Center City City Zoning Code

CHAPTER 229

SL SHORELAND MANAGEMENT OVERLAY DISTRICT

§ 229.01 PURPOSE.

The purpose of the SL Shoreland Management Overlay District is to manage the effect of shoreland and water surface crowding, to prevent pollution of surface and ground waters of the city, to provide ample space on lots for sewage treatment systems, to minimize flood damages, to maintain property values, and to maintain natural characteristics of shorelands and adjacent water areas via shoreland controls which regulate lot sizes, placement of structures, and alterations of shoreland areas.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.02 AREA GOVERNED.

(A) All lands lying within 1,000 feet of a lake and 300 feet of a river or stream shall be subject to and governed by these regulations. If the subdivision of any lands, whether by plat or otherwise, create separate individual lots which extend landward for a distance greater than the described boundaries of the lakeshore district, the lakeshore regulations shall apply to all such lots in their entirety.

(B) Given the present boundaries of the city, all land within the city is included in the Lakeshore Management District.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.03 EXISTING LAKE CLASSIFICATIONS.

(A) The present city limits of the city are bounded by or include parts of the following lakes, all presently classified as general development lakes:

(1) Pioneer Lake.

(2) North Center Lake.

(3) South Center Lake.

(B) The existing city does not contain nor abut any other lakes, rivers, or streams, nor are there any other such lakes, rivers, or streams within 1 mile of the unincorporated area surrounding the city boundaries. In the event, whether by annexation or otherwise, the city is enlarged to include any other lakes, rivers, or streams, this chapter shall then be amended to accommodate and regulate them in accordance with such guidelines as are then in effect.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.04 POLICIES UNDERLYING LAKESHORE REGULATIONS.

(A) The management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, severe erosion potential, presence of significant historic sites or any other feature likely to be harmful to the health, safety, or welfare of the residents of the community.

(B) The reservation of areas suitable for residential development from encroachment by commercial and industrial uses.

(C) The centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial development.

(D) The management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas.

(E) The protection of valuable agricultural lands from conversion to other uses.

(F) The preservation and enhancement of the quality of water based recreational use of public waters including provisions for public accesses.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.05 LAKESHORE MANAGEMENT DISTRICTS.

All lands presently contained within the city, and added by annexation in the future lying within the shoreland boundaries shall comply with the general provisions of this section. Such lands are designated on the Lakeshore Management Map, which is incorporated herein by reference as if appearing in total, and described as follows:

(A) SP Special Protection District. A Special Protection District is intended to be used for 2 basic purposes. The first purpose is to limit and properly manage development in areas that are generally unsuitable for development or uses due to flooding, erosion, limiting soil conditions, steep slopes, or other major physical constraints. A second purpose is to manage and preserve areas with special historical, natural, or biological characteristics. There are 4 SP districts in the city, located as follows:

(1) All of Blocks 10, 11, and 12, of the plat of Kavanagh and Schulze’s First Addition to Center City.

(2) Outlot #1 of F. G. Loren’s Addition to Center City.

(3) All of Lots A and B of Kavanagh and Schulze’s First Addition to Center City (including that part of Lot A subsequently platted as Loren’s Subdivision of Lot A).

(4) An historical district, consisting of the following lands:

(a) The West Half of Lot 6, and all of Lots 7-14, inclusive, in Block 1; and all of Blocks 3 and 6; all in Kavanagh and Schulze’s First Addition to Center City.

(b) The Swedish Church property which is bordered by Summit Avenue on the west, Lindeke Place on the south and east, and Louise Avenue on the north.

(B) RD Residential District. A Residential District is primarily intended to allow low to medium density seasonal and year round residential uses on lands suitable for such uses. It is also intended to prevent establishment of various commercial, industrial, and other uses in these areas that cause conflicts or problems for residential uses. Some nonresidential uses with minimal impacts on residential uses are allowed if properly managed under conditional use procedures. All lands within the existing city are designated RD unless expressly designated otherwise.

(C) HD High Density Residential District. A High Density Residential District is intended for use on lands with heterogeneous mixes of soils, vegetation, and topography that are not well suited to residential development using standard, lot block subdivisions. This approach enables such areas to be developed, often even with higher than lot block densities, while also avoiding and preserving unsuitable terrain and soils. Other compatible uses such as residential planned unit development, surface water oriented commercial, multiple-unit single-family, parks, historic sites, and semipublic are also allowed, primarily as conditional uses. The city does not presently contain any high density residential districts.

(D) WOD Water Oriented Commercial District. A Water Oriented Commercial District is intended to be used only to provide for existing or future commercial uses adjacent to water resources that are functionally dependent on such close proximity.

(E) G General Use District. A general use district is intended to be used only for lands already developed or suitable for development with concentrated urban, particularly commercial, land uses. It should not generally be used on natural environment lakes or remote river classes. Several other intensive urban uses such as industrial and commercial planned unit development are allowed in this district if handled as conditional uses. G districts are all lands so designated on the lakeshore map.

(F) High water elevations.

(1) For Pioneer Lake (Basin #13-34) the lowest floor shall be 3 feet above either the highest known water level of Pioneer Lake or 3 feet above the lowest point of the road separating Pioneer and North Center Lake (Basin #13032) whichever provides the greatest degree of protection.

(2) For North Center Lake (13-32) and South Center Lake (Basing #13-27), the lowest floor shall be placed at or above the elevation 904.0, sea level datum.

(3) Exception. Boathouses shall normally meet the structure elevation requirements as outlined by 1001.11, 2, (a) and (b). However, the city may allow construction of a boathouse at a level no lower than the ordinary high water level of Pioneer, north Center and South Center Lakes if the boathouse is flood-proofed in accordance with the State Building Code.

(4) Lowest floor certification requirement, if a structure has been constructed or improved a location within a special flood hazard area (A-zone) as shown on the most current flood insurance map for the city, the permittee shall provide certification of the as-built elevation of the lowest floor of said structure. Such certification shall be made on forms provided by the City Clerk. The Zoning Administrator shall maintain a record of such elevations pursuant to Code of Federal Regulations.

(G) Grading and filling permits. Any grading and filling within the Shoreland District which involves the movement of more than 10 cubic yards but less than 100 cubic yards of earthen material shall not be conducted unless the Zoning Administrator has first issued a permit authorizing such activity. All grading and filling in excess of 100 cubic yards of earthen material shall not be conducted unless the City Council has established a conditional use permit in accordance with the city’s established conditional use permit process. All grading and filling including work involving less than 10 cubic yards which does not require a permit, is subject to the following standards and criteria:

(1) When reasonable alternatives exist fill must not be placed in any wetland area because these areas provide for nutrient and sediment entrapment for storm runoff prior to discharge into public bodies of water.

(2) All permits shall require that the permittee seed and mulch or sod exposed soils within a specified time period in order to prevent erosion from the site.

(3) No permit shall authorize the placement of fill below the ordinary high water level, of a public water, unless a permit from the Commissioner of Natural Resources has first been secured.

(4) Exceptions. No extra permit shall be required for basement excavations or similar construction activity which has been authorized by a valid building permit provided no more than 100 cubic yards of fill material are hauled to or from the building site and the building permit contains provisions for the implementation of erosion control measures consistent with division (2) above.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.06 MINIMUM LOT SIZE.

The lot area and width standards for single, duplex, triplex, and quad residential developments for Pioneer, North Center, and South Center Lakes are as follows:

(A) General development, no sewer.

Lot Area (square feet)
	Riparian lots	Non-riparian lots
Single	20,000	40,000
Duplex	40,000	80,000
Triplex	60,000	120,000
Quad	80,000	160,000
Lot width (feet)
Single	100	150
Duplex	180	265
Triplex	260	375
Quad	340	490

(B) General development, sewer.

Lot Area (square feet)
	Riparian lots	Non-riparian lots
Single	15,000	10,000
Duplex	26,000	17,500
Triplex	38,000	25,000
Quad	49,000	32,500
Lot width (feet)
Single	75	75
Duplex	135	135
Triplex	195	190
Quad	255	245

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.07 SHORELAND USES.

Within the designated Shoreland Districts, the following described uses are permitted uses (P); conditional uses (C); or prohibited uses (N):

(A) Lake classes in Special Protection Districts.

Uses	General Development
Forest management	P
Sensitive resource management	C
Agricultural: cropland and pasture	P
Agricultural feedlots	C
Parks and historic sites	C
Extractive use	C
Single residential	C
Mining of metallic minerals and peat	C

(B) Lake classes in Residential Districts.

Uses	General Development
Surface water-oriented commercial	P
**Commercial planned unit development	C
Public, semi-public	C
Parks and historic sites	C
Forest management	P

Uses	General Development
Commercial	P
**Commercial planned unit development	C
Industrial	C
Public, semi-public	P
Extractive use	C
Parks and historic sites	C
Forest management	P
Mining of metallic minerals and peat	C

**Limited expansion of a commercial planned unit development involving up to 6 additional dwelling units or sites may be allowed as a permitted use if in compliance with the respective parts of this chapter.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.08 RESIDENTIAL LOT PROVISIONS.

All single, duplex, triplex, and quad residential lots created hereafter shall meet or exceed the dimensions which follow.

(A) (1) Lots must not be occupied by any more dwelling units than indicated below. Residential subdivisions with dwelling unit densities exceeding those in the tables below may only be allowed if designed and approved as residential planned unit developments. The sewer lot area dimensions set forth below can only be used if publicly owned sewer system service is available to the property.

(2) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at both the ordinary high water level and at the building line.

(B) One guest cottage may be allowed on lots meeting or exceeding the duplex dimensions set forth below provided the following standards are met:

(1) For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex sized lot that could be created including the principal dwelling unit.

(2) A guest cottage may not cover more than 700 square feet of land surface and may not exceed a height of 15 feet.

(3) A guest cottage must be located or designed to reduce its visibility as viewed from the lake and adjacent shorelands by vegetation, topography, increased setbacks, color, or such other means as is approved by the city, assuming summer, leaf on conditions.

(C) Lots of record. Lots of record that do not meet the minimum area and width standards contained herein may be allowed as building sites without variances from the minimum lot size requirements provided:

(1) The use is permitted in the designated zoning district.

(2) The lot has been in separate ownership from abutting lands continuously since it was created.

(3) The lot was created in compliance with official controls in effect at the time of its creation.

(4) All sewage treatment and setback requirements contained herein are met.

(D) Variances. Any variances from setback requirements must be obtained before any use is made of, sewer treatment is provided to, or building permits are issued for the lot. In evaluating such variances, the Board of Adjustment shall consider sewage treatment and water supply capabilities and any constraints of the lots. The Board shall deny the variance if adequate facilities cannot be provided.

(E) Requirement. If in a group of 2 or more contiguous lots under common ownership any individual lot does not meet the minimum size and width requirements, the lot may not be considered as a separate parcel of land for the purpose of sale or development. The lot must be combined with 1 or more of the contiguous lots such that all of the lots meet the minimum size and width requirements to the greatest possible extent.

(F) Lots designated for private lake access. Lots expressly conveyed, designated, or dedicated as access to public waters for use by owners of non-lakeshore lots within a plat must meet the following standards:

(1) The lot must meet the minimum size and width for residential lots required herein, but must be of sufficient width to permit a vehicle and trailer to turn around and utilize such access in an area confined to the lot.

(2) The lot may be provided with a dock provided that not more than 6 boats or watercraft shall be permitted to be docked and/or beached at any given time. Boats or watercraft moored or attached to buoys shall be included in the maximum number here permitted.

(3) By incorporation, or by the formation of a legally created association, covenants shall be recorded which:

(a) Specify the ownership of the lot, make such ownership inseparable from the ownership of the benefitting lots, and shall provide that a conveyance of a benefitting lot shall include the attending interest in the access lot;

(b) Provide the means for maintenance of the lot and assessing and collecting the cost thereof;

(c) Provided a means for paying any and all real estate taxes, assessments, and any other charges levied against the lot and assessing same to the benefitting lots;

(d) Specify and enumerate all uses which may be made of the lot and those uses which are prohibited.

(4) The city may require that appropriate screening be constructed, installed, or planted and maintained to minimize the impact of the lot and its use as viewed from the public water.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.09 PLACEMENT AND HEIGHT OF STRUCTURES AND FACILITIES ON LOTS.

(A) Setback requirement. When more than 1 setback requirement applies to a site, structures and facilities must be located to meet the most stringent setback.

(B) Exceptions to structure setbacks - lots of record. Where structures exist on the adjoining lots on both sides of a building site, the structure setbacks may be decreased without a variance to conform to the adjoining setbacks; provided the proposed building site is not in a shore impact zone or bluff impact zone.

(C) High water elevations. In addition to the setback requirements set forth above, all structures must be placed at an elevation consistent with the city floodplain controls; where no reliable data exists, the elevation of the lowest floor of a structure, including a basement, is determined as follows:

(1) The lowest floor level must be not less than 3 feet above the highest known water level, or the established ordinary high water mark, whichever is higher.

(2) Water oriented accessory structures may have the lowest floor located lower than the level cited in the next preceding section if the structure is constructed of flood resistant materials up to the required elevation, all electrical and mechanical equipment is placed above that elevation, and if flooding is anticipated, the structure is constructed to withstand wave action and damage from ice and floating debris.

(D) Bluff impact zones. Structures and accessory facilities, except stairways, lifts, and landings may not be placed within a bluff impact zone.

(E) Steep slopes. No sewage treatment system, road, driveway, structure, or other permanent improvement shall be permitted on a steep slope except by conditional use permit. Considerations for such a permit shall include the prevention of erosion; the preservation of existing vegetation, and the screening of structures; and the use and parking of vehicles and other attending facilities as viewed from the surface of the adjacent lake, assuming summer, leaf on vegetation.

(F) Cemeteries and historic sites.

(1) No structure may be placed nearer than 50 feet from the boundary of a cemetery or burial ground protected under M.S. Chapter 307 without first receiving written approval from the office of the Minnesota State Archaeologist.

(2) No structure may be placed on a significant historic site designated under M.S. § 138 without first obtaining the written approval of the local, state, or federal agency or department having jurisdiction over the site.

(G) Roads and highways. No structure may be placed nearer than 50 feet from the right-of-way line of any federal, state, or county highway, or 20 feet from the right-of-way line of any town road or public street.

(H) Height restrictions. No structure hereafter erected in a residential district shall exceed 25 feet in height, except churches, public buildings for which a conditional use permit has been issued, and agricultural structures.

(I) Accessory structures and facilities. All accessory structures and facilities must meet the setback standards set forth herein, except that a residential lot may have 1 water oriented accessory structure or facility within a setback, provided:

(1) The structure or facility does not exceed 10 feet in height, excluding safety rails, and does not occupy an area greater than 250 square feet, except that such a structure or facility used solely for watercraft storage, including the storage of related boating and water oriented sporting equipment may occupy an area not exceeding 400 square feet, provided that the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline;

(2) Detached decks may not exceed 8 feet above grade at any point;

(3) The structure or facility is setback not less than 10 feet from the ordinary high water mark;

(4) The structure or facility is treated to reduce its visibility as viewed from the public water and adjacent shorelands by vegetation, topography, an increased setback, or color, assuming summer, leaf on conditions;

(5) The roof of the structure may be used as a deck with safety rails which may not be enclosed and may not be used for storage; and

(6) The structure or facility is not designed for habitation and does not contain or otherwise have available either water supply or provisions for the disposition of sewage.

(J) Structure setbacks. The setback requirements contained in the following table shall be the minimum setbacks, except for water oriented accessory structures and facilities regulated under division (I):

(1) Structure setback standards.

Class	Ordinary high water level setback (feet)		Setback from top of bluff (feet)
	Unsewered	Sewered
General development	75	50	30

(K) Stairways, lifts and landings. Access up and down bluffs and steep slopes shall be stairways or lifts meeting the following requirements, unless a variance is granted:

(1) Stairways and lifts must not exceed 4 feet in width on residential lots; wider stairways for which express approval has been obtained in writing may be used for commercial properties, public open space recreational properties, and planned unit developments.

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

(3) No canopies, roofs, or other coverings shall be allowed on stairways, lifts, or landings.

(4) Stairways, lifts, and landings may be constructed above the ground on posts or pilings, or placed into the ground, provided that either is designed, constructed, and maintained in a manner that does not unreasonably disrupt existing topography and insures the control of soil erosion.

(5) Stairways, lifts, and landings shall be located in the most visually inconspicuous portion of a lot as viewed from the surface of the public water, assuming summer, leaf on conditions, taking into consideration topography, existing or required vegetation, and soil erosion.

(6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons may be approved by a conditional use permit under Chapter 1340 of the Minnesota Rules, provided there is compliance, to the extent possible, with the standards of this section.

(L) Decks. All decks must meet the structure setback standards set forth herein, except:

(1) Decks permitted upon an accessory structure under division (J); and

(2) A deck that would not meet the setback requirements herein may be added to a structure existing on the effective date of this chapter if:

(a) Thorough evaluation of the property and the existing structure reveals that there is no other reasonable location for a deck which meets or exceeds the minimum setback; and

(b) The deck encroachment toward the public water does not exceed 15% of the existing distance between the existing structure and the ordinary high water mark, or does not encroach closer than 30 feet, whichever is more restrictive; and

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.10 SHORELAND AND VEGETATION ALTERATIONS.

(A) Any alteration of a shoreland, or the vegetation contained thereon, shall meet the requirements set forth below, except the following:

(1) Shoreland and vegetation alterations, including excavations, necessary for the construction of structures and sewage treatment systems pursuant to validly issued permits, provided that the conditions regulating grading and filling herein are complied with.

(2) Any alterations expressly authorized by a separate permit.

(3) Public roads and parking areas.

(B) (1) A permit shall be required and obtained prior to:

(a) Any alteration, excavation, grading, or filling on a steep slope or within a shore impact zone, or bluff impact zone, involving the movement of more than 10 cubic yards of material; or

(b) Anywhere else in a shoreland area involving the movement of more than 50 cubic yards of material.

(2) In issuing any such permit, the following considerations shall be addressed:

(a) If the land involved includes a wetland, whether a permit or other approval is required by any local, state, or federal agency; and

(b) Sediment and pollutant trapping and retention; storage of surface runoff to prevent or reduce flood damage; fish and wildlife habitat; recreational use; shoreline or bank stabilization; or noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

(C) Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.

(D) Mulches or similar materials shall be used where necessary for temporary bare soil coverage and a permanent vegetation cover must be established as soon as possible.

(E) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used.

(F) Altered areas shall 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.

(G) Fill or excavated material shall not be placed in a manner that creates an unstable slope.

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

(I) Fill or excavated material shall not be placed in bluff impact zones.

(J) Any alterations below the ordinary high water level of public waters shall first be authorized by the commissioner under M.S. § 103G.245.

(K) Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

(L) 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 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet.

(M) All alterations or excavations where the intended purpose or result of which is the connection to or extension of a public water such as boat slips, canals, lagoons, and harbors require a conditional use permit. Each conditional use permit shall be conditioned upon the prior approval of the Commissioner of the Department of Natural Resources. However, the city reserves the right to independently evaluate all conditions relevant to the consideration by the Department of Natural Resources and to impose additional conditions to any such permit.

(N) The removal or alteration of vegetation shall comply with the following standards, except as modified by the sections regulating forest management uses and agricultural uses below:

(1) In a shore impact zone, bluff impact zone, or on a steep slope:

(a) Intensive vegetation clearing is prohibited.

(b) The limited clearing of trees and shrubs and the cutting, pruning and trimming of trees to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, permitted water oriented accessory structures or facilities, and for providing a view to the water from the principal dwelling site is permitted provided that the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf on conditions, is not substantially reduced.

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

(3) Use of fertilizer and pesticides in the Shoreland Management District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both, unless prohibited by state law or regulation.

(O) In conjunction with the issuance of a building permit for a new principal structure, a replacement principal structure or for any excavation, alteration, filling, or grading requiring a permit herein, and considering existing topography and vegetation upon the lot involved, the city may require:

(1) That the owner of the lot construct a berm along or near the shoreline to prevent sediments, fertilizer, and/or pesticides from draining directly into the lake; or

(2) That the owner agree in writing, in recordable form, to retain a strip of land near or along the lakeshore of natural, uncut grasses and vegetation for such purpose in accordance with such standards as are recommended by the local Soil and Water Conservation Department.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.11 PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS, AND PARKING AREAS.

Public and private roads, driveways, and parking areas shall be designed to take advantage of natural or planted vegetation and topography to achieve maximum screening from view from public waters, and shall be designed and constructed to minimize and control erosion to public waters, consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. Additionally:

(A) Roads, driveways, and parking areas shall meet the setbacks for structures set forth herein and shall not be placed within bluff impact zones or shore impact zones where other reasonable and feasible placement alternatives exist. If no such alternatives exist, they must be designed to minimize adverse impacts.

(B) Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones, provided that the vegetative screening and erosion control conditions of this section and the grading and filling provisions of M.S. § 150.58 are met.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.12 AGRICULTURAL USE STANDARDS.

Lands used for agricultural uses shall be subject to the following requirements:

(A) The shore impact zone shall be measured from a line lying 50 feet from and running parallel to the ordinary high water level.

(B) General cultivation farming, grazing, nurseries horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes, shore impact zones, and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the technical guides of the local soil and water conservation service.

(1) Each feedlot shall first be approved by the Minnesota Pollution Control Agency.

(2) New feedlots shall not be permitted within 1,000 feet of a shoreland, river, or creek or upon a steep slope or in a bluff impact zone.

(3) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level of any public water or within a bluff impact zone or upon a steep slope are permitted provided that drainage from the feedlot does not flow towards the public water and that they do not further encroach to or upon a bluff impact zone or steep slope.

(4) Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.13 FOREST MANAGEMENT STANDARDS.

The harvesting of timber, reforestation, or the conversion of forested use to a non-forested use shall comply with the following standards:

(A) Timber harvesting and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-point Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota.”

(B) Forest land conversion to another use shall require a conditional use permit which shall:

(1) Prohibit the clearing of vegetation in shore impact zones and bluff impact zones;

(2) Require an erosion and sediment control plan approved by the soil and water conservation office; and

(3) Prohibit or control the use of fertilizer, pesticides, or animal wastes within any shorelands within 1,000 feet from the lake shore to minimize the impact on the shore impact zone or public water.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.14 EXTRACTIVE USE STANDARDS.

Any extractive use within a shoreland area shall require an interim use permit, which shall address and regulate, at minimum, the following conditions:

(A) No processing machinery shall be located within the setback standards for structures from the ordinary high water mark or upon a bluff, or within a bluff impact zone.

(B) The approval of a development, restoration end use plan, including original and end use topographic maps, addressing dust, noise, any pollutant discharges, hours and duration of operation, vegetation and topographic alterations, the mitigation of adverse environmental impacts, erosion, and the use, impact upon, and maintenance and/or improvements of local roads. The end use map shall show the final contours of the area, the replacement of topsoil and vegetation.

(C) The city may require such security, in such form, as it deems appropriate to assure compliance with the conditions of the interim use permit and compliance with the end use plan.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.15 STANDARDS FOR COMMERCIAL, INDUSTRIAL, PUBLIC, AND SEMI-PUBLIC USES.

Surface water-oriented commercial uses and industrial, public or semipublic uses in need of access to and the use of public waters may be located on riparian lots upon the following conditions:

(A) They shall comply with all other applicable provisions of this chapter.

(B) They shall be designed to incorporate topographic and vegetative screening of parking areas and structures.

(C) Uses that require the docking or mooring of watercraft shall reasonably concentrate these facilities, design them to avoid obstructions to navigation and be the minimum size necessary to meet the need.

(D) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, provided they comply with the following standards:

(1) No advertising signs or supporting facilities for such signs may be placed in or upon public waters. However, signs conveying information or safety messages may be placed in or upon public waters by a public authority or under a permit issued by the County Sheriff.

(2) Signs may be placed within the shore impact zone provided they are designed and sized to be the minimum necessary to convey needed information. That information shall be limited to the location and name of the establishment and the general types of goods or services available. The signs shall not contain nonessential information such as product brands or prices.

(3) As viewed from the public waters, no sign shall exceed 32 square feet, or shall the top of any sign exceed 10 feet above the ground where it is located.

(4) If any sign is illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

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

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.16 STORMWATER MANAGEMENT.

In any review, approval, or permit process, the following general and specific standards shall be addressed:

(A) When possible, existing natural drainage ways, wet lands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

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

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

(D) Impervious surface coverage of lots shall not exceed 25% of the lot area.

(E) When constructed facilities are used for stormwater management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

(F) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.17 MINING OF METALLIC MINERALS AND PEAT.

The mining of metallic minerals and/or peat shall require an interim use permit and shall require compliance with the provisions of M.S. Chapter 93.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.18 SANITARY PROVISIONS.

(A) Water supply.

(1) Any public or private supply of water for domestic purposes shall meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

(2) Private wells shall be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.

(B) Sewage treatment.

(1) Any premises used for human occupancy shall be provided with an adequate method of sewage treatment.

(2) Publicly owned sewer systems shall be used where available.

(3) All private sewage treatment systems shall meet or exceed applicable rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080 for individual sewage treatment systems, and any applicable local government standards.

(4) On-site sewage treatment systems shall be set back from the ordinary high water level in accordance with the following table:

Sewage Treatment System Setback Standards
Class	Setback from ordinary high water level (feet)
General development	50'

(5) The city contains no known on-site sewer systems. In the event any land is annexed to the city in the future containing parcels served by on-site sewer systems, and depending upon the availability and/or the extension of the municipal sewer lines either by agreement with the owners of the land being annexed or by the enforcement of the city ordinances requiring residents to connect to the city municipal sewer system, a plan shall be developed to connect such properties to the municipal sewer system. In the event it appears from the plan that any such lot will not be connected to the municipal sewer system within 5 years from the date of the annexation, the on-site sewer system upon any such lot shall be inspected. In the event such system is then, or thereafter, polluting or contaminating the groundwater, surface waters, or the public waters, or otherwise constitutes a nuisance, such system shall be brought into compliance with the provisions of this chapter.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.19 SUBDIVISION REGULATIONS.

(A) Each lot created through subdivision shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis shall include consideration of susceptibility to flooding; existence of wetlands, soil and rock formations with severe limitations for development, or severe erosion potential; steep topography; inadequate water supply or sewage treatment capabilities; near shore aquatic conditions unsuitable for water based recreation; important fish and wildlife habitat; presence of significant historic sites; or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city.

(B) The subdivision of any land that will create 2 or more lots, any of which is less than 10 acres in size, shall require platting under the subdivision regulations of the city. This section will not apply to:

(1) The subdivision and conveyance of a part of 1 lot of record where the conveyance is to enlarge an existing lot of record; the remaining parcel meets the minimum lot size and area requirements of this chapter; and the parcel conveyed is not itself a buildable lot.

(2) The conveyance of a parcel condemned by or deeded to a public authority to be used for public purposes.

(C) All lots created by any subdivision shall comply with this and other ordinances of the city. Where more than 1 standard is applicable to a subdivision, or to any lot therein, the more restrictive standard shall control.

(D) Subdivisions shall not be permitted that allow or require on-site sewer systems. This restriction shall not prohibit the approval of subdivisions when due to the immediate unavailability of the city sewer system, the lots in a plat are sized as if the sewer system were available, purchasers are required to acquire a sufficient number of the lots to accommodate an on-site sewer system and required to build upon 1 of the lots meeting all other standards of this chapter and other ordinances, so that at the time the city sewer system is available, all of the lots can be developed as if the sewer system were originally available. When permitted, all of the lots originally acquired by a purchaser shall be treated as a single lot, and shall comply with all of the provisions of this chapter and applicable ordinances.

(E) An application for a preliminary plat shall include the following:

(1) Topographic contours at not less than 10 foot intervals; provided that if the topography is critical in determining compliance with the provisions of this chapter, the city may require a topographic map having intervals of less than 10 feet;

(2) The surface water features required in M.S. § 505.02(1);

(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; and

(5) Location of 100-year floodplain areas from existing maps or data.

(F) The city may require a conveyance or dedication of land for easements for ponding and the natural drainage of surface water and the management of wetlands.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.20 PLANNED UNIT DEVELOPMENT.

(A) Land use district designation. Planned unit developments may be located in the RD district by conditional use permit. Any conditional use permit shall include consideration of the following factors:

(1) Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;

(2) Physical and aesthetic impacts of increased density, the parcel being developed and surrounding lands;

(3) Suitability of lands for the planned unit development approach;

(4) Level of current development in the area; and

(5) Amounts and types of ownership of undeveloped lands.

(B) Information requirements. An application for a conditional use permit for a planned unit development shall include, but not be limited to:

(1) A site plan for the project showing property boundaries, surface water features, existing and proposed structures, sewage treatment systems, topographic contours at 10 foot intervals or less, and other facilities; and

(2) Documents that explain how the project will be designed and how it will function, including but not limited to all covenants, easements, floor plans for structures, any other relevant drawings and a concept statement describing the physical project and all proposed uses.

(C) Site density evaluation. Proposed planned unit developments shall be evaluated using the following procedures and standards:

(1) The project parcel must be divided into tiers by locating 1 or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:

Shoreland Tier Dimensions
	Unsewered	Sewered
General development lakes (first tier)	200
General development lakes (second and additional tiers)	267

(2) The area within each tier is next calculated, excluding all wetlands, bluffs, or land below the ordinary high water level of public waters. This area is then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

(D) Residential planned unit development density evaluation steps and design criteria. Review of the proposed development shall be subject to the following steps and design criteria:

(1) The area within each tier is divided by the single residential lot size standard for lakes, the single residential lot width standard times the tier depth unless the local unit of government has specified an alternative minimum lot size which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with these data and map of the evaluation. Local governments may allow some dwelling unit or site density increases for residential planned unit developments above the densities determined in the evaluation if all dimensional standards in §§ 150.55 through 150.60 inclusive are met or exceeded. Maximum density increases may only be allowed if all design criteria in division (D)(3) below are also met or exceeded. Increases in dwelling unit or site densities must not exceed the maximums in the following table. Allowable densities may be transferred from any tier to any other tier further from the shoreland water body or watercourse, but must not be transferred to any other tier closer.

Maximum Allowable Dwelling Unit or Site Density Increases for Residential Planned Unit Developments
Density Evaluation Tiers	Maximum Density Increase Within Each Tier (%)
First	50
Second	100
Third	200
Fourth	200
Fifth	200

(2) All residential planned unit developments shall contain at least 5 dwelling units or sites.

(3) Residential planned unit developments shall contain open space meeting all of the following criteria:

(a) At least 50% of the total project area shall be preserved as open space;

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

(c) Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

(d) Open space shall include outdoor recreational facilities for use by owners of the dwelling units or sites, or the public;

(e) The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50% of the shore impact zone area of existing developments or at least 70% of the shore impact zone area of new developments shall be preserved in their natural or existing state;

(f) Open space shall not include commercial facilities or uses, but shall contain water oriented accessory structures or facilities;

(g) The appearance of open space areas including topography, vegetation, and allowable uses shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means;

(h) Open space shall include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

(4) Centralization and design of facilities and structures shall be in accordance with the following standards:

(a) Residential planned unit developments shall be connected to publicly owned water supply and sewer systems if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency. On-site sewage treatment systems must be located on the most suitable areas of the development and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.

(b) Dwelling units or sites must be clustered into 1 or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features and maximum height. Setbacks from the ordinary high water level must be increased for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.

(c) Shore recreation facilities including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed 1 for each allowable dwelling unit or site in the first tier. Launching ramp facilities including a small dock for loading and unloading equipment may be provided for use by occupants of dwelling units or sites located in dwelling units or sites located in other tiers.

(d) Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf on conditions.

(e) Water oriented accessory structures and facilities shall be allowed if they meet or exceed design standards contained herein and are centralized.

(f) Accessory structures and facilities shall be allowed if they meet or exceed standards herein and are centralized.

(5) Erosion control and stormwater management for residential planned unit developments shall comply with the following requirements:

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

(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff.

(6) Before final approval of a residential planned unit development, the applicant must ensure that adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community.

(a) Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections: commercial uses prohibited; vegetation and topographic alterations other than routine maintenance prohibited; construction of additional buildings or storage of vehicles and other materials prohibited; and uncontrolled beaching prohibited.

(b) Unless an equally effective, alternative community framework has been established and approved by the city, all residential planned unit developments must use an owners association with the following features: membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; each member must pay a pro rata share of the association’s expenses and unpaid assessments can become liens on units or sites; assessments must be adjustable to accommodate changing conditions; and the association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

(E) Commercial planned unit development density evaluation steps and design criteria. The following density evaluation steps and design criteria for commercial planned unit developments must comply with the following:

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

(2) (a) Select the appropriate floor area ratio from the following table:

Commercial Planned Unit Development
Average Unit Floor Area (sq.ft.)	Lakes; Urban, Agricultural, Tributary River Segments
1,000	.108
1,100	.116
1,200	.125
1,300	.133
1,400	.142
1,500	.150

(b) For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if known, the ratio listed for 1,000 square feet.

(3) Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

(4) Divide the area computed in division (E)(3) above by the average determined in division (E)(1). This yields a base number of dwelling units and sites for each tier.

(5) Determine whether the project is eligible for any additional density increases. To be eligible, projects must meet all of the design standards and exceed 1 or more of them. The local unit of government may decide how much, if any, increase in density to allow for each tier, but must not exceed the maximum allowable density increases listed in the following table:

Maximum Allowable Dwelling Unit or Site Density Increases for Commercial Planned Unit Developments
Tier	Maximum density increase within each tier
First	50
Second	100
Third	200
Fourth	200
Fifth	200

(6) Allowable densities may be transferred from any tier to any other tier further from the shoreland lake but must not be transferred to any other tier closer.

(7) Commercial planned unit developments must contain open space meeting all of the following criteria:

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

(b) Dwelling units or sites, road rights-of-way or land covered by road surfaces or parking areas, except water oriented accessory structures or facilities are developed areas and should not be included in the computation of open space.

(c) Open space shall include areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries.

(d) All shore impact zones within commercial planned unit developments shall be included as open space and at least 50% of these areas must be preserved in their natural or existing state.

(e) Open space shall include outdoor recreation facilities for use by guests staying in dwelling units or sites or the public.

(f) Open space shall include subsurface sewage treatment systems if use of the space is restricted to avoid adverse impacts on the systems.

(8) Design of structures and facilities shall be in accordance with the following standards:

(a) Commercial planned unit developments must be connected to publicly owned water supply and sewer systems if available. On-site water supply and sewage treatment systems must be designed and installed to meet or exceed applicable rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency. On-site sewage treatment systems must be located on the most suitable areas of the development and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system.

(b) Dwelling units or sites must be located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above surface water features and maximum height. Maximum density increases may only be allowed if structure setbacks from the ordinary high water level are increased to at least 50% greater than the minimum setback or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or other means acceptable to the local unit of government and the setback is at least 25% greater than the minimum setback.

(c) Structures, parking areas, and other facilities must be designed and located in a manner that minimizes their visibility from surface water features, assuming summer, leaf on conditions. The structure, dwelling unit, accessory structure, or parking area must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased set backs, color, or other means acceptable to the local unit of government assuming summer, leaf on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

(d) Water oriented accessory structures and facilities may be located within shore impact zones if they meet or exceed design standards contained herein.

(e) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock, or other relevant factors. The number or watercraft allowed to be continuously beached, moored, or docked must not exceed 1 for each allowable dwelling unit or site in the first tier, notwithstanding existing mooring sites in an existing harbor. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

(9) Erosion control and stormwater management for commercial planned unit developments shall comply with the following requirements:

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

(b) Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the tier area, except 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with M.S. § 150.59.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.21 ADMINISTRATION.

(A) Variances. Variances may only be granted in accordance with M.S. Chapter 462. They may not circumvent the general purposes and intent of the official controls. No variance may be granted that would allow any use that is not permitted in the zoning district in which the subject property is located. Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest. In considering variance requests, boards of adjustment must also consider whether property owners have reasonable use of the lands without the variances, whether existing sewage treatment systems on the properties need upgrading before additional development is approved, whether the properties are used seasonally or year round, whether variances are being requested solely on the basis of economic considerations and the characteristics of development on adjacent properties.

(B) Conditional uses. In addition to any existing standards the city may have for reviewing conditional uses, the following standards must be incorporated into local controls and used for reviewing conditional uses located in shoreland areas:

(1) A thorough evaluation of the topographic, vegetation, and soil conditions on the site to ensure:

(a) Prevention of soil erosion or other possible pollution of public waters, both during and after construction.

(b) Limiting visibility of structures and other facilities as viewed from public waters.

(2) An assessment of the types, uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft.

(C) Conditions. Local governments may impose conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location, design, or use; location, design, and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use, and location; phasing of construction; and other conditions considered necessary by the local unit of government.

(D) Interim uses. Interim uses shall be permitted in compliance with the law governing same.

(E) Notification procedures.

(1) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed plats must include copies of the plats.

(2) A copy of amendments and plats and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within 10 days of final action.

(F) Zoning Administrator.

(1) The City Council shall appoint a Zoning Administrator, who shall serve at the pleasure of the Council.

(2) The Zoning Administrator shall enforce the provisions of this chapter, and, in addition thereto and in furtherance thereof, shall:

(a) Accept applications for, process, and issue permits upon the fulfillment of all requirements necessary therefore, and shall make and maintain records thereof.

(b) Supervise the inspection of buildings and uses of land to determine compliance with the terms and requirements of this chapter.

(c) Maintain current and permanent records of the adoption, implementation, and enforcement of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, interim uses, and appeals relating to this chapter.

(d) Institute in the name of the city, after receiving approval of the City Council for court proceedings, any appropriate action or proceedings against any person violating the requirements of this chapter, otherwise necessary to enforce same.

(G) Variances.

(1) Purpose. Where it is found that extraordinary and unnecessary hardships may result from strict compliance with this chapter, variances may be granted, provided that such variances will not have the effect of nullifying the intent and purpose of this chapter, the City Comprehensive Plan, the official map, or other development regulations.

(2) Application for variance. An application for a variance shall be filed with the Zoning Administrator, stating and showing the exceptional conditions and/or unusual difficulties claimed, including the legal description of the parcel involved, and any surveys, maps, photographs, or other documents clearly showing the nature and extent of the variance requested, and all reasons or justifications therefore.

(3) Referral to Board of Adjustment. The application shall be referred to the Board of Adjustment and shall be set on for a hearing before that Board. At the hearing, the Board may request additional information deemed essential to make a decision on the requested variance. Within 35 days following the date of the hearing, or following the date of a continued hearing to consider additional information, the Board of Adjustment may deny, approve, or approve with conditions the variance requested.

(4) Public hearing held. Within 40 days of receipt of the application for a variance, the Board of Adjustment shall hold a public hearing upon the request, giving the applicant written notice of the time and date of the hearing, and publishing such notice not less than 10 days prior to the hearing.

(5) Factors to be considered.

(a) A variance shall be granted from the literal provisions of this chapter only in instances where their strict enforcement would cause undue hardship because of circumstances unique to the parcel under consideration, which circumstances shall not have been caused by the owner or applicant, and where such variance will be in keeping with the spirit and intent of this chapter. UNDUE HARDSHIP means the property in question cannot be put to a reasonable use if used under conditions allowed by this chapter, the variance will not alter the essential character of the locality, and the variance is not based solely on economic considerations.

(b) A variance may not be granted for a use which is not permitted in the district in which the parcel in question is located.

(6) Denial of application. The denial of an application for a variance shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of 1 year from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustment.

(7) Violation of stated condition. A violation of any stated condition attached to a variance shall be a violation of this code, and in addition, shall constitute grounds for the termination of the variance.

(8) Time within which to exercise a variance. A variance shall become null and void 1 year after the date upon which it was granted unless the variance is fully implemented and the conditions met. The Board of Adjustment may expressly extend the time within which the use may be implemented and the conditions met at the time of the granting of the original variance if so requested and the reasons are justified.

(H) Conditional use permit.

(1) Application. Whenever this chapter requires a conditional use permit, an application therefore in writing shall be filed with the Zoning Administrator.

(2) Contents of application. The application shall be accompanied by a site plan of the proposed use showing such information as may be necessary or desirable, including but not limited to the following:

(a) Site plan drawn to scale showing parcel and building dimensions.

(b) Location of all existing and proposed buildings and their square footages, and the distance of such buildings from the boundaries of the parcel involved.

(d) Curb cuts, driveways, access roads, parking spaces, and off-street loading areas.

(e) Existing topography.

(f) Finished grading and drainage plan.

(g) The type of business or activity and the proposed number of employees.

(h) Proposed floor plan of any building with use or uses indicated.

(i) Existing and proposed sanitary sewer, storm sewer, and water plan with estimated use per day.

(j) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made a part of the permit application.

(k) A location map showing the general location of the proposed use within the city.

(l) The conditions giving rise to the need for a special use permit, together with the reasons supporting the issuance thereof.

(m) The names and addresses of property owners within 300 feet of the boundary of the subject property.

(3) Referral to Commission. The application and required information shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood.

(4) Public hearing. Within 40 days after filing an application, a date shall be set for a hearing thereon by the Planning Commission. Notice of such hearing shall be mailed not less than 10 days before the date thereof to the applicant and to each property owner situated wholly or in part within 300 feet of the boundary of the property to which the special use permit relates, insofar as the names and addresses can be determined from the City Clerk/Treasurer or the County Auditor from records available to the public.

(5) Recommendation of Planning Commission. The Planning Commission shall forward its findings and recommendations to the City Council within 35 days from the date of the hearing.

(6) City Council action. The City Council shall consider the advice and recommendation of the Planning Commission and the effects of the proposed use upon the health, safety, and welfare of the city and of the occupants of the immediate neighborhood. Should the City Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, or general welfare of the community, it may grant a special use permit, specifying the location and the use requested, together with such conditions attached thereto as are deemed appropriate.

(7) Periodic review. The City Council may require a periodic review of the permit and the conditions attached thereto to be made by the Zoning Administrator.

(8) Revocation. A violation of any condition set forth in a special use permit shall constitute a violation of this chapter, and constitute grounds for the immediate termination of the permit.

(9) Purpose for which issued. A special use permit shall be issued for a particular use of a structure and/or parcel, and shall not be deemed issued to a particular person or firm.

(10) Special use permit voided. A special use permit issued hereunder shall become void 1 year after the date upon which it was granted, unless the permit is fully implemented and the conditions attached thereto fully met; provided, that the Council may expressly extend the period of time within which a special use permit may be implemented and the conditions met at the time of issuance of the original special use permit, if requested to do so and the grounds for the request justify such an extension.

(11) Appeals. Any person adversely affected by a decision to grant or deny a special use permit may appeal the decision to the District Court within 30 days following the date of the decision; provided, that the applicant, and any interested person desiring a copy of the decision who leaves their name and address with the Zoning Administrator, for that purpose, may appeal the decision within 35 days following the date of mailing of the decision.

(I) Interim uses.

(1) The City Council may issue an interim use, under and pursuant to M.S. § 462.3597.

(2) The procedure for issuing an interim use permit shall be the same as that for issuing a conditional use permit, under division (C) above.

(3) An interim use permit may be granted only if:

(a) The use is a permitted use or a conditional use in the district in which the property is located; provided, that a proposed use may be granted such a permit where the use is not incompatible with the permitted and conditioned uses allowed in the district, as determined by the Council, and the use otherwise complies with the requirements of this chapter;

(b) The use will terminate on a date certain, or the use will terminate on the occurrence of an event which can be identified with certainty;

(c) Permitting the use will not impose additional costs on the public if it is necessary for the public to take the property upon which the use is conducted in the future;

(d) The use does not run with the land, and may not be transferred, assigned nor conveyed, unless expressly permitted in the interim use permit;

(e) The applicant and/or owner of the parcel agrees to all terms and conditions set forth in the interim use, verifying that consent by signing the interim use permit;

(f) The interim use permit is recordable in the office of the County Recorder of the county; and

(g) The City Council may require such security as is deemed appropriate to assure the termination of the interim use on the date, or upon the occurrence of the event which terminates the use.

(4) An interim use may be terminated:

(a) In the event of a violation of any of the conditions stated in the permit; or

(b) By an amendment of the zoning regulations, which renders the interim use incompatible with the provisions of the amendment.

(J) Amendment of chapter.

(1) Authority. The provisions of this chapter may be amended by the City Council.

(2) Initiation for amendment. The City Council or the Planning Commission may, upon their own motion, initiate an amendment to the text of this chapter or the official map of the city; or any person owning real estate may petition the Council to amend the text of this chapter or amend the official map of the city in such a manner as to affect his or her real estate or a larger parcel which includes his or her real estate.

(3) Application for amendment. All petitions or requests for amendments shall be filed with the Zoning Administrator. When the application involves the changing of zoning districts and boundaries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed, type of soil, and all lands and uses made thereof within 400 feet of the boundaries of the property proposed to be rezoned, together with a certified list of the names and addresses of the owners of the land in the entire area mentioned.

(4) Referral to the Planning Commission. All petitions or requests for amendments shall be referred to the Planning Commission which shall hold an official public hearing within 60 days of the date of filing such petition.

(5) Notice. The Zoning Administrator shall cause to be published a notice of public hearing in the official newspaper of the city at least 10 days but not more than 30 days prior to the date of the hearing.

(6) Action by the Planning Commission.

(a) If the request is for a district change of a single parcel, notices of the time, place, date, and purpose of the hearing shall be mailed to all owners of property within 300 feet of the affected parcel not less than 10 days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive notice shall not invalidate any such proceeding on the application.

(b) If, at the hearing, the Planning Commission determines that additional information or documentation is required, the applicant shall be so notified to obtain such information or documentation; the hearing shall be continued to a date certain to permit the applicant to comply.

(c) Upon receipt of all required information, and completion of the hearing process, the Planning Commission shall make its recommendation to the City Council within 35 days thereafter, unless the applicant consents to an extension of this period of time.

(7) Action by the City Council.

(a) If the City Council determines that it has insufficient information to act on the application, the Council may remand the matter to the Planning Commission, for further hearing.

(b) If the City Council determines that all relevant information has been obtained by the Planning Commission, the City Council shall act upon the recommendation of the Planning Commission, either approving or denying the application, within 35 days of the receipt of the recommendations of the Planning Commission.

(c) If the Planning Commission approves the application, the findings and order of the Council shall be submitted to the Zoning Administrator and same shall be incorporated into the official copy of the ordinances of the city and duly published and recorded, and thereafter implemented by the Zoning Administrator.

(8) Amendments do not modify the boundaries of a district.

(a) Amendments to the text of this chapter may be initiated by the City Council, the Planning Commission, or an interested property owner, by submitting an application, in writing, to the Zoning Administrator setting forth the proposed amendment. The proposed amendment shall be submitted to and set on for a hearing before the Planning Commission. Notice of the proposed amendment, or a summary thereof, and the time, place, and date of a hearing before the Planning Commission shall be published not less than 10 days prior to the hearing by the Planning Commission. If additional information or documentation is required, the Planning Commission may continue the hearing to a date certain to gather or receive such information or documentation.

(b) Following completion of the hearing process, the Planning Commission shall recommend its findings and determination to the City Council. Upon the recommendations and determinations of the Planning Commission, the Council may approve or deny the proposed amendment. In the event the Council modifies the proposed amendment, the Council may not adopt the modified amendment until 15 days following the meeting of the Planning Commission in which the Planning Commission has had an opportunity to review the modified amendment.

(Ord. 2011-06-07A, passed 6-7-2011)

Center City City Zoning Code

CHAPTER 229

SL SHORELAND MANAGEMENT OVERLAY DISTRICT

§ 229.01 PURPOSE.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.02 AREA GOVERNED.

(B) Given the present boundaries of the city, all land within the city is included in the Lakeshore Management District.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.03 EXISTING LAKE CLASSIFICATIONS.

(A) The present city limits of the city are bounded by or include parts of the following lakes, all presently classified as general development lakes:

(1) Pioneer Lake.

(2) North Center Lake.

(3) South Center Lake.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.04 POLICIES UNDERLYING LAKESHORE REGULATIONS.

(B) The reservation of areas suitable for residential development from encroachment by commercial and industrial uses.

(C) The centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial development.

(D) The management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas.

(E) The protection of valuable agricultural lands from conversion to other uses.

(F) The preservation and enhancement of the quality of water based recreational use of public waters including provisions for public accesses.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.05 LAKESHORE MANAGEMENT DISTRICTS.

(1) All of Blocks 10, 11, and 12, of the plat of Kavanagh and Schulze’s First Addition to Center City.

(2) Outlot #1 of F. G. Loren’s Addition to Center City.

(3) All of Lots A and B of Kavanagh and Schulze’s First Addition to Center City (including that part of Lot A subsequently platted as Loren’s Subdivision of Lot A).

(4) An historical district, consisting of the following lands:

(a) The West Half of Lot 6, and all of Lots 7-14, inclusive, in Block 1; and all of Blocks 3 and 6; all in Kavanagh and Schulze’s First Addition to Center City.

(b) The Swedish Church property which is bordered by Summit Avenue on the west, Lindeke Place on the south and east, and Louise Avenue on the north.

(F) High water elevations.

(2) For North Center Lake (13-32) and South Center Lake (Basing #13-27), the lowest floor shall be placed at or above the elevation 904.0, sea level datum.

(2) All permits shall require that the permittee seed and mulch or sod exposed soils within a specified time period in order to prevent erosion from the site.

(3) No permit shall authorize the placement of fill below the ordinary high water level, of a public water, unless a permit from the Commissioner of Natural Resources has first been secured.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.06 MINIMUM LOT SIZE.

The lot area and width standards for single, duplex, triplex, and quad residential developments for Pioneer, North Center, and South Center Lakes are as follows:

(A) General development, no sewer.

Lot Area (square feet)
	Riparian lots	Non-riparian lots
Single	20,000	40,000
Duplex	40,000	80,000
Triplex	60,000	120,000
Quad	80,000	160,000
Lot width (feet)
Single	100	150
Duplex	180	265
Triplex	260	375
Quad	340	490

(B) General development, sewer.

Lot Area (square feet)
	Riparian lots	Non-riparian lots
Single	15,000	10,000
Duplex	26,000	17,500
Triplex	38,000	25,000
Quad	49,000	32,500
Lot width (feet)
Single	75	75
Duplex	135	135
Triplex	195	190
Quad	255	245

(Ord. 2011-06-07A, passed 6-7-2011)

§ 229.07 SHORELAND USES.

Within the designated Shoreland Districts, the following described uses are permitted uses (P); conditional uses (C); or prohibited uses (N):

(A) Lake classes in Special Protection Districts.

Uses	General Development
Forest management	P
Sensitive resource management	C
Agricultural: cropland and pasture	P
Agricultural feedlots	C
Parks and historic sites	C
Extractive use	C
Single residential	C
Mining of metallic minerals and peat	C

(B) Lake classes in Residential Districts.

Uses	General Development
Surface water-oriented commercial	P
**Commercial planned unit development	C
Public, semi-public	C
Parks and historic sites	C
Forest management	P

Uses	General Development
Commercial	P
**Commercial planned unit development	C
Industrial	C
Public, semi-public	P
Extractive use	C
Parks and historic sites	C
Forest management	P
Mining of metallic minerals and peat	C