Grand Rapids City Zoning Code

1. Statutory authorization. These shoreland management rules have been adopted pursuant to the authorization and policies contained in Minn. Stat. ch. 103F, Minnesota Regulations, Parts 6120.2500—6120.3900, and the planning and zoning enabling legislation in Minn. Stat. ch. 462.
2. 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 state legislature has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.
3. The provisions of this division shall apply to the shorelands of the public water bodies as classified in section 30-802. Pursuant to state regulations, parts 6120.2500—6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this division.
4. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this division and other applicable regulations.

(Code 1978, § 23.17(A); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in state regulations, part 6120.3300, and the protected waters inventory map for the county. The shoreland area for the waterbodies listed in the following subsections (a)(1) and (a)(2) of this section shall be as defined in section 30-481 and as shown on the official zoning map.
   1. Lakes.
      
      

      Lake Classification	Lake Name	PWI* I.D. Number
      Natural Environment	Lily Lake	31-375
      	Horseshoe Lake	31-376
      	Nagel Lake	31-377
      Recreational Development	McKinney Lake	31-370
      	Crystal Lake	31-372
      	Hale Lake	31-373
      	Forest Lake	31-374
      General Development	Blandin Reservoir	31-533
      	Pokegama Lake	31-532

      ^{*Protected Waters Inventory}
   2. Rivers.
      
      

      River Classification	River Name	Location
      Urban River	Mississippi River	Blandin Dam to the N/S 1/4 section line of Section 27-55-25
      Forested River	Mississippi River	N/S 1/4 section line of Section 27-55-25 to the south line of township 55 north, range 25 west
      Tributary River	Prairie River	All areas of township 55 north, range 25 west under City's zoning jurisdiction

2. Land use district descriptions. The land use districts described in section 30-481 and the delineation of a land use district's boundaries on the official zoning map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives:
   1. General considerations and criteria for all land uses:
      1. Preservation of natural areas;
      2. Present ownership and development of shoreland areas;
      3. Shoreland soil types and their engineering capabilities;
      4. Topographic characteristics;
      5. Vegetative cover;
      6. In-water physical characteristics, values, and constraints;
      7. Recreational use of the surface water;
      8. Road and service center accessibility;
      9. Socioeconomic development needs and plans as they involve water and related land resources;
      10. The land requirements of industry which, by its nature, requires location in shoreland areas; and
      11. The necessity to preserve and restore certain areas having significant historical or ecological value.
   2. Factors and criteria for planned unit developments:
      1. Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
      2. Physical and aesthetic impacts of increased density;
      3. Suitability of lands for the planned unit development approach;
      4. Level of current development in the area; and
      5. Amounts and types of ownership of undeveloped lands.
   3. The land use districts for shoreland areas are described in section 30-481, and shall be properly delineated on the official zoning map for the shorelands of this community. These land use districts are in conformance with the criteria specified in state regulation, part 6120.3200, subp. 3.
   4. Permitted uses. Please refer to Table 1 in section 30-512 for a listing of the types of uses allowed in the shoreland zones. Table 1 identifies three types of uses: permitted uses, restricted uses, and conditional uses. Refer to section 30-512 for a description of these types of uses.

(Code 1978, § 23.17(B); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 07-12-12, 12-10-2007)

1. Except as noted elsewhere in this division, land within the shoreland districts is subject to the same site development regulations as nonshoreland areas (see division 7 of this article). For purposes of consistency in this article, the following zones shall be considered equal:
   
   

   SRR	=	RR
   SR-1	=	R-1
   SR-1a	=	R-1a
   SR-2	=	R-2
   SR-3	=	R-3
   SR-4	=	R-4
   SLB	=	LB
   SGB	=	GB
   SMU	=	MU
   SM	=	M
   SRC	=	RC
   SBP	=	BP
   SI-1	=	I-1
   SI-2	=	I-2
   SPU	=	PU

   Wherever the requirements of two or more sections are contradictory, the strictest requirement shall apply.
2. Yard and bulk requirements. Please refer to Tables 17C-1 and 17C-2 in section 30-512 for a listing of the yard and bulk requirements for principle structures (setbacks, lot area, lot width, etc.) that apply to lands located in the shoreland districts.
3. Additional special provisions.
   1. Residential subdivisions with dwelling unit densities exceeding those in the tables referred to in subsection (b) of this section can only be allowed if designed and approved as residential planned unit developments under section 30-809. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Table 17C-1 in division 4 of this article can only be used if publicly owned sewer system service is available to the property.
   2. Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the following standards:
      1. Each building must be set back at least 200 feet from the ordinary high water level;
      2. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;
      3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and
      4. No more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad developments.
   3. One guest cottage may be allowed on riparian lots meeting or exceeding the duplex lot area and width dimensions presented in Table 17C-1 in division 4 of this article provided the following standards are met:
      1. For lots exceeding the minimum lot dimensions of duplex lots, the guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit;
      2. A guest cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and
      3. A guest cottage must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.
   4. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible and must meet or exceed the following standards:
      1. They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.
      2. If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot, keeping the same lot depth, must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:
         TABLE 17C-3 Controlled Access Lot Frontage Requirements
         
         

         Ratio of Lake Size to Shore Length (acres/miles)	Required Increase in Frontage
         Less than 100	25
         100—200	20
         201—300	15
         301—400	10
         Greater than 400	5

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

      Setback From:	Setback (in feet)
      Top of bluff	30
      Unplatted cemetery	50

   6. Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
   7. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
   8. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows in subsection (d) of this section.
4. Design criteria for structures.
   1. High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including the basement, is placed or floodproofed must be determined as follows:
      1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
      2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with state rules governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and
      3. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in subsection (d)(1)a. of this section if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
   2. Water-oriented accessory structures. Each lot may have water-oriented accessory structures not meeting the normal structure setback in section 30-803(b) if the water-oriented accessory structures comply with the following provisions:
      1. The structures or facilities must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet total. Detached decks must not exceed eight feet above grade at any point;
      2. The setback of the structure or facility from the ordinary high water level must be at least ten feet;
      3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
      4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
      5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and
      6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
   3. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
      1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
      2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments;
      3. Canopies or roofs are not allowed on stairways, lifts, 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, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and
      6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections (d)(3)a.—e. of this section are complied with in addition to the requirements of state regulations, chapter 1340 (Handicap Accessibility Code).
   4. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.
   5. Steep slopes. The zoning administrator must 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 must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(Code 1978, § 23.17(C); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 12-06-07, Exh. G, 6-11-2012)

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

1. Vegetation alterations.
   1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas stated in this section are exempt from the vegetation alteration standards stated in this section.
   2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in section 30-807(b), (c) respectfully, is allowed subject to the following standards:
      1. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
      2. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
         1. No more than one-third of the existing trees and brush and shrubs may be removed. Trees and brush and shrubs shall be considered separately in complying with this provision;
         2. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
         3. Along rivers, existing shading of water surfaces is preserved; and
         4. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
   3. Use of fertilizer and pesticides in the shoreland management district must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
2. Topographic alterations/grading and filling.
   1. 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 subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
   2. Public roads and parking areas are regulated by section 30-805.
   3. Notwithstanding subsections (2)a. and b. of this section, a grading and filling permit will be required for:
      1. The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
      2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
   4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:
      1. Grading or filling in any wetland shall require a permit pursuant to the Wetland Conservation Act;
      2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;
      3. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
      4. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
      5. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the county soil and water conservation district and the United States Soil Conservation Service;
      6. Fill or excavated material must 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 must not create finished slopes of 30 percent or greater;
      8. Fill or excavated material must not be placed in bluff impact zones;
      9. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245;
      10. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
      11. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
   5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

(Code 1978, § 23.17(D); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
2. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of section 30-804(2) must be met.

(Code 1978, § 23.17(E); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

The following general and specific standards shall apply:

1. General standards:
   1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
   2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
   3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
2. Specific standards. Impervious surface coverage of lots shall not exceed the standards outlined in subsection (3) of this section.
3. Permitted impervious surface coverage. Except as permitted below, the impervious surface coverage of lots within shoreland areas shall not exceed those spelled out in Table 17C-2 in section 30-512.
   1. Single-family development within the SR-1, SR-1a and SR-2 zones on legal lots of record that fall below the minimum lot size and width standards may be permitted to cover up to 50 percent of the lot with impervious surfaces. Development on conforming lots within the SR-1, SR-1a and SR-2 zones shall be limited to the provisions of Table 17C-2 in section 30-512.
   2. Development within the SR-3, SLB, SGB, SM, RC, SBP, SI-1, SI-2 and SPU zones will be held to the following restrictions:
      1. An existing site which is being altered, remodeled or expanded without increasing the amount of existing impervious surface will be allowed through the normal plan review process established in section 30-456.
      2. New construction on, or modifications to, an existing site which will result in the expansion of the existing impervious surface coverage up to the standards outlined in Table 17C-2 in division 4 of this article may be allowed through the normal plan review process established in section 30-456 provided that:
         1. All other requirements of this division are met;
         2. The lot is served by municipal water and sewer service; and
         3. The lot shall provide for the collection and treatment of stormwater runoff in compliance with the city's stormwater management plan and shall require review and approval by the city engineer and the county soil and water conservation district.
      3. Where a development/redevelopment project falls under the stormwater collection and treatment provisions of subsection (3)b.2. of this section and the impervious surface coverage of the property on which such a project is located will exceed 75 percent, the proposed stormwater treatment plans shall be submitted to the state department of natural resources division of waters for review at the same time they are presented to the city engineer and the soil and water conservation district for review.
      4. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
      5. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(Code 1978, § 23.17(F); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 12-06-07, Exh. G, 6-11-2012)

Cross reference— Utilities, ch. 70.

1. Standards for commercial, industrial, public, and semipublic uses.
   1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:
      1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this division, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
      2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and
      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:
         1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff;
         2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and
         3. 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.
   2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
2. Agriculture use standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. Use of fertilizer and pesticides in the shoreland management district must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
3. Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to a nonforested use must be conducted consistent with the following standards:
   1. Timber harvesting and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."
   2. Forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards:
      1. Shore and bluff impact zones must not be intensively cleared of vegetation; and
      2. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion.
   3. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation.
4. Extractive use standards.
   1. A conditional use permit is needed for any extractive use within a shoreland district. See section 30-531 for more details on the CUP process and requirements.
   2. Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
5. Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in Minn. Stat. §§ 93.44—93.51, shall be a permitted use provided the provisions of Minn. Stat. §§ 93.44—93.51 are satisfied.

(Code 1978, § 23.17(G); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

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

1. Deck additions. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
   1. The structure existed on the date the structure setbacks were established;
   2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
   3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
   4. The deck is constructed primarily of wood, and is not roofed or screened.
2. PUD provisions. PUD provisions as provided in section 30-809.

(Code 1978, § 23.17(I); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Types permissible. Planned unit developments (PUD's) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in section 30-802 and the official zoning map.
2. Processing of PUD's. Planned unit developments must be processed as per section 30-703.
3. Application. The applicant for a PUD must submit the following documents prior to final action being taken on the application request:
   1. A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two.
   2. A property owner's association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of subsection (f) of this section.
   3. Deed restrictions, covenants, permanent easements or other instruments that:
      1. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUD's; and
      2. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in subsection (f) of this section.
   4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.
   5. Those additional documents as requested by the zoning administrator that are necessary to explain how the PUD will be designed and will function.
4. Site "suitable area" evaluation. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in subsection (e) of this section.
   1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward:
      
      

      Shoreland Tier Dimensions	Unsewered (feet)	Sewered (feet)
      Recreational development lakes	267	267
      Natural environment lakes	400	320
      General development lakes (1st Tier)	200	200
      General development lakes (2 + Tier)	267	200
      All river classes	300	300

   2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.
5. Residential and commercial PUD density evaluation. The procedures for determining the base density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer.
   1. Residential PUD base density evaluation. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analyses in this subsection and the design criteria in subsection (f) of this section.
   2. Commercial PUD base density evaluation. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable spaces.
      1. Select the appropriate floor area ratio from the following table:
         Commercial PUD Floor Area Ratios
         
         

         *Average Unit Floor Area (sq. ft.)	See Note #1 (below)	See Note #2 (below)	See Note #3 (below)
         200	.040	.020	.010
         300	.048	.024	.012
         400	.056	.028	.014
         500	.065	.032	.016
         600	.072	.038	.019
         700	.082	.042	.021
         800	.091	.046	.023
         900	.099	.050	.025
         1,000	.108	.054	.027
         1,100	.116	.058	.029
         1,200	.125	.064	.032
         1,300	.133	.068	.034
         1,400	.142	.072	.036
         1,500	.150	.075	.038

         * For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.
         NOTE #1 Sewered general development lakes; first tier on unsewered general development lakes; and urban river segments.
         NOTE #2 Second and additional tiers on unsewered general development lakes; recreational development lakes.
         NOTE #3 Natural Environment Lakes
      2. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.
      3. Divide the total floor area by tier computed in subsection (e)(2)b. of this section by the average inside living area size determined in subsection (e)(1) of this section. This yields a base number of dwelling units and sites for each tier.
      4. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses in this section and the design criteria in subsection (f) of this section.
   3. Density increase multipliers:
      1. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in section 30-803 are met or exceeded and the design criteria in subsection (f) of this section are satisfied. The allowable density increases in subsection (e)(3)b. of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback.
      2. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments:
         
         

         Density Evaluation Tiers	Maximum Density Increase Within Each Tier
         First	50
         Second	100
         Third	200
         Fourth	200
         Fifth	200

6. PUD design requirements.
   1. Maintenance and administration requirements. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.
   2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
      1. Commercial uses prohibited (for residential PUD's);
      2. Vegetation and topographic alterations other than routine maintenance prohibited;
      3. Construction of additional buildings or storage of vehicles and other materials prohibited; and
      4. Uncontrolled beaching of watercraft prohibited.
   3. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features:
      1. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers;
      2. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites;
      3. Assessments must be adjustable to accommodate changing conditions; and
      4. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
   4. Open space requirements. Planned unit developments must contain open space meeting all of the following criteria:
      1. At least 50 percent of the total project area must be preserved as open space;
      2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space;
      3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;
      4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;
      5. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems;
      6. Open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities;
      7. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and
      8. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUD's, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUD's, at least 50 percent of the shore impact zone must be preserved in its natural state.
   5. Erosion control and stormwater management. Erosion control and stormwater management plans must be developed and the PUD must be:
      1. Designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and
      2. Designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except for commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with section 30-804.
   6. Centralization and design of facilities. Centralization and design of facilities and structures must be done according to the following standards:
      1. Planned unit developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the state department of health and section 30-803 and section 30-560. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system;
      2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with subsection (e)(3) of this section for developments with density increases;
      3. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;
      4. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided;
      5. Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized; and
      6. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in section 30-803 and are centralized.
7. Conversions. Other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met:
   1. Proposed conversions must be initially evaluated using the same procedures for residential planned unit developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified.
   2. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.
   3. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:
      1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;
      2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and
      3. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.
   4. Existing dwelling unit or dwelling site densities that exceed standards in section 30-809(e) may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Code 1978, § 23.17(J); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)