State statutes and regulations authorize this article. The specific sources are Minn. Stats. ch. 105, division of waters, soils and minerals; Minnesota Regulations, parts 6120.2500—6120.3900; and Minn. Stats. ch. 462, the planning and zoning enabling legislation.

(Code 1982, § 36-561(a))

The purpose of this article is to provide specific regulations to protect the city's shorelands. It is in the public's best interest to provide for the wise subdivision, use and development of shorelands. To accomplish this purpose, the objectives of this article are to:

(1)

Protect, preserve and enhance the quality of surface waters.

(2)

Protect the natural environment and visual appeal of shorelands.

(3)

Protect the general health, safety and welfare of city residents.

(Code 1982, § 36-561(b))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Average lot area means the average of the lot areas within a single development. All lots must be divided together to be included in the average lot area. For a single lot, the minimum allowable area shall be no less than the average lot area requirement.

Bluff means a topographic feature such as a hill, cliff or embankment having all of the following characteristics (land with an average slope of less than 18 percent for 50 feet or more shall not be considered part of the bluff):

(1)

Part or all of the feature is in a shoreland;

(2)

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

(3)

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; and

(4)

The slope must drain toward a public water.

Bluff impact zone means a bluff and land that is within 20 feet of the top of a bluff.

Boathouse means a structure designed and used solely for the storage of boats or boating equipment.

Commissioner means the commissioner of the department of natural resources or his representative.

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

Non-point-source pollutant means a contaminant that enters water by washing off the land or seeping into groundwater, which alters the physical, chemical or biological properties of water, or the discharge into water of any substance that may create a nuisance or make such water detrimental or harm the public health, safety or welfare.

Ordinary high-water level means the boundary of public waters. For lakes, this boundary shall be at an elevation delineating the highest water level that has existed for a sufficient time to leave evidence upon the landscape. This evidence is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For creeks, the ordinary high-water level shall be the elevation of the top of the bank of the channel.

Public waters means any waters as defined in Minn. Stats. § 105.37, subds. 14 and 15.

Regional flood means a flood that represents the large floods known to have occurred in the state. Such a flood is characteristic of what a person can expect to occur about once every 100 years.

Shore impact zone means the land between the ordinary high-water level and a line parallel to it at a setback of 50 percent of the structure setback.

Shoreland means land that is within the shoreland overlay district on the city's zoning maps.

Shoreline means the boundary of a public water.

Steep slope means land having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs.

Surface water-oriented use means the use of land where access to and use of a lake is an integral part of the normal use. Marinas, resorts and restaurants with transient docking facilities are examples of such a use.

Toe of the bluff means the lower point of a 50-foot land segment with an average slope exceeding 18 percent.

Top of the bluff means the higher point of a 50-foot land segment with an average slope exceeding 18 percent.

Urban runoff means stormwater that flows over land or through a manufactured drainage system.

Water-oriented accessory structure means a small, aboveground building or other improvement that the owner needs to locate closer to public waters than the normal structure setback. Such a setback would be because of the relationship of its use to a surface water feature. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses or freestanding decks. The definition of water-oriented accessory structures or facilities shall not include stairways, fences, docks or retaining walls.

Wetland means a surface water feature as defined in Minn. Stats. ch. 103g, the Wetland Conservation Act.

(Code 1982, § 36-562)

Cross reference— Definitions generally, § 1-2.

(a)

The city hereby creates a shoreland overlay district, with its attendant regulations, as part of this chapter. This district shall overlay existing zoning districts, so that any parcel of land lying in the overlay district also shall lie in one or more of the underlying zoning districts.

(b)

Within the overlay district, the city shall permit all uses allowed by the underlying zoning district, if the proposed uses meet the additional requirements in this article.

(c)

This article shall only apply to the shoreland districts on the official zoning maps. These maps shall be on file in the office of the director of community development. The city has classified the affected waters in section 44-1241.

(d)

The city staff may reduce the limits of a shoreland on the zoning map whenever the commissioner decides that a public water has topographic divides that are closer to the public water than the shoreland boundary on the zoning map.

(Code 1982, § 36-563)

(a)

The city shall send public hearing notices for amendments, subdivisions, plats, variances or conditional uses under this article to the commissioner. The city shall mail such notices at least ten days before the hearings. Hearing notices about subdivisions shall include copies of the subdivision.

(b)

The city shall send a copy of approved amendments, subdivisions, variances or conditional uses under this article to the commissioner. The city shall mail all such approvals within ten days of final action. When the city approves a variance after the commissioner has recommended denial, the notification of the approved variance shall include the minutes of the public hearing and of the city council's action.

(Code 1982, § 36-564; Ord. No. 848, § 7, 7-12-2004)

(a)

The city has classified its public waters based on the state department of natural resources' protected waters inventory map. The city used the following classification criteria (percentages apply only to the shoreland located in the city):

(1)

Class I waters are those that the state department of natural resources has designated general development waters, and the city land use plan shows at least 75 percent of the shoreland for commercial or industrial use.

(2)

Class II waters are those that the state department of natural resources has designated general development waters, and do not qualify for class I status.

(3)

Class III waters are those that the state department of natural resources has designated recreation development waters having:

a.

At least 60 percent of the shoreline in public ownership; or

b.

At least 50 percent of the shoreland in public ownership and less than ten percent of the shoreland remaining for development, excluding public open space.

(4)

Class IV waters are those that the state department of natural resources has designated recreation development waters, and do not qualify for class III status.

(5)

Class V waters are those that the state department of natural resources has designated natural environmental waters.

(b)

The city has classified its lakes as follows:

(c)

The city has classified its two creeks as tributary streams. The two creeks are Battle Creek and Fish Creek.

(Code 1982, § 36-565)

(a)

Lot and building standards. The following lot and building standards shall apply to commercial developments and residential developments with four or fewer dwelling units per building. The city may only approve developments with more than four units per building within the shoreland district as shoreland planned unit developments:

(4)

Lot width and setback standards for creeks.

a.

The lot width standards for single dwellings, double dwellings, three-unit buildings and four-unit buildings in shorelands next to creeks are as follows:

b.

Structure and sewer system setbacks, in feet, from the ordinary high-water level of tributary streams shall be as follows:

(b)

Additional special provisions. Additional special provisions shall be as follows:

(1)

A reduction in development standards shall be in accordance with the following:

a.

The city shall reduce all applicable development standards by one public waters classification where a shoreland property meets all of the following conditions:

1.

A principal or major arterial roadway, as defined by the city land use plan, separates the property from any public waters.

2.

The property does not drain directly to a public water.

3.

The visual impact of the property from the lake surface is small.

(For example: A property subject to class III standards may be subject to class II standards.)

b.

The city shall raise the maximum allowed building height to 42 feet from any street side for structures that would be at least 80 percent screened from view from at least 80 percent of the shoreline of a public water during the summer.

c.

The minimum lot area requirements in subsection (a) of this section shall not apply to developments that meet all the following conditions:

1.

The development is at least 80 percent screened from view from at least 80 percent of the shoreline during the summer.

2.

The development shall have no frontage or private docking facilities on a public water.

3.

The development meets the impervious surface area requirements.

d.

Impervious surface area bonus shall be determined in accordance with the following:

1.

The impervious surface area limits shall be determined using the total developable area of a parcel, above the ordinary high-water level and suitable for development, exclusive of streets and sidewalks.

2.

The developer or owner shall provide and maintain significant manmade facilities for reducing stormwater flow or the treatment of runoff for non-point-source water pollutants to qualify for an impervious surface area bonus.

3.

The city engineer shall determine whether a proposed management practice is adequate to warrant a bonus. A bonus may range from one to 20 percent for non-water-frontage lots and from one to ten percent for water-frontage properties, dependent upon the practice proposed. The city engineer shall forward a copy of proposed bonuses to the state department of natural resources for its comments.

(2)

In addition to other standards in this chapter, double, three-unit and four-unit dwellings on natural environment lakes must meet the following standards:

a.

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

b.

Watercraft docking facilities for each building must be consolidated in one location.

c.

No more than 25 percent of a lake's shoreline can be in double, three-unit or four-unit dwelling developments.

(3)

Lots used as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots must meet or exceed the following standards:

a.

If docking, mooring or over-water storage of more than six watercraft is to be allowed at a controlled access lot, the width of the lot 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

b.

All owners of nonriparian lots in a subdivision who have riparian access rights on an access lot must jointly own the access lot.

c.

The owner shall record against the title of the affected properties covenants or other equally effective legal instruments that specify which lot owners have authority to use the access lot. The covenants must do the following:

1.

Limit the allowed number of vehicle parking.

2.

Limit the allowed number of watercraft that the owners moor, dock or store over water. This shall not include temporary docking.

3.

Require centralization of all common facilities and activities to lessen topographic and vegetative alterations.

4.

Require screening of all parking areas, storage buildings and other facilities from a public water, assuming summer conditions. Screening shall use vegetation or topography as much as practical.

(c)

Placement, design and height of structures. Placement, design and height of structures shall be in accordance with the following:

(1)

Structure placement. Where structures exist on the adjoining lots on both sides of a proposed building site, the owner or builder may change the structure's setbacks without a variance to meet the adjoining structure's setbacks from the ordinary high-water level, if the proposed building site is not in a shore impact zone or in a bluff impact zone.

a.

Regardless of a waterbody's classification, the owner or builder shall set structures or facilities back at least 30 feet from the top of a bluff and 50 feet from an unplatted cemetery.

b.

There shall be no structures or accessory facilities, except stairways and landings, within bluff impact zones.

c.

Nonresidential uses without water-oriented needs shall not be on lots with public water frontage unless one of the following conditions is met:

1.

The use or structure has double the normal setback from the ordinary high-water level; or

2.

The use or structure is largely screened from view from the water by vegetation or topography, assuming summer conditions.

(2)

Design criteria for structures. Design criteria for structures shall be as follows:

a.

Floodplain regulations. Development must follow the city's floodplain regulations in article VIII of this chapter.

b.

Water-oriented accessory structures. Each lot may have no more than one water-oriented accessory structure not meeting the normal structure setback in subsection (a) of this section, subject to the following conditions:

1.

The maximum height shall not exceed ten feet, exclusive of safety rails. However, detached decks shall not exceed eight feet above grade at any point.

2.

The maximum area shall not exceed 250 square feet. However, on general development and recreational development waterbodies, the maximum area of water-oriented accessory structures used solely for watercraft storage shall be 400 square feet, provided the maximum width of the structure is 20 feet as measured parallel to the shape of the shoreline. These structures may include the storage of related boating and water-oriented sporting equipment.

3.

The setback from the ordinary high-water level must be at least ten feet.

4.

The owner or builder shall use vegetation (assuming summer conditions), topography, increased setbacks or color to reduce the visibility of the structure from public waters or adjacent shorelands.

5.

The owner may use the roof as a deck, but the owner or builder shall not enclose, cover or use the roof for a storage area.

6.

The owner or builder shall not design or use the structure or facility as a dwelling or living space. The structure shall not contain sanitary facilities or sewage treatment facilities.

c.

Stairways, lifts and landings. Owners or contractors shall not grade bluffs and steep slopes for the sole purpose of access to a public water, where they can build or install stairways or lifts. Stairways and lifts must meet the following design requirements:

1.

Stairways and lifts must not exceed four feet in width on single dwelling lots.

2.

Landings for stairways and lifts on single-dwelling lots must not exceed 32 square feet in area.

3.

Stairways, lifts or landings shall not have canopies or roofs.

4.

Whenever practical, stairways, lifts or landings shall be in the most visually inconspicuous part of a lot, as viewed from a public water during the summer.

5.

Ramps, lifts or mobility paths for physically handicapped persons are allowed to get to shore areas, if the owner or builder follows the standards of subsections (c)(2)c.1 through (c)(2)c.4 of this section and the requirements of Minnesota Regulations, chapter 1340.

d.

Steep slopes. The city engineer must evaluate the possible soil erosion impacts and development visibility from public waters before issuing a permit to construct sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When the city engineer determines it necessary, he shall attach conditions to permits. These conditions shall prevent erosion and preserve vegetation that screens structures, vehicles or other facilities as viewed from the surface of public waters during the summer.

(3)

Height of structures. Unless approved as a shoreland planned unit development, the maximum height of all structures in residential districts, except churches and nonresidential agricultural structures, shall be 25 feet.

(Code 1982, § 36-566; Ord. No. 1014, § V, 9-14-2020)

All alterations in shoreland areas shall be subject to the city's wetland and stream protection and erosion control ordinances. In addition, the following shall apply:

(1)

Vegetation alterations. Vegetation alterations shall be in accordance with the following:

a.

This subsection on vegetation alterations does not apply to construction of the following uses:

1.

Structures and sewage treatment systems.

2.

Roads, ramps or parking areas.

b.

Vegetation may be removed or altered subject to the following standards:

1.

There shall be no intensive vegetation clearing within the shore or bluff impact zones or on steep slopes. For all other property, the city requires a conditional use permit to clear forestland that is visible from a public water. Such a proposal requires an erosion control and sedimentation plan approved by the city engineer and based on the Ramsey County Soil and Water Conservation District Erosion Control Manual.

2.

The city shall allow limited cutting, pruning or trimming of trees or shrubs in shore and bluff impact zones and on steep slopes. This cutting, pruning or trimming shall be limited to providing a view of the water from the site of a dwelling or to allow for the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas or water-oriented accessory structures or facilities. Such limited clearing is subject to the following conditions:

i.

Such work not significantly reducing the screening of structures, vehicles or other facilities as viewed from the water during the summer.

ii.

Preserving the shading of water surfaces along rivers.

iii.

Subsections (1)b.2.i and (1)b.2.ii of this section are not applicable to the removal of trees, limbs or branches that are dead, diseased or are safety hazards.

(2)

Topographic alterations; grading and filling. Topographic alterations and grading and filling shall be in accordance with the following:

a.

Unless part of a building permit, the city shall require a grading and filling permit for the following:

1.

The movement of more than ten cubic yards of material on steep slopes, within shore impact zones or in bluff impact zones.

2.

The movement of more than 50 cubic yards of material outside steep slopes, shore impact zones or bluff impact zones.

b.

The following requirements shall apply to construction permits, grading and filling permits, conditional use permits, variances or subdivisions:

1.

Wetlands shall not be filled without a permit from the watershed board.

2.

The owner or contractor shall design and conduct alterations to ensure that the work exposes only the smallest amount of bare ground for the shortest time possible.

3.

All development and site work shall meet the city's erosion control ordinance.

4.

The owner or contractor shall not place fill or excavated material in bluff impact zones.

5.

The commissioner must authorize all alterations below the ordinary high-water level.

6.

Topographic changes shall only be done if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.

7.

The city will permit the placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, if the following conditions are met:

i.

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

ii.

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

iii.

The height of the riprap above the ordinary high-water level does not exceed three feet.

c.

The commissioner must approve all connections to public waters. This includes excavations where the intended purpose is to connect to a public water, such as boat slips, canals, lagoons or harbors.

(Code 1982, § 36-567)

(a)

Owners and contractors shall design public and private streets, driveways or parking areas to take advantage of natural vegetation and topography to achieve maximum screening from public waters.

(b)

Streets, driveways or parking areas shall meet structure setback standards from the ordinary high-water level. These facilities shall not be within bluff or shore impact zones if there are other reasonable options. If no reasonable options exist, these facilities may be placed within bluff and shore impact areas. However, the owners and contractors of these facilities must design and install them to reduce adverse impacts.

(c)

Watercraft access ramps, approach roads or access-related parking may be within shore impact zones if the vegetative screening and erosion control conditions of this article are met.

(Code 1982, § 36-568)

(a)

General standards. General standards for stormwater management shall be as follows:

(1)

When possible, designers and contractors must use natural drainageways, wetlands and vegetated soil surfaces to convey, store, filter and hold stormwater runoff before it discharges to public waters.

(2)

Development must be planned and conducted to minimize disturbed areas, runoff velocities and erosion.

(3)

Developments shall maximize the use of surface drainage and vegetation to control stormwater runoff. Where surface drainage and vegetation are not adequate to handle stormwater runoff, the city will allow the use of buried pipes and manmade materials and facilities.

(b)

Specific standards. Specific standards for stormwater are as follows:

(1)

Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(2)

All development within shoreland areas shall be consistent with the city drainage plan.

(Code 1982, § 36-569)

(a)

Standards for nonresidential uses. Standards for nonresidential uses are as follows:

(1)

Surface water-oriented nonresidential uses must meet the following standards:

a.

Such uses shall have topographic and vegetative screening of parking areas and structures.

b.

Uses that require shortterm watercraft mooring for patrons must centralize these facilities and design them to avoid navigation obstructions and to be the minimum size necessary.

(2)

Nonresidential uses without water-oriented needs and having frontage on a public water must meet one of the following standards:

a.

Double the normal setback from the ordinary high-water level setback; or

b.

Screen the use from view from the water by vegetation or topography, assuming summer conditions.

(b)

Mining. Processing machinery shall meet the structure setback standards from the ordinary high-water level and from bluffs.

(Code 1982, § 36-570)

(a)

In addition to the normal standards for evaluating a conditional use permit, the following standards shall apply within shorelands:

(1)

There would be no soil erosion or pollution of public waters during or after construction.

(2)

The proposed plan would limit the visibility of structures from public waters (assuming summer conditions).

(3)

The types, uses and numbers of any watercraft that the project would generate would be compatible with the capacity of the public waters to handle these watercraft.

(b)

Conditional use permit conditions. The city council may attach special conditions in shorelands. Such conditions may include, but are not limited to, the following:

(1)

Increased setbacks from the ordinary high-water level.

(2)

Limitations on removing the natural vegetation or requiring the planting of additional vegetation.

(3)

Special location, design and use provisions for structures, sewage treatment systems, watercraft launching and docking areas or parking areas.

(Code 1982, § 36-571)

A deck may be added to or expanded on a structure if the deck would be within the required setback from the ordinary high-water level. The deck must meet all of the following criteria:

(1)

The structure existed when the city established the structure setbacks.

(2)

There is no reasonable location for a deck that meets or exceeds 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 would be primarily wood and not have a roof, screening or windows.

(Code 1982, § 36-572)

Each lot created through subdivision shall be suitable for development with minimal alteration. The city shall not consider lots suitable for development that would create any of the following effects:

(1)

Susceptibility to flooding.

(2)

Filling wetlands.

(3)

Building on soils with severe development limitations.

(4)

Creating severe erosion potential.

(5)

Building on steep topography.

(6)

Inadequate water supply or sewage treatment capabilities.

(7)

Creating a loss of protected wildlife habitat.

(Code 1982, § 36-573)

(a)

Suitable area evaluation. The city shall determine the suitable area for calculating the density of a residential shoreland planned unit development (PUD) as follows:

(1)

The project site shall be divided into tiers. Tier boundaries shall be approximately parallel to the boundary of the public water at the following intervals, going landward from the public water:

(2)

The suitable area within each tier shall exclude wetlands, bluffs or drainage easements for stormwater ponds.

(b)

Residential shoreland PUD density evaluation. The procedures for determining the base density of a shoreland PUD and density increase multipliers are as follows. The city or the developer may transfer allowable densities from any tier to any other tier further from the waterbody. The developer or owner may not transfer allowable densities to a tier closer to a waterbody:

(1)

To determine the residential shoreland PUD base density, divide the suitable area within each tier by the minimum lot size for lakes or the minimum lot width times the tier depth for creeks.

(2)

Density increase multipliers:

a.

The maximum base densities may be increased if the proposed plan meets or exceeds the dimensional standards in section 44-1242 and the other criteria in this section.

b.

The city shall allow the density increases in subsection (b)(2)c of this section if:

1.

The developer increases the structure setbacks from the ordinary high-water level to at least 50 percent greater than the minimum setback; or

2.

The proposal reduces the impact on the public water an equivalent amount with vegetation, topography or other means acceptable to the city and the setback is at least 25 percent greater than the minimum setback.

c.

Allowable density increases for residential shoreland planned unit developments shall be as follows:

d.

Regardless of subsection (b)(2)c of this section, the density may not increase above the density allowed by the city's land use plan.

(c)

Open space requirements. Shoreland planned unit developments must contain open space meeting all of the following criteria:

(1)

At least 50 percent of the total project area shall be open space.

(2)

The city shall not include dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures as open space.

(3)

Open space may include outdoor recreational facilities or water-oriented accessory structures or facilities.

(4)

For residential shoreland PUDs, at least 50 percent of the shore impact zone of existing developments or at least 70 percent of the shore impact zone of new developments must be preserved in its natural state.

(d)

Stormwater management. Each shoreland PUD must have a stormwater management plan consistent with the city's drainage plan and erosion control ordinance.

(e)

Centralization and design of structures and impervious surfaces. The following standards shall apply to shoreland PUDs:

(1)

On-site water and sewage systems must be centralized.

(2)

The plans shall cluster buildings and impervious surfaces to maximize open space.

(3)

The plans shall centralize shore recreation facilities. Shore recreation facilities shall include, but not be limited to, swimming areas, docks, watercraft mooring areas and launching ramps. The number of spaces provided for the regular beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier, except existing mooring sites in an existing commercially used harbor. The developer or owner may provide launching ramp facilities, including a small dock for loading and unloading equipment, for use by occupants of dwelling units or sites located in other tiers.

(4)

The developer shall design structures, parking areas and other facilities to reduce their visibility (under summer conditions) from public waters and adjacent shorelands. This design shall use vegetation, topography, increased setbacks, color or other means. The plans shall use existing vegetative and topographic screening as much as possible. The city may require additional vegetation to help screen these facilities.

(5)

All accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback. The plans shall centralize all accessory structures and facilities.

(6)

The city may allow water-oriented accessory structures and facilities if they meet or exceed the design standards in section 44-1242. The plans shall centralize all water-orientated accessory structures.

(Code 1982, § 36-574; Ord. No. 1014, § V, 9-14-2020)

Editor's note— Ord. No. 1014, § V, adopted Sept. 14, 2020, changed the title of § 44-1250 from "Planned unit development" to read as herein set out.