of S25-T47N-27W to southern boundary of S36-T47N-R27W forested.
(2) Unnamed stream. Tributary from S36-T47N-R27W to S1-T46N-27W; and
(3) The Mississippi River is also a public water, but the shorelands of this river shall follow the guidelines provided in the Mississippi Headwaters Overlay District (MH) contained in § 152.057 of this chapter.
Land uses | Forested | Urban | Tributary | Scenic |
Land uses | Forested | Urban | Tributary | Scenic |
Single residential | P | P | P | P |
Duplex, triplex, quad residential | P | P | P | P |
Residential PUD | C | C | C | C |
Water-dependent commercial - as accessory to a residential planned unit development | C | C | C | C |
Commercial | C | P | P | P |
Commercial PUD - limited expansion of a commercial PUDs involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of § 152.071 are satisfied | C | C | C | C |
Guest quarters | N | N | N | N |
Controlled access lots | N | N | N | N |
Parks and historic sites | C | C | C | C |
Public, semipublic | C | P | P | C |
Industrial | C | C | C | C |
Agricultural: crop land and pasture | P | P | P | P |
Agricultural feedlots - new | N | N | N | N |
Agricultural feedlots - expansion or resumption of existing | C | C | C | C |
Forest management | C | C | C | P |
Forest land conversion | C | C | C | C |
Extractive use | N | N | N | N |
Mining of metallic minerals and peat | N | N | N | N |
(E) Lot area and lot width standards. The lot area (in square feet) and the lot width standards (in feet) for single, duplex, triplex and quad residential lots are as follows.
(1) Lot area. The required minimum lot area of the underlying zoning district shall apply.
(2) Lot width. Lots shall meet the lot width standards contained herein both at the OHW and at the building line. The following lot width standards shall apply:
Forested
|
Urban and tributary
| ||
No sewer | Sewer | ||
Single | 200 | 100 | 75 |
Duplex | 300 | 150 | 115 |
Triplex | 400 | 200 | 150 |
Quad | 500 | 250 | 190 |
Commercial/Industrial | 100 | 100 | 100 |
(F) Setbacks. Placement of structures and sewage treatment systems on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions:
Structures No Sewer | Structures Sewer | Sewage Treatment System | |
Forested | 150 | 150 | 100 |
Urban | 100 | 50 | 75 |
Right-of-way-of local streets | 20 | 20 | 20 |
Right-of-way of state or county highway | 50 | 50 | 50 |
Top of bluff | 30 | 30 | 30 |
Unplatted cemetery | 50 | 50 | 50 |
(G) Bluff impact zones. Structures and accessory structures or facilities, except stairways and landings, shall not be placed within bluff impact zones.
(H) Design criteria for development within the SH Overlay District.
(1) High water elevations. Properties elevations shall comply with floodplain ordinance minimum elevations located in § 152.056(B)(3) of this chapter. In the absence of floodplain data, structures shall be placed with the lowest floor of the structure at least three feet above the flood of record, if data are available. If data are not available, structures must be placed with the lowest floor at least three feet above the OHW or by conducting a technical evaluation to determine effects of the proposed construction upon flood stages and flood flows and to establish a flood protection elevation. All such technical evaluations, regardless of approach, shall be performed by a qualified licensed engineer or hydrologist consistent with Minn. Rules parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest protection elevation determined must be used for placing structures and other facilities.
(2) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements.
(a) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties and planned unit developments.
(b) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties and planned unit developments.
(c) Canopies or roofs are not allowed on stairways, lifts or landings.
(d) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground; provided, they are designed and built in a manner that ensures control of soil erosion.
(e) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas; provided that, the dimensional and performance standards of divisions (H)(2)(a) to (H)(2)(e) above are complied with in addition to the requirements of Minn. Rules Ch. 1341.
(3) Significant historical sites. No structure may be placed on a significant historical site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
(4) Steep slopes. The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters prior to the issuance of a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(5) Height of structures. All structures in residential districts, except churches and non-residential agricultural structures, must not exceed 25 feet in height.
(I) Shoreland alterations. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by division (K) below are exempt from the vegetation alteration standards that follow.
(2) Removal or alteration of vegetation, except for agricultural uses as regulated in division (N) below is allowed subject to the following standards.
(a) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
(b) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities; provided that:
1. The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved; and
3. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(J) Topographic alterations/grading and filling.
(1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by division (K) below.
(3) Notwithstanding divisions (J)(1) and (J)(2) above, a grading and filling permit will be required for:
(a) The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
(b) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(4) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals.
(a) The grading, filling or alteration of a wetland shall be prohibited unless approved by the state or federal authorities in cases where no other alternatives exist for development.
(b) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
(c) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.
(d) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
(e) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
(f) Fill or excavated material must not be placed in a manner that creates an unstable slope.
(g) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
(h) Fill or excavated material must not be placed in bluff impact zones.
(i) Any alterations below the ordinary high water mark of public waters must first be authorized by the Commissioner of the Department of Natural Resources under M.S. Ch. 103G, as it may be amended from time to time.
(j) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
(k) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if no other alternatives exist. The permitted riprap placement shall have a finished slope that does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water mark and the height of the riprap above the ordinary high water mark shall not exceed three feet.
(5) Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters.
(K) Placement and design of roads, driveways and parking areas.
(1) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
(2) Roads, driveways and parking areas must meet structure setbacks and must not be placed within bluff and Shore Impact Zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
(3) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within Shore Impact Zones; provided, the vegetative screening and erosion control conditions of this division (K) are met. For private facilities, the grading and filling provisions of division (J) above must be met.
(L) Storm water management. The following standards shall apply to all properties within the Shoreland Overlay District (SH).
(1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters.
(2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and human-made materials and facilities.
(4) Impervious surface coverage of lots must not exceed 25% of the lot area.
(5) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
(6) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(M) Standards for commercial, industrial, public and semi-public uses.
(1) Surface water-oriented commercial uses and industrial, public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards.
(a) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
(b) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.
2. Signs may be placed, when necessary, within the Shore Impact Zone if they are designed and sized to be the minimum necessary to convey needed information. Signs must only convey the location and name of the establishment and the general types of goods or services available. Signs shall not be permitted for any other purpose, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.
3. Other outside lighting may be located within the Shore Impact Zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
(2) Uses without water-oriented needs must be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water mark setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(N) Agriculture use standards.
(1) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and Shore and Bluff Impact Zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The Shore Impact Zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water mark.
(2) Animal feedlots must meet the following standards.
(a) New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water mark of all public waters basins.
(b) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water mark or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water mark setback or encroach on bluff impact zones.
(O) Extractive uses. Extractive uses, excavation, extractive material processing and extractive accessory uses shall be prohibited within the Shoreland Overlay District.
(P) Mandatory EAW. An environmental assessment worksheet consistent with Minn. Rules Chpter 4410 must be prepared for projects meeting the thresholds of Minn. Rules, part 4410.4300, subparts 19a, 20a, 25, 27, 28, 29, and 36a.
(Q) Water-oriented accessory structures or facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:
(1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios;
(2) The structure or facility is not in the bluff impact zone;
(3) The setback of the structure or facility from the ordinary high water level must be at least ten feet;
(4) The structure is not a boathouse or boat storage structure as defined under M.S. § 103G.245;
(5) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(6) The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area;
(7) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(Ord. 332, passed 5-19-2008; Ord. 394, passed 8-5-2019)
§ 152.059 AIRPORT OVERLAY DISTRICT (AP) DISTRICT.
(A) General provisions.
(1) Purpose and authority. The city’s Airport Joint Airport Zoning Board, created and established by joint action of the City Council and the Board of Commissioners of the county and the Town Board of Spencer Township, pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, hereby finds and declares that:
(a) An airport hazard endangers the lives and property of users of the Aitkin Airport, and property or occupants of land in its vicinity; and also if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein;
(b) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Aitkin Airport;
(c) For the protection of the public health, safety, order, convenience, prosperity and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards;
(d) The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;
(e) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds;
(f) The Aitkin Airport is an essential public facility that serves an important public transportation role and provides a public good;
(g) This section establishes the Airport Zoning Overlay District to “better manage significant areas with specific needs that cross Zoning District Boundaries. All sites within an overlay district shall continue to bear their original zoning, but shall also comply with the provisions of the overlay district appended”. (Section 6.1.A). City ordinance recognizes that Overlay (Airport Zoning) Maps are considered part of the official Zoning Map and all land uses must comply with the provisions of the applicable overlay district;
(h) Section 21 of the Aitkin County Zoning Ordinance recognizes the Airport Zoning Ordinance to “promote public health, safety, and general welfare and to protect the lives and property of users of the Aitkin County Airports and of the owners and occupants of land in their vicinities”. (Section 21.01);
(i) The county’s Comprehensive Land Use Plan recognizes the importance of aviation industry to the community and recommends that the county:
1. Support continued development and maintenance of the airport system serving the county’s Airport Zoning Ordinance;
2. Work with each city or airport manager to assure plans are developed to reserve space for future airport expansion; and
3. Assure that zoning districts surrounding existing airports are compatible with airport use and expansion and have adequate space for associated business development.
(j) This subchapter amends and replaces the city’s Airport Zoning Ordinance adopted May, 1972.
(2) Short title. This subchapter shall be known as the “Aitkin Airport Zoning Ordinance”. Those sections of land affected by this subchapter are indicated in Appendix B at the end of this chapter.
(3) Definitions. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Aitkin Airport located in Sections 18 and 19, Township 47 North, Range 26 West.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 1,206 feet above mean sea level.
AIRPORT HAZARD. Any structure, tree or use of land which obstructs the air space required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.
AITKIN AIRPORT COMMISSION. A five-member commission with the authority to make decisions on the Aitkin Airport which is funded two-thirds by the county and one-third by the city.
COMMISSIONER. The Commissioner of the state’s Department of Transportation.
CONFORMING USE. Any structure, tree or object of natural growth, or use of land that complies with all the applicable provisions of this subchapter or any amendment to this subchapter.
DWELLING. Any building or portion thereof designed or used as a residence or sleeping place of one or more persons.
ESTABLISHED RESIDENTIAL NEIGHBORHOOD IN A BUILT UP URBAN AREA (ERN - BUUA). An area which, if it existed on or before 1-1-1978 shall be considered a conforming use that shall not be prohibited.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this subchapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
LANDING AREA. The area of the airport used for the landing, taking off or taxiing of aircraft.
LOW DENSITY RESIDENTIAL LOT. A single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is the type of residences.
LOW DENSITY RESIDENTIAL STRUCTURE. A single-family or two-family home.
NON-CONFORMING USE. Any pre-existing structure, tree, natural growth or land use which is inconsistent with the provisions of this subchapter or an amendment hereto.
NON-PRECISION INSTRUMENT RUNWAY. A runway having an existing or planned straight-in instrument approach procedure utilizing air navigation facilities with only horizontal guidance, and for which no precision approach facilities are planned or indicated on an approved planning document.
OTHER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by jet aircraft or aircraft of more than 12,500 pounds maximum gross weight; or is 4,900 feet or more in length.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
PLANNED. Those proposed future airport developments that are so indicated on a planning document having the approval of the Federal Aviation Administration, state’s Department of Transportation Office of Aeronautics and the Aitkin Airport Commission.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), a microwave landing system (MLS) or a precision approach radar (PAR), a transponder landing system (TLS) or a satellite-based system capable of operating to the same level of precision guidance provided by the other included systems. Also, a runway for which a precision instrument approach system is planned and is so indicated on an approved planning document.
RUNWAY. Any existing or planned paved surface or turf covered area of the airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.
STRUCTURE. An object constructed or installed by humans, including, but without limitations, buildings, towers, smokestacks, earth formations and overhead transmission lines.
TRAVERSE WAYS. For the purpose of determining height limits as set forth in this subchapter, shall be increased in height by 17 feet for interstate highways; 15 feet for all other public roadways; ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; 23 feet for railroads; and for waterways and all other traverse ways not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.
TREE. Any object of natural growth.
UTILITY RUNWAY. A runway that is constructed for, and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less; and is less than 4,900 feet in length.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an approved planning document.
WATER SURFACES. The same meaning as land for the establishment of protected zones.
(4) Conflicts. Where there exists a conflict between any of the regulations or limitations prescribed in this subchapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or regulation shall govern and prevail.
(B) Rules and regulations.
(1) Air space obstruction zoning.
(a) Air space zones. In order to carry out the purpose of this subchapter, as set forth above, the following air space zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone, Approach Zone, Precision Instrument Approach Zone and Transitional Zone, and whose locations and dimensions are as follows.
1. Primary Zone.
a. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and:
i. Runway 16-34: extends 200 feet beyond each end; and
ii. Runway 8-26:
A. Coincides with the 3,145-foot visual turf runway; and
B. Three thousand seven hundred foot non-precision bituminous runway: extends 200 feet beyond each end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
b. The width of the primary surface is:
i. One thousand feet for Runway 16-34; and
ii. Five hundred fifty-six feet to accommodate the combined surfaces of both the 3,145 foot visual turf runway and the 3,700 foot non-precision bituminous runway.
2. Horizontal Zone. All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,356 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of the horizontal surface arc is 10,000 feet for Runway 16-34 which encompasses the arc of the crosswind runway.
3. Conical Zone. All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet as measured outward from the periphery of the horizontal surface.
4. Approach Zone. All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the subchapter’s approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The approach surface inclines upward and outward at a slope of:
a. Twenty to one for the 3,145-foot visual turf runway: the approach surface expands uniformly to a width of 1,250 feet at a distance of 5,000 feet, then continues at the same rate of divergence to the periphery of the conical surface; and
b. Twenty to one for the 3,700 foot non-precision bituminous runway: the approach surface expands uniformly to a width of 2,000 feet at a distance of 5,000 feet, then continues at the same rate of divergence to the periphery of the conical surface.
5. Precision Instrument Approach Zone. All that land which lies directly under an imaginary precision instrument approach surface longitudinally centered on the extended centerline at each end of Runway 16-34, a precision instrument runway. The inner edge of the precision instrument approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The precision instrument approach surface inclines upward and outward at a slope of 50:1 for a horizontal distance of 10,000 feet expanding uniformly to a width of 4,000 feet, then continues upward and outward for an additional horizontal distance of 40,000 feet at a slope of 40:1, expanding uniformly to an ultimate width of 16,000 feet.
6. Transitional Zone. All that land which lies directly under an imaginary surface extending upward and outward at right angles to the runway centerline and centerline extended at a slope of 7:1 from the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface. Transitional surfaces for those portions of the precision instrument approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the precision instrument approach surface and at right angles to the extended precision instrument runway centerline.
(b) Height restrictions. Except as otherwise provided in this subchapter, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained or allowed to grow in any air space zone created in division (A) above so as to project above any of the imaginary air space surfaces described in the division (A) above. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(c) Boundary limitations. The air space obstruction height zoning restrictions set forth in this section shall apply for a distance not to exceed one and one-half miles beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
(2) Land use safety zoning.
(a) Safety zone boundaries. In order to carry out the purpose of this subchapter, as set forth above, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Aitkin Airport and, furthermore, to limit population and building density in the runway approach areas, thereby creating sufficient open space to protect life and property in case of an accident, there are hereby created and established the following land use safety zones.
1. Safety Zone A. All land in that portion of the approach zones of a runway, as defined in § 153.15(A) of this subchapter, which extends outward from the end of the primary surface a distance equal to two-thirds of the planned length of the runway, which distance shall be:
a. Three thousand three hundred thirty-four feet for Runway 16-34;
b. Two thousand ninety-seven feet for the 3,145-foot visual turf runway; and
c. Two thousand four hundred sixty-seven feet for the 3,700-foot non-precision bituminous runway.
2. Safety Zone B. All land in that portion of the approach zones of a runway, as defined in § 153.15(A) of this subchapter, which extends outward from Safety Zone A a distance equal to one-third of the planned length of the runway, which distance shall be:
a. One thousand six hundred sixty-six feet for Runway 16-34;
b. One thousand forty-eight feet for the 3,145-foot visual turf runway; and
c. One thousand two hundred thirty-three feet for the 3,700-foot non-precision bituminous runway.
3. Safety Zone C. All land which is enclosed within the perimeter of the horizontal zone, as defined in § 153.15(A) of this subchapter, and which is not included in Safety Zone A or Safety Zone B.
4. Exceptions established residential neighborhoods. There are no areas designated as established residential neighborhoods in built up urban areas based upon the status of development existing on 1-1-1978.
(b) Restrictions.
1. General. Subject at all times to the height restrictions set forth in division (B)(1)(b), above, no use shall be made of any land in any of the safety zones defined in division (B)(2)(a) above, which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft.
2. Zone A. Subject at all times to the height restrictions set forth in division (B)(1)(b) above and to the general restrictions contained in division (B)(2)(b)1. above, areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines or other similar above-ground land use structural hazards, and shall be restricted to those uses which will not create, attract or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, light outdoor recreation (non-spectator), cemeteries and automobile parking without lighting or other above ground structures.
3. Zone B. Subject at all times to the height restrictions set forth in division (B)(1)(b) above, and to the general restrictions contained in division (B)(2)(b)1. above, areas designated as Zone B shall be restricted in use as follows.
a. Each use shall be on a site whose area shall not be less than three acres.
b. Each use shall not create, attract or bring together a site population that would exceed 15 times that of the site acreage.
c. Each site shall have no more than one building plot upon which any number of structures may be erected.
d. A building plot shall be a single, uniform and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:
Site Area | Ratio of Building Site Area to Building Plot Area | Maximum Site Plot Area (sq. ft.) | Population (15 persons/acre) | |
At Least (acres) | But Less Than (acres) | |||
3 | 4 | 12:1 | 10,900 | |
4 | 6 | 10:1 | 17,400 | |
6 | 10 | 8:1 | 32,600 | |
10 | 20 | 6:1 | 72,500 | |
20 | and up | 4:1 | 218,000 | |
e. The following uses are specifically prohibited in Zone B: churches; hospitals; schools; theaters; stadiums; hotels; motels; trailer courts; campgrounds; and other places of frequent public or semi-public assembly.
4. Zone C. Zone C is subject only to height restrictions set forth in division (B)(1)(b) above and to the general restrictions contained in division (B)(2)(b)1. above.
5. Exemptions; established residential neighborhoods. There are no areas designated as established residential neighborhoods in built up urban areas based upon the status of development existing on 1-1-1978.
(c) Boundary limitations. The land use zoning restrictions set forth in this section shall apply for a distance not to exceed one mile beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
(d) Boundary assurances. A certified survey prepared by a licensed land surveyor shall be required to be submitted with a building/zoning permit application for properties that are entirely or partially contained within Land Use Safety Zones A and B, unless the Zoning Administrator determines the proposed building site is clearly outside the safety zones. For any location within the air space jurisdiction of this subchapter, the Zoning Administrator may require a survey that shows the elevation of a proposed structure will conform to the air space requirements of this subchapter.
(3) Airport map. The several zones herein established are shown in Appendix B to this chapter, the exhibits are attached hereto and made a part hereof, which, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries and other information thereon, shall be and the same is hereby adopted as part of this subchapter. Refer to the local land use authority for underlying land use and zoning designations, as well as division (A)(4) above for guidance on conflicts between regulations.
(4) Performance standards. To avoid the creation of a use that may have adverse impacts on overhead flight or to persons or property on the ground, no land use within the airport’s proximity, regardless whether permitted under the applicable airport zoning regulations, can operate or perform in a way that exceeds the following performance standard limits:
(a) Is tall enough to be hazardous to the navigation of aircraft, including tall buildings, smokestacks, construction cranes, trees, cell towers and wind energy conversion systems;
(b) May interfere with electronic navigation aids such as radar facilities and instrument landing systems that provide for the safe movement of aircraft. These aides may be located on-airport or off. Non-aviation electronic sources placed near electronic navigation aids may cause interference. Similarly, new structures may block the navigation aid signals. Both these types of situations must be reviewed prior to the placement of the uses and structures;
(c) May cause a visual distraction to pilots approaching the airport. Distractions can occur from outdoor lights near an airport (e.g., high mast lighting or stadium lighting), from highly reflective exterior building materials or from water surfaces. Smoke or steam generated by nearby businesses, industry or field burning can also create severe visual difficulties for pilots. Activities that generate a lot of dust can cause similar problems; and
(d) Is deemed to have the potential to create a wildlife hazard to airport operations as determined by the Federal Aviation Administration (FAA), U.S. Department of Agriculture (USDA), U.S. Fish and Wildlife Services (USFWS) and Mn/DOT Aeronautics.
(5) Non-conforming uses. Regulations are not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this subchapter, or otherwise interfere with the continuance of any non-conforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this subchapter, and is diligently prosecuted and completed within two years thereof.
(6) Hazard marking and lighting.
(a) Non-conforming uses. The owner of any non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the Zoning Administrator, to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the Aitkin Airport Commission.
(b) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, and granted by the Zoning Administrator or Board, shall require the owner of the structure or tree in question, at his or her own expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(C) Administration and enforcement.
(1) Permits.
(a) Future uses. Except as specifically provided in divisions (C)(1)(a)1. and (C)(1)(a)2. below, no material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted by the Zoning Administrator, hereinafter, provided for. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
1. However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway, except when the tree or structure, because of terrain, land contour or topographic features, would extend the height or land use limit prescribed for the respective zone.
2. Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this subchapter as set forth in division (B)(1)(b) above and the land use limitations set forth in division (B)(2) above.
(b) Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired or rebuilt within any zone established herein, a permit must be secured authorizing the replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this subchapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming structure or tree has been abandoned or more than 80% torn down, deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under this division (C)(1)(c) or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed non-conforming structure, at his or her own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this subchapter. In the event the owner of the non-conforming structure shall neglect or refuse to comply with the order for ten days after receipt of written notice of the order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed non-conforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(2) Variances.
(a) Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this subchapter may apply to the Board of Adjustment, hereinafter provided for, for a variance from the regulations. If the Board of Adjustment fails to grant or deny the variance within the time frame established within M.S. §
(b) The respective Zoning Administrator shall forward the request to the state’s Department of Transportation Office of Aeronautics and the other jurisdiction’s Zoning Administrator for review and comment prior to consideration of the request by the Board of Adjustment.
(3) Airport Zoning Administrator. It shall be the duty of the City and County Zoning Administrators to administer and enforce the regulations prescribed herein, based on the area in which they have land use authority. Applications for permits and variances shall be made to the appropriate jurisdiction’s Zoning Administrator upon a form furnished by them. Permit applications shall be promptly considered and granted or denied by them in accordance with the regulations prescribed herein or as provided for within M.S. § 15.99, as it may be amended from time to time. Variance applications shall be forthwith transmitted by the appropriate jurisdiction’s Zoning Administrator to the Board of Adjustment for action as hereinafter provided for.
(4) Board of Adjustment.
(a) Establishment. The Board of Adjustment for this subchapter shall exclude elected officials and be defined as follows:
1. City Planning Commission for requests in the corporate city limits or within the boundary of an orderly annexation agreement area; and
2. County Board of Adjustment for other requests in the unincorporated area. If elected officials serve on a Board of Adjustment, they shall abstain from voting.
(b) Powers. The Board of Adjustment shall have and exercise the following powers:
1. Hear and decide appeals from any order, requirement, decision or determination made by the Administrator in the enforcement of this subchapter;
2. Hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under such regulations may be required to pass; and
3. Hear and decide specific variances.
(c) Procedures.
1. A request for a variance or an appeal to the Zoning Administrator’s ruling shall be filed with the Zoning Administrator. The respective Zoning Administrator shall forward the request to the state’s Department of Transportation Office of Aeronautics and the other jurisdiction’s Zoning Administrator for review and comment prior to consideration of the request by the Board of Adjustment.
2. Rules governing the Board of Adjustment shall be consistent with those established by the body serving as the Board of Adjustment and the provisions of this subchapter. Meetings of the Board of Adjustment shall be held at the call of the Zoning Administrator or Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of both Zoning Administrators and the County Recorder’s Office and shall be a public record.
3. The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
4. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect any variation in this subchapter.
(5) Appeals.
(a) Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this subchapter may appeal to the Board of Adjustment. The appeals may also be made by any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Zoning Administrator is an improper application of this subchapter as it concerns the governing body or board.
(b) All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this subchapter who desires to appeal the decision shall submit an application for a variance, by certified mail, to the Zoning Administrator in the manner set forth in M.S. § 360.068, subd. 2, as it may be amended from time to time.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown.
(d) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
(e) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Zoning Administrator.
(6) Judicial review. Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Board of Adjustment is illegal may present to the District Court of the county a verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after receipt of notice of the decision. The petitioner must exhaust the remedies provided in this subchapter before availing himself or herself of the right to petition a court as provided by this section.
(Ord. 332, passed 5-19-2008; Ord. passed 3-15-2011)