The City hereby establishes a district to provide for the preservation and protection of the Minnesota River and the Chippewa River within the City, as required by Minnesota Statutes sections 104.31 to 104.40 (as amended) and Minnesota Statutes section 105.485 and Minnesota Regulations NR 78-84. (Ord. 610, 12-19-1983)

This District shall apply to the shoreland area of the designated Minnesota scenic river land use district as identified in the Minnesota Regulations 6 MCAR 1.2600 and to the shoreland area of the Chippewa River. The shoreland area is three hundred feet (300') landward of the ordinary high water on the Chippewa River or the landward extent of the flood plain whichever is greater, for the Minnesota River. The District shall be shown on the Zoning Map 1 . (Ord. 610, 12-19-1983)

The Minnesota and Chippewa River Overlay Districts shall be applied to and superimposed upon any underlying zoning district. Where provisions of any statute or regulation impose greater restrictions than those required in these Districts, such statute or regulation shall be controlling. Where definition of any of the terms of these Districts are in dispute, the definitions of Minnesota Regulations NR 82(d) and 78(d) shall be controlling. (Ord. 610, 12-19-1983)

All permitted uses, conditional uses and prohibited uses of the underlying district shall apply within the Minnesota and Chippewa River Overlay Districts. (Ord. 610, 12-19-1983)

The following provisions shall apply within the Minnesota and Chippewa River Overlay Districts where they are more restrictive than those of the underlying district.

   A.   Dimensional Requirements: The following chart sets forth the minimum dimensional requirements and uses of the River Districts:

 

   B.   Nonconforming Sewage Treatment Systems: Individual sewage treatment systems which do not meet the design or performance standards (does not apply to those that are substandard in setback) of this Chapter shall be brought into conformity or discontinued within five (5) years of the effective date hereof.

   C.   Alteration Of Beds Of Protected Waters:

      1.   Excavation of material from, or filling in the Minnesota or Chippewa River or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes section 105.42.

      2.   No State or local authority shall authorize the drainage or filling in of wetlands within the Minnesota River Overlay District.

   D.   Utility Crossings: All utility transmission crossing of lands under the jurisdiction of the local authority within the Minnesota River Land Use District shall require a conditional use permit from the local authority. Such crossings shall conform to the standards and criteria of NR 79(i)(2).

   E.   Road Crossings: In addition to such permits as may be required by Minnesota Statutes section 105.42 for the crossing of public waters, a conditional use permit from the City shall be required for any construction or reconstruction of new public roads or existing roads within the Minnesota River Land Use District, and shall conform to the standards and criteria of NR 79(j)(2).

   F.   Land Suitability: No land within these Districts shall be subdivided which is determined by the City (for the Chippewa River), or the Commissioner of Natural Resources (for the Minnesota River), to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community. Soil percolation rate tests and soil borings shall be required on each proposed lot in any proposed subdivision within the District, to establish the suitability of the land for development. Such testing is required before any final plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available or if the subdivided land is to be served by public sewer. (Ord. 610, 12-19-1983)

The Zoning Administrator shall send copies of all notices of hearings or meetings and final decisions relating to plats, variances, ordinance amendments and conditional use permits affecting any land within the Minnesota River and Chippewa River Overlay Districts to the appropriate DNR office at least ten (10) days prior to such hearings and within ten (10) days of the final action. For the Minnesota River final decisions on variances, inconsistent plats and ordinance amendments shall not become effective until certified by the DNR, in accordance with Minnesota Regulations NR 81. (Ord. 610, 12-19-1983)