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Lake Elmo City Zoning Code

ARTICLE XIX

SHORELAND MANAGEMENT OVERLAY DISTRICT

105.12.1260 Shoreland Management Overlay District

  1. Purpose. This article is adopted pursuant to the authorization and policies contained in M.S.A. 103F, Minn. R. parts 6120.2500—6120.3900, and the planning and zoning enabling legislation in M.S.A. ch. 462. The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values of shorelands through the following activities:
    1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities.
    2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution.
    3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreland.
    4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water.
  2. Definitions. Words, terms and phrases, when used in this section, shall have the meanings ascribed to them in LEC 1.08, except where the context clearly indicates a different meaning.
  3. Shoreland Management Overlay District.
    1. Shoreland classifications. The public waters in Table 17-1 have been classified by the commissioner of natural resources, consistent with the classifications assigned by the commissioner under Minn. R. part 6120.3300, as: Natural Environment (NE), Recreational Development (RD) and Tributary (T) shorelands.
      Table 17-1: Shoreland Classifications

      DNR ID #
      		Name
      		Location
      		Ordinary High Water Level
      		Class
      82011601
      		Armstrong (north of CSAH 10)
      		Sec. 28, T29, R21
      		1020.3NE
      82011602
      		Armstrong (south of CSAH 10)
      		Sec. 28, T29, R21
      		1019.3NE
      82009900
      		Clear
      		Sec. 2 and 11, T29, R21
      		-NE
      82010100
      		DeMontreville
      		Sec. 4, 5 and 9, T29, R21
      		929.3RD
      82010500
      		Berschen's Pond


      		NE
      82011000
      		Downs
      		Sec. 24, T29, R21
      		889.1NE
      82010900
      		Eagle Point
      		Sec. 22 and 27, T29, R21
      		896.5NE
      82010600
      		Elmo
      		Sec. 13, 14, 23, 24 and 26, T29, R21
      		885.6RD
      82010800
      		Friedrich Pond
      		Sec. 15 and 22, T29, R21
      		-NE
      82011300
      		Goose
      		Sec. 27, 34 and 35, T29, R21
      		924.4NE
      82011100
      		H.J. Brown Pond
      		Sec. 26, T29, R21
      		-NE
      82007400
      		Horseshoe
      		Sec. 25, T29, R21
      		876.8NE
      82010400
      		Jane
      		Sec. 9 and 10, T29, R21
      		924.0RD
      82011700
      		Kramer
      		Sec. 35, T29, R21
      		-NE
      82010300
      		Olson
      		Sec. 8 and 9, T29, R21
      		929.3RD
      N/A
      		Raleigh Creek North (to Eagle Point Lake)
      		Sec. 16, 21 and 22, T29, R21
      		-T
      N/A
      		Raleigh Creek South (Eagle Point Lake to Lake Elmo)
      		Sec. 22, 23 and 227, T29, R21
      		-T
      82011200
      		Rose
      		Sec. 25 and 36, T29, R21
      		-NE
      82010700
      		Sunfish
      		Sec. 14, T29, R21
      		896.4NE
      82010000
      		Unnamed
      		Sec. 4, T29, R21
      		-NE
      82031300
      		Unnamed
      		Sec. 12, T29, R21
      		-NE
      N/A
      		Unnamed to Wilmes Lake
      		Sec. 33, T29, R21
      		-T
      N/A
      		Unnamed Tributary
      		Sec. 25, T29, R21
      		-T
      Classifications:
      RD = Recreational Development Lake Classification
      NE = Natural Environment Lake Classification
      T = Tributary River Classification
      Notes to Table 17-1:
      a. As measured from and perpendicular to the ordinary high water level (OHWL).
    2. Land uses in shoreland districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2:
      Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications


      		Shoreland Classification
      Land Uses
      		Recreational Development
      		Natural Environment
      		Tributary River
      Residential
      		PPP
      Commercial
      		PCC
      Public and civic uses
      		PCC
      Outdoor recreational
      		CCC
      Agricultural and related usesb, c
      		PPP
      Industrial and extractive uses
      		---
      Utilities, transportation and communications
      		CCC
      Accessory uses
      		PPP
      Planned developments (PUDs)
      		CCC
      Forest land conversion
      		CCC
      Notes to Table 17-2:
      a. City owned parks and open space and any uses or structures accessory to such uses are permitted within shoreland areas.
      b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted.
      c. New feedlots are not allowed in any Shoreland Management Overlay District.
    3. Shoreland standards. The standards in Table 17-3 shall apply within shoreland areas to principal, conditional and accessory uses and structures:
      Table 17-3: Shoreland Standards


      		Shoreland Classification
      Standards
      		Recreational Development
      		Natural Environment
      		Tributary River
      Minimum structure setback from county, state or federal road right-of-way
      		50 feet
      		50 feet
      		50 feet
      Minimum setback from right-of-way line of town road, public street, or other roads or streets not classified
      		20 feet
      		20 feet
      		20 feet
      Minimum structure setback from an unplatted cemetery or historical sitea
      		50 feet
      		50 feet
      		50 feet
      Minimum Structure Setback From The Ordinary High Water Level (OHWL):b, c, e
      Seweredd
      		75 feet
      		150 feet
      		50 feet
      Unseweredd
      		100 feet
      		150 feet
      		100 feet
      Minimum structure setback from top of bluff
      		30 feet
      		30 feet
      		30 feet
      Minimum septic system setback from OHWL
      		75 feet
      		150 feet
      		75 feet
      Minimum low floor elevation above the 100-year flood elevation
      		2 feet
      		2 feet
      		2 feet
      Maximum Impervious Lot Coverage:
      Sewerede
      		30 percent
      		30 percent30 percent
      Unsewered
      		15 percent
      		15 percent15 percent
      Minimum Lot Sizef, Riparian Lots:
      Sewered:
      Single-family detached
      		20,000 s.f.
      		40,000 s.f.
      		Same as zoning district
      Two-family or duplex
      		35,000 s.f.
      		70,000 s.f.
      		Same as zoning district
      Triplex
      		120,000 s.f.
      		160,000 s.f.
      		Same as zoning district
      Quad
      		160,000 s.f.
      		200,000 s.f.
      		Same as zoning district
      Unsewered:
      Single-family detached
      		40,000 s.f.
      		80,000 s.f.
      		Same as zoning district
      Two-family or duplex
      		80,000 s.f.
      		120,000 s.f.
      		Same as zoning district
      Minimum Lot Sizef, Non-Riparian Lots:
      Sewered:
      Single-family detached
      		15,000 s.f.
      		20,000 s.f.
      		Same as zoning district
      Two-family or duplex
      		26,000 s.f.
      		35,000 s.f.
      		Same as zoning district
      Triplex
      		38,000 s.f.
      		52,000 s.f.
      		Same as zoning district
      Quad
      		49,000 s.f.
      		65,000 s.f.
      		Same as zoning district
      Unsewered:
      Single-family detached
      		40,000 s.f.
      		80,000 s.f.
      		Same as zoning district
      Two-family or duplex
      		80,000 s.f.
      		160,000 s.f.
      		Same as zoning district
      Minimum Lot Width,f, g Riparian Lots:
      Sewered:
      Single-family detached
      		75 feet
      		125 feet
      		75 feet
      Two-family or duplexe
      		135 feet
      		225 feet
      		115 feet
      Triplexe
      		195 feet
      		325 feet
      		150 feet
      Quade
      		255 feet
      		425 feet
      		190 feet
      Unsewered:
      Single-family detached
      		150 feet
      		200 feet
      		100 feet
      Two-family or duplexe
      		225 feet
      		300 feet
      		150 feet
      Minimum Lot Width, Non-Riparian Lots:
      Sewered:
      Single-family detached
      		75 feet
      		125 feet
      		75 feet
      Two-family or duplexe
      		135 feet
      		220 feet
      		115 feet
      Triplexe
      		190 feet
      		315 feet
      		150 feet
      Quade
      		245 feet
      		410 feet
      		190 feet
      Unsewered:
      Single-family detached
      		150 feet
      		200 feet
      		100 feet
      Two-family or duplexe
      		265 feet
      		400 feet
      		150 feet
      Maximum Structure Height
      		35 feet
      		35 feet
      		35 feet
      Notes to Table 17-3:
      a. Reduction of the required setback from an historic site is permitted with the approval of the office of the Minnesota State Archeologist.
      b. Where structures exist on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the Ordinary High Water Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff impact zone.
      c. Roads, driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may be placed within the required structure setbacks provided they are designed to adapt to the natural landscape, soil erosion is minimized and no construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must comply with the rules and regulations of local watershed districts.
      d. Commercial, public and civic uses located on lots with public waters frontage shall be setback double the required setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions.
      e. Subdivisions of duplexes, triplexes, and quads within Natural Environment Shoreland districts must also meet standards set forth in subsection (c)(5)c of this section.
      f. Minimum lot size and width requirements apply to residential uses only.
      g. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions. Must meet or exceed the following standards: They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots.
      i. If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

      Controlled Access Lot Frontage Requirements
      Ratio of Lake Size to Shore Length (acres/mile)
      		Required Increase in Frontage (percent)
      Less than 100
      		25 percent
      100--200
      		20 percent
      201--300
      		15 percent
      301--400
      		10 percent
      Greater than 400
      		5 percent
      They must be jointly-owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot; and covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.
    4. Design criteria for structures.
      1. Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions:
        1. Structure height. The structure or facility must not exceed ten feet in height, exclusive of safety rails, from the average grade of the structure to the peak of the roof. Detached decks must not exceed eight feet above grade at any point.
        2. Structure size. Water-oriented accessory structures cannot occupy an area greater than 250 square feet.
        3. Structure setback. The setback of the structure or facility landward from the ordinary high water level (OHWL) must be at least ten feet on a recreational development lake and 50 feet on a natural environment lake.
        4. Visibility screening. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
        5. Roof decking. The roof of the structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
        6. Habitation, water and sewage prohibited. The structure or facility must not be used for human habitation and must not contain water supply or sewage treatment facilities.
        7. Watercraft storage facilities. As an alternative for recreational development water bodies, water-oriented accessory structures used solely for watercraft storage, and including the storage of related boating and water-oriented sporting equipment, may occupy up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
      2. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
        1. Stairways and lifts must not exceed four feet in width. Wider stairways may be used for public open space or recreation properties.
        2. Landings for stairways and lifts must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for public open space or recreation properties.
        3. Canopies or roofs are not allowed on stairways, lifts or landings.
        4. Stairways, lifts and landings may be either constructed above ground on posts or pilings or placed into the ground, provided that they are designed and built in a manner that ensures control of soil erosion.
        5. Stairways, lifts and landing must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical.
        6. Facilities such as public and private watercraft access ramps, lifts, access-related parking areas, 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 (c)(4)b.1 through 5 of this section are satisfied and provided the vegetative screening and erosion control requirements are met.
      3. Roads, driveways, and parking areas. Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
      4. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
    5. Subdivision standards. The following standards shall apply to subdivisions in shoreland areas:
      1. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. In determining suitability, the city will consider susceptibility to flooding, existence of wetlands, soil and rock formations with 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 at-large.
      2. Subdivisions must conform to all other official controls adopted by the city. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. Lots that would require use of holding tanks must not be approved.
      3. On natural environment lakes, subdivisions of duplexes, triplexes, and quads must also meet the following standards:
        1. Each building must be set back at least 200 feet from the ordinary high water level.
        2. Each building must have common sewage treatment and water systems that serve all dwelling units in the building.
        3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building.
        4. No more than 25 percent of a lake's shoreline can be in a duplex, triplex, or quad environment.
    6. Agricultural activities. The following standards shall apply to agricultural activities in shoreland areas:
      1. The shore impact for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL.
      2. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service.
      3. New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards:
        1. Feedlots must be designed consistent with Minn. R. ch. 7020;
        2. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units or more;
        3. Old feedlots not currently in operation may resume operation consistent with M.S.A. § 116.0711;
        4. The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation.
    7. Shoreland alterations. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in accordance with the following standards:
      1. Bluff or shore impact zones. No principal or accessory structure or use shall be placed within bluff or shore impact zones other than agricultural activities as permitted by subsection (c)(6)b of this section.
      2. Shore impact zones. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district.
      3. Intensive vegetative clearing. Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland areas outside of bluff or shore impact zones and steep slope areas is subject to standards set forth in subsection (c)(8) of this section.
      4. Limited tree clearing. Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface is along rivers is preserved. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard.
      5. Grading in shoreland areas. All grading and filling activities must be in conformance with the Wetland Conservation Act. Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten or more cubic yards of material or involving more than 50 cubic yards of material elsewhere in a shoreland area shall require the submission of a grading permit. Approval shall be granted only if the following conditions are met:
        1. The smallest amount of bare ground is exposed for the shortest time possible;
        2. Ground cover such as mulch is used for temporary bare soil coverage and permanent ground cover, such as sod, is established;
        3. Methods to prevent erosion and trap sediment during construction are employed;
        4. Altered areas are stabilized to accepted erosion control standards;
        5. Fill is not placed so as to create unstable slopes;
        6. Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability and must not create finished slopes of 30 percent or greater;
        7. Alterations below the OHWL of public waters must first be authorized by the commissioner of the state department of natural resources per M.S.A. §§ 103G.245 and 103G.405;
        8. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one-foot vertical, the landward extent of the riprap is within ten feet of the OHWL and the height of the riprap above the OHWL does not exceed three feet;
        9. Alterations of topography shall only be permitted if accessory to a permitted or conditional use;
        10. Fill or excavated material must not be placed in bluff impact zone.
    8. Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to a nonforested use must be conducted consistent with the following standards:
      1. Timber harvesting and associated reforestation must be conducted consistent with the Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers.
      2. Forest land conversion to another use requires issuance of a conditional use permit and adherence to the following standards:
        1. Shore and bluff impact zones must not be intensively cleared of vegetation.
        2. An erosion and sediment control plan is developed and approved by the city and local soil and water conservation district and is consistent LEC 105.04.710 before issuance of a conditional use permit for the conversion.
    9. Stormwater management. Stormwater management shall be in accordance consistent LEC 105.04.710. In addition, the state pollution control agency's Minnesota Stormwater Manual shall be used as guidance. Within shoreland areas, the following standards also apply:
      1. Existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater in a manner consistent with local watershed district rules and regulations 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 and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed.
      3. Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a way to minimize impact on the shore impact zone or public water by proper application.
      4. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
    10. Private utilities. The following provisions shall apply in shoreland areas:
      1. Private subsurface sewage treatment systems shall meet applicable city and county requirements and Minn. R. ch. 7080 standards. Publicly-owned sewer systems shall be used where available.
        1. Any private water supply to be used for domestic purposes shall meet quality standards established by the state department of health and the state pollution control agency.
        2. Private wells must be located, constructed, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state department of health.
    11. Planned unit developments (PUD).
      1. Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential uses.
      2. Density. Deviation from the minimum lot size standards of Table 17-3 in this section is allowed if the standards in this section are met.
      3. Processing of PUDs. Planned unit developments are processed according to the procedures and standards of LEC 105.12, arts. XVI and XVII, whichever is more restrictive. Approval cannot occur until all applicable environmental reviews are complete.
      4. Application for a PUD. The applicant for a PUD must submit the following documents prior to final action on the application request:
        1. A property owners association agreement with mandatory membership, and consistent with subsection (c)(11)h.4.i of this section.
        2. Deed restrictions, covenants, permanent easements or other instruments that:
          1. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and
          2. Ensure preservation and maintenance of open space in perpetuity accordance with the criteria and analysis specified in subsection (c)(11)h of this section.
      5. Density determination. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures:
        1. Step 1. Identify density analysis tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:

          Classification
          		Tier Depth

          		No Sewer (feet)
          		Sewer (feet)
          Recreational development lakes
          		267267
          Natural environment lakes
          		400320
          Tributary rivers
          		300300
        2. Step 2. Calculate suitable area for development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.
        3. Step 3. Determine base density.
          1. Divide the suitable area within each tier by the minimum single residential lot area in Table 17-3 use required minimum riparian lot areas for the first tier unless no lots within the first tier are riparian. for lakes to determine the allowable number of dwelling units, or base density, for each tier. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.
          2. All PUDs must meet the design standards in subsection (c)(11)f of this section.
        4. Step 4. Determine if the site can accommodate increased density.
          1. The PUD may provide for an increase in density of up to 20 percent allowed in the base zoning district or in Table 17-3, whichever is more restrictive, if: Structure setbacks from the ordinary high water level;
          2. Are increased to at least 50 percent greater than the minimum setback; or
          3. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback.
      6. Design criteria. All PUDs must meet the following design criteria:
        1. General design standards.
          1. Dwelling units must be clustered into one or more groups and located on suitable areas of the development.
          2. Dwelling units must be designed and located to meet the dimensional standards, other than those for lot area and width, in Table 17-3;
          3. Shore recreation facilities:
            1. Must be centralized and located in areas suitable for them based on a suitability analysis (as explained in subsection (c)(5)a of this section).
            2. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit in the first tier.
            3. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units located in other tiers.
          4. At least 50 percent of the total project area shall be preserved as open space and must meet standards outlined in subsection (c)(11)g of this section.
          5. PUDs shall be connected to public water supply and sewer systems. When sewer is not available, individual septic systems are not allowed; community sewage treatment systems are required.
          6. Approval from the DNR is required to ensure compliance with additional regulations.
        2. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
        3. Accessory structures and facilities, except water-oriented accessory structures, must meet the required structure setback and must be centralized.
      7. Open space requirements.
        1. Open space must constitute at least 50 percent of the total project area within the shoreland and must include:
          1. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries;
          2. Portions of the shore impact zone preserved in its natural or existing state as follows:
            1. For existing residential PUDs, at least 50 percent of the shore impact zone
            2. For new residential PUDs, at least 70 percent of the shore impact zone.
        2. Open space may include:
          1. Outdoor recreational facilities for use by owners of lots in the subdivision and by the general public;
          2. Stormwater detention facilities, subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems, and other required site improvements not prohibited herein may be applied to this requirement;
          3. Non-public water wetlands.
        3. Open space shall not include:
          1. Road rights-of-way, or land covered by roads, structures or parking surfaces;
          2. Lots, unless owned in common by an owners association;
          3. Commercial facilities or uses;
          4. Land below the OHWL of public waters.
      8. Open space maintenance and administration requirements.
        1. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved.
        2. Before final approval of a PUD is granted, the developer/owner shall provide for the preservation and maintenance, in perpetuity, of open space and the continuation of the development as a community.
        3. The instruments must prohibit:
          1. Commercial uses;
          2. Vegetation and topographic alterations other than routine maintenance;
          3. Construction of additional buildings or storage of vehicles and other materials; and
          4. Uncontrolled beaching of watercraft.
        4. Development organization and functioning. All planned unit developments must use an owners association with the following features:
          1. Membership must be mandatory for each dwelling unit owner and any successive owner;
          2. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites;
          3. Assessments must be adjustable to accommodate changing conditions; and
          4. The association must be responsible for insurance, taxes, and maintenance of all commonly-owned property and facilities.
    12. Nonconformities.
      1. All legally established nonconformities as of the date of the ordinance codified in this section may continue, but will be managed according to M.S.A. § 462.357(1e) and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use.
      2. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this article. Any deviation from these requirements must be authorized by a variance.
      3. Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone.
      4. Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
        1. The structure existed on the date the structure setbacks were established.
        2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure.
        3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive.
        4. The deck is constructed primarily of wood, and is not roofed or screened.
    13. Surface water-oriented uses. Uses with needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters must meet the following standards:
      1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards, uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.
      2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
      3. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.
      4. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information.
      5. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
  4. Administration.
    1. Variances. Variances may only be granted in accordance with M.S.A. § 462.357 and are subject to the following:
      1. A variance may not circumvent the general purposes and intent of this section; and
      2. For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. R. § 7082.0700, subpt. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.
    2. Conditional uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions 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 form public waters is limited;
      3. There is adequate water supply and on-site sewage treatment; and
      4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
    3. Mitigation.
      1. In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address, when related to and proportional to the impact, the following conditions to meet the purpose of this article, to protect adjacent properties, and the public interest:
        1. Advanced stormwater runoff management treatment;
        2. Reducing impervious surfaces;
        3. Increasing setbacks from the ordinary high water level;
        4. Restoration of wetlands;
        5. Limiting vegetation removal and/or riparian vegetation restoration;
        6. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and
        7. Other conservation-designed conditions the zoning authority deems necessary.
      2. In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits.
    4. Notifications to the department of natural resources.
      1. All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner's designated representative at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
      2. All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
      3. Any request to change the shoreland management classification of public waters must be sent to the commissioner or the commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minn. R. 6120.3000, subpt.4.
      4. Any request to reduce the boundaries of shorelands of public waters must be sent to the commissioner or the commissioner's designated representative for approval. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.
    5. Subsurface sewage treatment system certificate of compliance. A certificate of compliance, consistent with Minn. R. 7082.0700 subpt. 3, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficient is the system's improper setback from the ordinary high water level.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253