Subd. 1.

Purpose and intent. The unregulated use of shorelands within the city contributes to the pollution of public waters and impairment of the local tax base, thereby threatening the public health, safety and general welfare. Therefore, it is in the best interests of public health, safety and welfare to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources.

Subd. 2.

Scope. The provisions of this section shall apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land which has shoreland area.

Subd. 3.

Enforcement. The city shall be responsible for the administration and enforcement of this section. It is unlawful for any person to violate the provisions of this section, including violation of conditions or restrictions of building permits, shoreland alteration permits, variances or conditional use permits.

Subd. 4.

Abrogation and greater restrictions. This section shall not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, except to the extent the provisions of this section are more restrictive.

Subd. 5.

Definitions. For purposes of this section only, the following terms shall have the meaning stated:

A.

Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than 18 percent over a horizontal distance for 50 feet or more shall not be considered part of the bluff.

1.

Part or all of the feature is located in a shoreland area;

2.

The slope rises at least 25 feet above the ordinary high water level of the water body;

3.

The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and

4.

The slope must drain toward the water body.

B.

Bluff impact zone means a bluff and the land located within 20 feet from the top of a bluff.

C.

Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend.

D.

Clearcutting means the removal of an entire stand of trees.

E.

Commercial planned development means a planned development of various commercial uses.

F.

Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services.

G.

DNR means the commissioner of the department of natural resources.

H.

Deck means a horizontal, unenclosed platform, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or dwelling site and at any point extending more than three feet above ground.

I.

Duplex means a dwelling structure on a single lot, having two dwelling units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

J.

Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

K.

Dwelling unit means any structure or portion of a structure, or other shelter designed as short-term or long-term living quarters for one or more persons.

L.

Extractive use means the use of land for the removal of surface or subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat not regulated by Minn. Stats. §§ 93.44—93.51 and amendments thereto.

M.

Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

N.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

O.

Intensive vegetation clearing means the complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block.

P.

Ordinary high water level (OHWL) means an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel.

Q.

Planned development means a development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, whereby these units or sites provide areas of common space, density, increase mix of structure types and land uses. Planned developments may include, but are not limited to, condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal uses.

R.

Public waters has the meaning given it in Minnesota Water Law (Minn. Stats. § 103G.005, subd. 15).

S.

Residential planned development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented.

T.

Riparian lot means a lot which borders on a lake, river or stream.

U.

Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

V.

Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection.

W.

Setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

X.

Sewage treatment system means a septic tank and soil absorption system or other individual or cluster-type sewage treatment system as described and regulated in subdivision 9 of this section.

Y.

Sewer system means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Z.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

AA.

Shoreland, shoreland area, shoreland district and shoreland overlay district mean land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage or the landward extent of the watershed divide; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.

BB.

Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stats. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

CC.

Steep slopes means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

DD.

Structure means any building or appurtenance, except aerial or underground utility pipes or lines, including, but not limited to, decks, sewer, electric, telephone, telegraph, gas, towers, poles and other supporting facilities.

EE.

Subdivision is as defined in chapter 13 of this Code.

FF.

Surface-water-oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

GG.

Toe of the bluff means the lower point of a 50 foot segment with an average slope exceeding 18 percent.

HH.

Top of the bluff means the higher point of a 50 foot segment with an average slope exceeding 18 percent.

II.

Undue hardship means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if a reasonable use for the property exists under terms of the official controls.

JJ.

Variance has the meaning given it in this chapter.

KK.

Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971).

Subd. 6.

Administration.

A.

Permits required. The provisions of chapter 4 of the City Code regarding the issuance of building permits shall apply to this section.

1.

No buildings, building additions, including fences higher than six feet, decks, signs or sewage treatment systems shall be constructed, installed or altered, and no grading or filling activities not exempted by subdivision 12(I) of this section shall be permitted without first obtaining a permit from the city. Application for a permit shall be filed with the city on the form provided by the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued.

2.

Any permit issued hereunder shall state that an identified, existing sewage treatment system, as defined by subdivision 9, shall be reconstructed or replaced in accordance with the provisions of this section.

3.

The general provisions of this section shall be complied with before the issuance of the permit.

B.

Zoning compliance. Zoning compliance by the city shall be required for each activity requiring a permit as specified in subparagraph A, above. This will specify that the use of land conforms to the requirements of this ordinance. Any use, activity, or construction not authorized by permit shall be unlawful.

C.

Variances.

1.

No variance may be granted except in accordance with Minn. Stats. ch. 462 and the provisions of this chapter. A variance shall not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance with this chapter, and to protect adjacent properties and the public interest. In considering a variance request, the city council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

2.

The city shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the zoning provisions governing variances. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required therein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

3.

For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconforming sewage treatment system.

D.

Notifications to the department of natural resources.

1.

Copies of all notices of any public hearings to consider variances, amendments, planned development or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof.

2.

A copy of approved amendments and subdivisions/plats, and final decisions granting variances, planned developments, or conditional uses under shoreland management controls must be sent to the DNR or the DNR's designated representative and postmarked within ten days of final action.

Subd. 7.

Shoreland classification.

A.

Shoreland classification system. The public waters of the city have been classified in this subdivision consistent with criteria found in Minnesota Rules, part 6120.3300, and the Protected Waters Inventory Map for Dakota County, Minnesota and the shoreland area for the water bodies listed below shall be as defined in this section and as shown on the official zoning map of the city:

1.

Lakes:

2.

Urban rivers:

Minnesota River.

3.

Tributaries:

a.

Kennealy Creek Section 18;

b.

Harnack Creek Section 18.

B.

Land use and shoreland zoning regulations.

1.

The shoreland of the water bodies classified in this subdivision shall be an overlay district which shall be applied and superimposed upon all existing land use zoning districts, or as amended by the city, which lie within the shoreland. The regulations and requirements of this section shall be in addition to those established for the land use zoning district which jointly apply, provided the more restrictive regulation for use, setback, height, site coverage, density and any other applicable regulation shall apply.

2.

District boundaries for the shoreland overlay districts shall be as shown on the official zoning map of the city.

3.

Land use zoning districts in the shoreland area shall be in conformance with the criteria specified in Minnesota Rules, part 6120.3200, subpart 3.

4.

Conditional use permits shall be processed by the city as provided by the provisions of this chapter.

5.

Nonconforming uses. Any approved use within a shoreland district in existence prior to the effective date of this section as amended which was permitted by the previous ordinance requirements but which does not meet the requirements of this section, as amended, shall be declared to be a nonconforming use. Nonconforming uses, including substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a nonconforming use which will increase the present use's dimensions shall not be permitted. Any improvement shall require any substandard sanitary facilities to be upgraded in accordance with the provisions of this section.

Subd. 8.

Dimensional requirements. The following minimum requirements shall apply to all shorelands of the public waters within the city, except where any requirement of the land use zoning district, as shown on the official zoning map, is more restrictive than the requirement set forth herein, the land use zoning district requirement shall apply.

A.

Unsewered areas.

(1)

Single detached dwelling uses which are not served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements:

¹ Lot width must be met at both the building setback line and at the OHWL.

² Structure setbacks apply to principal and accessory structures.

(2)

Attached (multiple) dwelling uses and commercial and industrial uses shall be prohibited in areas not served by municipal sanitary sewer services.

B.

Sewered areas.

(1)

Single detached dwelling uses which are served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements:

¹ Lot width must be met at both the building setback line and OHWL.

² Structure setbacks apply to principal and accessory structures.

³ May be increased with conditional use permit; see provisions of Subd. 9.L. of this section.

(2)

Attached (multiple) dwelling uses, pursuant to a planned development, which are served by municipal sanitary sewer services shall comply with the following dimensional requirements:

¹ Lot width must be met at both the building setback line and OHWL.

² Attached (multiple) dwelling uses are prohibited within the shoreland of natural environment waters.

³ May be increased with conditional use permit; see provisions of Subd. 9.L. of this section.

⁴ Structure setbacks apply to principal and accessory structures.

(3)

Attached (multiple) dwelling uses by planned development only.

(4)

Commercial and industrial uses which are served by municipal sanitary sewer services shall comply with the dimensional requirements:

¹ Lot width must be met at both the building setback line and OHWL.

² Commercial and industrial uses are prohibited within the shoreland of natural environment waters.

³ May be increased with conditional use permit; see provisions of Subd. 9.L. of this section.

⁴ Structure setbacks apply to principal and accessory structures.

(5)

Commercial and industrial uses and attached (multiple) residential dwelling uses are prohibited within the shoreland of natural environment waters.

C.

Urban rivers and tributaries. No development shall be permitted along urban rivers and tributaries.

D.

Lot area and width requirements. The provisions of this subdivision with respect to the minimum lot area in square feet and minimum lot width requirements in lineal feet shall apply to residential lots created after the date of enactment of this section, as amended. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line.

Subd. 9.

General provisions.

A.

Lots for controlled accesses. Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards:

1.

Lots shall meet the minimum width and area requirements for residential lots and be suitable for the intended uses;

2.

In the event docking, mooring, or over-water storage of more than six watercraft is present on a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by 25 percent in lot frontage for each watercraft beyond six;

3.

Lots shall be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and

4.

Land covenants or other equally effective legal instruments shall be executed and provide the following restrictions:

(a)

Lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking.

(b)

The total number of vehicles allowed to be parked on the lot.

(c)

The total number of watercraft allowed to be continuously moored, docked, or stored over water.

(d)

Centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations.

(e)

All parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water.

B.

Placement and design of structures. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone.

C.

Floodplain regulations.

1.

Structures shall be located in accordance with the floodplain regulations of the City Code.

2.

Accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in floodplain regulations if the structure is constructed of flood-resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind-driven waves and debris.

D.

Accessory structures. Accessory structures in shoreland districts shall satisfy minimum structure setbacks required in this section and comply with the following:

1.

The accessory structure shall not exceed ten feet in height, exclusive of safety rails;

2.

The accessory structure shall not exceed 150 square feet in area.

3.

Detached decks shall not exceed eight feet above grade at any point; and

4.

The accessory structure shall not be used for human habitation nor shall it contain water supply or sewage treatment facilities.

E.

Stairways, lifts, landings and docks. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:

1.

The stairways and lifts shall not exceed four feet in width, except stairways used in public open space recreational properties and planned developments;

2.

The stairway and lift landings on residential lots shall not exceed 32 square feet in area, except landings used in public open space recreational properties and planned developments;

3.

Canopies or roofs shall not be permitted on stairways, lifts or landings;

4.

Stairways, lifts, and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

5.

Stairways, lifts, and landings shall be located on a portion of the lot that most reduces the visibility of these stairways, lifts and landings from the public water.

6.

Structures for mobility impaired persons including ramps, lifts, or mobility paths are permitted for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) above are complied with in addition to the requirements of Minnesota Rules, part 1341; and

7.

Docks shall not exceed five feet in width unless a shoreland building permit is obtained therefor.

F.

Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site, as determined by the Minnesota Historical Society, has been removed and documented in a public repository.

G.

Steep slopes. The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent soil erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters.

Any property located within the Lower Minnesota River Watershed District—Steep Slope Overlay District shall be subject to the Lower Minnesota River Watershed District Rules applicable to steep slopes. The Lower Minnesota River Watershed District Rules, adopted on February 19, 2020, and any amendments thereto adopted from time to time by the Lower Minnesota River Watershed District, are hereby adopted by reference as though set forth verbatim herein. A copy of the Lower Minnesota River Watershed District Rules and the district's Steep Slope Overlay District Map shall be on file in the office of the Eagan Public Works Department.

H.

Height of structures. All structures in all shoreland districts shall not exceed 35 feet in height, unless a conditional use permit is obtained therefor in accordance with the provisions of this chapter. Any application for a conditional use permit hereunder shall be subject to notice and comment by the DNR before the permit is issued by the city.

I.

Shoreland alterations. To prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat, shoreland alterations are subject to the following conditions:

1.

Vegetation alterations.

(a)

Any vegetation alteration necessary for the construction of structures, sewage treatment systems, roads and parking areas regulated by this section are exempt from the regulations in this provision.

(b)

Except for agricultural and forest management uses:

(1)

Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional use permit. No such permit shall be issued unless a land disturbance and erosion control permit and plan is approved in accordance with the provisions of chapter four of this Code and is approved by the soil and water conservation district in which the property is located.

(2)

In shore impact zones and on steep slopes, limited clearing or cutting, pruning, and trimming of trees and shrubs may be conducted to provide a view from the principal dwelling site to the public water and to make installation or construction of stairways, lifts, picnic areas, access paths, beach and watercraft areas and water-oriented accessory structures possible, provided that:

(aa)

The screening for structures, vehicles, or other facilities as viewed from the water is not substantially reduced;

(bb)

Along rivers, existing shading of water surfaces is preserved; and

(cc)

In the shore impact zone, live trees larger than six inches in diameter shall not be cut, except to provide for water-oriented accessory structures or to provide a water-viewing corridor not to exceed 20 percent of the shoreline width of the lot.

(3)

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

2.

Topographic alterations/grading and filling.

(a)

Grading, filling and excavations for the construction of structures, sewage treatment systems, and driveways under a validly issued building permit do not require the issuance of a separate grading and filling permit but shall be subject to the provisions of this subdivision.

(b)

Public roads and parking areas are regulated by this subdivision.

(c)

Notwithstanding any provisions in this section to the contrary, a permit shall be required for:

(1)

The movement of more than ten cubic yards of material on steep slopes and within shore or bluff impact zones.

(2)

The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

(d)

The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

(1)

Any filling that occurs in any type 3, 4, or 5 wetland over two and one-half acres in area shall require a permit from the DNR;

(2)

Alterations shall be conducted in a manner in order that the smallest amount of bare ground is exposed for the shortest time possible;

(3)

Mulch or similar material shall be used for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as weather conditions allow;

(4)

Soil erosion control measures shall be used;

(5)

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;

(6)

No fill or excavated material shall be placed in a manner that creates an unstable slope or finished slopes of 30 percent or greater;

(7)

No fill or excavated material shall be placed on steep slopes without the city engineer's review for continued slope stability;

(8)

No fill or excavated material shall be placed in bluff impact zones;

(9)

Any alterations below the ordinary high water level of public waters shall be in accordance with the provisions of Minnesota Water Law (Minn. Stats. Ch. 103G);

(10)

No alterations of topography shall be allowed, except if they are an accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties;

(11)

No natural rock riprap shall be placed, including associated grading of the shoreline and placement of a filter blanket, unless the finished slope is not greater than 3:1 (may be increased by DNR permit), the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet; and

(12)

The provisions of City Code Chapter 4 shall apply to excavations and fills under this section.

(e)

Connection to public waters. No excavation shall be conducted where the intended purpose is connection to public water, including boat slips, canals, lagoons, and harbors, without first obtaining a permit from the DNR.

J.

The wetlands protection and management regulations set forth elsewhere in this chapter shall apply and compliance therewith shall be met.

K.

Placement and design of roads, driveways, and parking area.

1.

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

2.

Roads, driveways and parking areas shall meet minimum required setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, provided they are constructed in a manner to minimize adverse impacts as determined by the city.

3.

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subparagraph are met. For private facilities, the grading and filling provisions of this subdivision shall be met.

L.

Stormwater management. All developments shall meet the following requirements:

1.

When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

2.

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

3.

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, including diversions, settling basins, skimming devices, dikes, waterways, and ponds, shall be utilized. Stormwater management measures using surface drainage, vegetation, and infiltration shall be used rather than buried pipes and manmade materials and facilities when practical and reasonably possible. Settling basins to intercept and treat urban runoff shall, at a minimum, be sized to meet Nationwide Urban Runoff Program (NURP) criteria.

4.

Impervious surface coverage of lots must not exceed 25 percent of the lot. This may be increased provided the city has approved and implemented a community-wide stormwater management plan affecting the subject site, granted a conditional use permit permitting an increase in impervious coverage, and required the necessary water quality mitigation features to meet non-degradation standards for phosphorous for the nearest downstream recreational water body identified in the Eagan Water Quality Management Plan.

5.

When constructed facilities are used for stormwater management, a document from a duly qualified individual shall be filed with the city. The document shall state that the constructed facilities are designed and installed consistent with the field office technical guide of the local soil and water conservation district.

6.

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

M.

Special provisions for public/semipublic, agricultural, forestry and extractive uses.

1.

Any surface-water-oriented uses and public or semipublic uses when permitted by Code which have need for access to and use of public waters may be located on parcels or lots with public waters frontage. Uses with water-oriented needs located on parcels or lots with public waters frontage shall comply with the following standards:

(a)

Topographic and vegetative screening of parking areas and structures shall be constructed and maintained;

(b)

No advertising signs or supporting facilities for signs shall be placed in or upon public waters. The city may install and maintain signs conveying information or safety messages;

(c)

No outside lighting shall be located within the shore impact zone or over public waters unless it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and

(d)

Commercial uses such as boat rides, on-board vendors or similar uses shall be prohibited.

(e)

Any uses that require short-term watercraft mooring for patrons shall be centralized and constructed in a manner to avoid obstructions to navigation and the least size reasonably necessary to meet the need; except uses without water-oriented needs unless such uses are set back double the normal ordinary high water level setback or substantially screened from view from the water by vegetation or topography.

2.

Agriculture use standards.

(a)

In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service (as provided by a qualified individual or agency). The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.

(b)

Animal feedlot and grazing operations shall be prohibited.

3.

Forest management standards. The harvesting of timber and associated reforestation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.

4.

Extractive use standards.

(a)

Site development and restoration plan. No extractive uses shall be conducted without first obtaining approval by the city. An extractive use site development and restoration plan shall be approved and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations and identify actions to be taken to mitigate adverse environmental impact, and erosion, and to rehabilitate the site after extractive activities end.

(b)

Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

5.

Mining of metallic minerals and peat standards. Mining of metallic minerals and peat may be a permitted use in accordance with the provisions of Minn. Stats. §§ 93.44—93.51.

N.

Conditional uses. The provisions of this chapter regarding conditional use permits shall apply to all conditional uses with shoreland area, in addition to the following:

1.

Site evaluation required. Prior to the issuance of any permit hereunder, an evaluation of the water body and the topographic, vegetation, and soil conditions on the site shall be made to ensure:

(a)

The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

(b)

The least visibility of structures and other facilities as viewed from public waters;

(c)

The site is adequate for water supply and on-site sewage treatment and public utilities are utilized when available; and

(d)

The types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

2.

Conditions of conditional use permits. The city council, upon consideration of the findings of the evaluation conducted pursuant to item 1, above, and the intent and purposes of this section, may issue a conditional use permit hereunder subject to, but not limited to, the following conditions:

(a)

Increased setbacks from the ordinary high water level;

(b)

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

(c)

Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

O.

Water supply and sewage treatment.

1.

Water supply. Any public or private supply of water for residential purposes shall meet or exceed the state department of health, county and the state pollution control agency standards for water quality.

2.

Sewage treatment.

(a)

All private sewage treatment systems shall meet or exceed the state pollution control agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080," a copy of which is hereby adopted by the city by reference and incorporated as a part of the City Code.

(b)

All sewage shall be connected to public systems when available.

(c)

All on-site sewage treatment systems shall comply with the setback requirements provided in subdivision 11 of this section.

(d)

An evaluation to determine all proposed sites suitable for individual sewage treatment systems shall be made upon consideration of the following:

(1)

Depth to the highest known or calculated ground water table or bedrock;

(2)

Soil conditions, properties, and permeability;

(3)

Slope; and

(4)

The existence of lowlands, local surface depressions, and rock outcrops.

(5)

It shall be the responsibility of the applicant to provide sufficient information, through either public documents or field investigations, in order for the foregoing considerations to be addressed.

(e)

Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the following requirements:

(1)

A sewage treatment system not meeting the requirements of this subdivision must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on or use of the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.

(2)

The city will require upgrading or replacement of any nonconforming system identified by this program within five years. Any sewer system installed according to applicable local shoreland management standards adopted under Minn. Stats. §§ 103F.201, 103F.205, 103F.211, 103F.215 and 103F.221 and amendments thereto, in effect at the time of installation, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by the state pollution control agency's chapter 7080 for design of on-site sewage treatment systems shall be considered nonconforming.

(f)

All on-site sewage treatment systems shall comply with regulations in the City Code.

P.

Subdivision provisions.

1.

Land suitability. No preliminary plat shall be approved unless each lot, created through subdivision, including planned unit developments, is suitable in its natural state for the proposed use with minimal alteration. In determining whether a lot is suitable by the city, the city shall consider the following:

(a)

Susceptibility to flooding;

(b)

Existence of wetlands;

(c)

Soil and rock formations with severe limitations for development;

(d)

Severe erosion potential;

(e)

Steep topography;

(f)

Inadequate water supply or sewage treatment capabilities;

(g)

Nearshore aquatic conditions unsuitable for water-based recreation;

(h)

Important fish and wildlife habitat;

(i)

Presence of significant historic sites; and

(j)

Any other feature of the natural land likely to be harmful to the health, or welfare of the city.

2.

Consistency with other controls. Subdivisions must conform to all City Code regulations. A preliminary plat shall not be approved when a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose, when areas are not served by publicly owned sewer and water systems, a domestic water supply is not available or a sewage treatment system consistent with City Code is not provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements, contiguous lawn area requirements that are free of limiting factors sufficient for the construction of two standard soil treatment systems where private sewage systems are permitted. Preliminary plat lots that would require use of holding tanks shall not be approved.

Subd. 10.

Planned development (cluster developments).

A.

Types of planned developments permitted. No planned developments (PDs) shall be permitted, except for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land in exclusively planned development and zoning districts as classified in subdivision 7 of this section and on the official zoning map of the city.

B.

Application for planned development.

1.

Planned development uses shall comply with the regulations applicable in the planned development zoning district as provided in this chapter.

2.

Any application for a planned development use in a shoreland zone shall provide the following information, in addition to the information required under Minnesota Statutes and section 11.50 of this chapter:

(a)

Surface water features;

(b)

Existing and proposed vegetative detail;

(c)

Deed restrictions, covenants, or owners' association bylaws;

(d)

Details of water-oriented uses;

(e)

Longterm plans for preservation and maintenance of open space;

(f)

Two-foot integral contours;

(g)

Other information deemed necessary by the city council.

C.

Public utilities. Public utilities, including municipal sanitary sewer and water, shall be utilized for all planned development and planned development uses (PD) in the city.

D.

Site evaluation. Prior to the issuance of any permit under this subdivision, an evaluation of the site's suitable area, density, maintenance and design, open area, erosion, stormwater management plan, facilities, centralization, design plan and conversion shall be made in accordance with the following standards and procedures:

1.

Site suitable area. A site's suitable area shall be evaluated using the following procedures and standards:

(a)

Shoreland tier dimensions. The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:

(b)

Suitable area calculation. The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are 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.

E.

Residential and commercial planned development use. The procedures for determining the base density of a planned development and density increase multipliers are as follows:

1.

Residential planned development base density evaluation. The suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned developments are then compared with the tier, density, and suitability analyses herein and the design criteria in subparagraph G, below.

2.

Commercial planned development base density evaluation.

(a)

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 shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space.

(b)

Select the appropriate floor area ratio from the following table:

COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA
RATIOS PUBLIC WATERS CLASSES

(c)

Multiply the suitable 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.

(d)

Divide the total floor area by tier, computed in item 2 above, by the average inside living area size determined in item 1 above, to determine a base number of dwelling units and sites for each tier.

(e)

Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer.

3.

Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria as provided in this division.

F.

Density increase multipliers.

1.

Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in this section are met or exceeded and the design criteria in subparagraph G below are satisfied. The allowable density increases in item 2, below, will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent 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 city and the setback is at least 25 percent greater than the minimum setback.

2.

Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:

G.

Maintenance and design criteria.

1.

Before final approval of a planned development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

2.

Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure longterm preservation and maintenance of open space. The instruments shall include all of the following protection:

(a)

Commercial uses prohibited (for residential PDs).

(b)

Vegetation and topographic alterations shall be prohibited except by routine maintenance.

(c)

Construction of additional buildings or storage of vehicles and other materials shall be prohibited.

(d)

Uncontrolled beaching of watercraft shall be prohibited.

3.

Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned developments shall use an owners' association with the following features:

(a)

Membership shall be mandatory for each dwelling unit or site purchases and any successive purchasers;

(b)

Each member shall pay a pro rata share of the association's expenses, and unpaid assessments shall become liens on units or sites;

(c)

Assessments shall be adjustable to accommodate changing conditions; and

(d)

The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

H.

Open space standards. Planned developments shall contain open space meeting all of the following standards:

1.

At least 50 percent of the total project area shall be preserved as open space;

2.

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 shall not be included in the computation of minimum open space;

3.

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

4.

Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

5.

Open space shall not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities;

6.

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; and

7.

The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural state. For commercial planned developments, at least 50 percent of the shore impact zone must be preserved in its natural state.

I.

Erosion control and stormwater management. Erosion control and stormwater management plans shall be developed and the PD shall:

1.

Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This shall 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 the soil and water conservation district may be required if project size and site physical characteristics warrant; and

2.

Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area, except that for commercial PDs increased impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with this section.

J.

Centralization and design of facilities. Centralization and design of facilities and structures shall be done in accordance with the following standards:

1.

Planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available;

2.

Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall 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 shall be increased in accordance with this subparagraph for developments with density increases;

3.

Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one 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 other tiers;

4.

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 city, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

5.

Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and

6.

Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards provided in this subdivision and are centralized.

K.

Conversions. The city shall not permit existing land uses and facilities to be converted to residential planned developments.

L.

Existing unit conditions. Existing dwelling unit or dwelling site densities that exceed standards in this subdivision may be allowed to continue but shall not be allowed to be increased.

Subd. 11.

Nonconformities. Nonconformities, as of the effective date of this section, may continue, but shall be administered according to applicable state statutes and other regulations of the city for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas:

A.

Construction on nonconforming lots of record.

1.

Lots of record in the office of the county recorder on the effective date of local shoreland controls that do not meet the requirements of subdivision 8 of this section may be allowed as building sites without variances from dimensional requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became nonconforming, the lot was in compliance with official shoreland controls in effect at the time it was created, and the lot meets all sewage treatment and setback requirements of this section are met.

2.

A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

3.

If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the shoreland dimensional requirements of this section, then the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the shoreland dimensional requirements of this section as reasonably possible.

B.

Additions/expansions to nonconforming structures.

1.

Any additions, enlargements or expansion to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other dimensional requirements of this section. Any deviation from these requirements shall be authorized by a variance as provided in this section.

2.

Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following requirements are met:

(a)

The structure existed on the date the structure setbacks were established;

(b)

A thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure;

(c)

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and

(d)

The deck is constructed primarily of wood, and is not roofed or screened.

C.

Nonconforming sewage treatment systems shall conform to the sewage treatment system regulations as provided in this section.

D.

Public utility connections. Any new commercial or residential development permitted in any shoreland district where available shall be connected to the public utilities.

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 414, 2nd series, § 3, eff. 7-28-07; Ord. No. 338, 2nd series, § 1, eff. 2-4-08; Ord. No. 452, 2nd series, § 8, eff. 2-16-10; Ord. No. 590, 2nd series, § 1, eff. 11-24-2020)