The definitions in section 30-1 are applicable in this division. All distances, unless otherwise specified, shall be measured horizontally.

(Code 1982, § 906.02(7))

Cross reference— Definitions generally, § 1-2.

This division is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F; Minnesota Rules parts 6105.0010—6105.0070, 6105.0150—6105.0250, 6105.0800—6105.0960, and 6120.2600—6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(Code 1982, § 906.00(1))

The uncontrolled use of shorelands along the Mississippi River in the city affects the public health, safety, and general welfare, not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety, and welfare to protect and preserve the outstanding scenic, recreational, natural, historical, and scientific values of the Mississippi River. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use, and conservation of the shorelands of public waters and thus preserve and protect existing natural, scenic, historical, scientific, and recreational values, reduce the effects of overcrowding and poorly planned development of adjacent lands, prevent pollution, preserve natural beauty and quietude, maintain proper relationships between various land use types, and prohibit new uses that are inconsistent with the statewide standards and criteria. The city hereby recognizes this responsibility.

(Code 1982, § 906.00(2))

The provisions of this division shall apply to all lands designated within the Mississippi wild and scenic river district boundaries within the city as defined in Minnesota Rules parts 6105.0910 and 6105.0950.

(Code 1982, § 906.02(1))

The use of any land within the Mississippi wild and scenic river district, 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, filling, or alteration of the natural topography, the cutting of vegetation, and the subdivision of land shall be in full compliance with the terms of this division and other applicable regulations.

(Code 1982, § 906.02(2))

It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or land use controls. However, where this division imposes greater restrictions, the provisions of this division shall prevail. In case of conflict between provisions of the Minnesota Wild and Scenic Rivers Act or Minnesota Rules, and provisions of existing ordinances, or some other law of the state, the more protective provision shall apply.

(Code 1982, § 906.02(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 30-2092(a).

(Code 1982, § 906.02(3))

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

(Code 1982, § 906.02(3))

(a)

Permits.

(1)

A permit is required for the construction of structures or structure additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and the grading and filling of the natural topography. 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.

(2)

Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by section 30-2097(3), shall be reconstructed or replaced in accordance with the provisions of this division.

(b)

Certificate of zoning compliance. The building and zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in subsection (a) of this section. 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 30-2077.

(c)

Certification by commissioner required for certain land use decisions.

(1)

Certain land use decisions which directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the commissioner as described in subsection (d) of this section:

a.

Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.

b.

Granting a variance from a provision of this division that relates to the zoning dimension provisions of this division.

c.

Approving a plat that is inconsistent with this division.

(2)

No such action shall be effective until the commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act (Minn. Stats. § 103F.301 et seq.), the statewide standards and criteria, and the management plan.

(d)

Certification procedure.

(1)

A copy of all notices of any public hearings or, where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under this division shall be sent so as to be received by the commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.

(2)

The city shall notify the commissioner of its final decision on the proposed action within ten days of the decision.

(3)

The commissioner shall, no later than 30 days from the time he receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of nonapproval.

(4)

The action becomes effective when and only when either:

a.

The final decision taken by the city has previously received certification of approval from the commissioner;

b.

The city receives certification of approval after its final decision;

c.

Thirty days have elapsed from the day the commissioner received notice of the final decision, and the city has received from the commissioner neither certification of approval nor notice of nonapproval; or

d.

The commissioner certifies his approval after conducting a public hearing.

(5)

In case the commissioner gives notice of nonapproval of an ordinance, amendment, variance, or inconsistent plat, either the applicant or the city may, within 20 days of such notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of nonapproval becomes final.

a.

The hearing will be held in an appropriate local community within 60 days of the demand and after at least two weeks' published notice.

b.

The hearing will be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6, 7.

c.

The commissioner shall either certify his approval or deny the proposed action within 30 days of the hearing action.

(Code 1982, § 906.04(1)—(4))

(a)

Requests for amendments of this division may be initiated by a petition of affected property owners, by the planning commission, or by action of the city. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report prior to action by the city.

(b)

An application for an amendment shall be filed with the building and zoning administrator.

(c)

Upon receipt in proper form of the application and other requested materials, a public hearing shall be conducted in the manner prescribed by state law. Following the public hearing, the city may adopt the amendment in the manner prescribed by state law.

(d)

Certification from the commissioner must be obtained as specified in section 30-2092(c) and (d) before the proposed amendment or rezoning becomes effective.

(Code 1982, § 906.04(5))

(a)

Authorized. 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 and if the following conditions are present:

(1)

The strict enforcement of the land use controls will result in unnecessary hardship.

(2)

Granting of the variance is not contrary to the purpose and intent of this division and is consistent with Minnesota Rules parts 6105.0800—6105.0960.

(3)

There are exceptional circumstances unique to the subject property which were not created by the landowner.

(4)

Granting of the variance will not allow any use that is neither a permitted nor conditional use in the land use district in which the subject property is located.

(5)

Granting of the variance will not alter the essential character of the locality.

(b)

Conditions. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest.

(c)

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

(d)

Procedure; certification. 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. All granted variances to the requirements of this division must be certified in accordance with section 30-2092(c) and (d) before they become effective.

(Code 1982, § 906.04(8))

(a)

Copies of all plats within the Mississippi wild and scenic river district shall be forwarded to the commissioner within ten days of approval by the city.

(b)

Approval of a plat which is inconsistent with this division is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.

(c)

All inconsistent plats approved by the city must be certified in accordance with section 30-2092(c) and (d).

(Code 1982, § 906.04(7))

A copy of all notices of any public hearing or, where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the commissioner at least 30 days prior to such a hearing or meeting to consider issuance of a conditional use permit. Additional evaluation criteria and conditions from section 30-2027 shall be considered in evaluating conditional use permit requests. A copy of the decision shall be forwarded to the commissioner within ten days of such action.

(Code 1982, § 906.04(8))

All legally established nonconforming uses 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 the Mississippi wild and scenic river district:

(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 controls that do not meet the requirements of section 30-2131 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 a 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 and certified in accordance with subdivision II of this division before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustments shall consider prerequisites for a variance, 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 30-2131, 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 30-2131 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 30-2094.

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 30-2138 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, § 906.10)

(a)

In order to preserve and protect the Mississippi River and its adjacent lands, which possess outstanding scenic, recreational, natural, historical, scientific, and similar values, the Mississippi River in the city has been designated as a wild and scenic river district, the boundaries of which are based on the Mississippi River rule, Minnesota Rules parts 6105.0910 and 6105.0950.

(b)

The boundaries of the Mississippi wild and scenic river district are shown on the map designated as the city's official zoning map, which is made a part of this division and is on file with the building and zoning administrator. In case of conflict between the zoning map and the property descriptions in Minnesota Rules, the former shall prevail.

(Code 1982, § 906.06(1))

(a)

Character of district; overlay concept. The Mississippi wild and scenic river district for the city shall be treated as an overlay district. All permitted, accessory, conditional, and prohibited uses as specified by the applicable underlying zoning district shall apply, except that marinas and extractive uses are prohibited. The development of public or private recreational facilities shall conform to the design specification guidelines in Minnesota Rules part 6105.0940. These underlying 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 Mississippi wild and scenic river district shall be consistent with the city's growth management plan.

(b)

Rezoning of underlying land. In reviewing proposals to rezone any land underlying the Mississippi wild and scenic river overlay district, the city shall ensure that the proposed zoning district is consistent with section 30-2073 and the criteria, considerations, and objectives in this article. Rezoning must be certified in accordance with subdivision II of this division.

(Code 1982, § 906.06(2))

The following standards shall apply to the Mississippi wild and scenic river district as established 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 division is derived shall be as follows:

_____

(1)

Unsewered areas in the Mississippi wild and scenic river district shall be subject to the following:

(2)

Other sewered areas in the Mississippi wild and scenic river district shall be subject to the following:

_____

(3)

Additional special provisions.

a.

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.

b.

The sewered lot area and lot width dimensions in subsection (2) of this section may only be used if a publicly owned sewer system is available to the property.

c.

Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1) and (2) of this section may only be allowed if designed and approved as residential planned unit developments under section 30-2152 and divisions 6 through 9 of this article.

d.

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 standards of section 30-2021(4)b.

(Code 1982, § 906.08(1))

(a)

Placement of structures on lot; setbacks. When more than one setback applies to a site, structures and facilities shall be located so as to meet all setbacks. Structures shall be located as follows:

(1)

Structure and on-site sewage system setbacks from the ordinary high-water level in the Mississippi wild and scenic river district shall be as follows:

a.

Setbacks in Sections 33 and 34, Township 33 North, Range 26 West:

1.

Structures:

i.

Unsewered: 75 feet.

ii.

Sewered: 50 feet.

2.

Sewage treatment system: 50 feet.

b.

Setbacks in wild and scenic river district not in Sections 33 and 34, Township 33 North, Range 26 West:

1.

Structures:

i.

Unsewered: 100 feet.

ii.

Sewered: 100 feet.

2.

Sewage treatment system: 50 feet.

(2)

Additional structure setbacks shall be subject to the requirements set forth in section 30-2022(a)(2) through (4). Any reference to the normal structure setback in these provisions shall be in accordance with the setbacks contained in subsection (a)(1) of this section.

(3)

Where structures exist on the adjoining lots on both sides of a proposed building site, and if the lot does not meet the minimum lot width requirements of this division and if the proposed building site is not located in a shore impact zone or in a bluff impact zone, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high-water level.

(b)

Design criteria; height. Design criteria and height for structures shall be subject to section 30-2022(b) and (c). Any reference to the normal structure setback in these provisions shall be in accordance with the setbacks contained in subsection (a)(1) of this section.

(Code 1982, § 906.08(2))

(a)

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

(b)

Vegetation alterations. These vegetative cutting provisions shall apply to those areas within structure setbacks from the ordinary high-water level and top of the bluff specified in section 30-2132(a)(1) and (2).

(1)

General provisions within these setback areas are as follows:

a.

Clearcutting, except for any authorized public services such as roads and utilities, shall not be permitted.

b.

Selective cutting of trees in excess of four inches in diameter at breast height is permitted, provided a continuous tree cover is maintained, uninterrupted by large openings, and cutting is spaced in several cutting operations.

c.

The cutting provisions of subsections (b)(1)a and b of this section shall not be deemed to prevent:

1.

The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.

2.

Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height.

(2)

Clearcutting. Clearcutting anywhere in the Mississippi wild and scenic river district is subject to the following standards and criteria:

a.

Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the building and zoning administrator to be fragile and subject to injury, severe erosion, or sedimentation.

b.

Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.

c.

The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary.

d.

Where feasible, all clearcuts shall be conducted between September 15 and April 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.

(c)

Topographic alterations; grading and filling; alterations of beds of public waters.

(1)

Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted.

(2)

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the building and zoning administrator. A grading and filling permit may be issued only if the following conditions are properly satisfied:

a.

Grading and filling are performed in a manner that minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.

b.

The smallest amount of bare ground is exposed for as short a time as feasible.

c.

Temporary ground cover, such as mulch, is used, and permanent ground cover, such as sod, is planted.

d.

Methods to prevent erosion and trap sediment are employed.

e.

Fill is stabilized to accepted engineering and erosion control standards.

(3)

Excavation of material from or filling in a wild, scenic, or recreational river, or construction of any permanent structures or navigational obstructions therein, is prohibited unless authorized by a permit from the commissioner pursuant to Minn. Stats. § 103G.245. Minn. Stats. § 103G.245 requires a permit from the commissioner before any change is made in the course, current, or cross section of public waters.

(4)

Drainage or filling in of wetlands is not allowed within the Mississippi wild and scenic river district.

(Code 1982, § 906.08(3))

(a)

All utility crossings of the Mississippi River or state lands within the Mississippi wild and scenic river district require a license from the commissioner pursuant to Minn. Stats. § 84.415.

(b)

All utility transmission crossings constructed within the Mississippi wild and scenic river district shall require a conditional use permit. The construction of such transmission services shall be subject to Minnesota Rules parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the environmental quality board pursuant to Minn. Stats. § 116C.61.

(Code 1982, § 906.08(4))

(a)

In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of public roads within the Mississippi wild and scenic river district. Such construction or reconstruction shall be subject to Minnesota Rules parts 6105.0190 and 6105.0200.

(b)

Public roads include township, county, and municipal roads, streets, and highways that were or are designed to serve flows of traffic between communities and other traffic-generating areas. A conditional use permit is not required for minor public streets that are streets intended to serve primarily as an access to abutting properties.

(c)

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.

(d)

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

(Code 1982, § 906.08(5))

The general and specific standards of section 30-2025 shall be met.

(Code 1982, § 906.08(6))

Commercial uses, industrial uses, public uses, semipublic uses, agricultural uses, forestry, and mining of metallic minerals and peat shall be subject to the standards set forth in section 30-2026.

(Code 1982, § 906.08(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 which meets all of the requirements of Sherburne County Zoning Ordinance, section 17.5 "Subsurface Sewage Treatment System Program," and section 30-2028, except that on-site sewage treatment systems shall be set back from the ordinary high-water level in accordance with the setbacks contained in section 30-2132(a).

(Code 1982, § 906.08(8); Ord. No. 15-06, § 5, 2-17-2015)

Each lot created through subdivision, including planned unit developments authorized under section 30-2152, shall be subject to the requirements set forth in this section. 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 30-2132 and 30-2138 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 30-2131, including at least a minimum contiguous lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems.

(Code 1982, § 906.12)

(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 divisions 6 through 9 of this article and section 30-2096. Approval cannot occur until the environmental review process (EAW/EIS) is complete.

(c)

Standards. Residential PUDs shall be subject to the requirements set forth in section 30-2042(c) through (e), and commercial PUDs shall be subject to the requirements set forth in section 30-2042(c), (d), and (f). Both residential and commercial PUDs shall also be subject to the following:

(1)

On-site sewage treatment systems shall be set back from the ordinary high-water level in accordance with the setbacks contained in section 30-2132(a).

(2)

The development of recreational facilities shall conform to the design specification guidelines in Minnesota Rules part 6105.0940.

(3)

In addition to any requirements for preservation of vegetation in open space areas by permanent means, the provisions of section 30-2133 shall minimally be met.

(Code 1982, § 906.14)