This article is adopted for the purposes of:

   A.    Providing the means for greater creativity and flexibility in environmental design than is proposed under the strict application of this title while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the city and its inhabitants.

   B.    Recognizing the economic and cultural advantages that will accrue to the residents of a planned community.

   C.    Encouraging a more creative and efficient approach to the use of the land.

   D.    Encouraging the preservation and enhancement of desirable site characteristics and open space.

   E.    Encouraging a development pattern in harmony with land use density, transportation facilities and community facilities, and objectives of the comprehensive plan. (Ord. 1098, 11-8-2004)

The provisions of this article shall be interpreted in accordance with the following:

   A.    Planned unit developments may be excluded from certain requirements of this title when specifically approved as a part of the planned unit development. Such exclusions shall only be granted for the purpose of creating better overall design and an improved living environment and not solely for the economic advantage of the developer. All provisions of this title not specifically excluded in the preliminary and/or final plan shall apply to the planned unit development.

   B.    In most cases, the granting of a planned unit development permit does not alter in any manner the underlying zoning district classification, except that building permits shall not be issued which are not in conformity with the approved planned unit development. In those cases where a specific planned unit development ordinance is adopted for a development (in contrast to those cases in which adoption of an ordinance simply effects a rezoning of the development site to a planned unit development district), the granting of a planned unit development permit to that development shall confer upon its planned unit development ordinance precedence over this title.

   C.    Whenever a dispute arises concerning the interpretation and/or application of any section of this title, the matter may be referred to the board of adjustments and appeals for hearing pursuant to section 10-3-7 of this title. (Ord. 1098, 11-8-2004)

The design of a planned unit development shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned unit development shall be so designed to minimize undesirable impact of the development on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the planned unit development. (Ord. 1098, 11-8-2004)

The minimum total area required for a planned unit development shall be ten (10) acres of contiguous land. Tracts of less than ten (10) acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because a planned unit development is in the public interest and that one or both 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 be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.

   B.    The property is adjacent to or across the street from property which has been developed under the provisions of this article and will contribute to the amenities of the neighborhood. (Ord. 1098, 11-8-2004)

   A.    Residential Districts: In residential districts, the total ground area occupied by buildings in a planned unit development shall not exceed twenty percent (20%) of the net land area, excluding public streets and permanent water areas.

   B.    Nonresidential Districts: In nonresidential districts, the total ground area occupied by buildings in a planned unit development shall not exceed thirty percent (30%) of the net land area, excluding public streets and permanent water areas. (Ord. 1098, 11-8-2004)

A planned unit development 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:

   A.    The area standards of the underlying zoning district in which the proposed development is to be located; or

   B.    The density specified by the city council consistent with the intent of the city comprehensive plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the regulations otherwise applicable to the site; however, the applicant has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The council, 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. (Ord. 1098, 11-8-2004)

Notwithstanding other provisions of this article, every lot in a planned unit development abutting the perimeter of the development shall conform to the yard requirements for the underlying district. Side yards between buildings in a planned unit development shall be not less than twenty feet (20') or the height of the building in nonresidential developments, whichever is greater, but such buildings may be constructed without reference to the property lines of the individual lots on which they are built. (Ord. 1098, 11-8-2004)

   A.    A primary function of this article is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order 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 including, but not limited to, the following:

      1.    The amount and location of private common open space area shall be consistent with the stated purpose of this article and in no case shall be less than fifteen percent (15%) of the total project area. The residential portion of the project area shall further conform to the mandatory public park, playground and open space area dedication requirements of section 11-4-5 of this code.

      2.    All open space shall be labeled as such and as to its intent or designed functions.

   B.    In the event certain land areas or structures are provided within the planned unit development for recreational use or as service facilities, the owner of such land and buildings shall file a suitable agreement with the city that assures the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending which is more appropriate:

      1.    Landlord control.

      2.    Homeowners' association, provided all of the following conditions are met:

         a.    The homeowners' association must be established prior to any sale.

         b.    Membership must be mandatory for each owner and any successive buyer.

         c.    The open space restrictions must be permanent, not for a given period of years.

         d.    The association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities.

         e.    Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Minnesota statutes.

         f.    The association must be able to adjust the assessment to meet changing needs. (Ord. 1098, 11-8-2004)

Uses approved and permitted under a planned unit development shall only include permitted, conditional and accessory uses allowed in residential districts in the city and those business, industry and institutional uses specifically approved as a part of the planned unit development and in accordance with standards herein provided. (Ord. 1098, 11-8-2004)

   A.    Generally: Planned unit developments shall be proposed and approved in accordance with this section.

   B.    Preliminary Discussion: Prior to filing a petition, any person may request a meeting with the planning commission to discuss the feasibility of a planned unit development. Such request shall be made by addressing a letter to the city planning commission where, upon said request, shall be heard at a subsequent planning commission meeting.

   C.    Petition: The petition for a planned unit development shall be on a form provided by the city and shall include all of the following information:

      1.    Signature(s) of owner(s) and developer(s).

      2.    All data normally required by the city for a rezoning and preliminary plat petition.

      3.    All information and plans comprising a "preliminary development plan", as defined in subsection 10-13A-11A of this article.

   D.    Preliminary Development Plan Approval: The petition for a preliminary development plan of a planned unit development shall be processed by the city in the same manner in which rezoning petitions are processed as described in section 10-3-5 of this title.

   E.    Development Agreements: As a condition to approval of a preliminary development plan, the city may require the owner and developer of a proposed planned unit development to execute an agreement which may include, but not be limited to, all information required in the preliminary development plan as provided in subsection 10-13A-11A of this article.

   F.    Fees: The fee for a planned unit development shall be the same as the fee charged for a rezoning and preliminary plat when the latter is also included.

   G.    Performance Bond:

      1.    The owner and/or developer of a proposed planned unit development shall furnish a letter of credit in a sum equal to one hundred twenty five percent (125%) of the city director of public works cost estimate for the required improvements to be furnished or installed by the owner and/or developer, including, but not limited to, street surfacing, curbs, gutters, sanitary sewer and water service and storm sewers. The letter of credit shall be approved by the city attorney prior to its acceptance.

      2.    A certified check shall be submitted by the owner and/or developer for the estimated inspection costs of the required improvements to be furnished or installed by said owner and/or developer. Said check shall be submitted at the time of the submission of the letter of credit.

   H.    Variances: Variances granted as a part of a planned unit development shall not be subject to this title. Said variances shall be permitted as a part of the overall approval of the planned unit development, provided said variance from provisions of this title are so stated in the planned unit development agreement.

   I.    Effect Of Approval Of Preliminary Development Plan: Upon approval of a preliminary development plan, a planned unit development may not be altered, revised or withdrawn without the approval of the city council.

   J.    Final Development Plan Approval:

      1.    The "final development plan", as defined in subsection 10-13A-11B of this article, shall be submitted for final development plan approval within one year after city council approval of the preliminary development plan unless a written request for an extension is submitted by the applicant. If application for final approval or a request for extension is not received within one year, the preliminary development plan will be considered abandoned, and a new petition for a preliminary development plan must be submitted following the preliminary development plan procedure. In addition to a request for extension, the applicant may request in writing that final development plan approval take place in phases coinciding with the progression of staged development.

      2.    The final development plan shall be reviewed and recommendations made by the planning commission within ninety (90) days after filing of the application for final development plan approval. The city council shall make the final determination on approval of the final development plan. Public hearing shall not be required, provided the final development plan is in substantial conformance with the preliminary development plan. Any major change as determined by the city council shall require a public hearing.

   K.    Zoning Map: All approved final development plans shall be so designated on the city zoning map, as it is revised from time to time. The map shall refer by number or other means to an approved final development plan of a planned unit development on file with the city. Said plans shall be available for the general public to review.

 

(Ord. 1098, 11-8-2004)

   A.    Preliminary Development Plan: The preliminary plan of a planned unit development shall include the following information:

      1.    All information required in the subdivision ordinance for a preliminary plat 1 .

      2.    A general development plan indicating:

         a.    The proposed site and existing development and adjacent properties.

         b.    The proposed use of all areas of the site.

         c.    The proposed density, type, size and location of all dwelling units.

         d.    The general size, location and use of proposed business, industrial or institutional buildings.

         e.    Public streets, entrance and exit drives, and walkway locations.

         f.    Parking areas and stall arrangement.

         g.    Landscaping.

         h.    Park and open space lands.

         i.    Dimensions.

         j.    Proposed drainage and utility systems.

      3.    A summary sheet indicating:

         a.    Area of land in each use or each separate intensity of use.

         b.    Number of residential dwelling units proposed in each area.

         c.    Number of acres of common open space.

         d.    Modifications of any provisions of this title.

      4.    A staging plan indicating the geographical sequence and timing of development of the plan or portions thereof, including the date of beginning and completion of each stage. The staging plan shall also include the number of dwelling units, commercial structures, public streets, utilities and recreation areas.

      5.    A detailed plan of first phase development indicating buildings, parking areas, driveways and similar detail on the site plan and including architectural elevation drawings of all buildings.

      6.    A preliminary plat may be required by the city for those areas where development is imminent, and a sketch plan shall be required for the remaining areas.

      7.    A written statement by the applicant stating how the proposed planned unit development conforms to the stated objectives and purposes of this article and why the proposal would be in the public interest.

   B.    Final Development Plan: The final development plan for a planned unit development shall be accompanied by a legal description of the total property, together with copies of the following:

      1.    A final plat adopted in accordance with the requirements of title 11 of this code, except as otherwise specifically provided in this article.

      2.    A final site plan showing the locations of all structures, including placement, size and type, as well as streets, parking areas, walkways, open space and similar detail areas on a scaled and dimensional drawing.

      3.    A landscape plan showing the location, species and size of all plant materials. Landscape information shall be located on the grading map.

      4.    A utility plan showing the location and size of all utilities and easements. The utility plan shall include sanitary sewer, water, storm sewer and drainage, electrical and gas.

      5.    Building plans shall be submitted in sufficient detail to warrant issuance of a building permit. Scaled architectural drawings of the exterior of all buildings shall be submitted in sufficient detail to allow the city to review said plans for the impact they will have upon adjoining properties and the general area in which the buildings are located.

      6.    Deed restrictions, covenants, agreements, bylaws or proposed homeowners' association or other documents or contracts controlling the use or maintenance of property. Where such information is lacking, the council may require a bond or similar guarantee to ensure that areas held in common by persons residing in the development will be developed and maintained.

      7.    Proposed zoning changes or variances with legal descriptions of any district boundary changes.

      8.    A final staging plan indicating the geographical sequence and timing of development of the plan or portions thereof, including the date of beginning and completion of each stage.

      9.    Any other information necessary to fully represent the intentions of the preliminary plan. (Ord. 1098, 11-8-2004)

The planning commission may recommend and the council may act to approve, approve with conditions, or deny a preliminary or final plan for a planned unit development. The planning commission, in making a recommendation, and the council, in acting upon a plan, shall consider the following factors:

   A.    The consistency of the proposed planned unit development with the adopted or proposed comprehensive plan of the city.

   B.    The extent to which the proposed planned unit development 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.

   C.    The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area.

   D.    That any exceptions to this article are justified by the design or the development.

   E.    The sufficiency of each planned unit development phase's size, composition, and arrangement in order that its construction, and operation is feasible without dependence upon any subsequent phase.

   F.    The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities.

   G.    The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property. (Ord. 1098, 11-8-2004)

   A.    Except as provided in section 10-13A-14 of this article, no building permit shall be issued for any building on land for which a plan for a planned unit development has been approved which does not conform to the approved final plan. No grading, development or construction on the site may occur unless it conforms with the approved final development plan.

   B.    Except as provided in section 10-13A-14 of this article, development of land for which a planned unit development has been approved which does not conform to the approved final plan shall only be allowed after one of the following:

      1.    Amendment to the approved final plan of the planned unit development by the city council in the same manner as required for approval of a planned unit development.

      2.    Vacation of the approved planned unit development by the city council after notice and public hearing in the same manner as required for approval of the planned unit development. The council may further condition the vacation of a planned unit development in order to better protect the public health, safety and welfare. (Ord. 1098, 11-8-2004)

Upon expiration of the specific time period, if any, approved by the city for total development of a planned unit development, the subject area shall become a permanent planned unit development district, and the conditions, provisions and restrictions of the final development plan shall continue to govern the use of the land. Provided, nevertheless, that if a planned unit development is not completed within the required time period, the planned unit development district classification shall automatically terminate as to that portion of the district which has not been developed. The requirements and provisions of the underlying zoning classification in its entirety shall thereafter apply to the undeveloped area. Any factual disputes arising under this section shall be presented to and determined by a majority vote of the city council. (Ord. 1098, 11-8-2004)

This article is adopted pursuant to the authorization contained in Minnesota statutes chapter 103F, Minnesota regulations parts 6120.2500 to 6120.3900, and the planning and zoning enabling legislation in Minnesota statutes chapter 462. (Ord. 1098, 11-8-2004)

The uncontrolled use of shorelands of the city affects 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 public health, safety and welfare to provide for the wise 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 shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for wise use of waters and related land resources. This responsibility is hereby recognized by the city. (Ord. 1098, 11-8-2004)

The provisions of this article shall apply to the shorelands of the public water bodies as classified in section 10-13B-7 of this article. (Ord. 1098, 11-8-2004)

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 article and other applicable regulations. (Ord. 1098, 11-8-2004)

   A.    Minimum Requirements: In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

   B.    Abrogation And Greater Restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

   C.    Measuring Distance: For the purpose of this article, all distances, unless otherwise specified, shall be measured horizontally. (Ord. 1098, 11-8-2004)

   A.    Administration And Enforcement Official: The zoning administrator shall be responsible for the administration and enforcement of this article.

   B.    Permit Requirements:

      1.    Permit Required: A permit is required for the construction of buildings or building additions (and including such related activities as construction of fences, decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by subsection 10-13B-9I of this article.

      2.    Application For Permit: Application for a permit shall be made to the city on the forms provided. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued.

      3.    Conditions: Any permit that is issued as described in this subsection shall stipulate that an identified nonconforming sewage treatment system, as defined by section 10-13B-16 of this article, shall be reconstructed or replaced in accordance with the provisions of this article.

   C.    Zoning Compliance: Zoning compliance by the city shall be required for each activity requiring a permit as specified in subsection B of this section. This will specify that the use of land conforms to the requirements of this article. Any use, arrangement, or construction that varies from what has been authorized by permit shall be deemed a violation of this article and shall be punishable as provided by subsection F of this section. This subsection shall be satisfied by planning approval of permits as they are processed by the city.

   D.    Variances:

      1.    Variances may be granted only in accordance with Minnesota statutes chapter 462. A variance shall not circumvent the general purposes and intent of this article. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council will also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

      2.    The city shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with the rules that the city has adopted for consideration of variances in section 10-3-4 of this title. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection E of this section shall also include the summary of the public record/testimony and the findings of fact and conclusions, which supported the issuance of the variance.

      3.    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. All variances granted shall require reconstruction of a nonconforming sewage treatment system.

   E.    Notice To Department Of Natural Resources:

      1.    Copies of all notices of any public hearings to consider variances, amendments, planned developments, or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten (10) days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof.

      2.    A copy of approved amendments and subdivisions/plats and final decisions granting variances, planned developments, or conditional uses under shoreland management controls must be sent to the DNR or the DNR's designated representative and postmarked within ten (10) days of final action.

   F.    Violations: Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with building permits, shoreland alteration permits, grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this article can occur regardless of whether or not a permit is required for a regulated activity pursuant to subsection B of this section. Each day that a violation of the provisions of this article exists shall constitute a separate misdemeanor. (Ord. 1098, 11-8-2004)

   A.    Shoreland Classification System: The public waters of the city have been classified in this section consistent with criteria found in Minnesota rules part 6120.3300, and the protected waters inventory map for the county. The shoreland area for the water bodies and the Mississippi River listed below shall be as defined and as shown on the official zoning maps of the city.

 

 

 

   B.    Land Use Zoning Districts:

      1.    Purpose: The development of shorelands of public waters shall be controlled by means of land use zoning districts which are designated to be compatible with the classes of public waters to which they apply. Land use zoning districts are established to provide for:

         a.    The management of areas unsuitable for development due to wet soils, steep slopes, flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any other feature likely to be harmful to the health, safety, or welfare of the residents of the city.

         b.    The preservation of areas suitable for residential development from encroachment by commercial and industrial uses.

         c.    The centralization of service facilities for residential areas and enhancement of economic growth for those areas suitable for limited commercial development.

         d.    The management of areas for commercial or industrial uses which, by their nature, require location in shoreland areas.

         e.    The preservation and enhancement of the quality of water based recreational use of public waters including provisions for public accesses.

      2.    Land Use Districts For Lakes And Rivers:

P = Permitted

C = Conditional use

N = Not permitted

 

      3.    Land Use Overlay Districts:

         a.   The land use districts as described in this article shall be overlay districts as shown on the official city zoning map.

         b.   Any use shall be regulated by both the base zone and the shoreland overlay district with the most restrictive regulation required for use, setback, height, site coverage, density and any other applicable regulation or requirement.

         c.   Land use districts in the shoreland area shall be in conformance with the criteria specified in Minnesota rules part 6120.3200, subpart 3.

      4.   Boundaries On Zoning Map: District boundaries for the shoreland overlay districts shall be as shown on the official zoning map of the city.

      5.   Conditional Use Permits: Conditional use permits shall be processed by the city as provided by chapter 3, article A of this title. (Ord. 1098, 11-8-2004)

The following minimum requirements shall apply to all shorelands of the protected waters listed in subsection 10-13B-7A of this article. Where the requirements of the underlying zoning district, as shown on the official zoning map, are more restrictive than those set forth herein, then the more restrictive standards shall apply.

   A.   Unsewered Areas (Single-Family Residential Only):

   B.    Sewered Areas In Natural Environmental Waters (Single-Family Residential Only): All provisions for unsewered areas shall apply except for the following, which shall supersede the provisions applied to unsewered areas:

 

 

   D.    General Development Waters And Urban Rivers: All provisions for unsewered areas shall apply except for the following, which shall supersede the provisions applied for unsewered areas:

   E.    Lot Area And Width Requirements:

      1.   The minimum lot area (in square feet) and minimum lot width requirements (in linear feet) for residential lots created after the effective date hereof for the lake and river classifications are as set forth in this section.

      2.   Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. (Ord. 1098, 11-8-2004)

The following general provisions shall be required in the shoreland overlay districts:

   A.   Lots For Controlled Access: Lots used for controlled access to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards:

      1.    Lots shall meet the minimum width and area requirements for residential lots, and be suitable for the intended uses of controlled access lots;

      2.   If docking, mooring, or over water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by twenty five percent (25%) in lot frontage for each watercraft beyond six (6);

      3.   Lots must be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and

      4.   Covenants or other equally effective legal instruments shall be developed that specifically state 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 shall 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 of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants shall 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 shall require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They shall 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.

   B.   Placement Of Structure On Lots: 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 required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone.

   C.   Floodplain Regulations:

      1.   Structures shall be located in accordance with the city floodplain regulations, article D of this chapter, that are applicable to the site.

      2.   Water oriented accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in this article if the structure is constructed of flood resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind driven waves and debris.

   D.   Water Oriented Accessory Structures: On general development and recreation development lakes and urban and transitional rivers, each residence may have one water oriented accessory structure not meeting the normal structure setback in section 10-13B-8 of this article if this water oriented accessory structure complies with the following provisions:

      1.   The accessory use shall not be a boathouse, fish house, or pump house which are prohibited uses in all shoreland zoning districts; and

      2.   The structure or facility shall not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than one hundred fifty (150) square feet. Detached decks shall not exceed eight feet (8') above grade at any point; and

`      3.   The setback of the structure or facility from the ordinary high water level shall be at least ten feet (10') except for a boat lift; and4. The structure or facility shall 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; and5. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities.

   E.   Stairways, Lifts, Landings And Docks: 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 shall meet the following design requirements:

      1.   Stairways and lifts shall not exceed four feet (4') in width. Wider stairways may be used for public open space recreational properties;

      2.   Landings for stairways, landings at the bottom of stairways and lifts on residential lots shall not exceed thirty two (32) square feet in area. Landings larger than thirty two (32) square feet may be used for public open space recreational properties;

      3.   Canopies or roofs shall not be permitted 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 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;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 E1 to E5 of this section are complied with in addition to the requirements of Minnesota regulations chapter 1340; and7. Docks that exceed five feet (5') in width require a shoreland building permit.

   F.   Significant Historic Sites: No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site, as determined by the Minnesota Historical Society, has been reviewed and documented in a public repository.

   G.   Steep Slopes: The city 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 soil 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 conditions.

   H.   Height Of Structures: All structures in all shoreland districts shall not exceed thirty five feet (35') in height, except that a conditional use permit may be granted for additional height up to four (4) stories maximum. Said conditional use permit for additional height shall be subject to notice and comment by the DNR before issuance by the city.

      I.   Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.J. Vegetation Alterations:1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 10-13B-10 of this article are exempt from the vegetation alteration standards that follow.

      2.   Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in section 10-13B-14 of this article, is allowed subject to the following standards:

         a.   Clear cutting and intensive vegetation clearing within the shore impact zones and on steep slopes are not permitted. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if a soil erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

         b.   In shore 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, beach and watercraft areas, and permitted water oriented accessory structures of facilities, provided that:

            (1)   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

            (2)   Along rivers, existing shading of water surfaces is preserved; and

            (3)   In the shore impact zone, live trees larger than six inches (6") in diameter shall not be cut, except to provide for water oriented accessory structures or to provide a water viewing corridor not to exceed twenty percent (20%) of the shoreline width of the lot.3. The provisions of this subsection are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (Ord. 1098, 11-8-2004)

   A.   Construction Of Structures, Sewage Systems, Driveways: Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued building 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.

   B.   Roads; Utilities; Parking: Public roads, public utilities and parking areas are regulated by this section.

   C.   Permit Required: Not withstanding subsections A and B of this section, a grading and filling permit shall be required for:

      1.   The movement of more than ten (10) cubic yards of material on steep slopes and within shore impact zones.

      2.   The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore impact zones.

   D.   Considerations And Conditions: The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

      1.   Any filling that occurs in any type 3, 4, or 5 wetland over two and one-half (2.5) acres in area shall require a permit from the DNR;

      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 shall be established as soon as weather conditions allow;

      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 shall be reviewed by the city engineer for continued slope stability and shall not create finished slopes of thirty percent (30%) or greater;

      8.   Fill or excavated material shall not be placed in bluff impact zones;

      9.   Any alterations below the ordinary high water level of public waters shall first be authorized by the DNR under Minnesota statutes section 103G.245;

      10.   Alterations of topography shall be allowed only if they are accessory to construction of public utilities, permitted or conditional uses and do not adversely affect adjacent or nearby properties;

      11.   Placement of natural rock riprap and placement of a filter blanket are permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical (may be increased by DNR permit), the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3'); and

      12.   Excavations and fills shall also be subject to all other provisions of this code related thereto.E. Connection To Public Waters: Excavations, where the intended purpose is a new connection to a public water, such as boat slips, canals, lagoons, and harbors, require a conditional use permit. Permission for excavations may be given only after the DNR has approved the proposed connection to public waters. (Ord. 1098, 11-8-2004)

   A. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated by the city to determine how extensively the proposed activity would affect the following functional qualities of the wetland:

      1.   Sediment and pollutant trapping and retention;

      2.   Storage of surface runoff to prevent or reduce flood damage;

      3.   Fish and wildlife habitat;

      4.   Recreational use;

      5.   Shoreline or bank stabilization; and

      6.   Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or other.

   B.   An evaluation shall also be made to determine whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The person(s) proposing the wetland alteration shall be responsible for this evaluation and compliance with these agency regulations and requirements. (Ord. 1098, 11-8-2004)

   C.   Development, grading and filling shall comply with the provisions of the Minnesota wetland conservation act of 1991, Minnesota statutes section 103G.221 et seq. (Ord. 1098, 11-8-2004; amd. 2008 Code)

   A.   Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided to the city engineer 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.

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

   C.   Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones, provided the vegetation screening and erosion control conditions of this section are met. For private facilities, the grading and filling provisions of section 10-13B-10 of this article shall be met. (Ord. 1098, 11-8-2004)

The following general and specific storm water management standards shall apply:

   A.   General Standards:

      1.   When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water 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 and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible, and facilities or methods must be used to retain sediment on the site.

      3.   When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds shall be required. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. Settling basins to intercept urban runoff shall be sized to a minimum of a 10-year storm design.

   B.   Specific Standards:

      1.   Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot. This may be increased, provided the city has approved and implemented a storm water management plan affecting the subject site and a conditional use permit permitting an increase has been granted.

      2.   When constructed facilities are used for storm water 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.3. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (Ord. 1098, 11-8-2004)

   A.   Water Oriented Uses And Public Or Semipublic Uses: Surface water oriented uses and public or semipublic uses, where permitted by this article, that have need for 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 article, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;

      2.   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 the city;

      3.   Outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights;

      4.   Commercial uses such as boat rides, on board vendors or similar uses are strictly prohibited; and5. 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.B. Uses Without Water Oriented Needs: Uses without water oriented needs shall be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, shall 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.

   C.   Agricultural Use Standards:

      1.   In all lake and river shoreland areas, 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 managed under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of 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 fifty feet (50') from the ordinary high water level.

      2.   Animal feedlot operations shall be prohibited.

   D.   Forest Management Standards: The harvesting of timber and associated reforestation shall 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".

   E.   Extractive Use Standards:

      1.   Site Development And Restoration Plan: An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It shall also identify actions to be taken during operation to mitigate adverse environmental impact, particularly erosion, and shall clearly explain how and when the site will be rehabilitated after extractive activities end.

      2.   Setbacks For Processing Machinery: Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.F. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and peat, as defined in Minnesota statutes section 93.44 to 93.51, shall be a permitted use, provided the provisions of Minnesota statutes sections 93.44 to 93.51 are satisfied. (Ord. 1098, 11-8-2004)

Conditional uses allowable within the shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established by the city in chapter 3, article A of this title. The following additional evaluation criteria and conditions shall apply within shoreland areas:

   A.   Evaluation Criteria: A thorough evaluation of the water body and the topographic, vegetation and soil conditions on the site must be made to ensure:

      1.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

      2.   The visibility of structures and other facilities as viewed from the public waters is limited;

      3.   That the site is adequate for water supply and on site sewage treatment, and public utilities shall be utilized where they are available; and

      4.   The types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

   B.   Conditions Attached To Conditional Use Permits: The planning commission and city council, upon consideration of the criteria listed in subsection A of this section and the purpose of this article, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purpose of this article. Such conditions may include, but are not limited to, the following:

      1.   Increased setbacks from the ordinary high water level;

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

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

   C.   Approval Required: All conditional use permits and attached conditions require approval of the city council as required in chapter 3, article A of this title. (Ord. 1098, 11-8-2004)

   A.   Water Supply: Any public or private supply of water for domestic purposes shall meet or exceed standards for water quality of the Minnesota department of health, Dakota County and the Minnesota pollution control agency.

   B.   Sewage Treatment:

      1.   All private sewage treatment systems shall meet or exceed the Minnesota pollution control agency standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by the city by reference and declared to be a part of this article.

      2.   Connections shall be made to public systems where available.

      3.   On site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in section 10-13B-8 of this article.

      4.   All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the following criteria. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on site field investigations. Evaluation criteria is as follows:

         a.   Depth to the highest known or calculated ground water table or bedrock;

         b.   Soil conditions, properties, and permeability;

         c.   Slope; and

         d.   The existence of lowlands, local surface depressions, and rock outcrops.

      5.   Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with this section and the following:

         a.   A sewage treatment system not meeting the requirements of subsection B1 of this section must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this subsection B5a, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (Ord. 1098, 11-8-2004)

         b.   The city will require upgrading or replacement of any nonconforming system identified by this program within two (2) years. Sewage systems installed according to applicable local shoreland management standards adopted under Minnesota statutes section 103F.221, in effect at the time of installation, may be considered unless they are determined to be failing. Systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota pollution control agency's chapter 7080 for design of on site sewage treatment systems shall be considered nonconforming. (Ord. 1098, 11-8-2004; amd. 2008 Code)

   A.   Land Suitability: Each lot created through subdivision, including planned unit developments, must be suitable in its natural state for the proposed use, with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations and severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

   B.   Consistency With Other Controls: Subdivisions must conform to all official controls of the city. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with this code can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of section 10-13B-8 of this article, including at least a minimum contiguous lawn area, that is free of limiting factors, sufficient for the construction of two (2) standard soil treatment systems where private sewage systems are permitted. Lots that would require use of holding tanks must not be approved. (Ord. 1098, 11-8-2004)

   A.   Types Of Planned Developments Permitted: Planned developments (PDs) are permitted 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 permitted are identified in the land use district descriptions in sections 10-6-1 and 10-6-2 of this title and on the official zoning map of the city.

   B.   Planned Development Zoning: Planned developments shall require a planned development (PD) zoning of the property and shall be processed in accordance with the provisions of article A of this chapter.

   C.   Application For Planned Development:

      1.   Planned developments shall only be permitted when they meet the provisions of article A of this chapter for a planned development district.

      2.   Planned developments shall be processed in accordance with the administrative provisions of section 10-13B-6 of this article, and the planned development provisions of article A of this chapter.

      3.   The city must require additional information and documentation to aid in the processing of planned developments in a shoreland zone. This may include, but is not limited to: surface water features, existing and proposed vegetative detail, deed restrictions, covenants, owners' association bylaws, details of water oriented uses, long term plans for preservation and maintenance of open space at two foot (2') interval contours, and similar information.

   D.   Public Utilities: Public utilities including municipal sanitary sewer and water shall be available and be required for any planned development (PD) in the city.

   E.   Site Suitable Area Evaluation: Proposed new or expansions to existing planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in planned development areas:

      1.   Shoreland Tier Dimensions: The project parcel shall 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

 

      2.   Suitable Area Calculation: The suitable area within each tier is 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.

   F.   Residential And Commercial PD Density Evaluation: The procedures for determining the base density of a PD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer.

      1.   For residential PD base density evaluation, the suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned developments are then compared with the tier, density, and suitability analyses herein and the design criteria in subsection G of this section.

      2.   For commercial PD 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 shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space.

      3.   Select the appropriate floor area ratio from the following table:

   COMMERCIAL PLANNED UNIT DEVELOPMENT FLOOR AREA RATIOS PUBLIC WATER CLASSES

      4.   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.

      5.   Divide the total floor area by tier, computed in subsection F4 of this section, by the average inside living area size determined in subsection F1 of this section. This yields a base number of dwelling units and sites for each tier.

      6.   Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria in subsection G of this section.

      7.   a.   Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in section 10-13B-8 of this article are met or exceeded and the design criteria in subsection G of this section are satisfied. The allowable density increases in subsection F7b of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback, or an impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city, and the setback is at least twenty five percent (25%) greater than the minimum setback.

         b.   Dwelling unit or dwelling site density increases for residential or commercial planned unit developments are allowed as follows:

 

   G.   Maintenance And Design Criteria:

      1.   General Requirements: Before final approval of a planned development, adequate provisions shall 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 shall be provided to ensure long term preservation and maintenance of open space. The instruments shall include all of the following protections:

         a.   Commercial uses prohibited (for residential PDs).

         b.   Vegetation and topographic alterations shall be prohibited except by routine maintenance.

         c.   Construction of additional buildings or storage of vehicles and other materials shall be prohibited.

         d.   Uncontrolled beaching of watercraft shall be prohibited.

      3.   Development Organization And Functioning: Unless an equally effective alternative community framework is established, when applicable, all residential planned developments shall use an owners' association with the following features:

         a.   Membership shall be mandatory for each dwelling unit or site purchasers and any successive purchasers;

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

         c.   Assessments shall be adjustable to accommodate changing conditions; and

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

   H.   Open Space Requirements: Planned developments shall contain open space meeting all of the following criteria:

      1.   At least fifty percent (50%) of the total project area shall 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 shall 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 shall not include commercial facilities or uses, but may contain water oriented accessory structures or facilities;

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

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

   I.   Erosion Control And Storm Water Management: Erosion control and storm water management plans shall be developed, and the PD shall:

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

      2.   Be designed and constructed to effectively manage, reasonably, quantities and qualities of storm water runoff. Impervious surface coverage within any tier shall not exceed twenty five percent (25%) of the tier area, except that for commercial PDs, thirty five percent (35%) impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency with subsection 10-13B-9I of this article.

   J.   Centralization And Design Of Facilities: Centralization and design of facilities and structures shall be done in accordance with the following standards:

      1.   Planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available;

      2.   Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall 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 surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with subsection F7 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, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock or relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. 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 shall 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 shall be preserved, if existing, or may be required to be provided;

      5.   Accessory structures and facilities, except water oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and

      6.   Water oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in subsection 10-13B-9B of this article and are centralized.

   K.   Conversions: The city shall not permit existing land uses and facilities to be converted to residential planned developments.

   L.   Density Increases: Existing dwelling unit or dwelling site densities that exceed standards in subsection F of this section may be allowed to continue but shall not be allowed to be increased. (Ord. 1098, 11-8-2004)

All lawfully established nonconformities as of March 14, 1988, may continue, but shall be administered according to applicable Minnesota state statutes and other regulations of the city for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas:

   A.   Construction On Nonconforming Lots Of Record:

      1.   Lots of record in the office of the county recorder on March 14, 1988, that do not meet the requirements of section 10-13B-8 of this article may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this article are met.

      2.   A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

      3.   If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of section 10-13B-8 of this article, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land each meeting the requirements of said section 10-13B-8 as much as possible.

   B.   Additions/Expansions To Nonconforming Structures:

      1.   All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of section 10-13B-8 of this article. Any deviation from these requirements shall be authorized by a variance pursuant to subsection 10-13B-6D of this article.

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

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

         b.   A thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure;

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

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

   C.   Nonconforming Sewage Treatment Systems: Nonconforming sewage treatment systems shall conform to the provisions of subsection 10-13B-16B of this article.

   D.   Public Utility Connections: No new commercial and/or residential development shall be permitted in any shoreland district where public utilities are available unless the new development is connected to the public utilities. (Ord. 1098, 11-8-2004)

   A.   Findings: The city finds that the Mississippi River corridor is a unique and valuable local, state, regional and national resource. The river is an essential element in the local, regional, state and national transportation, sewer and water and recreational system and serves important biological and ecological functions. The prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural, and historic values is in furtherance of the health, safety and general welfare of the City.

   B.   Statutory Authorization: This Mississippi River Corridor Critical Area (MRCCA) article is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010 through 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.

   C.   Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. (Ord. 1429, 6-13-2022)

   A.   Jurisdiction: The provisions of this article apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map.

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

   C.   Enforcement: The city Zoning Administrator or their duly authorized representative (except where otherwise more specifically stated in this article) is responsible for the administration and enforcement of this article. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with the granting of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this article can occur regardless of whether or not a permit is required for a regulated activity listed in section 10-13C-3C.

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

   E.   Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive.

   F.   Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the same meaning they have in common usage and to give this article its most reasonable application. For the purpose of this article, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. Definitions in this section are unique to Article 10-13C. All other definitions refer to section 10-2-2 of this title.

 

   A.   Purpose: The purpose of this Section is to identify administrative provisions to ensure this article is administered consistent with its purpose.

   B.   Procedure:

      1.   The procedures and enforcement required by this title, the subdivision regulations or other applicable ordinances for rezoning, conditional use permit, variance, platting, street or utility vacations, excavation permit or similar action in the critical area overlay district shall be followed for any similar action related to this article except for the following:

         a.   Where additional requirements such as site plan approval are required in the critical area overlay district, these requirements shall also be met before final action by the city.

         b.   Where a conflict may arise between this subsection and other applicable regulations of the city, the more restrictive provision shall be met.

      2.   Criteria set forth in this article for any individual action by the city shall be met before approval is granted.

   C.   Permits: A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with section 10-13C-9: and land alterations consistent with section 10-13C-10:.

   D.   Fees: Fees shall be as set forth by City Ordinance.

   E.   Variances: Variances to the requirements under this article may only be granted in accordance with Minnesota Statutes, Section 462.357 and Section 10-3-4 of the Zoning Code and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the City shall:

      1.   Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with section 10-13C-3G and

      2.   Make written findings that the variance is consistent with the purpose of this article, as follows.

         a.   The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;

         b.   The variance is consistent with the character and management purpose of the MRCCA district in which it is located;

         c.   The variance will not be detrimental to Primary Conservation Areas (PCAs) and Public River Corridor Views (PRCVs) nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

   F.   Conditional and interim use permits. All conditional and interim uses, required under this article must comply with Minnesota Statutes, section 462.3595 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the City shall:

      1.   Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with section 10-13C-3G; and

      2.   Make written findings that the conditional use is consistent with the purpose of this article as follows.

         a.   The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan;

         b.   The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located;

         c.   The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and

   G.   Conditions of Approval. The City shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include among other conditions:

      1.   Restoration of vegetation identified as "vegetation restoration priorities" identified in the MRCCA plan.

      2.   Preservation of existing vegetation;

      3.   Stormwater runoff management;

      4.   Reducing impervious surface;

      5.   Increasing structure setbacks;

      6.   Wetland and drainage route restoration and/or preservation;

      7.   Limiting the height of structures

      8.   Modifying structure design to limit visual impacts on PRCVs; and

      9.   Other conservation measures.

   H.   Application materials. Applications for permits and discretionary actions required under this article must submit the following information in addition to information required by Chapter 3 of the Zoning Code unless the city Zoning Administrator or their duly authorized representative determines that the information is not needed.

      1.   A detailed project description; and

      2.   Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe:

         a.   Primary conservation areas;

         b.   Public river corridor views;

         c.   Buildable area;

         d.   Existing and proposed topography and drainage patterns;

         e.   Proposed storm water and erosion and sediment control practices;

         f.   Existing and proposed vegetation to be removed and established;

         g.   Ordinary high water level, blufflines, and all required setbacks;

         h.   Existing and proposed structures;

         i.   Existing and proposed impervious surfaces; and

         j.   Existing and proposed subsurface sewage treatment systems.

      I.   Site Plan Approval:

      1.   The approval of the site plan(s) shall be made as required by Chapter 3, of the Zoning Code.

      2.   New development and expansion shall be permitted only after the approval of the site plans that adequately assess and minimize adverse effect and maximize the beneficial effects.

      3.   In making said approval or denial, the city staff shall prepare a written report which shall be filed with the application and maintained as a part of the permanent records of the city.

   J.   Nonconformities.

      1.   All legally established nonconformities as of the date of this ordinance may continue consistent with Minnesota Statutes, section 462.357, Subd. 1e .

      2.   New structures erected in conformance with the setback averaging provisions of section 10-13C-6C4 are conforming structures.

      3.   Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements.

      4.   Legally nonconforming principal structures that do not meet the setback requirements of section 10-13C-6C may be expanded laterally provided that:

         a.   The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (See Figure 4); and

         b.   The expanded structure's scale and bulk is consistent with that of the original structure and existing surrounding development.

Figure 4. Expansion of Nonconforming Structure

   K.   Notifications.

      1.   Amendments to this article and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B - I.

      2.   Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least ten (10) days prior to the hearing:

         a.   The Commissioner in a format prescribed by the DNR;

         b.   National Park Service; and

         c.   Where building heights exceed the height limits specified in section 10-13C-6B as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river.

      3.   Notice of final decisions for actions in section 10-13C-3K2, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final decision.

      4.   Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C.

   L.   Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons' property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must:

      1.   Comply with sections 10-13C-6: to 10-13C-12:; or

      2.   If sections 10-13C-6: to 10-13C-12: cannot be complied with, ramps or other facilities are allowed with an administrative permit provided:

         a.   The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and

         b.   Upon expiration of the permit, the ramp or other facilities must be removed. (Ord. 1429, 6-13-2022)

   A.   Purpose. The purpose of this Section is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River's resources and features consistent with the natural and built character of each district.

   B.   District description and management purpose. The MRCCA within the City is divided into the following MRCCA Districts:

      1.   Rural and Open Space (ROS).

         a.   Description. The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district.

         b.   Management purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas.

      2.   River Neighborhood (RN).

         a.   Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses.

         b.   Management purpose. The RN District must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district.

      3.   Separated from River (SR).

         a.   Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River.

         b.   Management purpose. The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district. The RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district.

      4.   Urban Mixed (UM).

         a.   Description. The UM District includes large areas of highly urbanized mixed use that are a part of the urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open space.

         b.   Management purpose. The UM District must be managed in a manner that allows for future growth and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated storm water into the river, and providing public access to and public views of the river are priorities in the district.

   C.   MRCCA district map. The locations and boundaries of the MRCCA districts established by this article are shown on the Shoreland and Critical Area Overlay Map which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map. (Ord. 1429, 6-13-2022)

   A.   Purpose. To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views.

   B.   Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses:

      1.   Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone.

      2.   Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter 7020.

      3.   Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota.

      4.   Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following:

         a.   New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL;

         b.   Processing machinery must be located consistent with setback standards for structures as provided in section 10-13C-6C.

         c.   Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation;

         d.   New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area;

         e.   A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must:

            (1)   Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters;

            (2)   Explain where staged reclamation may occur at certain points during the life of the site;

            (3)   Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and

            (4)   Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land; and;

         f.   Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this ordinance.

      5.   River-dependent uses. River-dependent uses must comply with the following design standards:

         a.   Structures and parking areas, except shoreline facilities and private road and conveyances serving river-dependent uses as provided in section 10-13C-12:, must meet the dimensional and performance standards in this article must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation;

         b.   Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must:

            (1)   Be designed in a compact fashion so as to minimize the shoreline area affected; and

            (2)   Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and

         c.   Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.

      6.   Wireless communication towers. Wireless communication towers require a conditional or interim use permit and are subject to the following design standards:

         a.   The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA;

         b.   The tower must not be located in a bluff or shore impact zone; and

         c.   Placement of the tower must minimize impacts on public river corridor views.

         d.   Comply with the general performance standards in section 10-13C-8B. (Ord. 1429, 6-13-2022)

   A.   Purpose. To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA.

   B.   Structure height.

      1.   Structures and facilities must comply with the following standards unless identified as exempt in section 10-13C-12:.

         a.   ROS District: (maximum) thirty-five (35) feet.

         b.   RN District: (maximum) thirty-five (35) feet .

         c.   SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore.

         d.   UM District: forty-eight (48) feet. Structures over forty-eight (48) feet and up to sixty-five (65) feet are allowed as a conditional use according to section 10-13C-6B3, provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views.

      2.   Height is measured on the side of the structure facing the Mississippi River or as per the definition provided in section 10-2-2 of this title whichever is more restrictive.

      3.   In addition to the conditional use permit requirements of section 10-13C-3F, criteria for considering whether to grant a conditional use permit for structures exceeding the height limits must include:

         a.   Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities;

         b.   Determination that the proposed structure meets the required bluff and OHWL setbacks;

         c.   Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:

            (1)   Placing the long axis of the building perpendicular to the river;

            (2)   Stepping back of portions of the facade;

            (3)   Lowering the roof pitch or use of a flat roof;

            (4)   Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials;

            (5)   Narrowing the profile of upper floors of the building; or

            (6)   Increasing the setbacks of the building from the Mississippi River or blufflines;

         d.   Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and

         e.   Opportunities for creation or enhancement of public river corridor views.

   C.   Structure and impervious surface placement.

      1.   Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an exemption in section 10-13C-12:.

      2.   Platted lots of record in existence on January 1, 1989, the setback for a residential structure (primary or accessory) shall be at least forty feet (40') from the normal high water mark of the river and at least forty feet (40') from the bluffline.

      3.   Except as established in 10-13C-6C2, structures and facilities must comply with the following OHWL setback provisions unless identified as exempt in section 10-13C-12:.

         a.   ROS District: two hundred (200) feet from the Mississippi River.

         b.   RN District: one hundred (100) feet from the Mississippi River.

         c.   SR District: seventy-five (75) feet from the Mississippi River.

         d.   UM District: fifty (50) feet from the Mississippi River.

      4.   Except as established in 10-13C-6C2, structures and facilities must comply with the following bluffline setback provisions unless identified as exempt in section 10-13C-12:

         a.   ROS District: one hundred (100) feet.

         b.   RN District: forty (40) feet.

         c.   SR District: forty (40) feet.

         d.   UM District: forty (40) feet.

      5.   Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks required under sections 10-13C-6C2 and 10-13C-6C3 are consistent with adjoining development. See Figure 5.

   Figure 5. Structure Setback Averaging

      6.   Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least seventy-five (75) feet from the ordinary high water level of the Mississippi River and all other public waters.

   D.   Lot size and buildable area.

      1.   The width of lots abutting the Mississippi River in the ROS District must be at least two hundred (200) feet, unless alternative design methods are used that provide greater protection of the riparian area.

      2.   All new lots must have adequate buildable area to comply with the setback requirements of sections 10-13C-6C2 and 10-13C-6C3 so as to not require variances to use the lots for their intended purpose. (Ord. 1429, 6-13-2022)

   A.   Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan.

   B.   General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in sections 10-13C-9: and 10-13C-10:.

   C.   Private roads, driveways, and parking areas. Except as provided in section 10-13C-12:, private roads, driveways and parking areas must:

      1.   Be designed to take advantage of natural vegetation and topography so that they are not readily visible;

      2.   Comply with structure setback requirements according to section 10-13C-6C; and

      3.   Not be placed within the bluff impact zone or shore impact zone, unless exempt under section 10-13C-12: and designed consistent with section 10-13C-8B.

   D.   Private water access and viewing facilities.

      1.   Private access paths must be no more than:

         a.   Eight feet wide, if placed within the shore impact zone; and

         b.   Four feet wide, if placed within the bluff impact zone.

      2.   Private water access ramps must:

         a.   Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and

         b.   Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities.

      3.   Design and construction of private stairways, lifts, and landings are subject to the following standards:

         a.   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by the City;

         b.   Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet area allowed for commercial properties and residential facilities held in common, if approved by the City;

         c.   Canopies or roofs are prohibited on stairways, lifts, or landings;

         d.   Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and

         e.   Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to section 10-13C-7D3 a-d, and as provided under section 10-13C-3L.

      4.   One water-oriented accessory structure is allowed for each riparian lot or parcel less than three hundred (300) feet in width at the ordinary high water level, with one additional water-oriented accessory structure allowed for each additional three hundred (300) feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must:

         a.   Not exceed twelve (12) feet in height;

         b.   Not exceed one hundred and twenty (120) square feet in area; and

         c.   Be placed a minimum of ten (10) feet from the ordinary high water level.

   E.   Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with sections 10-13C-9: and 10-13C-10:, provided that:

      1.   The encroachment of the deck or patio into the required setback area does not exceed fifteen (15) percent of the required structure setback;

      2.   The area of the deck or patio may extend into the required setback area no more than the prduct of the following formula:

[Required setback depth (feet) x 0.15 x lot width at building setback (feet) x 0.25 = maximum total area]

Figure 6. Deck and Patio Encroachment

      3.   The deck or patio does not extend into the bluff impact zone. See Figure 6.

   F.   Off-premise and directional signs.

      1.   Off-premise advertising signs must:

         a.   Meet required structure placement and height standards in sections 10-13C-6 B and C.

         b.   Not be readily visible

      2.   Directional signs for patrons arriving at a business by watercraft must comply with the following standards

         a.   They must be consistent with Minnesota Statutes, section 86B.115.

         b.   Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore impact zone.

         c.   Be no greater than ten feet in height and thirty-two (32) square feet in surface area; and

         d.   If illuminated, the lighting must be fully shielded and directed downward to prevent illumination out across the river or to the sky.

   G.   Fences. Fences between principal structures and the river are allowed if fences are:

      1.   Not higher than six feet.

      2.   Not located within the Shore Impact Zone (SIZ) and Bluff Impact Zone (BIZ).

      3.   Not located in the regulatory floodplain.

   H.   Lighting. Within the OHWL setback:

      1.   Lighting shall be fully shielded and directed away from the river.

      2.   Uplighting is prohibited.

      3.   Lighting shall follow Dark Sky compliant standards. (Ord. 1429, 6-13-2022)

   A.   Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.

   B.   General design standards. All public facilities must be designed and constructed to:

      1.   Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;

      2.   Comply with the structure placement and height standards in section 10-13C-6:, except as provided in section 10-13C-12:;

      3.   Be consistent with the vegetation management standards in section 10-13C-9: and the land alteration and storm water management standards in section 10-13C-10:, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where applicable;

      4.   Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and

      5.   Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting.

      6.   Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting.

   C.   Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards:

      1.   Vegetation currently in a natural state must be maintained to the extent feasible;

      2.   Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and

      3.   Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical's use.

      4.   All propagules must be appropriate for site conditions and that all species native ranges must originate from within one hundred and seventy-five (175) miles of the project site.

   D.   Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and 103G.245.

   E.   Public utilities. Public utilities must comply with the following standards:

      1.   High-voltage transmission lines, wind energy conversion systems greater than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and

      2.   If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river and follow other existing right of ways as much as practicable.

      3.   The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color.

      4.   Wireless communication facilities, according to section 10-13C-5B6.

   F.   Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in section 10-13C-6:. Where such facilities intersect or about two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to:

      1.   Providing scenic overlooks for motorists, bicyclists, and pedestrians;

      2.   Providing safe pedestrian crossings and facilities along the river corridor;

      3.   Providing access to the riverfront in public ownership; and

      4.   Allowing for use of the land between the river and the transportation facility.

   G.   Public recreational facilities. Public recreational facilities must comply with the following standards:

      1.   Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards in section 10-13C-6:, except as provided in section 10-13C-12:;

      2.   Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.

      3.   Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines.

         a.   Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty (30) percent. Natural surface trails are allowed, provided they do not exceed eight feet in width.

         b.   Trails, paths, and viewing areas must be designed and constructed to minimize:

            (1)   Visibility from the river;

            (2)   Visual impacts on public river corridor views; and

            (3)   Disturbance to and fragmentation of primary conservation areas.

      4.   Public water access facilities must comply with the following requirements:

         a.   Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and 6280.0250; and

         b.   Facilities must be designed and constructed consistent with the standards in Design Handbook for Recreational Boating and Fishing Facilities.

      5.   Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward.

      6.   Public stairways, lifts, and landings must be designed as provided in section 10-13C-7D3. (Ord. 1429, 6-13-2022)

   A.   Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas.

   B.   Applicability. This section applies to:

      1.   Shore impact zones;

      2.   Areas within fifty (50) feet of a wetland or natural drainage route;

      3.   Bluff impact zones;

      4.   Areas of native plant communities; and

      5.   Significant existing vegetative stands identified in the MRCCA plan.

   C.   Activities allowed without a vegetation permit.

      1.   Maintenance of existing lawns, landscaping and gardens;

      2.   Removal of vegetation in emergency situations as determined by the City;

      3.   Right-of-way maintenance for public facilities meeting the standards section 10-13C-8C;

      4.   Agricultural and forestry activities meeting the standards of sections 10-13C-5B1 and 10-13C-5B3;

      5.   Selective cutting, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of:

         a.   Vegetation that is dead, diseased, dying, or hazardous;

         b.   Vegetation to prevent the spread of diseases or insect pests;

         c.   Individual trees and shrubs; and

         d.   Invasive non-native species.

   D.   Activities allowed with a vegetation permit.

      1.   Only the following intensive vegetation clearing activities are allowed with a vegetation permit:

         a.   Clearing of vegetation that is dead, diseased, dying, or hazardous;

         b.   Clearing to prevent the spread of diseases or insect pests;

         c.   Clearing to remove invasive non-native species.

         d.   Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City.

         e.   The minimum necessary for development that is allowed with a building permit or as an exemption under section 10-13C-12:.

      2.   General Performance Standards. The following standards must be met, in addition to a restoration plan under section 10-13C-9F, in order to approve a vegetation permit:

         a.   Development is sited to minimize removal of or disturbance to natural vegetation;

         b.   Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer and approved by the City;

         c.   Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views;

         d.   Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and

         e.   Any other condition determined necessary to achieve the purpose of this section.

   E.   Prohibited activities. All other intensive vegetation clearing is prohibited.

   F.   Vegetation restoration plan.

      1.   Development of a vegetation restoration plan and reestablishment of natural vegetation is required:

         a.   For any vegetation removed with a permit under Section 10-13C-9D1;

         b.   Upon failure to comply with any provisions in this section; or

         c.   As part of the planning process for subdivisions as provided in section 10-13C-11:.

      2.   Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in 10-13C-3G, and:

         a.   Vegetation must be restored in one or more of the following restoration priority areas:

            (1)   Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;

            (2)   Shoreline areas within twenty-five (25) feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass;

            (3)   Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or

            (4)   Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist.

         b.   Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines;

         c.   Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density;

         d.   Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable.

         e.   For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed. Restoration plans should be prepared by a qualified individual and include a maintenance plan with management provisions for controlling invasive species and replacement of plant loss for three years.

      3.   A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. (Ord. 1429, 6-13-2022)

   A.   Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.

   B.   Land alteration.

      1.   Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit.

         a.   Erosion control consistent with a plan approved by City Engineer and consistent with section 10-13C-10F;

         b.   The minimum necessary for development that is allowed as an exception under section 10-13C-12:; and

         c.   Repair and maintenance of existing buildings and facilities.

      2.   Within the water quality impact zone, land alteration that involves more than ten cubic yards of material or affects an area greater than one thousand (1,000) square feet requires a permit.

   C.   Rock riprap, retaining walls, and other erosion control structures.

      1.   Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, part 6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers, and any other permits are obtained. See Figure 7.

   Figure 7. Riprap Guidelines

      2.   Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of section 10-13C-10F provided that:

         a.   If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project.

         b.   The structures are used only to correct an established erosion problem as determined by the City.

         c.   The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem:

            (1)   Retaining walls must not exceed five feet in height, must be placed a minimum horizontal distance of ten feet apart, and must obtain all applicable building permits; and

            (2)   Riprap must not exceed the height of the regulatory flood protection elevation.

      3.   Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration.

   D.   Stormwater management.

      1.   In the bluff impact zone, storm water management facilities are prohibited, except by permit if:

         a.   There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;

         b.   The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable;

         c.   The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and

         d.   Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure.

      2.   In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in section 10-13C-12:, or fully reconstructs existing impervious surface of more than ten thousand (10,000) square feet requires a storm water permit. Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five feet wide.

      3.   In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas.

   E.   Development on steep slopes: Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if:

      1.   The development can be accomplished without increasing erosion or storm water runoff;

      2.   The soil types and geology are suitable for the proposed development; and

      3.   Vegetation is managed according to the requirements of section 10-13C-9:.

   F.   Conditions of land alteration permit approval.

      1.   Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual;

      2.   Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation;

      3.   Construction activity is phased when possible;

      4.   All erosion and sediment controls are installed before starting any land disturbance activity;

      5.   Erosion and sediment controls are maintained to ensure effective operation;

      6.   The proposed work is consistent with the vegetation standards in section 10-13C-9; and

      7.   Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001.

   G.   Compliance with other plans and programs. All development must:

      1.   Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under Minnesota Statutes, chapter 8410;

      2.   Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and

      3.   Meet or exceed the floodplain management standards under Minnesota Rules, sections 6120. 5000 through 6120.6200. (Ord. 1429, 6-13-2022)

   A.   Purpose.

      1.   To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites

      2.   To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and

      3.   To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans.

   B.   Applicability.

      1.   The design standards in this section apply to subdivisions, planned unit developments and master- planned development and redevelopment of land involving ten or more acres for contiguous parcels that abut the Mississippi River and twenty (20) or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times:

         a.   Subdivisions;

         b.   Planned unit developments; and

         c.   Master-planned development and redevelopment of land.

      2.   The following activities are exempt from the requirements of this section:

         a.   Minor subdivisions consisting of three or fewer lots;

         b.   Minor boundary line corrections;

         c.   Resolutions of encroachments;

         d.   Additions to existing lots of record;

         e.   Placement of essential services; and

         f.   Activities involving river-dependent commercial and industrial uses.

      3.   Where provisions of section 10-13C-11 are conflicting with Title 11 Subdivision Regulations, the more restrictive provision shall apply.

   C.   Application materials. Project information listed in Section 10-13C-3H must be submitted for all proposed developments.

   D.   Design standards.

      1.   Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area:

         a.   CA-ROS District: fifty percent (50%);

         b.   CA-RN District: twenty percent (20%);

         c.   CA-UM District: ten percent (10%); and

         d.   CA-SR District: ten percent (10%) if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement.

      2.   If the primary conservation areas exceed the amounts specified in Section 10-13C-11 D1, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized.

      3.   If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to section 10-13C-9F.

      4.   If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to section 10-13C-9F and the area must be set aside and designated as protected open space.

      5.   Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions.

      6.   Land dedicated for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement.

      7.   Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.

   E.   Permanent protection of designated open space.

      1.   Designated open space areas must be protected through one or more of the following methods:

         a.   Public acquisition by a government entity for conservation purposes;

         b.   A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C;

         c.   A deed restriction; and

         d.   Other arrangements that achieve an equivalent degree of protection.

      2.   Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.

   F.   Alternative design standards. The City will consider alternative design standards through a Planned Unit Development (PUD) processed consistent with Chapter 13 Article A of the zoning code. With using a PUD the city will consider deviation from minimum lot sizes and lot dimension standards. Use of a PUD within the MRCCA boundary shall include the following:

      1.   A demonstrated protection and restoration of continuous vegetation - preventing the fragmentation of vegetation and habitat by individual lots, especially along the river and natural drainage areas and protecting it as common open space.

      2.   Protection of open space, particularly PCAs, beyond the minimum identified in 10-13C-11 D 1. (Ord. 1429, 6-13-2022)

   A.   Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes, section 116G.15 Subd. 4.

   B.   Applicability.

      1.   Uses and activities not specifically exempted must comply with this article. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in sections 10-13C-9: and 10-13C-10:.

      2.   Uses and activities in Section 10-13C-12C are categorized as:

         a.   Exempt - E. This means that the use or activity is allowed;

         b.   Exempt if no alternative - (E). This means that the use or activity is allowed only if no alternatives exist; and

         c.   Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this ordinance.

   C.   Use and activity exemptions classification.

 

(Ord. 1429, 6-13-2022)

The legislature of the state has, in Minnesota statutes chapter 103F and section 462.357, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council has adopted the provisions of this article. (Ord. 1243, 10-24-2011)

The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (Ord. 1243, 10-24-2011)

It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described in section 10-13D-2 of this article by provisions contained in this article. (Ord. 1243, 10-24-2011)

This article is based upon a reasonable method of analyzing flood hazards, which is consistent with the standards established by the Minnesota department of natural resources. (Ord. 1243, 10-24-2011)

This article is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 code of federal regulations parts 59-78, as amended, so as to maintain the community's eligibility in the national flood insurance program. (Ord. 1243, 10-24-2011)

   A.    Application And Interpretation:

      1.    Application Of Provisions: This article shall apply to all lands within the jurisdiction of the city as shown on the official zoning map as being within the boundaries of the floodway or flood fringe district.

      2.    Minimum Requirements: In their interpretation and application, the provisions of this article shall be held to be minimum requirements, and this article shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

      3.    District Boundaries: The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the districts as shown on the official zoning map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of adjustments and appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence.

      4.    Abrogation And Greater Restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

   B.    Compliance Required: No new structure or land shall hereafter be used and no new or existing structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses within sections 10-13D-7-1 and 10-13D-7-2 of this article, respectively, shall be prohibited. In addition, a caution is provided herein that:

      1.    New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this article and, specifically, section 10-13D-12 of this article;

      2.    Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and, specifically, subsection D of this section; and

      3.    As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and, specifically, as stated in subsection 10-13D-13B5 of this article.

   C.    Zoning Map Adopted: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this article. The attached material shall include the flood insurance study for Dakota County, Minnesota, and incorporated areas, flood insurance rate map panels therein numbered 27037C0043E, 27037C0107E, 27037C0109E, 27037C0117E and 27037C0119E and the flood insurance rate map index (map number 27037CIND4A), all dated December 2, 2011, and prepared by the federal emergency management agency. The official zoning map shall be on file in the office of the city clerk and the zoning administrator.

   D.    Nonconforming Uses: A structure or the use of a structure or premises which was lawful before the effective date hereof but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures as defined in 44 code of federal regulations, part 59.1, shall be subject to the provisions of subsections D1 through D6 of this section:

      1.    No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

      2.    Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection D3 of this section.

      3.    If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 10-13D-7-1 or 10-13D-7-2 of this article for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 10-13D-7-1 or 10-13D-7-2 of this article for new structures if any alteration is made to the common wall in excess of installing a standard doorway.

      4.    If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this article. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of twelve (12) months.

      5.    If any nonconforming use or structure is substantially damaged, as defined in section 10-2-2 of this title, it shall not be reconstructed except in conformity with the provisions of this title. The applicable provisions for establishing new uses or structures in sections 10-13D-7-1 and 10-13D-7-2 of this article will apply, depending upon whether the use or structure is in the floodway or flood fringe, respectively.

      6.    If a "substantial improvement" occurs, as defined in section 10-2-2 of this title, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of sections 10-13D-7-1 and 10-13D-7-2 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.

   E.    Warning And Disclaimer Of Liability: This article does not imply that areas outside the floodplain districts, or land uses permitted within such districts, will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

   F.    Annexations: The flood insurance rate map panels adopted by reference into subsection C of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Inver Grove Heights at the time of adoption of this article. If any of these floodplain land areas are annexed into the city of Inver Grove Heights after the adoption date hereof, the newly annexed floodplain lands shall be subject to the provisions of this article immediately upon the date of annexation into the city of Inver Grove Heights. (Ord. 1243, 10-24-2011)

The floodplain areas within the jurisdiction of this article are hereby divided into two (2) districts: floodway district (FW) and flood fringe district (FF).

   A.    Floodway District: The floodway district shall include those areas designated as floodway on the flood insurance rate maps adopted in subsection 10-13D-6C of this article.

   B.    Flood Fringe District: The flood fringe district shall include those areas designated as floodway fringe on the flood insurance rate maps adopted in subsection 10-13D-6C of this article. (Ord. 1243, 10-24-2011)

   A.    Permitted Uses:

      1.    Enumerated:

General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

Industrial-commercial loading areas, parking areas, and airport landing strips.

Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

Residential lawns, gardens, parking areas and play areas.

Other uses listed as permitted uses by the underlying zoning district but not permitted by this subsection shall be prohibited in the floodway district.

      2.    Standards:

         a.    The use shall have a low flood damage potential.

         b.    The use shall be permissible in the underlying zoning district if one exists.

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

   B.    Conditional Uses:

      1.    Enumerated:

Extraction and storage of sand, gravel, and other materials.

Marinas, boat rentals, docks, piers, wharves, and water control structures.

Placement of fill or construction of fences.

Railroads, streets, bridges, utility transmission lines, and pipelines.

Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of section 10-13D-12 of this article.

Storage yards for equipment, machinery or materials.

Structural works for flood control such as levees, dikes and floodwalls, constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

Structures accessory to the uses listed in subsection A of this section and in the above entries in this subsection B1.

Other uses listed as conditional uses by the underlying zoning district but not allowed by this subsection B1 shall be prohibited in the floodway district.

      2.    Standards:

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

         b.    All floodway conditional uses shall be subject to the procedures and standards contained in subsection 10-13D-13B4 of this article.

         c.    The conditional use shall be permissible in the underlying zoning district.

         d.    (1) Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.

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

            (3)    As an alternative, and consistent with subsection B2d(2) of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the city council has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder.

            (4)    Title 9, chapter 4 of this code shall apply to all fill and excavation activities within the floodway district.

         e.    (1) Accessory structures shall not be designed for human habitation.

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

               (A) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

               (B) As far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

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

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

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

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

         f.    (1)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal or plant life is prohibited.

            (2)    Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council as part of the conditional use permit.

         g.    Structural works for flood control that will change the course, current or cross section of a protected wetlands or public waters shall be subject to the provisions of Minnesota statutes chapters 103A, 103B, 103C, 103D, 103E, 103F and 103G. Community wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

         h.    A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. (Ord. 1243, 10-24-2011)

   A.    Permitted Uses:

      1.    Enumerated: Permitted uses shall be those uses or structures listed as permitted uses in the underlying zoning district(s). All permitted uses shall comply with the standards for flood fringe district permitted uses and the standards for all flood fringe uses listed below.

      2.    Standards:

         a.    All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood protection elevation and the fill (maximum 4:1 slope) shall extend such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon.

         b.    As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with subsection 10-13D-7-1B2e(3) of this article.

         c.    The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use unless said fill is specifically intended to elevate a structure in accordance with subsection A2a of this section. Title 9, chapter 4 of this code shall also apply to all fill and excavation activities regardless of the quantitative amount of material.

         d.    The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.

         e.    The provisions of subsection C of this section shall apply.

   B.    Conditional Uses:

      1.    Enumerated: Conditional uses shall be those uses of land or structures listed as conditional uses in the underlying zoning district(s) or other applicable zoning overlay district(s).

         a.    Any structure not elevated on fill or floodproofed in accordance with subsections A2a and A2b of this section and/or any use of land that does not comply with the standards in subsections A2c and A2d of this section shall only be allowed as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in subsections B2 of this section and 10-13D-13B4 of this article.

      2.    Standards:

         a.    Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor, if: 1) the enclosed area is above grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:

            (1)    Design And Certification: A structure's design and as built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent floodwater from accumulating within these components during times of flooding.

            (2)    Specific Standards For Above Grade, Enclosed Areas: Above grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood, and design plans must stipulate:

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

   (B) That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage.

         b.    Basements, as defined by section 10-2-2 of this title, shall be subject to the following:

            (1)    Residential basement construction shall not be allowed below the regulatory flood protection elevation.

            (2)    Nonresidential basements may be allowed below the regulatory flood protection elevation, provided the basement is structurally dry floodproofed in accordance with subsection 10-13D-6B3 of this article.

         c.    All areas on nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classification in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the state building code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted.

         d.    When at any one time more than one thousand (1,000) cubic yards of fill or other similar material is located on a parcel for such activities as on site storage, landscaping, sand and gravel operations, land fills, road, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the city is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city council. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

         e.    (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal or plant life is prohibited.

            (2)    Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council as part of the conditional use permit.

         f.    The provisions of subsection C of this section shall also apply.

   C.    Standards For All Flood Fringe Uses:

      1.    All new principal structures must have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection elevation.

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

      3.    Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection C2 of this section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

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

      5.    Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.

      6.    Standards for recreational vehicles are contained in section 10-13D-12 of this article.

      7.    All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (Ord. 1243, 10-24-2011)

   A.    No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities.

   B.    All lots within the floodplain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation.

   C.    All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this article and have road access both to the subdivision and to the individual building sites no lower than two feet (2') below the regulatory flood protection elevation.

   D.    For all subdivisions, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

   E.    All subdivisions shall be in conformance with title 11 of this code and other applicable zoning and zoning overlay districts. (Ord. 1243, 10-24-2011)

The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be required. (Ord. 1243, 10-24-2011)

   A.    Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.

   B.    Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the floodplain shall comply with sections 10-13D-7-1 and 10-13D-7-2 of this article. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (Ord. 1243, 10-24-2011)

Where public utilities are not provided: a) on site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and b) new or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on site sewage treatment systems shall be determined to be in compliance with this article. (Ord. 1243, 10-24-2011)

   A.    Manufactured Homes And Parks:

      1.    Manufactured homes and manufactured home parks shall only be permitted in the flood fringe district as regulated by the underlying zoning district and section 10-13D-7-2 of this article.

      2.    New manufactured home parks and expansions to existing manufactured home parks shall be subject to section 10-13D-7-2 of this article, chapter 9, article D and chapter 15, article H of this title.

      3.    The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in the floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with subsection 10-13D-7-2C of this article. If vehicular road access for preexisting manufactured home parks is not provided in accordance with subsection 10-13D-7-2C1 of this article, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city council.

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

   B.    Recreational Vehicles:

      1.    Recreational vehicles that do not meet the exemption criteria specified in subsection B2 of this section shall be subject to the provisions of this article.

      2.    Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in subsection B3 of this section and if they further meet the following additional criteria:

         a.    Have current licenses required for highway use.

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

         c.    The recreational vehicle and associated use must be permissible in any preexisting underlying zoning district.

      3.    The following are areas exempted for placement of recreational vehicles:

         a.    Individual lots or parcels of record.

         b.    Existing condominium type associations.

         c.    Existing commercial recreational vehicle parks or campgrounds.

      4.    Recreational vehicles exempted from this article lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle or the construction of an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and use of land restrictions specified in sections 10-13D-7-1 and 10-13D-7-2 of this article. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

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

         a.    Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe district, provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and properly elevated road access to the site exists in accordance with subsection 10-13D-7-2C1 of this article. Any fill placed in a floodway for the purpose of elevating a recreational vehicle shall be subject to the requirements of section 10-13D-6 of this article.

         b.    All new or replacement recreational vehicles not meeting the criteria of subsection B5a of this section, may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of subsection 10-13D-7-2B2 of this article. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsection B2 of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with section 10-13D-11 of this article. (Ord. 1243, 10-24-2011)

   A.    Administration And Enforcement Officials:

      1.    Zoning Administrator: The city planner, or other person so designated by the city council, shall be the zoning administrator for the purposes of the administration of this article.

      2.    Board Of Adjustments And Appeals: The city council shall serve as the board of adjustments and appeals. Its authority and governing procedure shall be as stipulated in section 10-3-7 of this title.

   B.    Permits:

      1.    Building Permits: A building permit in conformance with the provisions of this article shall be required prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation materials, or the storage of materials or equipment within the floodplain. Said permit must be approved by the chief building official only after review by the zoning administrator. A building permit must also be approved in the same manner prior to the change of use of a building or land.

      2.    Fill/Excavation Permits: Prior to the placement of fill or the excavation of material within the floodplain, an excavation permit pursuant to title 9, chapter 4 of this code must be approved by the director of public works only after review by the zoning administrator. Said permit must be found to be in conformance with the provisions of this article.

      3.    State And Federal Permits: Prior to granting a building permit, excavation permit, conditional use permit, variance or subdivision approval, the applicant shall provide verification to the zoning administrator that all necessary state and federal permits have been obtained.

      4.    Conditional Use Permits:

         a.    Conditional use permits, as required by this article, shall be processed according to the provisions of chapter 3, article A of this title. Conditional use permits shall be reviewed for consistency with the general criteria contained in said chapter 3, article A of this title. Conditional use permits shall also satisfy the applicable conditional use criteria listed in this article.

         b.    The zoning administrator shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use permits sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of hearing.

         c.    The city council may also consider the following relevant factors in review of a conditional use permit application:

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

            (2)    The danger that materials may be swept onto other lands or downstream to the injury of others.

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

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

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

            (6)    The requirements of the facility for a waterfront location.

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

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