(a)

Management standards. Shorelands management standards are adopted in accordance with the authority granted in M.S.A. 1973, Ch. 379, and in furtherance of the policies declared in M.S.A. 1974, Chapters 105, 115, 116, and 462. The public waters of the city are "limited" to the Rainy River, which is classified as "General Development" by the Department of Natural Resources.

(1)

Lot size. Lots not served by a public sewer shall be at least 20,000 square feet (approximately one-half acre), in area and at least 100 feet in width at the building line and at the ordinary high water mark (for lots abutting a public water, shall be at least 15,000 square feet in area and at least 75 feet in width at the building line and at the ordinary high water mark. All other lots served by a public sewer shall be at least 10,000 square feet in area and at least 75 feet in width at the building line.

(2)

Setbacks.

a.

The minimum setbacks from public waters shall apply to all structures at least 75 feet from the ordinary high water mark for lots not served by public sewer and at least 50 feet from the ordinary high water mark for lots served by public water.

b.

No structure shall be erected in the floodway of a river or stream as defined in M.S.A. 1974, § 104.02 and every structure shall be located at least three feet from the right-of-way line of any town road, public street, or others not classified.

c.

Proximity to roads and highways-no structure shall be placed nearer than 50 feet from the right-of-way line of any Federal, State or County trunk highway; or 20 feet from the right-of-way line of any town road, public street, or others not classified.

d.

Septic tank and soil absorption systems shall be set back from the ordinary high water mark at least 50 feet and be located at least three feet above the highest known ground water level or bedrock in accordance with WPC 40.

e.

The total area of all impervious surfaces on a lot shall not exceed 30 percent of the total lot area.

EXCEPTIONS:

1.

Boathouses may be located landward of the ordinary high water mark as a conditional use provided they are not used for habitation and they do not contain sanitary facilities.

2.

Location of piers and docks shall be controlled by applicable State and local regulations.

3.

Where development exists on both sides of a proposed building site, structural setbacks may be altered to take setbacks of existing structures into account.

4.

Commercial, industrial, or permitted open space uses requiring location adjoining public waters may be allowed as conditional uses closer to such waters than the setbacks specified in NR 83(c) (2).

f.

Public sewage disposal and commercial, agricultural, solid waste and industrial waste disposal shall be subject to the standards, criteria, rules and regulations of the Minnesota Pollution Control Agency.

(b)

Land use zoning district designation.

(1)

The land use zoning districts established shall be based on considerations of: Preservation of natural areas; present ownership and development of shoreland areas; shoreland soil types and their engineering capabilities; topographic characteristics; vegetative cover; municipal socio-economic development needs, and plans as they involve water and related land resources; the land requirements of industry which, by its nature, requires location in shoreland areas; and the necessity to preserve and restore certain areas having significant historical or ecological value.

(2)

Development of shorelands shall be controlled by means of zoning district requirements. Zoning chapter regulations shall remain in effect for the control of land use management, except that shorelands management standards shall control all development within 300 feet of the normal high water mark of all rivers and streams. Shorelands of the city are hereby designated as a shoreland overlay district.

(c)

Shoreland alterations.

(1)

The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions:

a.

Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water.

b.

Clear cutting of natural vegetation shall be prohibited.

c.

Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.

d.

The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation.

(2)

Grading and filling in shoreland areas or any alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water must be authorized by a conditional use permit. The permit may be granted subject to the conditions that:

a.

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

b.

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

c.

Methods to prevent erosion and trap sediment are employed; and

d.

Fill is stabilized to accepted engineering standards.

(3)

Excavations on shorelands where the intended purpose is connection to a public water shall require a permit from the zoning administrator before construction is begun. Such permit may be obtained only after the commissioner of natural resources has issued a permit for work in the beds of public waters.

(d)

Shorelands management administration.

(1)

The city shall provide for the administration and enforcement of the Shorelands Management Standards pursuant to M.S.A. 1974, § 462.362. Preparation of this section has been aided by Minnesota Reg. No. 82, 1976, Department of Natural Resources. All buildings, variances and appeals, conditional use permits and amendments shall following the regulations set forth in the zoning chapter.

(2)

Shoreland management areas are identified on the International Falls Zoning Map, which is a part of this chapter.

(3)

Subdivision regulations shall also be in effect for all shoreland management areas.

(4)

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under this section shall be received by the commissioner of natural resources at least ten days prior to such hearings.

(5)

A copy of amendments and final decisions granting variances or conditional uses under this section shall be received by the commissioner of natural resources within ten days of final action or amendment.

(Ord. No. 9.26, eff. 12-15-79)