Mendota Heights City Zoning Code
CHAPTER 6
CRITICAL AREA OVERLAY DISTRICT
12-6A-1: AUTHORITY, POLICY AND INTENT:
A. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) Overlay District Chapter is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.
B. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the State to regulate the subdivision, use, and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas.
C. Intent. The Mississippi River Corridor Critical Area regulations are intended to:
1. Establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district.
2. Identify development standards and considerations for land uses that have potential to negatively affect primary conservation areas and public river corridor views.
3. Establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is established consistent with the purpose of the MRCCA.
4. Establish design standards for private facilities that are consistent with best management practices and that minimize impacts to Primary Conservation Areas (PCAs), Public River Corridor Views (PRCVs) and other resources identified in the MRCCA plan.
5. Establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan while recognizing that they serve the public interest by providing access to the Mississippi River Corridor or require locations within the river corridor and therefor require some flexibility.
6. Establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and critical area steep slopes and ensure stability of other erosion-prone areas.
7. Establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.
8. To create standards for subdivisions and development or redevelopment of sites that protect and enhance the natural and scenic value of the MRCCA, protect and restore biological and ecological functions of primary conservation areas, and encourage restoration of native vegetation where restoration opportunities have been identified in the MRCCA Plan. (Ord. 568, 9-23-2021, amd. Ord. 592, 9-17-2024)
12-6A-2: GENERAL PROVISIONS AND DEFINITIONS:
A. Jurisdiction. The provisions of this Chapter apply to land within the river corridor boundary as described in the State Register, Volume 43, pages 508 to 519 and shown on the City’s official zoning or MRCCA maps on file with the City.
B. Enforcement. The City Zoning Administrator and Public Works Director are jointly responsible for the administration and enforcement of this Chapter. Any violation of its provisions 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 Chapter can occur regardless of whether or not a permit is required for a regulated activity listed in Section [12-5B-1
].
C. Severability. If any section, clause, provision, or portion of this Chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
D. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. To the extent any other Chapters or sections are inconsistent with this Chapter, the provisions of this Chapter shall prevail.
E. Underlying Zoning. Uses and standards of underlying Zoning Districts apply except where standards of this Chapter are more restrictive. (Ord. 592, 9-17-2024)
12-6A-3: ADMINISTRATION:
A. Purpose. The purpose of this Section is to identify administrative provisions to ensure this Chapter is administered consistent with its purpose.
B. Permits. A Critical Area Permit is required for the construction of any new structure, building(s) or building addition(s), including construction of decks, retaining walls, signs, the installation and/or alteration of sewage treatment systems, vegetation removal consistent with [Section 12-6A-9] and land alterations consistent with Section [12-6A-10].
C. Variances. Variances to the requirements under this Chapter may only be granted in accordance with Minnesota Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas (PCAs), public river corridor views (PRCVs), and other resources identified in the MRCCA Plan. In reviewing the Variance application, and before granting a Variance, the City shall:
1. Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, and consistent with Section [12-6A-3
E] (below); and
2. Make written findings that the variance is consistent with the purposes and scope of this Chapter as follows:
a. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;
b. The Variance is consistent with the character and management purpose of the MRCCA District in which it is located;
c. The Variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and
d. The Variance will not negatively affect other MRCCA resources identified in the City’s MRCCA Plan such as wetlands, river overlooks, parks, and open space.
D. Conditional and Interim Use Permits. All Conditional and Interim uses required under this Chapter must comply with Minnesota Statutes, Section 462.3595 and 462.3597 respectively, and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the City’s MRCCA Plan. In reviewing the application, and before granting a Conditional or Interim use Permit, the City shall:
1. Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section [12-6A-3
E / 12-6A-3.1] (below); and
2. Make written findings that the Conditional or Interim Use is consistent with the purpose of this Chapter as follows.
a. The extent, location, and intensity of the Conditional or Interim Use will be in substantial compliance with the MRCCA Plan;
b. The Conditional or Interim Use is consistent with the character and management purpose of the MRCCA District in which it is located;
c. The Conditional or Interim Use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present, and reasonable future actions; and
d. The Conditional or Interim Use will not negatively affect other resources identified in the City’s MRCCA Plan, such as wetlands, river overlooks, and parks and open space.
E. Conditions of Approval and Mitigation. The City shall evaluate the impacts to PCAs, PRCVs and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include, but is not limited to:
1. Restoration of vegetation identified as “vegetation restoration priorities” in the City’s MRCCA Plan;
2. Preservation of existing vegetation;
3. Increasing, enhancing, and or connecting habitat for pollinators, birds, and other wildlife;
4. Stormwater runoff management;
5. Reducing impervious surfaces;
6. Increasing structure setbacks;
7. Wetland and drainage route restoration and/or preservation;
8. Limiting the height of structures;
9. Modifying structure design to limit visual impacts on the PRCVs; and
10. Other conservation measures.
F. Nonconformities.
1. All legally established nonconformities as of the date of this Zoning Ordinance may continue and will be regulated consistent with Minnesota Statutes, Section 462.357, Subd. 1e.
2. New structures erected in conformance with the setback averaging provisions of [Section 12-6A-6] are conforming structures.
3. Site alterations and expansion of site alterations that were legally made prior to the effective date of this Zoning Ordinance are conforming. Site alterations include vegetation, erosion control, stormwater control measures, and other nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback requirements of Section [12-6A-6C] may be expanded laterally provided that:
a. The expansion does not extend into the Shore or Bluff Impact Zone or further into the required setback than the building line of the existing principal structure [Figure 12-6A-3.1]; and
b. The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development.
Figure 12-6A- 3.1 Expansion of Nonconforming Structures Diagram
G. Accommodating Disabilities. Reasonable accommodation for ramps and other facilities to provide persons with disabilities access to the person’s property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, Chapter 1341, must:
a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation, provided that the permit’s termination date may be extended or the termination event may be modified upon request, as required by federal and state law; and
b. Upon expiration of the permit, the ramp or other facilities must be removed. (Ord. 568, 9-23-2021; amd. Ord. 592, 9-17-2024)
12-6A-4: MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) DISTRICTS:
A. Purpose. The purpose of this Section is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district.
B. MRCCA District Map. The locations and boundaries of the MRCCA Districts established by this Chapter are shown on the MRCCA Overlay District Map which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross property that has not been subdivided, the district boundary line is determined by the use of dimensions or the scale appearing on the map. For purposes of determining the application of this Chapter to any particular parcel of land, the above referenced map shall be on file in the Office of the Zoning Administrator and shall be available for inspection and copying.
C. District Description and Management Purpose. The MRCCA within the City is divided into the following three (3) separate MRCCA Districts:
1. Rural and Open Space (ROS).
a. Description. The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the District.
b. Management Purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas.
2. River Neighborhood (RN).
a. Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The District includes parks and open space, limited commercial development, marinas, and related land uses.
b. Management Purpose. The RN District must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated stormwater into the river and enhancing habitat and shoreline vegetation are priorities in the District.
3. Separated from River (SR).
a. Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The District includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this District is not readily visible from the Mississippi River.
b. Management Purpose. The SR District provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and the flow of untreated stormwater into the river are priorities in the District. In addition, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are also priorities in the District. (Ord. 568, 9-23-2021; amd. Ord. 592, 9-17-2024)
12-6A-5: SPECIAL LAND USE PROVISIONS:
A. Purpose. The purpose of this Section is to identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views.
B. Underlying Zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses:
1. Agricultural use. Perennial ground cover is required within 50-feet of the ordinary high-water level and within the Bluff Impact Zone.
2. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, Chapter 7020.
3. Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota, as it may be amended or revised from time to time.
4. Nonmetallic mining. Nonmetallic mining requires a Conditional Use Permit or Interim Use Permit issued by the local government, subject to the following:
a. New nonmetallic mining is prohibited within the Shore Impact Zone and Bluff Impact Zone and within the required structure setback from the bluffline and OHWL;
b. Processing machinery must be located consistent with setback standards for structures as provided in [Section 12-6A-6
C];
c. Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation;
d. New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area;
e. A Site Management Plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the Site Plan throughout the duration of operations at the site. The Site Management Plan must:
(1) Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters;
(2) Explain where staged reclamation may occur at certain points during the life of the site;
(3) Address dust, noise, stormwater management, possible pollutant discharges, days and hours of operation, and duration of operations; and
(4) Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land.
f. Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this Chapter.
5. River-dependent Uses. River-dependent uses must comply with the following design standards:
a. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river-dependent uses as provided in [Section 12-6A-15], must meet the dimensional and performance standards in this Chapter must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation;
b. Shoreline facilities must comply with Minnesota Rules, Chapter 6115 and must:
(1) Be designed in a compact fashion so as to minimize the shoreline area affected; and
(2) Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served.
c. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.
6. Wireless Communication Towers. Wireless communication towers require a conditional or interim use permit and are subject to the following design standards:
a. The Applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA;
b. The tower must not be located in a Bluff or Shore Impact Zone;
c. Placement of the tower must minimize impacts on public river corridor views; and
d. Comply with the general design standards in Section 12-6A-8
.B. (Ord. 568, 9-23-2021; amd. Ord. 592, 9-17-2024)
12-6A-6: STRUCTURE HEIGHT, PLACEMENT AND LOT SIZE:
A. Purpose. The purpose of this Section is to establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA.
B. Structure Height. Structures and facilities must comply with the following standards unless identified as exempt in [Section 12-6A-15
].
1. ROS District. The lesser of the height standard as determined by the underlying Zoning District or 35-feet.
2. RN District. The lesser of the height standard as determined by the underlying Zoning District or 35-feet.
3. SR District. Height is determined by the underlying Zoning District, provided the allowed height is consistent with that of the mature tree line, where present, and existing surrounding development, as viewed from the OHWL of the opposite shore.
4. Height shall be measured on the side of the structure facing the Mississippi River.
5. In addition to the Conditional Use Permit requirements of [Section 12-6A-3
.D], criteria for considering whether to grant a Conditional Use Permit for structures exceeding the height limits must include:
a. Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities;
b. Determination that the proposed structure meets the required bluff and OHWL setbacks;
c. Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:
(1) Placing the long axis of the building perpendicular to the river;
(2) Stepping back of portions of the facade;
(3) Lowering the roof pitch or use of a flat roof;
(4) Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials;
(5) Narrowing the profile of upper floors of the building; or
(6) Increasing the setbacks of the building from the Mississippi River or blufflines.
d. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and
e. Opportunities for creation or enhancement of public river corridor views.
C. Location of Structure and Impervious Surfaces.
1. Structures and impervious surfaces must not be placed in the Shore or Bluff Impact Zones unless identified as an exemption in [Section 12-6A-15
].
2. Structures and facilities, including impervious surfaces, must comply with the following OHWL setback provisions unless identified as exempt in [Section 12-6A-15
].
a. ROS District: 200-feet from the Mississippi River and 150-feet from the Minnesota River.
b. RN District: 100-feet from the Mississippi River.
c. SR District: (not applicable in the City of Mendota Heights)
3. Structures and facilities including impervious surfaces, must comply with the following bluffline setback provisions unless identified as exempt in [Section 12-6A-15
]:
a. ROS District: 100-feet.
b. RN District: 40-feet.
c. SR District: 40-feet.
4. Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure’s scale and bulk riverward or bluffward of the setbacks required under [Sections 12-6A-6
C2 and 12-6A-6
C3] are consistent with adjoining development. [See Figure 12-6A-6
.1].
Figure 12-6A-6.1 Structure Setback Averaging Diagram
5. Sub surf ace sew age trea tme nt systems, including the septic tank and absorption area, must be located at least 75-feet from the ordinary high-water level of the Mississippi River and all other public waters.
D. Lot Size and Buildable Area.
1. Lots abutting the Mississippi River in the ROS District must be at least 200-feet in width, unless alternative design methods are used that provide greater protection of the riparian area.
12-6A-7: PERFORMANCE STANDARDS FOR PRIVATE FACILITIES:
A. Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views, and other resources identified in the MRCCA Plan.
C. Private Roads, Driveways, and Parking Areas. Except as provided in [Section 12-6A-15
], private roads, driveways, and parking areas must:
1. Be designed to take advantage of natural vegetation and topography so that they are not readily visible;
D. Private water access and viewing facilities.
1. Private access paths must be no more than:
a. 8-feet (8') wide, if placed within the Shore Impact Zone; and
b. 4-feet (4') wide, if placed within the Bluff Impact Zone.
2. Private water access ramps must:
a. Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and
b. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities.
3. Design and construction of private stairways, lifts, and landings are subject to the following standards:
a. Stairways and lifts must not exceed 4-feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by a Conditional Use Permit;
b. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings larger than 32 square feet are allowed for commercial properties and residential facilities held in common, if approved by a Conditional Use Permit;
c. Canopies or roofs are prohibited on stairways, lifts, or landings;
d. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and
4. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300' in width at the ordinary high-water level, with one additional water-oriented accessory structure allowed for each additional 300-feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the Bluff Impact Zone and must:
a. Not exceed 12-feet in height;
b. Not exceed one 120 square feet in area; and
c. Be placed a minimum of ten-feet from the ordinary high water level.
1. The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback;
2. The area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area between the required setback and the 15 percent using the formula:
[Required setback depth (ft.) x 0.15 x lot width at setback (ft.) x 0.25 = maximum total area]
Figure 12-6A-7.1 Deck and Patio Encroachment Diagram
F. Fences. Fences between principal structures and the river are allowed if fences are:
1. Not higher than six-feet;
2. Not located within the SIZ and BIZ; and
3. Not located in the regulatory floodplain. (Ord. 592, 9-17-2024)
12-6A-8: PERFORMANCE STANDARDS FOR PUBLIC FACILITIES:
A. Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA Plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility.
B. General Design Standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;
3. Be consistent with the vegetation management standards in [Section 12-6A-9
] and the land alteration and stormwater management standards in [Section 12-3-10], including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as may be amended or revised from time to time, where applicable;
4. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and
5. Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting;
6. Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting.
C. Right-of-Way Maintenance Standards. Right-of-way maintenance must comply with the following standards:
1. Vegetation currently in a natural state must be maintained to the extent feasible;
2. Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and
3. Chemical control of vegetation must be avoided when practical, but when chemical control is necessary, the chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use.
D. Crossings of Public Waters or Public Land. Crossings of public waters or land controlled by the Commissioner are subject to approval by the Commissioner according to Minnesota Statutes, Sections 84.415 and 103G.245.
E. Public Utilities. Public utilities must comply with the following standards:
1. High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and pipelines are regulated according to Minnesota Statutes, Chapter 216E, 216F, and 216G respectively; and
2. If overhead placement is necessary, utility facility crossings must minimize the visibility of the facility from the river and follow other existing right of ways as much as practicable.
3. The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color.
F. Public Transportation Facilities. Public transportation facilities shall comply with the structure placement and height standards in [Section 12-6A-6
.] Where such facilities intersect or abut two or more MRCCA Districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians;
2. Providing safe pedestrian crossings and facilities along the river corridor;
3. Providing access to the riverfront in public ownership; and
4. Allowing for use of the land between the river and the transportation facility.
G. Public Recreational Facilities. Public recreational facilities must comply with the following standards:
2. Roads and driveways associated with public recreational facilities must not be placed in the Bluff or Shore Impact Zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources.
3. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the Bluff and Shore Impact Zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in the Minnesota Department of Natural Resources’ Trail Planning, Design, and Development Guidelines, as they may be amended or revised from time to time.
a. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural surface trails are allowed, provided they do not exceed 8-feet in width.
b. Trails, paths, and viewing areas must be designed and constructed to minimize:
(1) Visibility from the river;
(2) Visual impacts on public river corridor views; and
(3) Disturbance to and fragmentation of primary conservation areas.
4. Public water access facilities must comply with the following requirements:
a. Watercraft access ramps must comply with Minnesota Rules, Chapters 6115.0210 and 6280.0250; and
b. Facilities must be designed and constructed consistent with the standards in the Design Handbook for Recreational Boating and Fishing Facilities, as they may be amended or revised from time to time.
5. Public signs and kiosks for interpretive or directional purposes are allowed in the Bluff or Shore Impact Zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward.
6. Public stairways, lifts, and landings must be designed as provided in [Section 12-6A-7
.D.3]. (Ord. 592, 9-17-2024)
12-6A-9: VEGETATION MANAGEMENT:
A. Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain the stability of bluffs and steep slopes and ensure stability of other erosion-prone areas.
B. Applicability. This Section applies to:
1. Shore Impact Zones;
2. Areas within 50-feet of a wetland or natural drainage route;
3. Bluff Impact Zones;
4. Areas of native plant communities; and
5. Significant existing vegetation stands identified in the MRCCA Plan.
C. Activities Allowed Without a Vegetation Permit.
1. Maintenance of existing lawns, landscaping and gardens.
2. Removal of vegetation in emergency situations as determined by the City.
4. Agricultural and forestry activities meeting the standards of [Section 12-6A-5
.B.1 and 12-6A-5.B.3].
5. Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including the removal of:
a. Vegetation that is dead, diseased, dying, or hazardous;
b. Vegetation to prevent the spread of diseases or insect pests;
c. An individual tree or shrub; and
d. Invasive non-native species.
D. Activities Allowed With a Vegetation Permit.
1. Only the following intensive vegetation clearing activities are allowed with a vegetation permit:
a. Clearing of vegetation that is dead, diseased, dying, or hazardous;
b. Clearing to prevent the spread of diseases or insect pests;
c. Clearing to remove invasive, non-native species;
d. Selective removal of keystone species;
e. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City; and
f. The minimum necessary for development that is allowed with a building permit or as an exemption under [Section 12-6A-15
].
2. General Performance Standards. The following standards must be met, in addition to a restoration plan under [Section 12-6A-9
.F], in order for the City to approve a vegetation permit:
a. Development is sited to minimize removal of or disturbance to natural vegetation;
b. Soil slope stability, and hydrologic conditions are suitable for the proposed work as determined by the Public Works Director;
c. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views;
d. Vegetation removal activities are conducted to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and
e. Any other condition determined necessary to achieve the purpose of this Section.
E. Prohibited Activities. All other intensive vegetation clearing is prohibited.
F. Vegetation Restoration Plan.
1. Development of a Vegetation Restoration Plan and reestablishment of native vegetation is required.
b. Upon failure to comply with any provisions in this Section; or
2. Restoration Plan Performance Standards. The Vegetation Restoration Plan must satisfy the application submittal requirements in [Section 12-6A-12
] and:
a. Vegetation must be restored in one or more of the following restoration priority areas:
(1) Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;
(2) Shoreline areas within 25' of the water with no natural vegetation, degraded vegetation, or planted with turf grass;
(3) Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or
(4) Other approved priority opportunity areas, including priorities identified in the MRCCA Plan.
b. Include native vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines, as they may be amended or revised from time to time.
c. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density.
d. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable.
e. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed to the greatest extent practicable.
f. Be prepared by a qualified individual or a licensed professional familiar with and experienced with native landscape materials and planting techniques; and
g. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years.
3. The City will issue a certificate of compliance after the Vegetation Restoration Plan requirements have been completed to the satisfaction of Public Works Director. (Ord. 592, 9-17-2024)
12-6A-10: LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT:
A. Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants, and maintain the stability of bluffs, shorelines, and other areas prone to erosion.
B. Land Alteration.
1. Within the Bluff Impact Zone, land alteration is prohibited, except for the following, which are allowed only by permit.
a. Erosion control consistent with a plan approved by the City and consistent with [Section 12-6A-10
.F.]
b. The minimum necessary for development that is allowed as an exception under [Section 12-6A-15
]; and
c. Repair and maintenance of existing buildings and facilities.
2. Within the water quality impact zone, land alteration that involves more than ten (10) cubic yards of material or affects an area greater than one 1,000 square feet requires a permit.
C. Rock Riprap, Retaining Walls, and other Erosion Control Structures.
1. Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, Part 6115.0215, Subp. 4, Item E, and 6115.0216, Subp. 2. Work must not proceed until approved by the Commissioner, permitted by the US Army Corps of Engineers and all other permits are obtained. [See Figure 12-6A-10.1
].
Figure 12-6A-10.1. Rip Rap Guidelines Diagram
2. Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the Bluff Impact Zone and the water quality impact zone are allowed with a permit consistent with the provisions of [Section 12-3-10.F] provided that:
a. If the project includes work at or below the OHWL, the Commissioner must approve or permit the project.
b. The structures are used only to correct an established erosion problem as determined by the City.
c. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem:
(1) Retaining walls must not exceed 5-feet in height and must be placed a minimum horizontal distance of 10-feet apart; and
(2) Riprap must not exceed the height of the regulatory flood protection elevation.
3. Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration.
D. Stormwater Management.
1. In the Bluff Impact Zone, stormwater management facilities are prohibited, except by permit if:
a. There are no alternatives for stormwater treatment outside the Bluff Impact Zone on the subject site;
b. The site generating runoff is designed so that the amount of runoff reaching the Bluff Impact Zone is reduced to the greatest extent practicable;
c. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and
d. Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure.
2. In the Water Quality Impact Zone, development that creates new impervious surface, as allowed by exemption in [Section 12-6A-15
], or fully reconstructs existing impervious surface of more than 10,000 square feet requires a Stormwater Permit. Multipurpose trails and sidewalks are exempt if there is down-gradient vegetation or a filter strip that is at least 5-feet wide.
3. In all other areas, stormwater runoff must be directed away from the Bluff Impact Zones or unstable areas.
E. Development on Steep Slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities may be allowed on steep slopes, except for those areas in the Bluff Impact Zone, and only if:
1. The Applicant can demonstrate that the proposed development can be accomplished without increasing erosion or stormwater runoff;
2. The soil types and geology are suitable for the proposed development; and
F. Conditions of Land Alteration Permit Approval. No permit for land alteration shall be approved unless:
1. Temporary and permanent erosion and sediment control measures to retain sediment onsite are consistent with the best management practices in the Minnesota Stormwater Manual, as it may be amended or revised from time to time;
2. Natural site topography, and soil and vegetation conditions are used to control runoff and reduce erosion and sedimentation;
3. Construction activity is phased when possible;
4. All erosion and sediment controls are installed before starting any land disturbance activity;
5. Erosion and sediment controls are maintained to ensure effective operation;
7. Best management practices are used for protecting and enhancing ecological and water resources as identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as it may be amended or revised from time to time.
G. Compliance with Other Plans and Programs. All development must:
1. Be consistent with Minnesota Statutes, Chapter 103B, and local water management plans completed under Minnesota Statutes, Chapter 8410;
2. Meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420; and
3. Meet or exceed the floodplain management standards under Minnesota Rules, Sections 6120. 5000 - 6120.6200. (Ord. 592, 9-17-2024)
12-6A-11: SUBDIVISION AND LAND DEVELOPMENT STANDARDS:
A. Purpose.
1. To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites within the corridor;
2. To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and
3. To encourage restoration of native vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans.
B. Applicability.
1. The design standards in this Section apply to subdivisions, planned unit developments, and master-planned development and redevelopment of land involving ten (10) or more acres for contiguous parcels that abut the Mississippi River and 20 or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times:
a. Subdivisions;
b. Planned Unit Developments; and
c. Master-planned development and redevelopment of land.
2. The following activities are exempt from the requirements of this Section:
a. Minor subdivisions consisting of two (2) or fewer lots;
b. Minor boundary line corrections;
c. Resolutions of encroachments;
d. Additions to existing lots of record;
e. Placement of essential services; and
f. Activities involving river-dependent commercial and industrial uses.
3. Application materials. Project information listed in [Section 12-6A-12
] must be submitted for all proposed developments.
4. Design standards.
a. Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area:
(1) ROS District: 50 percent;
(2) RN District: 20 percent; and
(3) SR District: Ten percent if the parcel includes native plant communities or provides feasible connections to a regional park or trail system, otherwise no requirement.
b. If the primary conservation areas exceed the amounts specified in [Section 12-6A-11
.B.4.(a)], then protection of native plant communities and natural vegetation in riparian areas shall be prioritized.
c. If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to [Section 12-6A-9
.F].
d. If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA Plan as a restoration area, vegetation must be restored in the identified areas according to [Section 12-6A-9
.F], and the area must be set aside and designated as protected open space.
e. Stormwater treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions.
f. Transfer of development rights or the dedication of steep slopes, drainageways and wetlands as allowed under [Section 11-1-8
], or the dedication of land for public uses, including (but not limited to) public river access, parks, other open spaces or public facilities, and as allowed under [Section 11-5-1
] of the Mendota Heights City Code, may be counted toward the protected open space requirement.
g. Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.
5. Permanent protection of designated open space.
a. Designated open space areas must be protected through one or more of the following methods:
(1) Public acquisition by a government entity for conservation purposes;
(2) A permanent conservation easement, as provided in Minnesota Statutes, Chapter 84C;
(3) A deed restriction; or
(4) Other arrangements that achieve an equivalent degree of protection.
b. Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.
6. Alternative design standards. The City will consider the following alternative design option to increase the permanent protection of Primary Conservation Areas (PCAs) in subdivisions and other new developments in the MRCCA District and encourage restoration of native vegetation communities:
a. The City will grant density bonuses to increase the permanent protection of PCAs and/or native plant communities up to 20 percent of the parcel area in the RN and SR Districts, provided the protection and restoration of the entire development site is consistent with the requirements of this Section;
b. The City may approve density bonuses for a subdivision when the proposed subdivision meets the objectives and requirements of this Chapter to protect and preserve bluffs, steep slopes, native vegetation, natural resources, views of the bluffs area, and open space; and
c. The City shall determine the amount and location of the density bonus permitted for each subdivision based on site conditions, zoning district regulations, and potential impacts to the site and surrounding areas.
d. Alterative design standards may be considered through a planned unit development or cluster development. Individual lots in a planned unit development or cluster development may not be required to meet the design standards of this Section if it can be demonstrated that the overall development is compliant with the standards and purpose of this Section. (Ord. 592, 9-17-2024)
12-6A-12: SITE PLAN REQUIREMENTS:
A. Site Plan Required. No building permit, zoning approval, or subdivision approval shall be issued for any action or development located in an area covered by this Chapter until a Site Plan has been prepared and approved in accordance with the provisions of this
B. Site Plan Application. An official Critical Area Permit Application with a completed Site Plan shall be filed with the Zoning Administrator containing evidence adequate to show that the proposed use will conform with the standards set forth in this Chapter. Three (3) full sets of plans (either 22" x 34" or 24" x 36" sized sheets), three (3) tabloid sized (11" x 17") plan sets, plus an electronic file (PDF preferred) of the full application materials shall be submitted to the Zoning Administrator. No permit application shall be reviewed until it is complete.
C. Site Plan Contents. A fully detailed Survey or Site Plan drawn to scale appropriate to the size of the project and suitable for the review to be performed, shall contain the following information:
1. A detailed description or narrative prepared by the owner(s) or developer(s) of the proposed project or development.
2. A complete and legible legal description, address and location of the property, with the name and address of the legal registered owner(s) and developer(s) of the property.
3. A detailed plan identifying the subject property, adjoining lands, roads, railroads, existing subdivisions, any primary conservation areas (PCA); public river corridor views, ordinary high-water level (OHWL) of any adjacent or affected wetlands features, bluff-lines, and all required setbacks.
4. Existing topography as indicated on a contour map having a contour interval no greater than 2-feet per contour. The contour map shall also clearly delineate any bluff line, Bluff Impact Zone, all streams, including intermittent streams and swales, rivers, water bodies, any identifiable underground springs, and wetlands located on the site.
5. A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what rate the stormwater is conveyed from the site. The plan must also include those areas on the site where stormwater collects and is gradually percolated into the ground or slowly released to a stream or lake.
6. A description of the soils on the site, including a map indicating all soil types by area to be disturbed. The description shall also include a soil report containing detailed information on the suitability of the soils for the type of development proposed as well as for the type of sewage disposal proposed. The plan must also describe any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of existing topsoil and soil type of the new contour. The location and extent of any erosion areas shall be included in the soils description.
7. A description of any features, buildings, or areas which are of historic significance.
8. A plan indicating the proposed finished grades of the project development site illustrating contours at the same intervals proposed above or in more detail if required to clearly indicate the relationship of proposed changes to existing topography and remaining features.
9. A landscape plan drawn to an appropriate scale, including dimensions, distance, location, type, size, and description of all existing and significant vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to the site as part of the development. All new landscaping must include native varieties of deciduous, coniferous, and ornamental trees and shrubs, along with new pollinator friendly plants and vegetation, and no invasive species.
10. A proposed drainage plan of the developed site delineating in which direction, volume, and at what rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect and gradually percolate into the soil, or be slowly released to a stream or lake. The plan shall also set forth the hydraulic capacity of all structures to be constructed or exiting structures to be utilized, including volume or holding ponds.
11. An erosion and sedimentation control plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction, including the calculated anticipated gross soil loss expressed in tons/acres/year both during and after construction.
12. The proposed size, placement, alignment, height, and intended use of any structures, including retaining walls, to be erected or located on the site.
13. A clear delineation of all areas which will be paved or surfaced including a description of the surfacing material to be used.
14. A description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public river view opportunities both before and after development. The description must also include the development’s impact on existing views of and along the river.
15. A description of all parking facilities to be provided as part of the development, including an analysis of parking needs generated by the proposed development.
16. A clear delineation of the area or areas to be dedicated for public use.
17. A clear delineation of the location and amount of excavated soils to be stored on the site during construction.
18. Any other information pertinent to the project, which in the opinion of City Staff and/or the Applicant, is necessary or helpful for the review of the project.
D. Minor Development. A minor development and/or minor change involving a single-family dwelling, may be approved by the City Council without a Public Hearing if the project plans conform to the general standards of this Chapter. The City Administrator shall bring the request to the attention of the City Council at its next regular meeting following receipt of an administrative Critical Area Permit Application.
Eligible projects include, but are not limited to, minor building additions, decks, fences, driveways, walkways, stairs, open patios or outdoor sitting areas, accessory storage sheds, gazebos, chicken coops, retaining walls 2-feet or less in height, landscaping materials and gardens, and similar structures. Proposed projects and sites must comply with the following conditions:
1. No part of the project shall impact any area with slopes greater than 18 percent.
2. No part of the project shall impact, disturb or be situated in a bluffline setback area as defined by this Chapter, whether on the same parcel or on an abutting parcel of land,
3. The proposed project shall not expand the enclosed area of the principal or accessory structures by more than 200 square feet.
4. The proposed project shall not increase or exceed the height of any existing structure.
5. The proposed project shall be in compliance with all other requirements of this Chapter, and any other applicable regulations.
6. The proposed project shall not result in significant changes to the existing finished grade.
7. The proposed project areas shall include native vegetation. (Ord. 592, 9-17-2024)
12-6A-13: OFFICIAL REVIEW PROCESS:
Proposed developments or activities within the MRCCA shall be subject to the following review procedure:
A. Referral to Planning Commission. Except as otherwise provided in [Subsection 12-5B-4
B (Minor Developments)] of this Chapter, the Zoning Administrator shall refer all Critical Area Permits and Site Plans to the Planning Commission.
B. Planning Commission Notice and Hearing on Application and Site Plan. The Planning Commission shall hold a Public Hearing affording an opportunity for all parties interested to be heard. The City shall give not less than ten (10) nor more than 30 days’ notice of the time and place of the hearing. Notice of the hearing shall be published in the designated legal newspaper for the City, and shall contain a description of the land and the proposed use. At least ten (10) days before the hearing, the City shall mail a notice to the owner(s) of the property in question and to each of the property owners within 350-feet of the outside boundaries of the land described in the Site Plan. Failure of the City to mail such notice or failure of the property owners to receive said notice shall not invalidate the proceedings.
Within 60 days after the date the City receives a complete application , and unless the statutory review period as provided for under Minnesota Statute § 15.99 is extended or waived by the Applicant or the City as permitted by law, the Planning Commission shall conduct a hearing and forward a written report to the City Council stating its findings and recommendation.
C. City Council Consideration on Application and Site Plan. Within 30 days after the receipt of the written report and recommendation of the Planning Commission, the City Council shall meet and give full consideration to the application, Site Plan, written report, and recommendation, without a Public Hearing.
If the Planning Commission fails to make a written report or recommendation to the City Council within 60 days after the acceptance of the application and Site Plan, and unless the statutory review period has been expressly waived by the Applicant as allowed under Minnesota Statute § 15.99, the City shall set an additional Public Hearing before the City Council. The hearing must be held within 30 days after the expiration of the 60 day period. Failure to receive a written report and recommendation from the Planning Commission shall not invalidate the proceedings or action of the City Council.
The City shall give not less than ten (10) nor more than 30 days mailed notice of the time and place of a hearing to the owner(s) of the property in question and to each of the property owners within 350-feet of the outside boundaries of the land described in the Site Plan. Failure of the property owners to receive the notice shall not invalidate the proceedings.
After its consideration of an application and Site Plan, either with or without a Public Hearing, the City Council may take final action upon the application and Site Plan or may continue the hearing for further investigation and study. The City Council may also request further information from the Applicant or from the Planning Commission.
D. Amendments. Any proposed amendment to this Chapter may be referred to the Planning Commission for its consideration and recommendations. (Ord. 592, 9-17-2024)
12-6A-14: NOTIFICATION TO RESOURCE AGENCIES:
A. Amendments to this Chapter and to the MRCCA Plan must be submitted to the Commissioner as provided in Minnesota Rule, Part 6106.0070, Subp. 3, items B-1, and via email to the appropriate DNR Area Hydrologist.
B. Notice of Public Hearings for discretionary actions, including Critical Area Permits, Conditional and Interim Use Permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least 20 days prior to the hearing:
1. The Commissioner in a format prescribed by the DNR;
2. National Park Service; and
3. Where proposed building heights exceed the height limits specified in [Section 12-6A-6
] as part of the conditional use or variance process, to the adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river.
C. Notice of final decisions for actions in [Section 12-6A-13
], including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within (10) days of the final decision.
D. Requests to amend district boundaries must follow Minnesota Rule part 6106.0100, Subp. 9, Item C.
E. The DNR must be notified of master plans, PUDs, preliminary and final plats at the time of application submittal. (Ord. 592, 9-17-2024)
12-6A-15: EXEMPTIONS:
A. Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes, Section 116G.15 Subd. 4.
B. Applicability.
a. E - Exempt means that the use or activity is allowed;
b. (E) - Exempt if no alternative means that the use or activity is allowed only if no alternatives exist; and
c. N - Not exempt means that a use or activity is not exempt and must meet the standards of this Chapter
d. N/a - not applicable.
3. Use and activity exemptions classification.
a. General uses and activities.
Table 12-6A-15.1 General Uses and Activities
| |||||
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Table 12-6A-15.1 General Uses and Activities
| |||||
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries and railroad signaling towers) | N | E | N | N | Structure design and placement must minimize interference with public river corridor views. |
Barns, silos, and farm structures | N | E | N | N | |
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Bridges and bridge approach roadways | E | E | E | (E) | [Section 12-6A-8] |
Wireless communication towers | E | E | N | N | [Section 12-6A-5.B.6] |
Chimneys, church spires, flag poles, public monuments, and mechanical stacks and equipment | N | E | N | N | |
Historic properties and contributing properties in historic districts | E | E | E | E | Exemptions do not apply to additions or site alterations |
b. Public utilities.
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Electrical power facilities | E | E | E | (E) | [Section 12-6A-8] |
Essential services (other than stormwater facilities) | E | E | E | (E) | [Section 12-6A-8] |
Stormwater facilities | E | N | E | (E) | [Section 12-6A-10] |
Wastewater facilities | E | N | E | N | [Section 12-6A-8] |
Public transportation facilities | E | N | (E) | (E) | [Section 12-6A-8] |
c. Public recreational facilities.
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Use or Activity | Setbacks | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Accessory structures, such as monuments, flagpoles, light standards, and similar park features | E | E | (E) | (E) | [Section 12-6A-8
], within BIZ, only on slopes averaging less than 30%. Exemptions do not apply to principal structures. |
Picnic shelters and other open-sided structures | E | N | (E) | N | |
Parking lots | (E) | N | (E) | (E) | [Section 12-6A-8
; within BIZ, only within 20-feet of toe of bluff; not on face of bluff; and must not affect stability of bluff |
Roads and driveways | (E) | N | (E) | (E) | |
Natural-surfaced trails, access paths, and viewing platforms | E | N | E | E | |
Hard-surfaced trails and viewing platforms | E | N | E | (E) | [Section 12-6A-8; within BIZ, only on slopes averaging less than 30% |
Water access ramps | E | N | E | (E) | |
Public signs and kiosks for interpretive or directional purposes | E | N | E | (E) | |
d. River-dependent uses.
Table 12-6A-15.4 River-Dependent Uses
| |||||
Use or Activity | Setback s | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Shoreline facilities | E | N1 | E | (E) | [Section 12-6A-5.B.5]. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility |
Private roads and conveyance structures serving river-dependent uses | E | N1 | E | (E) | |
1. River-dependent commercial, industrial and utility structures are exempt from height limits only if greater height is required for operational reasons.
e. Private residential and commercial access and use facilities.
Table 12-6A-15.5 Private Residential and Commercial Access and Use Facilities
| |||||
Use or Activity | Setback s | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Table 12-6A-15.5 Private Residential and Commercial Access and Use Facilities
| |||||
Use or Activity | Setback s | Height Limits | Shore Impact Zone (SIZ) | Bluff Impact Zone (BIZ) | Applicable standards with which the use or activity must comply |
Private roads serving 3 or more lots | (E) | N | N | (E) | [Section 12-6A-7
]; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer than 3 lots or to private driveways and parking areas |
Access paths | E | N | E | E | |
Water access ramps | E | N | E | N | |
Stairways, lifts and landings | E | N | E | E | |
Water-oriented accessory structures | E | N | E | N | [Section 12-6A3-7] |
Patios and decks | E | N | N | N | [Section 12-6A-7.E] |
Temporary storage of docks, boats, and other equipment during the winter months | E | N | E | N | |
Erosion control structures, such as rock riprap and retaining walls | E | N | E | (E) | |
Flood control structures | E | N | E | (E) | [Section 12-6A-10] |
(Ord. 592, 9-17-2024)