Overlay districts are established in recognition of the unique characteristics of land and land use within certain parts of the city, including those properties within historic areas, flood-prone areas, shoreland areas, and within and adjacent to the city's airport facilities. Overlay districts are further intended to protect the public health, safety, and welfare by preserving the unique character of existing areas for future use and development.

(Ord. No. 99-20, § 1, 11-23-99)

Property located within an overlay district shall be subject to the provisions of both the primary zoning district and the overlay district. Since overlay districts may be more or less restrictive than the primary zoning district, where the provisions of the overlay and primary zoning districts are in conflict, the provisions of the overlay district shall govern.

(Ord. No. 99-20, § 1, 11-23-99)

Overlay district boundaries shall be as specified in the individual overlay district regulations.

(Ord. No. 99-20, § 1, 11-23-99)

The overlay district names are:

(1)

Floodplain Management Districts.

(2)

Heritage Preservation District.

(3)

Airport District.

(4)

Shoreland Management District.

(Ord. No. 99-20, § 1, 11-23-99)

The floodplain management districts are established to promote the public health, safety, and general welfare, and to minimize those losses caused by the cumulative effect of obstruction in floodways causing increases in flood heights and velocities, and the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.

(Ord. No. 2012-03, § 2, 3-27-12)

The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses.

(Ord. No. 2012-03, § 2, 3-27-12)

This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59—78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Existence of potential hazards. The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(B)

Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.

(Ord. No. 2012-03, § 2, 3-27-12)

The provisions of this section shall apply to all lands within the jurisdiction of the City of Faribault, Minnesota, shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.

(Ord. No. 2012-03, § 2, 3-27-12)

The Official Zoning Map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the following:

• Flood Insurance Study for Rice County, Minnesota, and Incorporate Areas, dated 4/6/2022

• Flood Insurance Rate Map panels 27131C0259D, 27131C0260D, 27131C0266D, 27131C0267D, 27131C0268D, 27131C0269D, and 27131C0275D, dated April 3, 2012

• Flood Insurance Rate Map panel 27131C0300E, dated April 6, 2022

• The Letter of Map Revision (LOMR) for the City of Faribault identified as Case Number 12-05-1808P, with an insuance date of February 17, 2012

(Ord. No. 2012-03, § 2, 3-27-12; Ord. No. 2021-15, § 1, 12-28-21)

The regulatory flood protection elevation shall be an elevation no lower than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway.

(Ord. No. 2012-03, § 2, 3-27-12)

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

(Ord. No. 2012-03, § 2, 3-27-12)

The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the City Council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.

(Ord. No. 2012-03, § 2, 3-27-12)

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

(Ord. No. 2012-03, § 2, 3-27-12)

This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. No. 2012-03, § 2, 3-27-12)

If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

(Ord. No. 2012-03, § 2, 3-27-12)

The Flood Insurance Rate Map panels adopted by reference into section 13-90 above may include floodplain areas that lie outside of the corporate boundaries of the City of Faribault at the time of adoption of this Ordinance. If any of these floodplain land areas are annexed into the City of Faribault after the date of adoption of this Ordinance, the newly annexed floodplain lands shall be subject to the provisions of this Ordinance immediately upon the date of annexation into the City of Faribault.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Established. The following districts are designated for the purpose of regulating land use within the regulatory floodplain:

(1)

Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in section 13-90.

(2)

Flood Fringe District. The Flood Fringe District shall include those areas designated as Zone AE and located outside of the floodway on the Flood Insurance Rate Map adopted in section 13-90.

(3)

General Floodplain District. The General Floodplain District shall include those areas designated as Zone A and Zone AE (without a floodway designated) on the Flood Insurance Rate Map adopted in section 13-90, which are not subject to criteria in [subsection] 13-130[(A)](1) or 13-130[(A)](2) above.

(B)

Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Floodplain Districts, all uses not listed as permitted uses or conditional uses in Sections 13-140, 13-150, 13-160, and 13-165 that follow, respectively, shall be prohibited. In addition, a caution is provided here that:

(1)

New manufactured homes, replacement manufactured homes and certain travel trailers and recreational vehicles are subject to the general provisions of this Ordinance and specifically Section 13-190.

(2)

Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 13-230.

(3)

As-built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 13-200 of this Ordinance.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

In general. All permitted and conditional uses allowed in the Floodway District are listed in Table 13-1. Permitted uses in the Flood Fringe District shall be those uses of land or structures listed as permitted uses in the underlying zoning use district, as listed elsewhere in this ordinance. Any structure within the Flood Fringe District that is not elevated on fill or floodproofed in accordance with Section 13-160(B)(1) or (2) or any use of land that does to comply with the standards identified elsewhere in this section in Section 13.160(B)(3) or (4) shall only be allowable as a conditional use, in accordance with the procedures specified in Chapter 2, Administration and Enforcement and Section 13-220.

(B)

Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish a permitted use shall obtain a zoning certificate for such use as specified in Sections 2-190 through 2-250. A request for a zoning certificate shall be accompanied by plans drawn to scale showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, or storage of material, and location in relation to the stream channel.

(C)

Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Sections 2-260 through 2-340 and Section 13-220. A request for a conditional use permit shall be accompanied by plans drawn to scale showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, or storage of material, and location in relation to the stream channel.

(D)

Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the City Planner to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Section 2-50 governing determination of substantially similar uses.

(E)

Specific standards. Permitted and conditional uses specified with an "x" under the Specific Standards column shall be subject to the standards identified elsewhere in this section.

Table 13-1. Principal uses in Floodway District.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Standards for permitted uses. The following standards apply to all permitted uses within the Floodway District:

(1)

The use shall have a low flood damage potential.

(2)

The use shall be permissible in the underlying zoning district.

(3)

The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment.

(B)

Standards for conditional uses. The following standards apply to conditional uses within the Floodway District:

(1)

All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damage in the reach or reaches affected. The conditional use must also be permissible in the underlying zoning district.

(2)

Fill.

(a)

Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable methods.

(b)

Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.

(c)

As an alternative, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood, but only after the city has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder.

(3)

Accessory structures. Permissible as a conditional use for those uses listed in Table 13-1.

(a)

Accessory structures shall not be designed for human habitation.

(b)

Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of the floodwaters.

(i)

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow.

(ii)

So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

(c)

Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:

(i)

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;

(ii)

Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and

(iii)

To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one (1) foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

(4)

Storage of materials and equipment.

(a)

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(b)

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.

(5)

Structural works. Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statutes, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

(6)

A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of the stream.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Standards for all uses. The following standards apply to all uses within the Flood Fringe District:

(1)

All uses. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the City Council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

(2)

Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at an elevation lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood.

(3)

Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood duration. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 13-160(A)(2) immediately above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

(4)

Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(5)

Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.

(6)

Recreational vehicles. Standards for recreational vehicles are contained in Section 13-190.

(7)

Manufactured homes. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements.

(B)

Standards for flood fringe permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). The following standards apply to all permitted uses within the Flood Fringe District:

(1)

All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.

(2)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet for the outside dimension at ground level may be internally floodproofed in accordance with Section 13-150(B)(3)(c).

(3)

The cumulative placement of fill in excess of one thousand (1,000) cubic yards shall be allowed only as a conditional use, except when said fill is intended specifically to elevate a structure in accordance with Section 13-160(B)(1).

(4)

The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.

(5)

The provisions of Section 13-160(A) of this ordinance shall apply.

(C)

Standards for flood fringe conditional uses. The following standards apply to all conditional uses within the Flood Fringe District:

(1)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if the enclosed area is above-grade on at least one side of the structure, is designed to internally flood and is constructed with flood-resistant materials, and is used solely for parking of vehicles, building access, or storage. The above-noted alternative elevation methods are subject to the following additional standards:

(a)

Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent floodwater from entering or accumulating within these components during times of flooding.

(b)

Plan requirements. Specific standards for above-grade, enclosed areas above grade, fully-enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood and the design plans must stipulate:

(i)

A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one (1) foot above grade. The automatic openings shall have a minimum net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters without any form of human intervention.

(ii)

The enclosed area will be designed of flood-resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage.

(2)

Basement requirements. Basements shall be subject to the following standards:

(a)

Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.

(b)

Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry floodproofed in accordance with Section 13-160(C)(1)(d), immediately below.

(3)

Floodproofing standards. All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 and FP-2 floodproofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted.

(4)

Erosion control plans required. When at any one time more than one thousand (1,000) cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

(5)

Storage of material and equipment. The storage of processing or materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.

(6)

The provisions of Section 13-160(A) of this ordinance shall also apply.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Permitted uses. The uses listed in Section 13-140 as permitted uses shall be permitted uses.

(B)

All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 13-165(C) below. Section 13-150 shall apply if the proposed use is in the Floodway District and Section 13-160 shall apply if the proposed use is in the Flood Fringe District.

(C)

Procedures for floodway and flood fringe determinations within the General Floodplain District. Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District.

(1)

A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

(2)

Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

(3)

Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

(4)

Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in either direction from the proposed development.

(D)

The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:

(1)

Estimate the peak discharge of the regional flood.

(2)

Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

(3)

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5 feet shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

(E)

The City Planner shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section[s] 13-150 and 13-160 of this Ordinance.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the floodplain districts shall contain a building site outside of the floodway district, at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the Regulatory Flood Protection Elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(B)

Floodway/flood fringe determinations in the General Floodplain District. In the General Floodplain District, applicants shall provide the information required in Section 13-165(C) of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

(C)

Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of the site preparation if a change of special flood hazard area designation will be requested.

(Ord. No. 2012-03, § 2, 3-27-12)

All public utility, railroad, road, and bridge structures and uses shall comply with the following standards:

(1)

Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.

(2)

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Sections 13-150 and 13-160 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(3)

On-site sewage treatment and water supply systems. Where public utilities are not provided the following requirements shall apply:

(a)

On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems.

(b)

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from the systems into floodwaters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

(Ord. No. 2012-03, § 2, 3-27-12)

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions in Section 13-170 and as follows:

(1)

The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance this Section 13-160. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 13-160(A)(1), then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the City Council. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(2)

Recreational vehicles that do not meet the exemption criteria specified in Section 13-190(2)(a) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 13-190(3) and 13-190(4) below.

(a)

Exemption recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 13-190(2)(b) below and further they meet the following criteria:

(i)

Have current licenses required for highway use.

(ii)

Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect-type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural-type additions attached to it.

(ii)

The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

(b)

Areas exempt for placement of recreational trailers/vehicles are as follows:

(i)

Individual lots or parcels of record;

(ii)

Existing commercial recreational vehicle parks or campgrounds;

(iii)

Existing condominium-type associations.

(3)

Recreational vehicles exempted in Section 13-190(A) lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle or exceeding five hundred dollars ($500.00) for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in Sections 13-150 and 13-160 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.

(4)

New commercial recreational trailer/vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

(a)

Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 13-160(A)(1) of this Ordinance. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

(b)

All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of [Section] 13-220 of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Section[s] 13-190(2)(a)(1) and (2) of this Ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 13-180(3) of this Ordinance.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

Zoning Administrator. A Zoning Administrator or other official designated by the City Council shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 13-240 of the Ordinance.

(B)

Permit requirements.

(1)

Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(2)

Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

(3)

State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.

(4)

Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance.

(5)

Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 13-240 of this Ordinance.

(6)

Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

(7)

Record of first floor elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

(8)

Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(9)

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

In general. A variance or appeal may be requested, according to the procedures specified in Sections 2-420 through 2-480, for specific cases where such relief or variance from the terms of this section will not be contrary to the public interest and only for those circumstances unique to the property under consideration.

(B)

Standards for variance or appeal. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations in the Community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(1)

Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2)

Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(C)

Public hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing.

(D)

Notice of decisions. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Additionally, the City Planner shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

(E)

Flood insurance notice and record keeping. The City Planner shall notify the applicant for a variance that the issuance of a variance to construct a structure below the base flood level will result in increase premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) to one hundred dollars ($100.00) and that such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

In general. All requests for a conditional use permit within the floodplain management districts shall follow procedures as specified in Sections 2-260 through 2-340.

(1)

Copies of all notices of any public hearings to consider a conditional use permit, must be sent to the Commissioner, or the Commissioner's designated representative and postmarked at least ten (10) days before the hearings.

(B)

Application procedures. In addition to the information required within Section 4-30(B), an applicant for a conditional use permit within a floodplain management districts shall supply plans, drawn to scale, indicating the following:

(1)

The nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel.

(2)

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

(C)

Plan referral. The City Planner shall transmit one (1) copy of the information described in Section 13-220(B) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, planning and zoning staff shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(D)

Requirements for approval. In reviewing conditional use applications, the City Council shall consider all relevant factors specified in other subdivisions of this section and the following:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2)

The danger that material may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

Such other factors which are relevant to the purposes of this ordinance.

(E)

Conditions attached to conditional use permits. Upon consideration of the factors listed in Section 13-220(D) and the purposes of this section, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

(1)

Modification of waste treatment and water supply facilities.

(2)

Limitations on period of use, occupancy, and operation.

(3)

Imposition of operational controls, sureties, and deed restrictions.

(4)

Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

(5)

Floodproofing measures, in accordance with the State Building Code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area.

(F)

Decisions. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.

(Ord. No. 2012-03, § 2, 3-27-12)

A structure or the use of a structure or premises which was lawfully established before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions:

(1)

No such use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity.

(2)

Any structural alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted below.

(3)

The cost of any structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed fifty percent (50) percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceed fifty percent (50) percent of the current market value of the structure, then the structure must meet the standards for new structures depending upon whether the structure is in the floodway or flood fringe, respectively.

(4)

If any non-conforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this section.

(5)

If any non-conforming use or structure is destroyed by any means, including floods, to an extent of fifty percent (50) percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures will apply depending upon whether the use or structure is in the floodway and flood fringe.

(6)

If a substantial improvement occurs, as defined in Section 1-120 of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 13-150 or 13-160 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

(Ord. No. 2012-03, § 2, 3-27-12)

(A)

In general. Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor and shall be punishable as defined in Section 2-630.

(B)

Other lawful action. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:

(1)

In responding to a suspected ordinance violation, the city may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(2)

When an ordinance violation is either discovered by or brought to the attention of planning and zoning staff, such staff shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the Minnesota Department of Natural Resources and to the Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible.

(3)

The Zoning Administrator shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the planning and zoning staff may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, the Zoning Administrator may either issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls or notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed thirty (30) days.

(4)

If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this section and shall be prosecuted accordingly.

(Ord. No. 2012-03, § 2, 3-27-12)

The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the Regulatory Flood Protection Elevation and is contiguous to lands outside the floodplain. The Commissioner of Natural Resources may permit special exceptions to this rule if he or she determines that, through other measures, lands are adequately protected for the intended use. All amendments to this section, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this section and said notice shall include a draft of the ordinance amendment or technical study under consideration.

(Ord. No. 2012-03, § 2, 3-27-12)

The Heritage Preservation District is established to promote the educational, cultural, economic, and general welfare of the public through the protection, enhancement, and perpetuation of properties of historic, architectural, and cultural significance.

(Ord. No. 99-20, § 1, 11-23-99)

The provisions of this section shall apply to those properties identified on the Heritage Preservation District map, incorporated herein by reference. Such designation shall in no way affect the established allowable uses and requirements set forth elsewhere in this ordinance for the underlying zoning district.

(Ord. No. 99-20, § 1, 11-23-99)

The Heritage Preservation Commission, as established in Chapter 30, City Code of Ordinances, shall have such powers and duties as shall be provided in this section with respect to the establishment and regulation of properties within the Heritage Preservation District.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2010-02, § 2, 5-25-10)

(A)

In general. A request for designation of a property or properties into the Heritage Preservation District may be initiated by the Heritage Preservation Commission or by an individual property owner. Such request shall be processed according to the provisions of Sections 2-150 through 2-180 relating to zoning amendments, except that the Heritage Preservation Commission shall first review and submit a report on the request to the Planning Commission.

(B)

Report by Heritage Preservation Commission. Prior to submitting a recommendation to the Planning Commission and City Council regarding the designation of a property, the Heritage Preservation Commission shall prepare a report consisting of the following information:

(1)

A physical description of the property or properties to be designated.

(2)

A statement of the historical, cultural, architectural, and aesthetic significance of the property or properties.

(3)

A map showing existing district boundaries.

(4)

A statement justifying the designation of the property or properties into the district.

(5)

Representative photographs.

(C)

Criteria for designation. The Heritage Preservation Commission and Planning Commission shall make findings with respect to the following criteria and submit the same together with its recommendations to the City Council:

(1)

Whether the property has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation, or is associated with the life of a person significant in the past.

(2)

Whether the property is the site of an historic event with a significant lasting effect upon society.

(3)

Whether the property exemplifies the cultural, political, economic, social, or historic heritage of the community.

(4)

Whether the property portrays the environment in an era of history characterized by a distinctive architectural style.

(5)

Whether the property embodies those distinguishing characteristics of an architectural type or engineering specimen.

(6)

Whether the property is part of, adjacent to, or related to an existing or proposed historic district, square, park, or other distinctive area that should be redeveloped or preserved according to a plan based on the existing historic, cultural, or architectural motif.

(7)

Owing to its unique location or singular physical characteristics, the property represents an established and familiar visual feature of the neighborhood or city.

(8)

The property has yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all requests for designation into the Heritage Preservation District. Amendment of this ordinance and the overlay district boundary shall require a two-thirds (⅔) vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

Within ten (10) days following the adoption of the ordinance designating a property or properties to be within the Heritage Preservation District, the owners and occupants of each designated historic property shall be given written notification of such designation. Such notice shall further apprise such owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the designated historic property.

(Ord. No. 99-20, § 1, 11-23-99)

Any request to have a historic designation rescinded shall be processed in accordance with the procedures and standards established for designation.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. After the designation of a property into the Heritage Preservation District, no work requiring a building permit may be authorized on such property until a certificate of appropriateness has been granted by the Heritage Preservation Commission.

(B)

Building permit required. A building permit shall be required prior to the commencement of any of the following to a building or land located within the Heritage Preservation District:

(1)

Remodeling, repair, or alteration that would change in any manner the exterior appearance of a building, not including painting.

(2)

Moving of a building into or out of the district.

(3)

Construction of a new building or addition to any existing structure.

(4)

Construction of new walks, fences, parking facilities, and other features when adjacent to or within view of a public right-of-way.

(C)

Certificate of appropriateness required. A certificate of appropriateness, but not a building permit, shall be required prior to commencement of any of the following to a building located within the Heritage Preservation District: the painting or staining of unpainted exterior brick or stone.

(D)

Exemptions. A building permit and certificate of appropriateness shall not be required for the following activities:

(1)

Ordinary maintenance or repair of any exterior architectural feature to correct deterioration, decay, or damage, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance of the structure,

(2)

Change in paint color.

(3)

Work conducted entirely within the interior of the building and which has no effect on exterior architectural features.

(4)

Any physical improvements within and adjacent to public rights-of-way, provided that the Heritage Preservation Commission is notified and given an opportunity to comment on any improvements being ordered by the City Council.

(E)

Review procedures. Whenever the Building Official receives a building permit for work to be completed within the Heritage Preservation District, such application will be immediately forwarded to the Community Development Director. The item will be placed on the agenda of the next Heritage Preservation Commission meeting for review and issuance of a certificate of appropriateness, if appropriate. The Community Development Director shall submit a recommendation along with any pertinent information regarding the application, including any drawings, photographs, plans, or other documentation as may be required by the Heritage Preservation Commission.

(F)

Required time period for review. Within thirty (30) days from the time a building permit application is received, the Heritage Preservation Commission shall schedule a meeting to review the Building Official's report and recommendation and issue the certificate of appropriateness. In the event that a decision is not made within thirty (30) days after receipt of the building permit application, the Heritage Preservation Commission shall be deemed to have approved the issuance of a building permit.

(G)

Building permit issuance. The Building Official shall issue a permit only upon receipt of an approved certificate of appropriateness from the Heritage Preservation Commission or in the event that no notice is received from said Commission denying the permit within the thirty-day period described above. A certificate of appropriateness, when issued, shall become an integral part of the building permit. In the event that a permit is denied, the Building Official shall make available to the applicant a copy of the staff report and the findings of the Heritage Preservation Commission, including a list of the reasons why the application was denied. The Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if so desired, may make modifications to the plans and may resubmit the application at any time after doing so.

(H)

Guidelines and criteria for certificate of appropriateness. When considering an application for a certificate of appropriateness for existing buildings, the Heritage Preservation Commission shall be guided by the "Secretary of the Interior's Standards for the Treatment of Historic Properties", the "Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings", and the City of Faribault's "Downtown Design Guidelines", each adopted herein by reference. It shall be the responsibility of the applicant to demonstrate compliance with the standards of the above referenced documents.

(I)

Variances. When the strict application of any provision of this section would impose practical difficulties to the owner of a property in the use of his or her land because of unique circumstances related to the individual property, the Heritage Preservation Commission shall have the power to vary or modify strict adherence to such provisions, or to interpret the meaning of such provisions, so as to relieve the difficulty, provided such variances, modifications, or interpretations shall remain in harmony with the general purpose and intent of such provisions, so that the architectural or historical integrity, or character of the property and the neighborhood, shall be conserved and substantial justice done. "Unique circumstances" are situations which do not apply to other properties in the same zone or vicinity and result from circumstances over which the owner of the property has had no control. Unique circumstances do not result from the actions of the applicant. Economic conditions alone do not constitute practical difficulties. In granting variances, the Commission may impose such reasonable and additional stipulations and conditions as may be necessary to comply with the standards established by the City's ordinances or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. In no case, however, shall practical difficulties be based on a situation of the applicant's own making.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2010-16, § 1, 11-9-10; Ord. No. 2011-17, § 4, 10-25-11)

If substantial development or construction has not taken place within one (1) year of the date of approval of a certificate of appropriateness, such certificate shall be considered void unless a petition for a time extension has been granted by the Heritage Preservation Commission. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 99-20, § 1, 11-23-99)

After a certificate of appropriateness has been issued, and a building permit has been granted to commence work, the Community Development Director, Building Official, or their designee, may from time to time inspect the work authorized and take any action necessary to ensure compliance with the approved plans.

(Ord. No. 99-20, § 1, 11-23-99)

Any person adversely affected by any determination made by the Heritage Preservation Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Council. Any such appeal must be filed within fifteen (15) days after the issuance of the determination.

(Ord. No. 99-20, § 1, 11-23-99)

This provisions of this section [article] have been created and established under the authorization of the Faribault-Rice County Joint Airport Zoning Board to facilitate the public safety and welfare of airport users, nearby property owners, and the general public.

(Ord. No. 2005-10, § 1(1-100), 6-28-05)

(1)

A non-compatible use in the vicinity of the airport or the establishment of an airport hazard may endanger the lives and property of users of the Faribault Municipal Airport, and the property or occupants of land in its vicinity, and, in effect, reduces the size of area for landing, takeoff, and aerial navigation, thus tending to destroy or impair the utility of the Faribault Municipal Airport and the public investments therein.

(2)

The creation or establishment of a non-compatible use, or an airport hazard is a public nuisance and an injury to the region served by the Faribault Municipal Airport.

(3)

For the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of the land, it is necessary to prevent the creation or establishment of non-compatible uses, and airport hazards.

(4)

The prevention of non-compatible uses and airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(5)

The prevention of the creation or establishment of non-compatible uses or airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting thereof, are public purposes for which political subdivisions may raise and expend public funds.

(Ord. No. 2005-10, § 1(1-110), 6-28-05)

1.

AERIAL NAVIGATION - The movement of an aircraft through the air.

2.

AIRCRAFT - Any human controlled contrivance used or designed for carrying humans in flight through the air, but not including non-powered parachutes.

3.

AIRPORT - Faribault Municipal Airport located in the City of Faribault, Rice County, Minnesota.

4.

AIRPORT ELEVATION - The official airport elevation as is depicted on the approved Airport Layout Plan, or 1,061 MSL.

5.

AIRPORT HAZARD - Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise hazardous to the landing or departure of any aircraft at the airport, or hazardous to persons or property on the ground. Any structure or tree that the Federal Aviation Administration has found, or determined, to be a hazard.

6.

AIRPORT HAZARD AREA - Any area of land or water upon which an airport hazard might be established if not prevented as provided by this ordinance [article].

7.

BUILDING OFFICIAL - The building official of the City of Faribault or his or her authorized representative.

8.

CITY - The City of Faribault.

9.

COUNTY - The County of Rice.

10.

FEDERAL AVIATION ADMINISTRATION (FAA) - An agency of the United States Government that administers the Federal regulations that relate to the use and flight of aircraft, and related regulations.

11.

GOVERNING AUTHORITY - The governing authority shall be the unit of government that has jurisdiction over the land to which this ordinance [article] applies.

12.

INNER EDGE - That edge of any zone that is closest to the runway end to which the zone applies. The inner edge is perpendicular to the runway centerline.

13.

MSL - Mean sea level, or commonly, above mean sea level when referring to airport related elevations.

14.

MNDOT - Minnesota Department of Transportation, Division of Aeronautics, an agency of the State of Minnesota Government that administers the State regulations that relate to the use and flight of aircraft, and related regulations.

15.

NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION - A requirement of 14 CFR FAR Part 77, providing for persons who propose any kind of construction or alteration of the type described in the section to provide notice to the FAA of such action.

16.

NON-COMPATIBLE USE - Any activity that would degrade the safety of people on the ground, or occupants of aircraft in flight, including, but not limited to, storage of hazardous materials, above ground storage of flammable liquids in excess of six hundred sixty (660) gallons, and those that lead to an assembly of people, including, but not limited to, residences, theaters, churches, schools, athletic fields with provision for spectators, camp grounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses with similar concentrations of persons.

17.

NON-CONFORMING STRUCTURE - A structure, or portion thereof, legally existing on the effective date of this ordinance [article], that is located within or underlying any of the zones created by this ordinance [article] and that does not comply with one (1) or more of the regulations applicable in the airport zoning district.

18.

OBSTRUCTION TO AERIAL NAVIGATION - Any structure or tree, the height of which exceeds that which is allowed by this ordinance [article].

19.

PERSON - Any person, partnership, firm, company, corporation, tenant, owner, lessee or licensee, agent, heir, or assign.

20.

RUNWAY - Any designated area or areas used for the landing, takeoff, and maneuvering of aircraft.

21.

RUNWAY THRESHOLD - A designated point on any airport runway that establishes the end of the runway. The Runway Threshold may or may not correspond with the end of the paved portion of the runway.

22.

STRUCTURE - Anything constructed or erected with a more or less fixed location on the ground or in or over a body of water. A structure shall include, but not be limited to, buildings, fences, walls, signs, canopies, decks, antennae, piers, docks, trees, towers, smokestacks, scaffolds, lighting fixtures, public and private roads, railways, and overhead transmission lines, including poles or other structures supporting the same.

23.

TREE - Any object of natural growth that is, or which is expected to obtain in its natural lifetime, a height in excess of twenty (20) feet.

(Ord. No. 2005-10, § 1(1-120), 6-28-05)

The provisions of this section shall apply to all lands described herein, or shown on the Airport Overlay Map, adopted herein by reference.

(Ord. No. 2005-10, § 1(1-130), 6-28-05)

In order to carry out the purpose of these regulations, the zones identified below are hereby established. Except as otherwise provided in this section, and except as necessary and incidental to airport operations, no person shall construct, alter, or maintain any structure, permanent or temporary in any zone created herein, so as to project above any of the imaginary surfaces created herein, or which otherwise is an airport hazard as defined herein. No tree shall be planted or maintained that penetrates any of the imaginary surfaces created herein, or which, during its normal life shall grow to a height that penetrates any imaginary surface created herein, or which otherwise shall be or become an airport hazard as defined herein. No Airport Hazard shall be constructed, altered, or maintained in any surface created herein. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

(1)

Approach surface. All that land which lies directly under, and the airspace above, an imaginary surface extending outward and upward at each end of each runway. The approach surface at the airport are as follows:

a.

For Runway 12/30: Beginning two hundred (200) feet beyond the threshold at each end of the runway, extending outward, and centered on the extended centerline of the runway, the inner edge of the zone is five hundred (500) feet wide, expanding uniformly to an outer edge width of three thousand five hundred (3,500) feet. The elevation of the inner edge is the same as the altitude of the runway threshold at the centerline. For each forty (40) feet of horizontal distance, the floor of the surface rises from the inner edge one (1) foot (40:1), for a total horizontal distance of ten thousand (10,000) feet.

b.

For Runway 1/19: Beginning at the threshold at each end of the runway, extending outward, and centered on the extended centerline of the runway, the inner edge of the surface is two hundred fifty (250) feet wide, expanding uniformly to an outer edge width of one thousand two hundred fifty (1,250) feet. The elevation of the inner edge is the same as the elevation of the runway threshold at the centerline. For each forty (40) feet of horizontal distance, the floor of the zone rises from the inner edge one (1) foot (20:1), for a total horizontal distance of five thousand (5,000) feet.

(2)

Horizontal surface. All that land which lies directly under, and the airspace above, an imaginary horizontal surface one hundred fifty (150) feet above the established airport elevation, or at a height of one thousand one hundred sixty-one (1,161) feet MSL, the perimeter of which is constructed by swinging an arc of ten thousand (10,000) feet from the center of each inner edge of the approach zones of Runway 12/30, and six thousand (6,000) feet from the center of each inner edge of the approach zones of Runway 1/19, and connecting the adjacent arcs by lines tangent to those arcs.

(3)

Conical zone. All that land which lies directly under, and the airspace above, an imaginary surface extending upward and outward from the periphery of the horizontal zone. For each twenty (20) feet horizontally, the surface rises one (1) foot in height (20:1) for a horizontal distance of four thousand (4,000) feet, as measured outward from the periphery of the horizontal zone.

(4)

Transitional zone.

For Runway 12/30: All that land which lies directly under, and the airspace above, an imaginary surface extending from each side of each runway, beginning at a point two hundred fifty (250) feet from the center line of the runway and at right angles to the runway center line, and from each side of the Approach Zone at each end of each runway, at right angles to the extended runway center line. For each seven (7) feet horizontally the floor of the zone rises at the rate of one (1) foot of elevation (7:1). The transitional zone ends at the point where it intersects the horizontal zone.

For Runway 1/19: All that land which lies directly under, and the airspace above, an imaginary surface extending from each side of each runway, beginning at a point one hundred twenty-five (125) feet from the center line of the runway and at right angles to the runway center line, and from each side of the Approach Zone at each end of each runway, at right angles to the extended runway center line. For each seven (7) feet horizontally the floor of the zone rises at the rate of one (1) foot of elevation (7:1). The transitional zone ends at the point where it intersects the horizontal zone.

(Ord. No. 2005-10, § 1(1-140), 6-28-05)

In order to carry out the purpose of this section and in order to restrict those uses which may be hazardous to the operational safety of aircraft operating to or from the airport, to persons on the ground in the vicinity of the airport, and furthermore to limit population and building density in the runway approach areas, thereby creating sufficient open space so as to protect life and property in case of accident, the following land use safety zones are created and established:

(1)

Safety Zone A. All land in that portion of the approach zones of a runway, as defined in section 1-140, which extends outward from the inner edge of the approach zone at each end of each runway, for a distance equal to two-thirds (⅔) of the planned length of the runway as defined below:

a.

Runway 12/30: Safety Zone A shall extend outward from each end of the runway for three thousand ninety-one (3,091) feet, but shall exclude that portion lying southeasterly of Interstate Highway 35.

b.

Runway 1/19: Safety Zone A shall extend outward from each end of the runway for a distance of one thousand five hundred thirty-three (1,533) feet.

(2)

Safety Zone B. All that land in that portion of the approach zones of a runway, as defined in section 13-400, which extends outward from each Safety Zone A at each end of each runway, for a distance equal to one-third (⅓) of the planned length of the runway, as defined below:

a.

Runway 12/30: Safety Zone B shall extend outward from the end of each Safety Zone A for an additional one thousand five hundred forty-six (1,546) feet, but shall exclude that portion lying southeasterly of Interstate Highway 35.

b.

Runway 1/19: Safety Zone B shall extend outward from the end of each Safety Zone A for an additional seven hundred sixty-seven (767) feet.

(3)

Safety Zone C. All that land which is enclosed within the outer perimeter of the conical zone, as defined in section 1-140, and which is not included in Safety Zone A or Safety Zone B.

(Ord. No. 2005-10, § 1(1-150), 6-28-05)

(A)

In general. Notwithstanding any other provision of this ordinance [article], no person shall, in any zone created by this ordinance [article], or upon any land or water underlying such zones:

(1)

Establish any putrescible waste landfill.

(2)

Create, alter, or maintain any structure or use in such a manner as to create electrical or radio interference with aviation navigational signals or aircraft communications.

(3)

Install, align or use any permanent or temporary lighting devices that make it difficult for pilots to distinguish between airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility.

(4)

Produce steam, smoke, or other visual hazard that would impair visibility.

(5)

Establish or maintain any private roadway in any location that would result in penetration of any zone created herein by any portion of any vehicle that shall be permitted to operate upon such roadway.

(6)

Within five thousand (5,000) feet of the nearest point of the nearest airport runway, establish or maintain any structure or use that would create a bird strike hazard.

(B)

Safety Zone A. In addition to height restrictions established elsewhere in this section, areas designated within Safety Zone A shall contain no non-compatible uses. Permitted uses may include, but are not limited to: corn; low growth agriculture or horticulture, excluding storage of large baled products; animal husbandry; raising of livestock; non-spectator outdoor recreation; cemeteries; and vehicle parking.

(C)

Safety Zone B. Permitted uses of land in areas designated within Safety Zone B shall be as follows, subject to the height restrictions established elsewhere in this section:

(1)

Agricultural and residential uses, provided that there shall not be more than one (1) single-family dwelling per three-acre tract of land.

(2)

Any commercial or industrial use provided that the site exceeds three (3) acres in size, does not contain more than one (1) building per every three (3) acres, and which use does not create, attract, or bring together a site population that would exceed fifteen (15) times that of the site acreage. The maximum ground area to be covered by a single commercial or industrial building shall meet the following standards:

(3)

The following uses are specifically prohibited: Churches, hospitals, schools, theatres, stadiums, hotels, motels, mobile home or recreational vehicle parks, campgrounds, and other similar places of assembly of persons.

(D)

Safety Zone C. Areas designated within Safety Zone C are subject only to height restrictions as set forth is Section 13-410 and the general restrictions established in Section 13-430(A).

(Ord. No. 2005-10, § 1(1-160), 6-28-05)

(A)

In general. The provisions of this section shall not be construed to require the discontinuance, removal, lowering, or other change or alteration of any use or structure not conforming to the requirements established herein and in existence prior to or on December 13, 1976.

(B)

Abandonment or destruction. Whenever a non-conforming structure or tree has been abandoned or more than fifty (50) percent torn down, physically deteriorated, or decayed, no permit shall be granted to allow such structure or tree to exceed the applicable height or land use requirements established elsewhere in this section. Whether application is made for a building permit, zoning certificate, or other license, the governing authority may order the owner of the abandoned or partially destroyed non-conforming structure, at his or her expense, to lower, remove, reconstruct, or equip the same in the manner necessary to comply with the requirements of this ordinance [article]. In the event that the owner of the non-conforming structure will neglect or refuse to comply with such order within ten (10) days after receipt of the order, the governing authority shall be authorized to take appropriate legal action and to proceed with removal or alteration of the structure with expenses assessed to the property owner.

(Ord. No. 2005-10, § 1(1-170), 6-28-05)

(A)

Future uses. No material change shall be made in the use of land, no use shall be made of land which has previously been unused, and no structure shall be erected, altered, moved, or otherwise established in any of the zones described in Section 13-410, unless a building permit has first been applied for and granted according to the standard procedures of the governing authority.

(B)

Existing uses. Before any existing use or structure may be replaced, substantially altered, or repaired or rebuilt within any zone as established in Section 13-440, a building permit must be applied for and granted. No permit shall be issued which would allow the establishment or creation of an airport hazard or permit a non-conforming use or structure to be made higher, enlarged, intensified, or become a greater hazard to aerial navigation than it was on or before the effective date of this ordinance [article].

(C)

Permits. No person shall be issued a permit for any construction or alteration in any Safety Zone A or B, or any Transition zone, without a determination or finding from the FAA/Minnesota Department of Transportation, Division of Aeronautics (MNDOT), pursuant to the submission of an applicable Notice of Proposed Construction or Alteration. Such finding or determination must not find or determine that the proposed construction or alteration:

(1)

Would create a hazard.

(2)

Would endanger the general safety, health and welfare of persons in the vicinity of the airport, or occupants of aircraft in flight.

(3)

Would result in the raising of the minimum instrument flight altitude of any Federal Airway, approved off-airway route, or instrument approach procedure to the airport.

(D)

Notice required. Any person who proposes to construct or alter any structure in or underlying any Safety Zone A or B, or any Transition zone created herein, and who is required to provide Notice of Proposed Construction or Alteration to the Administrator of the FAA by requirements of 14 CFR FAR Part 77, shall furnish to the governing authority, a copy of said notice.

(1)

Except as otherwise provided herein, no permit shall be issued for any construction, alteration, or occupancy without first:

(a)

Having received from the applicant, a copy of the applicable Notice of Proposed Construction or Alteration as provided to the FAA, and the corresponding finding or determination from the FAA that the proposed construction or alteration complies with the provisions of this ordinance [article].

(b)

Having determined that the proposed use is consistent with the provisions contained herein.

(E)

Exceptions. No Notice of Proposed Construction or Alteration is required to be submitted to the FAA or to the governing authority for a building permit for construction or alteration of any structure when the governing authority has determined that:

(1)

The proposed structure is an antenna that is no greater than twenty (20) feet in height, and does not increase the height of an existing antenna structure.

(2)

The proposed structure is an airport, aerial navigation, or meteorological device, of a type approved by the FAA/MNDOT, the location and height of which is fixed by function.

(3)

No Notice of Proposed Construction or Alteration is required because the proposed structure does not lie within twenty thousand (20,000) feet of the nearest point of the nearest runway, or does not penetrate an imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the runway threshold, rising one (1) foot in elevation for each one hundred (100) feet of horizontal distance (100:1).

(4)

There exists an emergency, involving essential public services, public health, or public safety, that requires immediate construction or alteration, providing that the applicant complies with the requirements of 14 CFR FAR, Part 77.

(Ord. No. 2005-10, § 1(1-180), 6-28-05)

The Board of Adjustment is authorized to hear and decide appeals from any order, requirement, or determination in accordance with Section 13-480. Further, the Board of Adjustment shall hear and decide variances in accordance with Section 13-480. The Board of Adjustment for this ordinance [article] shall be the same as the Board of Adjustment for the governing authority.

(Ord. No. 2005-10, § 1(1-190), 6-28-05)

(A)

Application procedure. All findings and decisions of the Building Official, Planner, Zoning Administrator, or other official involved in the administration of this section shall be final subject to appeal to the Board of Adjustment. Any affected person may initiate such a request by filing an appeal with the Planner on an approved form. All appeals shall be filed within thirty (30) days of the date of the decision.

(B)

Review by Airport Advisory Board. The Airport Advisory Board shall be notified of, and have an opportunity to comment on, all appeals of decisions administrative staff. Such review shall be accomplished within thirty (30) days of the date of appeal.

(C)

Review by Board of Adjustment. The Board of Adjustment of the governing authority shall hold a public hearing on each complete application for appeal according to the standard procedures of the governing, and, after the close of the hearing, shall make findings regarding its decision.

(D)

Action by the Board of Adjustment on appeals. The Board of Adjustment shall make the final decision regarding all appeals requests. Approval shall require a majority vote of the Board of Adjustment.

(E)

Expiration of appeal. If substantial development or construction has not taken place within one (1) year of the date of approval of an appeal, such appeal shall be considered void unless a petition for a time extension has been granted by the Board of Adjustment. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the appeal and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 2005-10, § 1(1-200), 6-28-05)

(A)

Purpose. Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use property in a manner not provided for in this ordinance [article], may apply to the Board of Adjustment for a variance to allow departure from the literal requirements of this ordinance [article]. Upon granting of a variance, the use must still substantially comply with the requirements of 14 CFR FAR Part 77.

(B)

Application procedure. Any person having a legal or equitable interest in a property may file an application for one (1) or more variances. An application for a variance shall be filed with the Planner according to the standard procedures of the governing authority.

(C)

Review by Airport Advisory Board. The Airport Advisory Board shall be notified of, and have an opportunity to comment on, all variance requests. Such review shall be accomplished within thirty (30) days of the date of appeal.

(D)

Review by Board of Adjustment. The Board of Adjustment of the governing authority shall hold a public hearing on each complete application for appeal according to the standard procedures of the governing authority, and after the close of the hearing, shall make findings regarding its decision.

(E)

Action by the Board of Adjustment on variances. The Board of Adjustment shall make the final decision regarding all variance requests. Approval shall require a majority vote of the Board of Adjustment.

(F)

Expiration of variance. If substantial development or construction has not taken place within one (1) year of the date of approval of a variance, such variance shall be considered void unless a petition for a time extension has been granted by the Board of Adjustment. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the variance and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 2005-10, § 1(1-210), 6-28-05)

(A)

Any building permit granted by the governing authority or variance granted by the Board of Adjustment may, if such action is deemed advisable to effectuate the purposes of this section and reasonable under the circumstances, include a condition requiring the property owner to, at their own expense, install, operate, and maintain markers and lights for the purpose of designating an airport obstruction.

(B)

Not withstanding the above, any building permit granted by the governing authority, or variance granted by the Board of Adjustment shall be subject to the reservation of the right of the governing authority and the airport, at their own expense, to go onto applicant's property to install, operate, and maintain thereon such FAA/MNDOT approved markers and lights as may be necessary to indicate to operators of aircraft the existence of an airport obstruction.

(Ord. No. 2005-10, § 1(1-220), 6-28-05)

Any violation of the provisions of this section shall be enforced as follows:

(A)

Complaints regarding violations. The Planner shall have the authority to investigate any complaint alleging a violation of this ordinance [article] or the conditions of any zoning approval and to take such action as is warranted in accordance with the procedures set forth in this chapter.

(B)

Procedures. Upon discover of a violation the following procedure shall occur:

(1)

Notice of violation. The Planner shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to correct it, including a reasonable time period to remedy the violation. The written notice shall advise that the Planner's decision or order may be appealed to the Board of Adjustment in accordance with the provisions of Section 1-200. Additional written notices may be provided at the Planner's discretion.

(2)

Enforcement without notice. Whenever the Planner finds that an emergency exists in relation to the enforcement of the provision of this ordinance [article], which requires immediate action to protect the health, safety, or welfare of occupants of any structure, or the public, the Planner may seek immediate enforcement without prior written notice, notwithstanding any other provision of this ordinance [article].

(C)

Violation and penalties. Any person, firm, or corporation violating any of the provisions of this ordinance [article] or any amendment thereto is guilty of a misdemeanor. Fines and imprisonment are appropriate as a penalty for violations and a deterrent against future violations.

(Ord. No. 2005-10, § 1(1-230), 6-28-05)

The special districts are established to provide locations for land uses that that are not predominantly residential, commercial, or industrial uses. Such uses include, but are not limited to, public, institutional, parks, open space, agricultural, and airport uses.

(Ord. No. 2022-3, § 2, 1-25-22)

The establishment and the intent of the special districts are as follows:

O, Open Space/Agricultural District. The intent of the open space/agricultural district is to accommodate open space, parks, outdoor recreation, agriculture, and agricultural business uses within the city. The district may also accommodate airport, public services, and utility uses.

TUD, Transitional Urban Development District. The intent of the transitional urban development district is to serve as a holding zone for lands where future urban expansion is possible but not yet appropriate due to the unavailability of urban facilities and services.

P/I, Public/Institutional District. The intent of the public/institutional district is to accommodate a variety of large-scale public, semi-public, and institutional uses in the city. Such uses include, but are not limited to, government buildings, schools, religious institutions, cemeteries, and hospitals. Other zoning districts may accommodate small-scale public/institutional uses.

(Ord. No. 2022-3, § 2, 1-25-22)

(A)

In general. All permitted and conditional uses allowed in the district are listed in Tables 13-2a, 13-2b, and 13-2c.

(B)

Permitted uses. Uses specified with a "P" are permitted in the district where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish a permitted use, excluding single-family residential uses, shall obtain a zoning certificate for such use as specified in Sections 2-190 through 2-250.

(C)

Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Sections 2-260 through 2-340.

(D)

Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the City Planner to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Section 2-50 governing determination of substantially similar uses.

(E)

Specific development standards. Permitted and conditional uses specified with an "x" under the specific development standards column shall be subject to the standards identified in Chapter 7, Specific Development Standards.

Table 13-2a. Principal Uses in the Special Districts.

* Use allowed as a permitted accessory use per Section 15-530.

** County fairgrounds are generally exempt from local zoning per Minnesota Statutes, Section 38.16.

(F)

Land uses in shoreland overlay. Land uses for properties within the Shoreland Management District overlay are regulated as follows in Tables 13-2b and 13-2c:

Table 13-2b. Principal Uses in Shoreland Lake Classifications.

Table 13-2c. Principal Uses in Shoreland River Classifications.

(Ord. No. 2022-3, § 2, 1-25-22; Ord. No. 2024-22, § 6(Exh. E), 12-23-24; Ord. No. 2025-3, § 5(Exh. D), 5-27-25)

Within the special districts, the following uses shall be permitted as accessory uses. Accessory uses not listed may be allowed by conditional use permit, subject to the standards identified in Sections 2-260 through 2-340.

(1)

Agricultural uses such as pasture, grazing, and domestic and wild crop harvesting in the O, open space/agricultural district and the TUD, transitional urban development district.

(2)

Buildings temporarily located for purposes of construction on the premises for a period not to exceed the time necessary for such construction.

(3)

Dwelling for staff or faculty of an education campus, correctional facility or jail, or religious institution.

(4)

Home occupations, as regulated elsewhere in this article.

(5)

Place of congregation or a place of worship as part of an educational campus, medical center, or hospice facility.

(6)

Parking garages, carports, and parking spaces.

(7)

Private swimming pools, tennis courts, and other recreational facilities that are operated for the use and convenience of residents, students, faculty, or staff, of the principal use and their guests.

(8)

Public swimming pools, tennis courts, and other recreational facilities which are operated by the state, county, city, or public school district for use by the public.

(9)

Tool houses, sheds, and similar buildings for the storage of agricultural equipment and supplies, domestic supplies, and non-commercial recreational equipment.

(l0)

Antennae and other communication devices for public or private use, in compliance with the provisions of Section 6-230.

(11)

Living quarters for persons employed on the premises or persons otherwise housed on the premises.

(12)

Boarding or renting of rooms to not more than two (2) persons in the 0, open space/agricultural district or the TUD, transitional urban development district.

(13)

Beekeeping in compliance with Section 7-30.

(14)

Limited production, processing and storage (without size limits) operated at a correctional facility.

(15)

Mausoleums, columbariums, and cremation niches in the P/I, public/institutional district.

(Ord. No. 2022-3, § 2, 1-25-22)

Accessory buildings and structures shall comply with the provisions of Section 6-180 if related to a residential use and [Section] 6-200 if associated with an agricultural or other non-residential use. Design of such structures is further regulated in Chapter 4, Site Plan Review.

(Ord. No. 2022-3, § 2, 1-25-22)

Development of land within the special districts shall follow established standards for traffic circulation, landscape design, and other considerations as specified in Chapter 7, Specific Development Standards and Chapter 4, Site Plan Review.

(Ord. No. 2022-3, § 2, 1-25-22)

Lot area and setback requirements for the special districts shall be as specified in Table 13-3. Wetland buffer and buffer setback requirements shall be as specified and by the regulations specified in Chapter 28, Section 28-232, Wetlands and Wetland Buffer Strips [Appendix].

Table 13-3. Lot dimension and setback requirements, special districts.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2010-04, § 7, 5-25-10; Ord. No. 2022-13, § 5, 6-28-22)

Except for communication antennas otherwise allowed by conditional use permit, the maximum height of all structures located in the special districts shall be fifty (50) feet. The height limitations of principal structures located in the special districts may be increased by conditional use permit, subject to the standards identified in Sections 2-260 through 2-340. Additionally, the City Council shall consider, but not be limited to, the following factors when determining the maximum height:

(1)

Access to light and air of surrounding properties;

(2)

Shadowing of any adjacent residential areas;

(3)

The scale and character of surrounding uses; and

(4)

Preservation of views of landmark buildings, significant open spaces or water bodies.

The height of buildings within the airport overlay district is further regulated as specified in Chapter 13, Article 4.

(Ord. No. 2022-3, § 2, 1-25-22)

Parking and loading requirements for uses in the special districts shall be as set forth in Chapter 8, Off-Street Parking and Loading.

(Ord. No. 2022-3, § 2, 1-25-22)

Sign requirements for uses in the special districts shall be as specified in Chapter 9, Signs.

(Ord. No. 2022-3, § 2, 1-25-22)

All uses in the special districts shall comply with all general performance standards as expressed in Chapter 6, Article 10.

(Ord. No. 2022-3, § 2, 1-25-22)

(A)

Statutory Authorization. This Shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules 6120, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.

(B)

Findings of Fact. The uncontrolled use of Shorelands of the City of Faribault, Minnesota, affects the public health, safety and general welfare and contributes to the pollution of public waters. Therefore, it is in the best interests of the public to provide for the wise subdivision, use and development of Shorelands of public waters to thus preserve and enhance the quality of surface waters, conserve the environmental values of Shorelands, and provide for the wise use of waters and related land resources.

(C)

Statement of Purpose. The Legislature of Minnesota 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 of Faribault.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Lands to which these regulations apply. The provisions of this ordinance shall apply to the Shorelands of the public water bodies as classified in Section 13-640 of this ordinance, and as shown on the Shoreland Management Overlay District Map, adopted herein by reference. Pursuant to Minnesota Rules, Part 6120, no lake, pond or flowage less than ten (10) acres in size in municipalities need be regulated in a local government's Shoreland regulations. A body of water created by a private user where there was no previous Shoreland may, at the discretion of the governing body, be exempt from this ordinance.

(B)

Compliance. 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 ordinance and other applicable regulations.

(C)

Enforcement. The City Planner is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance 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 defined by Chapter 2 of this ordinance. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 13-630 of this Chapter.

(D)

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

(E)

Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

(F)

Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

City Planner. The City Planner is designated by the City Council to enforce this ordinance. If he/she finds a violation of the provisions of this ordinance, he/she shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.

(B)

Permits required. 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.

(1)

Application shall be made to the City Planner on forms furnished by him/her and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel, ordinary high water line and bluff line, if present.

(2)

A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in this ordinance, shall be reconstructed or replaced in accordance with the provisions of this ordinance.

(C)

County, State and Federal permits. Prior to granting a permit or processing an application for a Conditional Use Permit or Variance, the City Planner or designated official shall require proof that the applicant has applied for all necessary County, State and Federal Permits.

(D)

Variances.

(1)

Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as applicable. 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 shall be reviewed based on the provisions of Chapter 2, Article 9 of this ordinance.

(2)

The City Council shall hear and decide requests for variances in accordance with the provisions of Chapter 2, Article 9 of this ordinance. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 13-360(E)(1) below 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.

(3)

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

(E)

Notifications to the Department of Natural Resources.

(1)

Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or Planned Unit Developments, under local Shoreland management controls must be sent to the Commissioner, or the Commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(2)

A copy of approved amendments, subdivisions/plats, Planned Unit Developments, and final decisions granting variances or conditional uses under local Shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten (10) days of final action.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Shoreland Classification System. The public waters of the City of Faribault have been classified below consistent with the criteria found in Minnesota Regulations, Part 120.3300, and the Protected Waters Inventory Map for Rice County, Minnesota. All protected watercourses in the City shown on the Protected Waters Inventory Map for Rice County, a copy of which is hereby adopted by reference, not given a classification shall be considered "Tributary." The Shoreland areas for the lakes, rivers and streams shall be shown on the Official Zoning Map.

*Within the Faribault Existing Development District, the Urban River standards used for the Cannon River for setbacks, lot sizes, and related land use and zoning standards shall apply to the Straight River.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Consistency with other Chapters. The intent of this overlay district is to guide the development of public waters Shoreland, thus preserving the quality of surface waters, preserving natural resources and providing for the wise utilization of water and related land resources in the City. The regulations in this overlay district are intended to manage areas suitable for development of various types as allowed in the underlying zoning district. It is the intent of this overlay district to be used in conjunction with the adopted land use regulations and requirements of the City's Unified Development Ordinance. The permitted and conditional uses in the Shoreland Management Overlay District shall be as identified in the Zoning Ordinance and reflected on the Zoning Map.

(B)

Inconsistent zoning districts. When existing zoning districts are inconsistent with the criteria specified above, these inconsistent zoning district designations may continue until revisions are proposed to change either the land use district designation within an existing zoning district boundary shown on the Official Zoning Map, or to modify the boundary of an existing zoning district shown on the Official Zoning Map.

(C)

Interpretation. When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the Planning Commission. When a question arises as to whether a zoning district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the Planning Commission.

(D)

Proposed revisions. When a revision is proposed to an inconsistent zoning district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The City Council will direct the City Planner to provide such additional information for this waterbody as is necessary to satisfy the requirements above. The City Council must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent zoning district designations on said waterbody, are consistent with the enumerated criteria and use provisions of this ordinance.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Lot Area and Width Standards. The minimum lot area (in square feet) and width standards (in feet) for sewered single, duplex, and townhome residential lots created after the date of enactment of this ordinance are the following:

(1)

Sewered Natural Environment Lakes

(2)

Sewered General Development Lakes

(3)

River/stream lot width standards. There is no minimum lot size requirement for rivers and streams, except as required in the underlying zoning district. The minimum lot width standards for residential developments are:

(B)

Special Provisions.

(1)

Single-family attached (triplex, quad or townhome units). For each unit over two (2) units (duplex), add the lot area and width to the total development area within the Shoreland zone. The area and width may be added to individual lots or to the lot area owned in common by the development, so that the total area of the development and total width are equal to the areas prescribed on the table.

(2)

Residential subdivisions with dwelling unit densities exceeding those in the tables above can only be allowed if designed and approved as planned unit developments. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 13-660(A) above can only be used if publicly owned sewer system service is available to the property.

(3)

Subdivisions of duplexes and attached single-family units of four (4) units or less on Natural Environment Lakes must also meet the following standards:

(a)

Each building must be set back at least two hundred (200) feet from the ordinary high water level.

(b)

Watercraft docking facilities for each lot must be centralized in one (1) location and serve all dwelling units in the building; and

(c)

No more than twenty-five (25) percent of a lake's shoreline can be in duplex and single-family attached developments.

(4)

Attached single-family and multifamily dwellings with five (5) or more units shall only be allowed as part of a Planned Unit Development.

(C)

Lots with controlled access to public waters. Lots intended as controlled access to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards:

(1)

They must 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 (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six (6), consistent with the following table:

(3)

They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot.

(4)

Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the conflict activities that are not significant include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.

(D)

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

* One (1) water-oriented accessory structure designed in accordance with Section (F) of this ordinance [section] may be set back a minimum distance of ten (10) feet from the ordinary high water level.

(E)

Bluff setback.

(1)

Structures must be set back thirty (30) feet from the top of the bluff, regardless of the classification of the water body.

(2)

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

(F)

Floodplain design criteria for structures. Structures must be placed in accordance with floodplain regulations applicable to the site as required in Chapter 13, Article 2 of the Faribault Unified Development Ordinance. Chapter 13, Article 2, Section 13-100, states that the regulatory flood protection elevation shall be an elevation no lower than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:

(1)

For lakes, by placing the lowest floor at a level at least three (3) feet above the highest known water level, or three (3) feet above the ordinary high water level, whichever is higher;

(2)

For rivers and streams, by placing the lowest floor at least three (3) feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three (3) feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three (3) approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules 6120 governing management of floodplain areas. If more than one (1) approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and

(3)

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item 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.

(G)

Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback requirements of this ordinance if this water-oriented accessory structure complies with the following provisions:

(1)

The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight (8) feet above grade at any point.

(2)

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

(3)

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

(4)

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

(5)

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

(H)

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

(1)

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

(2)

Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in aggregate area for each stairway. One (1) landing is allowed per twelve (12) vertical feet. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open space-recreational properties, and planned unit developments.

(a)

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

(b)

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.

(c)

Stairways, lifts, and landings must 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.

(d)

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 subitems (1) to (5) of Subsection (G) above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.

(I)

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.

(J)

Steep slopes. The City Planner/City Engineer/Building Official must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for site grading, construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(K)

Height of structures. Residential uses shall not exceed twenty-five (25) feet in height, except uses in a third or greater tier of a planned united development may be allowed to exceed thirty-five (35) feet in height, provided it can be demonstrated that any such proposed structure will not negatively impact views from the water body, and provided all other provisions for planned unit developments are met.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

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.

(A)

Exemptions. Vegetation alteration necessary for the construction of structures and sewage treatment systems, agricultural uses, and the construction of roads and parking areas regulated by Section 13-690 of this ordinance are exempt from the vegetation alteration standards that follow.

(B)

Alteration standards. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Subsections 13-610(B) and (C), is allowed subject to the following standards:

(1)

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited.

(2)

Intensive vegetation clearing for forestland conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the City.

(C)

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 if approved by City staff 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, 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 streams, existing shading of water surfaces is preserved; and

(3)

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

(4)

Vegetation to be removed, including limbs to be pruned, must be marked for inspection and approval by the City, or a vegetation management plan provided and approved by the City before clearing or pruning begins.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Permits. 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. Grading, filling, and excavation must follow the guidelines included in the City's Developer's Guidelines for Stormwater Management and the City's Surface Water Management Plan and the steep slope and erosion control sections of this ordinance. The grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. Public roads and parking areas are regulated by Section 13-690 of this ordinance.

(B)

Standards. A grading and filling permit will be required for the movement of more than ten (10) cubic yards of material on steep slopes or within shore and bluff impact zones. A grading and filling permit will be required for the movement of more than fifty (50) cubic yards of material in a Shoreland area that is outside of steep slope and Shoreland and bluff impact zones.

(C)

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

(1)

Grading or filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland is subject to the regulations of the Minnesota Wetland Conservation Act, reviews or approvals by other local, state or federal agencies such as Rice County, the Minnesota Department of Natural Resources, and/or the United States Army Corps of Engineers.

(2)

The proposed work should be evaluated for its effect on the following functional values of the wetland:

(a)

Sediments and pollutant trapping and retention;

(b)

Storage of surface runoff to prevent or reduce flood damage;

(c)

Fish and wildlife habitat;

(d)

Recreational use;

(e)

Shoreline or bank stabilization; or

(f)

Noteworthiness, including special qualities such as historic significance and critical habitat.

(3)

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

(4)

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

(5)

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

(6)

Altered areas must be stabilized to acceptable erosion control standards consistent with the Minnesota Pollution Control Agency's Best Management Practices.

(7)

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

(8)

Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of fifteen (15) percent or greater.

(9)

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

(10)

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

(11)

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

(12)

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the riprap is within ten (10) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet.

(13)

Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local Shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Minnesota Pollution Control Agency's Best Management Practices and the following:

(A)

Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore and bluff impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

(B)

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

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Design and Construction Standards. Site design and stormwater management standards shall conform to policies of the City's Developer's Guidelines for Stormwater Management and Surface Water Management Plan, and the following:

(1)

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

(2)

Where appropriate and feasible, strategies such as infiltration or filtration of stormwater will be considered to manage the quality and quantity of stormwater.

(3)

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

(4)

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 diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

(5)

Impervious surface coverage of lots must not exceed twenty-five (25) percent of the lot area. This requirement applies only to the portion of the lot within the Shoreland District, and this requirement does not apply to the developed portion of properties within the boundaries of the Existing Development District as defined on the official Shoreland Overlay Map. Development within the Existing Development District shall incorporate reasonable methods to decrease sediment and pollutants in runoff from impervious surfaces as required in the City's Developer's Guidelines for Stormwater Management and Surface Water Management Plan.

(6)

Where appropriate and where structures and practices for the mitigation of stormwater impacts on receiving waters are employed in compliance with the City's Surface Water Management Plan, or as approved by the City Engineer, impervious surface coverage shall be allowed to exceed twenty-five (25) percent to a maximum of seventy (70) percent per lot within all commercial and industrial zoning districts located in tributary stream, agricultural river, urban river and general development lake Shoreland zoning classifications, provided the following criteria are met:

(a)

Site design includes features that infiltrate twenty-five (25) percent of the runoff volume produced from the two-year, 24-hour design storm (approximately .5 to .75 watershed inches of infiltration, depending on land use, impervious cover, and soil types). Infiltration is only required in areas with at least three (3) feet of separation between the bottom of the infiltration features and the level of ground water. Pretreatment of runoff to remove sediment prior to entering infiltration features is required;

(b)

Water quality treatment(s) meet the standards of the MPCA Construction General Permit for Sensitive Receiving Waters;

(c)

Site design includes stormwater management that meets these performance standards: 24-hour extended detention of the one-year, 24-hour design storm; ten-year design storm peak discharge control or a combination of ten- and 25-year design storm peak discharge control; and 100-year design storm peak discharge control to meet pre-development levels;

(d)

Site design shall minimize tree removal, ground cover change, loss of natural vegetation and grade change as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible, which are proposed to be removed, based on an approved vegetative management plan;

(e)

The provisions of Subsection 13-710(4) of this Chapter shall be satisfied; and

(f)

Properties zoned commercial or industrial after the effective date of this ordinance shall not qualify for the provisions of this section except by amendment of the code to specifically apply to the property.

(7)

When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the City's Developer's Guidelines for Stormwater Management, Surface Water Management Plan, and the Minnesota Pollution Control Agency's Best Management Practices.

(8)

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

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

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 must meet the following standards:

(1)

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

(2)

Uses that require short-term watercraft mooring for patrons must 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 following general standards:

(a)

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.

(b)

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information and meet the requirements of City ordinances. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten (10) feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

(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.

(4)

Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must meet the following standards:

(a)

Be set back double the normal ordinary high water level setback;

(b)

Be substantially screened from view from the water by vegetation or topography assuming summer, leaf-on conditions, based on an approved vegetative management plan; and

(c)

The Shoreland impact zone shall be doubled.

(B)

Agricultural Uses. 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 Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Natural Resource 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 fifty (50) feet from the ordinary high water level.

(C)

Forest Management Standards. The harvesting of timber and associated reforestation must 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."

(D)

Extractive Use Standards. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, and possible pollutant discharge, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

(E)

Conditional Uses.

(1)

Conditional uses allowable within Shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in Chapter 2 of this ordinance and Subsection 13-630(E) of this Chapter.

(2)

The following additional evaluation criteria and conditions apply within Shoreland areas:

(a)

A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure the prevention of soil erosion or other possible pollution of public waters, 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 is served by municipal sewer services.

(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.

(F)

Conditions attached to conditional use permits. The City Council, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

(1)

Increased setbacks from the ordinary high water level;

(2)

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

(3)

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

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

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

(B)

Nonconforming Sewage Treatment System. A permit or variance authorizing any improvement on, or new use of, a property in the Shoreland district requires reconstruction of any existing nonconforming sewage system on the property.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

Existing Nonconformities.

(1)

All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use.

(2)

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 this ordinance may be allowed as building sites without variance 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, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met.

(B)

Variance from Setback Requirements. A variance from setback requirements must be obtained before any building permit is issued for a lot.

(C)

Contiguous lots. If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one (1) or more contiguous lots so they equal one (1) or more parcels of land, each meeting the requirements of this ordinance as much as possible.

(D)

Additions or expansions.

(1)

Additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of Chapter 3 of this ordinance. Any deviation from these requirements must be authorized by a variance.

(2)

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

(a)

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

(b)

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

(c)

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

(d)

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

(3)

Nonconforming sewage treatment systems:

(a)

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

(b)

The City Council has by formal resolution notified the Commissioner of its program to identify nonconforming sewage treatment systems. The City will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local Shoreland management standards adopted under Minnesota Statutes, section 103 [sic], in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

(A)

PUDs Density Evaluation. The regulations in this overlay district are intended to manage Shoreland areas suitable for development as Planned Unit Developments as allowed in the underlying Zoning District. It is the intent of this overlay district to be used in conjunction with the adopted land use regulations and requirements of the City's Unified Development Ordinance. The allowable uses and standards for Planned Unit Developments in the Shoreland management overlay district shall be consistent with those identified in the Unified Development Ordinance, Chapter 14, and reflected on the Zoning Map, with the exceptions in Shoreland areas as identified in the following sections. The Shorelands of all classified water bodies shall be made up of density tiers, which shall vary in width depending on each classification. Within each tier the density allowed may be increased based on the specific standards applicable to the water body's classification, and provided the provisions of this section can be met:

(1)

General Development Lakes (each tier is two hundred (200) feet):

(a)

Within the first tier (two hundred (200) feet from the OHWL), minimum lot size shall be fifteen thousand (15,000) square feet.

(2)

Natural Environment Lakes (each tier is three hundred twenty (320) feet)

(a)

Within the first tier (three hundred twenty (320) feet from the OHWL), minimum lot size shall be forty thousand (40,000) square feet.

(3)

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 the planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

(4)

The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used 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 developments are then compared with the tier, density, and suitability analyses herein.

(5)

Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards are met or exceeded and the design criteria are satisfied. The allowable density increases below will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty (50) percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least twenty-five (25) percent greater than the minimum setback.

(6)

Allowable Dwelling Unit or Dwelling Site Density Increases for Residential Planned Unit Developments are as follows:

(B)

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

(1)

Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;

(2)

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

(3)

Assessments must be adjustable to accommodate changing conditions; and

(4)

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

(C)

Erosion Control and Stormwater Management. Erosion control and stormwater management plans shall be prepared for all planned Shoreland developments, and shall be consistent with the City's Surface Water Management Plan and ordinances, and the following:

(1)

Stormwater facilities must be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must 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 must be used to minimize erosion impacts on surface erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

(2)

Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed twenty-five (25) percent of the tier area.

(D)

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

(1)

Planned unit developments must be connected to publicly-owned water supply and sewer systems.

(2)

Dwelling units or sites shall be clustered into groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the dimensional standards for the relevant Shoreland classification, including setbacks from the ordinary high water level, elevation above surface water features, and maximum height.

(3)

Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from the public waters and adjacent Shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic features shall be preserved, if existing, or may be required to be provided.

(4)

Accessory structures and facilities shall meet the required principal structure setback and must be centralized.

(5)

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

(E)

Evaluation of Factors. The following factors are carefully evaluated to ensure that the increased density of development is consistent with the resource limitations of the public water:

(1)

Suitability of the site for the proposed use;

(2)

Physical and aesthetic impact of increased density;

(3)

Level of current development;

(4)

Amount of ownership of undeveloped Shoreland;

(5)

Levels and types of water surface use and public access;

(6)

Possible effects on overall public use.

(F)

Open Space Preservation.

(1)

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

(2)

Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provide to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

(a)

Commercial uses prohibited;

(b)

Vegetation and topographic alterations other than routine maintenance prohibited;

(c)

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

(d)

Uncontrolled beaching of watercraft prohibited.

(3)

Planned unit developments must contain open space meeting all of the following criteria:

(a)

At least fifty (50) percent of the total project area within the Shoreland zone must be preserved as open space.

(b)

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.

(c)

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

(d)

Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial facilities or uses, but may contain water-oriented accessory structures or facilities.

(e)

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

(f)

The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.

(g)

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

(Ord. No. 2006-21, § 7, 9-26-06; Ord. No. 2022-13, § 6, 6-28-22)

The purpose of the wild and scenic river overlay district is to protect and preserve the scenic, recreational, natural, and historical values of the Cannon River in Faribault per the Wild, Scenic, and Recreational Rivers Statewide Standards (Minn. Rules, Parts 6105.0010 -.0250), (Minn. Rules Parts 6105.1550 - .1700) and the Wild and Scenic Rivers Act (Minn. Stat., 103F.301 - .345).

(Ord. No. 2022-8, § 2, 5-10-22)

The Minnesota Department of Natural Resources Commissioner designated a segment of the Cannon River in Faribault as a recreational river in the Minnesota wild and scenic river system. Minnesota Rules, Part 6105.1680 legally describes the area included in the wild and scenic river overlay district, and Faribault's official zoning map depicts the district.

(Ord. No. 2022-8, § 2, 5-10-22)

The Faribault City Planner will administer the wild and scenic river overlay district within the Faribault per Minnesota Rules Parts 6105.0220 to 6105.0250.

(Ord. No. 2022-8, § 2, 5-10-22)

Where the conditions imposed by any provision of this ordinance are either more or less restrictive than comparable standards imposed by any other provision of this ordinance or any other applicable law, ordinance, resolution, rule, or regulation, the regulation that is more restrictive or that imposes higher standards shall govern.

(Ord. No. 2022-8, § 2, 5-10-22)

(A)

Permitted uses. Permitted uses in the district shall be limited to the following, subject to Minnesota Rules Chapter 6105:

(1)

Conservancy and open space;

(2)

Governmental resource management for improving fish and wildlife habitat, wildlife management areas, and natural areas;

(3)

Essential services;

(4)

Signs approved by federal, state, or local government that are necessary for public health and safety, and signs indicating areas that are available or not available for public use; and

(5)

Agriculture (excluding feedlots) and community gardens (including fencing) provided they are a minimum of one hundred (100) feet from the ordinary high water level.

(B)

Conditional uses. Conditional uses in the district shall be limited to the following, subject to Minnesota Rules Chapter 6105:

(1)

Public roads and bridges per Minnesota Rules, parts 6105.0190 - 0200;

(2)

Parking lots;

(3)

Trails;

(4)

River access drive and boat landing for emergency services;

(5)

Ground-mounted solar panels, equipment, and fencing that are accessory uses to a principal use on the same parcel. All panels, equipment, and fencing must be at least one hundred (100) feet from the ordinary high water level and vegetatively screened to minimize views of the uses from the river;

(6)

Canoe and kayak rental facilities (excluding inner tube rental facility). The facility must provide disposable refuse containers and require the return of the refuse containers and the refuse from the river trip;

(7)

Temporary docks;

(8)

Public structures such as park shelters, kiosks, and similar structures;

(9)

Towers, transmission lines, and pipelines per Minnesota Rules, parts 6105.0170 -180; and

(10)

Stormwater and flood mitigation improvements.

(C)

Prohibited uses. Any use not listed as a permitted, conditional, or accessory use, or any use not determined by the City Planner to be substantially similar to a permitted, conditional, or accessory use is prohibited in the district. Such determination must be made per Section 2-50 of the Faribault Unified Development Ordinance governing the determination of substantially similar uses. Specifically, the following uses are prohibited:

(1)

Governmental and private campgrounds;

(2)

Residential uses;

(3)

Forestry uses;

(4)

Onsite sanitary sewage disposal systems; and

(5)

Mining.

(Ord. No. 2022-8, § 2, 5-10-22)

Parcels and development in the wild and scenic river overlay district must meet the following dimensional standards:

(A)

Minimum parcel area. Two (2) acres.

(B)

Minimum parcel width at the front building setback line and the ordinary high water level. Two hundred (200) feet.

(C)

Minimum structure setback from the ordinary high water level. One hundred (100) feet, except where a setback pattern from the normal or ordinary high water mark has already been established on both sides of the proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This exception applies only to parcels that do not meet the minimum parcel width restrictions of this ordinance.

(D)

Minimum structure setback from a bluffline as defined by Minnesota Rules, Part 6105.0040. Thirty (30) feet.

(E)

Maximum structure height. Thirty-five (35) feet.

(F)

Placement of structures. Structures shall not be located on slopes greater than thirteen (13) percent unless such structures can be screened and sewage disposal facilities can be installed to comply with the sanitary provisions in Minnesota Rules, part 6105.0120.

No structure shall be located in the floodway of a stream as defined in Minnesota Statutes, section 103F.111, subdivision 4, and furthermore shall be placed at an elevation consistent with the floodplain management ordinances.

(Ord. No. 2022-8, § 2, 5-10-22)

(A)

In general. Grading and filling of the natural topography in the district are prohibited unless accessory to a permitted or conditional use. Grading and filling of the natural topography accessory to a permitted or conditional use must minimize earthmoving, erosion, tree clearing, and the destruction of natural amenities.

(B)

Additional grading and filling standards. Grading and filling of the natural topography must meet the following standards:

(1)

Expose the smallest amount of bare ground for as short a time as feasible;

(2)

Provide temporary groundcover, such as mulch, and plant permanent groundcover, such as sod;

(3)

Employ methods to prevent erosion and trap sediment; and

(4)

Stabilize fill per accepted engineering standards.

(C)

Excavation in the river is prohibited. Excavation of material from the Cannon River or construction of any permanent structures or navigational obstructions is prohibited unless authorized by a permit from the Minnesota Department of Natural Resources Commissioner per Minnesota Statutes, section 103G.245.

(D)

Draining or filling wetlands is prohibited. No state or local authority shall authorize the draining or filling of wetlands in the district.

(Ord. No. 2022-8, § 2, 5-10-22)

(A)

In general. The following vegetative standards shall apply to land in the district within one hundred (100) feet of the ordinary high water level of the Cannon River and twenty (20) feet landward of bluff lines as defined by Minnesota Rules, part 6105.0040:

(1)

Clear-cutting is prohibited except for authorized public services such as roads and utilities.

(2)

Selective cutting of trees over four (4) inches in diameter at breast height is permitted. The cutting must be spaced in several cutting operations and maintain continuous tree cover, uninterrupted by large openings. In areas where the existing tree cover has been interrupted by large openings, selective cutting should maintain a continuous tree cover in the remaining wooded area.

(3)

Removal of diseased, insect-infested, rotten, or damaged trees that present a safety hazard is permitted.

(4)

Pruning understory vegetation, cutting suppressed trees, or cutting trees less than four (4) inches in diameter at breast height is permitted.

(B)

Clear-cutting restrictions. Clear-cutting anywhere in the district is subject to the following standards:

(1)

Clear-cutting is prohibited where soil, slope, or other watershed conditions are fragile and subject to injury.

(2)

Clear-cutting must be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the terrain.

(3)

The size of clear-cut blocks, patches, or strips must be kept at the minimum necessary.

(4)

Where feasible, all clear-cuts must be conducted between September 15 and May 15. If natural vegetation does not provide adequate vegetative cover, clear-cut areas must be replanted to prevent erosion and maintain the aesthetic quality of the area. Where feasible, replanting must occur in the same spring or the following spring.

To the maximum extent possible, land in the district must be managed to preserve and enhance the natural landscape associated with the Cannon River corridor.

(Ord. No. 2022-8, § 2, 5-10-22)

(A)

Land suitability. No land may be subdivided if the Faribault City Council or the Commissioner of the Minnesota Department of Natural Resources finds the proposed subdivision to be unsuitable because of flooding, inadequate drainage, soil and rock formations with severe development limitations, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare of the future residents or employees of the proposed subdivisions or of the community.

(B)

Subdivision standards. All plats, except planned cluster developments, must be consistent with Minnesota Rules, parts 6105.0080 - 6104.0200. Approval of a plat that is inconsistent with the city's ordinances is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.

(C)

Planned cluster developments. Planned cluster developments may be allowed per Minnesota Rules, part 615.0140, subp. 3, to preserve agricultural land, open space, woods, scenic views, and other features of the natural environment.

(Ord. No. 2022-8, § 2, 5-10-22)

Public use and waters within the wild and scenic river overlay district must be consistent with Minnesota Rules, part 6105.0210.

(Ord. No. 2022-8, § 2, 5-10-22)

(A)

The city planner, or another authorized city agent, must submit a copy of any proposed zoning amendment to the Commissioner, including changes to district lines, variances, and inconsistent plats. A copy of the notice of any public hearing, or where a public hearing is not required, a copy of the proposed amendment, and applications for variances, inconsistent plats, and conditional use permits shall be sent so as to be received by the Commissioner at least thirty (30) days before such hearing or meeting to consider such action. The notice shall include the proposed amendments and application documents.

(B)

The city planner, or another authorized city agent, must notify the Commissioner of its final decision on the proposed action within ten (10) days of the decision.

(C)

The action to amend this ordinance will become effective when and only when either:

(1)

The final decision taken by the city has previously been approved by the Commissioner.

(2)

The city receives approval after its final decision; or

(3)

Thirty (30) days have elapsed form the day the Commissioner received notice of the final decision, and the city has received from the Commissioner neither approval nor non-approval; or

(4)

The Commissioner approves the amendment within thirty (30) days after conducting a public hearing.

(D)

In cases of non-approval by the Commissioner, the city may pursue procedures consistent with Minnesota Rules, part 6105.230, subp. 3., E.

(Ord. No. 2022-8, § 2, 5-10-22)