The definitions in section 30-1 are applicable in this division. For the purpose of this division, unless specifically defined in section 30-1, words or phrases used in this division shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application. All distances, unless otherwise specified, shall be measured horizontally.

(Code 1982, § 904.02(7))

Cross reference— Definitions generally, § 1-2.

This division is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minnesota Regulations parts 6120.2500—6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(Code 1982, § 904.00(1))

The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.

(Code 1982, § 904.00(2))

The provisions of this division shall apply to the shorelands of the public water bodies as defined in section 30-1 and as classified in subdivision III of this division. Pursuant to Minnesota Regulations parts 6120.2500—6120.3900, no lake, pond, or flowage less than ten 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 city council, be exempt from this division.

(Code 1982, § 904.02(1))

The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of structures on 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 shall be in full compliance with the terms of this division and other applicable regulations.

(Code 1982, § 904.02(2))

In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(Code 1982, § 904.02(4))

It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division imposes greater restrictions, the provisions of this division shall prevail.

(Code 1982, § 904.02(6))

Any violation of the provisions of this division or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, shall constitute a misdemeanor and shall be punishable as outlined in section 30-576 and as defined by Minnesota Rules and state statutes. Violations of this division can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 30-1982.

(Code 1982, § 904.02(3))

The city is responsible for the administration and enforcement of this division.

(Code 1982, § 904.02(3))

(a)

A permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 30-2023. Application for a permit shall be made to the building and zoning administrator on the forms provided. The application shall include the necessary information so that the building and zoning administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

(b)

Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by section 30-2028, shall be reconstructed or replaced in accordance with the provisions of this division.

(Code 1982, § 904.04(1))

The building and zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 30-1982. This certificate will specify that the use of land conforms to the requirements of this division. Any use, arrangement, or construction at variance with that authorized by the permit shall be deemed a violation of this division and shall be punishable as provided in section 30-1968.

(Code 1982, § 904.04(2))

(a)

Authorized; criteria for granting. Variances may be considered for deviations from the strict application of the standards set forth in this division. Variances may only be granted in accordance with Minn. Stats. ch. 462, as applicable. A variance may not circumvent the general purposes and intent of this division. 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 and to protect adjacent properties and the public interest. Variances may be granted subject to the findings and standards as required by subdivision II of division 2 of this article. Additionally, when considering a variance request in shoreland areas, the board of adjustments shall also consider the following:

(1)

Whether the property owner has reasonable use of the land without the variance;

(2)

Whether the property is used seasonally or yearround;

(3)

Whether the variance is being requested solely on the basis of economic considerations; and

(4)

The characteristics of development on adjacent properties.

(b)

Nonconforming sewage treatment systems. Additional standards for nonconforming sewage treatment systems are as follows:

(1)

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

(2)

The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.

(c)

Action by board of adjustments. The board of adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the state department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in section 30-1985(b) shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(Code 1982, § 904.04(3))

(a)

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivisions/plats.

(b)

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

(Code 1982, § 904.04(4))

All legally established nonconformities as of the effective date of the ordinance from which this article is derived may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:

(1)

Construction on nonconforming lots of record.

a.

Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of subdivision IV of this division may be allowed as building sites without variances from lot size 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 substandard, the lot was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this division are met.

b.

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

c.

If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of section 30-2021, the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot shall be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of section 30-2021 as much as possible.

(2)

Additions or expansions to nonconforming structures.

a.

All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of subdivision IV of this division. Any deviation from these requirements shall be authorized by a variance pursuant to section 30-1984.

b.

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 criteria and standards are met:

1.

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

2.

A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high-water level setback of the structure;

3.

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

4.

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

(3)

Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of section 30-2028 shall 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.

(Code 1982, § 904.10)

(a)

Criteria. The public waters of the city have been classified as provided in this section consistent with the criteria found in Minnesota Regulations part 6120.3300, and the Protected Waters Inventory Map for Sherburne County, Minnesota, on file with the county administrative offices.

(b)

Shoreland area. The shoreland area for the water bodies listed in this section shall be as defined in section 30-1 and as shown on an overlay map which is available at city hall.

(c)

Lakes.

_____

(1)

Natural environmental lakes.

(2)

General development lakes.

(d)

Rivers and streams.

(1)

Urban rivers.

(2)

Tributary streams.

_____

(3)

Wild and scenic rivers.

Mississippi River (see division 13 of this article).

(Code 1982, § 904.06(1))

(a)

Purpose. The purpose of the shoreland overlay district is to provide for the wise development of the shorelands of the city, to preserve and enhance the quality of surface waters, and to preserve the economic and natural values of shoreland areas.

(b)

Overlay concept. The shoreland areas of the city shall be treated as an overlay district. All permitted, conditional and prohibited uses as specified by the applicable underlying zoning district shall apply. These districts are shown on the zoning map, and the uses are described in divisions 6 through 9 of this article. In addition, land use patterns within the shoreland areas shall be consistent with the city's growth management plan.

(c)

Rezoning of land within shoreland areas. In reviewing proposals to rezone any land located within shoreland areas, the city shall ensure that the proposed zoning district is consistent with the following criteria, considerations, and objectives:

(1)

General considerations and criteria for all land uses are as follows:

a.

Preservation of natural areas;

b.

Present ownership and development of shoreland areas;

c.

Shoreland soil types and their engineering capabilities;

d.

Topographic characteristics;

e.

Vegetative cover;

f.

In-water physical characteristics, values, and constraints;

g.

Recreational use of the surface water;

h.

Road and service center accessibility;

i.

Socioeconomic development needs and plans as they involve water and related land resources;

j.

The land requirements of industry which, by its nature, requires location in shoreland areas; and

k.

The necessity to preserve and restore certain areas having significant historical or ecological value.

(2)

Factors and criteria for planned unit developments are as follows:

a.

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

b.

Physical and aesthetic impacts of increased density;

c.

Suitability of lands for the planned unit development approach;

d.

Level of current development in the area; and

e.

Amounts and types of ownership of undeveloped lands.

(Code 1982, § 904.06(2))

The following standards shall apply to all shorelands of the protected waters listed in subdivision III of this division. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this section, the more restrictive standards shall apply. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of the ordinance from which this article is derived for the lake and river/stream classifications shall be as follows:

_____

(1)

Lakes (unsewered areas).

a.

Natural environment.

b.

General development.

(2)

Lakes (sewered areas)

c.

General development.

d.

Natural environment.

(3)

Rivers and streams. There are no minimum lot size requirements for rivers and streams except as specified in the underlying zoning district. The lot width standards for single-family residential developments shall be as follows:

Urban rivers and tributary streams:

_____

(4)

Additional special provisions.

a.

Applicability of standards; planned unit developments. Residential subdivisions with dwelling unit densities exceeding those in the tables in this section may only be allowed if designed and approved as residential planned unit developments under section 30-2042 and divisions 6 through 9 of this article. Only land above the ordinary high-water level of public waters may be used to meet lot area standards, and lot width standards shall be met at both the ordinary high-water level and at the building line. The sewered lot area dimensions in this section may only be used if a publicly owned sewer system is available to the property.

b.

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

1.

Lots shall meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.

2.

If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) shall be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

CONTROLLED ACCESS LOT
FRONTAGE REQUIREMENTS

3.

Lots shall 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.

Recorded covenants or other equally effective legal instruments that specify which lot owners have authority to use the access lot and what activities are allowed are required. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They shall 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 swimming, sunbathing, or picnicking. The covenants shall 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 shall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They shall 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.

(Code 1982, § 904.08(1); Ord. No. 01-14, § 1, 10-15-2001; Ord. No. 05-09, § 3, 4-4-2005)

(a)

Placement of structures on lots. When more than one setback applies to a site, structures and facilities shall 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)

Setbacks from ordinary high-water level. Structure and on-site sewage system setbacks from the ordinary high-water level shall be as follows:

_____

_____

One water-oriented accessory structure designed in accordance with subsection (b) of this section may be set back a minimum distance of ten feet from the ordinary high-water level.

(2)

Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body:

a.

Setback from top of bluff: 30 feet.

b.

Setback from unplatted cemetery; 50 feet.

(3)

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

(4)

Uses without water-oriented needs. Commercial, industrial, public and semipublic uses without water-oriented needs shall be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high-water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(b)

Design criteria for structures.

(1)

Flood protection elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows:

a.

For lakes, the elevation shall be determined by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high-water level, whichever is higher.

b.

For rivers and streams, the elevation shall be determined by placing the lowest floor at least three feet above the highest known water level.

c.

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined pursuant to this subsection (b)(1) if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

(2)

Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection (a) of this section if this water-oriented accessory structure complies with the following provisions:

a.

The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.

b.

The setback of the structure or facility from the ordinary high-water level shall be at least ten feet.

c.

The structure or facility shall 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.

d.

The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area.

e.

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

f.

As an alternative for general development water bodies, water-oriented accessory structures used solely for watercraft storage, including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

(3)

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 area. If stairways, lifts, and landings meet the following design requirements they shall not be considered a water-oriented accessory structure; however, they may be required to receive a building permit:

a.

Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments;

b.

Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties, and planned unit developments;

c.

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

d.

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;

e.

Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and

f.

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 subsections (b)(3)a through e of this section are complied with in addition to the requirements of Minnesota Regulations chapter 1340.

(4)

Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

(5)

Steep slopes. The building and zoning administrator 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 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.

(c)

Height of structures. All structures in city residential districts, except churches and nonresidential agricultural structures, shall not exceed 30 feet in height.

(Code 1982, § 904.08(2))

(a)

Generally. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

(b)

Vegetation alterations.

(1)

Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 30-2024 are exempt from the vegetation alteration standards in this subsection.

(2)

Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in section 30-2026(b) and (c), is allowed subject to the following standards:

a.

Intensive vegetation clearing within the shore and bluff impact zones and on sleep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas may be permitted as a conditional use subject to the standards set forth in section 30-2027 if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

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

2.

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

3.

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

(c)

Topographic alterations (grading and filling).

(1)

Notwithstanding subsections (2) and (3) of this subsection, a grading and filling permit shall be required for the movement of more than 100 square feet of material one foot in depth.

(2)

Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

(3)

Public roads and parking areas are regulated by section 30-2024.

(4)

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:

a.

Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall 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.

This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The applicant will be so advised.

b.

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

c.

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

d.

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

e.

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.

f.

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

g.

Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes which are greater than 4 to 1 (four feet horizontal to one foot vertical).

h.

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

i.

Any alterations below the ordinary high-water level of public waters shall first be authorized by the commissioner under Minn. Stats. § 105.42.

j.

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

k.

Placement of natural rock riprap and placement of a filter blanket shall be allowed without a permit if the finished slope does not exceed four feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high-water level and does not extend five feet below the ordinary high-water level, and the height of the riprap above the ordinary high-water level does not exceed three feet. A permit shall be required for placement of riprap which exceeds these standards.

(Code 1982, § 904.08(3))

(a)

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 by a qualified individual 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)

Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones.

(c)

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 division are met. For private facilities, the grading and filling provisions of section 30-2023(c) shall be met.

(Code 1982, § 904.08(4))

The following general and specific standards shall apply to stormwater management:

(1)

General standards.

a.

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

b.

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

c.

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

(2)

Specific standards.

a.

Impervious surface coverage of lots shall not exceed 25 percent of the lot area. In lieu of meeting this impervious surface requirement, a property may submit a stormwater drainage plan to the city for review and approval which restricts the developed five-year frequency event peak discharge to a rate no greater than the five-year historic undeveloped peak discharge. To the maximum extent possible, the drainage plan must also provide for methods of runoff settlement and/or filtration prior to discharge to the receiving water.

b.

When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

c.

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

(Code 1982, § 904.08(5))

(a)

Standards for commercial, industrial, public, and semipublic uses. Surface-water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs shall meet the following standards:

(1)

In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this division, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures.

(2)

Uses that require short-term watercraft mooring for patrons shall centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

(3)

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the provisions of the sign regulations of this article and the following general standards:

a.

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.

b.

No signs may be placed within the shore impact zone or bluff impact zone.

c.

Other outside lighting may be located within the shore impact zone or over public waters if 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.

(b)

Agricultural use standards. Standards for agricultural uses are as follows:

(1)

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 operated under an approved conservation plan (resource management system) consistent with the field office technical guides of the local soil and water conservation district or 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.

(2)

Animal feedlots shall meet the following standards:

a.

New feedlots shall not be located in the shoreland of watercourses or in bluff impact zones and shall meet a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and

b.

Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-water level setback or encroach on bluff impact zones.

(c)

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," a copy of which is available through the state department of natural resources.

(d)

Extractive use standards. The following standards shall apply to extractive uses:

(1)

Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site, pursuant to chapter 42, article II. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It shall also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be rehabilitated after extractive activities end.

(2)

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.

(Code 1982, § 904.08(6))

Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses as set forth in subdivision III of division 2 of this article. The following additional evaluation criteria and conditions shall be considered in evaluating conditional use permit requests within shoreland areas:

(1)

Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils conditions on the site shall be made to ensure that:

a.

Soil erosion or other possible pollution of public waters is prevented, both during and after construction;

b.

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

c.

The site is adequate for water supply and on-site sewage treatment; and

d.

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

(2)

Conditions. The city, upon consideration of the criteria listed in subsection (1) of this section and the purposes of this division, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the following:

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.

(Code 1982, § 904.08(7))

(a)

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

(b)

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

(1)

Publicly owned sewer systems shall be used where available.

(2)

All private sewage treatment systems shall meet or exceed the requirements of Sherburne County Zoning Ordinance, section 17.5, as amended, which is hereby adopted by reference and declared to be a part of this division.

(3)

On-site sewage treatment systems shall be set back from the ordinary high-water level in accordance with the setbacks contained in section 30-2022(a).

(4)

All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections (b)(1) through (4) of this section. It shall be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria are as follows:

a.

Depth to the highest known or calculated groundwater table or bedrock.

b.

Soil conditions, properties, and permeability.

c.

Slope.

d.

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

(5)

Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 30-1986(3).

(Code 1982, § 904.08(8); Ord. No. 15-06, § 3, 2-17-2015)

(a)

Land suitability. Each lot created through subdivision, including planned unit developments authorized under section 30-2042, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

(b)

Conformance with subdivision controls. Subdivisions shall conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with sections 30-2022 and 30-2028 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 30-2021, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks shall not be approved.

(c)

Information requirements. Sufficient information shall be submitted by the applicant according to section 30-353 for the city to make a determination of land suitability. In addition, the following information shall be provided in shoreland districts:

(1)

Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot, from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

(2)

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;

(3)

Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

(4)

A line or contour representing the ordinary high-water level as established by the state department of natural resources, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

(d)

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

(e)

Controlled access or recreational lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision shall meet or exceed the sizing criteria in section 30-2021(4).

(Code 1982, § 904.12)

(a)

Permissible types of development. Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land.

(b)

Approval procedure. Planned unit developments shall be processed as a conditional use pursuant to this article. If an EAW or EIS is required, approval of the PUD cannot occur until the environmental review process is complete.

(c)

Application. The applicant for a PUD shall submit the following documents as a part of the application:

(1)

A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided) and topographic contours at two-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat shall indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two.

(2)

A property owners' association agreement (for residential PUDs) with mandatory membership, in accordance with the requirements of subsection (e)(3) of this section.

(3)

Deed restrictions, covenants, permanent easements or other instruments that:

a.

Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

b.

Ensure the longterm preservation and maintenance of open space in accordance with the criteria and analysis specified in subsection (e) of this section.

(4)

When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.

(5)

Those additional documents as requested by the building and zoning administrator that are necessary to explain how the PUD will be designed and will function.

(d)

Site "suitable area" evaluation. Proposed new planned unit developments or expansions to existing planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation under subsections (e) and (f) of this section:

(1)

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:

SHORELAND TIER DIMENSIONS

(2)

The suitable area within each tier is next 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 PUD density evaluation. The procedures for determining the base density of a residential PUD and density increase multipliers are as follows:

(1)

Residential PUD base density evaluation.

a.

The suitable area within each tier is divided by the single residential lot size standard to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit development are then compared with the tier, density, and suitability analyses in this section and the design criteria in subsection (e)(2) of this section.

b.

A determination is made as to whether the project is eligible for any density increases. To be eligible, projects shall meet all of the design standards in subsection (e)(2) of this section and exceed one or more of them. The city may decide how much, if any, increase in density to allow for each tier, but shall not exceed the maximum allowable density increases listed in the following table:

MAXIMUM ALLOWABLE DWELLING UNIT OR SITE DENSITY INCREASES FOR RESIDENTIAL PLANNED UNIT DEVELOPMENTS

Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but shall not be transferred to any other tier closer.

(2)

Design criteria. The design criteria are as follows:

a.

All residential planned unit developments shall contain at least five dwelling units or sites.

b.

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

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 the dwelling units or sites, or the public.

5.

The shore impact zone, based on normal structure setbacks, shall be included as open space. 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 or existing state.

6.

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

7.

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.

8.

Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

c.

Centralization and design of facilities and structures shall be done according to the following standards:

1.

Residential planned unit developments shall be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems shall be designed and installed to meet or exceed the requirements of Sherburne County Zoning Ordinance, section 17.5 "Subsurface Sewage Treatment System Program," and sections 30-2022 and 30-2028. On-site sewage treatment systems shall be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors shall be provided for a replacement sewage treatment system.

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 for developments with density increases. Maximum density increases may only be allowed if structure setbacks from the ordinary high-water level are increased to at least 50 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.

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 areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other 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.

5.

Water-oriented accessory structures and facilities may be allowed if they meet or exceed the design standards contained in section 30-2022 and are centralized.

6.

Accessory structures and facilities may be allowed if they meet or exceed the standards in subdivision IV of this division and are centralized.

d.

Erosion control and stormwater management for residential planned unit developments shall:

1.

Be designed, and their 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 a soil and water conservation district may be required if project size and site physical characteristics warrant.

2.

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

(3)

Administration and maintenance requirements. Before final approval of all residential planned unit developments, the city shall ensure adequate provisions have been developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development as a community.

a.

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 protections:

1.

Commercial uses are prohibited;

2.

Vegetation and topographic alterations other than routine maintenance are prohibited;

3.

Construction of additional buildings or storage of vehicles and other materials are prohibited; and

4.

Uncontrolled beaching is prohibited.

b.

All residential planned unit developments shall use an owners' association with the following features:

1.

Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers.

2.

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

3.

Assessments shall be adjustable to accommodate changing conditions.

4.

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

(4)

Conversions. The city may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met:

a.

Proposed conversions shall be initially evaluated using the same procedures and standards presented in this division for developments involving all new construction. Inconsistencies between existing features of the development and these standards shall be identified.

b.

Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permit.

c.

Shore and bluff impact zone deficiencies shall be evaluated and reasonable improvements made as part of the conversion. These improvements shall include, where applicable, the following:

1.

Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; and

2.

Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water.

If existing dwelling units are located in shore or bluff impact zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

d.

Existing dwelling unit or dwelling site densities that exceed the standards in this division may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(f)

Commercial planned unit developments. The density evaluation steps and design criteria for commercial planned unit developments are as follows:

(1)

Density evaluation steps. Density evaluation steps are as follows:

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 need 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

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

_____

c.

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

d.

Divide the area computed under subsection (f)(1)c of this section by the average determined under subsection (f)(1)a of this section. This yields a base number of dwelling units and sites for each tier.

e.

Determine whether the project is eligible for any additional density increases. To be eligible, projects shall meet all of the design standards in subsection (f)(2) of this section and exceed one or more of them. The city may decide how much, if any, increase in density to allow for each tier, but shall not exceed the maximum allowable density increases listed in the following table:

MAXIMUM ALLOWABLE DWELLING UNIT OR SITE DENSITY INCREASES FOR COMMERCIAL PLANNED UNIT DEVELOPMENTS

f.

Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or river, but shall not be transferred to any other tier closer.

(2)

Design criteria. The design criteria are as follows:

a.

Commercial planned unit developments shall contain open space meeting all of the following criteria:

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 or parking areas, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of 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.

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

5.

Open space may include outdoor recreation facilities for use by guests staying in dwelling units or sites, or the public.

6.

Open space may include subsurface sewage treatment systems if use of the space is restricted to avoid adverse impacts on the systems.

b.

Design of structures and facilities shall be done according to the following standards:

1.

Commercial planned unit developments shall be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems shall be designed and installed to meet or exceed the requirements of Sherburne County Zoning Ordinance, section 17.5 "Subsurface Sewage Treatment System Program," and sections 30-2022 and 30-2028. On-site sewage treatment systems shall be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors shall be provided for a replacement soil treatment system for each sewage system.

2.

Dwelling units or sites shall be 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 surface water features, and maximum height. Maximum density increases may only be allowed if structure setbacks from the ordinary high-water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography or other means acceptable to the city and the setback is at least 25 percent greater than the minimum setback.

3.

Structures, parking areas, and other facilities shall be designed and located in a manner that minimizes their visibility from surface water features, assuming summer, leaf-on conditions. The structure, dwelling unit, accessory structure, or parking area 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.

4.

Water-oriented accessory structures and facilities may be located within shore impact zones if they meet or exceed design standards contained in section 30-2022.

5.

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

c.

Erosion control and stormwater management facilities for commercial planned unit developments shall:

1.

Be designed, and their 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.

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 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with section 30-2023.

(Code 1982, § 904.14; Ord. No. 15-06, § 4, 2-17-2015)