Burnsville City Zoning Code

CHAPTER 10

8 SPECIAL-OVERLAY DISTRICTS

10-8-1: Environmental Overlay District

General Provisions For All Overlay Districts
1. Purpose And Intent: Overlay districts established by this chapter are created for the purpose of protecting environmentally sensitive areas within designated areas of the city.
2. Scope: These districts shall overlay the established zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the established zoning districts. Land within an overlay district shall be subject to the requirements established in this title, as well as restrictions and requirements established by other applicable ordinances and regulations of the city. Within each adopted overlay district all uses shall be permitted in accordance with the regulations for the underlying zoning district(s); provided, however, that such uses must satisfy the additional requirements established in this title before development will be allowed.
3. Establishment Of Districts: The following overlay districts are hereby established:
  1. Wetlands overlay district.
  2. Soil erosion overlay district.
  3. Restrictive soils overlay district.
  4. Woodland overlay district.
  5. Shoreland overlay district.
  6. Stormwater overlay district.
  7. Drinking water protection overlay district.
4. District Boundaries: This title shall apply to the wetlands, soil erosion, restrictive soils, and shoreland overlay districts which are specifically delineated on the official environment overlay district maps of the city, which are incorporated herein by reference. The drinking water protection overlay district shall apply to the areas of the city, shown on the drinking water protection overlay map adapted from the wellhead protection area in part two of the wellhead protection plan dated June 19, 2013. For purposes of this title the woodland and stormwater management overlay districts shall encompass the entire city.
Legislative Findings And Purpose:
1. Wetlands Overlay District: Wetlands and public waters wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this overlay district to establish a policy of sound stewardship through coordination of regulations, which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. This overlay district is adopted in part to implement the wetland conservation act of 1991 (Minnesota laws 1991, chapter 354, as amended), and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended).
2. Soil Erosion Overlay District: Certain areas within the city contain slopes or unstable soils that can cause ecological impacts, including erosion, runoff, and the resulting siltation and pollution of water bodies and streams. These conditions also pose risks to public safety, such as landslides and mudslides. The purpose of this chapter is to protect public safety by minimizing hazards associated with steep slopes and unstable soils, protect public health by reducing erosion-related impacts to water resources, and promote the general welfare by preserving significant natural slope features and guiding development in a manner that reduces these risks.
3. Restrictive Soils Overlay District: Certain areas within the city contain soil types, slopes, and water conditions that are unsuitable for development without appropriate mitigation measures, and development in these areas, if not properly managed, can increase soil erosion and sedimentation, introduce contaminants into groundwater, contribute to pollution, degrade ecological and natural resources, and require significant public expenditures to correct resulting deficiencies, all to the detriment of the health, safety, and welfare of the citizens of Burnsville; therefore, the purpose of this chapter is to regulate development on restrictive soils in a manner that minimizes the risk of environmental damage and protects private property owners and public entities from incurring substantial maintenance and capital costs associated with such deficiencies.
4. Woodland Overlay District: The preservation of trees and woodlands within the city is essential to the health, safety, and welfare of the community and the broader metropolitan area. Existing and future development can reduce or eliminate wooded areas that, if preserved, provide important ecological, recreational, and aesthetic benefits for current and future residents. The purpose of this chapter is to preserve trees and woodlands on individual sites; protect public safety by reducing wind and water erosion, slope instability, and rapid runoff; promote public health through the absorption of air pollutants, contaminants, and noise and by increasing groundwater recharge; support diverse plant and animal habitats necessary for wildlife; enhance the aesthetic and recreational value of the area; and promote energy conservation by providing shade in the summer and wind protection in the winter.
5. Shoreland Overlay District:
  1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
  2. Policy: The uncontrolled use of shorelands of Burnsville, Minnesota, affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Burnsville, hereinafter referred to as "the city".
  3. Jurisdiction: The shoreland overlay district provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Subsection 10-8-10(B) of this chapter. Pursuant to Minnesota Regulations, Parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities 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, be exempt from this chapter.
  4. 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 chapter and other applicable regulations.
6. Stormwater Overlay District: The management of stormwater runoff is essential to the health, safety, and welfare of the city’s residents, as both the quality and quantity of runoff directly affect ecological and physical conditions, including soil erosion, flooding, water pollution, and aquatic life. The purpose of this chapter is to accommodate anticipated development while controlling stormwater runoff and protecting surface and groundwater resources through the implementation of the city’s water resources management plan and applicable performance standards for land-disturbing activities. This chapter is further intended to maintain safe and healthful conditions; prevent and control the adverse effects of stormwater, including soil erosion and water pollution; protect fish, aquatic life, and spawning areas; reduce the risk of exceeding the capacity of drainage systems and receiving waters; limit channel erosion and the transport of sediment; prevent damage to downstream properties; and guide site design, including building placement and impervious surfaces, in a manner that supports sound and sustainable economic growth.
7. Drinking Water Protection Overlay District: The purpose and intent of this overlay district is to:
  1. Acknowledge that certain areas within the city are highly susceptible to drinking water contamination, based on location of wells, surface water supply, and geomorphology;
  2. Provide for land uses that are compatible with the protection of the drinking water supply, while providing performance standards for uses that may put the aquifer at risk;
  3. Provide performance standards for land uses that have the potential to be detrimental to the drinking water supply.
Overlay District Administration:
1. Administration: Except as hereinafter provided, no one may perform any development in a stormwater, woodlands, wetlands, shoreland, soil erosion, drinking water protection or restrictive soils overlay district or obtain a development permit, without first having demonstrated that the proposed activity will meet or exceed the additional performance standards contained in this chapter. Any application for a development permit on land which is covered, in whole or in part, by this chapter shall include a site plan. Other engineering data, such as surveys, soil studies, and other descriptive information, may also be required at the direction of the city. A specific description of the type, amount and location of the development, and a description of the ecological characteristics of the natural features contained on the property, as well as the conservation plan describing actions to be taken to mitigate detrimental effects of development may also be required. When the proposed development includes the construction or alteration of a structure, four (4) sets of plans and one digital plan set shall be submitted with the application.
2. Exceptions:
  1. Emergency Work Necessary To Preserve Life Or Property: A person may commence emergency work necessary to preserve life or property, provided that within ten (10) days following the commencement of that activity, he/she submits a site plan for review along with any other information requested by the city necessary to determine if the performance standards contained in this chapter were met. If upon this review it is determined that all of the performance standards were not met, a plan shall be submitted and implemented (following city approval) to restore the natural resources to meet the intent of the performance standards contained in this title.
  2. Repair; Maintenance: Repair or normal maintenance.
3. Conditional Use: An applicant of a proposed development whose development does not comply to the letter with one or more of the standards in this chapter, but meets the spirit of the standards, may apply to the city council for a conditional use permit, pursuant to Section 10-5-5 of this title. The applicant shall demonstrate that the standards of Section 10-5-5 of this title have been met, and that the proposed development adheres to the purposes of the overlay district standards. The planning commission and city council may attach conditions they deem necessary to protect the overlay district and ensure that the intent and purpose of the overlay district is accomplished.
4. Enforcement: The city manager, or his or her designee, is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional and interim uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subsection 10-8-10(A)1 of this chapter.
5. Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
6. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other provisions of this title inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
7. Definitions: Unless specifically defined in Sections 10-4-2 and 10-8-2 of this chapter, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.

Wetlands Overlay District Standards: No development shall be allowed or development permit issued unless the City Council finds that the proposed development complies with the following standards:

State Regulations: The Wetland Conservation Act of 1991 (Minnesota laws, 1991, chapter 354, as amended) and that accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended) are incorporated herein by this reference.
Delineation Of Wetlands: Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable City ordinances and regulations. The standards and requirements set forth in this Chapter shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located.
1. A wetland is land that meets the definition of "wetlands" set forth in this Title. Wetland boundaries and wetland types as established by the Wetland Protection and Management Plan shall be prima facie evidence of the location and type of wetland. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for review supporting the applicant's position. The applicant shall provide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The city shall make a determination of the delineated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a qualified wetland consultant. The applicant may appeal the city's determination of the wetland boundary and type to the city council. Wetland boundaries shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland boundary.
No Net Loss: To achieve no net loss of wetland areas and public values, except as provided under subsection (O) of this section, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands.
Standards: The following standards apply to all land within and abutting a wetland:
1. Septic and soil absorption system must be set back a minimum of 75 feet from a wetland boundary.
2. The lowest ground floor elevation shall be a minimum of 2 feet above the elevation of the wetland.
3. Docks shall be elevated 6 to 8 inches above the water surface.
4. Access across a wetland shall be by means of a boardwalk or dock and only upon approval of a wetland alteration permit.
5. The Minnesota Pollution Control Agency (MPCA) Urban Best Management Practices shall be followed.
6. The standards of the city's Wetland Protection and Management Plan shall be followed.

Wetland Buffer Strips And Setbacks:

A buffer strip shall be maintained abutting all wetlands and public waters wetlands in accordance with the following table:

Wetland Classification	Principal And Accessory Structure Setback (Feet)	Permanent Buffer Strip Average Width (Feet)	Minimum Permanent Buffer Zone Width (Feet)	Percent Native Vegetation
Protection	50	50	30	Entire
Improvement	35	35	25	Entire
Management	25	25	20	Majority
Management II	None	20	20	Majority

Buffer strip vegetation shall be established and maintained in accordance to the following requirements:
1. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife.
2. The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland and public waters wetland, local topographic conditions, and the type and design of development being proposed.
3. The use of a meandering buffer strip to maintain a natural appearance is encouraged.

Wetland Alteration: An applicant for a permit to alter a wetland shall adhere to the following principles in descending order of priority:
1. Filling must be consistent with the city's Wetland Protection and Management Plan and the Water Resources Management Plan;
2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and
5. Filling in wetland areas must be mitigated in accordance with the requirements of this chapter and the city's Wetland Protection and Management Plan.
  A permit shall not be issued unless the proposed development complies within the mitigation provisions of subsection (K) of this section, as well as the standards, intent, and purpose of this section.
Permit Required: Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland and any land within the minimum permanent buffer zone as shown in Subsection (E) of this section of a delineated wetland boundary requires a permit. Activity in a wetland requiring a permit includes, but is not limited to:
1. Construction of new streets and utilities.
2. Creation of ponds or dams and alterations of the natural drainageways of watercourses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland.
3. Installation of boardwalks.
4. Discharge of stormwater runoff in a manner that impacts the wetland.
Filling: When a permit is issued allowing filling in a wetland, the following standards shall be followed:
1. Filling must be consistent with the Water Resources Management Plan.
2. Filling shall not cause the total natural nutrient stripping capacity of the wetland to be diminished to an extent that is detrimental to any area river, lake, or stream.
3. Only fill free of chemical pollutants and organic wastes may be used.
4. Filling in wetlands will not be permitted during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
5. Filling in wetlands must be mitigated in accordance with the requirements of this chapter.
Dredging/Excavating/Grading: When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed:
1. The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland.
2. It shall be located as to minimize the impact on vegetation.
3. It shall not adversely change water flow.
4. The size of the dredged area shall be limited to the minimum required for the proposed action.
5. Disposal of the dredged material is prohibited within the wetlands , except to create islands that have been approved by the city as part of the mitigation plan.
6. Disposal of any dredged material shall include proper erosion control and nutrient retention measures.
7. Dredging in any wetland is prohibited during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
8. Dredging in wetlands must be mitigated in accordance with the requirements of this Section if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the city's Wetland Protection and Management Plan and the Water Resources Management Plan.
Stormwater Runoff: When a permit is issued authorizing stormwater runoff to discharge directly into a wetland, the following standard applies: stormwater runoff from a development may be directed to the wetland only if consistent with the city’s Wetland Protection and Management Plan and Water Resources Management Plan, and site design should prioritize sheet flow and other overland drainage methods where feasible.”
Mitigation:
1. Mitigation Intent: Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value.
2. Mitigation Standards: Mitigation of wetlands for function and value should be restored, created, and enhanced to have the following characteristics:
  1. Relatively stable water levels subject to natural fluctuations.
  2. Pretreatment of inflow waters to improve quality.
  3. High level of upland/lowland intermingling.
  4. A ratio of open water to aquatic vegetation between 1:1 and 1:2.
  5. High degree of intermingling of open water and aquatic vegetation.
  6. High level of plant species diversity.
  7. Restoration of native plant species in upland and lowland areas.
  8. Undisturbed upland/lowland edge (i.e., buffer).
  9. Meandered wetland edge.
  10. Irregular bottom contours - mix of shallow and deep water.
  11. Shallow side and bottom slopes - preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability.
3. Mitigation Techniques:
  1. Mitigation shall be performed at a ratio required by state law.
  2. Mitigation shall result in no net loss to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat.
  3. Mitigation shall provide a buffer strip as set forth in this chapter. The buffer strip acreage may be included in the total acreage for mitigation purposes to the extent allowed pursuant to Minnesota Rules 8420.0540.
  4. Mitigation shall maintain or enhance the wetland hydrological balance through the following:
    1. Restoration of drained or partially drained wetlands.
    2. Restoration of degraded wetlands.
    3. Creation of new wetlands.
  5. If stormwater is channeled into a wetland, mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality.
  6. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity, provide visual variety, and provide nesting and food for wildlife.
  7. Wetland mitigation should be undertaken on site. If this is not feasible as demonstrated to the city, mitigation should occur in accordance with the requirements of the wetland Conservation Act.
4. Construction Management And Long Term Wetland Maintenance:
  1. The permit holder shall follow the Minnesota Pollution Control Agency Urban Best Management Practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.
  2. The permit holder shall conduct a monitoring program in accordance with the requirements of the Wetland Conservation Act. A letter of credit or cash security in the amount of the estimated construction costs of the mitigation plan from the permit holder shall be held to ensure compliance. The letter of credit shall be in the form approved by the city and shall be from a Federal Deposit Insurance Corporation (FDIC) insured local bank. The letter of credit or cash security may be reduced to twenty five percent (25%) if the city approves the mitigation construction and the permit holder provides the city with as built plans showing compliance with the approved mitigation plans. At the end of the monitoring period, the city will release the last 25 percent of the letter of credit or cash security if the permit holder demonstrates compliance with the designed wetland as built plans.
    Where feasible, the city shall require the permit holder to satisfy long term management requirements.
Application And Issuance Of Permit:
1. The applicant for a permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and an assessment of the functions and value of the impacted wetland Minnesota Routine Assessment Methodology (MnRAM) assessment) for the review of a wetland alteration permit application. The Public Works Director or designee shall use discretion regarding the level and complexity of information required to review the request. A wetland alteration permit shall not be issued without having been first reviewed by City staff and approved by the City Council following requirements and time schedules of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purpose, intent, and other provisions of this chapter. The city council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this Chapter. Such conditions may, among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; state the work over time; require the alteration of the site design to ensure buffering; and require the provision of a performance security.
2. The Public Works Director or designee shall serve on the Technical Evaluation Panel (TEP). Decisions under this section must not be made until after receiving the determination of the TEP regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the TEP asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved Comprehensive Wetland Protection and Management Plan per Minnesota Rules 8420.0650. The city council may seek and consider recommendations, if any, made by the TEP in making replacement plan decisions
3. Decisions made under this section concerning implementation of the Wetland Conservation Act may be appealed to the Board of Water and Soil Resources under Minnesota Rules 8420.0250.
4. The application for a permit under this chapter shall be accompanied by a permit fee to be determined by the city council.
Inspection Of Work: The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work.
Expiration And Renewal Of Permit:
1. Unless other time periods are specified by the City Council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one year after the date the city council approves the permit application.
2. The permittee shall provide written notice to the City 24 hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion.
3. If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The city council may renew a void permit at its discretion. If the city council does not renew the permit, the holder of the void permit may make original application for a new permit.
4. The permittee may make written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension.
Exemptions: Activities exempted by Minnesota Rules 8420.0122 shall be exempted from the provisions of this Chapter. However, Certificates of Exemption must be obtained from the city prior to starting work. Applications for Certificates of Exemption will be reviewed and approved by the Public Works Director or designee. Applications that are denied may be appealed by the applicant to the city council.

Soil Erosion Overlay District Standards: No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following standards:
1. No development shall be permitted on severe slopes of forty percent (40%) or more without an approved conditional use permit pursuant to Subsection 10-8-4(C) of this chapter.
2. During construction and until such time as final control measures are fully implemented and established, adequate development practices will be maintained to ensure that gross soil losses (expressed in terms of tons per acre per year) shall not exceed five (5) tons per acre per year during construction or two (2) tons per acre per year during construction when the site is adjacent to a water body or watercourses; and one-half (1/2) ton per acre per year after the construction activities are completed. This shall be determined by using the "U.S. Natural Resources Conservation Service Technical Guide" or another commonly accepted soil erosion methodology approved by the city.
3. The development shall comply with the requirements in section 10-8-8 of this chapter.
4. A forty foot (40') building setback shall be maintained along the Minnesota River bluffs. The "bluff line" is defined as the point at which the slope gradient exceeds forty percent (40%).
Restrictive Soils Overlay District Standards:
1. No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following requirements:
  1. No on site sewage disposal system shall be permitted on poorly drained soils, shallow soils, soils with low permeability, or soils with rapid permeability unless the permit applicant proves that a conventional soil system will be successfully modified, installed and maintained, such that the restrictive conditions will be overcome.
  2. No residential development shall be permitted on poorly drained soils, somewhat poorly drained soils, very shallow soils, soils with high shrink-swell or high frost action potential, or very steep or steep slopes unless the applicant proves construction techniques capable of overcoming the restrictive condition will be used.
  3. Industrial uses requiring the bulk storage of chemicals will not be allowed on wet or very wet soils, very shallow soils, or soils with very rapid or rapid permeability areas.
  4. No solid waste or hazardous waste disposal shall be permitted in soils with very rapid or rapid permeability or soils over fractured carbonate bedrock.
2. The certification of plans and specifications as adequate to overcome the restrictive condition by a professional engineer, registered in the state of Minnesota, and experienced and knowledgeable in soils and soils mechanics, shall be acceptable as evidence with regard to the city's and the applicant's meeting of requirements in subsections (A)1 and (A)2 of this section.
Controlling Erosion And Sediment From Land Disturbing Activities: No disturbance shall be allowed or permit issued for any activity that involves the following disturbance until the City Engineer finds that the activity complies with the City’s Development Design Standards as part of the Water Resources Management Plan adopted by the City Council in 2002 and any future amendments:
1. Disturbance involving 50 or more cubic yards of earthwork or greater than or equal to 1 acre of surface area.
2. Disturbance within a Lower Minnesota River Watershed District High Value Resource Area or Lower Minnesota River Watershed District Steep Slopes Overlay District involving 50 or more cubic yards of earthwork or greater than or equal to 5,000 square feet of surface area.
Woodland Protection Standards: No development shall be allowed or development permit issued within the city of Burnsville until the council finds that the development will comply with the following:
1. Woodland Preservation: To the extent possible, woodlands shall be preserved by locating structures in existing clearings and by the use of other innovation design techniques.
2. Undeveloped Land: No coniferous trees six feet (6') or taller or deciduous trees four inches (4") or greater in diameter as measured at four and one-half feet (4 1/2') above the ground shall be removed from undeveloped property without a tree removal permit, or as part of a city approved development of the property. A woodland evaluation worksheet is required on all new development projects. Any trees removed prior to development, through a tree removal permit, shall be included in future woodland removal calculations. For purposes of calculating woodland values, trees in existence as of November 15, 1982 (date of original woodland ordinance), shall be included. While development shall retain the maximum amount of woodland possible, it is recognized that a certain amount of woodland removal is an inevitable consequence of the urban development process. The threshold of clearing for each zoning district, beyond which reforestation shall be required, is as follows:
  Zoning District
  Woodland Removal Threshold
  CD, P
  20 percent
  CRD
  30 percent
  R-1, R-1A
  40 percent
  R-2, R-3A, R-3B, R-3D
  50 percent
  B-1, B-2
  50 percent
  B-3, B-4, MIX
  60 percent
  I-1, I-2, I-3, GIM, GMH
  60 percent
3. Applies only to deciduous trees 4 inches or greater in diameter at 4.5 feet above the ground and coniferous trees 6 feet or taller.
4. Developed Land: Property owners may remove trees (unless restricted by a CUP or PUD or other development agreement) under the following circumstances:
  1. In all zoning districts, any deciduous trees less than four inches (4") in diameter, at four and one-half feet (4 1/2') above the ground, and any dying or dead trees. No permit is required.
  2. On residential lots under two (2) acres, any tree. No permit is required.
  3. On residential lots of two (2) or more acres, and all other zoning districts, up to the tree removal threshold identified in subsection (B) of this section. Removal of trees requires a tree removal permit and reforestation for trees removed beyond the identified thresholds.
5. Preservation Of Trees: Trees, which are committed to preservation through permit or agreement, shall be surveyed by the developer or landowner. A replacement value for each tree will be determined by the city using the city's shade tree evaluation method. Letter of credit for the value of trees which are to be preserved beyond the removal threshold under this chapter shall be at the rate of one and one-half (1 1/2) times the determined valuation. The city's standard letter of credit form shall be used. The letter(s) of credit will be released when the following conditions are met:
  1. Eighteen (18) months have passed from the end of construction (determined by the issuance of a certificate of occupancy) in the area for which the letter(s) of credit were collected.
  2. An inspection by city staff has verified that the trees which were to be preserved are in good condition.
    Exceptions to the above will be considered if unique circumstances exist. Exceptions must be reviewed and approved by both the city forester and planning staff.
6. Additional Tree Removal: The city may permit additional tree removal by requiring reforestation in adjacent areas such as yard setbacks, outlots, or park lands. A tree removal permit to exceed the identified removal threshold will only be issued after review by the city forester and planning staff to ensure that the best available layout has been used to preserve significant trees and woodland areas. Reforestation shall occur in an amount equal to 1.5 times the value of the trees removed beyond the tree removal threshold. The value of the trees removed shall be determined by the shade tree evaluation method. Reforestation plans shall not include the use of any of the tree species which are currently on the city's list of "species which do not meet reforestation requirements". No more than twenty five percent (25%) of the reforestation plan shall consist of any one species, including shrubs provided on any related landscape plan.
7. Detrimental Activity Prohibited: Grading, contouring, paving, compaction of soils, or any excavation or trenching shall not occur within the drip line of tree preservation areas. Such activity has a detrimental effect on the aeration and permeability of the soils and causes permanent damage to the primary root zone of trees.
8. Measures: Measures shall be taken to protect and preserve the woodlands as described in the city's "Practical Guide To Preventing Construction Damage To Trees".
9. Damaged Trees: Notwithstanding the above, the removal of dead or dying trees seriously damaged by storm, other acts of nature, or disease is not prohibited. Trees removed due to acts of nature do not require reforestation.
10. Construction Sites: No movement and placement of equipment or materials storage shall be permitted outside the building activity area or in the tree preservation area. All buildings and driveways shall be located to avoid tree damage consistent with minimum building setback requirements of the zoning ordinance. The tree preservation area shall be temporarily fenced (with highly visible 4 foot high fencing) by the developer during all construction so that all trees in the tree preservation area shall be preserved. The city manager or designee shall have the authority to stop construction on the site until adequate barriers have been constructed. If a barrier is constructed on the site and is not adequately maintained in a manner which protects the tree preservation area, the city manager or designee shall have the authority to stop construction until the barrier is repaired.
11. Permits: Permits authorizing removal of trees may be issued by the city manager or designee in circumstances when the issuance of such a permit is found to be consistent with the purpose of this section. In all cases of permit application, the city manager or designee shall use reasonable interpretations of the circumstances in determining whether or not the permit should be issued.
12. Tree Contractor License Required: Tree contractors shall obtain a license as required by Title 3, Chapter 29 of this code.
13. Appeals: The property owner may appeal to the planning commission and city council any decision made by the city manager or other city official under the provisions of this section within thirty (30) days of the decision being rendered.

Shoreland Overlay District

Administration:
1. Permits Required:
  1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subsection (C)3 of this section. Application for a permit shall be made to the city manager, or his or her designee, on the forms provided. The application shall include the necessary information so that the city manager, or his or her designee, can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
  2. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Subsection (C)8 of this section, shall be either brought into compliance or eliminated according to the provisions of title 7, chapter 11 of this code.
2. Certificate Of Zoning Compliance: The city manager, or his or her designee, shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subsection (A)1 of this section. This certificate shall specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in Subsection 10-8-1(D) of this chapter.
3. Variances:
  1. Variances may only be granted in accordance with Minnesota Statutes 462 and Section 10-2 of this title as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
  2. In order to preserve water quality, the city will require a natural vegetated buffer strip on riparian lots as a mitigation measure with any variances granted. This includes variances to the OHWL setback, other setbacks and yard requirements, impervious surface, etc. The buffer strip must run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
  3. The city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (A)4b of this section shall also include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
  4. For existing developments, the application for a variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require that a nonconforming sewage treatment system be either brought into compliance or eliminated according to the provisions of chapter 11 of this title. (Ord. 884, 6-2-2003)
4. Notifications To The Department Of Natural Resources:
  1. Copies of all notices of any public hearings and reviews to consider variances, amendments, or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
  2. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action.

Shoreland Classification System And Land Use Districts:

Shoreland Classification System: The public waters of the city have been classified in this subsection consistent with the criteria found in Minnesota Regulations Part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota.

The shoreland area for the water bodies listed in subsections (B)1b and (B)1c of this section shall be as defined in Section 10-8-1 (B) of this chapter and as shown on the official zoning map. The shorelands of the city are hereby designated as shoreland overlay district.

Lakes:

MnDNR ID No.	MnDNR Classification	Name
19-0021	Recreational Development (RD)	Alimagnet
19-0024	Natural environment (NE)	Wood Park
19-0025	Natural environment (NE)	Keller
19-0027	Recreational Development (RD)	Crystal
19-0028	Natural environment (NE)	Twin
19-0032	Natural environment (NE)	Horshoe
19-0033	Natural environment (NE)	Earley
19-0083	General development (GD)	Black Dog

Note: Sunset Lake does not have a DNR designation. It is not required to be regulated by the MnDNR.

Rivers:

Name	Classification	Location
Minnesota River	Transition	35W Bridge to Savage
Minnesota River	Transition	35W Bridge to Eagan
Unnamed Black Dog Lake	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Basin 83
One Mile Creek	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Sect. 24, Twp. 17, RNG. 24W
Unnamed Tributary	Tributary	From: Sect. 26, Twp. 27, RNG. 24W To: Basin 110

Land Use District Descriptions:
1. Criteria For Designation: The land use districts in section 10-6-1 of this title, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives:
  1. Preservation of natural areas;
  2. Present ownership and development of shoreland areas;
  3. Shoreland soil types and their engineering capabilities;
  4. Topographic characteristics;
  5. Vegetative cover;
  6. In water physical characteristics, values, and constraints;
  7. Recreational use of the surface water;
  8. Road and service center accessibility;
  9. Socioeconomic development needs and plans as they involve water and related land resources;
  10. The land requirements of industry which, by its nature, requires location in shoreland areas; and
  11. The necessity to preserve and restore certain areas having significant historical or ecological value.
2. Land Use District Descriptions: The land use districts provided in Section 10-6-1 of this title, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of the city. These land use districts are in conformance with the criteria specified in Minnesota Regulations Part 6120.3200, subp. 3.

Zoning And Water Supply/Sanitary Provisions:

Lot Area And Width Standards: The lot area standards (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment hereof for the lake and river/stream classifications are the following:

Lake Standards:

Lot Area (Square Feet)	NE	RD	GD
Lots with Shoreline
Single	40,000	20,000	15,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	70,000	35,000	26,000
Triplex	100,000	50,000	38,000
Quad	130,000	65,000	49,000
All Others
Single	20,000	15,000	10,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	35,000	26,000	17,500
Triplex	52,000	38,000	25,000
Quad	65,000	49,000	32,500

Lot Width (Feet)	NE	RD	GD
Lots with Shoreline
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	225	135	135
Triplex	325	195	195
Quad	425	255	255
All Others
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	220	135	135
Triplex	315	190	190
Quad	410	245	245
Principal and accessory structure setback from OHWL	150¹	75	50
Total impervious surface area	25%	25%	25%
Total building height (feet)	35	35	35

Note: ¹Earley Lake and Keller Lake shall remain at 100 feet from OHWL.
River/Stream Lot Width Standards: There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the river/stream classifications are:

Transition
Tributary
Single
250
100
Duplex
375
150
Triplex
500
200
Quad
625
250
Special Provisions:
1. Only land above the ordinary high water level of public waters can be used to meet lot area standards. The lot width is the horizontal distance between the side lot lines, measured on a straight line that is as perpendicular to the side lot lines as possible, and that is parallel with the front lot line, as defined in section 10-3 of this title. The width standard must be met at both the ordinary high water level and at the building line. For lots with irregular front lot lines and/or shorelines, the width shall be measured on a straight line that is as perpendicular to the side lot lines as possible, and that is no closer to the front lot line and/or the shoreline than any portion of the building line and/or the ordinary high water level, respectively. The sewer lot area dimensions in subsection (C)1a of this section can only be used if publicly owned sewer system service is available to the property.
2. Subdivisions of duplexes, triplexes, and quads on natural environment (NE) lakes must also meet the following standards:
  1. Each building must be set back at least two hundred feet (200') from the ordinary high water level;
  2. Each building must have public sanitary sewer and water service;
  3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
  4. No more than twenty five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.
3. Mooring facilities for seven (7) or more watercraft are prohibited on all lakes. Marinas are only permitted along rivers as regulated by the underlying zoning district.

Structure And On Site Sewage System Setbacks (In Feet) From Ordinary High Water Level1: Setbacks are measured from the closest point of the OHWL to the closest point of the structure.

	Structure Unsewered	Sewered	Sewage Treatment System
Lakes
Natural environment (NE)	150	150	150
Recreational development (RD)	100	75	75
General development (GD)	75	50	50
Rivers
Transition	150	150	100
Tributary and urban	100	50	75

Note: Water oriented accessory structure designed in accordance with subsection (C)2 of this section may be set back a minimum distance of 20 feet from the ordinary high water level.

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

Setback From	Setback (Feet)
Top of Bluff	30
Unplatted Cemetrery	50
Right -of-way Line of Federal, State, or County Highway	50
Right-of-way Line of Town Road, Public Street, or Other Roads or Streets Not Classified	30

Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
Uses Without Water Oriented Needs: Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.

Design Criteria For Structures:
1. High Water Elevations: Structures must be placed in accordance with floodplain and the Burnsville water resources management plan (WRMP) regulations applicable to the site.
2. Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure and one open play structure such as a swing set or slide, but not a swimming pool or sport court not meeting the normal structure setback in Subsection (C)1a of this section if this water oriented accessory structure complies with the following provisions:
  1. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than one hundred twenty (120) square feet. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
  2. The setback of the structure or facility from the ordinary high water level must be at least twenty feet (20') and the setback from the side lot line shall be at least ten feet (10');
  3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
  4. Detached decks must not exceed eight feet (8') above grade at any point as measured to the floor of the deck; and
  5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
3. Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
  1. Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties;
  2. Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for commercial properties and public open space recreational properties;
  3. Canopies or roofs are not allowed on stairways, lifts, or landings;
  4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
  5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
  6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsection (C)2c(1) - (5) of this Section are complied with in addition to the requirements of Minnesota Regulations chapter 1340.
4. Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
5. Steep Slopes: The City Manager, or his or her 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 waters, assuming summer, leaf-on conditions.
6. Height Of Structures: All structures in residential districts, except churches, must not exceed thirty five feet (35') in height.
Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation Alterations:
  1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection 10-8-10(C)4 of this Section are exempt from the vegetation alteration standards that follow.
  2. Removal or alteration of vegetation is allowed subject to the following standards:
    1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as an interim use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
    2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
      1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
      2. Along rivers, existing shading of water surfaces is preserved; and
      3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
2. Topographic Alterations/Grading And Filling:
  1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
  2. Public roads and parking areas are regulated by Section 10-8-10 of this Section.
  3. Notwithstanding subsection (C)3b(1) and (2) of this Section, a grading and filling permit shall be required for:
    1. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
    2. The movement of more than ninety (90) cubic yards of material outside of steep slopes and shore and bluff impact zones.
  4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional and interim use permits, variances and subdivision approvals:
    1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, State, or Federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall be so advised:
      1. Sediment and pollutant trapping and retention;
      2. Storage of surface runoff to prevent or reduce flood damage;
      3. Fish and wildlife habitat;
      4. Recreational use;
      5. Shoreline or bank stabilization; and
      6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
    2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
    3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
    4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
    5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
    6. Fill or excavated material must not be placed in a manner that creates an unstable slope;
    7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;
    8. Fill or excavated material must not be placed in bluff impact zones;
    9. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.245;
    10. Alterations of topography must only be allowed if they are accessory to permitted, conditional, or interim uses and do not adversely affect adjacent or nearby properties; and
    11. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
  5. Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
Placement And Design Of Roads, Driveways, And Parking Areas:
1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical material.
2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of subsection (C)3b of this section must be met.

Stormwater Management:

General Standards: Land development shall comply with the water resources management plan as regulated in Section 10-8-11 of this chapter.

Impervious Surface: A city of Burnsville impervious surface worksheet must be submitted with all planning development applications or building permits or land activity that increases impervious surface to a level that exceeds twenty five percent (25%) of the lot. The worksheet will be reviewed by the city engineer to ensure compliance with this chapter.

Impervious surface coverage limits shall apply to all riparian lots and nonriparian lots where fifty percent (50%) or more of the lot area lies within the shoreland overlay district. If a lot is subject to the impervious surface coverage limits, the entire lot must comply with the limits.

Maximum impervious surface coverage of all lots is twenty five percent (25%) of the lot area; however, impervious surface may be increased as follows if the proposed development mitigates additional stormwater runoff to a level consistent with twenty five percent (25%) impervious surface coverage under a 1.5 inch rainfall design storm:

Zoning District	Permitted Maximum Impervious Surface With Mitigation	Conditional Use Permit Required: Maximum Impervious Surface With Mitigation
R-1, R-1A and R-2	30 percent	N/A
R-3A, R-3B and R-3D	30 percent	50 percent
B-1, B-2, B-3, B-4	30 percent	75 percent
I-1, I-2, I-3, GIM, and GMH	30 percent	75 percent

Special Provisions For Commercial, Industrial, Public/Semipublic, And Extractive Uses And Mining Of Metallic Minerals And Peat:
1. Standards For Commercial, Industrial, Public, And Semipublic Uses:
  1. Surface water oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water oriented needs must meet the following standards:
    1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
    2. Uses that require short term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and
    3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
      1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;
      2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information, and to comply with the requirements of chapter 30 of this title. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet (10') above the ground, and must not exceed thirty two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and
      3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. All outside lighting must comply with section 10-7-36 of this title. This does not preclude use of navigational lights.
  2. Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.
2. Extractive Use Standards:
  1. Site Development And Restoration Plan: An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.
  2. Setbacks For Processing Machinery: Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
3. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota Statutes, Sections 93.44 to 93.51, may be allowed as an interim use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.51, and Chapter 9 of this title are satisfied.
Conditional And Interim Uses: Conditional and interim uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional and interim uses established in Section 10-2 of this title. The following additional evaluation criteria and conditions apply within shoreland areas:
1. Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:
  1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
  2. The visibility of structures and other facilities as viewed from public waters is limited;
  3. The site is served by public water and sanitary sewer service; and
  4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
2. Conditions Attached To Conditional And Interim Use Permits: The city council, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
  1. Increased setbacks from the ordinary high water level;
  2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
  3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas; and
  4. Buffer strips on riparian lots that run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
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 Minnesota department of health and the Minnesota pollution control agency.
2. Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
  1. Publicly owned sewer systems must be used where available.
  2. All private sewage treatment systems must meet or exceed the provisions of Chapter 11 of this title and the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards", Chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this chapter.
  3. On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subsection (C)1d of this section.
  4. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the following evaluation criteria. 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. Evaluation Criteria: 1. Depth to the highest known or calculated ground water table or bedrock; 2. Soil conditions, properties, and permeability; 3. Slope; and 4. The existence of lowlands, local surface depressions, and rock outcrops.
  5. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsection (D)10 of this section.

Nonconformities: Within shoreland areas, all legally established nonconformities as of May 20, 1996, may continue, but they shall be managed according to applicable state statutes and Section 10-9-16 of this title. The use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas shall also be subject to the following:
1. Destruction Of Nonconforming Structure: When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
2. Nonconforming Lot Allowed As A Building Site Without Variance: A nonconforming single lot of record located within a shoreland district may be allowed as a building site without variance from lot size requirements, provided that:
  1. All structure and septic system setback distance requirements can be met;
  2. A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to a public sewer;
  3. The impervious surface coverage does not exceed the impervious surface coverage identified in Subsection (C)5 of this section; and
  4. The use is permitted in the underlying zoning district.
3. Shoreland Districts Not Surrounding Recreational Development Lakes: For all shoreland districts except said districts surrounding recreational development lakes, if in a group of two (2) or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
  1. The lot must be at least sixty six percent (66%) of the dimensional standards for the lot width and lot size for the shoreland classification consistent with Subsection (C) of this section;
  2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080 and city controls;
  3. The impervious surface coverage must not exceed twenty five percent (25%) of each lot; and
  4. Development of the lot must be consistent with the comprehensive plan.
4. Contiguous Lots Under Same Ownership Within Shoreland Area Of Recreational Development Lakes: Contiguous lots under the same ownership as of January 1, 2004, within the shoreland area of recreational development lakes may be considered as separate parcels of land for the purposes of sale or development if they meet all of the following criteria:
  1. The average lot area, as measured above the OHWL, of the contiguous lots meets or exceeds twelve thousand (12,000) square feet.
  2. Each lot is at least seventy five feet (75') wide as measured at the OHWL and building setback line.
  3. Impervious surface coverage of the lots does not exceed twenty five percent (25%) or thirty percent (30%) with mitigation through the means of a twenty foot (20') buffer of native vegetation along shore.
  4. No principal structures are located within the shore impact zone.
5. Combination Of Lots Not Subject To Subsection (D)3 Of This Section: A lot subject to subsection (D)3 of this section not meeting the requirements of subsection (D)3 of this section must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible.
6. Sale Of Contiguous Nonconforming Lots With Habitable Residential Dwellings: Notwithstanding subsection (D)3 of this section, contiguous nonconforming lots of record in shoreland districts under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota Statutes, Section 115.55 and Minnesota Rules, Chapter 7080 (subsurface sewage treatment systems), or connected to a public sewer.
7. Requirements Of Property Owner: In evaluating all variances, zoning and building permit applications, or conditional use requests, the property owner shall be required to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.
8. Separation Of Portion Of Conforming Lot: A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district of a new lot and the newly created parcel is combined with an adjacent parcel.
9. Additions/Expansions To Nonconforming Structures:
  1. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of subsection (C) of this section. Any deviation from these requirements must be authorized by a variance pursuant to Subsection (A)3 of this section and Section 10-2-3 of this title.
  2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
    1. The structure existed on the date the structure setbacks were established;
    2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
    3. The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
    4. The deck is constructed primarily of wood, and is not roofed or screened.
10. Nonconforming Sewage Treatment Systems:
  1. A sewage treatment system not meeting the requirements of Subsection (C)8 of this section shall be considered to be nonconforming and must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
  2. The city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city of Burnsville will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems that do not meet the requirements of subsection (C)8 of this section and the requirements of Chapter 11 of this title shall be considered to be nonconforming. Systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota pollution control agency's chapter 7080 for design of on site sewage treatment systems, shall also be considered nonconforming.
Subdivision/Platting Provisions:
1. Land Suitability: Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
2. Consistency With Other Controls: Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Subsections (C)1 and (C)8 of this section can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Subsection (C)1 of this section, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
3. Information Requirements: Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information shall include at least the following:
  1. Topographic contours at ten foot (10') intervals or less from United States geological survey maps or more accurate sources, showing limiting site characteristics;
  2. The surface water features required in Minnesota Statutes, Section 505.02, subdivision 1, to be shown on plats, obtained from United States geological survey quadrangle topographic maps or more accurate sources;
  3. Adequate soils information to determine suitability for building and on site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
  4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
  5. Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
  6. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
4. Dedications: When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
5. Platting: All subdivisions that create five (5) or more lots or parcels that are two and one-half (2 1/2) acres or less in size shall be processed as a plat in accordance with Minnesota statutes chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after this ordinance was adopted unless the lot was approved as part of a formal subdivision.

Stormwater Management Overlay District Standards; No development may occur and no development permit may be issued within the City of Burnsville unless the City Engineer determines that the proposed development complies with the following: the development is consistent with the Water Resources Management Plan adopted by the City Council in 2002, as amended, including applicable goals, policies, and design standards, as determined by the City Engineer; and all required storm sewer assessment fees are paid in accordance with the fee schedule adopted by the City Council prior to commencement of development.
Drinking Water Protection Overlay District: No development shall be allowed or development permit issued unless the council finds that the proposed development complies with the following standards:
1. Scope: The drinking water protection overlay district shall apply to all lands within the jurisdiction of the city of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the drinking water protection overlay map adapted from the wellhead protection area identified in part two of the wellhead protection plan dated June 19, 2013, and analysis of the capture zone for the Kraemer Quarry.
2. Official Zoning Map: The official zoning map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include all of the documents and maps referenced in subsection 10-8-3(B) of this title and the drinking water protection overlay map referenced in subsection (A) of this section. The official zoning map shall be kept on file in the community development department.
3. Land Uses: All land uses shall be permitted, accessory, interim or conditional to the extent that they are allowed in the base zoning district.
4. 4. Compliance Required: The provisions of this section shall apply for any activity requiring any development application or building permit, at the time there is a change in use or occupancy, and all activities that result in disturbance of one-half (1/2) acre or more or the addition of five thousand (5,000) square feet of impervious surface.
5. Exceptions: The provisions of this section shall not apply to the application of a building permit for interior work, remodeling, tenant finishes, replacement of siding, windows and openings, heating/ventilation, air conditioning (HVAC) equipment, or roofing or signs.
6. Performance Standards: No development shall be allowed or development permit issued until the owner and/or tenant demonstrates to the satisfaction of the city engineer, or designee, that the proposed site, use, operation or development meets the following performance standards:
  1. All parking areas and outside storage areas shall be paved with asphalt or concrete, with appropriate stormwater management systems, as deemed necessary by the city engineer;
  2. All floor drains shall be connected to the sanitary sewer system, with the addition of a flammable waste trap, and where allowed by Minnesota State Building Code (MSBC) and/or Minnesota State Fire Code (MSFC);
  3. Structures and/or mechanisms for containment or grit traps are used for contaminant spillage;
  4. All vehicle and equipment washing or pressure washing/steam washing shall be conducted on a designated wash pad that is connected to the sanitary sewer system;
  5. A grading and drainage plan is submitted and approved by city engineer that directs site runoff into the stormwater management system and/or directs stormwater runoff away from natural water bodies, wetlands, floodplains, and reservoirs;
  6. Stormwater catchment basins shall be lined;
  7. Evidence shall be provided of required state and/or federal permits for regulated substances, if applicable.
7. Procedures For Review And Approval: All projects requiring review in the drinking water protection overlay district, per subsection (D) of this section will be subject to review by the city engineer to determine compliance with the performance standards of Subsection (F) of this section.
8. Protection Of Drinking Water Supply: Section 7-2-24 of this code shall also apply to all sites, operations and uses in the drinking water protection overlay district.
Other General Conditions: Any permit required in this chapter may be issued subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this title. Such conditions may, in addition to other conditions, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, require alteration of the site design to ensure buffering, require the provision of a cash security or letter of credit, or require the conveyance to the city or another public entity of certain lands or interest therein. The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purposes of this chapter by expressed conditions contained in the permit.
Time Of Permit; Extensions; Renewals
1. Compliance: The city, its agents, employees, and officers may inspect the work authorized under any permit required in this chapter, including periodic and final inspections, to determine compliance with the requirements and conditions of the permit and this chapter.
2. Notice Of Completion: A permittee shall notify the city manager or designee in writing when they have finished the work. No work shall be deemed to have been completed until approved in writing by the city manager or designee following such written notification.
3. Inspection: The city manager may cause inspections of the work to be made periodically during the course thereof by himself or a member of the engineering staff and shall cause a final inspection to be made following the completion of the work. The permittee shall assist the director in making inspections.
Responsibility; Effect
1. Responsibility: Neither the issuance of a permit nor compliance with the conditions thereof, nor compliance with the provisions of this title shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this title shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance.
2. Intercommunity Review: Where any proposed development or action abuts an adjacent municipality, that municipality shall be notified of the proposed development or action and given the opportunity to review and comment on the proposal. Such notification shall be mailed to the city clerk of the abutting municipality.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-2: Floodplain Regulations

Statutory Authorization, Findings Of Fact And Purpose:
1. Statutory Authorization: The Legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Section 462.357 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore the City Council of the City of Burnsville, Minnesota, does ordain as follows.
2. Findings Of Fact:
  1. Flood Hazard Areas: The flood hazard areas of the City of Burnsville 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
  2. Methods Used To Analyze Flood Hazards: This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
  3. National Flood Insurance Program Compliance: This chapter is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the national flood insurance program.
3. Statement Of Purpose: The purpose of this chapter is to promote the public health, safety and general welfare and to minimize those losses described in Subsection (B)1 of this section by provisions contained herein.
General Provisions:
1. Land To Which Chapter Applies: This chapter shall apply to all lands within the jurisdiction of the City of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, and general floodplain districts.
2. Official Zoning Map and Incorporated Flood Hazard Data: The official zoning map, together with all maps, studies, and other materials referenced in this chapter, is adopted and incorporated by reference as part of this chapter and has the same force and effect as if fully set forth in this chapter.
  The incorporated materials include the following Federal Emergency Management Agency (FEMA) flood hazard data for Dakota County, Minnesota, and Incorporated Areas:
  1. Letter of Map Revision (LOMR), Case No. 23-05-1985P, dated September 2, 2025 including all supporting technical data, maps, tables, and flood profiles;
  2. Flood Insurance Study (FIS) for Dakota County, Minnesota, and Incorporated Areas, Volumes 1, 2, and 3, dated March 16, 2016; and
  3. Flood Insurance Rate Map (FIRM) panels numbered 27037C0060E, 27037C0065E, 27037C0070E, 27037C0080E, 27037C0090E, 27037C0177E, 27037C0179E, 27037C0181E, 27037C0182E, 27037C0183E, 27037C0184E, 27037C0201E, and 27037C0203E, dated December 2, 2011.
    These materials are prepared by the Federal Emergency Management Agency (FEMA) and are incorporated herein for the purposes of floodplain regulation and administration under the National Flood Insurance Program (NFIP).
    The official zoning map and incorporated FEMA materials shall be maintained on file and available for public inspection in the Community Development Department.
3. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increase in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
4. Interpretation:
  1. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
  2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning 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 city planner, the city council shall make the necessary interpretation. All decisions will be based on elevation 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 (March 29, 1974) showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.
5. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Warning And Disclaimer Of Liability: This chapter 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 chapter shall not create liability on the part of the city of Burnsville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
7. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Floodplain Zoning Districts
1. Districts:
  1. Floodway District (FW): The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in Subsection 10-8-3-2(2) of this chapter. For lakes, wetlands and other basins, the floodway district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in subsection 10-8-3-2(2) of this chapter that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  2. Flood Fringe District (FF): The flood fringe district shall include those areas designated as floodway fringe, which shall include the areas shown on the flood insurance rate map, adopted in Subsection 10-8-3-2(2) of this chapter as being within zone AE but being located outside of the floodway. For lakes, wetlands and other basins, the flood fringe district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in Subsection 10-10-2(B) of this chapter that are below the one percent (1%) chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  3. General Floodplain District (GFP): The general floodplain district shall include those areas on the Credit River Tributary designated as zone AE (without a floodway designated) on the flood insurance rate map adopted in Subsection 10-10-2(B) of this chapter, which are not subject to criteria in Subsections (A)1 and (A)2 of this section.
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, flood fringe, and general floodplain districts, all uses not listed as permitted uses or conditional uses, or interim uses in Sections 10-8-3, 10-8-3, and 10-8-3 of this chapter that follow respectively, shall be prohibited. In addition, a caution is provided here that:
  1. New manufactured homes, replacement manufactured homes and recreational vehicles defined in subsection 10-8-3-(H) of this chapter are subject to the general provisions of this chapter and specifically Section 10-8-3 of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code. Manufactured homes are also subject to Chapter 18, "R-3D Manufactured Housing District", of this title.
  2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically section 10-8-3of this chapter.
  3. As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing 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 Section 10-8-3 of this chapter.
Floodway District (FW):
1. Permitted Uses: The following uses shall be permitted uses within the floodway district to the extent that they are allowed in the base zoning district.
  1. Agricultural uses:
    1. Forestry.
    2. General farming.
    3. Grazing.
    4. Horticulture.
    5. Outdoor plant nurseries.
    6. Pasture.
    7. Sod farming.
    8. Truck farming.
    9. Wild crop harvesting.
  2. Commercial and industrial uses:
    1. Loading areas.
    2. Parking areas.
    3. Yards.
  3. Private and public recreational uses:
    1. Archery ranges.
    2. Boat launching ramps.
    3. Driving ranges.
    4. Fish hatcheries.
    5. Game farms.
    6. Golf courses.
    7. Hunting and fishing areas.
    8. Parking areas.
    9. Parks.
    10. Picnic grounds.
    11. Shooting preserves.
    12. Single or multiple purpose recreational trails.
    13. Swimming areas.
    14. Target ranges.
    15. Tennis courts.
    16. Trap and skeet ranges.
    17. Wildlife and nature preserves.
  4. Residential uses:
    1. Gardens.
    2. Lawns.
    3. Parking areas.
    4. Play areas.
2. Standards For Floodway Permitted Uses:
  1. The use shall have low flood damage potential.
  2. 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. Floodway Conditional And Interim Uses: The following open space uses which require only accessory structures, fill, storage of materials or equipment, grading and excavation, may be permitted in the floodway district by conditional or interim use permit if allowed as such in the base zoning district and provided they comply with the provisions of this chapter:
  1. Uses or structures accessory to the permitted conditional or interim uses in the floodway district.
  2. Extraction and storage of sand, gravel, salt, and other materials.
  3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
  4. Parking and loading areas that require filling, paving, grading or excavation.
  5. Placement of fill, dredge spoils, landfills authorized by the Minnesota pollution control agency and construction of fences.
  6. Railroads, streets, bridges, utility transmission lines, and pipelines.
  7. 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 Section 10-8-3 of this chapter. Recreational vehicles are also subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  8. Storage yards for equipment, machinery, or materials.
  9. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, landfills, quarries, essential service structures, public utilities and related structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
4. Standards For Floodway Conditional And Interim Uses:
  1. 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 conditional or interim uses 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.
  2. Conditional And Interim Uses: All floodway conditional uses and interim uses shall be subject to the procedures and standards contained in Subsection 10-8-3-10(H) of this chapter.
  3. Fill:
    1. Fill, dredge spoil, excavation sites, salt storage, Minnesota pollution control agency authorized landfills or other similar materials deposited or stored in the floodplain shall be protected against erosion by vegetative cover, mulching, riprap or other acceptable method.
    2. Dredge spoil sites, sand and gravel operations, salt storage and Minnesota pollution control agency authorized landfills shall not be allowed in the floodway unless a long term site development plan which includes an erosion/sedimentation prevention element in the plan is submitted.
    3. As an alternative, and consistent with subsection (D)3b of this section, dredge spoil disposal, salt storage, Minnesota pollution control agency authorized landfills 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 council has received and approved an appropriate plan which assures the removal of materials from the floodway based upon the flood warning time available. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan. The conditional or interim use permit allowing such use must be title registered with the property in the office of the county recorder.
  4. Accessory Structures:
    1. Accessory structures shall not be designed for human habitation.
    2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum amount of obstruction to the flow of floodwaters:
      1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
      2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
    3. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment and does not exceed five hundred (500) square feet in size at its largest projection. If the accessory structure is a detached garage, it must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:
      1. 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;
      2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and
      3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area 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 (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
  5. Storage Of Material And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. 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 council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Structural Works For Flood Control: 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 Minnesota statutes, chapter 103G. Communitywide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
  7. Levees, Dikes, Or Floodwalls Constructed In Floodway: 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.
Flood Fringe District (FF)
1. Permitted Uses: The following uses shall be permitted uses within the flood fringe district to the extent that they are allowed in the base zoning district. All permitted uses shall comply with Subsections (B), "Standards For Flood Fringe Permitted Uses", and (E), "Standards For Flood Fringe Uses", of this section.
  1. Any use permitted in Subsection 10-8-3-(D) of this chapter.
  2. Any use permitted in the base zoning district.
2. Standards For Flood Fringe Permitted Uses:
  1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. Lowest floor elevations shall also be subject to the Burnsville water resources management plan.
  2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with Subsection 10-10-4(D)4c of this chapter.
  3. The cumulative placement of fill where at any one time in excess of one thousand (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 subsection (B)1 of this section.
  4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
  5. The provisions of subsection (E) of this section shall apply.
3. Flood Fringe Conditional And Interim Uses: The following uses may be permitted in the flood fringe district by conditional or interim use permit if allowed as such in the base zoning district.
  1. Any use permitted in the base zoning district as either a conditional or interim use.
  2. Any structure that is not elevated on fill or floodproofed in accordance with subsection (B)1 or (B)2 of this section or any land use that does not comply with the standards in Subsection (B)3 or (B)4 of this section. An application for a conditional use permit shall be subject to the standards and criteria and evaluation procedures specified in Subsections (D) and (E) of this section and Subsection 10-8-3 of this chapter.
4. Standards For Flood Fringe Conditional And Interim Uses:
  1. Alternative Elevation Methods: 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, etc., 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 the enclosed area:
    1. Is above grade on at least one side of the structure;
    2. Is designed to internally flood and is constructed with flood resistant materials; and
    3. Is used solely for parking of vehicles, building access, or storage. The above noted alternative elevation methods are subject to the following additional standards:
      1. 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 floodwater from entering or accumulating within these components during times of flooding.
      2. 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:
        The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one foot (1') above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and
        That 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.
  2. Basements: Basements, as defined by subsection 10-8-3-2(H) of this chapter shall be subject to the following:
    1. Residential basement construction shall not be allowed below the regulatory flood protection elevation.
    2. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with subsection (D)3 of this section.
    3. Basement and all other low floor elevations shall also meet the requirements of the Burnsville water resources management plan.
  3. Areas Of Nonresidential Structures: All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
  4. Erosion/Sedimentation Control Plan: When at any one time more than one thousand (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. 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.
  5. Storage Of Materials And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. Storage of other materials or equipment may be allowed by conditional use permit if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Additional Provisions: The provisions of Subsection (E) of this section shall also apply.
5. Standards For Flood Fringe Uses:
  1. All new principal structures must have vehicular access at or above the regulatory flood protection elevation. Existing structures may be permitted to have vehicular access at an elevation not more than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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.
  2. Business uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the 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 is 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 (4) upon the occurrence of the regional flood.
  3. Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant operations especially for 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 subsection (E)2 of this section. In considering permit applications, due consideration shall be given to the needs of an industry whose business requires that it be located in floodplain areas.
  4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, 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.
  5. 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.
  6. Standards for recreational vehicles are contained in subsection 10-8-3-9(B) of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  7. 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.
General Floodplain District (GFP)
1. Permitted Uses: Permitted uses shall include those uses permitted by Subsection 10-8-3-4(A) of this chapter to the extent that they are allowed in the base zoning district.
2. Conditional And Interim Uses: All other uses than those listed in subsection (A) of this section shall be subject to the floodway/flood fringe evaluation criteria pursuant to subsection (C) of this section. Section 10-8-3 of this chapter shall apply if the proposed use is in the floodway district and section 10-8-3 of this chapter shall apply if the proposed use is in the flood fringe district.
3. Procedures For Floodway And Flood Fringe Determinations Within The General Floodplain District:
  1. Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the city for the determination of the regulatory flood protection elevation and of whether the proposed use is within the floodway or flood fringe district.
    1. A typical valley cross section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.
    2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations; the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevation of streets.
    3. Photographs showing existing land uses and vegetation upstream and downstream, and soil types.
    4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred feet (500') in either direction from the proposed development.
  2. The applicant shall submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, parts 6120.5000 through 6120.6200 and 44 code of federal regulations part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
    1. Estimate the peak discharge of the regional flood.
    2. Calculate the water surface profile of the regional flood based upon hydraulic analysis of the stream channel and overbank areas.
    3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than five-tenths foot (0.5'). A lesser stage increase than five-tenths foot (0.5') shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
  3. The technical evaluation and findings of the designated engineer or expert shall be presented to the city council. The city council must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the department of natural resources or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the city council shall refer the matter to the city planner, who shall process the permit application consistent with the applicable provisions of sections 10-8-3-4 and 10-8-3-5 of this chapter. (Ord. 1250, 10-18-2011)
Subdivisions The provisions of Title 11, "Subdivisions", of this code and Section 10-8-1- "Shoreland Overlay District", of this title shall apply in addition to the following:
1. Review Criteria: No land shall be subdivided that is unsuitable by reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the floodplain shall contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with provisions of this code and have road access both to the subdivision and to the individual building sites at or above the regulatory flood protection elevation. Subdivision of land with existing structures may be permitted to have vehicular access at an elevation not lower than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
2. Floodway/Flood Fringe Determinations In The General Floodplain District: In the general floodplain district, applicants shall provide the information required in subsection 10-10-6(C) of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district boundaries, and the regulatory flood protection elevation for the subdivision site.
3. Removal Of Special Flood Hazard Area Designation: 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.
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 a floodplain district shall be floodproofed 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 Sections 10-8-3 and 10-8-3 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where the city finds that 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. Subsurface Sewage Treatment Systems (SSTS) And Water Supply Systems: Where public utilities are not provided:
  1. On site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and
  2. New or replacement SSTS must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters 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 SSTS shall be determined to be in compliance with this section.
  3. Additional requirements for SSTS and on site water supply systems for lands in shoreland districts and the requirements of Title 7, Chapter 11, "Subsurface Sewage Treatment Systems (SSTS)", of this code shall also be met.
Manufactured Homes And Manufactured Home Parks, And Placement Of Recreational Vehicles
1. Manufactured Homes And Manufactured Home Parks:
  1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 10-8-3-7 of this chapter and requirements of Chapter 18, "R-5 Manufactured Housing District", of this title.
  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 Section 10-8-3-5 of this chapter and chapter 18, "R-5 Manufactured Housing District", of this title. If vehicular road access for preexisting manufactured home parks is not provided in accordance with Subsection 10-8-3-5(E)1 of this chapter, then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council.
    1. 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.
2. Placement Of Recreational Vehicles: Recreational vehicles are subject to this chapter and Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  1. Recreational vehicles that do not meet the exemption criteria specified in subsection (B)1a of this section shall be subject to the provisions of this chapter and as specifically spelled out in Subsections (B)3 and (B)4 of this section and shall also be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Exemption: Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection (B)3 of this section and further if they meet the following criteria:
      1. Have current licenses required for highway use.
      2. Are highway ready meaning they are 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.
      3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
  2. Areas exempted for placement of recreational vehicles. Recreational vehicles shall also be subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Individual lots or parcels of record.
    2. Existing commercial recreational vehicle parks or campgrounds.
    3. Existing condominium type associations.
  3. Recreational vehicles exempted in subsection (B)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle, or exceeding five hundred dollars ($500.00) 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/floodproofing requirements and the use of land restrictions specified in Sections 10-8-3 and 10-8-3 of this chapter. 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.
  4. 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 (5) units or dwelling sites shall be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code and Chapter 18, "R-5 Manufactured Housing District", of this title and the following:
    1. 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 Subsection 10-8-3-5(E)1 of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
    2. All new or replacement recreational vehicles not meeting the criteria of Subsection (B)4a of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subsection 10-8-3-10(H) of this chapter. 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 and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsections (B)1a(1) and (B)1a(2) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subsection 10-8-3-8(C) of this section.
Administration
1. Planning Manager: The city planner or other official designated by the city council shall administer and enforce this chapter. If the city planner finds a violation of the provisions of this chapter the person responsible shall be notified for such violation in accordance with the procedures stated in Section 10-8-3 of this chapter.
2. Permit Requirements:
  1. Permit Required: In all floodplain districts, a permit issued by the city in conformity with the provisions of this chapter shall be secured prior to the construction, 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 storage of materials or equipment within the floodplain.
  2. Application For Permit: Application for a permit shall be made, on forms furnished by the city and shall include the following where applicable: Plans drawn to scale, showing the nature, location, dimensions, and elevations (in NAVD, 1988 datum), of the lot; existing and/or proposed structures, fill, or storage of materials; the location of the foregoing in relation to the stream channel.
  3. State And Federal Permits: Prior to granting a use permit or processing an application for a conditional or interim use permit or variance, the applicant shall demonstrate to the city that it has obtained all necessary state and federal permits.
  4. Certificate Of Zoning Compliance For New, Altered, Or Nonconforming Use: Within floodplain districts, 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, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the city stating that the use of the building or land conforms to the requirements of this chapter.
  5. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates Of Zoning Compliance: Permits, conditional or interim use permits, variances 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 a violation of this chapter and punishable as provided by Section 10-8-3(L)of this chapter.
  6. Certification: Prior to issuance of a certificate of occupancy, the applicant shall 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. Floodproofing measures shall be certified by a registered professional engineer or registered architect. The city may require financial security to be provided at the time of permit application to ensure that the provisions of this section are met.
  7. Record Of Lowest Floor Elevations: The city 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 city shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.
  8. Notification For Watercourse Alterations: The city 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 Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted via e-mail to the Chicago regional office of FEMA.
  9. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the city shall notify the Chicago regional office of FEMA of the changes by submitting via e-mail a copy of said technical or scientific data.
3. Board Of Adjustment:
  1. Rules: The city council is the board of adjustment and shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
  2. Administrative Review: The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
  3. Variances: Variance applications shall be processed in accordance with section 10-2-3 of this title and pursuant to this section. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as practical difficulties or circumstances unique to the property under consideration, as provided for in Chapter 5, "Administration", of this title. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that exist consistent with the criteria specified in this chapter, and in Chapter 5, "Administration", of this title which justify the granting of the variance. No variance shall have the effect of allowing in any district uses that are prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of FEMA must be satisfied:
    1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
    2. Variances may only be issued upon:
      1. A showing of good and sufficient cause,
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variance Notification Requirement: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
5. Decisions: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the city planner or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in Subsection (H)7 of this section, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under Section 10-10-12 of this chapter.
  1. A copy of all decisions granting variances shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
6. Appeals: Appeals from any decision of the city council may be made, and as specified in this title and also by Minnesota statutes.
7. Flood Insurance Notice And Recordkeeping: The city shall notify the applicant for a variance that:
  1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
  2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.
8. Conditional And Interim Use Permits: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99; the provisions of Sections 10-2-4 and 10-2-5 of this title and pursuant to the following:
  1. Use Requiring Conditional Or Interim Use Permit: Any use requiring a conditional or interim use permit shall be processed in accordance with procedures set forth in Sections 10-2-4, "Conditional Uses", and 10-2-5, "Interim Uses", of this title.
  2. Application Submitted: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed conditional or interim use sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
  3. Decisions Forwarded: A copy of all decisions granting conditional and interim use permits shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
  4. Procedure To Be Followed: Procedure to be followed by city council in passing on conditional and interim use permit applications within all floodplain districts.
    1. Applications for a conditional or interim use permits within all floodplain districts shall include the following:
      1. Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and
      2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
    2. The city may submit the application to other experts or agencies for technical assistance to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
    3. Based upon the technical evaluation the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
  5. Factors On Which Decision Is Based: Factors upon which the decision of the city shall be based: In passing upon conditional and interim use permit applications, the city shall consider all relevant factors specified in other sections of this chapter, and:
    1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
    2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
    3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
    4. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.
    5. The importance of the services provided by the proposed facility to the community.
    6. The requirements of the facility for a waterfront location.
    7. The availability of alternative locations not subject to flooding for the proposed use.
    8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
    9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
    10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
    11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
    12. Such other factors which are relevant to the purposes of this chapter.
  6. Time For Acting On Application: All applications shall be reviewed pursuant to Minnesota Statutes, Section 15.99.
  7. Conditions Attached To Conditional And Interim Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the city council shall attach such conditions to the granting of conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
    1. Modification of waste disposal and water supply facilities.
    2. Limitations on period of use, occupancy, and operation.
    3. Imposition of operational controls, sureties, and deed restrictions.
    4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
    5. Floodproofing measures in accordance with the state building code and this chapter. The city shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
Nonconforming Uses Within floodplain districts the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
  1. No such structure or use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
  2. Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in Subsections (A)3 and (A)6 of this section.
  3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of the structure, then the structure must meet the standards of Sections 10-8-3 (D) or 10-8-3 (E) of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.
  4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter.
  5. If any nonconforming use or structure is substantially damaged, as defined in subsection 10-8-3(H) of this chapter, it shall not be reconstructed except in conformity with the provision of this chapter. The applicable provisions for establishing new uses or new structures in Sections 10-8-3 (C), 10-8-3(D) or 10-8-3(E) of this chapter will apply depending upon whether the use or structures is in the floodway, flood fringe or general floodplain district, respectively.
  6. If a "substantial improvement" occurs, as defined in Subsection 10-8-3(B) of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement of the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Sections 10-8-3(D) or 10-8-3 (E) of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
Penalties For Violation
1. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional or interim use permits) shall constitute a misdemeanor and shall be punishable as defined by law.
2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
  1. In responding to a suspected ordinance violation, the building official or designee and the city council may utilize the full array of enforcement actions available to them including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures, or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.
  2. Whenever the building official or designee reasonably believes that an ordinance violation has occurred or is occurring, he shall investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the department of natural resources and FEMA regional office along with the city's plan of action to correct the violation to the degree possible.
  3. The building official or designee shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the building official or designee may order the construction or development immediately halted until a proper permit or approval is granted by the city council. If the construction or development is already completed, then the building official or designee may either:
    1. a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or
    2. b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.
  4. If the responsible party does not appropriately respond to the building official or designee within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The building official or designee shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
Amendments The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled at or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if the commissioner determines that, through other measures, lands are protected adequately for the intended uses.
All amendments to this chapter, including floodplain related amendments to the official zoning map, shall be submitted to and approved by the Minnesota commissioner of natural resources prior to adoption. Floodplain related changes to the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written or e-mail notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-3: P Park District

Purpose and Intent: The Park District is established to provide, preserve, and protect lands for parks, recreation, open space, and conservation purposes. It is intended to support active and passive recreation, preserve natural resources and scenic areas, maintain community open space, and promote public health and welfare. The district also allows park-related facilities and compatible public uses, including utilities, stormwater facilities, and public safety uses, when they do not conflict with park purposes, and ensures development is consistent with adopted park and comprehensive plans.
B. Permitted Uses: The following are permitted uses:
1. Active outdoor recreational facilities.
2. Golf course, public or private.
3. Government buildings where the use conducted is customarily considered to be an office use.
4. Organized recreational programs and special events, sponsored or approved by City Recreation Department.
5. Passive recreation and open space uses.
6. Play fields.
7. Recreation-related buildings and accessory facilities.
8. Other recreational uses or facilities that is consistent with the intent of the Park District.
9. Other recreation uses/equipment.
Permitted Accessory Uses. The following are permitted accessory uses:
1. Accessory park permits for vending, sales, and similar uses as issued by the City Recreation Department.
2. Accessory solar energy systems pursuant to Section 10-10-10 of this Title.
3. Advertising
4. Antennas mounted on an existing structure, as regulated by Section 10-10-12 of this title.
Conditional Uses. The following are conditional uses:
1. Essential service structures, provided no building shall be located within fifty feet (50') from any lot line of an abutting lot in an R district.
2. Towers as regulated in Section 10-10-12 of this title.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-4: CD Conservancy District

Purpose: The purpose of this district is to provide areas within the city for the preservation of sensitive natural areas and the protection and enhancement of wildlife habitat. The conservancy district (CD) may be applied to either public or private land. Areas included in the conservancy district are generally deemed unsuitable for residential, commercial, industrial, and most institutional development, due to flooding, high water table, restrictive soil conditions, steep, very steep and severe slopes, significant and valuable vegetation and/or wildlife habitat.
Permitted Uses. The following are permitted uses.
1. Permanent open space.
2. Public and private natural conservation and wildlife management areas.
Conditional Uses. The following are conditional uses
1. Accessory solar energy systems pursuant to Section 10-10-10 of this title.
2. Expansion of existing uses which are not in conformity with district use provisions.
3. Nature centers and administration buildings.
4. Recreational and interpretive trail systems.
5. Utility uses.
6. Other public uses.

Development Standards. The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications as set forth in this Title.

Lot Area	1 acre (43,560 square feet)
Lot Width	150 feet
Setback - Principal Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Accessory Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Parking
Front Yard	20 or 30 feet adjacent to any residential district
Side Yard	20 or 30 feet adjacent to any residential district
Side Yard - Street	20 or 30 feet adjacent to any residential district
Rear Yard	20 or 30 feet adjacent to any residential district

Not more than thirty percent (30%) of the gross lot area may be of an impervious surface

Supplemental Standards. The following are supplemental standards for the district:
1. Public Or Private Structures: In no case shall a public or private structure occupy more than twenty percent (20%) of the land within any separate parcel of land zoned CD.
2. Additional Or Increased Development Standards: If in its review of site and building for developments within the CD, the city finds that the protection of natural features warrants performance standards beyond that which would be provided by applicable setback, buffering and related standards, the city may require additional or increased development standards to protect such features.
3. Commercial Buildings: Commercial buildings shall comply with the building design and material requirements of Subsection 10-6-8(A) of this title.
4. Mechanical Equipment: Mechanical equipment (ground mounted and rooftop) shall meet the following requirements:
  1. Rooftop mechanical equipment shall not exceed the building height standards by more than ten feet (10') for a single-story building or fifteen feet (15') for a multiple-story building.
  2. All private ground mounted equipment shall be one hundred percent (100%) screened from view from adjacent properties and the public right of way by enclosures constructed of durable and permanent materials with architectural elements (type, quality, and appearance) similar and compatible to the principal structure.
  3. All rooftop equipment shall be screened from view from across adjacent streets fifteen feet (15') behind the curb or adjacent properties at the property line.
  4. Rooftop equipment shall be one hundred percent (100%) screened by the building parapet, or the equipment shall be grouped behind an enclosure and set back a distance of one and one-half (1 1/2) times its height from any primary facade fronting a public street.
  5. Screens shall be made of durable, permanent materials (not including wood) that are compatible with the primary building materials.
  6. Exterior mechanical equipment, such as ductwork, shall not be located on primary building facades.
5. Private Trash And Recyclables: Private trash and recyclable handling equipment shall meet the requirements of Subsection 10-6-8(B) of this title.
6. Public Trash And Recycling Containers: Public trash and recycling containers subject to Subsection 10-9-21(G) of this title.
7. External Loading Areas: External loading areas shall meet the requirements of Subsection 10-6-8(H) of this title.
8. Outdoor Lighting: Within the conservancy district, all exterior building and parking lot lighting shall comply with Section 10-9-7 of this title.
9. Landscaping: Within any conservancy district, development shall comply with the landscaping regulations of Section 10-9-13 and Subsection 10-9-13(E) of this title.
10. Height: No building or structure shall exceed thirty five feet (35') in height except as approved through a conditional use permit.

Rear Yard

HISTORY
Adopted by Ord. 1648 on 6/12/2026

1648

Burnsville City Zoning Code

CHAPTER 10

8 SPECIAL-OVERLAY DISTRICTS

10-8-1: Environmental Overlay District

General Provisions For All Overlay Districts
1. Purpose And Intent: Overlay districts established by this chapter are created for the purpose of protecting environmentally sensitive areas within designated areas of the city.
2. Scope: These districts shall overlay the established zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the established zoning districts. Land within an overlay district shall be subject to the requirements established in this title, as well as restrictions and requirements established by other applicable ordinances and regulations of the city. Within each adopted overlay district all uses shall be permitted in accordance with the regulations for the underlying zoning district(s); provided, however, that such uses must satisfy the additional requirements established in this title before development will be allowed.
3. Establishment Of Districts: The following overlay districts are hereby established:
  1. Wetlands overlay district.
  2. Soil erosion overlay district.
  3. Restrictive soils overlay district.
  4. Woodland overlay district.
  5. Shoreland overlay district.
  6. Stormwater overlay district.
  7. Drinking water protection overlay district.
4. District Boundaries: This title shall apply to the wetlands, soil erosion, restrictive soils, and shoreland overlay districts which are specifically delineated on the official environment overlay district maps of the city, which are incorporated herein by reference. The drinking water protection overlay district shall apply to the areas of the city, shown on the drinking water protection overlay map adapted from the wellhead protection area in part two of the wellhead protection plan dated June 19, 2013. For purposes of this title the woodland and stormwater management overlay districts shall encompass the entire city.
Legislative Findings And Purpose:
1. Wetlands Overlay District: Wetlands and public waters wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this overlay district to establish a policy of sound stewardship through coordination of regulations, which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. This overlay district is adopted in part to implement the wetland conservation act of 1991 (Minnesota laws 1991, chapter 354, as amended), and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended).
2. Soil Erosion Overlay District: Certain areas within the city contain slopes or unstable soils that can cause ecological impacts, including erosion, runoff, and the resulting siltation and pollution of water bodies and streams. These conditions also pose risks to public safety, such as landslides and mudslides. The purpose of this chapter is to protect public safety by minimizing hazards associated with steep slopes and unstable soils, protect public health by reducing erosion-related impacts to water resources, and promote the general welfare by preserving significant natural slope features and guiding development in a manner that reduces these risks.
3. Restrictive Soils Overlay District: Certain areas within the city contain soil types, slopes, and water conditions that are unsuitable for development without appropriate mitigation measures, and development in these areas, if not properly managed, can increase soil erosion and sedimentation, introduce contaminants into groundwater, contribute to pollution, degrade ecological and natural resources, and require significant public expenditures to correct resulting deficiencies, all to the detriment of the health, safety, and welfare of the citizens of Burnsville; therefore, the purpose of this chapter is to regulate development on restrictive soils in a manner that minimizes the risk of environmental damage and protects private property owners and public entities from incurring substantial maintenance and capital costs associated with such deficiencies.
4. Woodland Overlay District: The preservation of trees and woodlands within the city is essential to the health, safety, and welfare of the community and the broader metropolitan area. Existing and future development can reduce or eliminate wooded areas that, if preserved, provide important ecological, recreational, and aesthetic benefits for current and future residents. The purpose of this chapter is to preserve trees and woodlands on individual sites; protect public safety by reducing wind and water erosion, slope instability, and rapid runoff; promote public health through the absorption of air pollutants, contaminants, and noise and by increasing groundwater recharge; support diverse plant and animal habitats necessary for wildlife; enhance the aesthetic and recreational value of the area; and promote energy conservation by providing shade in the summer and wind protection in the winter.
5. Shoreland Overlay District:
  1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
  2. Policy: The uncontrolled use of shorelands of Burnsville, Minnesota, affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Burnsville, hereinafter referred to as "the city".
  3. Jurisdiction: The shoreland overlay district provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Subsection 10-8-10(B) of this chapter. Pursuant to Minnesota Regulations, Parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities 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, be exempt from this chapter.
  4. 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 chapter and other applicable regulations.
6. Stormwater Overlay District: The management of stormwater runoff is essential to the health, safety, and welfare of the city’s residents, as both the quality and quantity of runoff directly affect ecological and physical conditions, including soil erosion, flooding, water pollution, and aquatic life. The purpose of this chapter is to accommodate anticipated development while controlling stormwater runoff and protecting surface and groundwater resources through the implementation of the city’s water resources management plan and applicable performance standards for land-disturbing activities. This chapter is further intended to maintain safe and healthful conditions; prevent and control the adverse effects of stormwater, including soil erosion and water pollution; protect fish, aquatic life, and spawning areas; reduce the risk of exceeding the capacity of drainage systems and receiving waters; limit channel erosion and the transport of sediment; prevent damage to downstream properties; and guide site design, including building placement and impervious surfaces, in a manner that supports sound and sustainable economic growth.
7. Drinking Water Protection Overlay District: The purpose and intent of this overlay district is to:
  1. Acknowledge that certain areas within the city are highly susceptible to drinking water contamination, based on location of wells, surface water supply, and geomorphology;
  2. Provide for land uses that are compatible with the protection of the drinking water supply, while providing performance standards for uses that may put the aquifer at risk;
  3. Provide performance standards for land uses that have the potential to be detrimental to the drinking water supply.
Overlay District Administration:
1. Administration: Except as hereinafter provided, no one may perform any development in a stormwater, woodlands, wetlands, shoreland, soil erosion, drinking water protection or restrictive soils overlay district or obtain a development permit, without first having demonstrated that the proposed activity will meet or exceed the additional performance standards contained in this chapter. Any application for a development permit on land which is covered, in whole or in part, by this chapter shall include a site plan. Other engineering data, such as surveys, soil studies, and other descriptive information, may also be required at the direction of the city. A specific description of the type, amount and location of the development, and a description of the ecological characteristics of the natural features contained on the property, as well as the conservation plan describing actions to be taken to mitigate detrimental effects of development may also be required. When the proposed development includes the construction or alteration of a structure, four (4) sets of plans and one digital plan set shall be submitted with the application.
2. Exceptions:
  1. Emergency Work Necessary To Preserve Life Or Property: A person may commence emergency work necessary to preserve life or property, provided that within ten (10) days following the commencement of that activity, he/she submits a site plan for review along with any other information requested by the city necessary to determine if the performance standards contained in this chapter were met. If upon this review it is determined that all of the performance standards were not met, a plan shall be submitted and implemented (following city approval) to restore the natural resources to meet the intent of the performance standards contained in this title.
  2. Repair; Maintenance: Repair or normal maintenance.
3. Conditional Use: An applicant of a proposed development whose development does not comply to the letter with one or more of the standards in this chapter, but meets the spirit of the standards, may apply to the city council for a conditional use permit, pursuant to Section 10-5-5 of this title. The applicant shall demonstrate that the standards of Section 10-5-5 of this title have been met, and that the proposed development adheres to the purposes of the overlay district standards. The planning commission and city council may attach conditions they deem necessary to protect the overlay district and ensure that the intent and purpose of the overlay district is accomplished.
4. Enforcement: The city manager, or his or her designee, is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional and interim uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subsection 10-8-10(A)1 of this chapter.
5. Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
6. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other provisions of this title inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
7. Definitions: Unless specifically defined in Sections 10-4-2 and 10-8-2 of this chapter, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.

Wetlands Overlay District Standards: No development shall be allowed or development permit issued unless the City Council finds that the proposed development complies with the following standards:

State Regulations: The Wetland Conservation Act of 1991 (Minnesota laws, 1991, chapter 354, as amended) and that accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended) are incorporated herein by this reference.
Delineation Of Wetlands: Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable City ordinances and regulations. The standards and requirements set forth in this Chapter shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located.
1. A wetland is land that meets the definition of "wetlands" set forth in this Title. Wetland boundaries and wetland types as established by the Wetland Protection and Management Plan shall be prima facie evidence of the location and type of wetland. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for review supporting the applicant's position. The applicant shall provide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The city shall make a determination of the delineated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a qualified wetland consultant. The applicant may appeal the city's determination of the wetland boundary and type to the city council. Wetland boundaries shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland boundary.
No Net Loss: To achieve no net loss of wetland areas and public values, except as provided under subsection (O) of this section, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands.
Standards: The following standards apply to all land within and abutting a wetland:
1. Septic and soil absorption system must be set back a minimum of 75 feet from a wetland boundary.
2. The lowest ground floor elevation shall be a minimum of 2 feet above the elevation of the wetland.
3. Docks shall be elevated 6 to 8 inches above the water surface.
4. Access across a wetland shall be by means of a boardwalk or dock and only upon approval of a wetland alteration permit.
5. The Minnesota Pollution Control Agency (MPCA) Urban Best Management Practices shall be followed.
6. The standards of the city's Wetland Protection and Management Plan shall be followed.

Wetland Buffer Strips And Setbacks:

A buffer strip shall be maintained abutting all wetlands and public waters wetlands in accordance with the following table:

Wetland Classification	Principal And Accessory Structure Setback (Feet)	Permanent Buffer Strip Average Width (Feet)	Minimum Permanent Buffer Zone Width (Feet)	Percent Native Vegetation
Protection	50	50	30	Entire
Improvement	35	35	25	Entire
Management	25	25	20	Majority
Management II	None	20	20	Majority

Buffer strip vegetation shall be established and maintained in accordance to the following requirements:
1. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife.
2. The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland and public waters wetland, local topographic conditions, and the type and design of development being proposed.
3. The use of a meandering buffer strip to maintain a natural appearance is encouraged.

Wetland Alteration: An applicant for a permit to alter a wetland shall adhere to the following principles in descending order of priority:
1. Filling must be consistent with the city's Wetland Protection and Management Plan and the Water Resources Management Plan;
2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and
5. Filling in wetland areas must be mitigated in accordance with the requirements of this chapter and the city's Wetland Protection and Management Plan.
  A permit shall not be issued unless the proposed development complies within the mitigation provisions of subsection (K) of this section, as well as the standards, intent, and purpose of this section.
Permit Required: Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland and any land within the minimum permanent buffer zone as shown in Subsection (E) of this section of a delineated wetland boundary requires a permit. Activity in a wetland requiring a permit includes, but is not limited to:
1. Construction of new streets and utilities.
2. Creation of ponds or dams and alterations of the natural drainageways of watercourses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland.
3. Installation of boardwalks.
4. Discharge of stormwater runoff in a manner that impacts the wetland.
Filling: When a permit is issued allowing filling in a wetland, the following standards shall be followed:
1. Filling must be consistent with the Water Resources Management Plan.
2. Filling shall not cause the total natural nutrient stripping capacity of the wetland to be diminished to an extent that is detrimental to any area river, lake, or stream.
3. Only fill free of chemical pollutants and organic wastes may be used.
4. Filling in wetlands will not be permitted during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
5. Filling in wetlands must be mitigated in accordance with the requirements of this chapter.
Dredging/Excavating/Grading: When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed:
1. The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland.
2. It shall be located as to minimize the impact on vegetation.
3. It shall not adversely change water flow.
4. The size of the dredged area shall be limited to the minimum required for the proposed action.
5. Disposal of the dredged material is prohibited within the wetlands , except to create islands that have been approved by the city as part of the mitigation plan.
6. Disposal of any dredged material shall include proper erosion control and nutrient retention measures.
7. Dredging in any wetland is prohibited during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
8. Dredging in wetlands must be mitigated in accordance with the requirements of this Section if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the city's Wetland Protection and Management Plan and the Water Resources Management Plan.
Stormwater Runoff: When a permit is issued authorizing stormwater runoff to discharge directly into a wetland, the following standard applies: stormwater runoff from a development may be directed to the wetland only if consistent with the city’s Wetland Protection and Management Plan and Water Resources Management Plan, and site design should prioritize sheet flow and other overland drainage methods where feasible.”
Mitigation:
1. Mitigation Intent: Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value.
2. Mitigation Standards: Mitigation of wetlands for function and value should be restored, created, and enhanced to have the following characteristics:
  1. Relatively stable water levels subject to natural fluctuations.
  2. Pretreatment of inflow waters to improve quality.
  3. High level of upland/lowland intermingling.
  4. A ratio of open water to aquatic vegetation between 1:1 and 1:2.
  5. High degree of intermingling of open water and aquatic vegetation.
  6. High level of plant species diversity.
  7. Restoration of native plant species in upland and lowland areas.
  8. Undisturbed upland/lowland edge (i.e., buffer).
  9. Meandered wetland edge.
  10. Irregular bottom contours - mix of shallow and deep water.
  11. Shallow side and bottom slopes - preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability.
3. Mitigation Techniques:
  1. Mitigation shall be performed at a ratio required by state law.
  2. Mitigation shall result in no net loss to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat.
  3. Mitigation shall provide a buffer strip as set forth in this chapter. The buffer strip acreage may be included in the total acreage for mitigation purposes to the extent allowed pursuant to Minnesota Rules 8420.0540.
  4. Mitigation shall maintain or enhance the wetland hydrological balance through the following:
    1. Restoration of drained or partially drained wetlands.
    2. Restoration of degraded wetlands.
    3. Creation of new wetlands.
  5. If stormwater is channeled into a wetland, mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality.
  6. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity, provide visual variety, and provide nesting and food for wildlife.
  7. Wetland mitigation should be undertaken on site. If this is not feasible as demonstrated to the city, mitigation should occur in accordance with the requirements of the wetland Conservation Act.
4. Construction Management And Long Term Wetland Maintenance:
  1. The permit holder shall follow the Minnesota Pollution Control Agency Urban Best Management Practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.
  2. The permit holder shall conduct a monitoring program in accordance with the requirements of the Wetland Conservation Act. A letter of credit or cash security in the amount of the estimated construction costs of the mitigation plan from the permit holder shall be held to ensure compliance. The letter of credit shall be in the form approved by the city and shall be from a Federal Deposit Insurance Corporation (FDIC) insured local bank. The letter of credit or cash security may be reduced to twenty five percent (25%) if the city approves the mitigation construction and the permit holder provides the city with as built plans showing compliance with the approved mitigation plans. At the end of the monitoring period, the city will release the last 25 percent of the letter of credit or cash security if the permit holder demonstrates compliance with the designed wetland as built plans.
    Where feasible, the city shall require the permit holder to satisfy long term management requirements.
Application And Issuance Of Permit:
1. The applicant for a permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and an assessment of the functions and value of the impacted wetland Minnesota Routine Assessment Methodology (MnRAM) assessment) for the review of a wetland alteration permit application. The Public Works Director or designee shall use discretion regarding the level and complexity of information required to review the request. A wetland alteration permit shall not be issued without having been first reviewed by City staff and approved by the City Council following requirements and time schedules of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purpose, intent, and other provisions of this chapter. The city council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this Chapter. Such conditions may, among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; state the work over time; require the alteration of the site design to ensure buffering; and require the provision of a performance security.
2. The Public Works Director or designee shall serve on the Technical Evaluation Panel (TEP). Decisions under this section must not be made until after receiving the determination of the TEP regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the TEP asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved Comprehensive Wetland Protection and Management Plan per Minnesota Rules 8420.0650. The city council may seek and consider recommendations, if any, made by the TEP in making replacement plan decisions
3. Decisions made under this section concerning implementation of the Wetland Conservation Act may be appealed to the Board of Water and Soil Resources under Minnesota Rules 8420.0250.
4. The application for a permit under this chapter shall be accompanied by a permit fee to be determined by the city council.
Inspection Of Work: The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work.
Expiration And Renewal Of Permit:
1. Unless other time periods are specified by the City Council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one year after the date the city council approves the permit application.
2. The permittee shall provide written notice to the City 24 hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion.
3. If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The city council may renew a void permit at its discretion. If the city council does not renew the permit, the holder of the void permit may make original application for a new permit.
4. The permittee may make written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension.
Exemptions: Activities exempted by Minnesota Rules 8420.0122 shall be exempted from the provisions of this Chapter. However, Certificates of Exemption must be obtained from the city prior to starting work. Applications for Certificates of Exemption will be reviewed and approved by the Public Works Director or designee. Applications that are denied may be appealed by the applicant to the city council.

Soil Erosion Overlay District Standards: No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following standards:
1. No development shall be permitted on severe slopes of forty percent (40%) or more without an approved conditional use permit pursuant to Subsection 10-8-4(C) of this chapter.
2. During construction and until such time as final control measures are fully implemented and established, adequate development practices will be maintained to ensure that gross soil losses (expressed in terms of tons per acre per year) shall not exceed five (5) tons per acre per year during construction or two (2) tons per acre per year during construction when the site is adjacent to a water body or watercourses; and one-half (1/2) ton per acre per year after the construction activities are completed. This shall be determined by using the "U.S. Natural Resources Conservation Service Technical Guide" or another commonly accepted soil erosion methodology approved by the city.
3. The development shall comply with the requirements in section 10-8-8 of this chapter.
4. A forty foot (40') building setback shall be maintained along the Minnesota River bluffs. The "bluff line" is defined as the point at which the slope gradient exceeds forty percent (40%).
Restrictive Soils Overlay District Standards:
1. No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following requirements:
  1. No on site sewage disposal system shall be permitted on poorly drained soils, shallow soils, soils with low permeability, or soils with rapid permeability unless the permit applicant proves that a conventional soil system will be successfully modified, installed and maintained, such that the restrictive conditions will be overcome.
  2. No residential development shall be permitted on poorly drained soils, somewhat poorly drained soils, very shallow soils, soils with high shrink-swell or high frost action potential, or very steep or steep slopes unless the applicant proves construction techniques capable of overcoming the restrictive condition will be used.
  3. Industrial uses requiring the bulk storage of chemicals will not be allowed on wet or very wet soils, very shallow soils, or soils with very rapid or rapid permeability areas.
  4. No solid waste or hazardous waste disposal shall be permitted in soils with very rapid or rapid permeability or soils over fractured carbonate bedrock.
2. The certification of plans and specifications as adequate to overcome the restrictive condition by a professional engineer, registered in the state of Minnesota, and experienced and knowledgeable in soils and soils mechanics, shall be acceptable as evidence with regard to the city's and the applicant's meeting of requirements in subsections (A)1 and (A)2 of this section.
Controlling Erosion And Sediment From Land Disturbing Activities: No disturbance shall be allowed or permit issued for any activity that involves the following disturbance until the City Engineer finds that the activity complies with the City’s Development Design Standards as part of the Water Resources Management Plan adopted by the City Council in 2002 and any future amendments:
1. Disturbance involving 50 or more cubic yards of earthwork or greater than or equal to 1 acre of surface area.
2. Disturbance within a Lower Minnesota River Watershed District High Value Resource Area or Lower Minnesota River Watershed District Steep Slopes Overlay District involving 50 or more cubic yards of earthwork or greater than or equal to 5,000 square feet of surface area.
Woodland Protection Standards: No development shall be allowed or development permit issued within the city of Burnsville until the council finds that the development will comply with the following:
1. Woodland Preservation: To the extent possible, woodlands shall be preserved by locating structures in existing clearings and by the use of other innovation design techniques.
2. Undeveloped Land: No coniferous trees six feet (6') or taller or deciduous trees four inches (4") or greater in diameter as measured at four and one-half feet (4 1/2') above the ground shall be removed from undeveloped property without a tree removal permit, or as part of a city approved development of the property. A woodland evaluation worksheet is required on all new development projects. Any trees removed prior to development, through a tree removal permit, shall be included in future woodland removal calculations. For purposes of calculating woodland values, trees in existence as of November 15, 1982 (date of original woodland ordinance), shall be included. While development shall retain the maximum amount of woodland possible, it is recognized that a certain amount of woodland removal is an inevitable consequence of the urban development process. The threshold of clearing for each zoning district, beyond which reforestation shall be required, is as follows:
  Zoning District
  Woodland Removal Threshold
  CD, P
  20 percent
  CRD
  30 percent
  R-1, R-1A
  40 percent
  R-2, R-3A, R-3B, R-3D
  50 percent
  B-1, B-2
  50 percent
  B-3, B-4, MIX
  60 percent
  I-1, I-2, I-3, GIM, GMH
  60 percent
3. Applies only to deciduous trees 4 inches or greater in diameter at 4.5 feet above the ground and coniferous trees 6 feet or taller.
4. Developed Land: Property owners may remove trees (unless restricted by a CUP or PUD or other development agreement) under the following circumstances:
  1. In all zoning districts, any deciduous trees less than four inches (4") in diameter, at four and one-half feet (4 1/2') above the ground, and any dying or dead trees. No permit is required.
  2. On residential lots under two (2) acres, any tree. No permit is required.
  3. On residential lots of two (2) or more acres, and all other zoning districts, up to the tree removal threshold identified in subsection (B) of this section. Removal of trees requires a tree removal permit and reforestation for trees removed beyond the identified thresholds.
5. Preservation Of Trees: Trees, which are committed to preservation through permit or agreement, shall be surveyed by the developer or landowner. A replacement value for each tree will be determined by the city using the city's shade tree evaluation method. Letter of credit for the value of trees which are to be preserved beyond the removal threshold under this chapter shall be at the rate of one and one-half (1 1/2) times the determined valuation. The city's standard letter of credit form shall be used. The letter(s) of credit will be released when the following conditions are met:
  1. Eighteen (18) months have passed from the end of construction (determined by the issuance of a certificate of occupancy) in the area for which the letter(s) of credit were collected.
  2. An inspection by city staff has verified that the trees which were to be preserved are in good condition.
    Exceptions to the above will be considered if unique circumstances exist. Exceptions must be reviewed and approved by both the city forester and planning staff.
6. Additional Tree Removal: The city may permit additional tree removal by requiring reforestation in adjacent areas such as yard setbacks, outlots, or park lands. A tree removal permit to exceed the identified removal threshold will only be issued after review by the city forester and planning staff to ensure that the best available layout has been used to preserve significant trees and woodland areas. Reforestation shall occur in an amount equal to 1.5 times the value of the trees removed beyond the tree removal threshold. The value of the trees removed shall be determined by the shade tree evaluation method. Reforestation plans shall not include the use of any of the tree species which are currently on the city's list of "species which do not meet reforestation requirements". No more than twenty five percent (25%) of the reforestation plan shall consist of any one species, including shrubs provided on any related landscape plan.
7. Detrimental Activity Prohibited: Grading, contouring, paving, compaction of soils, or any excavation or trenching shall not occur within the drip line of tree preservation areas. Such activity has a detrimental effect on the aeration and permeability of the soils and causes permanent damage to the primary root zone of trees.
8. Measures: Measures shall be taken to protect and preserve the woodlands as described in the city's "Practical Guide To Preventing Construction Damage To Trees".
9. Damaged Trees: Notwithstanding the above, the removal of dead or dying trees seriously damaged by storm, other acts of nature, or disease is not prohibited. Trees removed due to acts of nature do not require reforestation.
10. Construction Sites: No movement and placement of equipment or materials storage shall be permitted outside the building activity area or in the tree preservation area. All buildings and driveways shall be located to avoid tree damage consistent with minimum building setback requirements of the zoning ordinance. The tree preservation area shall be temporarily fenced (with highly visible 4 foot high fencing) by the developer during all construction so that all trees in the tree preservation area shall be preserved. The city manager or designee shall have the authority to stop construction on the site until adequate barriers have been constructed. If a barrier is constructed on the site and is not adequately maintained in a manner which protects the tree preservation area, the city manager or designee shall have the authority to stop construction until the barrier is repaired.
11. Permits: Permits authorizing removal of trees may be issued by the city manager or designee in circumstances when the issuance of such a permit is found to be consistent with the purpose of this section. In all cases of permit application, the city manager or designee shall use reasonable interpretations of the circumstances in determining whether or not the permit should be issued.
12. Tree Contractor License Required: Tree contractors shall obtain a license as required by Title 3, Chapter 29 of this code.
13. Appeals: The property owner may appeal to the planning commission and city council any decision made by the city manager or other city official under the provisions of this section within thirty (30) days of the decision being rendered.

Shoreland Overlay District

Administration:
1. Permits Required:
  1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subsection (C)3 of this section. Application for a permit shall be made to the city manager, or his or her designee, on the forms provided. The application shall include the necessary information so that the city manager, or his or her designee, can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
  2. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Subsection (C)8 of this section, shall be either brought into compliance or eliminated according to the provisions of title 7, chapter 11 of this code.
2. Certificate Of Zoning Compliance: The city manager, or his or her designee, shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subsection (A)1 of this section. This certificate shall specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in Subsection 10-8-1(D) of this chapter.
3. Variances:
  1. Variances may only be granted in accordance with Minnesota Statutes 462 and Section 10-2 of this title as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
  2. In order to preserve water quality, the city will require a natural vegetated buffer strip on riparian lots as a mitigation measure with any variances granted. This includes variances to the OHWL setback, other setbacks and yard requirements, impervious surface, etc. The buffer strip must run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
  3. The city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (A)4b of this section shall also include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
  4. For existing developments, the application for a variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require that a nonconforming sewage treatment system be either brought into compliance or eliminated according to the provisions of chapter 11 of this title. (Ord. 884, 6-2-2003)
4. Notifications To The Department Of Natural Resources:
  1. Copies of all notices of any public hearings and reviews to consider variances, amendments, or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
  2. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action.

Shoreland Classification System And Land Use Districts:

The shoreland area for the water bodies listed in subsections (B)1b and (B)1c of this section shall be as defined in Section 10-8-1 (B) of this chapter and as shown on the official zoning map. The shorelands of the city are hereby designated as shoreland overlay district.

Lakes:

MnDNR ID No.	MnDNR Classification	Name
19-0021	Recreational Development (RD)	Alimagnet
19-0024	Natural environment (NE)	Wood Park
19-0025	Natural environment (NE)	Keller
19-0027	Recreational Development (RD)	Crystal
19-0028	Natural environment (NE)	Twin
19-0032	Natural environment (NE)	Horshoe
19-0033	Natural environment (NE)	Earley
19-0083	General development (GD)	Black Dog

Note: Sunset Lake does not have a DNR designation. It is not required to be regulated by the MnDNR.

Rivers:

Name	Classification	Location
Minnesota River	Transition	35W Bridge to Savage
Minnesota River	Transition	35W Bridge to Eagan
Unnamed Black Dog Lake	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Basin 83
One Mile Creek	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Sect. 24, Twp. 17, RNG. 24W
Unnamed Tributary	Tributary	From: Sect. 26, Twp. 27, RNG. 24W To: Basin 110

Land Use District Descriptions:
1. Criteria For Designation: The land use districts in section 10-6-1 of this title, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives:
  1. Preservation of natural areas;
  2. Present ownership and development of shoreland areas;
  3. Shoreland soil types and their engineering capabilities;
  4. Topographic characteristics;
  5. Vegetative cover;
  6. In water physical characteristics, values, and constraints;
  7. Recreational use of the surface water;
  8. Road and service center accessibility;
  9. Socioeconomic development needs and plans as they involve water and related land resources;
  10. The land requirements of industry which, by its nature, requires location in shoreland areas; and
  11. The necessity to preserve and restore certain areas having significant historical or ecological value.
2. Land Use District Descriptions: The land use districts provided in Section 10-6-1 of this title, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of the city. These land use districts are in conformance with the criteria specified in Minnesota Regulations Part 6120.3200, subp. 3.

Zoning And Water Supply/Sanitary Provisions:

Lake Standards:

Lot Area (Square Feet)	NE	RD	GD
Lots with Shoreline
Single	40,000	20,000	15,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	70,000	35,000	26,000
Triplex	100,000	50,000	38,000
Quad	130,000	65,000	49,000
All Others
Single	20,000	15,000	10,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	35,000	26,000	17,500
Triplex	52,000	38,000	25,000
Quad	65,000	49,000	32,500

Lot Width (Feet)	NE	RD	GD
Lots with Shoreline
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	225	135	135
Triplex	325	195	195
Quad	425	255	255
All Others
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	220	135	135
Triplex	315	190	190
Quad	410	245	245
Principal and accessory structure setback from OHWL	150¹	75	50
Total impervious surface area	25%	25%	25%
Total building height (feet)	35	35	35

Note: ¹Earley Lake and Keller Lake shall remain at 100 feet from OHWL.
River/Stream Lot Width Standards: There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the river/stream classifications are:

Transition
Tributary
Single
250
100
Duplex
375
150
Triplex
500
200
Quad
625
250
Special Provisions:
1. Only land above the ordinary high water level of public waters can be used to meet lot area standards. The lot width is the horizontal distance between the side lot lines, measured on a straight line that is as perpendicular to the side lot lines as possible, and that is parallel with the front lot line, as defined in section 10-3 of this title. The width standard must be met at both the ordinary high water level and at the building line. For lots with irregular front lot lines and/or shorelines, the width shall be measured on a straight line that is as perpendicular to the side lot lines as possible, and that is no closer to the front lot line and/or the shoreline than any portion of the building line and/or the ordinary high water level, respectively. The sewer lot area dimensions in subsection (C)1a of this section can only be used if publicly owned sewer system service is available to the property.
2. Subdivisions of duplexes, triplexes, and quads on natural environment (NE) lakes must also meet the following standards:
  1. Each building must be set back at least two hundred feet (200') from the ordinary high water level;
  2. Each building must have public sanitary sewer and water service;
  3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
  4. No more than twenty five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.
3. Mooring facilities for seven (7) or more watercraft are prohibited on all lakes. Marinas are only permitted along rivers as regulated by the underlying zoning district.

Structure And On Site Sewage System Setbacks (In Feet) From Ordinary High Water Level1: Setbacks are measured from the closest point of the OHWL to the closest point of the structure.

	Structure Unsewered	Sewered	Sewage Treatment System
Lakes
Natural environment (NE)	150	150	150
Recreational development (RD)	100	75	75
General development (GD)	75	50	50
Rivers
Transition	150	150	100
Tributary and urban	100	50	75

Note: Water oriented accessory structure designed in accordance with subsection (C)2 of this section may be set back a minimum distance of 20 feet from the ordinary high water level.

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

Setback From	Setback (Feet)
Top of Bluff	30
Unplatted Cemetrery	50
Right -of-way Line of Federal, State, or County Highway	50
Right-of-way Line of Town Road, Public Street, or Other Roads or Streets Not Classified	30

Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
Uses Without Water Oriented Needs: Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.

Design Criteria For Structures:
1. High Water Elevations: Structures must be placed in accordance with floodplain and the Burnsville water resources management plan (WRMP) regulations applicable to the site.
2. Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure and one open play structure such as a swing set or slide, but not a swimming pool or sport court not meeting the normal structure setback in Subsection (C)1a of this section if this water oriented accessory structure complies with the following provisions:
  1. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than one hundred twenty (120) square feet. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
  2. The setback of the structure or facility from the ordinary high water level must be at least twenty feet (20') and the setback from the side lot line shall be at least ten feet (10');
  3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
  4. Detached decks must not exceed eight feet (8') above grade at any point as measured to the floor of the deck; and
  5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
3. Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
  1. Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties;
  2. Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for commercial properties and public open space recreational properties;
  3. Canopies or roofs are not allowed on stairways, lifts, or landings;
  4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
  5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
  6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsection (C)2c(1) - (5) of this Section are complied with in addition to the requirements of Minnesota Regulations chapter 1340.
4. Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
5. Steep Slopes: The City Manager, or his or her 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 waters, assuming summer, leaf-on conditions.
6. Height Of Structures: All structures in residential districts, except churches, must not exceed thirty five feet (35') in height.
Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation Alterations:
  1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection 10-8-10(C)4 of this Section are exempt from the vegetation alteration standards that follow.
  2. Removal or alteration of vegetation is allowed subject to the following standards:
    1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as an interim use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
    2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
      1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
      2. Along rivers, existing shading of water surfaces is preserved; and
      3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
2. Topographic Alterations/Grading And Filling:
  1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
  2. Public roads and parking areas are regulated by Section 10-8-10 of this Section.
  3. Notwithstanding subsection (C)3b(1) and (2) of this Section, a grading and filling permit shall be required for:
    1. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
    2. The movement of more than ninety (90) cubic yards of material outside of steep slopes and shore and bluff impact zones.
  4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional and interim use permits, variances and subdivision approvals:
    1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, State, or Federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall be so advised:
      1. Sediment and pollutant trapping and retention;
      2. Storage of surface runoff to prevent or reduce flood damage;
      3. Fish and wildlife habitat;
      4. Recreational use;
      5. Shoreline or bank stabilization; and
      6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
    2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
    3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
    4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
    5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
    6. Fill or excavated material must not be placed in a manner that creates an unstable slope;
    7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;
    8. Fill or excavated material must not be placed in bluff impact zones;
    9. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.245;
    10. Alterations of topography must only be allowed if they are accessory to permitted, conditional, or interim uses and do not adversely affect adjacent or nearby properties; and
    11. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
  5. Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
Placement And Design Of Roads, Driveways, And Parking Areas:
1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical material.
2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of subsection (C)3b of this section must be met.

Stormwater Management:

General Standards: Land development shall comply with the water resources management plan as regulated in Section 10-8-11 of this chapter.

Impervious surface coverage limits shall apply to all riparian lots and nonriparian lots where fifty percent (50%) or more of the lot area lies within the shoreland overlay district. If a lot is subject to the impervious surface coverage limits, the entire lot must comply with the limits.

Zoning District	Permitted Maximum Impervious Surface With Mitigation	Conditional Use Permit Required: Maximum Impervious Surface With Mitigation
R-1, R-1A and R-2	30 percent	N/A
R-3A, R-3B and R-3D	30 percent	50 percent
B-1, B-2, B-3, B-4	30 percent	75 percent
I-1, I-2, I-3, GIM, and GMH	30 percent	75 percent

Special Provisions For Commercial, Industrial, Public/Semipublic, And Extractive Uses And Mining Of Metallic Minerals And Peat:
1. Standards For Commercial, Industrial, Public, And Semipublic Uses:
  1. Surface water oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water oriented needs must meet the following standards:
    1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
    2. Uses that require short term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and
    3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
      1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;
      2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information, and to comply with the requirements of chapter 30 of this title. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet (10') above the ground, and must not exceed thirty two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and
      3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. All outside lighting must comply with section 10-7-36 of this title. This does not preclude use of navigational lights.
  2. Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.
2. Extractive Use Standards:
  1. Site Development And Restoration Plan: An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.
  2. Setbacks For Processing Machinery: Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
3. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota Statutes, Sections 93.44 to 93.51, may be allowed as an interim use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.51, and Chapter 9 of this title are satisfied.
Conditional And Interim Uses: Conditional and interim uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional and interim uses established in Section 10-2 of this title. The following additional evaluation criteria and conditions apply within shoreland areas:
1. Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:
  1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
  2. The visibility of structures and other facilities as viewed from public waters is limited;
  3. The site is served by public water and sanitary sewer service; and
  4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
2. Conditions Attached To Conditional And Interim Use Permits: The city council, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
  1. Increased setbacks from the ordinary high water level;
  2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
  3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas; and
  4. Buffer strips on riparian lots that run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
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 Minnesota department of health and the Minnesota pollution control agency.
2. Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
  1. Publicly owned sewer systems must be used where available.
  2. All private sewage treatment systems must meet or exceed the provisions of Chapter 11 of this title and the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards", Chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this chapter.
  3. On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subsection (C)1d of this section.
  4. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the following evaluation criteria. 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. Evaluation Criteria: 1. Depth to the highest known or calculated ground water table or bedrock; 2. Soil conditions, properties, and permeability; 3. Slope; and 4. The existence of lowlands, local surface depressions, and rock outcrops.
  5. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsection (D)10 of this section.

Nonconformities: Within shoreland areas, all legally established nonconformities as of May 20, 1996, may continue, but they shall be managed according to applicable state statutes and Section 10-9-16 of this title. The use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas shall also be subject to the following:
1. Destruction Of Nonconforming Structure: When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
2. Nonconforming Lot Allowed As A Building Site Without Variance: A nonconforming single lot of record located within a shoreland district may be allowed as a building site without variance from lot size requirements, provided that:
  1. All structure and septic system setback distance requirements can be met;
  2. A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to a public sewer;
  3. The impervious surface coverage does not exceed the impervious surface coverage identified in Subsection (C)5 of this section; and
  4. The use is permitted in the underlying zoning district.
3. Shoreland Districts Not Surrounding Recreational Development Lakes: For all shoreland districts except said districts surrounding recreational development lakes, if in a group of two (2) or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
  1. The lot must be at least sixty six percent (66%) of the dimensional standards for the lot width and lot size for the shoreland classification consistent with Subsection (C) of this section;
  2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080 and city controls;
  3. The impervious surface coverage must not exceed twenty five percent (25%) of each lot; and
  4. Development of the lot must be consistent with the comprehensive plan.
4. Contiguous Lots Under Same Ownership Within Shoreland Area Of Recreational Development Lakes: Contiguous lots under the same ownership as of January 1, 2004, within the shoreland area of recreational development lakes may be considered as separate parcels of land for the purposes of sale or development if they meet all of the following criteria:
  1. The average lot area, as measured above the OHWL, of the contiguous lots meets or exceeds twelve thousand (12,000) square feet.
  2. Each lot is at least seventy five feet (75') wide as measured at the OHWL and building setback line.
  3. Impervious surface coverage of the lots does not exceed twenty five percent (25%) or thirty percent (30%) with mitigation through the means of a twenty foot (20') buffer of native vegetation along shore.
  4. No principal structures are located within the shore impact zone.
5. Combination Of Lots Not Subject To Subsection (D)3 Of This Section: A lot subject to subsection (D)3 of this section not meeting the requirements of subsection (D)3 of this section must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible.
6. Sale Of Contiguous Nonconforming Lots With Habitable Residential Dwellings: Notwithstanding subsection (D)3 of this section, contiguous nonconforming lots of record in shoreland districts under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota Statutes, Section 115.55 and Minnesota Rules, Chapter 7080 (subsurface sewage treatment systems), or connected to a public sewer.
7. Requirements Of Property Owner: In evaluating all variances, zoning and building permit applications, or conditional use requests, the property owner shall be required to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.
8. Separation Of Portion Of Conforming Lot: A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district of a new lot and the newly created parcel is combined with an adjacent parcel.
9. Additions/Expansions To Nonconforming Structures:
  1. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of subsection (C) of this section. Any deviation from these requirements must be authorized by a variance pursuant to Subsection (A)3 of this section and Section 10-2-3 of this title.
  2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
    1. The structure existed on the date the structure setbacks were established;
    2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
    3. The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
    4. The deck is constructed primarily of wood, and is not roofed or screened.
10. Nonconforming Sewage Treatment Systems:
  1. A sewage treatment system not meeting the requirements of Subsection (C)8 of this section shall be considered to be nonconforming and must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
  2. The city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city of Burnsville will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems that do not meet the requirements of subsection (C)8 of this section and the requirements of Chapter 11 of this title shall be considered to be nonconforming. Systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota pollution control agency's chapter 7080 for design of on site sewage treatment systems, shall also be considered nonconforming.
Subdivision/Platting Provisions:
1. Land Suitability: Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
2. Consistency With Other Controls: Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Subsections (C)1 and (C)8 of this section can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Subsection (C)1 of this section, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
3. Information Requirements: Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information shall include at least the following:
  1. Topographic contours at ten foot (10') intervals or less from United States geological survey maps or more accurate sources, showing limiting site characteristics;
  2. The surface water features required in Minnesota Statutes, Section 505.02, subdivision 1, to be shown on plats, obtained from United States geological survey quadrangle topographic maps or more accurate sources;
  3. Adequate soils information to determine suitability for building and on site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
  4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
  5. Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
  6. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
4. Dedications: When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
5. Platting: All subdivisions that create five (5) or more lots or parcels that are two and one-half (2 1/2) acres or less in size shall be processed as a plat in accordance with Minnesota statutes chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after this ordinance was adopted unless the lot was approved as part of a formal subdivision.

Stormwater Management Overlay District Standards; No development may occur and no development permit may be issued within the City of Burnsville unless the City Engineer determines that the proposed development complies with the following: the development is consistent with the Water Resources Management Plan adopted by the City Council in 2002, as amended, including applicable goals, policies, and design standards, as determined by the City Engineer; and all required storm sewer assessment fees are paid in accordance with the fee schedule adopted by the City Council prior to commencement of development.
Drinking Water Protection Overlay District: No development shall be allowed or development permit issued unless the council finds that the proposed development complies with the following standards:
1. Scope: The drinking water protection overlay district shall apply to all lands within the jurisdiction of the city of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the drinking water protection overlay map adapted from the wellhead protection area identified in part two of the wellhead protection plan dated June 19, 2013, and analysis of the capture zone for the Kraemer Quarry.
2. Official Zoning Map: The official zoning map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include all of the documents and maps referenced in subsection 10-8-3(B) of this title and the drinking water protection overlay map referenced in subsection (A) of this section. The official zoning map shall be kept on file in the community development department.
3. Land Uses: All land uses shall be permitted, accessory, interim or conditional to the extent that they are allowed in the base zoning district.
4. 4. Compliance Required: The provisions of this section shall apply for any activity requiring any development application or building permit, at the time there is a change in use or occupancy, and all activities that result in disturbance of one-half (1/2) acre or more or the addition of five thousand (5,000) square feet of impervious surface.
5. Exceptions: The provisions of this section shall not apply to the application of a building permit for interior work, remodeling, tenant finishes, replacement of siding, windows and openings, heating/ventilation, air conditioning (HVAC) equipment, or roofing or signs.
6. Performance Standards: No development shall be allowed or development permit issued until the owner and/or tenant demonstrates to the satisfaction of the city engineer, or designee, that the proposed site, use, operation or development meets the following performance standards:
  1. All parking areas and outside storage areas shall be paved with asphalt or concrete, with appropriate stormwater management systems, as deemed necessary by the city engineer;
  2. All floor drains shall be connected to the sanitary sewer system, with the addition of a flammable waste trap, and where allowed by Minnesota State Building Code (MSBC) and/or Minnesota State Fire Code (MSFC);
  3. Structures and/or mechanisms for containment or grit traps are used for contaminant spillage;
  4. All vehicle and equipment washing or pressure washing/steam washing shall be conducted on a designated wash pad that is connected to the sanitary sewer system;
  5. A grading and drainage plan is submitted and approved by city engineer that directs site runoff into the stormwater management system and/or directs stormwater runoff away from natural water bodies, wetlands, floodplains, and reservoirs;
  6. Stormwater catchment basins shall be lined;
  7. Evidence shall be provided of required state and/or federal permits for regulated substances, if applicable.
7. Procedures For Review And Approval: All projects requiring review in the drinking water protection overlay district, per subsection (D) of this section will be subject to review by the city engineer to determine compliance with the performance standards of Subsection (F) of this section.
8. Protection Of Drinking Water Supply: Section 7-2-24 of this code shall also apply to all sites, operations and uses in the drinking water protection overlay district.
Other General Conditions: Any permit required in this chapter may be issued subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this title. Such conditions may, in addition to other conditions, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, require alteration of the site design to ensure buffering, require the provision of a cash security or letter of credit, or require the conveyance to the city or another public entity of certain lands or interest therein. The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purposes of this chapter by expressed conditions contained in the permit.
Time Of Permit; Extensions; Renewals
1. Compliance: The city, its agents, employees, and officers may inspect the work authorized under any permit required in this chapter, including periodic and final inspections, to determine compliance with the requirements and conditions of the permit and this chapter.
2. Notice Of Completion: A permittee shall notify the city manager or designee in writing when they have finished the work. No work shall be deemed to have been completed until approved in writing by the city manager or designee following such written notification.
3. Inspection: The city manager may cause inspections of the work to be made periodically during the course thereof by himself or a member of the engineering staff and shall cause a final inspection to be made following the completion of the work. The permittee shall assist the director in making inspections.
Responsibility; Effect
1. Responsibility: Neither the issuance of a permit nor compliance with the conditions thereof, nor compliance with the provisions of this title shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this title shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance.
2. Intercommunity Review: Where any proposed development or action abuts an adjacent municipality, that municipality shall be notified of the proposed development or action and given the opportunity to review and comment on the proposal. Such notification shall be mailed to the city clerk of the abutting municipality.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-2: Floodplain Regulations

Statutory Authorization, Findings Of Fact And Purpose:
1. Statutory Authorization: The Legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Section 462.357 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore the City Council of the City of Burnsville, Minnesota, does ordain as follows.
2. Findings Of Fact:
  1. Flood Hazard Areas: The flood hazard areas of the City of Burnsville 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
  2. Methods Used To Analyze Flood Hazards: This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
  3. National Flood Insurance Program Compliance: This chapter is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the national flood insurance program.
3. Statement Of Purpose: The purpose of this chapter is to promote the public health, safety and general welfare and to minimize those losses described in Subsection (B)1 of this section by provisions contained herein.
General Provisions:
1. Land To Which Chapter Applies: This chapter shall apply to all lands within the jurisdiction of the City of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, and general floodplain districts.
2. Official Zoning Map and Incorporated Flood Hazard Data: The official zoning map, together with all maps, studies, and other materials referenced in this chapter, is adopted and incorporated by reference as part of this chapter and has the same force and effect as if fully set forth in this chapter.
  The incorporated materials include the following Federal Emergency Management Agency (FEMA) flood hazard data for Dakota County, Minnesota, and Incorporated Areas:
  1. Letter of Map Revision (LOMR), Case No. 23-05-1985P, dated September 2, 2025 including all supporting technical data, maps, tables, and flood profiles;
  2. Flood Insurance Study (FIS) for Dakota County, Minnesota, and Incorporated Areas, Volumes 1, 2, and 3, dated March 16, 2016; and
  3. Flood Insurance Rate Map (FIRM) panels numbered 27037C0060E, 27037C0065E, 27037C0070E, 27037C0080E, 27037C0090E, 27037C0177E, 27037C0179E, 27037C0181E, 27037C0182E, 27037C0183E, 27037C0184E, 27037C0201E, and 27037C0203E, dated December 2, 2011.
    These materials are prepared by the Federal Emergency Management Agency (FEMA) and are incorporated herein for the purposes of floodplain regulation and administration under the National Flood Insurance Program (NFIP).
    The official zoning map and incorporated FEMA materials shall be maintained on file and available for public inspection in the Community Development Department.
3. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increase in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
4. Interpretation:
  1. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
  2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning 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 city planner, the city council shall make the necessary interpretation. All decisions will be based on elevation 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 (March 29, 1974) showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.
5. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Warning And Disclaimer Of Liability: This chapter 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 chapter shall not create liability on the part of the city of Burnsville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
7. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Floodplain Zoning Districts
1. Districts:
  1. Floodway District (FW): The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in Subsection 10-8-3-2(2) of this chapter. For lakes, wetlands and other basins, the floodway district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in subsection 10-8-3-2(2) of this chapter that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  2. Flood Fringe District (FF): The flood fringe district shall include those areas designated as floodway fringe, which shall include the areas shown on the flood insurance rate map, adopted in Subsection 10-8-3-2(2) of this chapter as being within zone AE but being located outside of the floodway. For lakes, wetlands and other basins, the flood fringe district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in Subsection 10-10-2(B) of this chapter that are below the one percent (1%) chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  3. General Floodplain District (GFP): The general floodplain district shall include those areas on the Credit River Tributary designated as zone AE (without a floodway designated) on the flood insurance rate map adopted in Subsection 10-10-2(B) of this chapter, which are not subject to criteria in Subsections (A)1 and (A)2 of this section.
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, flood fringe, and general floodplain districts, all uses not listed as permitted uses or conditional uses, or interim uses in Sections 10-8-3, 10-8-3, and 10-8-3 of this chapter that follow respectively, shall be prohibited. In addition, a caution is provided here that:
  1. New manufactured homes, replacement manufactured homes and recreational vehicles defined in subsection 10-8-3-(H) of this chapter are subject to the general provisions of this chapter and specifically Section 10-8-3 of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code. Manufactured homes are also subject to Chapter 18, "R-3D Manufactured Housing District", of this title.
  2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically section 10-8-3of this chapter.
  3. As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing 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 Section 10-8-3 of this chapter.
Floodway District (FW):
1. Permitted Uses: The following uses shall be permitted uses within the floodway district to the extent that they are allowed in the base zoning district.
  1. Agricultural uses:
    1. Forestry.
    2. General farming.
    3. Grazing.
    4. Horticulture.
    5. Outdoor plant nurseries.
    6. Pasture.
    7. Sod farming.
    8. Truck farming.
    9. Wild crop harvesting.
  2. Commercial and industrial uses:
    1. Loading areas.
    2. Parking areas.
    3. Yards.
  3. Private and public recreational uses:
    1. Archery ranges.
    2. Boat launching ramps.
    3. Driving ranges.
    4. Fish hatcheries.
    5. Game farms.
    6. Golf courses.
    7. Hunting and fishing areas.
    8. Parking areas.
    9. Parks.
    10. Picnic grounds.
    11. Shooting preserves.
    12. Single or multiple purpose recreational trails.
    13. Swimming areas.
    14. Target ranges.
    15. Tennis courts.
    16. Trap and skeet ranges.
    17. Wildlife and nature preserves.
  4. Residential uses:
    1. Gardens.
    2. Lawns.
    3. Parking areas.
    4. Play areas.
2. Standards For Floodway Permitted Uses:
  1. The use shall have low flood damage potential.
  2. 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. Floodway Conditional And Interim Uses: The following open space uses which require only accessory structures, fill, storage of materials or equipment, grading and excavation, may be permitted in the floodway district by conditional or interim use permit if allowed as such in the base zoning district and provided they comply with the provisions of this chapter:
  1. Uses or structures accessory to the permitted conditional or interim uses in the floodway district.
  2. Extraction and storage of sand, gravel, salt, and other materials.
  3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
  4. Parking and loading areas that require filling, paving, grading or excavation.
  5. Placement of fill, dredge spoils, landfills authorized by the Minnesota pollution control agency and construction of fences.
  6. Railroads, streets, bridges, utility transmission lines, and pipelines.
  7. 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 Section 10-8-3 of this chapter. Recreational vehicles are also subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  8. Storage yards for equipment, machinery, or materials.
  9. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, landfills, quarries, essential service structures, public utilities and related structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
4. Standards For Floodway Conditional And Interim Uses:
  1. 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 conditional or interim uses 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.
  2. Conditional And Interim Uses: All floodway conditional uses and interim uses shall be subject to the procedures and standards contained in Subsection 10-8-3-10(H) of this chapter.
  3. Fill:
    1. Fill, dredge spoil, excavation sites, salt storage, Minnesota pollution control agency authorized landfills or other similar materials deposited or stored in the floodplain shall be protected against erosion by vegetative cover, mulching, riprap or other acceptable method.
    2. Dredge spoil sites, sand and gravel operations, salt storage and Minnesota pollution control agency authorized landfills shall not be allowed in the floodway unless a long term site development plan which includes an erosion/sedimentation prevention element in the plan is submitted.
    3. As an alternative, and consistent with subsection (D)3b of this section, dredge spoil disposal, salt storage, Minnesota pollution control agency authorized landfills 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 council has received and approved an appropriate plan which assures the removal of materials from the floodway based upon the flood warning time available. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan. The conditional or interim use permit allowing such use must be title registered with the property in the office of the county recorder.
  4. Accessory Structures:
    1. Accessory structures shall not be designed for human habitation.
    2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum amount of obstruction to the flow of floodwaters:
      1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
      2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
    3. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment and does not exceed five hundred (500) square feet in size at its largest projection. If the accessory structure is a detached garage, it must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:
      1. 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;
      2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and
      3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area 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 (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
  5. Storage Of Material And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. 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 council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Structural Works For Flood Control: 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 Minnesota statutes, chapter 103G. Communitywide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
  7. Levees, Dikes, Or Floodwalls Constructed In Floodway: 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.
Flood Fringe District (FF)
1. Permitted Uses: The following uses shall be permitted uses within the flood fringe district to the extent that they are allowed in the base zoning district. All permitted uses shall comply with Subsections (B), "Standards For Flood Fringe Permitted Uses", and (E), "Standards For Flood Fringe Uses", of this section.
  1. Any use permitted in Subsection 10-8-3-(D) of this chapter.
  2. Any use permitted in the base zoning district.
2. Standards For Flood Fringe Permitted Uses:
  1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. Lowest floor elevations shall also be subject to the Burnsville water resources management plan.
  2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with Subsection 10-10-4(D)4c of this chapter.
  3. The cumulative placement of fill where at any one time in excess of one thousand (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 subsection (B)1 of this section.
  4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
  5. The provisions of subsection (E) of this section shall apply.
3. Flood Fringe Conditional And Interim Uses: The following uses may be permitted in the flood fringe district by conditional or interim use permit if allowed as such in the base zoning district.
  1. Any use permitted in the base zoning district as either a conditional or interim use.
  2. Any structure that is not elevated on fill or floodproofed in accordance with subsection (B)1 or (B)2 of this section or any land use that does not comply with the standards in Subsection (B)3 or (B)4 of this section. An application for a conditional use permit shall be subject to the standards and criteria and evaluation procedures specified in Subsections (D) and (E) of this section and Subsection 10-8-3 of this chapter.
4. Standards For Flood Fringe Conditional And Interim Uses:
  1. Alternative Elevation Methods: 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, etc., 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 the enclosed area:
    1. Is above grade on at least one side of the structure;
    2. Is designed to internally flood and is constructed with flood resistant materials; and
    3. Is used solely for parking of vehicles, building access, or storage. The above noted alternative elevation methods are subject to the following additional standards:
      1. 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 floodwater from entering or accumulating within these components during times of flooding.
      2. 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:
        The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one foot (1') above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and
        That 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.
  2. Basements: Basements, as defined by subsection 10-8-3-2(H) of this chapter shall be subject to the following:
    1. Residential basement construction shall not be allowed below the regulatory flood protection elevation.
    2. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with subsection (D)3 of this section.
    3. Basement and all other low floor elevations shall also meet the requirements of the Burnsville water resources management plan.
  3. Areas Of Nonresidential Structures: All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
  4. Erosion/Sedimentation Control Plan: When at any one time more than one thousand (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. 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.
  5. Storage Of Materials And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. Storage of other materials or equipment may be allowed by conditional use permit if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Additional Provisions: The provisions of Subsection (E) of this section shall also apply.
5. Standards For Flood Fringe Uses:
  1. All new principal structures must have vehicular access at or above the regulatory flood protection elevation. Existing structures may be permitted to have vehicular access at an elevation not more than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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.
  2. Business uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the 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 is 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 (4) upon the occurrence of the regional flood.
  3. Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant operations especially for 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 subsection (E)2 of this section. In considering permit applications, due consideration shall be given to the needs of an industry whose business requires that it be located in floodplain areas.
  4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, 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.
  5. 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.
  6. Standards for recreational vehicles are contained in subsection 10-8-3-9(B) of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  7. 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.
General Floodplain District (GFP)
1. Permitted Uses: Permitted uses shall include those uses permitted by Subsection 10-8-3-4(A) of this chapter to the extent that they are allowed in the base zoning district.
2. Conditional And Interim Uses: All other uses than those listed in subsection (A) of this section shall be subject to the floodway/flood fringe evaluation criteria pursuant to subsection (C) of this section. Section 10-8-3 of this chapter shall apply if the proposed use is in the floodway district and section 10-8-3 of this chapter shall apply if the proposed use is in the flood fringe district.
3. Procedures For Floodway And Flood Fringe Determinations Within The General Floodplain District:
  1. Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the city for the determination of the regulatory flood protection elevation and of whether the proposed use is within the floodway or flood fringe district.
    1. A typical valley cross section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.
    2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations; the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevation of streets.
    3. Photographs showing existing land uses and vegetation upstream and downstream, and soil types.
    4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred feet (500') in either direction from the proposed development.
  2. The applicant shall submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, parts 6120.5000 through 6120.6200 and 44 code of federal regulations part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
    1. Estimate the peak discharge of the regional flood.
    2. Calculate the water surface profile of the regional flood based upon hydraulic analysis of the stream channel and overbank areas.
    3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than five-tenths foot (0.5'). A lesser stage increase than five-tenths foot (0.5') shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
  3. The technical evaluation and findings of the designated engineer or expert shall be presented to the city council. The city council must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the department of natural resources or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the city council shall refer the matter to the city planner, who shall process the permit application consistent with the applicable provisions of sections 10-8-3-4 and 10-8-3-5 of this chapter. (Ord. 1250, 10-18-2011)
Subdivisions The provisions of Title 11, "Subdivisions", of this code and Section 10-8-1- "Shoreland Overlay District", of this title shall apply in addition to the following:
1. Review Criteria: No land shall be subdivided that is unsuitable by reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the floodplain shall contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with provisions of this code and have road access both to the subdivision and to the individual building sites at or above the regulatory flood protection elevation. Subdivision of land with existing structures may be permitted to have vehicular access at an elevation not lower than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
2. Floodway/Flood Fringe Determinations In The General Floodplain District: In the general floodplain district, applicants shall provide the information required in subsection 10-10-6(C) of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district boundaries, and the regulatory flood protection elevation for the subdivision site.
3. Removal Of Special Flood Hazard Area Designation: 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.
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 a floodplain district shall be floodproofed 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 Sections 10-8-3 and 10-8-3 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where the city finds that 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. Subsurface Sewage Treatment Systems (SSTS) And Water Supply Systems: Where public utilities are not provided:
  1. On site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and
  2. New or replacement SSTS must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters 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 SSTS shall be determined to be in compliance with this section.
  3. Additional requirements for SSTS and on site water supply systems for lands in shoreland districts and the requirements of Title 7, Chapter 11, "Subsurface Sewage Treatment Systems (SSTS)", of this code shall also be met.
Manufactured Homes And Manufactured Home Parks, And Placement Of Recreational Vehicles
1. Manufactured Homes And Manufactured Home Parks:
  1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 10-8-3-7 of this chapter and requirements of Chapter 18, "R-5 Manufactured Housing District", of this title.
  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 Section 10-8-3-5 of this chapter and chapter 18, "R-5 Manufactured Housing District", of this title. If vehicular road access for preexisting manufactured home parks is not provided in accordance with Subsection 10-8-3-5(E)1 of this chapter, then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council.
    1. 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.
2. Placement Of Recreational Vehicles: Recreational vehicles are subject to this chapter and Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  1. Recreational vehicles that do not meet the exemption criteria specified in subsection (B)1a of this section shall be subject to the provisions of this chapter and as specifically spelled out in Subsections (B)3 and (B)4 of this section and shall also be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Exemption: Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection (B)3 of this section and further if they meet the following criteria:
      1. Have current licenses required for highway use.
      2. Are highway ready meaning they are 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.
      3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
  2. Areas exempted for placement of recreational vehicles. Recreational vehicles shall also be subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Individual lots or parcels of record.
    2. Existing commercial recreational vehicle parks or campgrounds.
    3. Existing condominium type associations.
  3. Recreational vehicles exempted in subsection (B)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle, or exceeding five hundred dollars ($500.00) 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/floodproofing requirements and the use of land restrictions specified in Sections 10-8-3 and 10-8-3 of this chapter. 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.
  4. 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 (5) units or dwelling sites shall be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code and Chapter 18, "R-5 Manufactured Housing District", of this title and the following:
    1. 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 Subsection 10-8-3-5(E)1 of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
    2. All new or replacement recreational vehicles not meeting the criteria of Subsection (B)4a of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subsection 10-8-3-10(H) of this chapter. 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 and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsections (B)1a(1) and (B)1a(2) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subsection 10-8-3-8(C) of this section.
Administration
1. Planning Manager: The city planner or other official designated by the city council shall administer and enforce this chapter. If the city planner finds a violation of the provisions of this chapter the person responsible shall be notified for such violation in accordance with the procedures stated in Section 10-8-3 of this chapter.
2. Permit Requirements:
  1. Permit Required: In all floodplain districts, a permit issued by the city in conformity with the provisions of this chapter shall be secured prior to the construction, 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 storage of materials or equipment within the floodplain.
  2. Application For Permit: Application for a permit shall be made, on forms furnished by the city and shall include the following where applicable: Plans drawn to scale, showing the nature, location, dimensions, and elevations (in NAVD, 1988 datum), of the lot; existing and/or proposed structures, fill, or storage of materials; the location of the foregoing in relation to the stream channel.
  3. State And Federal Permits: Prior to granting a use permit or processing an application for a conditional or interim use permit or variance, the applicant shall demonstrate to the city that it has obtained all necessary state and federal permits.
  4. Certificate Of Zoning Compliance For New, Altered, Or Nonconforming Use: Within floodplain districts, 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, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the city stating that the use of the building or land conforms to the requirements of this chapter.
  5. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates Of Zoning Compliance: Permits, conditional or interim use permits, variances 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 a violation of this chapter and punishable as provided by Section 10-8-3(L)of this chapter.
  6. Certification: Prior to issuance of a certificate of occupancy, the applicant shall 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. Floodproofing measures shall be certified by a registered professional engineer or registered architect. The city may require financial security to be provided at the time of permit application to ensure that the provisions of this section are met.
  7. Record Of Lowest Floor Elevations: The city 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 city shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.
  8. Notification For Watercourse Alterations: The city 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 Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted via e-mail to the Chicago regional office of FEMA.
  9. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the city shall notify the Chicago regional office of FEMA of the changes by submitting via e-mail a copy of said technical or scientific data.
3. Board Of Adjustment:
  1. Rules: The city council is the board of adjustment and shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
  2. Administrative Review: The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
  3. Variances: Variance applications shall be processed in accordance with section 10-2-3 of this title and pursuant to this section. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as practical difficulties or circumstances unique to the property under consideration, as provided for in Chapter 5, "Administration", of this title. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that exist consistent with the criteria specified in this chapter, and in Chapter 5, "Administration", of this title which justify the granting of the variance. No variance shall have the effect of allowing in any district uses that are prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of FEMA must be satisfied:
    1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
    2. Variances may only be issued upon:
      1. A showing of good and sufficient cause,
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variance Notification Requirement: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
5. Decisions: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the city planner or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in Subsection (H)7 of this section, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under Section 10-10-12 of this chapter.
  1. A copy of all decisions granting variances shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
6. Appeals: Appeals from any decision of the city council may be made, and as specified in this title and also by Minnesota statutes.
7. Flood Insurance Notice And Recordkeeping: The city shall notify the applicant for a variance that:
  1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
  2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.
8. Conditional And Interim Use Permits: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99; the provisions of Sections 10-2-4 and 10-2-5 of this title and pursuant to the following:
  1. Use Requiring Conditional Or Interim Use Permit: Any use requiring a conditional or interim use permit shall be processed in accordance with procedures set forth in Sections 10-2-4, "Conditional Uses", and 10-2-5, "Interim Uses", of this title.
  2. Application Submitted: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed conditional or interim use sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
  3. Decisions Forwarded: A copy of all decisions granting conditional and interim use permits shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
  4. Procedure To Be Followed: Procedure to be followed by city council in passing on conditional and interim use permit applications within all floodplain districts.
    1. Applications for a conditional or interim use permits within all floodplain districts shall include the following:
      1. Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and
      2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
    2. The city may submit the application to other experts or agencies for technical assistance to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
    3. Based upon the technical evaluation the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
  5. Factors On Which Decision Is Based: Factors upon which the decision of the city shall be based: In passing upon conditional and interim use permit applications, the city shall consider all relevant factors specified in other sections of this chapter, and:
    1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
    2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
    3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
    4. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.
    5. The importance of the services provided by the proposed facility to the community.
    6. The requirements of the facility for a waterfront location.
    7. The availability of alternative locations not subject to flooding for the proposed use.
    8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
    9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
    10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
    11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
    12. Such other factors which are relevant to the purposes of this chapter.
  6. Time For Acting On Application: All applications shall be reviewed pursuant to Minnesota Statutes, Section 15.99.
  7. Conditions Attached To Conditional And Interim Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the city council shall attach such conditions to the granting of conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
    1. Modification of waste disposal and water supply facilities.
    2. Limitations on period of use, occupancy, and operation.
    3. Imposition of operational controls, sureties, and deed restrictions.
    4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
    5. Floodproofing measures in accordance with the state building code and this chapter. The city shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
Nonconforming Uses Within floodplain districts the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
  1. No such structure or use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
  2. Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in Subsections (A)3 and (A)6 of this section.
  3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of the structure, then the structure must meet the standards of Sections 10-8-3 (D) or 10-8-3 (E) of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.
  4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter.
  5. If any nonconforming use or structure is substantially damaged, as defined in subsection 10-8-3(H) of this chapter, it shall not be reconstructed except in conformity with the provision of this chapter. The applicable provisions for establishing new uses or new structures in Sections 10-8-3 (C), 10-8-3(D) or 10-8-3(E) of this chapter will apply depending upon whether the use or structures is in the floodway, flood fringe or general floodplain district, respectively.
  6. If a "substantial improvement" occurs, as defined in Subsection 10-8-3(B) of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement of the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Sections 10-8-3(D) or 10-8-3 (E) of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
Penalties For Violation
1. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional or interim use permits) shall constitute a misdemeanor and shall be punishable as defined by law.
2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
  1. In responding to a suspected ordinance violation, the building official or designee and the city council may utilize the full array of enforcement actions available to them including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures, or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.
  2. Whenever the building official or designee reasonably believes that an ordinance violation has occurred or is occurring, he shall investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the department of natural resources and FEMA regional office along with the city's plan of action to correct the violation to the degree possible.
  3. The building official or designee shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the building official or designee may order the construction or development immediately halted until a proper permit or approval is granted by the city council. If the construction or development is already completed, then the building official or designee may either:
    1. a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or
    2. b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.
  4. If the responsible party does not appropriately respond to the building official or designee within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The building official or designee shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
Amendments The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled at or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if the commissioner determines that, through other measures, lands are protected adequately for the intended uses.
All amendments to this chapter, including floodplain related amendments to the official zoning map, shall be submitted to and approved by the Minnesota commissioner of natural resources prior to adoption. Floodplain related changes to the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written or e-mail notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-3: P Park District

Purpose and Intent: The Park District is established to provide, preserve, and protect lands for parks, recreation, open space, and conservation purposes. It is intended to support active and passive recreation, preserve natural resources and scenic areas, maintain community open space, and promote public health and welfare. The district also allows park-related facilities and compatible public uses, including utilities, stormwater facilities, and public safety uses, when they do not conflict with park purposes, and ensures development is consistent with adopted park and comprehensive plans.
B. Permitted Uses: The following are permitted uses:
1. Active outdoor recreational facilities.
2. Golf course, public or private.
3. Government buildings where the use conducted is customarily considered to be an office use.
4. Organized recreational programs and special events, sponsored or approved by City Recreation Department.
5. Passive recreation and open space uses.
6. Play fields.
7. Recreation-related buildings and accessory facilities.
8. Other recreational uses or facilities that is consistent with the intent of the Park District.
9. Other recreation uses/equipment.
Permitted Accessory Uses. The following are permitted accessory uses:
1. Accessory park permits for vending, sales, and similar uses as issued by the City Recreation Department.
2. Accessory solar energy systems pursuant to Section 10-10-10 of this Title.
3. Advertising
4. Antennas mounted on an existing structure, as regulated by Section 10-10-12 of this title.
Conditional Uses. The following are conditional uses:
1. Essential service structures, provided no building shall be located within fifty feet (50') from any lot line of an abutting lot in an R district.
2. Towers as regulated in Section 10-10-12 of this title.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-4: CD Conservancy District

Purpose: The purpose of this district is to provide areas within the city for the preservation of sensitive natural areas and the protection and enhancement of wildlife habitat. The conservancy district (CD) may be applied to either public or private land. Areas included in the conservancy district are generally deemed unsuitable for residential, commercial, industrial, and most institutional development, due to flooding, high water table, restrictive soil conditions, steep, very steep and severe slopes, significant and valuable vegetation and/or wildlife habitat.
Permitted Uses. The following are permitted uses.
1. Permanent open space.
2. Public and private natural conservation and wildlife management areas.
Conditional Uses. The following are conditional uses
1. Accessory solar energy systems pursuant to Section 10-10-10 of this title.
2. Expansion of existing uses which are not in conformity with district use provisions.
3. Nature centers and administration buildings.
4. Recreational and interpretive trail systems.
5. Utility uses.
6. Other public uses.

Development Standards. The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications as set forth in this Title.

Lot Area	1 acre (43,560 square feet)
Lot Width	150 feet
Setback - Principal Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Accessory Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Parking
Front Yard	20 or 30 feet adjacent to any residential district
Side Yard	20 or 30 feet adjacent to any residential district
Side Yard - Street	20 or 30 feet adjacent to any residential district
Rear Yard	20 or 30 feet adjacent to any residential district

Not more than thirty percent (30%) of the gross lot area may be of an impervious surface

Supplemental Standards. The following are supplemental standards for the district:
1. Public Or Private Structures: In no case shall a public or private structure occupy more than twenty percent (20%) of the land within any separate parcel of land zoned CD.
2. Additional Or Increased Development Standards: If in its review of site and building for developments within the CD, the city finds that the protection of natural features warrants performance standards beyond that which would be provided by applicable setback, buffering and related standards, the city may require additional or increased development standards to protect such features.
3. Commercial Buildings: Commercial buildings shall comply with the building design and material requirements of Subsection 10-6-8(A) of this title.
4. Mechanical Equipment: Mechanical equipment (ground mounted and rooftop) shall meet the following requirements:
  1. Rooftop mechanical equipment shall not exceed the building height standards by more than ten feet (10') for a single-story building or fifteen feet (15') for a multiple-story building.
  2. All private ground mounted equipment shall be one hundred percent (100%) screened from view from adjacent properties and the public right of way by enclosures constructed of durable and permanent materials with architectural elements (type, quality, and appearance) similar and compatible to the principal structure.
  3. All rooftop equipment shall be screened from view from across adjacent streets fifteen feet (15') behind the curb or adjacent properties at the property line.
  4. Rooftop equipment shall be one hundred percent (100%) screened by the building parapet, or the equipment shall be grouped behind an enclosure and set back a distance of one and one-half (1 1/2) times its height from any primary facade fronting a public street.
  5. Screens shall be made of durable, permanent materials (not including wood) that are compatible with the primary building materials.
  6. Exterior mechanical equipment, such as ductwork, shall not be located on primary building facades.
5. Private Trash And Recyclables: Private trash and recyclable handling equipment shall meet the requirements of Subsection 10-6-8(B) of this title.
6. Public Trash And Recycling Containers: Public trash and recycling containers subject to Subsection 10-9-21(G) of this title.
7. External Loading Areas: External loading areas shall meet the requirements of Subsection 10-6-8(H) of this title.
8. Outdoor Lighting: Within the conservancy district, all exterior building and parking lot lighting shall comply with Section 10-9-7 of this title.
9. Landscaping: Within any conservancy district, development shall comply with the landscaping regulations of Section 10-9-13 and Subsection 10-9-13(E) of this title.
10. Height: No building or structure shall exceed thirty five feet (35') in height except as approved through a conditional use permit.

Rear Yard

HISTORY
Adopted by Ord. 1648 on 6/12/2026

1648

Burnsville City Zoning Code

CHAPTER 10

8 SPECIAL-OVERLAY DISTRICTS

10-8-1: Environmental Overlay District

General Provisions For All Overlay Districts
1. Purpose And Intent: Overlay districts established by this chapter are created for the purpose of protecting environmentally sensitive areas within designated areas of the city.
2. Scope: These districts shall overlay the established zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the established zoning districts. Land within an overlay district shall be subject to the requirements established in this title, as well as restrictions and requirements established by other applicable ordinances and regulations of the city. Within each adopted overlay district all uses shall be permitted in accordance with the regulations for the underlying zoning district(s); provided, however, that such uses must satisfy the additional requirements established in this title before development will be allowed.
3. Establishment Of Districts: The following overlay districts are hereby established:
  1. Wetlands overlay district.
  2. Soil erosion overlay district.
  3. Restrictive soils overlay district.
  4. Woodland overlay district.
  5. Shoreland overlay district.
  6. Stormwater overlay district.
  7. Drinking water protection overlay district.
4. District Boundaries: This title shall apply to the wetlands, soil erosion, restrictive soils, and shoreland overlay districts which are specifically delineated on the official environment overlay district maps of the city, which are incorporated herein by reference. The drinking water protection overlay district shall apply to the areas of the city, shown on the drinking water protection overlay map adapted from the wellhead protection area in part two of the wellhead protection plan dated June 19, 2013. For purposes of this title the woodland and stormwater management overlay districts shall encompass the entire city.
Legislative Findings And Purpose:
1. Wetlands Overlay District: Wetlands and public waters wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this overlay district to establish a policy of sound stewardship through coordination of regulations, which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands. This overlay district is adopted in part to implement the wetland conservation act of 1991 (Minnesota laws 1991, chapter 354, as amended), and the accompanying rules of the Minnesota board of water and soil resources (Minnesota rules chapter 8420, as amended).
2. Soil Erosion Overlay District: Certain areas within the city contain slopes or unstable soils that can cause ecological impacts, including erosion, runoff, and the resulting siltation and pollution of water bodies and streams. These conditions also pose risks to public safety, such as landslides and mudslides. The purpose of this chapter is to protect public safety by minimizing hazards associated with steep slopes and unstable soils, protect public health by reducing erosion-related impacts to water resources, and promote the general welfare by preserving significant natural slope features and guiding development in a manner that reduces these risks.
3. Restrictive Soils Overlay District: Certain areas within the city contain soil types, slopes, and water conditions that are unsuitable for development without appropriate mitigation measures, and development in these areas, if not properly managed, can increase soil erosion and sedimentation, introduce contaminants into groundwater, contribute to pollution, degrade ecological and natural resources, and require significant public expenditures to correct resulting deficiencies, all to the detriment of the health, safety, and welfare of the citizens of Burnsville; therefore, the purpose of this chapter is to regulate development on restrictive soils in a manner that minimizes the risk of environmental damage and protects private property owners and public entities from incurring substantial maintenance and capital costs associated with such deficiencies.
4. Woodland Overlay District: The preservation of trees and woodlands within the city is essential to the health, safety, and welfare of the community and the broader metropolitan area. Existing and future development can reduce or eliminate wooded areas that, if preserved, provide important ecological, recreational, and aesthetic benefits for current and future residents. The purpose of this chapter is to preserve trees and woodlands on individual sites; protect public safety by reducing wind and water erosion, slope instability, and rapid runoff; promote public health through the absorption of air pollutants, contaminants, and noise and by increasing groundwater recharge; support diverse plant and animal habitats necessary for wildlife; enhance the aesthetic and recreational value of the area; and promote energy conservation by providing shade in the summer and wind protection in the winter.
5. Shoreland Overlay District:
  1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
  2. Policy: The uncontrolled use of shorelands of Burnsville, Minnesota, affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Burnsville, hereinafter referred to as "the city".
  3. Jurisdiction: The shoreland overlay district provisions of this chapter shall apply to the shorelands of the public water bodies as classified in Subsection 10-8-10(B) of this chapter. Pursuant to Minnesota Regulations, Parts 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten (10) acres in size in municipalities 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, be exempt from this chapter.
  4. 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 chapter and other applicable regulations.
6. Stormwater Overlay District: The management of stormwater runoff is essential to the health, safety, and welfare of the city’s residents, as both the quality and quantity of runoff directly affect ecological and physical conditions, including soil erosion, flooding, water pollution, and aquatic life. The purpose of this chapter is to accommodate anticipated development while controlling stormwater runoff and protecting surface and groundwater resources through the implementation of the city’s water resources management plan and applicable performance standards for land-disturbing activities. This chapter is further intended to maintain safe and healthful conditions; prevent and control the adverse effects of stormwater, including soil erosion and water pollution; protect fish, aquatic life, and spawning areas; reduce the risk of exceeding the capacity of drainage systems and receiving waters; limit channel erosion and the transport of sediment; prevent damage to downstream properties; and guide site design, including building placement and impervious surfaces, in a manner that supports sound and sustainable economic growth.
7. Drinking Water Protection Overlay District: The purpose and intent of this overlay district is to:
  1. Acknowledge that certain areas within the city are highly susceptible to drinking water contamination, based on location of wells, surface water supply, and geomorphology;
  2. Provide for land uses that are compatible with the protection of the drinking water supply, while providing performance standards for uses that may put the aquifer at risk;
  3. Provide performance standards for land uses that have the potential to be detrimental to the drinking water supply.
Overlay District Administration:
1. Administration: Except as hereinafter provided, no one may perform any development in a stormwater, woodlands, wetlands, shoreland, soil erosion, drinking water protection or restrictive soils overlay district or obtain a development permit, without first having demonstrated that the proposed activity will meet or exceed the additional performance standards contained in this chapter. Any application for a development permit on land which is covered, in whole or in part, by this chapter shall include a site plan. Other engineering data, such as surveys, soil studies, and other descriptive information, may also be required at the direction of the city. A specific description of the type, amount and location of the development, and a description of the ecological characteristics of the natural features contained on the property, as well as the conservation plan describing actions to be taken to mitigate detrimental effects of development may also be required. When the proposed development includes the construction or alteration of a structure, four (4) sets of plans and one digital plan set shall be submitted with the application.
2. Exceptions:
  1. Emergency Work Necessary To Preserve Life Or Property: A person may commence emergency work necessary to preserve life or property, provided that within ten (10) days following the commencement of that activity, he/she submits a site plan for review along with any other information requested by the city necessary to determine if the performance standards contained in this chapter were met. If upon this review it is determined that all of the performance standards were not met, a plan shall be submitted and implemented (following city approval) to restore the natural resources to meet the intent of the performance standards contained in this title.
  2. Repair; Maintenance: Repair or normal maintenance.
3. Conditional Use: An applicant of a proposed development whose development does not comply to the letter with one or more of the standards in this chapter, but meets the spirit of the standards, may apply to the city council for a conditional use permit, pursuant to Section 10-5-5 of this title. The applicant shall demonstrate that the standards of Section 10-5-5 of this title have been met, and that the proposed development adheres to the purposes of the overlay district standards. The planning commission and city council may attach conditions they deem necessary to protect the overlay district and ensure that the intent and purpose of the overlay district is accomplished.
4. Enforcement: The city manager, or his or her designee, is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional and interim uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subsection 10-8-10(A)1 of this chapter.
5. Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
6. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other provisions of this title inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
7. Definitions: Unless specifically defined in Sections 10-4-2 and 10-8-2 of this chapter, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. For the purpose of this chapter, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally.

Wetlands Overlay District Standards: No development shall be allowed or development permit issued unless the City Council finds that the proposed development complies with the following standards:

State Regulations: The Wetland Conservation Act of 1991 (Minnesota laws, 1991, chapter 354, as amended) and that accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended) are incorporated herein by this reference.
Delineation Of Wetlands: Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable City ordinances and regulations. The standards and requirements set forth in this Chapter shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located.
1. A wetland is land that meets the definition of "wetlands" set forth in this Title. Wetland boundaries and wetland types as established by the Wetland Protection and Management Plan shall be prima facie evidence of the location and type of wetland. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for review supporting the applicant's position. The applicant shall provide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The city shall make a determination of the delineated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a qualified wetland consultant. The applicant may appeal the city's determination of the wetland boundary and type to the city council. Wetland boundaries shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each 300 feet of wetland boundary.
No Net Loss: To achieve no net loss of wetland areas and public values, except as provided under subsection (O) of this section, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands.
Standards: The following standards apply to all land within and abutting a wetland:
1. Septic and soil absorption system must be set back a minimum of 75 feet from a wetland boundary.
2. The lowest ground floor elevation shall be a minimum of 2 feet above the elevation of the wetland.
3. Docks shall be elevated 6 to 8 inches above the water surface.
4. Access across a wetland shall be by means of a boardwalk or dock and only upon approval of a wetland alteration permit.
5. The Minnesota Pollution Control Agency (MPCA) Urban Best Management Practices shall be followed.
6. The standards of the city's Wetland Protection and Management Plan shall be followed.

Wetland Buffer Strips And Setbacks:

A buffer strip shall be maintained abutting all wetlands and public waters wetlands in accordance with the following table:

Wetland Classification	Principal And Accessory Structure Setback (Feet)	Permanent Buffer Strip Average Width (Feet)	Minimum Permanent Buffer Zone Width (Feet)	Percent Native Vegetation
Protection	50	50	30	Entire
Improvement	35	35	25	Entire
Management	25	25	20	Majority
Management II	None	20	20	Majority

Buffer strip vegetation shall be established and maintained in accordance to the following requirements:
1. Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife.
2. The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland and public waters wetland, local topographic conditions, and the type and design of development being proposed.
3. The use of a meandering buffer strip to maintain a natural appearance is encouraged.

Wetland Alteration: An applicant for a permit to alter a wetland shall adhere to the following principles in descending order of priority:
1. Filling must be consistent with the city's Wetland Protection and Management Plan and the Water Resources Management Plan;
2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and
5. Filling in wetland areas must be mitigated in accordance with the requirements of this chapter and the city's Wetland Protection and Management Plan.
  A permit shall not be issued unless the proposed development complies within the mitigation provisions of subsection (K) of this section, as well as the standards, intent, and purpose of this section.
Permit Required: Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland and any land within the minimum permanent buffer zone as shown in Subsection (E) of this section of a delineated wetland boundary requires a permit. Activity in a wetland requiring a permit includes, but is not limited to:
1. Construction of new streets and utilities.
2. Creation of ponds or dams and alterations of the natural drainageways of watercourses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland.
3. Installation of boardwalks.
4. Discharge of stormwater runoff in a manner that impacts the wetland.
Filling: When a permit is issued allowing filling in a wetland, the following standards shall be followed:
1. Filling must be consistent with the Water Resources Management Plan.
2. Filling shall not cause the total natural nutrient stripping capacity of the wetland to be diminished to an extent that is detrimental to any area river, lake, or stream.
3. Only fill free of chemical pollutants and organic wastes may be used.
4. Filling in wetlands will not be permitted during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
5. Filling in wetlands must be mitigated in accordance with the requirements of this chapter.
Dredging/Excavating/Grading: When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed:
1. The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland.
2. It shall be located as to minimize the impact on vegetation.
3. It shall not adversely change water flow.
4. The size of the dredged area shall be limited to the minimum required for the proposed action.
5. Disposal of the dredged material is prohibited within the wetlands , except to create islands that have been approved by the city as part of the mitigation plan.
6. Disposal of any dredged material shall include proper erosion control and nutrient retention measures.
7. Dredging in any wetland is prohibited during waterfowl breeding season or fish spawning season, unless it is demonstrated to the city's satisfaction that the wetland is not used for waterfowl breeding or fish spawning.
8. Dredging in wetlands must be mitigated in accordance with the requirements of this Section if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the city's Wetland Protection and Management Plan and the Water Resources Management Plan.
Stormwater Runoff: When a permit is issued authorizing stormwater runoff to discharge directly into a wetland, the following standard applies: stormwater runoff from a development may be directed to the wetland only if consistent with the city’s Wetland Protection and Management Plan and Water Resources Management Plan, and site design should prioritize sheet flow and other overland drainage methods where feasible.”
Mitigation:
1. Mitigation Intent: Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value.
2. Mitigation Standards: Mitigation of wetlands for function and value should be restored, created, and enhanced to have the following characteristics:
  1. Relatively stable water levels subject to natural fluctuations.
  2. Pretreatment of inflow waters to improve quality.
  3. High level of upland/lowland intermingling.
  4. A ratio of open water to aquatic vegetation between 1:1 and 1:2.
  5. High degree of intermingling of open water and aquatic vegetation.
  6. High level of plant species diversity.
  7. Restoration of native plant species in upland and lowland areas.
  8. Undisturbed upland/lowland edge (i.e., buffer).
  9. Meandered wetland edge.
  10. Irregular bottom contours - mix of shallow and deep water.
  11. Shallow side and bottom slopes - preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability.
3. Mitigation Techniques:
  1. Mitigation shall be performed at a ratio required by state law.
  2. Mitigation shall result in no net loss to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat.
  3. Mitigation shall provide a buffer strip as set forth in this chapter. The buffer strip acreage may be included in the total acreage for mitigation purposes to the extent allowed pursuant to Minnesota Rules 8420.0540.
  4. Mitigation shall maintain or enhance the wetland hydrological balance through the following:
    1. Restoration of drained or partially drained wetlands.
    2. Restoration of degraded wetlands.
    3. Creation of new wetlands.
  5. If stormwater is channeled into a wetland, mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality.
  6. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity, provide visual variety, and provide nesting and food for wildlife.
  7. Wetland mitigation should be undertaken on site. If this is not feasible as demonstrated to the city, mitigation should occur in accordance with the requirements of the wetland Conservation Act.
4. Construction Management And Long Term Wetland Maintenance:
  1. The permit holder shall follow the Minnesota Pollution Control Agency Urban Best Management Practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat.
  2. The permit holder shall conduct a monitoring program in accordance with the requirements of the Wetland Conservation Act. A letter of credit or cash security in the amount of the estimated construction costs of the mitigation plan from the permit holder shall be held to ensure compliance. The letter of credit shall be in the form approved by the city and shall be from a Federal Deposit Insurance Corporation (FDIC) insured local bank. The letter of credit or cash security may be reduced to twenty five percent (25%) if the city approves the mitigation construction and the permit holder provides the city with as built plans showing compliance with the approved mitigation plans. At the end of the monitoring period, the city will release the last 25 percent of the letter of credit or cash security if the permit holder demonstrates compliance with the designed wetland as built plans.
    Where feasible, the city shall require the permit holder to satisfy long term management requirements.
Application And Issuance Of Permit:
1. The applicant for a permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and an assessment of the functions and value of the impacted wetland Minnesota Routine Assessment Methodology (MnRAM) assessment) for the review of a wetland alteration permit application. The Public Works Director or designee shall use discretion regarding the level and complexity of information required to review the request. A wetland alteration permit shall not be issued without having been first reviewed by City staff and approved by the City Council following requirements and time schedules of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that the proposed use or activity complies with the purpose, intent, and other provisions of this chapter. The city council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this Chapter. Such conditions may, among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; state the work over time; require the alteration of the site design to ensure buffering; and require the provision of a performance security.
2. The Public Works Director or designee shall serve on the Technical Evaluation Panel (TEP). Decisions under this section must not be made until after receiving the determination of the TEP regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the TEP asks for such determinations. This requirement does not apply to wetlands for which such data is included in an approved Comprehensive Wetland Protection and Management Plan per Minnesota Rules 8420.0650. The city council may seek and consider recommendations, if any, made by the TEP in making replacement plan decisions
3. Decisions made under this section concerning implementation of the Wetland Conservation Act may be appealed to the Board of Water and Soil Resources under Minnesota Rules 8420.0250.
4. The application for a permit under this chapter shall be accompanied by a permit fee to be determined by the city council.
Inspection Of Work: The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work.
Expiration And Renewal Of Permit:
1. Unless other time periods are specified by the City Council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one year after the date the city council approves the permit application.
2. The permittee shall provide written notice to the City 24 hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion.
3. If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The city council may renew a void permit at its discretion. If the city council does not renew the permit, the holder of the void permit may make original application for a new permit.
4. The permittee may make written application to the city council for an extension of the time to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension.
Exemptions: Activities exempted by Minnesota Rules 8420.0122 shall be exempted from the provisions of this Chapter. However, Certificates of Exemption must be obtained from the city prior to starting work. Applications for Certificates of Exemption will be reviewed and approved by the Public Works Director or designee. Applications that are denied may be appealed by the applicant to the city council.

Soil Erosion Overlay District Standards: No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following standards:
1. No development shall be permitted on severe slopes of forty percent (40%) or more without an approved conditional use permit pursuant to Subsection 10-8-4(C) of this chapter.
2. During construction and until such time as final control measures are fully implemented and established, adequate development practices will be maintained to ensure that gross soil losses (expressed in terms of tons per acre per year) shall not exceed five (5) tons per acre per year during construction or two (2) tons per acre per year during construction when the site is adjacent to a water body or watercourses; and one-half (1/2) ton per acre per year after the construction activities are completed. This shall be determined by using the "U.S. Natural Resources Conservation Service Technical Guide" or another commonly accepted soil erosion methodology approved by the city.
3. The development shall comply with the requirements in section 10-8-8 of this chapter.
4. A forty foot (40') building setback shall be maintained along the Minnesota River bluffs. The "bluff line" is defined as the point at which the slope gradient exceeds forty percent (40%).
Restrictive Soils Overlay District Standards:
1. No development shall be allowed or development permit issued unless the city council finds that the proposed development complies with the following requirements:
  1. No on site sewage disposal system shall be permitted on poorly drained soils, shallow soils, soils with low permeability, or soils with rapid permeability unless the permit applicant proves that a conventional soil system will be successfully modified, installed and maintained, such that the restrictive conditions will be overcome.
  2. No residential development shall be permitted on poorly drained soils, somewhat poorly drained soils, very shallow soils, soils with high shrink-swell or high frost action potential, or very steep or steep slopes unless the applicant proves construction techniques capable of overcoming the restrictive condition will be used.
  3. Industrial uses requiring the bulk storage of chemicals will not be allowed on wet or very wet soils, very shallow soils, or soils with very rapid or rapid permeability areas.
  4. No solid waste or hazardous waste disposal shall be permitted in soils with very rapid or rapid permeability or soils over fractured carbonate bedrock.
2. The certification of plans and specifications as adequate to overcome the restrictive condition by a professional engineer, registered in the state of Minnesota, and experienced and knowledgeable in soils and soils mechanics, shall be acceptable as evidence with regard to the city's and the applicant's meeting of requirements in subsections (A)1 and (A)2 of this section.
Controlling Erosion And Sediment From Land Disturbing Activities: No disturbance shall be allowed or permit issued for any activity that involves the following disturbance until the City Engineer finds that the activity complies with the City’s Development Design Standards as part of the Water Resources Management Plan adopted by the City Council in 2002 and any future amendments:
1. Disturbance involving 50 or more cubic yards of earthwork or greater than or equal to 1 acre of surface area.
2. Disturbance within a Lower Minnesota River Watershed District High Value Resource Area or Lower Minnesota River Watershed District Steep Slopes Overlay District involving 50 or more cubic yards of earthwork or greater than or equal to 5,000 square feet of surface area.
Woodland Protection Standards: No development shall be allowed or development permit issued within the city of Burnsville until the council finds that the development will comply with the following:
1. Woodland Preservation: To the extent possible, woodlands shall be preserved by locating structures in existing clearings and by the use of other innovation design techniques.
2. Undeveloped Land: No coniferous trees six feet (6') or taller or deciduous trees four inches (4") or greater in diameter as measured at four and one-half feet (4 1/2') above the ground shall be removed from undeveloped property without a tree removal permit, or as part of a city approved development of the property. A woodland evaluation worksheet is required on all new development projects. Any trees removed prior to development, through a tree removal permit, shall be included in future woodland removal calculations. For purposes of calculating woodland values, trees in existence as of November 15, 1982 (date of original woodland ordinance), shall be included. While development shall retain the maximum amount of woodland possible, it is recognized that a certain amount of woodland removal is an inevitable consequence of the urban development process. The threshold of clearing for each zoning district, beyond which reforestation shall be required, is as follows:
  Zoning District
  Woodland Removal Threshold
  CD, P
  20 percent
  CRD
  30 percent
  R-1, R-1A
  40 percent
  R-2, R-3A, R-3B, R-3D
  50 percent
  B-1, B-2
  50 percent
  B-3, B-4, MIX
  60 percent
  I-1, I-2, I-3, GIM, GMH
  60 percent
3. Applies only to deciduous trees 4 inches or greater in diameter at 4.5 feet above the ground and coniferous trees 6 feet or taller.
4. Developed Land: Property owners may remove trees (unless restricted by a CUP or PUD or other development agreement) under the following circumstances:
  1. In all zoning districts, any deciduous trees less than four inches (4") in diameter, at four and one-half feet (4 1/2') above the ground, and any dying or dead trees. No permit is required.
  2. On residential lots under two (2) acres, any tree. No permit is required.
  3. On residential lots of two (2) or more acres, and all other zoning districts, up to the tree removal threshold identified in subsection (B) of this section. Removal of trees requires a tree removal permit and reforestation for trees removed beyond the identified thresholds.
5. Preservation Of Trees: Trees, which are committed to preservation through permit or agreement, shall be surveyed by the developer or landowner. A replacement value for each tree will be determined by the city using the city's shade tree evaluation method. Letter of credit for the value of trees which are to be preserved beyond the removal threshold under this chapter shall be at the rate of one and one-half (1 1/2) times the determined valuation. The city's standard letter of credit form shall be used. The letter(s) of credit will be released when the following conditions are met:
  1. Eighteen (18) months have passed from the end of construction (determined by the issuance of a certificate of occupancy) in the area for which the letter(s) of credit were collected.
  2. An inspection by city staff has verified that the trees which were to be preserved are in good condition.
    Exceptions to the above will be considered if unique circumstances exist. Exceptions must be reviewed and approved by both the city forester and planning staff.
6. Additional Tree Removal: The city may permit additional tree removal by requiring reforestation in adjacent areas such as yard setbacks, outlots, or park lands. A tree removal permit to exceed the identified removal threshold will only be issued after review by the city forester and planning staff to ensure that the best available layout has been used to preserve significant trees and woodland areas. Reforestation shall occur in an amount equal to 1.5 times the value of the trees removed beyond the tree removal threshold. The value of the trees removed shall be determined by the shade tree evaluation method. Reforestation plans shall not include the use of any of the tree species which are currently on the city's list of "species which do not meet reforestation requirements". No more than twenty five percent (25%) of the reforestation plan shall consist of any one species, including shrubs provided on any related landscape plan.
7. Detrimental Activity Prohibited: Grading, contouring, paving, compaction of soils, or any excavation or trenching shall not occur within the drip line of tree preservation areas. Such activity has a detrimental effect on the aeration and permeability of the soils and causes permanent damage to the primary root zone of trees.
8. Measures: Measures shall be taken to protect and preserve the woodlands as described in the city's "Practical Guide To Preventing Construction Damage To Trees".
9. Damaged Trees: Notwithstanding the above, the removal of dead or dying trees seriously damaged by storm, other acts of nature, or disease is not prohibited. Trees removed due to acts of nature do not require reforestation.
10. Construction Sites: No movement and placement of equipment or materials storage shall be permitted outside the building activity area or in the tree preservation area. All buildings and driveways shall be located to avoid tree damage consistent with minimum building setback requirements of the zoning ordinance. The tree preservation area shall be temporarily fenced (with highly visible 4 foot high fencing) by the developer during all construction so that all trees in the tree preservation area shall be preserved. The city manager or designee shall have the authority to stop construction on the site until adequate barriers have been constructed. If a barrier is constructed on the site and is not adequately maintained in a manner which protects the tree preservation area, the city manager or designee shall have the authority to stop construction until the barrier is repaired.
11. Permits: Permits authorizing removal of trees may be issued by the city manager or designee in circumstances when the issuance of such a permit is found to be consistent with the purpose of this section. In all cases of permit application, the city manager or designee shall use reasonable interpretations of the circumstances in determining whether or not the permit should be issued.
12. Tree Contractor License Required: Tree contractors shall obtain a license as required by Title 3, Chapter 29 of this code.
13. Appeals: The property owner may appeal to the planning commission and city council any decision made by the city manager or other city official under the provisions of this section within thirty (30) days of the decision being rendered.

Shoreland Overlay District

Administration:
1. Permits Required:
  1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Subsection (C)3 of this section. Application for a permit shall be made to the city manager, or his or her designee, on the forms provided. The application shall include the necessary information so that the city manager, or his or her designee, can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
  2. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Subsection (C)8 of this section, shall be either brought into compliance or eliminated according to the provisions of title 7, chapter 11 of this code.
2. Certificate Of Zoning Compliance: The city manager, or his or her designee, shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Subsection (A)1 of this section. This certificate shall specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in Subsection 10-8-1(D) of this chapter.
3. Variances:
  1. Variances may only be granted in accordance with Minnesota Statutes 462 and Section 10-2 of this title as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
  2. In order to preserve water quality, the city will require a natural vegetated buffer strip on riparian lots as a mitigation measure with any variances granted. This includes variances to the OHWL setback, other setbacks and yard requirements, impervious surface, etc. The buffer strip must run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
  3. The city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (A)4b of this section shall also include the city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
  4. For existing developments, the application for a variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require that a nonconforming sewage treatment system be either brought into compliance or eliminated according to the provisions of chapter 11 of this title. (Ord. 884, 6-2-2003)
4. Notifications To The Department Of Natural Resources:
  1. Copies of all notices of any public hearings and reviews to consider variances, amendments, or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
  2. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional and interim uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action.

Shoreland Classification System And Land Use Districts:

The shoreland area for the water bodies listed in subsections (B)1b and (B)1c of this section shall be as defined in Section 10-8-1 (B) of this chapter and as shown on the official zoning map. The shorelands of the city are hereby designated as shoreland overlay district.

Lakes:

MnDNR ID No.	MnDNR Classification	Name
19-0021	Recreational Development (RD)	Alimagnet
19-0024	Natural environment (NE)	Wood Park
19-0025	Natural environment (NE)	Keller
19-0027	Recreational Development (RD)	Crystal
19-0028	Natural environment (NE)	Twin
19-0032	Natural environment (NE)	Horshoe
19-0033	Natural environment (NE)	Earley
19-0083	General development (GD)	Black Dog

Note: Sunset Lake does not have a DNR designation. It is not required to be regulated by the MnDNR.

Rivers:

Name	Classification	Location
Minnesota River	Transition	35W Bridge to Savage
Minnesota River	Transition	35W Bridge to Eagan
Unnamed Black Dog Lake	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Basin 83
One Mile Creek	Tributary	From: Sect. 24, Twp. 27, RNG. 24W To: Sect. 24, Twp. 17, RNG. 24W
Unnamed Tributary	Tributary	From: Sect. 26, Twp. 27, RNG. 24W To: Basin 110

Land Use District Descriptions:
1. Criteria For Designation: The land use districts in section 10-6-1 of this title, and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives:
  1. Preservation of natural areas;
  2. Present ownership and development of shoreland areas;
  3. Shoreland soil types and their engineering capabilities;
  4. Topographic characteristics;
  5. Vegetative cover;
  6. In water physical characteristics, values, and constraints;
  7. Recreational use of the surface water;
  8. Road and service center accessibility;
  9. Socioeconomic development needs and plans as they involve water and related land resources;
  10. The land requirements of industry which, by its nature, requires location in shoreland areas; and
  11. The necessity to preserve and restore certain areas having significant historical or ecological value.
2. Land Use District Descriptions: The land use districts provided in Section 10-6-1 of this title, and the allowable land uses therein for the given classifications of water bodies, shall be properly delineated on the official zoning map for the shorelands of the city. These land use districts are in conformance with the criteria specified in Minnesota Regulations Part 6120.3200, subp. 3.

Zoning And Water Supply/Sanitary Provisions:

Lake Standards:

Lot Area (Square Feet)	NE	RD	GD
Lots with Shoreline
Single	40,000	20,000	15,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	70,000	35,000	26,000
Triplex	100,000	50,000	38,000
Quad	130,000	65,000	49,000
All Others
Single	20,000	15,000	10,000
Single - Unsewered	2 acres	2 acres	2 acres
Duplex	35,000	26,000	17,500
Triplex	52,000	38,000	25,000
Quad	65,000	49,000	32,500

Lot Width (Feet)	NE	RD	GD
Lots with Shoreline
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	225	135	135
Triplex	325	195	195
Quad	425	255	255
All Others
Single	125	80	80
Single - Unsewered	200	200	200
Duplex	220	135	135
Triplex	315	190	190
Quad	410	245	245
Principal and accessory structure setback from OHWL	150¹	75	50
Total impervious surface area	25%	25%	25%
Total building height (feet)	35	35	35

Note: ¹Earley Lake and Keller Lake shall remain at 100 feet from OHWL.
River/Stream Lot Width Standards: There are no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the river/stream classifications are:

Transition
Tributary
Single
250
100
Duplex
375
150
Triplex
500
200
Quad
625
250
Special Provisions:
1. Only land above the ordinary high water level of public waters can be used to meet lot area standards. The lot width is the horizontal distance between the side lot lines, measured on a straight line that is as perpendicular to the side lot lines as possible, and that is parallel with the front lot line, as defined in section 10-3 of this title. The width standard must be met at both the ordinary high water level and at the building line. For lots with irregular front lot lines and/or shorelines, the width shall be measured on a straight line that is as perpendicular to the side lot lines as possible, and that is no closer to the front lot line and/or the shoreline than any portion of the building line and/or the ordinary high water level, respectively. The sewer lot area dimensions in subsection (C)1a of this section can only be used if publicly owned sewer system service is available to the property.
2. Subdivisions of duplexes, triplexes, and quads on natural environment (NE) lakes must also meet the following standards:
  1. Each building must be set back at least two hundred feet (200') from the ordinary high water level;
  2. Each building must have public sanitary sewer and water service;
  3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
  4. No more than twenty five percent (25%) of a lake's shoreline can be in duplex, triplex, or quad developments.
3. Mooring facilities for seven (7) or more watercraft are prohibited on all lakes. Marinas are only permitted along rivers as regulated by the underlying zoning district.

Structure And On Site Sewage System Setbacks (In Feet) From Ordinary High Water Level1: Setbacks are measured from the closest point of the OHWL to the closest point of the structure.

	Structure Unsewered	Sewered	Sewage Treatment System
Lakes
Natural environment (NE)	150	150	150
Recreational development (RD)	100	75	75
General development (GD)	75	50	50
Rivers
Transition	150	150	100
Tributary and urban	100	50	75

Note: Water oriented accessory structure designed in accordance with subsection (C)2 of this section may be set back a minimum distance of 20 feet from the ordinary high water level.

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

Setback From	Setback (Feet)
Top of Bluff	30
Unplatted Cemetrery	50
Right -of-way Line of Federal, State, or County Highway	50
Right-of-way Line of Town Road, Public Street, or Other Roads or Streets Not Classified	30

Bluff Impact Zones: Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
Uses Without Water Oriented Needs: Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.

Design Criteria For Structures:
1. High Water Elevations: Structures must be placed in accordance with floodplain and the Burnsville water resources management plan (WRMP) regulations applicable to the site.
2. Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure and one open play structure such as a swing set or slide, but not a swimming pool or sport court not meeting the normal structure setback in Subsection (C)1a of this section if this water oriented accessory structure complies with the following provisions:
  1. The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than one hundred twenty (120) square feet. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
  2. The setback of the structure or facility from the ordinary high water level must be at least twenty feet (20') and the setback from the side lot line shall be at least ten feet (10');
  3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
  4. Detached decks must not exceed eight feet (8') above grade at any point as measured to the floor of the deck; and
  5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
3. Stairways, Lifts, And Landings: Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
  1. Stairways and lifts must not exceed four feet (4') in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties;
  2. Landings for stairways and lifts on residential lots must not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for commercial properties and public open space recreational properties;
  3. Canopies or roofs are not allowed on stairways, lifts, or landings;
  4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
  5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
  6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsection (C)2c(1) - (5) of this Section are complied with in addition to the requirements of Minnesota Regulations chapter 1340.
4. Significant Historic Sites: No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
5. Steep Slopes: The City Manager, or his or her 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 waters, assuming summer, leaf-on conditions.
6. Height Of Structures: All structures in residential districts, except churches, must not exceed thirty five feet (35') in height.
Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation Alterations:
  1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection 10-8-10(C)4 of this Section are exempt from the vegetation alteration standards that follow.
  2. Removal or alteration of vegetation is allowed subject to the following standards:
    1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as an interim use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
    2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
      1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
      2. Along rivers, existing shading of water surfaces is preserved; and
      3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
2. Topographic Alterations/Grading And Filling:
  1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
  2. Public roads and parking areas are regulated by Section 10-8-10 of this Section.
  3. Notwithstanding subsection (C)3b(1) and (2) of this Section, a grading and filling permit shall be required for:
    1. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
    2. The movement of more than ninety (90) cubic yards of material outside of steep slopes and shore and bluff impact zones.
  4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional and interim use permits, variances and subdivision approvals:
    1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, State, or Federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall be so advised:
      1. Sediment and pollutant trapping and retention;
      2. Storage of surface runoff to prevent or reduce flood damage;
      3. Fish and wildlife habitat;
      4. Recreational use;
      5. Shoreline or bank stabilization; and
      6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
    2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
    3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
    4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
    5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
    6. Fill or excavated material must not be placed in a manner that creates an unstable slope;
    7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;
    8. Fill or excavated material must not be placed in bluff impact zones;
    9. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.245;
    10. Alterations of topography must only be allowed if they are accessory to permitted, conditional, or interim uses and do not adversely affect adjacent or nearby properties; and
    11. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').
  5. Connections To Public Waters: Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
Placement And Design Of Roads, Driveways, And Parking Areas:
1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical material.
2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of subsection (C)3b of this section must be met.

Stormwater Management:

General Standards: Land development shall comply with the water resources management plan as regulated in Section 10-8-11 of this chapter.

Impervious surface coverage limits shall apply to all riparian lots and nonriparian lots where fifty percent (50%) or more of the lot area lies within the shoreland overlay district. If a lot is subject to the impervious surface coverage limits, the entire lot must comply with the limits.

Zoning District	Permitted Maximum Impervious Surface With Mitigation	Conditional Use Permit Required: Maximum Impervious Surface With Mitigation
R-1, R-1A and R-2	30 percent	N/A
R-3A, R-3B and R-3D	30 percent	50 percent
B-1, B-2, B-3, B-4	30 percent	75 percent
I-1, I-2, I-3, GIM, and GMH	30 percent	75 percent

Special Provisions For Commercial, Industrial, Public/Semipublic, And Extractive Uses And Mining Of Metallic Minerals And Peat:
1. Standards For Commercial, Industrial, Public, And Semipublic Uses:
  1. Surface water oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water oriented needs must meet the following standards:
    1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
    2. Uses that require short term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and
    3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
      1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;
      2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information, and to comply with the requirements of chapter 30 of this title. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet (10') above the ground, and must not exceed thirty two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and
      3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. All outside lighting must comply with section 10-7-36 of this title. This does not preclude use of navigational lights.
  2. Uses without water oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public water 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.
2. Extractive Use Standards:
  1. Site Development And Restoration Plan: An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.
  2. Setbacks For Processing Machinery: Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
3. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota Statutes, Sections 93.44 to 93.51, may be allowed as an interim use provided the provisions of Minnesota Statutes, Sections 93.44 to 93.51, and Chapter 9 of this title are satisfied.
Conditional And Interim Uses: Conditional and interim uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional and interim uses established in Section 10-2 of this title. The following additional evaluation criteria and conditions apply within shoreland areas:
1. Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site must be made to ensure:
  1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
  2. The visibility of structures and other facilities as viewed from public waters is limited;
  3. The site is served by public water and sanitary sewer service; and
  4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
2. Conditions Attached To Conditional And Interim Use Permits: The city council, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
  1. Increased setbacks from the ordinary high water level;
  2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
  3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas; and
  4. Buffer strips on riparian lots that run parallel to and extend landward from the OHWL, with an average width of no less than twenty feet (20'). The buffer strip must be planted with native vegetation as approved by the city, and must not be mowed, cut or fertilized. A pervious twenty foot (20') wide, or twenty percent (20%) of the lot width at the shoreline (whichever is less) walkway or path may be established across the width of the buffer strip to allow access to a beach, dock or other amenity. If a beach is established landward of the OHWL, the buffer strip can be moved further landward to accommodate it.
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 Minnesota department of health and the Minnesota pollution control agency.
2. Sewage Treatment: Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:
  1. Publicly owned sewer systems must be used where available.
  2. All private sewage treatment systems must meet or exceed the provisions of Chapter 11 of this title and the Minnesota pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards", Chapter 7080, a copy of which is hereby adopted by reference and declared to be a part of this chapter.
  3. On site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Subsection (C)1d of this section.
  4. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the following evaluation criteria. 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. Evaluation Criteria: 1. Depth to the highest known or calculated ground water table or bedrock; 2. Soil conditions, properties, and permeability; 3. Slope; and 4. The existence of lowlands, local surface depressions, and rock outcrops.
  5. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsection (D)10 of this section.

Nonconformities: Within shoreland areas, all legally established nonconformities as of May 20, 1996, may continue, but they shall be managed according to applicable state statutes and Section 10-9-16 of this title. The use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas shall also be subject to the following:
1. Destruction Of Nonconforming Structure: When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
2. Nonconforming Lot Allowed As A Building Site Without Variance: A nonconforming single lot of record located within a shoreland district may be allowed as a building site without variance from lot size requirements, provided that:
  1. All structure and septic system setback distance requirements can be met;
  2. A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to a public sewer;
  3. The impervious surface coverage does not exceed the impervious surface coverage identified in Subsection (C)5 of this section; and
  4. The use is permitted in the underlying zoning district.
3. Shoreland Districts Not Surrounding Recreational Development Lakes: For all shoreland districts except said districts surrounding recreational development lakes, if in a group of two (2) or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
  1. The lot must be at least sixty six percent (66%) of the dimensional standards for the lot width and lot size for the shoreland classification consistent with Subsection (C) of this section;
  2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080 and city controls;
  3. The impervious surface coverage must not exceed twenty five percent (25%) of each lot; and
  4. Development of the lot must be consistent with the comprehensive plan.
4. Contiguous Lots Under Same Ownership Within Shoreland Area Of Recreational Development Lakes: Contiguous lots under the same ownership as of January 1, 2004, within the shoreland area of recreational development lakes may be considered as separate parcels of land for the purposes of sale or development if they meet all of the following criteria:
  1. The average lot area, as measured above the OHWL, of the contiguous lots meets or exceeds twelve thousand (12,000) square feet.
  2. Each lot is at least seventy five feet (75') wide as measured at the OHWL and building setback line.
  3. Impervious surface coverage of the lots does not exceed twenty five percent (25%) or thirty percent (30%) with mitigation through the means of a twenty foot (20') buffer of native vegetation along shore.
  4. No principal structures are located within the shore impact zone.
5. Combination Of Lots Not Subject To Subsection (D)3 Of This Section: A lot subject to subsection (D)3 of this section not meeting the requirements of subsection (D)3 of this section must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible.
6. Sale Of Contiguous Nonconforming Lots With Habitable Residential Dwellings: Notwithstanding subsection (D)3 of this section, contiguous nonconforming lots of record in shoreland districts under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota Statutes, Section 115.55 and Minnesota Rules, Chapter 7080 (subsurface sewage treatment systems), or connected to a public sewer.
7. Requirements Of Property Owner: In evaluating all variances, zoning and building permit applications, or conditional use requests, the property owner shall be required to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.
8. Separation Of Portion Of Conforming Lot: A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district of a new lot and the newly created parcel is combined with an adjacent parcel.
9. Additions/Expansions To Nonconforming Structures:
  1. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of subsection (C) of this section. Any deviation from these requirements must be authorized by a variance pursuant to Subsection (A)3 of this section and Section 10-2-3 of this title.
  2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
    1. The structure existed on the date the structure setbacks were established;
    2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
    3. The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
    4. The deck is constructed primarily of wood, and is not roofed or screened.
10. Nonconforming Sewage Treatment Systems:
  1. A sewage treatment system not meeting the requirements of Subsection (C)8 of this section shall be considered to be nonconforming and must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
  2. The city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city of Burnsville will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems that do not meet the requirements of subsection (C)8 of this section and the requirements of Chapter 11 of this title shall be considered to be nonconforming. Systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota pollution control agency's chapter 7080 for design of on site sewage treatment systems, shall also be considered nonconforming.
Subdivision/Platting Provisions:
1. Land Suitability: Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.
2. Consistency With Other Controls: Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Subsections (C)1 and (C)8 of this section can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Subsection (C)1 of this section, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two (2) standard soil treatment systems. Lots that would require use of holding tanks must not be approved.
3. Information Requirements: Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. The information shall include at least the following:
  1. Topographic contours at ten foot (10') intervals or less from United States geological survey maps or more accurate sources, showing limiting site characteristics;
  2. The surface water features required in Minnesota Statutes, Section 505.02, subdivision 1, to be shown on plats, obtained from United States geological survey quadrangle topographic maps or more accurate sources;
  3. Adequate soils information to determine suitability for building and on site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;
  4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;
  5. Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
  6. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.
4. Dedications: When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.
5. Platting: All subdivisions that create five (5) or more lots or parcels that are two and one-half (2 1/2) acres or less in size shall be processed as a plat in accordance with Minnesota statutes chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after this ordinance was adopted unless the lot was approved as part of a formal subdivision.

Stormwater Management Overlay District Standards; No development may occur and no development permit may be issued within the City of Burnsville unless the City Engineer determines that the proposed development complies with the following: the development is consistent with the Water Resources Management Plan adopted by the City Council in 2002, as amended, including applicable goals, policies, and design standards, as determined by the City Engineer; and all required storm sewer assessment fees are paid in accordance with the fee schedule adopted by the City Council prior to commencement of development.
Drinking Water Protection Overlay District: No development shall be allowed or development permit issued unless the council finds that the proposed development complies with the following standards:
1. Scope: The drinking water protection overlay district shall apply to all lands within the jurisdiction of the city of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the drinking water protection overlay map adapted from the wellhead protection area identified in part two of the wellhead protection plan dated June 19, 2013, and analysis of the capture zone for the Kraemer Quarry.
2. Official Zoning Map: The official zoning map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include all of the documents and maps referenced in subsection 10-8-3(B) of this title and the drinking water protection overlay map referenced in subsection (A) of this section. The official zoning map shall be kept on file in the community development department.
3. Land Uses: All land uses shall be permitted, accessory, interim or conditional to the extent that they are allowed in the base zoning district.
4. 4. Compliance Required: The provisions of this section shall apply for any activity requiring any development application or building permit, at the time there is a change in use or occupancy, and all activities that result in disturbance of one-half (1/2) acre or more or the addition of five thousand (5,000) square feet of impervious surface.
5. Exceptions: The provisions of this section shall not apply to the application of a building permit for interior work, remodeling, tenant finishes, replacement of siding, windows and openings, heating/ventilation, air conditioning (HVAC) equipment, or roofing or signs.
6. Performance Standards: No development shall be allowed or development permit issued until the owner and/or tenant demonstrates to the satisfaction of the city engineer, or designee, that the proposed site, use, operation or development meets the following performance standards:
  1. All parking areas and outside storage areas shall be paved with asphalt or concrete, with appropriate stormwater management systems, as deemed necessary by the city engineer;
  2. All floor drains shall be connected to the sanitary sewer system, with the addition of a flammable waste trap, and where allowed by Minnesota State Building Code (MSBC) and/or Minnesota State Fire Code (MSFC);
  3. Structures and/or mechanisms for containment or grit traps are used for contaminant spillage;
  4. All vehicle and equipment washing or pressure washing/steam washing shall be conducted on a designated wash pad that is connected to the sanitary sewer system;
  5. A grading and drainage plan is submitted and approved by city engineer that directs site runoff into the stormwater management system and/or directs stormwater runoff away from natural water bodies, wetlands, floodplains, and reservoirs;
  6. Stormwater catchment basins shall be lined;
  7. Evidence shall be provided of required state and/or federal permits for regulated substances, if applicable.
7. Procedures For Review And Approval: All projects requiring review in the drinking water protection overlay district, per subsection (D) of this section will be subject to review by the city engineer to determine compliance with the performance standards of Subsection (F) of this section.
8. Protection Of Drinking Water Supply: Section 7-2-24 of this code shall also apply to all sites, operations and uses in the drinking water protection overlay district.
Other General Conditions: Any permit required in this chapter may be issued subject to compliance with reasonable conditions which are specifically set forth in the permit and are necessary to ensure compliance with the requirements contained in this title. Such conditions may, in addition to other conditions, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, require alteration of the site design to ensure buffering, require the provision of a cash security or letter of credit, or require the conveyance to the city or another public entity of certain lands or interest therein. The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purposes of this chapter by expressed conditions contained in the permit.
Time Of Permit; Extensions; Renewals
1. Compliance: The city, its agents, employees, and officers may inspect the work authorized under any permit required in this chapter, including periodic and final inspections, to determine compliance with the requirements and conditions of the permit and this chapter.
2. Notice Of Completion: A permittee shall notify the city manager or designee in writing when they have finished the work. No work shall be deemed to have been completed until approved in writing by the city manager or designee following such written notification.
3. Inspection: The city manager may cause inspections of the work to be made periodically during the course thereof by himself or a member of the engineering staff and shall cause a final inspection to be made following the completion of the work. The permittee shall assist the director in making inspections.
Responsibility; Effect
1. Responsibility: Neither the issuance of a permit nor compliance with the conditions thereof, nor compliance with the provisions of this title shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this title shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance.
2. Intercommunity Review: Where any proposed development or action abuts an adjacent municipality, that municipality shall be notified of the proposed development or action and given the opportunity to review and comment on the proposal. Such notification shall be mailed to the city clerk of the abutting municipality.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-2: Floodplain Regulations

Statutory Authorization, Findings Of Fact And Purpose:
1. Statutory Authorization: The Legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and Section 462.357 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore the City Council of the City of Burnsville, Minnesota, does ordain as follows.
2. Findings Of Fact:
  1. Flood Hazard Areas: The flood hazard areas of the City of Burnsville 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
  2. Methods Used To Analyze Flood Hazards: This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
  3. National Flood Insurance Program Compliance: This chapter is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the national flood insurance program.
3. Statement Of Purpose: The purpose of this chapter is to promote the public health, safety and general welfare and to minimize those losses described in Subsection (B)1 of this section by provisions contained herein.
General Provisions:
1. Land To Which Chapter Applies: This chapter shall apply to all lands within the jurisdiction of the City of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, and general floodplain districts.
2. Official Zoning Map and Incorporated Flood Hazard Data: The official zoning map, together with all maps, studies, and other materials referenced in this chapter, is adopted and incorporated by reference as part of this chapter and has the same force and effect as if fully set forth in this chapter.
  The incorporated materials include the following Federal Emergency Management Agency (FEMA) flood hazard data for Dakota County, Minnesota, and Incorporated Areas:
  1. Letter of Map Revision (LOMR), Case No. 23-05-1985P, dated September 2, 2025 including all supporting technical data, maps, tables, and flood profiles;
  2. Flood Insurance Study (FIS) for Dakota County, Minnesota, and Incorporated Areas, Volumes 1, 2, and 3, dated March 16, 2016; and
  3. Flood Insurance Rate Map (FIRM) panels numbered 27037C0060E, 27037C0065E, 27037C0070E, 27037C0080E, 27037C0090E, 27037C0177E, 27037C0179E, 27037C0181E, 27037C0182E, 27037C0183E, 27037C0184E, 27037C0201E, and 27037C0203E, dated December 2, 2011.
    These materials are prepared by the Federal Emergency Management Agency (FEMA) and are incorporated herein for the purposes of floodplain regulation and administration under the National Flood Insurance Program (NFIP).
    The official zoning map and incorporated FEMA materials shall be maintained on file and available for public inspection in the Community Development Department.
3. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increase in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
4. Interpretation:
  1. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
  2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning 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 city planner, the city council shall make the necessary interpretation. All decisions will be based on elevation 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 (March 29, 1974) showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.
5. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Warning And Disclaimer Of Liability: This chapter 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 chapter shall not create liability on the part of the city of Burnsville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
7. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
Floodplain Zoning Districts
1. Districts:
  1. Floodway District (FW): The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in Subsection 10-8-3-2(2) of this chapter. For lakes, wetlands and other basins, the floodway district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in subsection 10-8-3-2(2) of this chapter that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  2. Flood Fringe District (FF): The flood fringe district shall include those areas designated as floodway fringe, which shall include the areas shown on the flood insurance rate map, adopted in Subsection 10-8-3-2(2) of this chapter as being within zone AE but being located outside of the floodway. For lakes, wetlands and other basins, the flood fringe district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in Subsection 10-10-2(B) of this chapter that are below the one percent (1%) chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subd. 14.
  3. General Floodplain District (GFP): The general floodplain district shall include those areas on the Credit River Tributary designated as zone AE (without a floodway designated) on the flood insurance rate map adopted in Subsection 10-10-2(B) of this chapter, which are not subject to criteria in Subsections (A)1 and (A)2 of this section.
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, flood fringe, and general floodplain districts, all uses not listed as permitted uses or conditional uses, or interim uses in Sections 10-8-3, 10-8-3, and 10-8-3 of this chapter that follow respectively, shall be prohibited. In addition, a caution is provided here that:
  1. New manufactured homes, replacement manufactured homes and recreational vehicles defined in subsection 10-8-3-(H) of this chapter are subject to the general provisions of this chapter and specifically Section 10-8-3 of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code. Manufactured homes are also subject to Chapter 18, "R-3D Manufactured Housing District", of this title.
  2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically section 10-8-3of this chapter.
  3. As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing 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 Section 10-8-3 of this chapter.
Floodway District (FW):
1. Permitted Uses: The following uses shall be permitted uses within the floodway district to the extent that they are allowed in the base zoning district.
  1. Agricultural uses:
    1. Forestry.
    2. General farming.
    3. Grazing.
    4. Horticulture.
    5. Outdoor plant nurseries.
    6. Pasture.
    7. Sod farming.
    8. Truck farming.
    9. Wild crop harvesting.
  2. Commercial and industrial uses:
    1. Loading areas.
    2. Parking areas.
    3. Yards.
  3. Private and public recreational uses:
    1. Archery ranges.
    2. Boat launching ramps.
    3. Driving ranges.
    4. Fish hatcheries.
    5. Game farms.
    6. Golf courses.
    7. Hunting and fishing areas.
    8. Parking areas.
    9. Parks.
    10. Picnic grounds.
    11. Shooting preserves.
    12. Single or multiple purpose recreational trails.
    13. Swimming areas.
    14. Target ranges.
    15. Tennis courts.
    16. Trap and skeet ranges.
    17. Wildlife and nature preserves.
  4. Residential uses:
    1. Gardens.
    2. Lawns.
    3. Parking areas.
    4. Play areas.
2. Standards For Floodway Permitted Uses:
  1. The use shall have low flood damage potential.
  2. 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. Floodway Conditional And Interim Uses: The following open space uses which require only accessory structures, fill, storage of materials or equipment, grading and excavation, may be permitted in the floodway district by conditional or interim use permit if allowed as such in the base zoning district and provided they comply with the provisions of this chapter:
  1. Uses or structures accessory to the permitted conditional or interim uses in the floodway district.
  2. Extraction and storage of sand, gravel, salt, and other materials.
  3. Marinas, boat rentals, docks, piers, wharves, and water control structures.
  4. Parking and loading areas that require filling, paving, grading or excavation.
  5. Placement of fill, dredge spoils, landfills authorized by the Minnesota pollution control agency and construction of fences.
  6. Railroads, streets, bridges, utility transmission lines, and pipelines.
  7. 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 Section 10-8-3 of this chapter. Recreational vehicles are also subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  8. Storage yards for equipment, machinery, or materials.
  9. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, landfills, quarries, essential service structures, public utilities and related structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
4. Standards For Floodway Conditional And Interim Uses:
  1. 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 conditional or interim uses 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.
  2. Conditional And Interim Uses: All floodway conditional uses and interim uses shall be subject to the procedures and standards contained in Subsection 10-8-3-10(H) of this chapter.
  3. Fill:
    1. Fill, dredge spoil, excavation sites, salt storage, Minnesota pollution control agency authorized landfills or other similar materials deposited or stored in the floodplain shall be protected against erosion by vegetative cover, mulching, riprap or other acceptable method.
    2. Dredge spoil sites, sand and gravel operations, salt storage and Minnesota pollution control agency authorized landfills shall not be allowed in the floodway unless a long term site development plan which includes an erosion/sedimentation prevention element in the plan is submitted.
    3. As an alternative, and consistent with subsection (D)3b of this section, dredge spoil disposal, salt storage, Minnesota pollution control agency authorized landfills 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 council has received and approved an appropriate plan which assures the removal of materials from the floodway based upon the flood warning time available. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan. The conditional or interim use permit allowing such use must be title registered with the property in the office of the county recorder.
  4. Accessory Structures:
    1. Accessory structures shall not be designed for human habitation.
    2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum amount of obstruction to the flow of floodwaters:
      1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
      2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
    3. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment and does not exceed five hundred (500) square feet in size at its largest projection. If the accessory structure is a detached garage, it must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:
      1. 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;
      2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and
      3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area 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 (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
  5. Storage Of Material And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. 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 council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Structural Works For Flood Control: 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 Minnesota statutes, chapter 103G. Communitywide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
  7. Levees, Dikes, Or Floodwalls Constructed In Floodway: 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.
Flood Fringe District (FF)
1. Permitted Uses: The following uses shall be permitted uses within the flood fringe district to the extent that they are allowed in the base zoning district. All permitted uses shall comply with Subsections (B), "Standards For Flood Fringe Permitted Uses", and (E), "Standards For Flood Fringe Uses", of this section.
  1. Any use permitted in Subsection 10-8-3-(D) of this chapter.
  2. Any use permitted in the base zoning district.
2. Standards For Flood Fringe Permitted Uses:
  1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. Lowest floor elevations shall also be subject to the Burnsville water resources management plan.
  2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with Subsection 10-10-4(D)4c of this chapter.
  3. The cumulative placement of fill where at any one time in excess of one thousand (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 subsection (B)1 of this section.
  4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
  5. The provisions of subsection (E) of this section shall apply.
3. Flood Fringe Conditional And Interim Uses: The following uses may be permitted in the flood fringe district by conditional or interim use permit if allowed as such in the base zoning district.
  1. Any use permitted in the base zoning district as either a conditional or interim use.
  2. Any structure that is not elevated on fill or floodproofed in accordance with subsection (B)1 or (B)2 of this section or any land use that does not comply with the standards in Subsection (B)3 or (B)4 of this section. An application for a conditional use permit shall be subject to the standards and criteria and evaluation procedures specified in Subsections (D) and (E) of this section and Subsection 10-8-3 of this chapter.
4. Standards For Flood Fringe Conditional And Interim Uses:
  1. Alternative Elevation Methods: 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, etc., 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 the enclosed area:
    1. Is above grade on at least one side of the structure;
    2. Is designed to internally flood and is constructed with flood resistant materials; and
    3. Is used solely for parking of vehicles, building access, or storage. The above noted alternative elevation methods are subject to the following additional standards:
      1. 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 floodwater from entering or accumulating within these components during times of flooding.
      2. 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:
        The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one foot (1') above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and
        That 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.
  2. Basements: Basements, as defined by subsection 10-8-3-2(H) of this chapter shall be subject to the following:
    1. Residential basement construction shall not be allowed below the regulatory flood protection elevation.
    2. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with subsection (D)3 of this section.
    3. Basement and all other low floor elevations shall also meet the requirements of the Burnsville water resources management plan.
  3. Areas Of Nonresidential Structures: All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
  4. Erosion/Sedimentation Control Plan: When at any one time more than one thousand (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. 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.
  5. Storage Of Materials And Equipment:
    1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
    2. Storage of other materials or equipment may be allowed by conditional use permit if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
  6. Additional Provisions: The provisions of Subsection (E) of this section shall also apply.
5. Standards For Flood Fringe Uses:
  1. All new principal structures must have vehicular access at or above the regulatory flood protection elevation. Existing structures may be permitted to have vehicular access at an elevation not more than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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.
  2. Business uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the 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 is 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 (4) upon the occurrence of the regional flood.
  3. Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant operations especially for 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 subsection (E)2 of this section. In considering permit applications, due consideration shall be given to the needs of an industry whose business requires that it be located in floodplain areas.
  4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, 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.
  5. 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.
  6. Standards for recreational vehicles are contained in subsection 10-8-3-9(B) of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  7. 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.
General Floodplain District (GFP)
1. Permitted Uses: Permitted uses shall include those uses permitted by Subsection 10-8-3-4(A) of this chapter to the extent that they are allowed in the base zoning district.
2. Conditional And Interim Uses: All other uses than those listed in subsection (A) of this section shall be subject to the floodway/flood fringe evaluation criteria pursuant to subsection (C) of this section. Section 10-8-3 of this chapter shall apply if the proposed use is in the floodway district and section 10-8-3 of this chapter shall apply if the proposed use is in the flood fringe district.
3. Procedures For Floodway And Flood Fringe Determinations Within The General Floodplain District:
  1. Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the city for the determination of the regulatory flood protection elevation and of whether the proposed use is within the floodway or flood fringe district.
    1. A typical valley cross section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.
    2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations; the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevation of streets.
    3. Photographs showing existing land uses and vegetation upstream and downstream, and soil types.
    4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred feet (500') in either direction from the proposed development.
  2. The applicant shall submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, parts 6120.5000 through 6120.6200 and 44 code of federal regulations part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
    1. Estimate the peak discharge of the regional flood.
    2. Calculate the water surface profile of the regional flood based upon hydraulic analysis of the stream channel and overbank areas.
    3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than five-tenths foot (0.5'). A lesser stage increase than five-tenths foot (0.5') shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
  3. The technical evaluation and findings of the designated engineer or expert shall be presented to the city council. The city council must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the department of natural resources or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the city council shall refer the matter to the city planner, who shall process the permit application consistent with the applicable provisions of sections 10-8-3-4 and 10-8-3-5 of this chapter. (Ord. 1250, 10-18-2011)
Subdivisions The provisions of Title 11, "Subdivisions", of this code and Section 10-8-1- "Shoreland Overlay District", of this title shall apply in addition to the following:
1. Review Criteria: No land shall be subdivided that is unsuitable by reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the floodplain shall contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with provisions of this code and have road access both to the subdivision and to the individual building sites at or above the regulatory flood protection elevation. Subdivision of land with existing structures may be permitted to have vehicular access at an elevation not lower than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. If a variance to this requirement is granted, the city council 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. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
2. Floodway/Flood Fringe Determinations In The General Floodplain District: In the general floodplain district, applicants shall provide the information required in subsection 10-10-6(C) of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district boundaries, and the regulatory flood protection elevation for the subdivision site.
3. Removal Of Special Flood Hazard Area Designation: 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.
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 a floodplain district shall be floodproofed 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 Sections 10-8-3 and 10-8-3 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where the city finds that 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. Subsurface Sewage Treatment Systems (SSTS) And Water Supply Systems: Where public utilities are not provided:
  1. On site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and
  2. New or replacement SSTS must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters 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 SSTS shall be determined to be in compliance with this section.
  3. Additional requirements for SSTS and on site water supply systems for lands in shoreland districts and the requirements of Title 7, Chapter 11, "Subsurface Sewage Treatment Systems (SSTS)", of this code shall also be met.
Manufactured Homes And Manufactured Home Parks, And Placement Of Recreational Vehicles
1. Manufactured Homes And Manufactured Home Parks:
  1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 10-8-3-7 of this chapter and requirements of Chapter 18, "R-5 Manufactured Housing District", of this title.
  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 Section 10-8-3-5 of this chapter and chapter 18, "R-5 Manufactured Housing District", of this title. If vehicular road access for preexisting manufactured home parks is not provided in accordance with Subsection 10-8-3-5(E)1 of this chapter, then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council.
    1. 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.
2. Placement Of Recreational Vehicles: Recreational vehicles are subject to this chapter and Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
  1. Recreational vehicles that do not meet the exemption criteria specified in subsection (B)1a of this section shall be subject to the provisions of this chapter and as specifically spelled out in Subsections (B)3 and (B)4 of this section and shall also be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Exemption: Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection (B)3 of this section and further if they meet the following criteria:
      1. Have current licenses required for highway use.
      2. Are highway ready meaning they are 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.
      3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
  2. Areas exempted for placement of recreational vehicles. Recreational vehicles shall also be subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
    1. Individual lots or parcels of record.
    2. Existing commercial recreational vehicle parks or campgrounds.
    3. Existing condominium type associations.
  3. Recreational vehicles exempted in subsection (B)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle, or exceeding five hundred dollars ($500.00) 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/floodproofing requirements and the use of land restrictions specified in Sections 10-8-3 and 10-8-3 of this chapter. 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.
  4. 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 (5) units or dwelling sites shall be subject to Section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code and Chapter 18, "R-5 Manufactured Housing District", of this title and the following:
    1. 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 Subsection 10-8-3-5(E)1 of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
    2. All new or replacement recreational vehicles not meeting the criteria of Subsection (B)4a of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subsection 10-8-3-10(H) of this chapter. 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 and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsections (B)1a(1) and (B)1a(2) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subsection 10-8-3-8(C) of this section.
Administration
1. Planning Manager: The city planner or other official designated by the city council shall administer and enforce this chapter. If the city planner finds a violation of the provisions of this chapter the person responsible shall be notified for such violation in accordance with the procedures stated in Section 10-8-3 of this chapter.
2. Permit Requirements:
  1. Permit Required: In all floodplain districts, a permit issued by the city in conformity with the provisions of this chapter shall be secured prior to the construction, 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 storage of materials or equipment within the floodplain.
  2. Application For Permit: Application for a permit shall be made, on forms furnished by the city and shall include the following where applicable: Plans drawn to scale, showing the nature, location, dimensions, and elevations (in NAVD, 1988 datum), of the lot; existing and/or proposed structures, fill, or storage of materials; the location of the foregoing in relation to the stream channel.
  3. State And Federal Permits: Prior to granting a use permit or processing an application for a conditional or interim use permit or variance, the applicant shall demonstrate to the city that it has obtained all necessary state and federal permits.
  4. Certificate Of Zoning Compliance For New, Altered, Or Nonconforming Use: Within floodplain districts, 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, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the city stating that the use of the building or land conforms to the requirements of this chapter.
  5. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates Of Zoning Compliance: Permits, conditional or interim use permits, variances 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 a violation of this chapter and punishable as provided by Section 10-8-3(L)of this chapter.
  6. Certification: Prior to issuance of a certificate of occupancy, the applicant shall 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. Floodproofing measures shall be certified by a registered professional engineer or registered architect. The city may require financial security to be provided at the time of permit application to ensure that the provisions of this section are met.
  7. Record Of Lowest Floor Elevations: The city 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 city shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.
  8. Notification For Watercourse Alterations: The city 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 Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted via e-mail to the Chicago regional office of FEMA.
  9. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the city shall notify the Chicago regional office of FEMA of the changes by submitting via e-mail a copy of said technical or scientific data.
3. Board Of Adjustment:
  1. Rules: The city council is the board of adjustment and shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
  2. Administrative Review: The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
  3. Variances: Variance applications shall be processed in accordance with section 10-2-3 of this title and pursuant to this section. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as practical difficulties or circumstances unique to the property under consideration, as provided for in Chapter 5, "Administration", of this title. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that exist consistent with the criteria specified in this chapter, and in Chapter 5, "Administration", of this title which justify the granting of the variance. No variance shall have the effect of allowing in any district uses that are prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of FEMA must be satisfied:
    1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
    2. Variances may only be issued upon:
      1. A showing of good and sufficient cause,
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variance Notification Requirement: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
5. Decisions: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the city planner or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the city council may prescribe appropriate conditions and safeguards such as those specified in Subsection (H)7 of this section, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under Section 10-10-12 of this chapter.
  1. A copy of all decisions granting variances shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
6. Appeals: Appeals from any decision of the city council may be made, and as specified in this title and also by Minnesota statutes.
7. Flood Insurance Notice And Recordkeeping: The city shall notify the applicant for a variance that:
  1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
  2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.
8. Conditional And Interim Use Permits: All applications shall be reviewed consistent with Minnesota Statutes, Section 15.99; the provisions of Sections 10-2-4 and 10-2-5 of this title and pursuant to the following:
  1. Use Requiring Conditional Or Interim Use Permit: Any use requiring a conditional or interim use permit shall be processed in accordance with procedures set forth in Sections 10-2-4, "Conditional Uses", and 10-2-5, "Interim Uses", of this title.
  2. Application Submitted: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed conditional or interim use sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
  3. Decisions Forwarded: A copy of all decisions granting conditional and interim use permits shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
  4. Procedure To Be Followed: Procedure to be followed by city council in passing on conditional and interim use permit applications within all floodplain districts.
    1. Applications for a conditional or interim use permits within all floodplain districts shall include the following:
      1. Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and
      2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
    2. The city may submit the application to other experts or agencies for technical assistance to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
    3. Based upon the technical evaluation the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
  5. Factors On Which Decision Is Based: Factors upon which the decision of the city shall be based: In passing upon conditional and interim use permit applications, the city shall consider all relevant factors specified in other sections of this chapter, and:
    1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
    2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
    3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
    4. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.
    5. The importance of the services provided by the proposed facility to the community.
    6. The requirements of the facility for a waterfront location.
    7. The availability of alternative locations not subject to flooding for the proposed use.
    8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
    9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
    10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
    11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
    12. Such other factors which are relevant to the purposes of this chapter.
  6. Time For Acting On Application: All applications shall be reviewed pursuant to Minnesota Statutes, Section 15.99.
  7. Conditions Attached To Conditional And Interim Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the city council shall attach such conditions to the granting of conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
    1. Modification of waste disposal and water supply facilities.
    2. Limitations on period of use, occupancy, and operation.
    3. Imposition of operational controls, sureties, and deed restrictions.
    4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
    5. Floodproofing measures in accordance with the state building code and this chapter. The city shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
Nonconforming Uses Within floodplain districts the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
  1. No such structure or use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
  2. Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in Subsections (A)3 and (A)6 of this section.
  3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of the structure, then the structure must meet the standards of Sections 10-8-3 (D) or 10-8-3 (E) of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.
  4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter.
  5. If any nonconforming use or structure is substantially damaged, as defined in subsection 10-8-3(H) of this chapter, it shall not be reconstructed except in conformity with the provision of this chapter. The applicable provisions for establishing new uses or new structures in Sections 10-8-3 (C), 10-8-3(D) or 10-8-3(E) of this chapter will apply depending upon whether the use or structures is in the floodway, flood fringe or general floodplain district, respectively.
  6. If a "substantial improvement" occurs, as defined in Subsection 10-8-3(B) of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement of the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Sections 10-8-3(D) or 10-8-3 (E) of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
Penalties For Violation
1. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional or interim use permits) shall constitute a misdemeanor and shall be punishable as defined by law.
2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
  1. In responding to a suspected ordinance violation, the building official or designee and the city council may utilize the full array of enforcement actions available to them including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures, or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.
  2. Whenever the building official or designee reasonably believes that an ordinance violation has occurred or is occurring, he shall investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the department of natural resources and FEMA regional office along with the city's plan of action to correct the violation to the degree possible.
  3. The building official or designee shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the building official or designee may order the construction or development immediately halted until a proper permit or approval is granted by the city council. If the construction or development is already completed, then the building official or designee may either:
    1. a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or
    2. b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.
  4. If the responsible party does not appropriately respond to the building official or designee within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The building official or designee shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
Amendments The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled at or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if the commissioner determines that, through other measures, lands are protected adequately for the intended uses.
All amendments to this chapter, including floodplain related amendments to the official zoning map, shall be submitted to and approved by the Minnesota commissioner of natural resources prior to adoption. Floodplain related changes to the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written or e-mail notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-3: P Park District

Purpose and Intent: The Park District is established to provide, preserve, and protect lands for parks, recreation, open space, and conservation purposes. It is intended to support active and passive recreation, preserve natural resources and scenic areas, maintain community open space, and promote public health and welfare. The district also allows park-related facilities and compatible public uses, including utilities, stormwater facilities, and public safety uses, when they do not conflict with park purposes, and ensures development is consistent with adopted park and comprehensive plans.
B. Permitted Uses: The following are permitted uses:
1. Active outdoor recreational facilities.
2. Golf course, public or private.
3. Government buildings where the use conducted is customarily considered to be an office use.
4. Organized recreational programs and special events, sponsored or approved by City Recreation Department.
5. Passive recreation and open space uses.
6. Play fields.
7. Recreation-related buildings and accessory facilities.
8. Other recreational uses or facilities that is consistent with the intent of the Park District.
9. Other recreation uses/equipment.
Permitted Accessory Uses. The following are permitted accessory uses:
1. Accessory park permits for vending, sales, and similar uses as issued by the City Recreation Department.
2. Accessory solar energy systems pursuant to Section 10-10-10 of this Title.
3. Advertising
4. Antennas mounted on an existing structure, as regulated by Section 10-10-12 of this title.
Conditional Uses. The following are conditional uses:
1. Essential service structures, provided no building shall be located within fifty feet (50') from any lot line of an abutting lot in an R district.
2. Towers as regulated in Section 10-10-12 of this title.

HISTORY
Adopted by Ord. 1648 on 6/12/2026

10-8-4: CD Conservancy District

Purpose: The purpose of this district is to provide areas within the city for the preservation of sensitive natural areas and the protection and enhancement of wildlife habitat. The conservancy district (CD) may be applied to either public or private land. Areas included in the conservancy district are generally deemed unsuitable for residential, commercial, industrial, and most institutional development, due to flooding, high water table, restrictive soil conditions, steep, very steep and severe slopes, significant and valuable vegetation and/or wildlife habitat.
Permitted Uses. The following are permitted uses.
1. Permanent open space.
2. Public and private natural conservation and wildlife management areas.
Conditional Uses. The following are conditional uses
1. Accessory solar energy systems pursuant to Section 10-10-10 of this title.
2. Expansion of existing uses which are not in conformity with district use provisions.
3. Nature centers and administration buildings.
4. Recreational and interpretive trail systems.
5. Utility uses.
6. Other public uses.

Development Standards. The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications as set forth in this Title.

Lot Area	1 acre (43,560 square feet)
Lot Width	150 feet
Setback - Principal Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Accessory Structure
Front Yard	30 or 50 feet adjacent to any residential district
Side Yard	30 or 50 feet adjacent to any residential district
Side Yard - Street	30 or 50 feet adjacent to any residential district
Rear Yard	30 or 50 feet adjacent to any residential district
Setback - Parking
Front Yard	20 or 30 feet adjacent to any residential district
Side Yard	20 or 30 feet adjacent to any residential district
Side Yard - Street	20 or 30 feet adjacent to any residential district
Rear Yard	20 or 30 feet adjacent to any residential district

Not more than thirty percent (30%) of the gross lot area may be of an impervious surface

Supplemental Standards. The following are supplemental standards for the district:
1. Public Or Private Structures: In no case shall a public or private structure occupy more than twenty percent (20%) of the land within any separate parcel of land zoned CD.
2. Additional Or Increased Development Standards: If in its review of site and building for developments within the CD, the city finds that the protection of natural features warrants performance standards beyond that which would be provided by applicable setback, buffering and related standards, the city may require additional or increased development standards to protect such features.
3. Commercial Buildings: Commercial buildings shall comply with the building design and material requirements of Subsection 10-6-8(A) of this title.
4. Mechanical Equipment: Mechanical equipment (ground mounted and rooftop) shall meet the following requirements:
  1. Rooftop mechanical equipment shall not exceed the building height standards by more than ten feet (10') for a single-story building or fifteen feet (15') for a multiple-story building.
  2. All private ground mounted equipment shall be one hundred percent (100%) screened from view from adjacent properties and the public right of way by enclosures constructed of durable and permanent materials with architectural elements (type, quality, and appearance) similar and compatible to the principal structure.
  3. All rooftop equipment shall be screened from view from across adjacent streets fifteen feet (15') behind the curb or adjacent properties at the property line.
  4. Rooftop equipment shall be one hundred percent (100%) screened by the building parapet, or the equipment shall be grouped behind an enclosure and set back a distance of one and one-half (1 1/2) times its height from any primary facade fronting a public street.
  5. Screens shall be made of durable, permanent materials (not including wood) that are compatible with the primary building materials.
  6. Exterior mechanical equipment, such as ductwork, shall not be located on primary building facades.
5. Private Trash And Recyclables: Private trash and recyclable handling equipment shall meet the requirements of Subsection 10-6-8(B) of this title.
6. Public Trash And Recycling Containers: Public trash and recycling containers subject to Subsection 10-9-21(G) of this title.
7. External Loading Areas: External loading areas shall meet the requirements of Subsection 10-6-8(H) of this title.
8. Outdoor Lighting: Within the conservancy district, all exterior building and parking lot lighting shall comply with Section 10-9-7 of this title.
9. Landscaping: Within any conservancy district, development shall comply with the landscaping regulations of Section 10-9-13 and Subsection 10-9-13(E) of this title.
10. Height: No building or structure shall exceed thirty five feet (35') in height except as approved through a conditional use permit.

Rear Yard

HISTORY
Adopted by Ord. 1648 on 6/12/2026

Zoning District	Woodland Removal Threshold
CD, P	20 percent
CRD	30 percent
R-1, R-1A	40 percent
R-2, R-3A, R-3B, R-3D	50 percent
B-1, B-2	50 percent
B-3, B-4, MIX	60 percent
I-1, I-2, I-3, GIM, GMH	60 percent

	Transition	Tributary
Single	250	100
Duplex	375	150
Triplex	500	200
Quad	625	250