Forest Lake City Zoning Code
OVERLAY DISTRICTS
§ 153.086 AGRICULTURE PRESERVE (AP) OVERLAY DISTRICT.
(A) Purpose. The Agriculture Preserve (AP) District is intended to preserve areas for interim or permanent agricultural use; preserve the rural character of outlying areas of the city; to allow a mix of large lot residential development and agriculturally related uses in areas of the city not yet served by public sewer; and to broaden the choice of residential living styles within the city. The AP District is a statutory agriculture district with special tax and assessment benefits.
(B) Permitted uses. Subject to applicable provisions of this chapter, the following are permitted uses in the AP District:
(1) Agricultural use;
(2) Dwelling, single-family detached;
(3) Plant nursery, wholesale;
(4) Recreation, public.
(C) Accessory uses. Subject to applicable provisions of this chapter and M.S. § 473H.17, as it may be amended from time to time, the following permitted accessory uses in the AP District are allowed only when they are accessory to an existing principal permitted use on the same lot. All accessory uses must meet the procedures set forth in and regulated by §§ 153.131 et seq.
(1) Detached accessory structures;
(2) Agricultural business;
(3) Day care facility, unlicensed - serving 6 or fewer persons;
(4) Kennel, private - 3 pets or fewer;
(5) Pasture;
(6) Residential facility, licensed - serving 6 or fewer persons;
(7) Other uses customarily associated with but subordinate to a permitted use as determined by the Planning Commission and City Council;
(8) Amateur radio antenna (subject to the amateur radio antenna standards in § 153.092(JJ)(9)).
(D) Certificate of compliance. Subject to applicable provision of this chapter and M.S. Ch. 473H, as it may be amended from time to time, the following are uses in the AP District that require approval by a certificate of compliance as set forth herein and regulated by § 153.029.
(1) Principal uses.
(a) Agricultural building.
(2) Accessory uses.
(a) Accessory apartment;
(b) Agriculture building;
(c) Day care facility, licensed, serving 7 to 14 persons;
(d) Dwelling, temporary during construction;
(e) Dwelling, temporary care facility;
(f) Home occupations;
(g) Horse training facilities, private;
(h) Kennel, private - more than 3 pets;
(i) Residential facility, licensed - serving 7 to 10 persons;
(j) Towers (see § 153.092).
(E) Conditional uses. Subject to applicable provisions of this chapter and M.S. § 473H.17, as it may be amended from time to time, the following are conditional uses in the AP District (requires a conditional use permit based upon procedures set forth in and regulated by § 153.034).
(1) Principal uses.
(a) Cemetery;
(b) Essential services, governmental buildings and storage;
(c) Essential services, utility substation;
(d) Garden supply store and nursery yard;
(e) Mining;
(f) Place of worship;
(g) Recreation, commercial;
(h) School;
(i) Tower (see § 153.092);
(j) Yard waste facility.
(2) Accessory uses.
(a) Balloon port, commercial;
(b) Bed and breakfast inn;
(c) Day care facility, licensed - serving more than 14 persons;
(d) Feedlot;
(e) Horse training facilities, commercial;
(f) Kennel, commercial;
(g) Residential facility, licensed - serving more than 10 persons;
(h) Veterinary, large animal.
(3) Other uses similar to those permitted in this section as determined by the Planning Commission and City Council.
(F) Lot size, setback, and height requirements. The following minimum requirements shall be observed in an AP District subject to additional requirements, exceptions, and modifications set forth in this chapter.
(1) Minimum lot requirements.
(a) Lot area: 40 acres.
(b) Lot width: 300 feet.
(2) Setbacks.
(a) Principal structure.
1. Front yard:
a. Arterial, as designated in the Comprehensive Plan: 75 feet from the right-of-way line, or 150 feet from the centerline of the street, whichever is greater;
b. Collector street: 50 feet from the public right-of-way;
c. Local street: 40 feet from the public right-of-way.
2. Side yard: 20 feet.
3. Side street: same as front yard.
4. Rear yard: 50 feet.
(b) Detached accessory structure.
1. Front yard: must meet principal building setbacks; however, if located between the principal structure and a road, a 100 foot setback is required.
2. Side yard: 20 feet.
3. Side street: same as front yard.
4. Rear yard: 50 feet.
(3) Building height. All buildings shall be limited to a maximum height of 35 feet.
(a) Principal structure: maximum height of 3 stories.
(b) Detached accessory structure: maximum height of 2 stories.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 651, passed 3-14-2016; Am. Ord. 736, passed 4-22-2024)
§ 153.087 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT.
(A) Purpose.
(1) The primary purpose of a Planned Unit Development (PUD) is to permit a more creative and flexible regulatory process in guiding land development as compared to the standard development regulations of this chapter. The PUD process provides a joint planning/design effort by the city and the applicants, as opposed to the city establishing limits within which applicants must perform. The intent is to provide a greater degree of creativity and flexibility and promote the health, safety, order, convenience, prosperity, and general welfare of the city and its inhabitants.
(2) Benefits resulting from a PUD may include the following opportunities:
(a) To promote more efficient and effective use of land, open space, and public facilities;
(b) To preserve, enhance, and protect desirable site characteristics, open spaces, and valuable natural resources;
(c) To benefit from new technology in building design and construction;
(d) To encourage variety in the organization and site elements, land uses, building densities, and building types and to promote higher standards of site and building design for all PUD projects;
(e) To assure that the development of a complex unit of associated uses is planned as a single entity and to effectuate the policies and standards of the Comprehensive Plan.
(B) Rules and standards.
(1) Applicants may be excused from certain requirements of this chapter when specifically approved as part of the PUD. The elimination of requirements shall only be allowed for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the applicant. All provisions of this chapter not specifically excused in the preliminary plan review and/or final plan review shall apply to the PUD.
(2) The granting of a PUD does not alter in any manner the underlying zoning district uses. Building permits shall not be issued which are not in conformity with the approved PUD.
(3) PUDs may be utilized in all zoning districts except for conservancy, rural residential, and agriculture districts.
(C) Development standards. The development standards for PUDs shall be guided by the underlying zoning district and established with PUD approval, except for the following standards:
(1) Minimum area for residential PUDs. The minimum total area required for a PUD shall be 7.5 acres of contiguous upland (excluding wetlands). Tracts of land of less than 7.5 acres contiguous upland (excluding wetlands) may qualify only if the applicant can show that the minimum lot area requirement should be waived because a PUD is in the public interest and that 1 or more of the following conditions exist:
(a) Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the normal district would not allow a physical or terrain feature of importance to the neighborhood or community to be preserved;
(b) The property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood;
(c) The development of the property as a PUD will provide the city with other significant on-site or off-site benefits or amenities.
(2) Residential densities. A PUD may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units allowed in a development shall be determined by either of the following:
(a) The area standards of the underlying zoning district in which the proposed development is to be located;
(b) The density specified by the PUD is consistent with the intent of the city’s Comprehensive Plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the Comprehensive Plan. However, the applicant has the burden of showing that such increases in units will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property owners of their properties. The city, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public facilities and services to be achieved by:
1. The location, amount, and proposed use of common open space;
2. The location, design, and type of dwelling units; and
3. The physical characteristics of the site.
(3) Multi-family, commercial, and industrial sites. All multi-family, commercial, and/or industrial sites shall at a minimum have 2 principal buildings or 2 principal uses on-site to qualify as a PUD. All multi-family, commercial, and/or industrial sites that have 2 or more principal buildings must be processed as a PUD.
(4) Open space. A primary function for all PUDs is to encourage development that preserves and enhances the natural characteristics and valuable natural resources of a site and not force intense developments that use all portions of a given site to arrive at the maximum intensity or density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. All open space shall be labeled as such and as to its intent or designed functions.
(5) Relationship to adjacent areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be designed to minimize any undesirable impact of the development on adjacent properties and, conversely, to minimize any undesirable impact of adjacent land use and development characteristics on the PUD.
(D) Procedure and administration.
(1) Pre-application meeting. Prior to submission of any plan for consideration of the Planning Commission, the applicant shall meet with the city to discuss the contemplated project relative to community development objectives for the area in question to learn what procedural steps and exhibits shall be required. In the event the proposed development of the land is not in conflict with the community development objectives, the applicant may proceed to concept plan review.
(2) Concept plan review. Before submitting an application for preliminary plan review, the applicant may request that the Planning Commission review a concept of the proposed PUD. The concept plan review allows the applicant to receive general, non-binding feedback from the Planning Commission before the applicant prepares and submits a more detailed application for preliminary plan review.
(3) Preliminary plan review. The applicant for a PUD shall apply for preliminary plan review (see division (E) of this section for submittal requirements). The Planning Commission shall make a recommendation to the City Council to approve or deny the preliminary plan and the Council shall take final action on the application. City Council approval of the preliminary plan indicates that the applicant can proceed on to final plan review.
(4) Final plan review. The applicant shall secure final plan review approval from the City Council within 1 year following the date of approval of the preliminary plan review. If application for final plan review approval is not received within 1 year, the preliminary plan review will be considered abandoned and a new application for preliminary plan review must be submitted. After receiving a recommendation from the Planning Commission, the City Council shall make final determination on approval of the final plan review.
(5) Application. A PUD requires a preliminary plan and final plan review application. An application and submittal requirements shall be filed in writing with the city.
(6) Fees. The required application fee shall accompany applications for preliminary plan and final plan review. The applicant shall pay fees as set forth by the City Council.
(7) Public hearing and notices. All applications for review of a Planned Unit Development proposal, except concept review, require a public hearing and shall be noticed and processed according to the standards and procedures for zoning ordinance text and map amendments as established in § 153.037.
(8) Development agreements. A development agreement shall be required to be executed reflecting all terms and conditions of the approved Planned Unit Development plans and financial requirements.
(E) Preliminary plan review submittal requirements. The application for preliminary plan review shall be accompanied by supporting information as listed below or as deemed necessary by the city to fully explain the property, the applicant, and the proposed development. The application may include further information as the applicant deems appropriate for preliminary plan review of the proposed PUD. The city may require additional information depending on the complexity of the proposal. The supporting information and an application form shall be submitted in a format as directed by the city and, at a minimum, shall contain the following:
(1) A written statement generally describing the proposed PUD and the market which it is intended to serve. The statement shall also demonstrate the proposed PUD’s relationship to the city’s Comprehensive Plan and how the proposed PUD is to be designed, arranged, and operated to permit the development and use of neighboring property in accordance with the applicable provisions of the City Code. The statement shall also include the public decisions necessary for implementing the proposed plan, including the present and possible new zoning classifications required for development;
(2) A legal description of the entire area within the PUD for which final plan review approval is sought;
(3) A preliminary plat prepared in accordance with the city’s subdivision regulations;
(4) A preliminary plan drawing to a scale of not less than 1 inch equals 50 feet (or scale as requested by the city) containing at a minimum the following information:
(a) Proposed name of the development;
(b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the site;
(c) The location, size, use, and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including model homes and existing buildings that will remain, if any. Also, all required setback lines shall be depicted;
(d) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces, and access aisles, and all other circulation elements, including bike and pedestrian, and the total site coverage of all circulation elements;
(e) Location, designation, and total area of all common private open space and facilities;
(f) Location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities;
(g) The location, use, and size of structures and other land uses on adjacent properties; and
(h) Where applicable, a tabulation indicating the number of residential dwelling units and expected population and a tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity.
(5) A preliminary landscape plan showing groundcover materials and the areas to be landscaped with the location, size, and species of all trees, shrubbery, and groundcover;
(6) A preliminary grading, drainage, and site alteration plan for the development illustrating changes to existing topography and natural site vegetation and all appropriate protection measures taken during construction;
(7) A preliminary lighting plan illustrating the location, types of devices, and photometric data;
(8) A preliminary signage plan illustrating the sizes, location, and overall program;
(9) A traffic flow plan and analysis;
(10) Solid waste disposal procedures and provisions;
(11) Proof of a property interest in the site which shall consist of a fee simple title, or an option to acquire a fee simple title within a specified time period, or a leasehold interest in excess of 30 years, or a substantial interest in a joint venture agreement, real estate investment trust, or other real estate syndication that can obtain a fee simple title or marketable title subject to certain restraint which will not substantially restrict its development within a reasonable time. All mortgages, including purchase money mortgages, easements restricting land use, and liens and judgments that may affect the site, shall be documented. The applicant shall supply proof of existing ownership consisting of an abstract of title, certified currently, a current certificate of title, or an attorney’s title opinion based thereon, together with any unrecorded documents whereby the applicant acquired a legal or equitable property interest;
(12) Any other information that may have been required by the city staff, Planning Commission, or City Council in conjunction with the approval of preliminary plan review.
(F) Final plan submittal requirements. The application for final plan approval shall be accompanied by development plans of the proposed PUD and supporting information as listed below or as deemed necessary by the city. All material shall be submitted together in a format as directed by the city and shall include the following:
(1) A final site plan, grading plan, utility plan, landscaping plan, lighting plan, building elevations, sign plan, and all applicable data as aforementioned in division (E)(4) and § 153.035, as deemed necessary depending upon the complexity of the proposal. One transparent Mylar copy of the final development plans, should they be approved, shall be filed with the city within 60 days of the approval.
(2) A final plat in accordance with the requirements of the city’s subdivision ordinance.
(3) A legal submission component, including any deed restrictions, covenants, agreements, by-laws, or proposed homeowner’s association or other documents or contracts controlling the use or maintenance of the property. Where the information is lacking, the City Council may require a bond or similar guarantee to insure that areas held in common by persons residing in the development will be developed and maintained.
(4) A final construction plan indicating the geographical sequence and timing of development for the plan or portions thereof, including the date of beginning and completion of each stage.
(5) Any other information necessary to fully represent the intentions of the final plan.
(G) Criteria and Procedure for granting a PUD. The Planning Commission may recommend and the City Council may act to approve or deny a preliminary or final plan for a PUD. The City Council shall review the submitted application and recommendation from city staff and make a final decision. The final decision of the City Council shall include all conditions or modifications to the application. The Planning Commission, in making a recommendation, and the City Council, in acting upon a plan, shall consider the following factors. However, nothing herein shall be meant to guarantee approval of the PUD:
(1) The consistency of the proposed PUD with the city’s Comprehensive Plan;
(2) The proposed use’s compliance with the standards and criteria of the zoning code and subdivision regulations;
(3) The extent to which the proposed PUD is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character, and sufficiency of drainage and utilities;
(4) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area;
(5) The impact of the proposed uses on the health, safety, and general welfare of the occupants of the surrounding area;
(6) The burden or impact created by the PUD on parks, schools, streets, and other public facilities and utilities;
(7) The sufficiency of each phase of the PUD to ensure its construction and operation is feasible without dependence upon any subsequent phase;
(8) The impact of the PUD on environmental quality, property values, scenic views, and reasonable enjoyment of the surrounding area; and
(9) That any exceptions to city code, policy, or regulations are justified by the design or development of the proposed use.
(H) Final plan revisions.
(1) Minor changes in the location, placement, and heights of buildings or structures may be authorized by the city if required by engineering or other circumstances not foreseen at the time the final plan review was approved.
(2) Major changes such as rearrangement of lots, blocks, and building tracts or any other significant changes as determined by the city shall be reviewed by the Planning Commission with recommendation to the City Council. Upon Planning Commission recommendation, the City Council shall make final approval. Any changes shall be consistent with the purpose and intent of the approved final plan review.
(I) Method of amending a PUD. Any desired change involving density, use, building type, enlargement, or intensification of the use not specifically allowed by a particular PUD, or any request for a variance from the specific terms of a previously passed PUD, shall require that an application be filed for an amendment and all procedures shall then apply as required for a new plan application.
(J) Method of cancellation of a PUD. Any existing approved PUD shall be deemed to be canceled if the owner of the land involved in the permit applies for and receives a rezoning with respect to the property prior to the time that there is any physical implementation of the matters covered by the previously approved PUD. In addition, an existing PUD shall be deemed to be automatically canceled in the event that a final plat, if the same is required in connection with the application, is not filed with Washington County as required by and in accordance with the terms of the city subdivision regulations within 120 days following final approval of the PUD by the City Council. The PUD shall expire and be considered null and void 1 year after it has been issued if no construction has begun or if use has not been established. In all other situations, an existing PUD shall be canceled and revoked, short of expiring according to its own terms, only in the event of the city, acting in accordance with law and due process, taking some rezoning action that supersedes the PUD.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 648, passed 9-28-2015; Am. Ord. 736, passed 4-22-2024)
§ 153.088 RURAL OPEN SPACE HOUSING CLUSTER PLANNED UNIT DEVELOPMENT REGULATIONS.
(A) Purpose. The primary purpose of a rural open space housing cluster Planned Unit Development (PUD) is to preserve the open space and rural character of certain zoning districts while creating compact neighborhoods that have a strong visual and physical access to the open space. This method of development uses the size and shape of the open space as the central organizing element, rearranging the density on each parcel so that less land is cleared, graded, and turned into driveways, streets, lawns, and houses. The Open Space Development regulations are established to encourage development of rural housing clusters that meet the following purposes:
(1) To provide efficient use of the land while maintaining contiguous blocks of economically viable agricultural land, mature woodlands, and open space, and preserving historical features, scenic views, natural drainage systems, and other desirable features of the natural environment;
(2) To allow housing to be concentrated on sites that have low agricultural potential and/or high natural housing appeal;
(3) To create neighborhoods with direct access to open space, distinct identities, and sense of community;
(4) To encourage innovation and promote flexibility, economy, and creativity in residential development;
(5) To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;
(6) To preserve scenic views and elements of the rural character and the natural environment by minimizing views of new development from existing roads.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY GARDEN. Land which is cultivated by the residents of the development for the production of trees, vegetables, fruits, flowers, herbs, and grasses for the residents’ use or to be sold directly to consumers through membership in the garden.
CONSERVATION EASEMENT. An interest in real property created in a manner that imposes limitations or affirmative obligations in regard to the use of property, including the retention, protection, and maintenance of natural resources, open space, and agriculture.
CULTURAL RESOURCE. The historic and archeological characteristics of the land, including buildings and landscapes that provide information regarding the history of the city and its people.
HISTORIC BUILDING AND STRUCTURE. A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office as having public value due to its architectural features relating to the cultural heritage of the city.
HOMEOWNER’S ASSOCIATION. A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating, and maintaining the common open space and facilities.
NEIGHBORHOOD. An area containing a contiguous group of residential lots where people live in close proximity to one another.
OPEN SPACE. Land used for agriculture, natural habitat pedestrian corridors, and/or recreational purposes that is undivided and permanently protected from future development.
OPEN SPACE DEVELOPMENT. A grouping of residential structures on smaller lots than allowed in the specific zoning district leaving some land dedicated as open space.
PERIMETER ROAD. A road lying outside of and abutting the development parcel.
PLANT COMMUNITY. A grouping of plants with common environmental requirements living within the landscape (such as wetlands, grasslands, and boreal forests).
PROTECTIVE OR RESTRICTIVE COVENANT. A contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property.
RESOURCE INVENTORY. A survey of the land’s features, including its natural resources, cultural resources, scenic views and view sheds, and physical characteristics.
(C) Applicability. The Open Space Development standards are an alternative set of standards for residential developments within the Conservancy, Agricultural, and Rural Residential Districts. Open Space Developments are permitted within these zoning districts upon the issuance of a PUD. The design standards contained in this section are not applicable in the Shoreland Overlay District. The regulations of this section are applicable only to Open Space Developments approved after the effective date of this chapter.
(D) Application.
(1) A PUD is required for an Open Space Development in the Conservancy, Agricultural, and Rural Residential Districts.
(2) A PUD application shall be filed, in writing, with the city in accordance with rules and regulations set forth in § 153.087.
(3) In addition to those criteria as stated in § 153.087, the Planning Commission shall consider the following:
(a) The Open Space Development is designed to preserve open space and the rural character of the Conservancy, Rural Residential, and Agriculture Districts;
(b) The Open Space Development is designed in accordance with the standards of this section;
(c) The Open Space Development supports the goals and policies of the city’s Comprehensive Plan;
(4) In addition to those submittal requirements stated in § 153.087, the following items shall be submitted as part of the PUD application for Open Space Developments:
(a) Resource inventory. The plan for an Open Space Development shall include a resource inventory to include the following mapped at a scale of no less than 1 inch equals 100 feet.
1. Topographic contours at 2 foot intervals showing rock outcrops and slopes of more than 8%.
2. Soil type locations and identification of soil type characteristics such as agricultural capability, depth to bedrock, and suitability for wastewater disposal systems.
3. Hydrologic characteristics, including surface water bodies, flood plains, wetlands, natural swales, and drainage ways.
4. Vegetation of the site, according to general cover type (pasture, woodland, and the like), defining boundaries of woodland areas and stand-alone trees with a caliper of more than 6 inches. Vegetative types shall be classified as generally deciduous, coniferous, or mixed and described by plant community, relative age, and condition. See also §§ 153.137 et seq.
5. Current land use and land cover (cultivated areas, paved areas, and the like), all buildings and structures on the land, and all encumbrances such as easements or covenants.
6. Visual resources showing views onto the tract from surrounding roads and public areas as well as views within the tract.
7. Cultural resources: brief description of historic character of buildings and structures, historically important landscapes, and archeological features.
8. Context: general outlines of existing buildings, land use, and natural features such as water bodies or wooded areas, roads, and property boundaries within 500 feet of the tract.
(b) Yield plan. The applicant shall submit a “yield plan” showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of this chapter and the subdivision regulations. The yield plan need not be engineered; however, it shall be drawn to scale and it shall identify all the major physical features on the parcel.
(c) Concept subdivision plan. One or more open space design plans meeting the intent of this chapter and including at least the following information:
1. Open space areas indicating which areas are to be protected;
2. Boundaries of areas to be developed and proposed general street and lot layout;
3. Number of housing units proposed;
4. Areas proposed for storm water management and on or off-site sewage treatment;
5. The plans shall be drawn to scale.
(d) Phasing plan. Open Space Developments may be phased in accordance with a unified development plan for the entire tract meeting the following requirements:
1. A phasing plan identifying the sequence of development showing approximate areas serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each;
2. The phasing plan shall be made a part of the PUD;
3. Any common facilities, including golf courses, shall be constructed prior to the sale of any lots and shall be clearly marked on a site map that shall be an attachment to all sales agreements for individual lots;
4. As part of the development agreement, a financial guarantee to ensure completion of common facilities, trails, and landscaping shall be provided.
(e) General location map.
(5) Application procedure. Upon submittal of a complete application, the application shall be processed according to the following.
(a) Public hearing and notices. All applications for final review of an Open Space Development proposal require a public hearing and shall be noticed and processed according to the standards and procedures for a PUD and major subdivision under the provisions of the city subdivision regulations.
(b) Criteria for granting an Open Space Development. The city may grant an Open Space Development, provided the proposed development complies with the standards and criteria stated in this chapter and the subdivision regulations and that the development is in harmony with the general intent of the Comprehensive Plan. In granting approval for an Open Space Development, the city shall consider:
1. The impact of the proposed use on the health, safety, and general welfare of the occupants of the surrounding lands;
2. Existing and anticipated traffic conditions, including parking facilities on the adjacent streets and land;
3. The effect of the proposed use on property values and scenic views in the surrounding area;
4. The compliance of the proposed use with the city’s Comprehensive Plan;
5. The ability of the proposed use to meet the standards of this chapter; and
6. Whether the proposed use is permitted in the underlying zoning district.
(c) Approval. If the city determines that the proposed use will not be detrimental to the health, safety, or general welfare of the city, and that the use is in harmony with the general purpose and intent of this chapter and the Comprehensive Plan, the city may approve such Open Space Development.
(E) Uses. The following uses are permitted within designated open space. The uses must meet the standards and criteria specified for those uses as set forth herein and regulated in this chapter unless as otherwise stated below:
(1) Conservation (such as woodland, meadow, prairie);
(2) Agricultural;
(3) Equestrian;
(4) Recreational uses and associated parking:
(a) Trails (walking, skiing, cycling, horseback riding, snowmobiling);
(b) Picnic areas;
(c) Community gardens;
(d) Turf areas for informal play;
(e) Playgrounds.
(5) Storm water management facilities;
(6) Community sewage disposal systems;
(7) Essential services, utility.
(F) Ownership and management of open space. The designated open space and common facilities shall be owned and managed by 1 or a combination of the following:
(1) Homeowners’ association;
(2) The city or another governmental body empowered to hold interest in real property in accordance with Minnesota Statutes;
(3) An individual who will use the land for open space purposes as provided by the permanent conservation restrictions.
(G) Open space.
(1) Required open space shall be subject to permanent conservation easement and used for the purposes as defined by this chapter. The conservation easement shall be dedicated to an acceptable land trustee or other similar organization as approved by the city.
(2) The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public, providing the proper approvals are received.
(3) A financial guarantee ensuring the construction and completion of the common facilities shall be submitted to the city.
(H) Homeowners’ associations.
(1) A homeowners’ association shall be established if the open space is owned by a homeowners’ association. Membership in the association is mandatory for all purchasers of homes in the development and their successors.
(2) A homeowners’ association agreement guaranteeing continuing maintenance shall be submitted to the city as part of the data required for the PUD. The homeowners’ association documents or the declaration of covenants, conditions, and restrictions shall contain the following information:
(a) The legal description of the common lands or facilities;
(b) The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions;
(c) A mechanism for resolving disputes among the owners or association members;
(d) A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes, and insurance premiums;
(e) The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership;
(f) Any other matter the developer deems appropriate;
(g) The management of collector sewage treatment systems.
(I) Density standards. The number of density units for the parcel shall be determined by the Comprehensive Plan and by underlying zoning.
(J) Performance standards.
(1) General considerations.
(a) The residential lot shall be large enough to accommodate 1 house and a 2 car garage.
(b) All structures shall be set back a minimum of 50 feet from unclassified water bodies.
(2) Residential lot requirements.
(a) Minimum lot size:
1. Septic on-site: 60,000 sq. ft. (43,560 sq. ft. net buildable);
2. Septic off-site: 25,000 sq. ft. (3,400 sq. ft. net buildable).
(b) Principal building setbacks:
1. Front lot line: 30 feet;
2. Side lot line: 10 feet;
3. Rear lot line: 30 feet.
(c) Accessory building setbacks: see accessory structures, §§ 153.131 et seq.
(d) Maximum building height: 35 feet.
(e) All newly created lots shall be accessed from interior local streets.
(f) Fifty percent of the lots within a neighborhood shall abut open space on at least 1 side. A local street may separate lots from the open space.
(3) Neighborhood siting standards.
(a) Neighborhoods shall be located to minimize their impacts on the natural, scenic, and cultural resources of the site.
(b) Neighborhoods shall avoid encroaching on rare plant communities or endangered species identified in the Department of Natural Resources County Biological Survey for Natural Communities and Rare Species.
(c) Fragmentation of open space shall be minimized.
(d) Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels.
(e) Neighborhoods should be sited to achieve the following goals to the extent practicable. In cases where impact on 1 or more of the following resource areas is unavoidable, the impact should be minimized through use of landscaping, topography, or other features:
1. Avoid prime farmland soils and large tracts of land in agricultural use and avoid interference with normal agricultural practices;
2. Minimize disturbance to woodlands, hedgerows, mature trees, or other significant vegetation;
3. Protect scenic views of open land from adjacent roads;
4. Protect existing historic buildings or incorporate them through adaptive reuse.
(f) The maximum number of residential lots permitted in a neighborhood is 50.
(4) Open space design. Open space shall be designed in a manner that ensures an active use or enjoyment of a reasonable portion of the open space for the residents.
(a) Open space shall be designated as part of the development. The minimum required open space is based on a percentage of the gross acreage:
1. A: 55%;
2. RR: 55%;
3. C: 75%.
(b) The required open space shall be undivided and restricted from further development.
(c) The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:
1. Parking areas for access to and use of the open space;
2. Buildings or structures that are accessory to the use of the open space.
(d) Road rights-of-way may not be located within the required open space area and shall not be counted towards the required minimum open space.
(e) No more than 50% of the required open space may consist of unclassified water bodies, ponds, areas within the 100 year floodplain (or high water mark as documented by city records), wetlands, or slopes of greater than 33%.
(f) At least 10% of the open space shall be accessible to the residents of the development.
1. At least 10% of the open space that is accessible shall be suitable for recreational uses, such as trails, play fields, or community gardens.
2. A pathway system connecting all parts of those open space areas accessible to neighborhood residents and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.
3. That portion of the open space designated for the location of sewage treatment facilities shall not be included as part of this accessible open space.
(5) Street standards. Streets shall be designed to minimize the visual size and scale of the development and to help discourage excessive speeds. Neighborhood streets may take the form of a two-way street, a pair of one-way streets on either side of a landscaped median, or a one-way loop street around a small neighborhood green. Street widths and alignments should be carefully scaled to neighborhood size. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles and promote adequate vehicular circulation:
(a) The applicant must demonstrate that access to the development has the capacity to handle traffic generated by the proposed project and will not endanger the safety of the general public;
(b) Streets shall be constructed to meet the city’s engineering standards;
(c) Street connections to adjacent parcels shall be provided in logical locations to avoid creating landlocked parcels and provide for connecting street patterns.
(6) Sewage and water facilities.
(a) Water for an Open Space Development shall be provided by individual on-site wells or by 1 or more community wells meeting the permit requirements of the Minnesota Department of Health. The use of shared or community wells are encouraged.
(b) All Open Space Developments shall be provided with adequate sewage treatment facilities meeting the standards of the Washington County Individual Sewage Treatment Standards Regulations and the permit requirements of the Minnesota Pollution Control Agency.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.089 SHORELAND OVERLAY DISTRICT.
(A) Statutory authorization and policy.
(1) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes.
(2) Policy. The uncontrolled use of shorelands of the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use, and development of shorelands of public waters. The legislature of 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 recognized by the city.
(B) Scope and applicability.
(1) The provisions of this section shall apply to the shorelands of the public water bodies as classified in this section and unclassified water bodies where applicable. A landscape/garden pond created by a private user where there was no previous water body may, at the discretion of the governing body, be exempt from this section.
(2) It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
(3) The use of any shoreland of public water; the size and shape of lots; the use, size, type and location of structure 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 regulation and other applicable regulations.
(4) If any section, clause, provision, or portion of this section is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(5) The regulations contained in this section are in addition to and not in lieu of the other regulations contained in other sections of this chapter. All other regulations in this chapter that are inconsistent with the regulations of this section are repealed to the extent of the inconsistency only.
(C) Purpose. It is the intent and purpose of these regulations to:
(1) Designate suitable land use districts for each body of public water;
(2) Regulate the sanitary and waste treatment system for lots;
(3) Regulate the area of lot and the width of lots suitable for building sites;
(4) Regulate the alteration of shoreland of public waters;
(5) Regulate alterations of the natural vegetation and the natural topography along shorelands;
(6) Conserve natural resources and maintain a high standard of environmental duality;
(7) Preserve and enhance the quality of surface water;
(8) Preserve the natural environmental values of shorelands;
(9) Provide for the utilization of water and related land resources;
(10) Maintain water quality, reduce flooding and erosion, and provide sources of food and habitat for a variety of fish and wildlife.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in § 153.010 and to give this section its most reasonable application.
ACCESS CORRIDOR. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream, or wetland.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BLUFF LINE. A line along the top of a slope connecting points at which the slope, proceeding away from the water body or adjoining watershed channel, becomes less than 18% and it only includes slopes greater than 18% that meet the following criteria:
(a) Part or all of the feature is located in a shoreland area;
(b) The slope rises at least 20 feet above the ordinary high water level of the water body;
(c) The slope must drain toward the water body;
(d) The average slope of 18% or more shall extend over a distance of 50 feet or more.
BUFFER STRIP. Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation.
BUFFER WIDTH, MINIMUM. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream.
BUILDABLE LAND. Land with a slope less than 33% and outside of any required setbacks except that on a natural environment lake where a 200 foot structure setback is required, the buildable areas calculation shall be measured from a 153 foot setback rather than the required 200 foot setback, and above any 100 year floodplain, drainage way, or drainage easement.
BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.
CLEAR CUTTING. The removal of an entire stand of trees.
COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
CONTROLLED ACCESS LOTS. Lots intended to provide access to the lake for residents of a particular development.
DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than 6 inches above ground.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated under Minnesota Statutes.
FOREST LAND CONVERSION. The clear-cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
IMPERVIOUS SURFACE. The area of a lot (above the ordinary high water level) covered with buildings, including all appurtenances, driveways and sidewalks, and similar impervious materials. For the purpose of this section, driveways that have a gravel base shall be considered impervious. Decks that allow drainage through the decking and that do not have a plastic weed barrier or some other material that would impede drainage into the ground and swimming pool water surface area shall not be considered impervious.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
LAKE, GENERAL DEVELOPMENT. Generally large, deep lakes of varying size and depths with high levels and mixes of existing development. These lakes often are extensively used for recreation and, except for the very large lakes, are heavily developed around the shore. Second and third tiers of development are fairly common.
LAKE, NATURAL DEVELOPMENT. Generally small, often shallow lakes with limited capacities for assimilation of the impacts of development and recreational use. They often have adjacent lands with substantial constraints for development such as high water tables, exposed bedrock, and unsuitable soils.
LAKE, RECREATIONAL DEVELOPMENT. Generally medium-sized lakes of varying depths and shapes with a variety of land form, soil and ground water situations on the lakes around them. They often are characterized by moderate levels of recreational uses and existing development. Development consists mainly of seasonal and year-round residences and recreational-oriented commercial uses.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the minimum required setback line from the ordinary high water mark or road right-of-way.
NON-RIPARIAN. A lot with no lake frontage.
ORDINARY HIGH WATER LEVEL. The boundary of public waters shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool. On lakes with an ordinary high water level established by the Minnesota Department of Natural Resources, that elevation shall be considered the ORDINARY HIGH WATER LEVEL.
PUBLIC WATERS. Any waters as defined in Minnesota Statutes.
RIPARIAN. A lot with lake frontage.
RIVER, TRANSITION. A river designated as such by the Minnesota Department of Natural Resources.
RIVER, TRIBUTARY. Consists of watercourses mapped in the Protected Waters Inventory that have not been assigned one of the river classes. These segments have a wide variety of existing land and recreational use characteristics.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over ground water or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
SETBACK. The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, top of a bluff, road, highway, property line, or other facility.
SEWAGE TREATMENT SYSTEM. An on-site septic tank and soil absorption system or other individual or cluster type sewage treatment system.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
SHORE IMPACT ZONE. Land located between the ordinary high water level of public water and a line parallel to it at a setback of 50% of the required structure setback.
SHORELAND. Land which meets all of the following criteria from public waters:
(a) A portion of the lot must be located within 1,000 feet from the ordinary high water level of a lake, or 300 feet from a river or stream, or the landward extent of a floodplain designated by an ordinance on a river or stream, whichever is greater;
(b) A portion of the lot must fall within the Shoreland Zoning District as delineated on the Zoning Map;
(c) A lot must have public water frontage or be in the next tier of lots landward that has primary access from the same public or private road that serves the public water frontage lots (Tier Two lots).
SIGNIFICANT HISTORIC SITE. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery.
STEEP SLOPE. Land where development or agricultural activity is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics. Where specific information is not available, STEEP SLOPE is a 12% slope measured over a horizontal distance of 50 feet.
TIER TWO. A lot or parcel of land which is across the street from a public or private road that serves the lots fronting a public water body.
TOE OF THE BLUFF. The lower point of bluff with an average slope exceeding 18%.
TOP OF THE BLUFF. The highest point of a bluff with an average slope exceeding 18%.
TRIBUTARY STREAM. A stream classified as such by the Minnesota Department of Natural Resources.
UNCLASSIFIED BODY OF WATER. Any lake, pond, backwater, swamp, marsh, wetland, stream, drainage way, flowage, river, floodplain, or other water-oriented topographical features not designated as being a natural environment lake, recreational development lake, general development lake, or transition river or tributary stream on the Zoning Map.
VARIANCE. A modification or variation of the provisions of this section as applied to a specific lot or property, except that modification in the allowable uses in the district in which the property is located shall not be allowed as a variance.
VEGETATION, NATURAL. Plant life which is native to the location, and which would normally grow if the ground were left undisturbed.
WETLAND. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. For the purposes of the section, WETLANDS must have a predominance of hydric soils, be inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and under normal circumstances, support a prevalence of hydrophytic vegetation. WETLANDS generally include swamps, marshes, bogs, and similar areas.
(E) Administration.
(1) 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 removal 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 section and other applicable regulations. In cases where standards conflict with the standards of the base zoning districts, the more restrictive standard will prevail.
(2) Permits required.
(a) A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks, fences, and signs), the installation and/or alteration of sewage treatment systems, and grading and filling activities. Application for a permit shall be made to the city. The application shall include the necessary information so that the city can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided.
(b) A permit authorizing an addition to an existing structure shall stipulate that an identified failed sewage treatment system shall be reconstructed or replaced.
(3) Notification to the Department of Natural Resources.
(a) Copies of all notices of any public hearing to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least 10 days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat.
(b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked within 10 days of final action.
(4) Variances.
(a) Variances may only be granted in accordance with Minnesota Statutes. No variance may be granted for prohibited uses.
(b) 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 shall be sent to the Department of Natural Resources and include the City Council’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(c) For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.
(F) Shoreland classification system. The public waters of the Forest Lake have been classified below consistent with the criteria found in Minn. Regs. part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, and designated on the Official Zoning Map for the City of Forest Lake.
(1) Natural environment lakes.
Natural Environment Lake | Protected ID# |
Cranberry Lake | 82-161 |
Shields Lake | 82-162 |
Mud Lake | 82-168 |
Higgins Lake | 2-2 |
Department of Natural Resources protected wetlands over 10 acres in size
|
82-79W |
82-157W |
82-158W |
82-160W |
82-164W |
82-165W |
(2) Recreational development lakes.
Recreational Development Lake | Protected ID# |
Sylvan Lake | 80 |
(3) General development lakes.
General Development Lake | Protected ID# |
Forest Lake | 82-159 |
Clear Lake | 82-163 |
(4) Tributary streams.
(a) Sunrise River.
(b) Hardwood Creek - Section 26, 27, and 34.
(G) Lot requirements. The lot area (land above the normal ordinary high water mark) and lot width standards (at road, shoreline, and building setback line) created after the date of enactment of this chapter for lake and river/stream classifications are the following.
(1) Detached single residential lots.
(a) Unsewered lakes.
Area | Width | |
Recreational development | 1.5 acres | 150 feet |
General development | 1.5 acres | 150 feet |
Natural environment | 5 acres | 200 feet |
(b) Sewered lakes.
Area | Width | |
General development | 15,000 sq. ft. | 75 feet |
(c) River/stream standards. Property fronting on rivers and streams shall meet underlying zoning density restrictions.
(2) Attached single-family. Where allowed by the underlying zoning districts with public sewer and water, attached single-family homes shall have a minimum lot area of 10,000 square feet per unit and a lot width of 65 feet per unit.
(3) Additional special provisions.
(a) A Planned Unit Development (PUD) may be utilized in the Shoreland Overlay District as stated in § 153.089. In no case shall a PUD increase the density beyond the density allowed by the underlying zoning district or alter the required setback from the ordinary high water mark.
(b) Only land above the ordinary high water level of public waters can be used to meet lot area standards. Lot width standards must be met at the minimum required building setback lines from the ordinary high water level and road right-of-way.
(c) Any lot intended as controlled access to public waters or recreation areas for use by owners of non-riparian lots within subdivisions are permissible providing all of the following standards are met:
1. The lot 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 6 watercraft is to be allowed at a controlled access lot, the width of the lot (keeping the same lot depth) must be increased by the percent of requirements for riparian residential lots for each watercraft beyond 6, consistent with the following table:
Ratio of Lake Size to Shore Length (acres/mile) | Percent of Required Increase in Frontage |
Less than 100 to 1 | 25% per additional watercraft |
101 - 200 to 1 | 20% per additional watercraft |
201 - 300 to 1 | 15% per additional watercraft |
301 - 400 to 1 | 10% per additional watercraft |
Greater than 400 to 1 | 5% per additional watercraft |
3. The lot(s) 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; and
4. A development agreement with the city specifying which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use or the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflicts activities include swimming, sunbathing, or picnicking. The development agreement must limit the total amount of vehicles allowed to be parked and the total number of watercraft to be continuously moored, docked, stored over water, or parked on the property, 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 and other facilities to be screened by vegetation or topography as much as practical from the public water, assuming summer, leaf-on conditions. No structures are allowed to be constructed on these lots except for docking facilities as approved by the Minnesota Department of Natural Resources and Washington County.
(H) Vacant lots.
(1) Any individual lot or lots that do not contain a seasonal or permanent home may not have a dock unless the first is contiguous to a lot within a seasonal or permanent home having the same ownership or as stated in § 153.089.
(2) No temporary structures, vehicles, or open storage are allowed.
(I) Structure setback and other design criteria.
(1) Placement of structures on lots. When more than 1 setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures shall be located as follows.
(a) Structure setbacks (in feet) from ordinary high water level:
CLASSES OF PUBLIC WATERS | SETBACKS | |
STRUCTURES | ||
LAKES | UNSEWERED | SEWERED |
CLASSES OF PUBLIC WATERS | SETBACKS | |
STRUCTURES | ||
LAKES | UNSEWERED | SEWERED |
Natural environment | 200 feet | 150 feet |
Recreational development | 100 feet | 75 feet |
General development | 75 feet | 50 feet |
Unclassified waterbodies | 50 feet | 20 feet |
RIVERS/ STREAMS | ||
Transition | 200 feet | 150 feet |
Tributary | 200 feet | 150 feet |
(b) Additional structure setbacks. The following additional structure setbacks apply regardless of the classification of the water body:
SETBACK FROM | SETBACK (IN FEET) |
(a) Top of bluff | 30 feet |
(b) Unplatted cemetery | 50 feet |
(c) Arterial road | 150 feet from centerline or 75 feet from road right-of-way, whichever is greater |
(d) Right-of-way, road, public street, or other roads or streets not classified | Per underline zoning district regulations |
(e) Side yard setback | Per underline zoning district regulations |
(c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.
(d) Additional regulations. Refer to Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations, for requirements relating to individual sewage treatment systems.
(2) Design criteria for structures.
(a) High water elevations. The elevation of structures located on riparian lots shall be regulated as follows: the lowest floor, including basement and crawl space shall be placed at least 1 foot above the 100 year flood level or, if the flood level has not been established, the lowest floor, including basement and crawlspace, shall be placed 3 feet above the ordinary high water level.
(b) Stairways, lifts, walks, trails, and landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. All accesses shall meet the following design requirements:
1. Stairways, walks, trails, and lifts shall not exceed 4 feet in width on residential lots. Six foot stairways may be used for commercial properties and public open-space recreational properties. A 6 foot stair may be approved as part of a PUD;
2. Landings on residential lots shall not exceed 32 square feet in area;
3. Canopies or roofs are not allowed on stairways or landings;
4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
5. Stairways, lifts, walks, trails, and landings shall be located in the most visually inconspicuous portions of lots as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
6. Facilities such as ramps, lifts, or mobility paths for persons with disabilities are also allowed for achieving access to the shore area, provided that the dimensional and performance standards of items 1 to 5 above are complied with in addition to the requirements of Minn. Regs., Ch. 1340.
(3) Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
(4) Height of structures. See underlying zoning district.
(5) Lot coverage. A maximum of 25% of the lot may be covered with impervious surface. If storm water ponding is provided (as required for new construction), certain developments may be exempt from this lot coverage requirement. Uses in those districts located east of Lake Street, south of 2nd Avenue NE, and north of 2nd Avenue SE shall be exempt from the lot coverage requirements of this section. This includes all structures, patios, walks, and surfaced or unsurfaced driveways. Landscaped areas may not have an impervious barrier installed. The removal of an impervious barrier under landscaping shall not be considered a reduction in impervious surface area.
(6) Steep slopes. The City Engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(J) Shoreland alterations. Alterations of vegetation and topography shall 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.
(1) Vegetation alterations.
(a) No cutting or removal of deciduous trees over 6 inches in diameter measured at a point 4.5 feet above ground level, or coniferous trees 12 feet in height within the required building setback shall be permitted unless the trees are determined to be dead, diseased, or pose a safety hazard. A certificate of compliance must be obtained prior to the removal of any trees.
(b) Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings, and other structures, piers, docks, and marinas, when viewed from the water.
(c) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as is feasible after any construction project is completed.
(d) The provisions of this chapter shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards.
(e) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits is exempt from these vegetation alteration standards.
(2) Topographic alterations/grading and filling.
(a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
(c) Not withstanding divisions (J)(2)(a) and (J)(2)(b) above, a grading and filling permit will be required for:
1. The movement of more than 10 cubic yards of material within the shore impact zones; and
2. The movement of more than 50 cubic yards of material outside of shore impact zones.
(d) The filling of any wetland or below the normal high water mark must be permitted by the appropriate government agency or jurisdiction.
(e) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, will be allowed only after all government agencies with jurisdiction have approved the proposed connection to public waters.
(f) The following considerations and conditions shall be adhered to during the issuance of building permits, grading and filling permits, conditional use permits, variance, and subdivision approvals:
1. Grading or filling in any type of wetland must be in compliance with the Wetland Conservation Act;
2. Alterations shall be designed and conducted in a manner that ensures that only the smallest amount of bare ground is exposed for the shortest time possible;
3. Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage and a permanent vegetation cover must be established within 6 months;
4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used;
5. Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;
6. Fill or excavated material shall not be placed in a manner that creates an unstable slope;
7. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and shall not create finished slopes of 33% or greater;
8. Any alterations below the ordinary high water level of public waters shall first be authorized by the Department of Natural Resources under Minnesota Statutes;
9. Alterations of topography shall not adversely affect adjacent or nearby properties;
10. 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 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed 3 feet. Riprap should be used only where necessary and never to replace a stable, naturally vegetated shoreline area; and
11. At the end of excavation or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded within 1 growing season with native indigenous vegetation.
(K) Placement and design of roads, driveways, and parking areas.
(1) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.
(2) All roads, driveways, and parking areas shall meet required setbacks.
(L) Buffer strips. In order to maintain water quality, reduce flooding and erosion, and to provide sources of food and habitat for a variety of fish and wildlife, buffer strips shall be provided and maintained around all natural environment lakes and streams and type 3, 4, and 5 wetlands.
(1) Lake, wetland, stream buffer widths:
(a) The minimum buffer width shall apply to all buffer widths, including those that are restored, replaced, or enhanced;
(b) The city may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks;
(c) The following buffer widths shall be maintained:
LAKE/WETLAND | NE LAKE | WETLAND(S) | STORM WATER POND |
Minimum buffer width | 50 feet | 50% of required setback | 10 feet |
(2) An access corridor 10 feet wide or 25% of the lot width is permitted to gain access to the water body.
(M) Storm water management. See City of Forest Lake Storm Water Management Ordinance.
(N) Standards for non-residential uses. Any permitted use of land adjacent to public water must meet the following standards in addition to any other requirements of this section or the Zoning Code:
(1) 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 to 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) No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the Washington County Sheriff;
(b) 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.
(O) Agricultural use standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore bluff impact zones are maintained in permanent vegetation as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
(P) Additional standards.
(1) Uses allowed within shoreland areas shall be subject to review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. A thorough evaluation of the water body and topography, vegetative, and soil conditions on the site must be made to ensure:
(a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
(b) Limited visibility of structures and other facilities as viewed from public waters;
(c) The site is adequate for water supply and on-site sewage treatment;
(d) The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
(2) The city, upon consideration of the criteria listed above and the purposes of any proposal, may attach such conditions as it deems necessary to fulfill the purposes of this section. The conditions may include, but are not limited to, the following:
(a) Increased setbacks from the ordinary high water level;
(b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;
(c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, vehicle parking areas, lighting, signage, and noise.
(Q) Sewage disposal. Any premises used for human occupancy must be provided with an adequate method of sewage treatment.
(R) Fences. In addition to the standards contained in §§ 153.129 et seq., the following standards must also be met on shoreland property. No fence shall be constructed closer to the lake than the required lake setback unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home.
(S) Nonconforming situations. Nonconforming situations shall be regulated in accordance with §§ 153.050 et seq. with the following exceptions:
(1) All legally established nonconformities as of the date of adoption of this section may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of the use and intensification of use, except that the following standards will also apply in shoreland areas:
(a) On natural environment lakes, any separate lot or parcel of record legally created and recorded prior to the adoption of this section may be used for single-family detached dwelling purposes without a variance if it is at least 1.5 acres in size, is 120 feet in width, and meets all other requirements of this section;
(b) Lots with nonconforming areas. The maximum impervious coverage may be 30% but no more than a total square footage of 3,750;
(c) Existing lots with impervious surface exceeding 25% may continue to exist so as not to exceed impervious areas at the time of adoption of this section. Every effort must be made to lessen the impervious surface when a structure is altered. Landscaped areas may not have an impervious barrier installed. The removal of an impervious barrier under landscaping shall not be considered a reduction in impervious surface.
(2) Decks not meeting the required setback from the ordinary high water level without a variance may be allowed if all of the following criteria and standards are met:
(a) The deck must be an accessory to a principal structure that existed at the time of the adoption of this chapter;
(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 shall not encroach more than 10 feet into the required setback, ordinary high water level, and does not encroach closer than 35 feet, whichever is more restrictive;
(d) The length of the deck may extend beyond the width of the principal structure by 3 feet, but shall not be set back less than 6 feet from the property line allowing access to the deck;
(e) The deck shall not be roofed, walled, or screened.
(T) Subdivision provisions. See City of Forest Lake Subdivision Ordinance.
(U) Notifications to the Department of Natural Resources.
(1) Copies of all notices of any public hearings to consider variance, amendments, or conditional uses under this section must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least 10 days before the hearing. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(2) A copy of approved amendments and subdivision/plats and final decisions granting variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources or the Commissioner’s designated representative and be postmarked within 10 days of the final action.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.090 AIRPORT OVERLAY DISTRICT.
(A) Purpose and authority. The Forest Lake Airport Joint Airport Zoning Board, created and established by joint action of the City Council of Forest Lake and the Town Board of Columbus Township pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, hereby finds and declares that:
(1) An airport hazard endangers the lives and property of users of the Forest Lake Airport, and property or occupants of land in its vicinity, and if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Forest Lake Airport and the public investment therein.
(2) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Forest Lake 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 land, it is necessary to prevent the creation or establishment of airport hazards.
(4) The prevention of these 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 airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds.
(B) Short title. This section shall be known as “Forest Lake Airport Zoning Ordinance”.
(C) Definitions. As used in this section, unless the context otherwise requires:
AIRPORT. The Forest Lake Airport located in Section 20, Township 32, Range 21, City of Forest Lake.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 933.0 feet above mean sea level.
AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.
COMMISSIONER. The Commissioner of the Minnesota Department of Transportation.
DWELLING. Any building or portion thereof designed or used as a residence or sleeping place of 1 or more persons.
ESTABLISHED RESIDENTIAL NEIGHBORHOOD IN A BUILT-UP URBAN AREA (ERN-BUUA). An area, which, if it existed on or before January 1, 1978 (for low density structures and lots) and an area which, if it existed on or before July 2, 1979 (all other land uses), shall be considered a conforming use that shall not be prohibited except as provided below in (E)(2)(e)(1). The following criteria shall be applied and considered in determining what constitutes an ERN-BUUA:
(a) Location of the airport;
(b) Nature of the terrain within Safety Zones A and B;
(c) Existing land uses and character of the neighborhood around the airport;
(d) Population of the community;
(e) That the average population density in all areas within 1 mile of any point on a runway be equal to or greater than 1 dwelling unit per acre;
(f) Population density near the airport compared with population density in other areas of the community;
(g) The age and the economic, political, and social stability of the neighborhood and the community as a whole;
(h) The proximity of supporting school, commercial, religious, transportation and other facilities and their degree of integration with residential land uses;
(i) Presence or absence of public utilities including, but not limited to, public sanitary sewer system, electric service and gas mains;
(j) Whether or not the factor listed in divisions (h) and (i) above tend to make the community surrounding the airport a self-sufficient unit;
(k) Whether the areas within 1 mile of the perimeter of the airport property would be considered primarily residential in character; and
(l) Other material factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban, and built-up.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
LANDING AREA. The area of the airport used for the landing, taking off, or taxiing of aircraft.
LOW DENSITY RESIDENTIAL LOT. A single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residences.
LOW DENSITY RESIDENTIAL STRUCTURE. A single-family or two-family home.
NONCONFORMING USE. Any preexisting structure, tree, natural growth, or use of land which is inconsistent with the provisions of this section or an amendment hereto.
NONPRECISION INSTRUMENT RUNWAY. A runway having an existing or planned straight-in instrument approach procedure utilizing air navigation facilities with only horizontal guidance, and for which no precision approach facilities are planned or indicated on an approved planning document.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
PLANNED. As used in this section, refers only to those proposed future airport developments that are so indicated on a planning document having the approval for the Federal Aviation Administration, Mn/DOT, Office of Aeronautics, and the City of Forest Lake.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). Also, a runway for which a precision instrument approach system is planned and is so indicated on an approved planning document.
RUNWAY. Any existing or planned paved surface or turf covered area of the airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.
STRUCTURE. An object constructed or installed by man, including, but without limitations, buildings, towers, smokestacks, and overhead transmission lines.
TRAVERSE WAYS. For the purposes of determining height, limits as set forth in this chapter shall be increased in height by 17 feet for interstate highways; 15 feet for all other public roadways; 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; 23 feet for railroads; and for waterways and all other traverse ways not previously mentioned an amount equal to the height of the highest mobile object that would normally traverse it.
TREE. Any object of natural growth.
UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an approved planning document.
WATER SURFACES. For the purpose of this section, shall have the same meaning as land for the establishment of protected zones.
(D) Airspace obstruction zoning.
(1) Airspace zones. In order to carry out the purposes of this section, as set forth above, the following airspace zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone, Approach Zone, Precision Instrument Approach Zone, and Transitional Zone and whose locations and dimensions are as follows.
(a) Primary Zone.
1. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending 200 feet beyond each end of Runway 13/31.
2. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 500 feet for Runway 13/31.
(b) Horizontal Zone.
1. All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,083 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 6,000 feet for Runway 13/31.
2. When a 6,000-foot arc is encompassed by tangents connecting 2 adjacent 10,000-foot arcs, the 6,000-foot arc shall be disregarded in the construction of the perimeter of the horizontal surface.
(c) Conical Zone. All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet as measured radically outward from the periphery of the horizontal surface.
(d) Approach Zone.
1. All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The approach surface inclines upward and outward at a slope of 40:1 for Runway 13/31.
2. The approach surface expands uniformly to a width of 3,500 feet for Runway 13/31 at a distance of 10,000 feet to the periphery of the conical surface.
(e) Transitional Zone. All that land which lies directly under an imaginary surface extending upward and outward at right angles to the runway centerline and centerline extended at a slope of 7:1 from the sides of the primary surfaces and form the sides of the approach surfaces until they intersect the horizontal surface or the conical surface. Transitional surfaces for those portions of the precision instrument approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the precision instrument approach surface and at right angles to the extended precision instrument runway centerline.
(2) Height restrictions. Except as otherwise provided in this section, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in any airspace zone created in division (D)(1) so as to project above any of the imaginary airspace surfaces described in said division (D)(1) hereof. Where an area is covered by more than 1 height limitation, the more restrictive limitations shall prevail.
(3) Boundary limitations. The airspace obstruction height zoning restrictions set forth in this section shall apply for a distance not to exceed 1-1/2 miles beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the Approach Zone for a distance not exceeding 2 miles from the airport boundary.
(E) Land use safety zoning.
(1) Safety zone boundaries. In order to carry out the purpose of this section, as set forth above and also, in order to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Forest Lake 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 an accident, there are hereby created and established the following land use safety zones:
(a) Safety Zone A. All land in that portion of the approach zones of a runway, as defined in division (D)(1) hereof, which extends outward from the end of the primary surface a distance equal to 2/3 of the planned length of the runway, which distance shall be 2,200 feet for Runway 13/31.
(b) Safety Zone B. All land in that portion of the approach zones of a runway, as defined in division (D)(1) hereof, which extends outward from Safety Zone A a distance equal to 1/3 of the planned length of the runway, which distance shall be 1,100 feet for Runway 13/31.
(c) Safety Zone C. All that land which is enclosed within the perimeter of the Horizontal Zone, as defined in division (D)(1) hereof, and which is not included in Zone A or Zone B.
(d) Exceptions, established residential neighborhoods. The following described lands are designated as “Established Residential Neighborhoods in Built-Up Urban Areas,” based upon the state of development of the areas on July 2, 1979. Land uses which were in existence in these areas on July 2, 1979 are exempt from the use restrictions of divisions (E)(2)(b) and (E)(2)(c) below and are subject to the provisions of (E)(2)(e) below.
1. Lots 21 through 25, according to the record plat of Lakeview Grove on file in the office of the County Recorder in and for Washington County, Minnesota.
2. Lots 1 through 5, Block 1, according to the record plat of Clear View on file in the office of the County Recorder in and for Washington County, Minnesota.
(e) Exceptions - isolated low density residential building lots and low density residential structures. The following properties in the aforesaid established residential neighborhoods are hereby designated as either isolated, low-density residential building lots or low-density residential structures. A “low-density residential structure” shall mean a single-family or two-family home and an “isolated low-density residential building lot” shall mean a single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residence. The low-density uses which were in existence on January 1, 1978 are subject to special provisions set forth in division (E)(2)(e), exceptions below:
1. That part of Government Lot 7, Section 18, Township 32, Range 21, Washington County, Minnesota which lies east of the record plat of Lakeview Grove on file in the office of the County Recorder in and for Washington County, Minnesota.
2. The North 264 feet of the East 330 feet of the Northwest Quarter of the Northeast Quarter of Section 19, Township 32, Range 21, Washington County, Minnesota.
(2) Use restrictions.
(a) General. Subject at all times to the height restrictions set forth in division (D)(2), no use shall be made of any land in any of the safety zones defined in division (E)(1) which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between airport and aircraft, makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.
(b) Zone A. Subject at all times to the height restrictions set forth in division (D)(2) and to the general restrictions continued in division (E)(2)(a), areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines, or other similar aboveground land use structural hazards, and shall be restricted to those uses which will not create, attract, or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife habitat, light outdoor recreation (nonspectator), cemeteries, and automobile parking.
(c) Zone B. Subject at all times to the height restrictions set forth in division (D)(2) and to the general restrictions contained in division (E)(2)(a), areas designated as Zone B shall be restricted in use as follows:
1. Each use shall be on a site whose area shall not be less than 3 acres.
2. Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage.
3. Each site shall have no more than 1 building plot upon which any number of structures may be erected.
4. A building plot shall be a single, uniform, and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:
Site Area at Least (Acres) | But Less Than (Acres) | Ratio of Site Area to Bldg. Plot Area | Building Plot Area (Sq. Ft.) | Max. Site Population (15 persons/A) |
Site Area at Least (Acres) | But Less Than (Acres) | Ratio of Site Area to Bldg. Plot Area | Building Plot Area (Sq. Ft.) | Max. Site Population (15 persons/A) |
3 | 4 | 12:1 | 10,900 | 45 |
12:1 | ||||
4 | 6 | 10:1 | 17,400 | 60 |
10:1 | ||||
6 | 10 | 8:1 | 32,700 | 90 |
8:1 | ||||
10 | 20 | 6:1 | 72,600 | 150 |
6:1 | ||||
20 | and up | 4:1 | 218,000 | 300 |
5. The following uses are specifically prohibited in Zone B: churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, campgrounds, and other places of frequent public or semi-public assembly.
(d) Zone C. Zone C is subject only to height restrictions set forth in division (D)(2), and to the general restrictions contained in division (E)(2)(a).
(e) Exemptions, established residential neighborhoods.
1. Land uses which existed as of July 2, 1979 in the Established Residential Neighborhoods set forth in division (E)(1)(d) above, and as shown on the Zoning Map, are subject to the height restrictions of division (D)(2) and the general restrictions of division (E)(2)(a). Land uses which come into existence after July 2, 1979 are treated as though they were not in a designated established residential neighborhood and are subject to the Zone A or Zone B restrictions as the case may be.
2. Land uses in established residential neighborhoods, which violate any of the following restrictions are prohibited as safety hazards and must be acquired, altered, or removed at public expense. Those conditions are as follows:
a. The following land uses if they exist in Safety Zones A and B and in an ERN-BUUA are considered by the Commissioner to constitute airport safety hazards so severe, either to persons on the ground or to the air-traveling public, or both, that they must be prohibited under local airport zoning ordinances:
i. Any structure which a person or persons customarily use as a principal residence and which is located entirely inside Safety Zone A within 1,000 feet of the end of the Primary Zone;
ii. Any structure which a person or persons customarily use as a principal residence and which is located entirely within Safety Zones A and B and which penetrates an imaginary approach surface as defined by division (D)(1);
iii. Any land use in Safety Zone A or B which violates any of the following standards:
A. The land use must not create or cause interference with the operation of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft;
B. The land use must not make it difficult for pilots to distinguish between airport lights and other lights;
C. The land use must not result in glare in the eyes of pilots using the airport or impair visibility in the vicinity of the airport.
iv. Any isolated residential building lot zoned for single-family or two-family residences on which any structure, if built, would be prohibited by divisions (E)(2)(e)2.a.i., ii. or iii. above. An “isolated” residential building lot is one located in the area in which the predominant land use is single-family or two-family residential structures; and
v. Any other land use which presents, in the opinion of the Commissioner, a material danger to the landing, taking off or maneuvering of aircraft or to the safety of persons on the ground. In making such a determination, the Commissioner shall consider the following factors:
A. Possibility that the land use may contribute to or cause a collision of 2 or more aircraft or an aircraft and some other object;
B. Possibility that the land use may, in case of an aircraft accident, cause an explosion, fire, or the release of harmful or noxious fumes, gases, or substances;
C. Tendency of the land use to increase the number of persons that would be injured in case of an aircraft accident;
D. Effect of the land use on availability of clear areas for emergency landings; and
E. Flight patterns around the airport, the extent of use of the runway in question, the type of aircraft using the airport, whether the runways are lighted, whether the airport is controlled, and other similar factors.
(3) Boundary limitations. The land use zoning restrictions set forth in this section shall apply for a distance not to exceed 1 mile beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding 2 miles from the airport boundary.
(F) Airport Zoning Map. The several zones herein established are shown on the Forest Lake Airport Zoning Map consisting of 3 sheets, prepared by SEH Inc., and dated January 1, 2002, attached hereto and made a part hereof, which map, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries, and other information thereon, shall be and the same is hereby adopted as part of this chapter.
(G) Nonconforming uses. Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section, and is diligently prosecuted and completed within 2 years thereof.
(H) Permits.
(1) Future uses. Except as specifically provided in divisions (H)(1)(a) and (H)(1)(b) hereunder, no material change shall be made in the use of land and no structure shall be erected, altered, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted by the Zoning Administrator, hereinafter provided for. Each application for a permit shall indicate the purpose of which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
(a) However, a permit for a tree or structure less than 75 feet of vertical height above the ground shall not be required in the Horizontal and Conical Zones or in any Approach and Transitional Zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend the height or land use limit prescribed for the respective zone.
(b) Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree more than any of the height limitations established by this section as set forth in division (D) and the land use limitations set forth in division (E).
(2) Existing uses. Before any existing use or structure may be replaced, substantially altered or impaired, or rebuilt within any zone established herein, a permit must be secured authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this section or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(3) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under this paragraph or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at his or her own expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this section. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for 10 days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(I) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this section may apply to the Zoning Administrator, hereinafter provided for, for a variance from such regulations. If a person submits an application for a variance by certified mail and the Administrator fails to grant or deny the variance within 4 months after receiving the application, the variance shall be deemed to be granted. When the variance is granted by reason of the failure of the Administrator to act on the variance, the person receiving the variance shall notify the Administrator and the Commissioner by certified mail that the variance has been granted. The applicant shall include a copy of the original application for the variance with this notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to M.S. § 360.063, Subd. 6a, as it may be amended from time to time. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but to substantial justice and be in accordance with the spirit of this section, provided any variance so allowed may be subject to any reasonable conditions that the Administrator or Commissioner may deem necessary to effectuate the purpose of this section.
(J) Hazard marking and lighting.
(1) Nonconforming uses. The owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Forest Lake.
(2) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this section and be reasonable to effectuate the purpose of this section and be reasonable in the circumstances, and granted by the Zoning Administrator or Board, shall require the owner of the structure or tree in question, at his or her own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(K) Airport Zoning Administrator. It shall be the duty of the Zoning Administrator of the City of Forest Lake to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator upon a form furnished by him or her. Permit applications shall be promptly considered and granted or denied by him or her in accordance with the regulations prescribed herein. Variance applications shall be forthwith transmitted by the Zoning Administrator for action by the Board hereinafter provided for.
(L) Board of Adjustment.
(1) Establishment. The Board of Appeals, City of Forest Lake, shall serve as the Board of Adjustment for the Forest Lake Airport Zoning Ordinance.
(2) Powers. The Board of Adjustment shall have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this section.
(b) To hear and decide special exceptions to the terms of this section upon which such Board of Adjustment under such regulations may be required to pass.
(c) To hear and decide specific variances.
(3) Procedures.
(a) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this section. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator and shall be a public record.
(b) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this section.
(c) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this section, or to effect any variation in this section.
(M) Appeals.
(1) Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this section may appeal to the Board of Adjustment. Such appeals may also be made by any governing body of a municipality, county, or airport zoning board, which is of the opinion that a decision of the Zoning Administrator is an improper application of this chapter as it concerns such governing body or board.
(2) All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this section who desires to appeal such decision shall submit an application for a variance by certified mail to the members of the Board of Adjustment in the manner set forth in M.S. § 360.068, Subd. 2, as it may be amended from time to time.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown.
(4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(5) The Board of Adjustment may, in conformity with the provisions of this section, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determine appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances, and to that end shall have all the powers of the Zoning Administrator.
(N) Judicial review. Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county, or airport zoning board, which is of the opinion that a decision of the Board of Adjustment is illegal may present to the District Court of Washington County a verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies provided in this section before availing him or herself of the right to petition a court as provided by this section.
(O) Penalties. Every person who shall construct, establish, substantially change, alter or repair any existing structure or use, or permit the growth of any tree without having complied with the provision of this chapter or who, having been granted a permit or variance under the provisions of this section, shall construct, establish, substantially change or substantially alter or repair any existing growth or structure or permit the growth of any tree, except as permitted by such permit or variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days or by both. Each day a violation continues to exist shall constitute a separate offense. The Airport Zoning Administrator may enforce all provisions of this section through such proceedings for injunctive relief and other relief as may be proper under the laws of M.S. § 360.073, as it may be amended from time to time, and other applicable law.
(P) Conflicts. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation shall govern and prevail.
(Q) Severability.
(1) In any case in which the provision of this section, although generally reasonable, is held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this state or the Constitution of the United States, such holding shall not affect the application of this section as to other structures and parcels of land, and to this end the provisions of this section are declared to be severable.
(2) Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter passed and adopted after public hearing by the Forest Lake Airport Joint Airport Zoning Board this 20 day of November, 2002.
(Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)