This shoreland chapter is adopted pursuant to the authorization and policies contained in Minnesota statutes 103G, Minnesota regulations parts 6120.2500 to 6120.3900, and the planning and zoning enabling legislation in Minnesota statutes chapter 462. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; 2005 Code)

The uncontrolled use of the shorelands of Albertville 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 interest of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The shorelands within the city are hereby designated as shoreland districts, and the requirements set forth in this chapter shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration and development of these areas according to said classification. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in section 4904.0 of this chapter. Pursuant to Minnesota regulations parts 6120.2500 to 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities or twenty five (25) acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The use of any shoreland of public waters; the size and shape of lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The city is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of these requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 4903.1 of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4903.11.A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 4905.3 of this chapter. Application for a permit shall be made to the building official on the forms provided. The application shall include the necessary information so that the building official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

4903.12.Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by section 4905.8 of this chapter, shall be reconstructed or replaced in accordance with the provisions of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 4903.1 of this chapter. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in section 4902.3 of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4903.31.Variances may only be granted in accordance with Minnesota statutes chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

4903.32.The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in section 4903.42 of this chapter shall also include the board of adjustment's summary of the public record/testimony and the findings of fact and conclusions which supported the issuance of the variance.

4903.33.For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4903.41.Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner of the state department of natural resources or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat.

4903.42.A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls, must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; 2005 Code)

The public waters of the city have been classified below consistent with the criteria found in Minnesota regulations part 6120.3300 and the protected water inventory map for Wright County:

4904.11.Definition: The shoreland area for the water bodies listed in section 4904.12 of this chapter shall be as defined in section 200.2 of this ordinance, definition of "shoreland" under the term "shoreland related definitions", and as shown on the official zoning map.

4904.12.Lakes:

 

 

(Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; Ord. 2004-03, 1-5-2004)

!!! 4904.21.Overlay District: The shorelands of the city are hereby designated as shoreland overlay districts. These districts are further divided into S-1 and S-2 districts as shown on the zoning map. The S-1 designation applies to most of the shorelands of Albertville. The S-2 designation applies only to a small portion of the shorelands located in and near the downtown business area.

   A.   Requirements applicable to the S-1 district are as follows: In addition to the requirements imposed by section 4904.22 of this chapter, this chapter shall be applied to and be superimposed (overlayed) upon those land areas where this chapter applies, as defined in section 200.2 of this ordinance, definition of "shoreland" under the term "shoreland related definitions". As such, the requirements of this chapter shall be in addition to underlying zoning districts and land use regulations applied by the city within the purview of this ordinance. Under this joint application of zoning regulations, the more restrictive requirements shall apply.

   B.   Only the following requirements shall be applicable to the S-2 district: All provisions of the underlying zoning district(s), and section 4905.8 of this chapter shall apply in the S-2 overlay district.

4904.22.Conditional Uses: All commercial, industrial, public/semipublic, agricultural, extractive uses and mining of metallic minerals and peat within the jurisdiction of this chapter, as defined in section 200.2 of this ordinance, definition of "shoreland" under the term "shoreland related definitions", and which lie within overlay district S-1 are hereby designated conditional uses, except essential governmental service uses whose use classifications shall remain unchanged by the shoreland overlay district. This section shall not apply to the S-2 district. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the effective date hereof for the lake classifications are the following:

4905.11.Unsewered Lakes:

 

   A.      Natural Environment:

 

 

4905.12.Sewered Lakes:

 

   A.      Natural Environment:

 

 

4905.13.Additional Special Provisions:

   A.   Residential subdivisions with dwelling unit densities exceeding those in the tables in sections 4905.11 and 4905.12 of this chapter can only be allowed if designed and approved as residential planned unit developments under section 4908.0 of this chapter. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in section 4905.12 of this chapter can only be used if publicly owned sewer system service is available to the property.

   B.   Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the following standards:

1.Each building must be set back at least two hundred feet (200') from the ordinary high water level;

2.Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

3.Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

4.No more than twenty five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4905.21.Placement Of Structures On Lots: When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Except as otherwise allowed by subsection E of this section, structures shall be located as follows:

 

   A.   Structure And On Site Sewage System Setbacks (In Feet) From Ordinary High Water Level*:

 

   B.   Additional Structure Setbacks: The following additional structure setbacks apply, regardless of the classification of the water body:

 

 

   C.   Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

   D.   Uses Without Water Oriented Needs: Commercial, industrial, public and semipublic uses without water oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

   E.   Exceptions To Structure Setback Requirements: The following shall be considered exceptions to the structure setback requirements of this section:

      1.   Municipally owned wastewater treatment plant facilities requiring location on or near public waters.

      2.   Planned unit developments as outlined in subsection 4908.75E of this chapter.

4905.22.Design Criteria For Structures:

   A.   High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be determined as follows:

      1.   For lakes, by placing the lowest floor at a level at least three feet (3') above the highest known water level, or three feet (3') above the ordinary high water level, whichever is higher. The minimum elevation requirements of this subsection shall not apply to municipally owned wastewater treatment structures, provided the city council, upon recommendation of the city engineer, approves the design of all such structures so as to eliminate or minimize the risk of damage from potential flooding;

      2.   For rivers and streams, by placing the lowest floor at least three feet (3') above the highest flood mark of record, if data are available. If data are not available, by placing the lowest floor at least three feet (3') above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a floor protection elevation. Under all three (3) approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota regulations parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and

      3.   Water oriented accessory structures may have the lowest floor placed lower than the elevation determined in this subsection if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment are placed above the elevation, and if long duration flooding is anticipated, the structure is built to withstand ice action and wind driven waves and debris.

   B.   Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal setback in section 4905.21 of this chapter if this water oriented accessory structure complies with the following provisions:

      1.   The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight feet (8') above grade at any point;

      2.   The setback of the structure or facility from the ordinary high water level must be at least ten feet (10');

      3.   The structure or facility must be treated to reduce visibility as viewed from public water and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;

      4.   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; and

      5.   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

   C.   Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:

      1.   Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments;

      2.   Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for commercial properties, public open space recreational properties, and planned unit developments;

      3.   Canopies or roofs are not allowed on stairways, lifts, or landings;

      4.   Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

      5.   Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and

      6.   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas; provided, that the dimensional and performance standards of subsections C1 to C5 of this section are complied with in addition to the requirements of Minnesota regulations chapter 1340.

   D.   Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.

   E.   Steep Slopes: The city engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or their 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.

4905.23.Height Of Structures: All structures in city residential districts, except churches and nonresidential agricultural structures, must not exceed twenty five feet (25') in height. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; Ord. 2003-36, 11-3-2003; 2005 Code)

Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

4905.31.Vegetation Alterations:

   A.   Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 4905.4 of this chapter are exempt from the vegetation alteration standards that follow.

   B.   Removal or alteration of vegetation, except for agricultural uses as regulated in section 4905.62 of this chapter is allowed subject to the following standards:

1.Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

2.In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access path, livestock watering areas, beach and watercraft access areas, and permitted water oriented accessory structures or facilities; provided, that:

         a.   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

b.Along rivers, existing shading of water surfaces is preserved; and

c.The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards.

4905.32.Topographic Alterations/Grading And Filling:

   A.   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.

   B.   Public roads and parking areas are regulated by section 4905.4 of this chapter.

   C.   Notwithstanding subsections A and B of this section, a grading and filling permit will be required for:

1.The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and

2.The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.

   D.   The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

1.Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:

a.Sediment and pollutant trapping and retention;

b.Storage of surface runoff to prevent or reduce flood damage;

c.Fish and wildlife habitat;

d.Recreational use;

         e.   Shoreline or bank stabilization; and

f.Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

*This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The applicant will be so advised.

2.Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

3.Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

4.Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

5.Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States soil conservation service;

      6.   Fill or excavated material must not be placed in a manner that creates an unstable slope;

7.Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;

8.Fill or excavated material must not be placed in bluff impact zones;

9.Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the state department of natural resources under Minnesota statutes section 103G.405;

10.Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

11.Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').

   E.   Excavation 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 state department of natural resources has approved the proposed connection to public waters. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; 2005 Code)

!!! 4905.41.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.

4905.42.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 impact.

4905.43.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 section are met. For private facilities, the grading and filling provisions of section 4905.32 of this chapter must be met. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The following general and specific standards shall apply:

4905.51.General Standards:

   A.   When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

   B.   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

   C.   When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

4905.52.Specific Standards:

   A.   Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area.

   B.   When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

   C.   New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4905.61.Standards For Commercial, Industrial, Public And Semipublic Uses:

   A.   Surface water oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water oriented needs must meet the following standards:

1.In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

2.Uses that require short term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and

3.Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

a.No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;

b.Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet (10') above the ground, and must not exceed thirty two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and

c.Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

   B.   Uses without water oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

   C.   For developments within the shoreland overlay district with an underlying business (B) zoning designation, lot coverage may exceed twenty five percent (25%) and be up to eighty percent (80%), subject to the following criteria:

1.The lot is served by municipal sewer and water.

2.A conditional use permit (CUP) application is submitted and approved as provided for in chapter 400 of this ordinance.

3.Notice of requests to exceed twenty five percent (25%) lot coverage shall be sent to the department of natural resources for their review and comment.

4.The lot meets or exceeds the minimum lot size and dimensions requirements.

5.The building setback is at least one hundred fifty feet (150') from the OHW, and the height of buildings on riparian lots or the first tier of a PUD shall not exceed twenty five feet (25'). Buildings on nonriparian lots or beyond the first tier of a PUD shall comply with the height restrictions of the base zoning district.

6.As part of the CUP process and site and building plan review, plans for structures, parking areas, and other facilities shall be reviewed for their effort to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, and color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided.

7.Parking lot lighting shall be provided in a manner so that all light is downcast with special attention paid to eliminating glare and minimizing the number and height of poles.

8.Declaration of covenants, restrictions, and easements shall be provided on individual developments to protect the land adjacent to the water body.

9.A buffer of forty feet (40') is maintained adjacent to the lake where only ponding, wetland replacement and native planting will be permitted. An additional sixty feet (60') of open space (total 100 feet) shall be provided adjacent to the forty foot (40') buffer. Passive recreational activities such as trails or picnicking or ponding, wetland replacement or plantings may occur in the sixty feet (60') of open space.

10.On riparian lots, a detailed planting plan is submitted that enhances the buffer area by providing native species as a supplement to existing vegetation.

11.Collection and treatment of stormwater runoff prior to discharge to public waters shall be designed and implemented consistent with the city's stormwater management regulations as set forth in the city's subdivision ordinance 1 .

12.If a site exceeds fifty percent (50%) lot coverage and the use is a nonwater oriented structure, then one of the following must be met:

a.All buildings must be set back at least three hundred feet (300'); or

b.Reduce the effective lot coverage below fifty percent (50%). This provision will require demonstration that sufficient low impact development (LID) practices will be implemented in a location(s) on the lot or parcel to capture and treat runoff from the impervious areas above the fifty percent (50%) threshold for a one-half inch (0.5") design storm (type II, 24-hour, AMC-2). A city provided worksheet must be completed to demonstrate compliance with this provision. LID practices may include, but are not limited to, the following:

(1)Vegetated swales;

(2)Rainwater gardens;

(3)Depressional storage/infiltration areas;

(4)Infiltration trenches or basins;

(5)Permeable pavement;

(6)Bioretention areas;

(7)Grassed filter strips;

(8)Sand filters;

(9)Cisterns or dry wells; and

(10)Other practices not listed above or that may become known after the effective date hereof.

4905.62.Agriculture Use Standards:

   A.   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shores 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 fifty feet (50') from the ordinary high water level.

   B.   Animal feedlots must meet the following standards:

1.New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of three hundred feet (300') from the ordinary high water level of all public water basins; and

2.Modifications or expansions to existing feedlots that are located within three hundred feet (300') of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

4905.63.Extractive Use Standards:

   A.   Site Development And Restoration Plan: An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.

   B.   Setbacks For Processing Machinery: Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

4905.64.Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota statutes sections 93.44 to 93.51, shall be a permitted use, provided the provisions of Minnesota statutes sections 93.44 to 93.51 are satisfied. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; Ord. 2002-14, 8-5-2002; Ord. 2004-03, 1-5-2004)

Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established communitywide. The following additional criteria and conditions apply within shoreland areas:

4905.71.Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:

   A.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

   B.   The visibility of structures and other facilities as viewed from public waters is limited;

   C.   The site is adequate for water supply and on site sewage treatment; and

   D.   The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

4905.72. Conditions Attached To Conditional Use Permits: The city, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

   A.   Increased setbacks from the ordinary high water level;

   B.   Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

   C.   Special provisions for the location, design, and use of structures, sewage treatment system, watercraft launching and docking areas, and vehicle parking areas. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4905.81.Water Supply: Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota department of health and the Minnesota pollution control agency.

4905.82.Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

   A.   Publicly owned sewer systems must be used where available.

   B.   All private sewage treatment systems must meet or exceed the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be part of this chapter 1 .

   C.   On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in section 4905.21 of this chapter.

   D.   All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections D1 through D4 of this section. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field inspections.

Evaluation criteria:

1.Depth to the highest known or calculated ground water table or bedrock.

2.Soil conditions, properties, and permeability.

3.Slope.

4.The existence of lowlands, local surface depressions, and rock outcrops.

   E.   Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 4906.3 of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

All legally established nonconformities, as of the effective date hereof, may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except, that the following standards will also apply in shoreland areas.

   A.   Lots of record in the office of the county recorded on the date of enactment of local shoreland controls that do not meet the requirements of section 4905.1 of this chapter may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.

   B.   A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment and appeals shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

   C.   If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of section 4905.1 of this chapter, the lot must not be considered as a separate parcel of land for the purposes of sale or 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 section 4905.1 of this chapter as much as possible. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; 2005 Code)

   A.   All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of section 4905.0 of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to section 4903.3 of this chapter.

   B.   Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met:

      1.   The structure existed on the date the structure setbacks were established;

      2.   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

      3.   The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and

      4.   The deck is constructed primarily of wood and is not roofed or screened. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

   A.   A sewage treatment system not meeting the requirements of section 4905.8 of this chapter must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purpose of this subsection, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.

   B.   The city council has, by formal resolution, notified the commissioner of the department of natural resources of its program to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota statutes section 103F.201 et seq., in effect at the time of installation, may be considered as conforming unless they are determined to be failing; except, that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota pollution control agency's chapter 7080 for design of on site sewage treatment systems, shall be considered nonconforming. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; 2005 Code)

Each lot created through subdivision, including planned unit developments authorized under section 4908.0 of this chapter, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city council shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless a domestic water supply is available and a sewage treatment system consistent with sections 4905.2 and 4905.8 of this chapter can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 4905.1 of this chapter, including, at least, a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information shall include at least the following:

   A.   Topographic contours at ten foot (10') intervals or less from United States geological survey maps or more accurate sources, showing limiting site characteristics;

   B.   The surface water features required in Minnesota statutes section 505.02, subdivision 1, to be shown on plats, obtained from United States geological survey quadrangle topographic maps or more accurate sources;

   C.   Adequate soils information to determine suitability for building and on site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

   D.   Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depth, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

   E.   Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

   F.   A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

All subdivisions that create five (5) or more lots or parcels that are two and one-half (21/2) acres or less in size shall be processed as a plat in accordance with Minnesota statutes chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Lots intended as controlled accesses to public water or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in section 4905.13 of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in section 4904.2 of this chapter and the official zoning map. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Planned unit developments must be processed as a conditional use; except, that an expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the effective date hereof is permissible as a permitted use, provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in section 4908.5 of this chapter. Approval cannot occur until the environmental review process (EAW/EIS) is complete. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The applicant for a PUD must submit the following documents prior to final action being taken on the application request:

4908.31.A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten foot (10') intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two (2).

4908.32.A property owners' associations' agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements of section 4908.6 of this chapter.

4908.33.Deed restrictions, covenants, permanent easements or other instruments that: a) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b) ensure the long term preservation and maintenance of open space in accordance with the criteria and analysis specified in section 4908.6 of this chapter.

4908.34.When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.

4908.35.Those additional documents as requested by the city that are necessary to explain how the PUD will be designed and will function. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in section 4908.5 of this chapter.

4908.41.The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:

 

 

4908.42.The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer.

4908.51.Residential PUD "Base" Density Evaluation: The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the city council has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analyses herein and the design criteria in section 4908.6 of this chapter.

4908.52. Commercial PUD "Base" Density Evaluation:

   A.   Determine the average inside living area of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages or porches and basements, unless they are habitable space.

   B.   Select the appropriate floor area ratio from the following table:

   Commercial Planned Unit Development

   Floor Area Ratios*

   Public Waters Classes

 

*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet.

Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

   C.   Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

   D.   Divide the total floor area by the tier computed in subsection C of this section by the average inside living area size determined in subsection A of this section. This yields a base number of dwelling units and sites for each tier.

   E.   Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in section 4908.6 of this chapter.

4908.53.Density Increase Multipliers:

   A.   Allowable Increase If Standards Met: Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in section 4905.0 of this chapter are met or exceeded and the design criteria in section 4908.6 of this chapter are satisfied. The allowable density increases in subsection B of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city council and the setback is at least twenty five percent (25%) greater than the minimum setback.

   B.   Allowable Dwelling Unit Or Dwelling Site Density Increases For Residential Or Commercial Planned Unit Developments:

 

 

(Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

!!! 4908.61.Maintenance And Administration Requirements:

   A.   Preservation And Maintenance Required: Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

   B.   Open Space Preservation: Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long term preservation and maintenance of open space. The instruments must include all of the following protections:

      1.   Commercial uses prohibited (for residential PUDs);

      2.   Vegetation and topographic alterations other than routine maintenance prohibited;

      3.   Construction of additional buildings or storage of vehicles and other materials prohibited; and

      4.   Uncontrolled beaching or watercraft prohibited.

   C.   Development Organization And Functioning: Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners' association with the following features:

      1.   Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;

      2.   Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites;

      3.   Assessments must be adjustable to accommodate changing conditions; and

      4.   The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

4908.62. Open Space Requirements: Planned unit developments must contain open space meeting all of the following criteria:

   A.   At least fifty percent (50%) of the total project area must be preserved as open space.

   B.   Dwelling units or sites, road rights of way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;

   C.   Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

   D.   Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

   E.   Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;

   F.   Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities.

   G.   The appearance of open space area, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and

   H.   The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50%) of the shore impact zone must be preserved in its natural state.

4908.63.Erosion Control And Stormwater Management: Erosion control and stormwater management plans must be developed, and the PUD must:

   A.   Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

   B.   Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed twenty five percent (25%) of the tier area.

4908.64.Centralization And Design Of Facilities: Centralization and design of facilities and structures must be done according to the following standards:

   A.   Planned unit development must be connected to publicly owned water supply and sewer systems, if available. On site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota department of health and sections 4905.2 and 4905.8 of this chapter. On site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn areas free of limiting factors must be provided for a replacement soil treatment system for each sewage system;

   B.   Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with section 4908.53 of this chapter for developments with density increases;

   C.   Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

   D.   Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city council, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided;

   E.   Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and

   F.   Water oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in section 4905.2 of this chapter and are centralized. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993)

The city may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met:

4908.71.Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.

4908.72.Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.

4908.73.Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

   A.   Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

   B.   Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and

   C.   If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

4908.74.Existing dwelling unit or dwelling site densities that exceed the standards in section 4908.5 of this chapter may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

4908.75.The city may waive the shoreland provision for planned unit developments (section 4908.0 of this chapter) in cases where the city approves a request to process an application as a standard PUD/CUP under this ordinance. This shall mean flexibility in lot width, lot sizes, setbacks, etc., subject to the criteria outlined below. The city may only approve a request pursuant to this chapter if all of the following site and design criteria are met:

   A.   Minimum project areas shall be as follows:

Residential: Ten (10) acres

Commercial: Two (2) acres

   B.   The total density of the site shall not exceed that which is permitted by the underlying zoning.

   C.   Individual lot coverage by impervious surfaces shall not exceed thirty percent (30%).

D. At least fifty percent (50%) of the project area shall be preserved as open space, public or private. Open space shall meet all the requirements of section 4908.62 of this chapter and shall not include roads, sidewalks, parking areas or building footprint areas. At least one-half (1/2) of the preserved open space required by this chapter must be in tier 1 of the shoreland area defined in section 4908.41 of this chapter.

   E.   Density may be transferred among the tiers and/or structure and parking setbacks may be reduced to a minimum of seventy five feet (75') from the ordinary high water level; provided, that all of the following mitigating measures are completed:

      1.   A natural undisturbed vegetative buffer at least thirty feet (30') in width is maintained adjacent to the wetland/water's edge of OHW, whichever extends further landward.

      2.   A planting plan be designed and implemented that enhances or restores the natural buffer with a combination of grasses, shrubs, and trees appropriate to complement the natural habitat.

      3.   Permanent markers shall be installed and maintained indicating the buffer edge along the entire shoreland boundary.

      4.   A homeowners' association document shall be created and recorded that includes provisions for maintenance of the shoreland markers, prohibits the use of fertilizers containing phosphorous in rear yards, and that provides a mandatory penalty for violations of the homeowners' association and provisions of this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1993-2, 3-15-1993; Ord. 2001-1, 4-16-2001)

AL849   Zoning Ordinance - Appendix A   App A-5000