Subd. 1. Authorization and Jurisdiction.

A.

Statutory Authorization. These Shoreland regulations are adopted pursuant to the authorization and policies contained in Minnesota Statutes Section 103F.201—103F.221 and Minnesota Statutes Section 462.

B.

Jurisdiction. The provisions of this section shall apply to the shorelands of the public waters as classified in Subdivision 7 of this section. Pursuant to Minnesota Regulations, Parts 6120.2500-6120.3900. no lake, pond, or flowage less than ten (10) acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this section.

Subd. 2. Declaration of Policy and Procedures. Declaration of Policy. It is hereby found and declared that shorelands of public waters are, or may be, subject to uncontrolled use resulting in: Health and safety hazards, pollution of public waters, loss of property, destruction of fish and wildlife, impairment of natural beauty, and impairment of local tax base all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this section to provide standards and criteria for the subdivision, use and development of the shorelands of public waters in order to preserve and enhance the quality of public waters, conserve the economic and natural environmental values of shorelands, and provide for wise utilization of water and related land resources, and thereby promote and protect the public health, safety, and welfare.

Subd. 3. Interpretation and Severability. In interpreting and applying the provisions of this section, such provisions shall be held to be minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is not the intention of this section to interfere with any other provision of the City Code, however, where this section imposes a greater restriction upon the use or improvement of any premises than those imposed or required by other City Code provisions, rules, regulations or permits of the City, State, or appropriate Watershed District, the provisions of this section shall govern.

Subd. 4. Definitions. The following terms, as used in this section, shall have the meanings stated:

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

a.

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

b.

The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody;

c.

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

d.

The slope must drain toward the waterbody.

Bluff impact zone means a bluff and land located within twenty (20) feet beyond the top of a bluff.

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

Clear cutting means removal of all existing significant natural vegetation on a lot.

Commissioner means the Commissioner of the Department of Natural Resources.

Lot Abutting means any lot directly abutting the Ordinary High Water Level or within one hundred fifty (150) feet thereof shall be considered an abutting lot.

Ordinary high water level means the boundary of public waters and wetlands, and shall be at 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. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool.

Public waters means any waters as defined in Minnesota Statutes Section 103.G.005, Subdivisions 15 and Subdivision 18.

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

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 17 of this ordinance.

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

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 fifty percent (50%) of the required structure setback.

Shoreland means Land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner.

Shoreline means the shoreline for public waters is defined as the normal ordinary high water level.

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

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

Water-oriented accessory structure means a structure used solely for watercraft storage including storage of related boating and water-oriented sporting equipment.

One hundred-Year Frequency Flood Level means the elevation that a creek, pond, or lake can be expected to reach once in one hundred (100) years.

Subd. 5. Administration, Application and Issuance of Certain Permits.

A.

Permit Required. A permit issued by the City shall be applied for and obtained prior to construction, installation of sewer and water facilities, and grading and filling within any part of shoreland area.

B.

Applications for Permit. Application for permit within any part of a shoreland area shall be made in conformance with procedures set forth in Section 11.55, Subdivision 5.A. Application for Land Alteration Permit, Fees, Council Action, Bond in addition to the requirements of this subdivision.

(Source: Ordinance No. 14-2004, 6-10-2004)

C.

Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny permits, the Council may consider, among other things, the following:

1.

Adequacy of lot size and building setbacks.

2.

Adequacy of sewer and water facilities.

3.

Adequacy of grading, filling and restoration.

4.

Whether the structures will be structurally safe for use by the intended users.

5.

Whether the facility will comply with the regulations and shoreland protection measures contained in this section.

6.

Whether the proposed structure will create a volume of traffic on the public water in the vicinity of the facility which will tend to be unsafe.

7.

Whether the proposed facility will be compatible with adjacent development.

8.

Whether the proposed facility will be compatible with the maintenance of the natural beauty of the public water.

9.

Whether the proposed facility will affect the quality, or ecology of the public water.

10.

Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility.

11.

Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility.

D.

Permit Conditions. The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of a permit is a violation of this section and grounds for revocation of the permit.

(Source: Ordinance No. 14-2004, 6-10-2004)

E.

Notification Procedures.

1.

Copies of all notices of any public hearing to consider variances, amendments or conditional uses under any provision of this section must be sent to the Commissioner or the Commissioner's designated representative and post-marked at least ten (10) days before the hearing. Notices of hearings to consider proposed plats must include copies of the plats.

2.

A copy of approved amendments and plats, and final decision granting variances or conditional uses under this section must be sent to the Commissioner or the Commissioner's designated representative and post-marked within ten (10) days of final action.

(Source: Ordinance No. 14-2004, 6-10-2004)

Subd. 6. Variance Standards.

A.

Procedures for Considering Variance Application. A variance from strict conformity with the terms of this section may be granted in conformance with the provisions for granting variances set forth in Section 11.76 of this chapter. Upon receiving an application for a variance, the Board of Adjustments and Appeals, prior to rendering a decision thereon, may require the applicant to furnish the following information, as deemed necessary by the Board, for determining the suitability of a particular site for the proposed use:

1.

Plans showing elevation of the ground water supply, sanitation facilities, photographs showing existing land uses, vegetation upstream and downstream and soil types.

2.

Specification for building constriction (including lot size and setbacks), filling, and grading, water supply, and sanitary facilities.

3.

Such other information as may bear on the suitability of the proposed structure or development.

In considering variance requests, the Boards of Adjustment and Appeals must also consider whether the property owner has reasonable use of the lands without the variance, whether the existing sewage treatment system on the property needs upgrading before additional development is approved, whether the property is used seasonally or year-round, whether the variances is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

(Source: Ordinance No. 14-2004, 6-10-2004)

B.

Provisions of the variance regulations contained in this section shall apply.

For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.

C.

Administration of Variance. Refer to Subdivision 5 entitled Administration, Application and Issuance of Certain Permits.

Subd. 7. Shoreland Classification System and Profile.

A.

The public waters of the City are as set forth below:

Subd. 8. Zoning Restrictions. No building permit shall be issued for any lots zoned as rural, residential, commercial, office, industrial, public or any sub-zoning district thereof which are within the Shoreland unless the use is in conformance with this chapter and conforms to the following lot size dimensions and setbacks.

A.

Natural Environment Waters.

1.

Single Family Housing Detached Dwellings.

a.

Lots abutting without public sewer.

(1)

Minimum lot size - five (5) acres.

(2)

Minimum width at building line - three hundred (300) feet.

(3)

Minimum width at Ordinary High Water Level - two hundred (200) feet.

(4)

Minimum setback from Ordinary High Level - two hundred (200) feet.

b.

Lots abutting with public sewer and water.

(1)

Minimum lot size - forty thousand (40,000) square feet.

(2)

Minimum width at building line - one hundred fifty (150) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

2.

Multiple Housing Attached Dwellings.

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - thirty thousand (30,000) square feet/unit.

(2)

Minimum width at building line - one hundred fifty (150) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

(5)

Structures shall not comprise more than fifty percent (50%) of the length of the shoreland within the lot.

3.

Office and Institutional.

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - ten (10) acres.

(2)

Minimum width at building line - two hundred (200) feet.

(3)

Minimum width at Ordinary High Water Level - two hundred (200) feet.

(4)

Minimum setback from Ordinary High Water Level - two hundred (200) feet.

4.

Commercial and Industrial (no outside storage allowed).

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - ten (10) acres.

(2)

Minimum width at building line - two hundred (200) feet.

(3)

Minimum width at Ordinary High Water Level - two hundred (200) feet.

(4)

Minimum setback from Ordinary High Water Level - two hundred (200) feet.

B.

Recreational Development Waters.

1.

Single Family Housing Detached Dwellings.

a.

Lots abutting without public sewer:

(1)

Minimum lot size - five (5) acres.

(2)

Minimum width at building line - three hundred (300) feet (Rural - three hundred (3000 feet).

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred (100) feet.

b.

Lots abutting with public sewer and water:

(1)

Minimum lot size - twenty thousand (20,000) square feet.

(2)

Minimum width at building line - one hundred twenty (120) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred twenty (120) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred (100) feet.

2.

Multiple Housing Attached Dwellings.

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - fifteen thousand (15,000) square feet/unit.

(2)

Minimum width at building line - one hundred twenty (120) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred twenty (120) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

(5)

Structures shall not comprise more than fifty percent (50%) of the length of the shoreland within the lot.

3.

Office and Institutional.

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - five (5) acres.

(2)

Minimum width at building line - two hundred (200) feet.

(3)

Minimum setback from Ordinary High Water Level - two hundred (200) feet.

(4)

Minimum width at Ordinary High Water Level - two hundred (200) feet.

4.

Commercial and Industrial (no outside storage allowed).

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - ten (10) acres.

(2)

Minimum width at building line - two hundred (200) feet.

(3)

Minimum width at Ordinary High Water Level - two hundred (200) feet.

(4)

Minimum setback from Ordinary High Water Level - two hundred (200) feet.

C.

General Development Waters.

1.

Single Family Housing Detached Dwellings.

a.

Lots abutting without public sewer:

(1)

Minimum lot size - five (5) acres.

(2)

Minimum width at building line - one hundred twenty (120) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred twenty (120) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred (100) feet.

b.

Lots abutting with public sewer and water:

(1)

Minimum lot size - thirteen thousand five hundred (13,500) square feet.

(2)

Minimum width at building line - one hundred twenty (120) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred twenty (120) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred (100) feet.

2.

Multiple Housing Attached Dwellings.

a.

Lots must have public sewer and water.

b.

Lots abutting:

(1)

Minimum lot size - ten thousand (10,000) square feet/unit

(2)

Minimum width at building line - one hundred (100) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred twenty (120) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

(5)

Structures shall not comprise more than 50% of the length of the shoreland within the lot.

3.

Office and Institutional.

a.

Lots must have public water and sewer.

b.

Lots abutting:

(1)

Minimum lot size - two (2) acres.

(2)

Minimum width at building line - one hundred fifty (150) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

4.

Commercial.

a.

Lots must have public water and sewer.

b.

Lots abutting:

(1)

Minimum lot size - 2 acres.

(2)

Minimum width at building line - one hundred fifty (150) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

5.

Industrial.

a.

Lots must have public water and sewer.

b.

Lots abutting:

(1)

Minimum lot size - 5 acres.

(2)

Minimum width at building line - one hundred fifty (150) feet.

(3)

Minimum width at Ordinary High Water Level - one hundred fifty (150) feet.

(4)

Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet.

D.

Additional Special Provisions.

1.

Where development exists on both sides of a proposed building site within the same lot as the proposed building site, structural setbacks may be altered to take setbacks of existing structures into account if approved by the City Manager or designee, provided the proposed building site is not within a shore or bluff impact zone.

2.

Commercial, industrial, or permitted open space uses requiring location on or near public waters may be allowed as a variance closer to such waters than the setbacks specified in this section.

3.

Septic tanks and soil absorption systems shall be setback from the ordinary high water level in accordance with the class of public water:

a.

Natural Environment Waters, at least one hundred fifty (150) feet.

b.

Recreational Development Waters, at least one hundred (100) feet.

c.

General Development Waters, at least one hundred (100) feet.

E.

Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody:

F.

Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

G.

Steep Slopes. The City Manager or designee shall required soil erosion protection and must evaluate possible soil erosion impacts, soil protection 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 must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

H.

Uses Without Water-oriented Needs. Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be setback double the normal ordinary high water level setback or be substantially screened from view as determined by the City Manager or designee from the water by vegetation or topography, assuming summer, leaf-on conditions as determined by the City Manager or designee.

Subd. 9. Design Criteria for Structures.

A.

High Water Elevation. Structures shall be placed such that the lowest floor elevation is at least two (2) feet above the 100-Year Frequency Flood Level.

B.

Water-oriented Accessory Structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in Subdivision 8 of this section if this water-oriented accessory structure complies with the following provisions:

1.

The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet;

2.

The setback of the structure or facility from the ordinary high water level must be at least ten (10) feet;

3.

The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;

4.

The roof of any water-oriented structure may not be used as a storage area;

5.

The structure or facility must not be designed or used for human habitation and must not contain water supply, or sewage treatment facilities.

C.

Stairways, Lifts, and Landings. 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 must meet the following design requirements:

1.

Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties.

2.

Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings greater than thirty-two (32) square feet but less than sixty-four (64) square feet may be used for commercial properties, and public open-space recreational properties.

3.

Canopies or roofs are not allowed on stairways, lifts, or landings.

D.

Controlled Access. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards:

1.

The lot must meet the width and size requirements for residential lots as required by Subdivision 8 of this section.

2.

If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by twenty-five percent (25%) of the requirements for riparian residential lots for each watercraft beyond six (6).

3.

The lot must be jointly 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.

4.

Covenants must be developed that specify which 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. The covenants must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include but are not limited to, swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The covenants must also require 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, assuming summer, leaf-on conditions. The covenants must be filed with the County Recorder or the Registrar of Titles for Hennepin County.

Subd. 10. Placement and Height of Structures.

A.

Placement of Structures on Lots. When more than one (1) setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows:

1.

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.

2.

Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, so as to minimize the view from the surface of the public water assuming summer, leaf-on conditions, whenever practical.

3.

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subdivisions 9.B and 9.C are complied with in addition to the requirements as contained in Minnesota Rules, Chapter 1340 a copy of which is hereby adopted by reference and declared to be a part of this ordinance.

B.

Height of Structures. All structures in residential districts, must not exceed thirty-five (35) feet in height.

Subd. 11. Shoreland Alterations. Alterations of vegetation and topography is regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

A.

Vegetation Alterations.

1.

Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads, utilities, and parking areas shall be regulated by this section and this chapter.

2.

Removal or alteration of vegetation, except for agricultural uses as regulated in Subdivision 14 is allowed subject to the following standards:

a.

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.

b.

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

(1)

The minimal amount of vegetation is altered;

(2)

The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

(3)

Along rivers, existing shading of water surfaces is preserved;

(4)

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

(5)

All disturbed areas are restored to prevent erosion potential.

B.

Topographic Alterations/Grading and Filling.

1.

A grading and filling permit will be required for the movement of more than ten (10) cubic yards of material within steep slopes and shore and bluff impact zones.

2.

The issuance of construction permits, grading and filling permits, variances and subdivision approvals are subject to evaluation based on the following criteria:

a.

Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:

(1)

Sediment and pollutant trapping and retention;

(2)

Storage of surface runoff to prevent or reduce flood damage;

(3)

Fish and wildlife habitat;

(4)

Recreational use;

(5)

Shoreline or bank stabilization; and

(6)

Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

b.

Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

c.

Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

d.

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

e.

Altered areas must 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;

f.

Fill or excavated material must not be placed in a manner that creates an unstable slope;

g.

Plans to place fill or excavated material on steep slopes must be reviewed by registered Engineer for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;

h.

Fill or excavated material must not be placed in bluff impact zones;

i.

Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Department of Natural Resources under Minnesota Statutes Section 103G.245;

j.

Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

k.

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

3.

Alteration of Beds of Public Waters.

a.

Any work which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner of the Department of Natural Resources before the work is begun. This includes construction of channels, ditches, lagooning, dredging of lakes or stream bottoms or removal of muck, silt, or weeds and filling in the lake or stream bed. Approval shall be construed to mean the issuance, by the Commissioner, or a permit under the procedures of Minnesota Statutes Section 103G.245 and other related statutes.

b.

Permission for excavation on shorelands where the intended purpose is connection to protected water, such as boat slips, canals, lagoons, and harbors, may be given only after the Commissioner of the Department of Natural Resources has approved the proposed connection. Approval shall only be given if the proposed work is consistent with applicable State regulations for work in beds of public waters.

Subd. 12. Placement and Design of Roads, Driveways, and Parking Areas.

A.

Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a registered architect, registered landscape architect, or registered professional 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.

B.

All roads and parking areas shall meet the setback requirements established for structures in Subdivision 8 of this section.

C.

Roads, driveways, parking areas and any other impervious surfaces must not be placed within bluff and shore impact zones. If no alternatives exist, they may be placed within these areas, but shall not be placed closer than fifty (50) feet of the Ordinary High Water Level, and must be designed to minimize adverse impacts. Exceptions to this requirement include recreation trials and boat launch ramps.

D.

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 subpart are met. Grading and filling provisions of City Code must be met for these facilities.

E.

Natural vegetation shall be used in order to screen parking areas when viewed from a public water.

Subd. 13. Stormwater Management.

A.

Existing natural drainageways, wetlands, and vegetated soil surfaces should be used to convey, store, filter, and retain stormwater runoff before discharge to public waters, unless an improved drainage system meets all necessary regulations.

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 must 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 may be used.

D.

The installation of any erosion control measures are subject to the Minnesota Pollution Control Agency's Urban Best Management Practices, a copy of which is hereby adopted by reference and declared to be a part of this ordinance.

E.

Impervious Surfaces. The total area of all impervious surfaces on a lot shall not exceed thirty percent (30%) of the total lot area.

F.

When proposed facilities are used for stormwater management, documentation must be provided by a registered Engineer that they will be designed and installed consistent with the field office technical guide of the local soil and water conservation districts of Hennepin County, and United States Soil Conservation Service.

G.

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

Subd. 14. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be conducted if steep slopes and shore and bluff impact zones are maintained in accordance with this chapter and such use otherwise conforms to the requirements of this chapter.

Subd. 15. Water and Waste Systems. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subdivision 16 of this section.

A.

Sanitary Restrictions.

1.

A public or private supply of water for domestic purposes shall conform to Minnesota Rules Chapter 4720 and 4725 and 7048-7100.

2.

Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. Wells already existing in areas subject to flooding shall be flood proofed in accordance with accepted engineering standards.

B.

Water Supply and Sewage Treatment.

1.

Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

2.

Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

a.

Publicly-owned sewer systems must be used where available.

b.

All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled. "Individual Sewage Treatment Systems Standards, Minnesota Rules Chapter 7080" a copy of which is hereby adopted by reference and declared to be a part of this ordinance.

c.

On-site sewage treatment systems must be setback from the ordinary high water level in accordance with the setbacks contained in Subdivision 8 of this section.

d.

Public sewage disposal and commercial, agricultural, solid waste, and industrial waste disposal, shall be subject to the standards of the Minnesota Rules Chapters 7020 Animal Feedlots, 7035 Solid Waste, 7040 Sewage Sludge Management, 7048 Waste Disposal - Operators, Inspections, 7060 Underground Waters, 7065 Effluent standards for Disposal Systems, 7077 Wastewater Treatment Assistance, a copy of which is hereby adopted by reference and declared to be a part of this ordinance.

C.

Septic Tank and Soil Absorption System.

1.

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

2.

Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage: low swampy areas or areas subject to recurrent flooding; areas where the highest known ground water table, bedrock, or impervious soil conditions are within four (4) feet of the bottom of the systems; and area of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

D.

Permits—Nonconforming Sewage Treatment System. Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by Minnesota Rules 7080, Individual Sewage Treatment Systems, shall be reconstructed or replaced in accordance to the standards found in Minnesota Rules 7080.

E.

Inspection. The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this section. No part of any soil absorption system or septic tank shall be covered until it has been inspected and accepted by the Building Inspector and a permit has been obtained from the City pursuant to Subdivision 5 of this section. It shall be the responsibility of the applicant for the permit to notify the Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Inspector to make the indicated inspection within a reasonable time after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Inspector free access to the property at reasonable times for the purpose of making such inspections. If upon inspection the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards in this section, he shall give the applicant written notification describing defects. The applicant shall be responsible for correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Upon final inspection approval, the Inspector shall so notify the applicant in writing.

Subd. 16. Non-Conforming Structures, Lots, or Sewage Treatment Systems. An existing structure or use which was lawful before adoption of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:

A.

No structure or use shall be expanded, changed, enlarged, or altered in any way without complying in all respects with this section.

B.

If any non-conforming structure is destroyed or damaged by any means, to the extent that the cost of repairing or restoring such destroyed or damaged non-conforming structure would be fifty percent (50%) or more of the Assessor's Market Value for tax purposes at the time of damage, then it shall not be reconstructed except in full compliance in all respects with the provisions of this section, including, but not limited to, the obtaining of all required permits.

C.

Substandard Lots. The City may issue a building permit for a lot of record in the office of the County Recorder prior to the date of enactment of this section which does not meet the lot size requirements of this subdivision, provided the lot complies with setback provisions and sanitary restrictions of this section, and is in separate ownership from abutting lands, except those lots not in separate ownership.

D.

Nonconforming Sewage Treatment Systems.

1.

A sewage treatment system not meeting the requirement of Minnesota Rules 7080, entitled Individual Sewage Treatment Systems, 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 within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes Section 103F.201, 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 Minnesota Rules Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

Subd. 17. Subdivision Restrictions.

A.

Land Suitability. No permit shall be granted for land to be subdivided which the City finds to be unsuitable for the proposed use because of wetlands, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, flooding, inadequate drainage, soil and rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents.

B.

Inconsistent Plats. All plats which are inconsistent with this section shall be received and reviewed by the Commissioner ten (10) days before a hearing is called by the City for consideration of approval of a preliminary plat.

C.

Copies of Plats. The Commissioner shall receive all plats within shoreland areas within ten (10) days of final approval by the City.

Subd. 18. Information Requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land development suitability. The information shall include at least the following:

A.

Topographic contours at two-foot intervals showing limiting site characteristics;

B.

The surface water features required in Minnesota Statutes Section 505.02, Subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources;

C.

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 boring, percolation tests, or other methods;

D.

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;

E.

Location of shoreland areas, 100-year flood plain areas from existing adopted maps or data; and

F.

A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

G.

When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

H.

Controlled Access or Recreational Lots. Lots Intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Subdivision 8 of this section.

Subd. 19. Planned Unit Development (PUD). For PUD developments within a shoreland area as defined, the provisions of Section 11.40 shall apply.

(Source: Ordinance No. 16-96, 4-26-1996)

Subd. 20. Conditional Uses. The following standards must be used for reviewing conditional uses located in shoreland areas:

A.

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

1.

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

2.

Limiting visibility of structures and other facilities as viewed from the public waters; and

3.

Adequacy of the site for water supply and on-site sewage treatment; and

B.

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.

The City Council may impose some or any of the following 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 City Council.

C.

Administration of Conditional Use. Refer to Subdivision 5 entitled Administration, Application and Issuance of Certain Permits.

(Source: Ordinance No. 14-2004, 6-10-2004)