Big Lake City Zoning Code
SECTION 1004
OVERLAY DISTRICTS
§ 1004.01 Downtown Design Overlay District.
Subd. 1. Scope. The city does herewith include and adopt the revised 2019 Downtown Design Standards and boundary map to coordinate themes for site design, architecture, parking lot design, pedestrian/bicycle access, environment, and utilities for all properties in the city within the DD, Downtown Design Overlay District. The DD, Downtown Design Overlay District shall be enforced for all new construction and/or reconstruction and remodeling, excluding all single-family uses, as specified under the scope and application section of the Downtown Design Standards.
Subd. 2. Downtown Design Standards Manual. The specific Downtown Design Standards shall be set forth within a manual available for distribution at the city offices, which manual and provisions therefor may be amended by ordinance of the City Council from time to time.
Subd. 3. Conflict with Other Provisions. In the application of this subsection, should the provisions contained within the Downtown Design Standards be in conflict with other provisions set forth within the text of the Zoning Code, the Downtown Design Standards shall apply.
§ 1004.02 Floodplain Overlay District.
Subd. 1. Statutory Authorization, Findings of Fact, and Purpose.
1. The legislature of the state has, in M.S. Chapters 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 does ordain as follows.
2. Findings of Fact.
a. The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
b. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the State Department of Natural Resources.
3. Statement of Purpose. It is the purpose of this subsection to promote the public health, safety, and general welfare and to minimize those losses described in item 2.a above by provisions contained herein.
Subd. 2. General Provisions.
1. Lands to Which Chapter Applies. This section shall apply to all lands within the jurisdiction of the city shown on the official flood insurance rate map dated November 16, 2011 and/or the attachments thereto as being located within the boundaries of the Floodway and Flood Fringe Districts.
2. Establishment of Official Floodplain Map. The official floodplain map, together with all materials attached hereto, is hereby adopted by reference and declared to be a part of this subsection. The attached material shall include the Flood Insurance Study for Sherburne County, Minnesota and Incorporated Areas, prepared by the Federal Emergency Management Agency and dated November 16, 2011, and the Flood Insurance Rate Map panels therein dated November 16, 2011 and numbered Community Number 270663, Panel Numbers 27141C0245F, 27141C0335F, 27141C0345F, 27141C0355F, 27141C0360F, and 27141C0365F. The official floodplain map shall be on file in the office of the City Clerk and the Zoning Administrator.
3. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be 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.
4. Interpretation.
a. In their interpretation and application, the provisions of this subsection shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
b. The boundaries of the Floodplain Districts shall be determined by scaling distances on the official floodplain map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official floodplain map, as, for example, where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.
5. Abrogation and Greater Restrictions. It is not 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 subsection shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
6. Warning and Disclaimer of Liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section shall not create liability on the part of the city or an officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
7. Severability. If any section, clause, provision, or portion of this subsection is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subsection shall not be affected thereby.
8. Annexations. The flood insurance rate map panels adopted by reference into this subdivision may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this subsection. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this chapter is derived, the newly annexed floodplain lands shall be subject to the provisions of this subsection immediately upon the date of annexation into the city.
Subd. 3. Establishment of Floodplain Zoning Districts.
1. Floodplain Zoning Districts.
a. Floodway District (FW). The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Subd. 2 above.
b. Flood Fringe District (FF). The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe shall constitute those areas shown on the Flood Insurance Rate Map as adopted in Subd. 2 above as being within Zone AE but being located outside of the floodway.
2. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in subsection 1004.03, Subd. 1 and 3; Subd. 1 and 3 of this subsection, that follow, respectively, shall be prohibited. In addition, a caution is provided here that:
a. New manufactured homes, replacement manufactured homes, and certain recreational vehicles are subject to the general provisions of this chapter and specifically this subsection;
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 chapter and specifically subsection 1005.11; and
c. 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 chapter and specifically as stated in subsection 1004.02.
Subd. 4. (FW) Floodway District.
1. Permitted Uses.
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. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fish hatcheries, firearm ranges, hunting and fishing areas, and single or multiple purpose recreational trails; and
d. Residential lawns, gardens, parking areas, and play areas.
2. Standards for Floodway Permitted Uses.
a. The use shall have a low flood damage potential.
b. The use shall be permissible in the underlying zoning district if one exists.
c. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment.
3. Conditional Uses.
a. Structures accessory to the uses listed in subsection 1004.02, Subd. 4(1), above and the uses listed in subsection 1004.02 Subd. 4(3)b-h below;
b. Extraction and storage of sand, gravel, and other materials;
c. Marinas, boat rentals, docks, piers, wharves, and water control structures;
d. Railroads, streets, bridges, utility transmission lines, and pipelines;
e. Storage yards for equipment, machinery, or materials;
f. Placement of fill or construction of fences;
g. Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Subd. 3 above; and
h. Structural works for flood control such as levees, dikes, and flood walls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is 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. Permissible. The conditional use shall be permissible in the underlying zoning district if one exists.
b. All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
c. Compliance. All floodway conditional uses shall be subject to the procedures and standards contained in this subdivision.
d. Fill.
i. Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, rip rap, or other acceptable method.
ii. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
iii. As an alternative, and consistent with Item 4.b above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the city has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder.
e. Accessory Structures.
i. Accessory structures shall not be designed for human habitation.
ii. Accessory structures, if permitted, shall 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 shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
(b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
iii. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP 1 or FP 2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP 3 or FP 4 flood proofing classification in the State Building Code; provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. 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 of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.
(b) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed.
(c) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net are of not less than one square inch for every square foot of enclosed area subject to flooding. 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.
f. Storage of Materials and Equipment.
i. 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.
ii. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city.
g. Structural Works. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103G, as it may be amended from time to time. Community wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
h. No Increase. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
Subd. 5. (FF) Flood Fringe District.
1. Permitted Uses. Permitted Uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District; provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe “Permitted Uses” listed in Subd. 2 above and “Standards for all Flood Fringe Uses” listed in this subdivision.
2. Standards for Flood Fringe Permitted Uses.
a. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.
b. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Subd. 4.5.c above.
c. The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Subd. 2.1 above.
d. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
e. The provisions of this subdivision shall apply.
3. Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with Subd. 2.1 and 2.2 above, or any use of land that does not comply with the standards in Subd. 2.3 and 2.4 above shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Subd. 4 and 5 above, this subdivision, and subsection 1004.08.
4. Standards for Flood Fringe Conditional Uses.
a. 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 structure’s basement or lowest floor if:
i. The enclosed area is above grade on at least one side of the structure;
ii. It is designed to internally flood and is constructed with flood-resistant materials; and
iii. 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.
(a) 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 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.
(b) 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:
(i) A minimum area of “automatic” 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 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
(ii) The enclosed area will be designed of flood resistant materials in accordance with the FP 3 or FP 4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage.
b. Basements, as defined by subsection 1001, shall be subject to the following:
i. Residential basement construction shall not be allowed below the regulatory flood protection elevation; and
ii. Non-residential basements may be allowed below the regulatory flood protection elevation, provided the basement is structurally dry flood proofed in accordance with Subd. 4 above.
c. All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP 1 or FP 2 flood proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP 3 or FP 4 classification shall not be permitted.
d. When, at any one time, more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. 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:
i. 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; and
ii. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city.
f. The provisions of this subdivision shall also apply.
5. Standards for All Flood Fringe Uses.
a. Vehicular Access. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
b. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that, when multiplying the depth (in feet) times velocity (in feet per second), the product number exceeds four upon occurrence of the regional flood.
c. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subd. 5.2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
d. Fill. Fill shall be properly compacted, and the slopes shall be properly protected by the use of rip rap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi structure or multi lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
e. Capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.
f. Recreational Vehicles. Standards for receational vehicles are contained in Subd. 3 above.
g. Manufactured Homes. All manufactured homes 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 to be 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.
Subd. 6. Public Utilities, Railroads, Roads, and Bridges.
1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.
2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subd. 4 and 5 above. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such 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.
3. On-Site Sewage Treatment and Water Supply 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 shall 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 shall be determined to be in compliance with this subsection.
Subd. 7. Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.
1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Chapter 11, subsection 1107.01, of the Municipal Code.
2. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with this subsection. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Subd. 5 above, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city. All manufactured homes 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 to be 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.
3. Recreational vehicles that do not meet the exemption criteria specified in item 1 below shall be subject to the provisions of this chapter and as specifically spelled out in items 3 and 4 below.
a. Exemption. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in item 3.b below and further, they meet the following criteria:
i. Have current licenses required for highway use;
ii. Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks, and the recreational vehicle has no permanent structural type additions attached to it; and
iii. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
b. Areas Exempted for Placement of Recreational Vehicles.
i. Individual lots or parcels of record;
ii. Existing commercial recreational vehicle parks or campgrounds; and
iii. Existing condominium type associations.
c. Loss of Exemption. Recreational vehicles exempted in item 1 above lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Subd. 4 and 5 above. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
d. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following.
i. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts, provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Subd. 5.1 above. No fill placed in the floodway to meet the requirements of this subsection shall increase flood stages of the 100-year or regional flood.
ii. All new or replacement recreational vehicles not meeting the criteria of item 3.a above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of this subsection. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subd. 3.1.a and 3.1.b above will be met. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with this subsection.
Subd. 8. Administration.
1. Zoning Administrator. A Zoning Administrator or other official designated by the city shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the provisions of this chapter, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in this subsection.
2. Permit Requirements.
a. Permit Required. A permit issued by the Building Official in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
b. Application for Permit. Application for a permit shall be made in duplicate to the Building Official on forms furnished by the Building Official and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.
c. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
d. Certificate of Zoning Compliance for a New, Altered, or Non-Conforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
e. Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by Subd. 9 below.
f. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
g. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
h. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Chapter 103G, as it may be amended from time to time, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
i. Notification to FEMA When Physical Changes Increase or Decrease the 100-Year Flood Elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
§ 1004.03 Shoreland Management Overlay District.
Subd. 1. Statutory Authorization and Policy.
1. Statutory Authorization. A Shoreland Overlay District shall be continued pursuant to the authorization and policies contained in M.S. Chapter 103F, Minn. Rules parts 6120.2500 through 6120.3900, as they all may be amended from time to time, and the planning and zoning enabling legislation in M.S. Chapter 462, as it may be amended from time to time.
2. 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 interest of 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 shall hereby be recognized by the city.
Subd. 2. General Provisions.
1. Jurisdiction. The provisions of this subsection shall apply to the shorelands of the public water bodies as classified in this section. Pursuant to Minn. Rules parts 6120.2500 through 6120.3900, as they may be amended from time to time, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas needs to 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 City Council, be exempt from this subsection.
2. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type, and location of structures on 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 subsection and other applicable regulations of this chapter.
3. Definitions. Special definitions associated with this shoreland management section of the zoning ordinance are called out in subsection 1001.02 of this chapter. In case of conflict between these definitions, the most restrictive shall apply. Unless specifically defined, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application. All distances, unless otherwise specified, shall be measured horizontally.
Subd. 3. Shoreland Classification System and Land Use District Descriptions.
1. Shoreland Classification System. The public waters of the city have been classified below consistent with the criteria found in Minn. Rules part 6120.3300, as amended from time to time, and the Protected Waters Inventory Map for Sherburne County, Minnesota.
a. Lakes.
Lake Type | DNR ID # |
Lake Type | DNR ID # |
General Development Lakes | |
Big Lake | 71-82 |
Keller Lake | 71-83 |
Mitchell Lake | 71-81 |
Natural Environment Lakes | |
Beaudry Lake | 71-62 |
Beulah Pond | 71-101 |
Landis Lake | 71-99 |
Preusse Lake | 71-63 |
Thompson Lake | 71-96 |
Un-named (Kerber Lake) | 71-70 |
Un-named Wetland | 71-65 |
Un-named Wetland (McDowall Lake) | 71-80 |
Recreational Development Lakes | |
Blacks Lake | 71-97 |
b. Rivers.
i. Agricultural rivers: Elk River.
ii. Forested rivers:
(a) Snake River; and
(b) St. Francis River.
2. Shoreland Overlay District. The shorelands of the city shall hereby be designated as shoreland overlay districts. The purpose of the shoreland overlay district shall be to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the city. Commercial planned unit developments shall be prohibited. These districts are shown on the zoning map.
a. Permitted or Principal Uses. All permitted uses allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official zoning map of the city.
b. Conditional Uses. All conditional uses allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official zoning map of the city.
c. Substandard Uses. Any use of shorelands in existence prior to the date of enactment of this chapter which shall be permitted within the applicable zoning districts, but do not meet the minimum lot area, setbacks, or other dimensional requirements of this chapter, shall be substandard uses.
d. Prohibited Uses. Any uses which are not permitted or conditional uses as regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official zoning map of the city shall be prohibited.
Subd. 4. General Zoning Provisions. The following provisions are required within Shoreland Districts in addition to the specific provisions of each underlying zoning district.
Table 16 | ||||||||||
Riparian Lot Area (Sq. Ft.)
| Riparian Lot Width (Ft.)
| Non-Riparian Lot Area (Sq. Ft.)
| Non-Riparian Lot Width (Ft.)
| Unsewered Structure Setback (Ft.)
| Sewered Structure Setback (Ft.)
| Sewage Treatment System Setback (Ft.)
| Bluff Setback (Ft.)
| Maximum Impervious Surface
| Maximum Building Height (Ft.)
| |
Table 16 | ||||||||||
Riparian Lot Area (Sq. Ft.)
| Riparian Lot Width (Ft.)
| Non-Riparian Lot Area (Sq. Ft.)
| Non-Riparian Lot Width (Ft.)
| Unsewered Structure Setback (Ft.)
| Sewered Structure Setback (Ft.)
| Sewage Treatment System Setback (Ft.)
| Bluff Setback (Ft.)
| Maximum Impervious Surface
| Maximum Building Height (Ft.)
| |
Agricultural River | ||||||||||
Single-Family | - | 150 | - | 150 | 100 | 50 | 100 | 30 | 25% | 25 |
Duplex | - | 225 | - | 225 | 100 | 50 | 100 | 30 | 25% | 25 |
Triplex | - | 300 | - | 300 | 100 | 50 | 100 | 30 | 25% | 25 |
Quad | - | 375 | - | 375 | 100 | 50 | 100 | 30 | 25% | 25 |
Business | - | - | - | - | 100 | 50 | 100 | 30 | 75% | 35 |
Industrial | - | - | - | - | 50 | 50 | 50 | 30 | 50% | 35 |
Forested River | ||||||||||
Single-Family | - | 200 | - | 200 | 150 | 150 | 150 | 30 | 25% | 25 |
Duplex | - | 300 | - | 300 | 150 | 150 | 150 | 30 | 25% | 25 |
Triplex | - | 400 | - | 400 | 150 | 150 | 150 | 30 | 25% | 25 |
Quad | - | 500 | - | 500 | 150 | 150 | 150 | 30 | 25% | 25 |
Business | - | - | - | - | 150 | 150 | 150 | 30 | 75% | 35 |
Industrial | - | - | - | - | 150 | 150 | 150 | 30 | 50% | 35 |
General Development Lakes | ||||||||||
Single-Family | 15,000 | 75 | 10,000 | 75 | 150 | 50 | 150 | 30 | 25% | 25 |
Duplex | 26,000 | 135 | 17,500 | 135 | 150 | 50 | 150 | 30 | 25% | 25 |
Triplex | 38,000 | 195 | 25,000 | 190 | 150 | 50 | 150 | 30 | 25% | 25 |
Quad | 49,000 | 255 | 32,500 | 245 | 150 | 50 | 150 | 30 | 25% | 25 |
Business | - | - | - | - | 150 | 50 | 150 | 30 | 75% | 35 |
Industrial | - | - | - | - | 150 | 50 | 150 | 30 | 50% | 35 |
Natural Environment Lakes | ||||||||||
Single-Family | 40,000 | 125 | 20,000 | 125 | 150 | 150 | 150 | 30 | 25% | 25 |
Duplex | 70,000 | 225 | 35,000 | 220 | 150 | 150 | 150 | 30 | 25% | 25 |
Triplex | 100,00 0 | 325 | 52,000 | 315 | 150 | 150 | 150 | 30 | 25% | 25 |
Quad | 130,00 0 | 435 | 65,000 | 410 | 150 | 150 | 150 | 30 | 25% | 25 |
Business | - | - | - | - | 150 | 150 | 150 | 30 | 75% | 35 |
Industrial | - | - | - | - | 150 | 150 | 150 | 30 | 50% | 35 |
Recreational Development Lakes | ||||||||||
Single-Family | 20,000 | 75 | 15,000 | 75 | 150 | 75 | 150 | 30 | 25% | 25 |
Duplex | 35,000 | 135 | 26,000 | 135 | 150 | 75 | 150 | 30 | 25% | 25 |
Triplex | 50,000 | 195 | 38,000 | 190 | 150 | 75 | 150 | 30 | 25% | 25 |
Quad | 65,000 | 255 | 49,000 | 245 | 150 | 75 | 150 | 30 | 25% | 25 |
Business | - | - | - | - | 150 | 75 | 150 | 30 | 75% | 35 |
Industrial | - | - | - | - | 150 | 75 | 150 | 30 | 50% | 35 |
1. Impervious Surface Coverage. For uses with a maximum impervious surface of 25% as identified in Table 16, the impervious surface may be increased as stated below.
a. Paver stone driveways, sidewalks, and patios that receive all required permits and are properly installed with a sand base and sufficient spacing to allow for drainage shall count towards 50 % of the area covered for the purposes of calculating the overall lot coverage.
b. The impervious surface coverage may be increased up to 35% of the total lot area by a conditional use permit as set forth in and regulated by subsection 1002.08 and the following criteria:
i. All structures, additions, or expansions shall meet setback and other requirements of this chapter;
ii. The lot shall be served by municipal sewer and water;
iii. The lot shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer;
iv. Measures to be taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to, the following:
(a) Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps;
(b) Installation of debris guards and microsilt basins on storm sewer inlets;
(c) Use where practical, oil skimming devices, or sump catch basins;
(d) Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters, and downspouts;
(e) Sidewalks are constructed with partially pervious raised materials such as decking which has natural or other pervious material beneath or between the planking;
(f) Grading and construction techniques are used which encourage rapid infiltration, e.g., sand and gravel, under impervious materials with adjacent infiltration swales graded to lead into them;
(g) Berms, water bars, or terraces are installed which temporarily detain water before dispersing it into pervious area; and
(h) Installation of a minimum 15-foot wide buffer from the OHWL. This buffer would be treated similar to a wetland buffer where native grasses and the like would be required, and mowing and dumping would not be permitted.
v. All structures and impervious surfaces shall be located on slopes less than 12%. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation;
vi. Site developments shall be designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion, and sedimentation problems consistent with Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, State Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the State Law Library and not subject to frequent change; and
vii. The city may impose additional conditions if determined necessary to protect the public health, safety, and welfare.
2. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting if permitted in the underlying zoning district, and provided steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management System) 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 shall be equal to a line parallel to and 50 feet from the ordinary high water level.
3. Standards for Commercial, Industrial, Public, and Semi-Public Uses.
a. 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.
i. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the use must be designed to incorporate topographic and vegetative screening of parking areas and structures.
ii. 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.
iii. 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.
4. Significant Historic Sites. No structure shall 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.
5. Steep Slopes. The Zoning Administrator or designee 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 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 water, assuming summer, leaf on vegetation.
6. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
7. 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 this chapter shall be exempt from the vegetation alteration standards that follow.
b. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated by this chapter, are subject to the following standards.
i. 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 shall be 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.
ii. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees shall be 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:
(a) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf on conditions are 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.
8. Placement and Design of Roads, Driveways, and Parking Areas.
a. 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 shall be 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.
b. Roads, driveways, and parking areas must meet structure setbacks for Shoreland Districts 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.
c. 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 subsection are met. For private facilities, the grading and filling provisions of subsection 1005.05 shall be complied with. Private watercraft access ramps shall not be permitted on any lake where a public watercraft access ramp is already available.
Subd. 5. Controlled Access Lots. Lots intended as controlled accesses to public waters or as recreation areas for use by owner of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards.
1. They must meet the width and size requirements for residential lots within Shoreland Districts and be suitable for the intended uses of controlled access lots.
2. If docking, mooring, or over water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percentage of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table.
Table 17 | |
Ratio of Lake Size to Shore Length (acres/miles) | Required Increase in Frontage |
Less than 100 | 25% |
100 - 200 | 20% |
201 - 300 | 15% |
301 - 400 | 10% |
Greater than 400 | 5% |
Subd. 6. Storm Water Management. In addition to the provisions of subsection 1005.05 and other applicable provisions of this chapter, the following general and specific standards shall apply.
1. When possible, existing natural drainage ways, 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 shall 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. For lots of record developed after May 25, 2016, a buffer strip of and average of 50 feet, but no less than 30 feet, shall be maintained abutting all shoreland. The buffer provisions of this chapter shall apply to lots developed or redeveloped on or after May 25, 2016. The city does, however, strongly encourage the use of a buffer on all lots in the city.
5. Buffer strips shall apply to all parcels of land, whether or not the shoreland is on the same parcel as a proposed development.
a. Any existing drain tile shall be modified as part of the project to eliminate short circuiting of the buffer strip.
b. New or enhanced buffer strips shall be maintained by the applicant for the later of one-year after completion of the project or acceptance by the City Engineer.
6. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in subsection 1004.04. During the first two years, any buffer vegetation that does not survive must be replanted. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards contained in subsection 1004.04. Buffer strips shall be identified within each lot by permanent monuments approved by the city.
Subd. 7. Water Supply and Sewage Treatment.
1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the State Department of Health and the State Pollution Control Agency.
2. 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 State Pollution Control Agency’s standard for individual sewage treatment systems contained the regulations titled “Individual Subsurface Sewage Treatment Systems Standards, Minn. Rules Chapter 7080,” a copy of which shall hereby be adopted by reference and declared to be a part of this subsection.
c. On-site sewage treatment systems must be set back at least 150 feet from the ordinary high water level of all public waters.
d. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria listed below. 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 investigations. The evaluation criteria is as follows:
i. Depth to the highest known or calculated ground water table or bedrock;
ii. Soil conditions, properties, and permeability;
iii. Slope; and
iv. The existence of lowlands, local surface depressions, and rock outcrops.
Subd. 8. Shoreland Management Residential PUD Requirements.
1. Applicability. Residential planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversion of existing buildings and lands. The zoning districts in which they are an allowable use are identified in subsections 1003.05 through 1003.11 of this chapter and the official city zoning map.
2. Processing. Residential planned unit developments within a Shoreland District shall be processed as a conditional use, in accordance with subsection 1002.08.
3. Submittal Requirements. Submittal requirements for residential planned unit development applications in Shoreland Districts shall be in accordance with subsection 1003.18.
4. Site Suitable Area Evaluation. In all residential zoning districts except for the R-5, Residential Redevelopment District, proposed new or expansions to existing residential planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. The shoreland lot area and size requirements specified in the underlying zoning district shall be utilized to determine density within each shoreland tier.
a. The project parcel shall 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:
Table 18 | |
Shoreland Tier Dimensions | |
Sewered
| |
General Development Lakes - First Tier | 200 feet |
General Development Lakes - Second and Additional Tiers | 200 feet |
Natural Environment Lakes | 320 feet |
Recreational Development Lakes | 267 feet |
b. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinance high water level of public waters. This suitable area and the proposed project are then subjected to the residential planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
5. Residential Planned Unit Development Density Evaluation. For all residential zoning districts, with the exception of the R-5, Residential Redevelopment District, the procedures for determining the “base” density of a residential planned unit development and density increase multipliers are as follows: Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.
a. Residential Planned Unit Development “Base” Density Evaluation. The suitable area within each tier is divided by the single residential lot size standard for lakes. 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 of Subd. 6 above.
b. Density Increase Multipliers.
i. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards identified in each underlying zoning district (Shoreland lot size, area, and setback provisions) are met or exceeded and the design criteria in Subd. 6 above are satisfied. The allowable density increases in item 5.b.ii below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city and the setback is at least 25% greater than the minimum setback from the ordinary high water level.
ii. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential Planned Unit Developments.
Table 19 | |
Density Evaluation Tiers | Maximum Density Increase Within Each Tier |
First | 50% |
Second | 100% |
Third | 200% |
Fourth | 200% |
Fifth | 200% |
6. Maintenance and Design Criteria.
a. Maintenance and Administration Requirements.
i. Before final approval of a residential planned unit development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
ii. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections:
(a) Commercial uses prohibited (for residential planned unit development);
(b) Vegetation and topographic alterations other than routine maintenance prohibited;
(c) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(d) Uncontrolled beaching of watercraft prohibited.
iii. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments shall use an owners’ association with the following features.
(a) Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers.
(b) Each member shall pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or sites.
(c) Assessments shall be adjustable to accommodate changing conditions.
(d) The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
b. Open Space Requirements. Residential planned unit developments, in all districts except for the R-5, Residential Redevelopment District, shall contain open space meeting all the following criteria.
i. At least 50% of the total project area shall be preserved as open space.
ii. 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.
iii. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries.
iv. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenant, permanent easements, public dedication and acceptance, or other equally effective and permanent means.
v. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in its natural or existing state.
c. Erosion Control and Storm Water Management. Erosion control and storm water management plans shall be developed, and the residential planned unit development shall:
i. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall 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 shall 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
ii. Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff. In all residential zoning districts except for the R-5, Residential Redevelopment District, impervious surface coverage within any tier shall not exceed 25% of the tier area.
d. Centralization and Design of Facilities. For all residential zoning districts except the R-5, Residential Redevelopment District, centralization and design of facilities and structures must be done according to the following standards.
i. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall 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 shall be increased in accordance with Subd. 5.2 above for developments with density increases.
ii. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall 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 shall 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.
iii. Structures, parking areas, and other facilities shall 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. Vegetative or topographic screening shall be preserved, if existing, or may be required to be provided.
iv. Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized.
7. Conversions. For all residential districts except the R-5, Residential Redevelopment District, existing land uses may be converted to residential planned unit developments consistent with the provisions of this chapter and provided the following standards are met.
a. Proposed conversions shall 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 shall be identified.
b. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permit.
c. Shore and bluff impact zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:
i. Removal of extraneous building, docks, or other facilities that no longer need to be located in shore or bluff impact zones;
ii. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water;
iii. 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 shall 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; and
iv. Existing dwelling unit or dwelling site densities that exceed standards in Subd. 5.2 above may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, or other means.
8. Neighborhood Design Requirements. The purpose of this subsection is to set forth design standards for residential PUD development to implement the housing, neighborhood, environmental and greenway goals, and policies of the City Comprehensive Plan. Residential developments shall be designed in patterns which incorporate the following elements.
a. Neighborhood Amenities. All new residential developments must incorporate the following neighborhood amenities into the project design, subject to review and approval of the City Council.
i. General. Natural habitat, neighborhood recreation, greenway, and/or pedestrian corridor open space, conforming to the type of use, location criteria, and deed restrictions of that classification.
(a) The City Council, at its discretion, may allow a density increase for dedication of additional open space areas designated for natural habitat, neighborhood recreation, and/or pedestrian corridors above the required dedication defined by the subdivision ordinance.
(b) The amenities shall not be considered as park dedication required by the city subdivision ordinance, unless specifically approved by the City Council.
(c) All amenity areas designated as open space shall be platted as outlots and held as open space in perpetuity.
(d) The development shall be designed to preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open space may include, but are not limited to, fields, pastures, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable view sheds.
(e) The development shall be designed to provide view sheds of natural features for the enjoyment of the neighborhood.
ii. Pedestrian Corridors. The development shall be designed to locate pedestrian corridors in strategic places such that larger open space outlots and designated places of destination both on the development tract and adjacent tracts are connected with one another. Pedestrian corridors may include, but are not limited to, established regional trails, local pathways, paved walkways, sidewalks, and shorelines. Pedestrian corridors shall be a minimum of 30 feet in width.
iii. Neighborhood Recreation. The development shall be designed to locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding home sites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons, playgrounds, ball fields, gardens, or other recreational areas.
iv. Accessibility. Open spaces shall be accessible to pedestrians at not less than 1,200 foot intervals along public streets. Where necessary, pedestrian access corridors between private lots shall be at least 30 feet in width.
v. Deed Restrictions. Each open space outlot shall conform to the deed restrictions associated with its open space classification.
(a) Natural habitat open spaces shall be considered conservation easements and are for the responsible use and enjoyment of adults and children. Construction in these areas shall be limited to trails (paved or unpaved), open-air shelters, bridges, benches, birdhouses, and wood fencing.
(b) Neighborhood recreation open spaces shall be used for active or passive recreational purposes, including gardening. Construction in these areas shall be limited walkways, open air shelters, bird houses, bridges, garden storage sheds no larger than 120 square feet, wood fencing, landscape planting, play equipment, outdoor furniture, and facilities for active recreation.
(c) Pedestrian corridors shall be used for pedestrian and bicycle travel. Motorized vehicles shall be prohibited. Construction in these areas shall be limited to gravel or paved pathways, wood fencing, and landscape planting.
(d) Habitable structures shall not be permitted in any open space outlot.
vi. Ownership and Management. Each designated open space outlot shall be owned and managed as set forth below, subject to City Council approval.
(a) Open space may be owned in common by the property owners of the subdivision. In the case where at least one outlot of open space is held in common ownership, a homeowner association shall be established for that subdivision and membership in the association by all property owners in the subdivision shall be mandatory. Management shall be the responsibility of that subdivision’s homeowner association.
(b) Open space may be deeded to an established land trust. Management shall be the responsibility of the land trust. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust.
(c) Open space may be deeded to the city. Management shall be the responsibility of the city.
(d) Open space may be protected by establishing conservation restrictions in perpetuity in favor of the city as provided in M.S. §§ 84.64 to 84.65, as they may be amended from time to time. Unless the document establishing the restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the city prior to the execution and delivery thereof. Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement that the area subject to the restrictions be platted as a separate outlot.
b. Neighborhood Configuration. The standards identified herein are intended to result in neighborhoods that offer a variety of lot sizes, configurations, and amenities. Review and approval of standard subdivisions and planned unit developments by the City Council shall be based upon an evaluation that the proposed development plan provides a cohesive neighborhood(s) in a site design appropriate to the location of common open spaces consistent with the following provisions.
i. To establish a cohesive neighborhood unit, residential lots and units should be located in neighborhood clusters to accomplish efficiency of land utilization while adhering to the underlying density and open space requirements of the Zoning District. The objective is to design the project in a manner that minimizes the visual impact of the development on the landscape to the greatest extent reasonably possible.
ii. The neighborhood cluster should be oriented toward an identifiable feature which all residential units share in common. Neighborhood identity may be established by one or more of the following features.
(a) View Shed. The lots of a neighborhood may be arranged such that a majority of the principal structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed.
(b) Physical Amenity. The lots of a neighborhood may be arranged such that a majority of the principal structures will face a green, playground, ball field, rock out cropping, stand of trees, waterbodies, place of worship, school, or other physical feature unique to that particular neighborhood.
(c) Streetscape. The lots may be arranged such that the principal structures will face a street space enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the city’s street design standards.
Subd. 9. Non-Conformities. Subject to the applicable provisions of subsection 1005.11, all legally established non-conformities as of October 29, 1985, may continue, but they shall be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards shall also apply in shoreland areas.
1. Construction on Non-Conforming Lots of Record. This subsection shall apply to all residential districts except for the R-5, Residential Redevelopment District.
a. Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of this subsection may be allowed as building sites without variances from lot size requirements under the following provisions:
i. The use is permitted in the zoning district;
ii. The lot was created compliant with official controls in effect at the time;
iii. Sewage treatment and setback requirements of this subsection are met;
iv. The lot has been in separate ownership from abutting lands on or before October 29, 1985. However, in a group of contiguous lots under single ownership, any individual lot may be allowed as a building site if it is at least 70% of the lot size requirements of this subsection;
v. All other dimensional requirements of this subsection shall be complied with. However, in the event a property owner cannot comply with other dimensional requirements of this subsection because of the limited size of the lot, that property owner shall be required to obtain a variance where necessary to prevent hardship. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit shall be issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided; and
vi. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this subsection, 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 this subsection as much as possible.
2. Non-Conforming Sewage Treatment System.
a. A sewage treatment system not meeting the requirements of this subsection must be replaced, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Replacement of a sewage treatment system must be made by connecting to the city’s municipal system where the connection is available.
b. The governing body of the city has, by formal resolution, notified the Commissioner of its program to identify non-conforming sewage treatment systems. The city shall require replacement of any non-conforming system identified by this program within a reasonable period of time which will not exceed two years.
§ 1004.04 Wetland Overlay District.
Subd. 1. Findings, Intent, and Incorporation by Reference.
1. The city has determined that wetlands serve to maintain water quality by filtering water that is discharged into groundwater aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorous and transform nutrients from their inorganic to organic forms, thereby protecting streams and waterbodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable.
2. Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources.
3. The city has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the city exhibit great variations in their floral diversity, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the city has found that it is in the best interest of the general health and welfare of the city to achieve no net loss of wetlands within the community.
4. The city recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the city finds it necessary to require extraordinary measures to prevent such construction related degradation.
5. In addition to having regulations that affect the physical impacts within wetland areas, the city also finds it is necessary to regulate the use of lands surrounding wetlands. Buffer strips (as defined by Section 1001, Rules and Definitions) are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife.
6. This subsection hereby incorporates by reference the Wetland Conservation Act of 1991 (M.S. §§ 103G.221 et seq. (hereinafter referred to as the WCA)) and any future amendments adopted by the Legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this subsection, insofar as they relate to the WCA. All wetlands, as defined in subsection 1001.02, including those governed by the Department of Natural Resources, are covered by the other provisions of this subsection. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in subsection 1002.12, departures from the strict application of these standards may be permitted.
7. It is the intent of this chapter to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland.
Subd. 2. Purpose and Implementation.
1. Through the adoption and enforcement of this subsection, the city shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this subsection, the city seeks to accomplish the following purposes:
a. To satisfy the requirements of the WCA as it may be amended and thereby achieving no net loss of wetlands within the city;
b. To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the city;
c. To preserve the natural character of the landscape through the maintenance of wetland ecosystems;
d. To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of groundwater, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and
e. To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city.
2. To accomplish these purposes, the city will:
a. Maintain a comprehensive set of official maps identifying the location and classification of all wetlands designated on the National Wetlands Inventory within the city;
b. Establish wetland regulations that are coordinated with floodplain and shoreland protection regulations;
c. Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community;
d. Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs; and
e. Obtain protective easements over or acquire fee title to wetlands as appropriate.
Subd. 3. General Provisions.
1. Identification and Delineation of Wetlands.
a. This subsection shall apply to all land containing wetlands and land within the setback and buffer areas required by this section. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located.
b. A wetland is land that meets the definition of “wetlands” set forth in subsection 1001.02. The presence or absence of a wetland on the National Wetland Inventory does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official National Wetlands Inventory Map are still subject to the provisions of this subsection. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the city. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant’s assertion, including, but not limited to, topographic, hydrologic, floristic, and/or soil data deemed necessary by the city to determine the jurisdictional status of the wetland, its exact boundary, and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the State Board of Water and Soil Resources.
c. Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this subsection.
Subd. 4. General Standards. The following standards apply to all lands within and/or abutting a wetland.
1. Septic and soil absorption systems must be set back a minimum of 75 feet from the city approved boundary of the wetland.
2. The lowest ground floor elevation shall be two feet above the 100-year flood elevation or the ordinary high water mark of public waters regulated by subsection 1004.03, whichever is greater.
3. Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations.
4. The MPCA’s Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process.
5. City inspection schedules and fines for erosion control will double on projects abutting wetlands.
6. Before the city issues a building permit for a lot with a required wetland buffer, the lot owner shall:
a. Record a notice of the wetland buffer requirement against the title to the lot with the office of the County Recorder or Registrar of Titles; and
b. Install the wetland monuments required by Subd. 7 below.
Subd. 5. Wetland Buffer Strips and Setbacks.
1. For lots of record developed after July 20, 2002 and prior to May 25, 2016, a buffer strip of 30 feet shall be maintained abutting all wetlands. The setback and buffer provisions of this chapter shall apply to lots developed or redeveloped on or after May 25, 2016. The city does, however, strongly encourage the use of a wetland buffer and setback on all lots in the city.
2. Fifty-foot wetland buffer strips and structure setbacks shall apply to all parcels of land, whether or not the wetland is on the same parcel as a proposed development.
a. Any existing drain tile shall be modified as part of the project to eliminate short circuiting of the buffer strip.
b. New or enhanced buffer strips shall be maintained by the applicant for the later of one year after completion of the project or acceptance by the Director of Public Works.
3. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in this section. During the first two years, any buffer vegetation that does not survive must be replanted. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards contained in Subd. 8 below. Buffer strips shall be identified within each lot by permanent monuments approved by the city.
4. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the setbacks and buffer standards established in Subd. 6 below.
5. The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography.
6. The 50-foot buffer width and setback shall be measured from the delineated boundary of the wetland and shall apply to structures, roadways, and trails in all zoning districts.
7. Wetland buffer strips not required by this Section may be voluntarily created in conformance with the requirements of this subsection and upon approval of an administrative permit.
8. Example of Buffer and Setback Applied to a Wetland.
Subd. 6. Alternative Wetland Buffer Strips and Setbacks with Extraordinary Management Measures.
1. Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, narrower buffer strips may be necessary to allow for the reasonable use of the land, the city has developed alternative buffer strip standards that may be applied in these instances.
2. The City Council may approve alternative standards, based on an assessment of the following:
a. Size of the parcel;
b. Existing roads and utilities;
c. Percentage of parcel impacted by wetlands;
d. Configuration of wetlands on the parcel; and
e. Quality of the affected wetland(s).
3. The City Council will evaluate the appropriateness of using the alternative standards as part of its review of a sketch plan. An applicant must receive Council approval through either of these review processes prior to submitting a preliminary plan or plat application that applies the alternative buffer strip standards.
4. In instances where the City Council approves alternative buffer standards, an applicant will be required to apply extraordinary management measures to control erosion, sedimentation, and nutrient loading during and for two years and after construction. The applicant must demonstrate that the proposed measures:
a. Will limit dissolved phosphorous concentration to one milligram per liter (mg/l) or less; and
b. Shall provide equal or improved protection to the resource and provided that the resources total buffer area remains the same.
5. Extraordinary management measures that may be permitted in conjunction with and up-slope from the above buffer strip and setback requirement include, but are not limited to, measures that add redundant protections to normal required best management practices.
6. The applicant shall be responsible to submit all of the necessary information to document that the proposed extraordinary construction and storm water management practices (hereinafter referred to as “Extraordinary Management Practices”) will at least duplicate the performance of the required buffers and setbacks, if not exceed it. The applicant shall also have the burden of proving that the purpose and objectives of this chapter will be met through the use of these extraordinary management practices.
7. The approval of any extraordinary management practices shall be conditioned upon a site improvement performance agreement of this chapter, that includes a binding commitment to the maintenance of the proposed alternative treatments throughout their useful life.
Subd. 7. Monument Required. A monument is required at each lot line where it crosses a wetland buffer with a maximum spacing of 200 feet of wetland edge.
Subd. 8. Buffer Strip Vegetation Performance Standards.
1. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. A buffer strip has acceptable natural vegetation if it:
a. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years;
b. Has an overstory of trees and/or shrubs with at least 80% canopy closure that have been uncultivated or unbroken for at least ten consecutive years; or
c. Contains a mixture of the plant communities described in items 1.a and 1.b above that have been uncultivated or unbroken for at least ten consecutive years.
2. Notwithstanding the above performance standards, the city may determine existing buffer vegetation to be unacceptable if:
a. It is composed of undesirable plant species (including, but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge, and noxious weeds);
b. It is lacking a layer of organic thatch or duff;
c. Has topography that tends to channelize the flow of surface runoff; or
d. For some other reason, it is unlikely to retain nutrients and sediment.
3. Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within ten years of the permit application, such areas shall be re-planted and maintained according to each of the following standards.
a. Buffer zones shall be planted with a seed mix containing 100% perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye.
b. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
c. Native shrubs may be substituted for forbs. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows.
d. Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City Code and city policy.
e. Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedlings.
f. No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites where deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.
g. All seeded areas shall be mulched immediately with a mulch material approved by the City Engineer. Mulch shall be anchored with a disk or tackifier.
h. Buffer zones (both natural and created) shall be protected by silt fence during construction, and the fence shall remain in place until the area crop is established.
i. Applicants may obtain from the city a set of standard seeding and planting specifications for buffer zones which meet all the city requirements.
4. During the first two years, the developer shall replant any buffer vegetation that does not survive. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards established in this Section.
§ 1004.05 Mississippi Recreational River Overlay District.
Subd. 1. Policy and Authorization. An ordinance for the controlling of bluffland and riverland development, in order to protect and preserve the outstanding scenic, recreational natural, historical, and scientific values of the Mississippi River in the city, as required by Minn. Rules parts 6105.0800 to 6105.0960, as they may be amended from time to time.
Subd. 2. Title. This subsection shall be known, cited and referred to as the City Mississippi Recreational River Ordinance; except as referred to herein, where it shall be known as “this Ordinance.”
Subd. 3. Purpose. This subsection is adopted to achieve the policy of Subd. 1 above and to:
1. Designate land use districts along the bluffland and shoreline of the Mississippi River;
2. Regulate the area of a lot, and the length of the bluffland and water frontage suitable for building sites;
3. Regulate the setback of structures and sanitary waste treatment facilities from blufflines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, floodplain areas, and bedrock from disruption by human-made structures or facilities;
4. Regulate alterations of the natural vegetation and topography;
5. Maintain property values and prevent poorly planned development; and
6. Conserve and protect the natural scenic values and resources of the Mississippi River and maintain a high standard of environmental quality.
Subd. 4. General Provisions.
1. Jurisdiction. The jurisdiction of this chapter shall include all incorporated land designated within the Mississippi River land use district within the city, as shown on the official city zoning map.
2. Compliance. The use of any land within the Mississippi River land use district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of waste disposal facilities; the filling, grading, lagooning, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations. Permits from the Zoning Administrator are required by this subsection and the city zoning ordinance for the construction of buildings, public or private sewage treatment systems, the grading and filling of the natural topography, and erection of signs within the Mississippi River Recreational Land Use District.
3. Rules.
a. It is not intended by this subsection to repair, abrogate, or impair any existing easement, covenants, deed restrictions, or land use controls. Where this subsection imposes greater restrictions, the provisions of this chapter shall prevail.
b. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by Minnesota Statutes.
c. The provisions of this chapter shall be severable, and the invalidity of any paragraph, subparagraph, or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this chapter or the application of this chapter to a particular property, building, or other structure, such judgment shall not affect any other provision of this chapter or any other property, building, or structure not specifically included in said judgment.
Subd. 5. Land Use District Provisions.
1. Designation of Districts. In order to preserve and protect the Mississippi River and its adjacent lands, which possess outstanding scenic, recreational, natural, historical, scientific, and similar values; the Mississippi River in the city has been given the recreational river classifications and the uses, and classification of the river and its adjacent lands are hereby designated by land use zoning districts, which are shown on the city zoning map and shall be as follows: Recreational River Management Zone. All lands within the Recreational River District along the Mississippi River, which are downstream from the State Highway 24 bridge at Clearwater, as identified in Minn. Rules Chapter 2420, located within the city.
2. Minimum Area, Setbacks, and Other Requirements.
a. The following chart sets for the minimum area, setbacks, and other requirements on the district.
Table 20 | |
Standard | Requirement |
Table 20 | |
Standard | Requirement |
Building setback from bluffline | 25 feet |
Building setback from ordinary high water mark | 100 feet |
Controlled vegetative cutting area | (See subsection 1004.05, Subd. 8) |
Lot width at building line | 200 feet |
Lot width at ordinary high water mark | 200 feet |
Maximum structure height* | 35 feet |
Minimum lot size above high water mark | 20 acres or 2 acres if platted |
On-site sewage treatment system setback from ordinary high water mark | 75 feet |
Setback from bluffline | 25 feet |
Setback from ordinary high water mark | 100 feet |
Note to Table: * Does not apply to structures used for agricultural purposes. | |
b. For lots of record developed after February 27, 2008, a buffer strip of an average of 50 feet but no less than 30 feet shall be maintained abutting all waters of the state. The buffer provisions of this chapter shall apply to lots developed or redeveloped on or after February 27, 2008. The city does however strongly encourage the use of a buffer on all lots in the city.
c. Buffer strips shall apply to all parcels of land whether or not the water of the state is on the same parcel as a proposed development.
i. Any existing drain tile shall be modified as part of the project to eliminate short circuiting of the buffer strip.
ii. New or enhanced buffer strips shall be maintained by the applicant for the later of one-year after completion of the project or acceptance by the City Engineer.
d. Buffer strip vegetation shall be established and maintained in accordance with the requirements found in subsection 1004.04. During the first two years, any buffer vegetation that does not survive must be replanted. After two years, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards contained in subsection 1004.04, Subd. 8. Buffer strips shall be identified within each lot by permanent monuments approved by the city.
e. No structure shall be placed on any slope greater than 13% (13 feet vertical rise in 100 foot horizontal distance), unless such structures can be screened and sewage disposal system facilities can be installed so as to comply with the Sewage Treatment System provisions of Subd. 7 below.
f. No structure shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the State-wide Standards and Criteria for Management of Floodplain Areas of Minnesota (Minn. Rules 6120.5000 through 6120.6200) and subsection 1004.02.
3. Substandard Lots.
a. Lots of record in the office of the County Recorder on the effective date of enactment of the ordinance from which this chapter is derived, which do not meet the dimensional requirements of this chapter, shall be allowed as building sites, provided such use is permitted in the land use district, the lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived, and all sanitary and dimensional requirements are complied with, as practicable.
b. If, in a group of contiguous lots under a single ownership, any individual lot does not meet the lot width minimum requirements of this chapter, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of this chapter, except that such lots which are 50% or more of the lot width standards of these regulations may be considered as a separate parcel of land for the purpose of sale or development, if on-site sewage treatment systems can be installed so as to comply with this chapter.
Subd. 6. Uses Within the Land Use District.
1. Purpose. The purpose of establishing standards and criteria for uses in the Mississippi River Land Use District shall be to protect and preserve existing natural, scenic, historical, scientific, and recreational values, to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the standards and criteria for recreational rivers.
2. Permitted and Conditional Uses.
a. In the following table of uses, “P” means permitted use, “C” means conditional use, and “N” means non-permitted use. Certain of the following uses are subject to the zoning dimension provisions and sewage treatment system provisions of this subdivision and Subd. 7 below. All of the following uses are subject to the vegetative cutting provisions of Subd. 8 below.
Table 21
| |
Agricultural uses | P |
Table 21
| |
Agricultural uses | P |
Essential services | P |
Forestry uses | P |
Governmental campground, subject to management plan specifications | P |
Governmental resource management for improving fish and wildlife habitat, wildlife management areas, nature areas, accessory roads | P |
Municipal government buildings, uses, and utilities | P |
Other governmental open space recreational uses, subject to management plan specifications | P |
Other private open space recreational uses, subject to management plan specifications | C |
Places of worship and graveyards | C |
Private campgrounds, subject to management plan specifications | C |
Private roads and minor public streets | P |
Public accesses, road access type with boat launching facilities subject to management plan specifications | P |
Public accesses, trail access type, subject to management plan specifications | P |
Public roads, subject to the conditions and criteria of MN Regulations NR 79(I) | C |
Sewage disposal systems | P |
Signs approved by Federal, State, or local government, which are necessary for public health and safety and signs indicating areas that are available or not available for public use | P |
Signs not visible from the river that are not specified in subsection 1004.05, Subd. 6.2.n above. In accordance with Chapter 13 of the Big Lake City Code | P |
Single-family residential uses | P |
Temporary docks | C |
Underground mining that does not involve surface excavation in the land use district | C |
Utility transmission power lines and pipelines subject to the conditions and criteria of Minnesota Regulations NR 79(i) | C |
Note to Table: All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use districts. | |
b. In addition to uses in this subdivision, the following uses shall be considered conditional uses within the Mississippi Special Use District, which includes all of the Mississippi River land use district legally described as Government Lots 1,2,3,4 of Section 35, Township 33N, Range 28W, and is shown on the City Zoning Map:
i. Restaurants, cafes, or taverns;
ii. Professional offices;
iii. Franchised automobile and farm implement dealers;
iv. Motels, motor hotels, or tourist camps;
v. Miniature golf courses or archery or golf driving ranges;
vi. Marine and boat sales;
vii. Landscape nurseries or garden stores;
viii. Drive-in restaurants, or similar uses that provide goods and services patrons in automobiles;
ix. Drive-in retail stores or service uses;
x. Bowling alleys;
xi. Automobile service stations; and
xii. Car washes.
Subd. 7. Sewage Treatment Systems.
1. Any premises intended for human occupancy must provide for an adequate method of sewage treatment. Public or municipal collection and treatment facilities must be used where available and feasible. Where public or municipal facilities are not available, all on-site individual sewer treatment systems shall conform to the minimum standards and administrative procedures set forth in the city zoning ordinance and the minimum standards of the State Pollution Control Agency, the State Department of Health, Subd. 5.2 above, and this subdivision.
2. No person, firm, or corporation shall install, alter, repair, or extend any individual sewer disposal system without first obtaining a permit for such from the Zoning Administrator for the specific installation, alteration, repair, or extension.
Subd. 8. Landscape Alterations.
1. Vegetative Cutting.
a. General Provisions within Designated Setback Areas.
i. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
ii. Selective cutting of trees in excess of four inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous tree cover is maintained.
iii. The cutting provisions of Subd. 8.2 below shall not be deemed to prevent:
(a) The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards; and/or
(b) Pruning understory vegetation, shrubs, plants, brush, grass, or from harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height.
b. Clear Cutting. Clear cutting anywhere in the designated land use district on the Mississippi River is subject to the following standards and criteria.
i. Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation.
ii. Clear cutting shall be conducted only where clear cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.
iii. The size of clear cut blocks, patches, or strips shall be kept at a minimum necessary.
iv. Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
2. Grading, Filling, Alterations of the Beds of Public Waters.
a. Any grading and filling work done within the designated land use district(s) of this chapter shall require a permit from the Zoning Administrator and shall comply with the following.
i. Grading and filling of the natural topography, which is not accessory to a permitted or conditional use, shall not be permitted in the land use district.
ii. 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 from the zoning authority. A grading and filling permit may be issued only if the conditions of this subdivision are properly satisfied.
iii. Grading and filling of the natural topography shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.
iv. Grading and filling of the natural topography shall also meet the following standards:
(a) The smallest amount of bare ground is exposed for as short a time as feasible;
(b) Temporary ground cover such as mulch is used and permanent ground cover, such as sod is planted;
(c) Methods to prevent erosion and to strap sediment are employed; and
(d) Fill is stabilized to accept engineering standards.
b. Excavation of material from, or filling in a recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner of DNR pursuant to M.S. § 103G.245, as it may be amended from time to time.
c. Drainage or filling in of wetlands is not allowed within the land use district(s) designated by this subsection.
Subd. 9. Land Subdivision.
1. Land Suitability.
a. No land shall be subdivided which is determined by the City Council to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.
b. The provisions otherwise set forth in this subsection and in the city subdivision ordinance shall apply to all plats.
2. Planned Unit Developments. A planned unit development may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivisions development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this chapter for planned unit development provided:
a. Preliminary plans are approved by the Commissioner prior to their enactment by the City Council;
b. Central sewage facilities are installed which meet the standards, criteria, rules, or regulations of the State Department of Health and Pollution Control Agency;
c. Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of easements, or other methods; and
d. There is not more than one centralized boat launching facility for each planned unit development.
Subd. 10. Administration.
1. Organizational Provisions.
a. The provisions of this chapter shall be administered by the City Administrator.
b. The Board of Adjustment of the city shall act upon all questions as they arise in the administration of this chapter; to hear and decide appeals; and to review any order, requirements, decisions, or determination made by the Zoning Administrator, who is charged with enforcing this subsection as provided by Minnesota Statutes.
c. Permit fees and inspection fees, as may be established by resolution of the City Council, shall be collected by the Zoning Administrator for deposit with the city, and credited to the appropriate General Fund.
2. Non-Conforming Uses, Substandard Uses.
a. Non-Conforming Uses. Uses which are prohibited by this subsection, but which are in existence prior to the effective date of the ordinance from which this subsection is derived, shall be non-conforming uses. Such uses shall not be intensified, enlarged, or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in most current permits issued prior to the adoption of this subsection.
b. Non-Conforming Sanitary Systems. All sanitary facilities inconsistent with the performance standards of Section 810 of the City Code and the minimum standards of the State Pollution Control Agency and the State Department of Health shall be brought into conformity or discontinued within five years of the date of enactment of this or other applicable ordinances.
c. Substandard Uses. All uses in existence prior to the effective date or enactment or amendment of this subsection which are permitted uses within the newly established land use district, but do not meet the minimum lot area, setbacks, or other dimensional requirements of this chapter are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exception.
i. Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.
ii. Substandard signs shall be gradually eliminated over a period of this not to exceed five years from the date of the enactment of this subsection.
iii. Where a setback pattern from the ordinary high water mark has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply to lots which do not meet the minimum lot width requirements (Subd. 5.2.a above).
3. Plats.
a. Copies of all plats within the boundaries of the Mississippi River Land Use District(s) shall be forwarded to the Commissioner within ten days of approval of the city.
b. Inconsistent Plans. Approval of a plat, which is inconsistent with this subsection, is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
c. All inconsistent plats approved by the city must be reviewed in accordance with Subd. 10.6 below.
4. Conditional Use Permit Review. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least ten days prior to such hearings or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of such action.
5. Approval by Commissioner.
a. Certain land use decisions, which directly affect the use of land within the designated land use districts and involve any of the following actions, must be approved by the Commissioner (Subd. 10.6 below):
i. Adopting or amending an ordinance regulating the use of land including rezoning of particular tracts of land;
ii. Granting a variance from a provision of this chapter which relates to the zoning dimension provisions of Subd. 5 above; and
iii. Approving a plat which is inconsistent with the local land use ordinance.
b. Review Procedure.
i. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under local ordinance shall be sent so as to be received by the Commissioner at least ten days prior to such hearings or meetings to consider such actions. The notice of application shall include a copy of the proposed ordinances or amendment.
ii. The action of the city shall become effective when and only when either:
(a) The action has previously received approval from the Commissioner;
(b) The city receives approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and no response has been sent by the Commissioner; or
(d) The Commissioner certifies his or her approval within 30 days after conducting a public hearing.
6. Permits. The following table summarizes the permit and certification process within the land use districts designated by this chapter.
Table 22 | |
Recreational Land Use District Permits | Action Necessary |
Table 22 | |
Recreational Land Use District Permits | Action Necessary |
Amendments of district boundary* | PH - AC |
Amendments to ordinance | PH - AC |
Building permits | LP |
Conditional use permits | PH - FD |
Grading, filling permits | LP |
Inconsistent plat | PH - AC |
Planned unit developments | PH - WA |
Plats | PH (notification not required - FD |
Septic permits | LP |
Sign construction permits | LP |
Water supply permits | LP |
Variances | PH - AC |
Note to Table: * Amendments to district boundary also requires a hearing by the Department of Natural Resources under the authority of M.S. Chapter 15, as it may be amended from time to time. LP: Permit issued by the city in accordance with this chapter and all other city ordinances. AC: Approval by the Commissioner of Natural Resources prior to final local approval. PH: Public hearing necessary by the local authority giving ten days’ notice of the hearing to the Commissioner of Natural Resources. FD: The city forwards any decisions to the Commissioner of Natural Resources within ten days after taking final action. WA: The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives preliminary approval, written review, and approval of the project. | |
7. Enforcement. In the event of a violation or a threatened violation of this chapter, the city, or the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, or abate such violations or threatened violations.
§ 1004.06 Transit Oriented Development District.
Subd. 1. Purpose. The purpose of the Transit Oriented Development (TOD) District is to:
1. Implement the city’s “vision” of the TOD area as outlined in the City Comprehensive Plan, Transit Oriented Development Design Manual, and Master Plan;
2. Encourage a mix of moderate and high density development within walking distance of the transit station (to increase transit ridership);
3. Create a pedestrian-friendly environment to encourage walking, bicycling, and transit use;
4. Provide an alternative to traditional development by welcoming and promoting mixed use, pedestrian oriented development;
5. Create a neighborhood identity that promotes pedestrian activity, human interactions, safety, and livability;
6. Reduce automobile dependency and roadway congestion by locating multiple destinations and trip purposes within walking distance of one another; and
7. Provide a range of housing options for people of different income levels, needs, and at different stages of life.
Subd. 2. Establishment of Zones. Within the Transit Oriented Development District, the following zones are to be established in accordance with City Comprehensive Plan, Transit Oriented Development Design Manual, and Master Plan.
1. Station Zone. The “Station Zone” shall include lands generally within one quarter mile of the rail station (as depicted in the Comprehensive Plan/ Transit Oriented Development Design Manual/Master Plan) and serves as the focal point of the TOD area. Within this zone, transit oriented commercial uses and high density apartment-style housing are intended to be the primary features.
2. Midway Zone. The “Midway Zone” includes lands generally between one- quarter and one-half mile of the rail station (as depicted in the Comprehensive Plan/Transit Oriented Development Design Manual/Master Plan) and is intended to accommodate a mix of commercial and high density residential housing.
3. Transition Zone. The “Transition Zone” shall include lands generally located between one-half and three-quarter miles of the rail station (as depicted in the Comprehensive Plan/Transit Oriented Development Design Manual/Master Plan). The transition zone is intended to transition from the Station and Midway Zones to the land uses that lie beyond the Transition Zone. Within this zone, business campus uses, similar to that allowed within the city’s B-1, Business Campus Zoning District, and high density residential uses, similar to that allowed within the R-3 High Density Residential zoning district are encouraged.
Subd. 3. Allowed Uses. The following uses are allowed within the TOD District (by specific zone) and subject to applicable administrative requirements of this chapter.
Table 23 | ||
STATION ZONE | MIDWAY ZONE | TRANSITION ZONE
|
Table 23 | ||
STATION ZONE | MIDWAY ZONE | TRANSITION ZONE
|
Permitted Uses | ||
Service oriented office uses Above ground floor non-service oriented office uses Mixed uses with ground floor retail, personal services, and/or service oriented offices and an above ground floor multiple-family residential component Banks, credit unions Retail businesses (under 10,000 square feet) as standalone units or as part of a multi-tenant building Government uses and buildings (including transportation terminals) Transit stations Restaurants (without drive-through facilities) Civic, cultural, and community facilities Theaters, except drive-ins Dry cleaner stores with cleaning facilities outside the TOD District Concessions/vending as approved by Metro Transit Multiple-family residential developments containing ten or more dwelling units per acre | Mixed uses with ground floor retail, personal services, and/or service oriented offices and an above ground floor multiple-family residential component Ground floor restaurants (without drive-through facilities) Multiple-family residential developments containing eight or more dwelling units per acre | All permitted uses as allowed within the B-1, Business Campus Zoning District All permitted uses as allowed within the R-3 High Density Residential Zoning District |
Accessory Uses | ||
Accessory antennas Accessory uses and buildings customary and incidental to uses allowed as permitted, conditional, interim, and administrative permits in this chapter Fences Off-street parking and loading Sexually oriented use - accessory, as regulated by subsection 1005.10 and the license requirements of the city Signs | Accessory antennas Accessory uses and buildings customary and incidental to uses allowed as permitted, conditional, interim, and administrative permits in this chapter Fences Home occupations Off-street parking and loading Sexually oriented use - accessory, as regulated by subsection 1005.10 and the license requirements of the city Signs | All permitted accessory uses as allowed within the B-1, Business Campus Zoning District All permitted accessory uses as allowed within the R-3, High Density Residential Zoning District |
Uses by Administrative Permit | ||
All uses by administrative permit as allowed in the B-1, Business Campus Zoning District Outdoor dining, accessory as regulated by subsection 1006.07 | All uses by administrative permit as allowed in the B-1, Business Campus Zoning District and the B-2, Neighborhood Business District | All uses by administrative permit as allowed within the B-1, Business Campus Zoning District All uses by administrative permit as allowed within the R-3 High Density Residential Zoning District |
Conditional Uses | ||
Accessory outdoor seating associated with food service businesses Commercial parking lots and structures (as a principal use) Commercial recreation (indoor) Stadiums and sports facilities over 10,000 seats Grocery stores over 10,000 square feet All permitted uses in the B-2 Neighborhood Business District not already permitted in the Station Zone | Accessory outdoor seating associated with food service businesses Convenience stores with gas Restaurants with drive-through facilities Hotels Hospitals Public, educational, and religious buildings and municipal government buildings All permitted uses in the B-2 Neighborhood Business District not already permitted in the Midway Zone | All conditional uses as allowed within the B-1, Business Campus Zoning District Office/warehouse Public, educational, and religious buildings and municipal government buildings All conditional uses as allowed within the R-3 High Density Residential Zoning District |
Interim Uses | ||
All interim uses as allowed within the B-1, Business Campus Zoning District | All interim uses as allowed within the B-1, Business Campus Zoning District | All interim uses as allowed within the B-1, Business Campus Zoning District |
Subd. 4. Parking Requirements.
1. Supply Requirements.
a. Station Zone.
i. Non-Residential Uses. Not more than one parking space per 100 square feet of gross building area.
ii. Residential Uses. A minimum of one stall shall be provided per unit. A maximum of two parking stalls per unit is allowed as a permitted use. Up to three parking stalls per unit may be allowed by conditional use permit. Any parking that is provided beyond one and one-half stalls per unit shall be in a garage or parking structure.
b. Midway Zone.
i. Non-Residential Uses. Not more than one parking space per 100 feet of gross building area.
ii. Residential Uses. A minimum of two parking stalls shall be provided per unit. One stall shall be in a garage or parking structure. A maximum of two and one-half stalls is allowed as a permitted use. Up to three parking stalls may be allowed per unit by conditional use permit.
c. Transition Zone.
i. Non-Residential Uses. There shall be no minimum or maximum parking requirement.
ii. Residential Uses. A minimum of two parking stalls shall be provided per unit. A maximum of two and one-half stalls is allowed as a permitted use. Up to three parking stalls may be allowed per unit by conditional use permit.
2. Shared Parking. For lots serving more than one use, the total number of spaces required may be reduced, provided that the applicant submits credible evidence to the satisfaction of the city that the peak parking demand of the uses will not coincide and that the accumulated parking demand at any one time shall not exceed the total capacity of the facility.
3. Parking Lots.
a. Surface parking lots shall not be located within front yards or other yards which abut public streets.
b. Surface parking lots with more than 30 spaces shall be divided into separate areas by landscaped areas of at least ten feet in width. A minimum of 15% of all surface lots shall be landscaped. No row of parking shall be more than ten spaces wide without being interrupted by a landscaped area. Each landscaped area shall have at least one tree. Landscaped areas shall be planted with low-maintenance, salt tolerant plants (capable of withstanding extreme weather conditions) and irrigated.
c. Surface lots shall be screened along all sidewalks by a landscaped buffer of not less than five feet or three-foot walls or fencing compatible with the adjacent architecture.
d. Surface parking lots shall provide pedestrian walkways and connections to the sidewalk system.
4. Parking Structures.
a. Parking structures shall incorporate pedestrian walkways and connections to the neighborhood sidewalk system.
b. Parking structures are encouraged to include ground level retail uses along streets and sidewalks.
c. Parking structures shall adhere to the guidelines of the City Downtown Design Standards. Application of the standards shall follow the same procedure as in the Downtown Design Standards-Transition Zone.
5. Bicycle Racks. Bicycle racks shall be provided on-site at a ratio of one space for every 15 automobile parking spaces or portion thereof.
Subd. 5. Dimensional Requirements.
1. Building Setbacks.
a. Station and Midway Zones.
i. Front Yard: Minimum of zero feet and maximum of five feet for mixed-use and commercial buildings. Minimum of five feet and a maximum of 15 feet for residential buildings without a mixed-use component. Steps, stoops, ramps, or similar features may encroach into the required setback provided they do not extend above the height of the ground floor level of the principal structure. The front yard setback may be increased to 25 feet from the front property line if a courtyard, plaza, or seating area is incorporated into the development (adjacent to the public street).
ii. Side Yard: Minimum of zero feet and maximum of 25 feet.
iii. Rear Yard: 15 feet.
b. Transition Zones. Same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential sues.
2. Lot Coverage.
a. Station and Midway Zones.
i. Minimum Lot Coverage. 60% of the net lot area. This lot coverage may be reduced if a minimum of 40% of the lot is developed as improved public open space.
ii. Maximum Lot Coverage. 85% of the net lot area. This lot coverage may be increased to 100% for mixed use buildings.
b. Transition Zones. Same as applied in the B-1, Business Campus District.
3. Building Height.
a. Minimum Height.
i. Station Zones: two stories and 30 feet.
ii. Midway Zones: 18 feet.
iii. Transitional Zones: none.
b. Maximum Height.
i. Station Zones: five stories or 60 feet, whichever is less, except as is allowed through the conditional use permit process.
ii. Midway Zones: three stories or 40 feet, whichever is less, except as is allowed through the conditional use permit process.
iii. Transitional Zones: same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential uses.
4. Sidewalks.
a. Station and Midway Zones.
i. Sidewalks not less than five feet in width shall be constructed along the frontage of all public streets.
ii. Pedestrian scale lighting fixtures no greater than 15 feet in height shall be provided along all sidewalks and walkways (public and private) to provide ample lighting during nighttime hours.
iii. All sidewalks and walkways shall meet ADA requirements.
b. Transition Zones. Same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential uses.
Subd. 6. Design Standards.
1. Streetscapes.
a. Station and Midway Zones.
i. Street trees shall be planted by the developer along all public rights-of-way. Street trees shall be planted at intervals of no more than 40 feet. Tree species shall be selected that require minimal maintenance and are commonly hardy and adaptive to urban environments.
ii. Pedestrian amenities such as benches, public art, planters, trash receptacles, and the like shall be provided and located along sidewalks and in landscaped areas, open spaces, and plazas.
iii. All new utilities shall be placed underground.
b. Transition Zones. Same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential uses.
2. Building Facades.
a. Station and Midway Zones.
i. The architectural style and materials of all buildings shall be consistent with the guidelines of the City Downtown Design Standards. Application of the standards shall follow the same procedure as in the Downtown Design Standards-Transition Zone.
ii. All buildings shall provide a main entrance on the facade of the building facing the transit station or streets leading to the transit station.
iii. The main entrance of any building shall face the street. The main entrance shall not be set back more than five feet from the front property line, unless a public seating area or plaza is provided in front of the building.
iv. Facades over 50 feet in length shall be divided into shorter segments by means of facade modulation, repeating window patterns, changes in materials, canopies, or awnings, varying roof lines, and/or other architectural treatments.
v. The ground floor of a front commercial facade shall contain a minimum of 50% glass.
vi. All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.
vii. All structured parking is encouraged to be designed so that the only openings at street level are those necessary to accommodate vehicle ingress and egress, and pedestrian access to the building. All openings are encouraged to be designed so that vehicles are not visible from the sidewalk.
b. Transition Zones. Same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential uses.
3. Signage.
a. Station Zones.
i. Freestanding Signs. Freestanding signs, as defined by the city sign ordinance, are expressly prohibited. Kiosks and public informational signs placed and owned by the city are exempt from this provision.
ii. Projecting Signs. Projecting signs, as defined by the city sign ordinance, including those which encroach upon public right-of-way, shall be allowed, provided:
(a) A clearance of not less than eight feet above surface grade is provided;
(b) The right-of-way encroachment does not exceed two feet; and
(c) The city determines that such sign shall not obstruct the vision of drivers or detract from the visibility of traffic control devices.
iii. Height. No signs shall extend higher than the height of the ground story.
iv. Size. No facade sign shall exceed 25% of the ground floor wall area. No other sign shall exceed 25 square feet in size. Signs may be double-sided.
v. Design. All signs shall be complimentary to the principal building in their use of color, shape, and material.
c. Transition Zones. Same as applied in the B-1, Business Campus District for non-residential uses and the R-3 High Density Residential District for residential uses.