Subd. 1   Intent. The uncontrolled use of shorelands within the City of Arden Hills 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 development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities 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, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility shall hereby be recognized by the City of Arden Hills.

   Subd. 2   Purpose. To achieve the policies described in the City's Comprehensive Plan and State and Federal policies and statutes, the City intends to determine, control and guide future development within and surrounding those land areas which are contiguous to designated bodies of public water and areas of as herein defined and regulated. Specifically, the City of Arden Hills Purports to:

   A.    Regulate the placement of sanitary and storm water disposal facilities on lots;

      B.   Regulate the area of a lot, the length of water frontage suitable for a building site, and setbacks;

      C.   Regulate alteration of the shorelands and wetlands of public waters;

      D.   Control natural environment areas of ecological value to maintain existing aquatic, vegetation, and wildlife conditions to the maximum extent possible;

   E.    Promote the use of native vegetation as a means to increase stormwater infiltration, provide natural view sheds, and screen structures and parking areas as viewed from public waters.

      1.    Statutory Authorization. This Section is adopted pursuant to the authorization contained in furtherance of the policies declared in Minnesota Statutes Chapters 105 and 462 and Minnesota Regulations Parts 6120.2500-6120.3900.

      2.    Abrogation and Greater Restrictions. It shall not be intended by this Section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail.

      3.    Jurisdiction. This Section shall apply to all lands located within the boundaries of the shoreland.

   Subd. 1   Classification of Lakes. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Ramsey County, Minnesota.

 

   Subd. 2   Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the Shoreland Management Districts are hereby continued as shown on the map entitled "Official Zoning Map of Arden Hills, Minnesota," which map shall be properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning districts of the City also shown on the official zoning map pursuant to this Code and the City of Arden Hills Zoning Code. As indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified general development, recreational development, or natural environment lakes. The map and all of the notations, references and other information shown thereon shall have the same force and effect as if set forth in this Section at length.

   Subd. 3   Boundaries of Shoreland Management Districts. The boundaries of the shoreland management districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of a shoreland management district shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon topographic elevations and other available technical data. Persons contesting the location of the shoreland management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence.

(revised 6/28/21)

   Subd. 1   District Requirements. The following standards shall apply to all shorelands of the protected waters listed in this Section. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this Section, then the more restrictive standards shall apply:

 

*See Section 1330.03, Subd. 4 for Exceptions to the Structure Setback Requirement

   Subd. 2   Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surface waters and nutrients in accordance with the following criteria:

      A.    All roads and parking areas shall meet the setback requirements established for structures of this Section.

      B.    Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water.

   Subd. 3   Elevation of Lowest Floor.

      A.    Structures shall be placed at an elevation consistent with the City's flood plain management controls as set forth in Section 1335 of this Code.

      B.    In areas not regulated by flood plain management controls, the elevation to which the lowest floor, including basements, shall be placed shall be determined as follows:

         1.    For lakes, ponds, and flowages, by (a) an elevation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota," or (b) placing the lowest floor at a level at least three (3) feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the ordinary high water level shall be used.

         2.    For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota."

   Subd. 4   Adjacent Lots. On any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following:

      A.   In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section 1330.03 Subd 1.

      B.   In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure.

      C.   The minimum structure setback in Section 1330.03 Subd. 1 shall be used for the adjacent lot when calculating the setback if an adjacent lot is:

         1.   Vacant;

         2.   Has a use other than single or two-family residential; or,

         3.   Has a dwelling unit that encroaches on the minimum structure setback.

   Subd. 5   Exceptions to Structure Setback Requirements. No structure shall be placed within the structure setback requirements of the shoreland management district. The following are not classified as structures for the purposes of this section:

      A.    Docks and Boatlifts. Setback requirements from the ordinary high water level shall not apply to docks and boatlifts. Location of docks and boatlifts shall be controlled by applicable State and local regulations.

      B.    Stairways, access lifts, and landings. Setback requirements from the ordinary high water level shall not apply to stairways, access lifts, or landings. Stairways and access lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, access lifts and landings located within the Shore Impact Zone shall meet the following design standards:

         1.    Landings for stairways and lifts shall not exceed 40 square feet in area.

         2.    Canopies or roofs are not allowed on stairways, access lifts, docks, or landings.

      C.    Uncovered patios. At grade uncovered patios that have an underside surface that is entirely in contact with and wholly supported by the ground may be placed within the structure setback requirements from the ordinary high water level but shall not be placed within the Shore Impact Zone. Uncovered patios shall not be considered landscaped area when calculating lot coverage.

      D.    Fences. Chain link, or other types of fences with a transparency of at least 75 percent, may be placed within the structure setback requirements from the ordinary high water level but shall not be placed within the Shore Impact Zone.

   Subd. 6   Maintenance of shoreland. The shoreland shall be protected from adverse conditions affecting the public. Keeping the shoreland in a natural state and the use of native vegetation is encouraged.

      A.   Up to ten (10) percent of the shoreline of a property may be utilized for docks, but no property shall be limited to less than four feet of the shoreline for the utilization of a dock, subject to DNR regulations.

      B.   Docks shall be setback a minimum of five (5) feet from side property lines at the point of attachment to the shoreline. This requirement may be adjusted by the Zoning Administrator in cases where topography or lot width significantly limits the placement of docks.

      C.   Watercraft and other water equipment shall be stored in accordance with Section 1325.12, Recreational Vehicle, Utility Trailer, Riding Lawn Mower, and Watercraft Outdoor Storage, and be kept in a neat and orderly manner.

      D.   Boatlifts, docks, watercraft, accessory structures, and any other equipment that is in a state of disrepair, inoperable, or otherwise unusable shall not be stored outdoors.

      E.   Grading or otherwise removing natural cover from the Shore Impact Zone or cutting or filling which changes the natural shoreline shall be prohibited without proper permits.

      F.   The accumulation of debris, the creation or maintenance of safety hazards, and similar activities shall be prohibited.

   Subd. 7   Shoreland Alterations.

      A.    Removal of Vegetation. The removal of vegetation shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of vegetation in the shoreland management districts shall be subject to the following provisions:

         1.   In Shore Impact Zones and on steep slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting, pruning, and trimming of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in its natural state.

         2.   The minimal amount of vegetation shall be altered and sufficient vegetative cover shall remain to screen cars, dwellings and other structures when viewed from public waters.

         3.   Except for the removal of invasive species, clear cutting of vegetation shall be prohibited.

         4.   Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.

         5.   All disturbed areas are restored to prevent soil erosion.

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

      B.    Grading and Filling. All land disturbance activity in the Shoreland Management District shall be subject to the provisions of Chapter 15 of the City Code, Erosion and Sediment Control.

      C.    Shoreline Alterations. Any work which shall change or diminish the course, current or cross section of a protected water or wetland, or shall alter the shoreline below the ordinary high water level, shall be subject to approval by the Commissioner of Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes.

      D.    Permeable Surface Credit. At the discretion of the Zoning Administrator, up to five percent of a lot's required landscaped area, but not exceeding 700 square feet, may be covered with pervious hard surfaces subject to the approval of a Shoreland Mitigation Plan.

      E.    Shoreland Mitigation. A shoreland mitigation plan must be submitted for residential development that requires land use approval including, but not limited to, variances; conditional use permits; subdivisions; rezonings; or a permeable surface credit. The plan shall be designed to mitigate the adverse effects land development has on water quality and the lake environment. The mitigation plan shall be signed by the property owner, approved by the Zoning Administrator, and a Mitigation Affidavit recorded with the Register of Deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be completed within one year of the plan's approval unless otherwise approved by the City. An escrow fee that shall be held for a minimum of two years shall also be submitted. The mitigation plan shall include at a minimum two of the following practices:

         1.    Vegetation Restoration. Vegetation restoration areas may be established which at a minimum shall include land within the shore and the bluff impact zones or steep slopes. Land area shall be restored from lawn, beach or other disturbances using native or natural landscaping.

            a)   Steep Slope/Bluff Restoration. Steep slopes and bluffs that are vegetated with turf may be restored with deciduous and ornamental trees, evergreens and shrubs that are native to the area.

            b)   Shoreline Buffer Restoration. A buffer zone of at least 25 feet from and parallel to the ordinary high water mark shall be planted or restored and maintained with vegetation native to the area to fullest practicable extent possible with effective erosion and sediment control. Existing natural beaches or beaches which have been permitted by the DNR shall be allowed to continue and be maintained. A minimum of 30 percent of the lot's shoreline area shall be restored. This restoration area shall be contiguous unless otherwise approved as part of the mitigation plan.

         2.    Architectural Mass. The use of natural color(s) and/or materials on the exterior of the structure shall be used to reduce the visual impact. Natural colors are shades of brown, gray, and green. Natural materials include wood or stone that complement the setting of the structure.

         3.    Removal of Nonconforming Structures. The mitigation plan may include the removal of structures that do not comply with the required structure setbacks from the ordinary high water line or are located within a shore impact zone or bluff impact zone.

         4.    Reduction of Impervious Surface Coverage. The mitigation plan may include a minimum five percent reduction of the existing impervious surface coverage. The preferable location of this reduction is within that portion of the lot that drains to the lake.

         5.    Other Practices. At the discretion of the Zoning Administrator, other restoration or protection activities may be approved as part of a mitigation plan provided they meet the objectives of this ordinance. Examples include the removal of artificial sand beaches, stormwater management and replacement of seawalls with bioengineering structures.

   Subd. 8   Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

   Subd. 9   Planned Unit Developments. Planned Unit Developments may be permitted in accordance with this Code and the City of Arden Hills Zoning Code, provided that preliminary plans are approved by the Commissioner of Natural Resources prior to their approval by the City, and further provided that:

   A.    Open space is preserved through the use of restrictive deed covenants, public dedications, or other methods.

   B.    The following factors shall be carefully evaluated to ensure the increased density of development shall be consistent with the resource limitations of the protected water:

         1.    Suitability of the site for the proposed use;

         2.    Physical and aesthetic impact of increased density;

         3.    Level of current development;

         4.    Amount and ownership of undeveloped shoreland;

         5.    Levels and types of water surface use and public accesses;

         6.    Possible effects on overall public use.

   Subd. 1   Variances. A copy of any request for a variance to the provisions of this Section or plats which propose any lots which require variances to the lot area and dimensional requirements of this Section or the notice of a public hearing to consider a conditional use permit or planned unit development permit shall be sent to the Commissioner of Natural Resources such that notice shall be received by the commissioner at least ten (10) days prior to the hearing or action on the request.

   Subd. 2   Amendments. A copy of all amendments to this Section and final decisions granting variances or conditional uses within the shoreland management districts shall be sent to the Commissioner of Natural Resources within ten (10) days of the amendment or final action.

   Subd. 3   Plats. Copies of all plats within the shoreland management districts shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City.