(A)   Shoreland districts. The shoreland districts of the Little Cannon River within the city are hereby designated as the Shoreland District. The requirements set forth in this subchapter shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration and development of these areas according to the classifications as per M.S. §§ 103F.201 through 103F.221, as it may be amended from time to time, and Minn. Rules, parts 6120.2500 through 6120.3900.

   (B)   Cannon Recreational and Scenic River Land Use Districts. In order to preserve and protect the Cannon River and its adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Cannon River in the city has been designated as a state wild, scenic and recreational river. The uses and classifications of this river and its adjacent lands are hereby designated by two land use zoning districts: the CR, Cannon Recreational River District and the CS, Cannon Scenic River District. These district designations shall govern the use, alteration and development of these areas, in accordance with M.S. §§ 103F.301 through 103F.345, as it may be amended from time to time, Minn. Rules, parts 6105.0010 through 6105.0250, 6105.1550 through 6105.1700 and 6120.2500 through 6120.3900.

(Prior Code, § 11-82-1) (Ord. 258, passed 5-4-2006)

   (A)   The S, Shoreland, CR, Cannon Recreational River and CS, Cannon Scenic River Districts shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the text and map of this subchapter.

   (B)   The regulations and requirements imposed by these districts shall be in addition to those established for districts which jointly apply.

   (C)   Under the joint application of districts, the more restrictive requirements shall apply.

   (D)   In case of conflict between a provision of the state wild, scenic and recreational rivers statewide standards and criteria and some other law of this state or existing city code provisions, the more protective provision shall apply.

(Prior Code, § 11-82-2) (Ord. 258, passed 5-4-2006)

   (A)   Boundaries of Shoreland District. The boundaries of the Shoreland District are established 300 feet from the ordinary high water mark of the Little Cannon River. The boundary distance requirement shall be increased to the limit of the floodplain when the floodplain is greater than 300 feet.

   (B)   Cannon River Districts.

      (1)   The lands within the boundaries of the CR District shall include Government Lot 9; the north one-half of Government Lot 10; all of Government Lot 11 west of the river; and all remaining lands within 300 feet of the ordinary high water mark of the Cannon River in the southeast quarter and Government Lots 10, 11 and 12, all in Section 7, Township 112 North, Range 17 West; all lands within 300 feet of the ordinary high water mark of the Cannon River in Section 18, Township 112 North, Range 17 West; and those lands south of the Cannon River within the southwest quarter that are north of the railroad and those lands south of the Cannon River within the west one-half of the southeast quarter, all in Section 8, Township 112 North, Range 17 West.

      (2)   The lands within the boundaries of the CS District shall include those lands north of the Cannon River within the southwest quarter, west one-half of the southeast quarter, and south one-quarter of the northwest quarter, all in Section 8, Township 112 North, Range 17 West; and all other lands that may be annexed to the city from the county within the Cannon Recreational and Scenic River Land Use Districts, as identified in Minn. Rules, part 6105.1680.

      (3)   In case of conflict between this subchapter and the property description in Minn. Rules, parts 6105.1610, 6105.1670 and 6105.1680, the latter shall prevail.

(Prior Code, § 11-82-3) (Ord. 258, passed 5-4-2006)

   (A)   Minimum area setbacks; other requirements. The following chart sets forth the minimum area setbacks and other requirements of each respective district.

 

   (B)   Substandard lot. Any lot of record filed in the office of the County Recorder on the effective date of this chapter amendment which does not meet the area requirements of this subchapter may be allowed as a building site subject to approval of a shoreland impact plan and provided as follows.

      (1)   The lot meets all standards of the applicable zoning use district.

      (2)   The lot is in separate ownership from abutting lands.

      (3)   Except for lot area, all other sanitary and dimensional requirements of these districts are complied with insofar as practical (70% width and setback requirements).

      (4)   If in a group of two or more contiguous lots under a single ownership in the CS District, any individual lot does not meet the minimum lot width requirements of this section, the individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirement of this section, or to the greatest extent practicable.

   (C)   Placement of structures.

      (1)   Placement of structures shall comply with the provisions of the Floodplain District.

      (2)   In the CS District, no structure shall be placed on any slope greater than 13% unless:

         (a)   Sewage treatment system facilities can be installed so as to comply with the sanitary provisions of this subchapter;

         (b)   Structures must be adequately screened;

         (c)   It must be proven that any potential or actual erosion or sedimentation problems do not exist and that adequate measures shall be taken to prevent them;

         (d)   Where bearing capacity is in doubt, soil boring samples must be taken; and

         (e)   Consideration must be given to color and architectural design (including roof slope and orientation), subject to the approval of the Planning Commission.

      (3)   In the CS District, the density of dwelling units shall not exceed one dwelling unit per lot.

   (D)   Nonconforming structures. All structures in existence prior to the effective date of this section which are permitted uses within the CS District, but do not meet the minimum lot area, setbacks or other dimensional requirements of this section shall be allowed to continue subject to the following conditions and exceptions.

      (1)   Any structure alteration or addition to a nonconforming structure which will increase the nonconforming dimensions shall not be allowed.

      (2)   Nonconforming signs shall be gradually eliminated over a period of time not to exceed five years from the effective date of this section.

(Prior Code, § 11-82-4) (Ord. 258, passed 5-4-2006)

   (A)   Application and plan. Landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland, CR or CS District within the city shall first submit a conditional use permit application and a plan of development, hereinafter referred to as "shoreland impact plan," which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features and any additional matters intended to improve or maintain the quality of the environment. The plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.

      (1)   Exceptions.

         (a)   No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses contained within R-1 Districts.

         (b)   No conditional use permit or shoreland impact plan shall be required for the development of permitted uses contained within the R-1 District provided that the uses are constructed on standard lots when abutting a shoreline and that all uses are constructed on standard lots when abutting a shoreline and that all uses are served with public sanitary sewer.

      (2)   Subdivision. No land shall be subdivided which is determined by the city or the Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or another feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.

      (3)   CR Cannon Recreational District. In addition to permitted and conditional uses otherwise allowed in the zoning districts which jointly apply, the following uses are:

         (a)   Permitted.

            1.   Governmental campgrounds, subject to management plan specifications;

            2.   Public accesses, road access type with boat launching facilities subject to management plan specifications;

            3.   Public accesses, trail access type, subject to management plan specifications; and

            4.   Other governmental open space recreational uses, subject to management plan specifications.

         (b)   Conditional.

            1.   Private campgrounds subject to management plan specifications; and

            2.   Other private open space recreational uses, subject to management plan specifications.

      (4)   CS Cannon Scenic River District. The following uses are permitted or conditional. All uses not listed as permitted or conditional shall not be allowed within the CS District.

         (a)   Permitted.

            1.   Governmental campgrounds, subject to management plan specifications;

            2.   Public accesses, road access type with boat launching facilities subject to management plan specifications;

            3.   Public accesses, trail access type, subject to management plan specifications;

            4.   Other governmental open space recreational uses, subject to management plan specifications;

            5.   Agricultural uses;

            6.   Single-family residential uses;

            7.   Forestry uses;

            8.   Essential services;

            9.   Sewage treatment systems;

            10.   Private roads and minor public streets;

            11.   Signs approved by federal, state or local government which are necessary for public health and safety and signs indicating areas that are available or not available for public use;

            12.   Signs not visible from the river that are not specified in division (A)(4)(a)11. above; and

            13.   Governmental resource management for improving fish and wildlife habitat; wildlife management areas; natural areas; accessory roads.

         (b)   Conditional.

            1.   Private campgrounds subject to management plan specifications;

            2.   Temporary docks;

            3.   Other private open space recreational uses, subject to management plan specifications;

            4.   Utility transmission power lines and pipelines, subject to the provisions of this section;

            5.   Public roads subject to the provisions of this section; and

            6.   Canoe rental establishments.

   (B)   Sewage and waste disposal. Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices.

      (1)   Public sanitary sewer collection and treatment facilities. Public sanitary sewer collection and treatment facilities must be used where available and where feasible.

      (2)   Private sewage and other sanitary waste disposal systems. All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, rules and regulations of the city, the State Department of Health and the Pollution Control Agency's standards for individual sewage treatment systems (Minn. Rules, Chapter 7080).

      (3)   Septic tank drainage field system. A septic tank drainage field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible on the particular lot in question and it can be demonstrated that the system being proposed as an alternate will not cause a pollution problem.

      (4)   Location and installation of a septic tank and soil absorption system. Location and installation of a septic tank and soil absorption system shall be so that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, nor pollute or contaminate any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, geology, proximity to existing or future water supplies, accessibility for maintenance and possible expansion of the system.

      (5)   Permit required. It is unlawful for any person to install, alter, repair or extend any individual sewer disposal system without first obtaining a permit therefor from the city for the specific installation, alteration, repair or extension.

      (6)   Setback requirements. Placement of septic tank soil absorption systems shall be subject to the following setback requirements where soil conditions are adequate:

         (a)   Within the S District, at least 50 feet from the ordinary high water mark;

         (b)   Within the CR District, at least 75 feet from the ordinary high water mark; and

         (c)   Within the CS District, at least 100 feet from the ordinary high water mark.

      (7)   Soil absorption systems. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage:

         (a)   Low swampy areas or areas subject to recurrent flooding;

         (b)   Areas where the highest known ground water table, bedrock or impervious soil conditions are within four feet of the bottom of the system; and

         (c)   Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

      (8)   Nonconformity. All sanitary facilities inconsistent with requirements of this section shall be brought into conformity within five years after the date of adoption of this subchapter, or discontinued when there is evidence of septic tank effluent percolating from the ground, flowing directly into a lake or stream or other indications of system failure.

   (C)   Water supply. Any private supply of water for domestic purposes shall conform to the State Department of Health Standards for water quality. Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with city standards.

   (D)   High water elevations. Structures must be placed at an elevation consistent with the Floodplain District regulations.

   (E)   Utility transmission crossings. All utility crossings of the Cannon River require a license from the Commissioner of Natural Resources pursuant to M.S. § 84.415, as it may be amended from time to time. All utility transmissions constructed within the CS District shall require a conditional use permit. The construction of transmission services shall be subject to Minn. Rules, parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the Environmental Quality Board pursuant to M.S. § 216E.10, as it may be amended from time to time.

   (F)   Public roads. In addition to permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of public roads within the CS District. The construction or reconstruction shall be subject to Minn. Rules, parts 6105.0190 and 6105.0200.

(Prior Code, § 11-82-5) (Ord. 258, passed 5-4-2006)

   (A)   Removal of natural vegetation. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve shoreland aesthetics.

      (1)   Clear cutting is prohibited, except as necessary for placing public roads, utilities, structures and parking areas, which are placed in accordance with the city code.

      (2)   Natural vegetation shall be restored insofar as feasible after any construction project.

      (3)   Selective cutting of trees and underbrush is allowed as long as sufficient cover is left to make cars and structures inconspicuous when viewed from the water.

      (4)   In the CS District, a continuous tree cover is maintained, uninterrupted by large openings when selective cutting occurs under division (A)(3) above of this section.

   (B)   Grading and filling.

      (1)   Grading and filling within the Shoreland, CR and CS Districts, or any alterations of the natural topography where the slope of the land is toward a public water or watercourse leading to a public water must be approved by the Planning Commission and a permit obtained prior to the commencement of any work thereon. The permit may be granted subject to the conditions that follow.

         (a)   No more than one-third of the surface area of a lot shall be devoid of vegetative ground cover at any one time.

         (b)   Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted as soon as possible.

         (c)   Methods to prevent erosion and trap sediment shall be employed in accordance with Chapter 151.

         (d)   Fill shall not be placed in areas lower in elevation than the normal high water mark.

         (e)   Fill shall be stabilized according to accepted engineering standards.

         (f)   Fill shall not restrict a floodway or destroy the storage capacity of a floodplain.

         (g)   The maximum slope of the finished surface which slopes toward a public water shall be six units horizontal to one vertical.

         (h)   No grading or filling shall be permitted within 20 feet of the ordinary high water mark of a public water.

         (i)   Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the CS District.

         (j)   In the CS District, grading and filing shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities and the smallest amount of bare ground is exposed for as short a time as feasible.

         (k)   Drainage or filling in of wetlands is not allowed within the CS District.

      (2)   Any work which will change or diminish the course, current or cross-section of a public water must be approved by the Department of Natural Resources as per M.S. § 103G.245, as it may be amended from time to time, before the work is begun. Excavation on shorelands where the intended purpose is connected to a public water, such as boat slips, canals, lagoons and harbors, shall require a permit from the Planning Commission prior to commencement of construction. The permit shall be obtained only after the Commissioner of the Department of Natural Resources has approved the proposed connection to public waters.

(Prior Code, § 11-82-6) (Ord. 258, passed 5-4-2006)

   The Planned Unit Development (PUD) provisions may be utilized within a Shoreland, CR or CS District, provided that the following requirements are satisfactorily met.

   (A)   Preliminary plans shall be approved by the Department of Natural Resources prior to city approval.

   (B)   Central sewage facilities are installed which at least meet the applicable standards, criteria, rules or regulations of the State Department of Health and the Pollution Control Agency or the PUD/Planned Cluster Development (PCD) is connected to a public sanitary sewer.

   (C)   Sufficient open space is preserved through the use of restrictive deed covenants, public dedications and the like.

   (D)   The following factors are carefully evaluated to ensure that the increased density of the development is consistent with the resource limitations of the public water:

      (1)   Suitability of the site for the proposed use;

      (2)   Physical and aesthetic impact of increased density;

      (3)   Level of current development;

      (4)   Amount and ownership of undeveloped shoreland;

      (5)   Levels and types of water surface use and public access; and

      (6)   Possible effects on overall public use.

   (E)   In the S or CR Districts, any commercial, recreational, community or religious facility allowed as part of the PUD conforms to all applicable federal and state regulations including, but not limited to, the following:

      (1)   Licensing provisions or procedures;

      (2)   Waste disposal regulations;

      (3)   Water supply regulations;

      (4)   Building codes;

      (5)   Safety regulations;

      (6)   Regulations concerning the appropriate use of public waters as defined in M.S. § 103G.005, as it may be amended from time to time;

      (7)   Applicable regulations of the State Environmental Quality Council; and

      (8)   Storm sewer.

   (F)   The final PUD/PCD shall not be modified or altered in any way without written approval from the Department of Natural Resources.

   (G)   PUDs/PCDs incorporating shoreline recreational facilities such as beaches, docks or boat launching facilities and the like shall be designed so that the facilities are centralized for common utilization.

   (H)   In the CS District, only PCDs, a pattern of subdivision development which places housing units into compact groupings while providing a commonly owned or dedicated open space, are allowed. Smaller lot sizes may be allowed as exceptions to this section for PCDs in this district provided as follows.

      (1)   A PCD may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development.

      (2)   The only uses that shall be allowed within the development are those allowed for the CS District.

   (3)   The PCD conforms to all applicable federal and state regulations.

(Prior Code, § 11-82-7) (Ord. 258, passed 5-4-2006)

   Variances may be granted by the Council upon application in extraordinary cases but only when the proposed use is determined to be in the public interest and no variance shall be granted which the Council determines will or has a tendency to:

   (A)   Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in a manner as to increase the height of flooding, except obstructions approved by the Watershed Districts in conjunction with sound floodplain management and allowed by the Floodplain District regulations;

   (B)   Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies;

   (C)   Be not in keeping with land use plans and planning objectives for the city or which will increase or cause danger to life or property;

   (D)   Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the marshes and wetlands within the city; and

   (E)   No permit or variance shall be issued unless the applicant has submitted a Shoreland Impact Plan as required and set forth in this subchapter. In granting any variance, the Council may attach conditions as it deems necessary to ensure compliance with the purpose and intent of this subchapter.

(Prior Code, § 11-82-8) (Ord. 258, passed 5-4-2006)

   (A)   Review and certification procedure. In order to ensure that the standards herein are not nullified by unjustified exceptions in particular cases and to promote uniformity in the treatment of application for the exceptions, a review and certification procedure is hereby established for certain zoning decisions. These certain decisions consist of any decisions which directly affect the use land within the CR and CS Districts and are one of the following types of action:

      (1)   Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land;

      (2)   Granting a variance from a provision of this subchapter which relates to the zoning dimension provisions of Minn. Rules, part 6105.0110 and any other zoning dimension provisions established in the management plan; and

      (3)   Approving a plat which is inconsistent with this subchapter.

   (B)   Certification. No action shall be effective unless and until the Commissioner of Natural Resources has certified that the action complies with the State Wild and Scenic Rivers Act being M.S. §§ 103F.301 through 103F.345, the statewide standards and criteria and the management plan; and conforms to the following decision guides.

      (1)   A land use ordinance or amendment must comply with the act, the statewide standards and criteria and the management plan.

      (2)   The granting of a variance complies with the provisions contained in § 152.792 of this subchapter and requires the presence of all of the following conditions.

         (a)   The strict enforcement of the land use controls will result in unnecessary hardship. Hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use under the conditions allowed by the zoning provisions. Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this chapter.

         (b)   Granting of the variance is not contrary to the purpose and intent of this section and is consistent with Minn. Rules, parts 6105.1550 through 6105.1700.

         (c)   There are exceptional circumstances unique to the subject property which were not created by the landowner.

         (d)   Granting the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.

         (e)   Granting of the variance will not alter the essential character of the locality.

         (f)   Exception. Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this section.

      (3)   Approval of a plat which is inconsistent with this subchapter is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.

   (C)   Procedures for certification.

      (1)   A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances or inconsistent plats under the zoning regulations shall be received by the Commissioner of Natural Resources at least 30 days prior to the hearings or meetings to consider the actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat or a description of the requested variance.

      (2)   The city shall notify the Commissioner of Natural Resources of its final decision on the proposed action, within ten days of the decision.

      (3)   The Commissioner of Natural Resources shall, no later than 30 days from the time he or she receives notice of the final decision, communicate to the city either:

         (a)   Certification of approval, with or without conditions; or

         (b)   Notice of non-approval.

      (4)   The action becomes effective when and only when either:

         (a)   The final decision taken by the city has previously received certification of approval from the Commissioner of Natural Resources;

         (b)   The city receives certification of approval after its final decision;

         (c)   Thirty days have elapsed from the date the Commissioner of Natural Resources received notice of the final decision, and the city has received from the Commissioner of Natural Resources neither certification of approval nor notice of non-approval; or

         (d)   The Commissioner of Natural Resources certifies his or her approval after conducting a public hearing.

      (5)   In the case of a notice of non-approval of an ordinance or a variance or an inconsistent plat, either the applicant, or the chief executive officer of the county or municipality, may within 30 days of the notice, file with the Commissioner of Natural Resources a demand for hearing. If the demand for hearing is not made within the 30 days, the notice of non-approval becomes final.

         (a)   The hearing shall be held in an appropriate local community within 60 days of the demand for it but not before two weeks published notice. Notice and the conduct of the hearing and the allocation of costs of the hearing shall be accomplished in the same manner as provided in M.S. § 103F.373, as it may be amended from time to time.

         (b)   Within 30 days after the hearing, the Commissioner of Natural Resources shall either certify his or her approval of the proposed action, or deny it. His or her decision shall be based upon findings of fact made on substantial evidence found in the hearing record. If the Commissioner of Natural Resources concludes that the proposed action satisfies the standards and criteria of Minn. Rules, part 6105.0230, subpart 2, then he or she shall certify his or her approval; otherwise, he or she shall deny it.

   (D)   Conditional use permits. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days prior to a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of the action.

   (E)   Plats. Copies of all plats shall be forwarded to the Commissioner within ten days of approval by the city.

(Prior Code, § 11-82-9) (Ord. 258, passed 5-4-2006)

   Copies of all notices of any public hearings to consider variances, amendments, plats or conditional uses affecting the Shoreland District will be received by the Commissioner at least ten days prior to the hearing. A copy of approved amendments and plats and final decisions granting variances or conditional uses shall be received by the Commissioner within ten days of final action.

(Prior Code, § 11-82-10) (Ord. 258, passed 5-4-2006)

   The granting of any permit, variance or subdivision approval under provisions of this section shall in no way affect the owner's capability to obtain the approval required by any other statute, ordinance or legislation of any state agency or subdivision herein. Approval may be expressly given in conjunction with other permits applied for, but no approval shall be implied from the grant of the permits nor from the necessity to apply for a permit as described herein.

(Prior Code, § 11-82-11) (Ord. 258, passed 5-4-2006)