The Shoreland Overlay District is adopted pursuant to the authorization and policies contained in M.S.A. ch. 103F, Minn. R. pts. 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S.A. ch. 462. The uncontrolled use of shorelands in the city affects the public health, safety and general welfare by contributing to pollution of public waters and impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters, and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources.

(Code 2015, § 10.65(1); Ord. No. O-2022-1114-16, § 10.65(1), 11-14-2022)

(a)

Jurisdiction. The provisions of this article apply to the shorelands of the public water bodies as classified in section 10-1058 and to the shorelands of public water bodies greater than ten acres in unincorporated areas in which the city has, by ordinance, extended the application of its zoning regulations as provided by M.S.A. § 462.357, subd 1. Pursuant to Minn. R. pts. 6120.2500 through 6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this article.

(b)

Enforcement. The city is responsible for the administration and enforcement of this article. 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 grants 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 10-1057.

(c)

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 ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.

(d)

Notifications to the department of natural resources.

(1)

All amendments to this division must be submitted to the department of natural resources for review and approval for compliance with the statewide shoreland management rules. The city will submit the proposed ordinance amendments to the commissioner or the commissioner's designated representative at least 30 days before any scheduled public hearings.

(2)

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.

(3)

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.

(4)

Any request to change the shoreland management classification of public waters within city 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. pt. 6120.3000, subpt. 4.

(5)

Any request to reduce the boundaries of shorelands of public waters within city must be sent to the commissioner or the commissioner's designated representative for approval and must include a resolution and supporting data. 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.

(Code 2015, § 10.65(2); Ord. No. O-2022-1114-16, § 10.65(2), 11-14-2022)

Unless specifically defined below, words or phrases used in this division shall be interpreted to give them the same meaning they have in common usage and to give this article its most reasonable application. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure or facility means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. Examples include swimming pools, saunas, detached garages, and storage sheds.

Animal feedlot means a facility as defined by Minn. R. pt. 7020.0300.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics:

(1)

Part or all of the feature is located in a shoreland area.

(2)

The slope must drain toward the waterbody.

(3)

The slope rises at least 25 feet above the ordinary high water level.

(4)

The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater (see Figure 1), except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff (see Figure 2).

Figure 1. Illustration of Bluff

Figure 2. Exception to Bluff

Bluff impact zone means a bluff and land located within 20 feet of the top of a bluff. See Figure 3.

Figure 3. Bluff Impact Zone and Top of Bluff

Bluff, toe of, means the lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary high water level, whichever is higher.

Bluff, top of, means for the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18 percent. See Figure 3.

Boathouse means a facility as defined by M.S.A. § 103G.245.

Buffer means a vegetative feature as defined by M.S.A. § 103F.48.

Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

Commercial planned unit developments means developments that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments.

Commercial use means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

Commissioner means the commissioner of the department of natural resources.

Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

Controlled access lot means a lot used to access public waters or as a recreation area for owners of nonriparian lots within the same subdivision containing the controlled access lot.

Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached, or functionally related to a principal use or site and at any point extending more than three feet above ground.

Duplex, triplex, and quad mean a dwelling structure on a single lot, having two, three, and four units, respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites.

Dwelling unit means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins.

Expansion means any increase in a dimension such as number of units or size, area, volume, or height of an existing structure or accessory structure or facility.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under M.S.A. §§ 93.44 through 93.51.

Forest land conversion means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Guest cottage means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.

Height of building means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof (see Figure 4).

Figure 4. Height of Building

Impervious surface means a constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces.

Improvement means making an existing structure or accessory structure or facility of better quality, more efficient, or more aesthetically pleasing, that does not replicate what previously existed, but does not include an expansion, enlargement, or intensification.

Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation.

Lot width means the minimum distance between:

(1)

Side lot lines measured at the midpoint of the building line; and

(2)

Side lot lines at the ordinary high water level, if applicable (see Figure 5).

Figure 5. Lot Width

Maintenance and repair means upkeep or preservation of an existing structure or accessory structure or facility against normal wear and tear or degradation over time that does not change exterior dimensions. Examples include the rehabilitation or replacement of windows, siding, a roof, or exterior finishes such as paint or stain.

Metallic minerals and peat has the meaning given under M.S.A. §§ 93.44 through 93.51.

Nonconformity means any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written.

Ordinary high water level means the boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, dwelling grounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Public waters means any water as defined in M.S.A. § 103G.005, subds. 15, 15a.

Replacement and restoration means reconstruction of part or all of an existing structure or accessory structure or facility that closely matches or replicates the preexisting structure or facility.

Residential planned unit development means a use where the nature of residency is nontransient, and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites.

Resort has the meaning in M.S.A. § 103F.227.

Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Setback means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

Sewage treatment system has the meaning given under Minn. R. pt. 7080.1100, subpt. 82.

Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback (see Figure 6).

Figure 6. Shore Impact Zone

Shore recreation facilities means swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities.

Shoreland means land located within the following distances from public waters:

(1)

1,000 feet from the ordinary high water level of a lake, pond, or flowage; and

(2)

300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater (see Figure 7).

Figure 7. Definition of Shoreland

Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of M.S.A. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the state historical society. All unplatted cemeteries are automatically considered to be significant historic sites.

Steep slope means areas adjacent to protected water having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.

Structure means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

Subdivision means land that is divided for the purpose of sale, rent, or lease, including planned unit developments.

Suitability analysis means an evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.

Variance means the same as defined in M.S.A. § 462.357, subd. 6(2).

Water-dependent use means the use of land for commercial, industrial, public, or semi-public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of uses typically found in shoreland areas.

Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, patios, and detached decks. Boathouses and boat storage structures given the meaning under M.S.A. § 103G.245 are not a water-oriented accessory structures.

Wetland has the meaning given under Minn. R. pt. 8420.0111.

(Code 2015, § 10.65(3); Ord. No. O-2022-1114-16, § 10.65(3), 11-14-2022)

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 must be in full compliance with these regulations.

(Code 2015, § 10.66(1); Ord. No. O-2022-1114-16, § 10.65(1), 11-14-2022)

(a)

The provisions of this district apply to the shorelands of the public water bodies as classified below. Pursuant to Minn. R. pts. 6120.2500 through 6120.3900, a lake, pond, or flowage less than ten acres in size is not required to be regulated by these shoreland provisions. A body of water created by a private user where there was no previous shoreland may, at the discretion of the city, be considered exempt from these shoreland regulations.

(b)

The public waters of the city, subject to the shoreland regulations, have been classified below, consistent with the criteria found in Minn. R. pt. 6120.3300, and the Protected Waters Inventory Map for Blue Earth County, Minnesota.

Basins With Shoreland Classifications

(Code 2015, § 10.66(2); Ord. No. O-2022-1114-16, § 10.65(2), 11-14-2022)

(a)

Generally. The permitted and conditional uses of the underlying zoning district apply within the Shoreland Overlay District. Additional permitted uses and standards are also contained within subsection (b) of this section. The following criteria must be considered for any permitted or conditional use:

(1)

Preservation of natural areas.

(2)

Present ownership and development of shoreland areas.

(3)

Shoreland soil types and their engineering capabilities.

(4)

Topographic characteristics.

(5)

Vegetative cover.

(6)

In-water physical characteristics, values, and constraints.

(7)

Recreational use of the surface water.

(8)

Road and service center accessibility.

(9)

Socioeconomic development needs and plans as they involve water and related land resources.

(10)

The land requirements of industry, which, by its nature, requires location in shoreland areas.

(11)

The necessity to preserve and restore certain areas having significant historical or ecological value.

(b)

Nonconformities.

(1)

All legally established nonconformities as of the effective date of the ordinance from which this chapter is derived may continue but will be managed according to M.S.A. § 462.357, subd. 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, lowest floor elevations, and other requirements of this article. Any deviation from these requirements must be authorized by a variance.

(c)

Use standards. The following use standards apply to commercial, industrial, public, and semi-public, agricultural, forestry, and extractive uses and mining of metallic minerals and peat:

(1)

Standards for water-oriented commercial, industrial, public and semi-public uses. Surface water-oriented commercial, industrial, public, and semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:

a.

In addition to meeting impervious coverage limits, setbacks and other zoning standards in this Code, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

b.

Uses that require short-term watercraft mooring for patrons must centralize these facilities, design them to avoid obstructions of navigation, and to be the minimum size necessary to meet the need.

c.

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

1.

No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff.

2.

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. The signs must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information, such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters.

d.

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.

e.

Industrial uses are not permitted in the shoreland of NE lakes. Industrial uses in all other shoreland require a conditional use permit.

(2)

Standards for non-water-oriented commercial, industrial, public and semi-public uses. Nonresidential uses without water-oriented needs must be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, must either be set back twice 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.

(3)

Agriculture use standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. Animal feedlots are prohibited.

(4)

Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest Management Guidelines for Landowners, Loggers and Resource Managers.

(5)

Extractive use standards.

a.

Extractive uses require a conditional use permit.

b.

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

c.

Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.

(6)

Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S.A. §§ 93.44 through 93.51, are a permitted use provided the provisions of M.S.A. §§ 93.44 through 93.51, are satisfied.

(7)

Residential uses.

a.

Residential subdivisions with dwelling unit densities exceeding those in Table 12-1 are only allowed if designed and approved as a planned unit development. Only land above the ordinary high water level of public waters can be used to meet lot area standards. The structures shall have a minimum setback of 150 feet from the ordinary high water level of public waters. Lot width standards must be met at both the ordinary high water level and at the building line.

b.

Lots intended as private controlled accesses to public waters, or as recreation areas for use by owners of nonriparian lots within subdivisions, are prohibited.

c.

Residential subdivisions of duplexes, triplexes, and quads are conditional uses on natural environment lakes and must also meet the following standards:

1.

Each building must be set back at least 200 feet from the ordinary high water level.

2.

Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building.

3.

Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building.

4.

No more than 25 percent of a lake's shoreline can be duplex, triplex, or quad.

(Code 2015, § 10.66(3); Ord. No. O-2022-1114-16, § 10.65(3), 11-14-2022)

The bulk, height, and setback regulations of the underlying zoning district apply unless otherwise modified by this section. Areas protected by the floodwall, existing structures, and existing lots of recorded prior to December 31, 2022, shall be exempted for the provisions of this article. Table 12-1 establishes bulk and setback regulations for the Shoreland Overlay District. Additional land development restrictions are in section 10-1061.

Table 12-1. Shoreland Overlay District Bulk and Setback Regulations

Footnotes table 12-1:

¹ Nonresidential agricultural structures are exempt from the height restriction.

² One water-oriented accessory structure designed in accordance with this section may be set back a minimum of ten feet from the ordinary high water level.

(Code 2015, § 10.66(4); Ord. No. O-2022-1114-16, § 10.65(4), 11-14-2022)

(a)

Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where principal buildings exist on the adjoining lots on both sides of a proposed principal building site, principal building setbacks may be altered, without a variance, to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone and is a minimum of 25 feet from the ordinary high water level.

(b)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, may not be placed within bluff impact zones.

(c)

Steep slopes. The zoning administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(d)

Setbacks and screening for uses without water-oriented needs. Nonresidential uses without water-oriented needs must be located on lots or parcels without public waters frontage or, if located on lots or parcels with public waters frontage, must either be set back twice 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.

(e)

High water elevations. Structures must be placed in high water elevations in accordance with the floodplain regulations. Where these elevations are not known, the lowest floor, including basement, must be placed or floodproofed at an elevation determined using the following methodology:

(1)

For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher.

(2)

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this section if:

a.

The structure is constructed of flood-resistant materials to the elevation;

b.

Electrical and mechanical equipment is placed above the elevation; and

c.

If long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

(f)

Design criteria for structures.

(1)

Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback if this water-oriented accessory structure complies with the following:

a.

The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 150 square feet. Detached decks must not exceed four feet above grade at any point.

b.

The setback of the structure or facility from the ordinary high water level must be at least ten feet and it must not be located in the bluff impact zone.

c.

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.

d.

The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area.

e.

The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

(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:

a.

Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments.

b.

Landings for stairways and lifts on residential lots must not exceed 24 square feet in area. Landings larger than 24 square feet may be used for commercial properties, public open space recreational properties, and planned unit developments.

c.

Canopies or roofs are not allowed on stairways, lifts, or landings.

d.

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.

e.

Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical.

f.

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 comply with the requirements above, in addition to the requirements of Minn. R. ch. 1341.

(3)

Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.

(4)

Water supply and sewage treatment.

a.

Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state department of health and the state pollution control agency.

b.

Sewage treatment. Any premises used for human occupancy must be connected to a publicly owned sewer system, where available, or comply with Minn. R. chs. 7080 and 7081.

(Code 2015, § 10.66(5); Ord. No. O-2022-1114-16, § 10.65(5), 11-14-2022)

(a)

Purpose. The purpose of this section is to ensure that new development minimizes impacts to shoreland resources and is safe and functional.

(b)

Land suitability. Each lot created through subdivision, including planned unit developments authorized under division 7 of this article, must be suitable in its natural state for the proposed use with minimal alteration. A suitability analysis must be conducted for each proposed subdivision, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

(c)

Consistency with other controls. Subdivisions and each lot in a subdivision shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose.

(Code 2015, § 10.66(6); Ord. No. O-2022-1114-16, § 10.65(6), 11-14-2022)

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

(1)

Vegetation alterations. Vegetation alteration necessary for the construction of structures and sewage treatment systems, and the construction of roads and parking areas regulated by this section are exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation, except for agricultural and forest management uses, is allowed subject to the following standards:

a.

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing for forest land conversion to another use outside of these areas is permitted as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.

b.

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach, and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

1.

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.

3.

The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.

c.

Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is allowed without a permit.

d.

Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography, or both.

(2)

Topographic alterations and grading and filling. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. A grading and filling permit will be required for the movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones or the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

a.

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if:

1.

The finished slope does not exceed three feet horizontal to one foot vertical.

2.

The landward extent of the riprap is within ten feet of the ordinary high water level.

3.

The height of the riprap above the ordinary high water level does not exceed three feet (see Figure 10).

Figure 10. Riprap Guidelines

b.

The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:

1.

Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland:

(i)

Sediment and pollutant trapping and retention.

(ii)

Storage of surface runoff to prevent or reduce flood damage.

(iii)

Fish and wildlife habitat.

(iv)

Recreational use.

(v)

Shoreline or bank stabilization.

(vi)

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

c.

This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies, such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The applicant will be so advised, as follows:

1.

Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.

2.

Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.

3.

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.

4.

Altered areas must 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.

5.

Fill or excavated material must not be placed in a manner that creates an unstable slope.

6.

Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater.

7.

Fill or excavated material must not be placed in bluff impact zones.

8.

Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under M.S.A. ch. 103G.

9.

Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

10.

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.

11.

For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. R. ch. 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.

(3)

Connections to public waters. Excavations, where the intended purpose is connection to public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner of natural resources has approved the proposed connection to public waters.

(Code 2015, § 10.66(7); Ord. No. O-2022-1114-16, § 10.65(7), 11-14-2022)

(a)

Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

(b)

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

(c)

Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this section are met. For private facilities, the grading and filling provisions of this section must be met.

(Code 2015, § 10.66(8); Ord. No. O-2022-1114-16, § 10.66(8), 11-14-2022)

It is the purpose of this division to protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high-density residential and commercial uses.

(Code 2015, § 10.67(1); Ord. No. O-2022-1114-16, § 10.67(1), 11-14-2022)

Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of table 12-1 is allowed if the standards in this section are met.

(Code 2015, § 10.67(2); Ord. No. O-2022-1114-16, § 10.67(2), 11-14-2022)

Planned unit developments in the shoreland district must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined elsewhere in the zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied. An expansion to an existing commercial PUD involving six or less new dwelling units or sites since the date the ordinance from which this chapter is derived was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in section 10-1119. Approval cannot occur until all applicable environmental reviews are complete.

(Code 2015, § 10.67(3); Ord. No. O-2022-1114-16, § 10.67(3), 11-14-2022)

The applicant for a PUD must submit the following documents prior to final action on the application request:

(1)

Site plan or plat showing:

a.

Locations of property boundaries.

b.

Surface water features.

c.

Existing and proposed structures and other facilities.

d.

Land alterations.

e.

Sewage treatment and water supply systems (where public systems will not be provided).

f.

Topographic contours at ten-foot intervals or less.

g.

Identification of buildings and portions of the project that are residential, commercial, or a combination of the two (if project combines commercial and residential elements).

(2)

A property owner's association agreement (for residential PUDs) with mandatory membership, and consistent with section 10-1120.

(3)

Deed restrictions, covenants, permanent easements, or other instruments that:

a.

Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

b.

Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in section 10-1120.

(4)

A master plan/site plan describing the project and showing floor plans for all commercial structures.

(5)

Additional documents necessary to explain how the PUD will be designed and will function.

(Code 2015, § 10.67(4); Ord. No. O-2022-1114-16, § 10.67(4), 11-14-2022)

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:

(2)

Step 2. Calculate suitable area for development. Calculate the suitable area within each tier by excluding all road rights-of-way or easements, wetlands, bluffs, or land below the ordinary high water level of public waters.

(3)

Step 3. Determine base density.

a.

For residential PUDs, divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable number of dwelling units, or base density, for each tier. For rivers, if a minimum lot area is not specified, divide the tier width or river frontage by the minimum single residential lot width.

b.

For commercial PUDs:

1.

Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.

(i)

For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.

(ii)

For dwelling sites (campgrounds), determine the area of each dwelling site as follows:

A.

For manufactured homes, use the area of the manufactured home, if known, otherwise use 1,000 square feet.

B.

For recreational vehicles, campers, or tents, use 400 square feet.

2.

Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in subsection (2) of this section:

3.

Multiply the suitable area within each tier determined in this section by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.

4.

Divide the total floor area or dwelling site area for each tier calculated in subsection (3)b.3 of this section by the average inside living floor area for dwelling units or dwelling site area determined in subsection (3)b.2 of this section. This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.

c.

Allowable densities may be transferred from any tier to any other tier further from the water body but must not be transferred to any tier closer to the waterbody.

d.

All PUDs with densities at or below the base density must meet the design standards in section 10-1120.

(4)

Step 4. Determine if the site can accommodate increased density:

a.

The following increases to the dwelling unit or dwelling site base densities determined in this section are allowed if the design criteria in this section are satisfied as well as the standards in subsection (4)b of this section:

b.

Structure setbacks from the ordinary high water level:

1.

Are increased to at least 50 percent greater than the minimum setback; or

2.

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.

(Code 2015, § 10.67(5); Ord. No. O-2022-1114-16, § 10.67(5), 11-14-2022)

All PUDs must meet the following design criteria:

(1)

General design standards.

a.

All residential planned unit developments must contain at least five dwelling units or sites.

b.

On-site water supply and sewage treatment systems must be centralized and meet the standards in section 10-1061(f)(4). Sewage treatment systems must meet the setback standards of table 12-1.

c.

Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.

d.

Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in Table 12-1.

e.

Shore recreation facilities:

1.

Must be centralized and located in areas suitable for them based on a suitability analysis.

2.

The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).

3.

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.

f.

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.

g.

Accessory structures and facilities, except water-oriented accessory structures, must meet the required structure setback, and must be centralized.

h.

Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in section 10-1061(f)(1) and are centralized.

(2)

Open space requirements.

a.

Open space must constitute at least 50 percent of the total project area and must include:

1.

Areas with physical characteristics unsuitable for development in their natural state.

2.

Areas containing significant historic sites or unplatted cemeteries.

3.

Portions of the shore impact zone preserved in its natural or existing state as follows:

(i)

For existing residential PUDs, at least 50 percent of the shore impact zone.

(ii)

For new residential PUDs, at least 70 percent of the shore impact zone.

(iii)

For all commercial PUDs, at least 50 percent of the shore impact zone.

b.

Open space may include:

1.

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.

2.

Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

3.

Nonpublic water wetlands.

c.

Open space shall not include:

1.

Dwelling sites or lots, unless owned in common by an owner's association.

2.

Dwelling units or structures, except water-oriented accessory structures or facilities.

3.

Road rights-of-way or land covered by road surfaces and parking areas.

4.

Land below the ordinary high water level (OHWL) of public waters.

5.

Commercial facilities or uses.

(3)

Open space maintenance and administration requirements.

a.

Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved, and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means. The instruments must prohibit:

1.

Commercial uses (for residential PUDs).

2.

Vegetation and topographic alterations other than routine maintenance.

3.

Construction of additional buildings or storage of vehicles and other materials.

4.

Uncontrolled beaching of watercraft.

b.

Development organization and functioning. Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owner's association with the following features:

1.

Membership must be mandatory for each dwelling unit or dwelling site 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.

4.

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

(4)

Erosion control and stormwater management.

a.

Erosion control plans must be developed and must be consistent with the provisions of section 10-1063(2). Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

b.

Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff.

1.

For residential PUDs, impervious surface for the entire project site must not exceed 25 percent.

2.

For commercial PUDs, impervious surfaces within any tier must not exceed 25 percent of the tier area.

(Code 2015, § 10.67(6); Ord. No. O-2022-1114-16, § 10.67(6), 11-14-2022)

Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all the following standards are met:

(1)

Proposed conversions must be evaluated using the same procedures for residential PUDs involving new construction. Inconsistencies between existing features of the development and these standards must be identified.

(2)

Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit.

(3)

Shore and bluff impact zone deficiencies must be evaluated, and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following:

a.

Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones;

b.

Remedial measures to correct erosion, improve vegetative cover and improve screening of buildings and other facilities as viewed from the water; and

c.

Conditions attached to existing dwelling units located in shore or bluff impact zones that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced.

(4)

Existing dwelling unit or dwelling site densities that exceed standards in section 10-1119 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Code 2015, § 10.67(7); Ord. No. O-2022-1114-16, § 10.67(7), 11-14-2022)

The following stormwater management standards apply:

(1)

When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain stormwater runoff before discharge to public waters.

(2)

Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible, and facilities or methods used to retain sediment on the site.

(3)

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

(4)

When constructed facilities are used for stormwater management, documentation must be provided if they are designed and installed under the supervision of a licensed engineer.

(5)

New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge unless an alternative plan has been approved by the department of natural resources.

(Code 2015, § 10.68(1); Ord. No. O-2022-1114-16, § 10.68, 11-14-2022)