Crosby City Zoning Code
SHORELAND AND
FLOODPLAIN OVERLAY DISTRICT
§ 154.085 INTENT.
The uncontrolled use of shorelands in the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise development of shorelands and floodplain areas. The state legislature has delegated responsibility to the municipalities of the state to regulate the subdivision, use, and development of the shorelands and floodplains and thus preserve and enhance the quality of surface waters, preserve the economic and natural values of shorelands, and provide for the wise utilization of waters and related land resources.
(Prior Code, § 13.28)
§ 154.086 SHORELAND MANAGEMENT CLASSIFICATION.
(A) In order to guide the wise development and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic values, and the general health, safety, and welfare, all public waters in the city have been given a shoreland management classification.
(B) The public waters of the city have been classified by the Commissioner of Natural Resources as follows:
(1) Natural environment lakes and streams: none identified within the city;
(2) Recreational development lakes and streams: none identified within the city; and
(3) General development lakes and streams: Serpent Lake and Serpent Creek.
(Prior Code, § 13.29)
§ 154.087 SHORELAND OVERLAY DISTRICT.
(A) Intent. The shorelands of the city are designated as a Shoreland Overlay District. The purpose of the Shoreland Overlay District is to provide for the wide utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city.
(B) Permitted uses. All permitted uses allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official zoning map of the city are permitted.
(C) Conditional uses. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this Shoreland Overlay District as indicated on the official zoning map of the city are conditional uses. The Department of Natural Resources must be notified of all conditional uses, amendments, and variances ten days prior to the public hearing so they may comment. The Department of Natural Resources must be notified of the final action taken.
(D) Nonconforming septic systems. All sanitary facilities inconsistent with this chapter shall be brought into conformity or discontinued within five years from June of 1998.
(E) General provisions. The standards in this division shall apply to shorelands of all public waters within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this section, the more restrictive standards shall apply.
(F) Impervious surface coverage. Impervious coverage may be increased by an additional 10% in a Shoreland Overlay District if the following is provided and approved by the city:
(1) A storm water retention plan created by a licensed engineer showing containment of the five-year, 24-hour storm event on the parcel; and
(2) Direct runoff of storm water to water bodies, adjacent properties, and wetlands shall be eliminated through the use of berms, infiltration ponds, swales, filtration strips, or other permanent means.
(Prior Code, § 13.30) (Ord. 2014-06a, passed - -)
§ 154.088 SHORELAND ALTERATIONS.
(A) The removal of natural vegetation in shoreland areas shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the Shoreland Overlay District shall be subject to the following provisions.
(1) Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.
(2) Clear cutting of natural vegetation shall be prohibited.
(3) Within a reasonable amount of time, natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.
(4) The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation.
(B) Grading and filling in shoreland areas (within 1,000 feet of the OHW of public waters) or any alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to public water may be allowed based on the following chart.
Shoreland Dirt-Moving Chart
| |
Type and amount of dirt moving | Review process |
Movement of less than ten cubic yards within the shore impact zone | Allowed, no permit |
Movement of between ten cubic yards and 50 cubic yards of dirt within the shore impact zone | Permit required |
Movement of more than 50 cubic yards of dirt within the shore impact zone | Conditional use permit |
Movement of more than 50 cubic yards of dirt in shorelands but outside of shore impact zone | Permit required |
Movement of less than 50 cubic yards of dirt in shorelands but outside of shore impact zone | Allowed, no permit |
(C) The permit may be granted subject to the conditions that:
(1) The smallest amount of bare ground is exposed for as short a time as feasible;
(2) Within a reasonable amount of time, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
(3) Methods to prevent erosion and trap sediment are employed such as silt fences or staked hay bales; and
(4) Fill is stabilized to accepted engineering standards.
(D) Excavations on shorelands where the intended purpose is connection to public waters shall require a permit from the Zoning Administrator before construction can begin. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for work in the beds of public waters.
(E) The following exceptions to the permitting requirements listed in this section shall apply to the shoreland areas:
(1) Excavation for basements associated with permitted construction activities, subject to review and approval of the City Building Official;
(2) Filling associated with driveways not within the shore impact zones or within floodplains; and
(3) Placement of topsoil for yards or gardens not exceeding 12 inches of materials.
(Prior Code, § 13.31)
§ 154.089 FLOODPLAIN PROVISIONS.
(A) These floodplain provisions are provided for the protection and preservation of water channels and adjoining floodplains which are reasonably required to carry the discharge of flood waters and are provided in accordance with the requirements of state law. This section does not imply that areas outside the boundaries of these provisions are not subject to flooding and shall not create liability on the part of the city for any flood damages which result from reliance on this chapter or any administrative decision lawfully made under this chapter.
(B) These floodplain provisions shall be applied to and superimposed in conjunction with the shoreland standards and those areas indicated on the official zoning map shall be subject to these provisions.
(C) The area within the floodplain is divided into floodway and flood fringe. A floodway includes the channel and a ten-foot landward strip on both sides of Serpent Creek. A flood fringe includes the area outside of the floodway, but subject to inundation by the regional flood.
(D) (1) Uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway area to the extent that they are not prohibited by any other ordinance and are allowed within the residential, commercial, or industrial district which jointly applies, and provided they do not require structure, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels, or floodway of any tributary to the main stream, drainage ditch, or any other drainage facility or system. Permitted uses are limited to the following:
(a) Residential lawns, gardens, parking areas, and play areas;
(b) Industrial-commercial loading areas and parking areas; and
(c) Public and private recreational uses.
(2) No residential structures shall be allowed within the floodway.
(E) In the enforcement of these provisions, the city may request the Department of Natural Resources to make any appropriate determinations relative to any proposed development. The city, in its own discretion, may use these determinations in deciding whether or not to allow a requested use within any floodplain area.
(Prior Code, § 13.32)