The incorporated areas of the City of Nisswa, Minnesota are hereby divided into zoning districts shown on the official zoning district map, as amended under article IX, division 4, section 20-688 of this chapter, and filed in the offices of the county recorder and the department. The official zoning district map may be in hard copy or electronic format. The map and all explanatory matter thereon are hereby made a part of this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

All land uses shall conform to the provisions of this chapter as follows:

(a)

All new structures constructed, converted, enlarged, or moved shall conform to the provisions of this chapter.

(b)

The use of structures or lands for any purpose shall conform to the provisions of this chapter.

(c)

All subsurface sewage treatment system installed, repaired, or modified shall conform to the provisions of this chapter.

(d)

All dirt moving, filling, grading and road construction shall conform to the provisions of this chapter.

(e)

No lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this chapter shall meet all minimum requirements established by this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

For the purpose of determining a zoning district designation, where a parcel lies in two land use districts as outlined in section 20-81 of this chapter, the parcel shall be classified in the zoning district which encompasses the larger percentage of the lot area. When a parcel is in the shoreland area of multiple lakes or rivers, the topographic divide (which way the water flows on the parcel) shall be used to determine which lake or river classification is used.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Each contractor shall ascertain that all work done on the property of another person must have the proper permit(s) to do such work. Failure of any such contractor to comply herewith shall be considered a violation of this chapter and subject to the enforcement provisions of section 20-57 of this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Actions taken pursuant to permits granted under this chapter are the sole responsibility of the property owner or his/her agents. The City of Nisswa assumes no liability for any adverse effects to the property owner, or to third parties, caused by any actions taken pursuant to permits granted under this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The purpose of this section is to identify administrative provisions to ensure the ordinance is administered consistent with its purpose.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

This chapter shall be administered by the planning and zoning department through the city planner hereinafter referred to as "planner," appointed by and responsible to the city administrator and the Nisswa City Council. The planner shall issue all approved permits and certificates under this chapter, either as authorized or as directed by the planning and zoning commission. The planner shall interpret this chapter, subject to appeal. The planner may delegate responsibilities as appropriate.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

A land use permit is required for the construction of buildings or building additions (including construction of decks and signs) and the installation and/or alteration of sewage treatment systems.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

A shoreland alteration permit is required for dirt moving activities and amounts and the construction of certain structures such as but not limited to water oriented accessory structures, stairways, walkways, lifts, landings, retaining walls, ria rap, shoreline use areas including sand blankets, at grade patios, boardwalks, watercraft access ramps, in the shoreland zoning district with the primary area being shore impact zone 1 and 2.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

A certificate of compliance on a subsurface sewage treatment system, consistent Minnesota Rules Chapter 7082.0700 Subp. 3, is required whenever a land use permit, shoreland alteration permit, conditional use permit, variance or plat of any type is required for any improvement on or use of the property. This provision of the ordinance is not required if the property is connected to the city sewage treatment system.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Application for permits and other zoning applications such as variance and conditional use permits shall be made to the planner on the forms provided. The application shall include the necessary information so that the planner can evaluate how the application complies with the provisions of this chapter. No approvals shall be taken on an incomplete application submitted to the department.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Pursuant to MN Statutes, Chapter 15.99, the planner, planning and zoning commission or city council must approve or deny a completed application within 60 days of a written request relating to zoning, septic system, expansions, permit, license, or other approval action. Failure of the planner, planning and zoning commission or the city council to deny a request within 60 days shall constitute approval of the request. No approvals are allowed if the request does not meet the requirements of this chapter even if the 60 day rule has expired with no action taken. If the planner, planning and zoning commission or the city council denies the request, it must state in writing the reasons for denial at the time that it denies the request.

(a)

The timeline for review begins upon the receipt of a completed application by the department. An application shall be deemed complete when a written request containing all information required by this chapter is submitted to the department. If the department receives a written request that does not contain all required information, the 60 day limit shall not start if the department sends written notice within 15 business days of receipt of the request telling the requester what information is missing.

(b)

The planner, planning and zoning commission or city council may extend the timeline before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notice must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant.

(c)

The applicant may, in writing, waive the 60-day time deadline.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

Prior to engaging in any land use activity regulated under the provision of this chapter, the owner of the property or their authorized agent shall make application for the necessary permit or permits required by this chapter. A permit or fee is not required for inside or outside residential maintenance provided the exterior dimensions of the structure remain the same.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

A permit shall be issued by the planner only when the applicant has met all applicable requirements of this chapter. An authorized agent of the owner may make application for the permit or permits. Plats, conditional use permits, variances, land use permits and shoreland alteration permits will be processed by the planning and zoning department pursuant to procedures established within this chapter. The accuracy and completeness of all permit applications and accompanying documents are solely the responsibility of the applicant. No permit application will be approved for property on which there are unresolved violations unless the permit will resolve the violation.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The granting of any land use permit, shoreland alteration permit, conditional use permit or variance under the provisions of this chapter shall in no way affect the property owner's responsibility to obtain the approval required under any federal or state statute, ordinance or legislation of any state agency or state subdivision thereof. Approval may be expressly given in conjunction with other permit(s) applied for, but no approval shall be implied from the granting of any City of Nisswa permits nor from the necessity to apply for a permit described in this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The application for any permit, including public hearing requests, required under this chapter shall include:

(a)

The legal description of the property;

(b)

Property identification number;

(c)

Current and proposed land use;

(d)

A description of the type and scope of construction, use, development, or alteration proposed;

(e)

A sketch plan showing the location of public waters, wetlands, existing and proposed structures, road rights of way, driveways, parking spaces, water and sanitary facilities, and utility lines and impervious surface calculations;

(f)

Topographic features including but not limited to wetlands, bluffs, ordinary high-water level designations, or steep slopes; and

(g)

Additional information as may be required by the department in order to determine compliance with this and other ordinances.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The planner may require a certificate of survey with any permit application required by this chapter, including land use permits, shoreland alteration permits, variances, zoning map amendments, and conditional use permit applications, upon a determination by the planner that such a survey will assist in achieving the purposes of this chapter.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The application shall also include a compliance inspection conducted by a MPCA state-licensed inspector indicating the condition of any existing subsurface sewage treatment systems. The planner may require a site suitability upon determination by the planner that a site suitability will assist in achieving the purposes of this chapter. This provision of the ordinance is not required if the property is connected to the city sewage treatment system.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The application shall be accompanied by a remittance, payable to the City of Nisswa. A current fee schedule is on file in the department as approved by the city council.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The planner shall issue a permit upon approval of a permit. Such permit shall be made available upon request and be located on the premises concerned from the time the authorized work is commenced until it is completed.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

All permits are valid for a period of two years from the date of approval, unless otherwise specified.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

The Nisswa Police Department, city attorney and department shall have the duty to enforce this chapter.

(a)

Any violations of the provisions of this chapter or failure to comply with any of its requirements by a property owner, authorized agent, or contractor including violations of or failure to comply with the conditions and safeguards established in connection with the granting of a structure, land use, or shoreland alteration permit, or contained within variances or conditional uses, shall constitute a misdemeanor and shall be punishable as defined by M.S.A. § 462.362. The provisions of this chapter may be enforced through criminal prosecution, civil remedy, or both. Utilization of a civil remedy shall not prevent a criminal prosecution for the same violation. A criminal prosecution for a violation shall not be a bar to a civil remedy.

(b)

Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to sections 20-43 and 20-44 of this chapter.

(c)

Each day that a violation of this chapter continues shall constitute a separate offense.

(d)

The planner, or duly authorized representative, may issue cease and desist orders to halt the progress of any property modification, based upon probable cause that a violation of this chapter has been committed. When any work has been stopped by a cease-and-desist order, it shall not be resumed until the reason for the work stoppage has been completely satisfied and the cease-and-desist order lifted.

(e)

The city attorney, in cooperation with the department may sue for injunctive relief on any violation, including restoration of the premises to its existing condition prior to the violation.

(f)

The planner may charge an administrative fee, according to a schedule established by the Nisswa City Council, to compensate for staff time and other expenses incurred during the investigation and prosecution of violations.

(g)

Any person making application for a permit after the commencement of work requiring a permit may be charged an administrative fee. In the event the application for a permit is denied or the activity permitted does not include all of the work commenced prior to approval of said permit, the planning and zoning commission or the planner may require restoration of the subject property to its condition before such work commenced, including removal of structures or improvements not approved.

(h)

The planner or duly authorized representative may require a certificate of survey prepared when it is determined that said survey will or may assist with the resolution of a violation.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024)

Variances may only be granted in accordance with M.S.A. § 462.357 and article IX, division 3 of City Code and are subject to the following:

(a)

A variance may not circumvent the general purposes and intent of this chapter; and

(b)

For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules chapter 7082.0700 subp. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system's improper setback from the ordinary high water level.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

All conditional use permits in the shoreland area may only be granted in accordance with article IX division 2 of City Code and are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:

(a)

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

(b)

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

(c)

There is adequate water supply and on-site sewage treatment; and

(d)

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

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

In evaluating all plats, variances, conditional use permits, land use permits, and shoreland alteration permit applications, the department may require the property owner to address, the following conditions, when related to and proportional to the impact, to meet the purpose of this chapter, to protect adjacent properties, and the public interest:

(a)

Advanced storm water runoff management treatment;

(b)

Reducing impervious surfaces;

(c)

Increasing setbacks from the ordinary high water level;

(d)

Restoration of wetlands;

(e)

Limiting vegetation removal and/or riparian vegetation restoration;

(f)

Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and

(g)

Other conditions the department deems necessary.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

All legally established nonconformities including land uses, buildings and lots of record as recorded at the county recorder as of July 17, 1970, may continue but will be managed according to M.S.A. § 462.357, subd. 1(e) and Minnesota Rule 6120.3300 subpart 2 D and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use.

(b)

All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, lowest floor elevations, and other requirements of this chapter. Any deviation from these requirements must be authorized by a variance.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

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

(b)

All notices of public hearings to consider ordinance amendments, plats, variances, or conditional use permits under shoreland management controls must be sent to the commissioner or the commissioner's designated representative at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(c)

All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional use permits under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

(d)

Any request to change the shoreland management classification of public waters within the City of Nisswa must be sent to the commissioner or the commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp. 4.

(e)

Any request to reduce the boundaries of shorelands of public waters within the City of Nisswa must be sent to the commissioner or the commissioner's designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

An environmental review may be required for projects that could result in significant environmental impacts. The Minnesota Environmental Policy Act of 1973 and Minnesota Rules chapter 4410 allow for the preparation of Environmental Impact Statements (EIS) and Environmental Assessment Worksheets (EAW) for mandatory development thresholds or discretionary environmental reviews, or alternative urban area wide reviews (AUAR) ordered by the responsible government unit (RGU). The RGU is the designated review authority.

(a)

Once the environmental review process is determined to be necessary, no permits or other final approvals shall be granted until the environmental review process has been completed. No approvals of any application under environmental review shall be issued unless and until all issues identified in the EAW/EIS/AUAR have been addressed.

(b)

Payment for cost of review. The department shall prepare or cause to have prepared, at the applicant's expense, any mandated or discretionary EAW or EIS for the project.

(c)

The city council shall make all final EAW/EIS decisions after review and recommendation by the planning and zoning commission.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Open space residential district (OSR). The OSR district is designed to preserve open land, sensitive natural features and rural community character that would be lost under conventional development. It is the intent of this district to permit a reasonable amount of residential development in small compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features, and provide privacy and neighborhood identity. All areas identified by the city land use map as "open space residential" must be developed in a manner that protects the rural character of the area and that reduces the need for premature extension of municipal sewer services.

(b)

Shoreland residential district (SR). The purpose of the shoreland residential district is to identify land uses that are compatible with the protection and preservation of shoreline resources to conserve the economic and environmental values of shoreland and sustain water quality. New residential subdivisions should consider conservation design principles. New developments may be connected to the municipal sewer system. The city should not encourage maximum density increases within PUDs or multifamily housing styles within this district.

(c)

Linden Lakeshore Residential Overlay District (LR). The LR district is developed and designed to provide specific and unique performance standards for a previously platted and developed neighborhood adjacent to public waters. The district is currently limited to the riparian lots within the neighborhoods along East and West Linden Avenue. Newly created parcels will be required to meet all SR district provisions.

(d)

Urban residential district (UR). The UR district is designed to provide traditional residential neighborhood sites adjacent to downtown and to the sportland corner area. Residential densities will vary based on connection to municipal utilities. The district provides for single-family, duplex, triplex, and quad home developments. Building types that incorporate multiple units may be allowed by conditional use permit.

(e)

Commercial waterfront district (CW). The CW district provides for the development of commercial resorts, golf courses and associated uses. The use and associated development shall recognize and address the sensitive relationship that the family resort has had with surrounding residential uses and the impact on water quality. As such all uses shall require a conditional use permit for expansion of the development. The district should encourage unique tourism businesses. Properties developed under this designation shall be used primarily as transient lodging spaces and related commercial uses. Uses shall not include privately owned residences.

(f)

Central business district (CB). The CB district allows and encourages building design and layout for pedestrian access associated with the traditional downtown area, including zero-lot line setbacks, sidewalks, awnings, and other architectural design features. The city should encourage tourism-related businesses, offices, medical facilities, and public uses to locate within this district.

(g)

Highway business district (HB). The HB district allows and encourages commercial development that provides services and shopping facilities adjacent to Trunk Highway 371. The city should encourage open space design principles for commercial projects within this district.

(h)

Public and recreation district (P). The P district provides for public recreation areas and structures and allows private recreational uses. Such uses shall include, but not be limited to parks, tot-lots, nature areas, city buildings, sewer facilities and private recreation and open space.

(i)

Planned development district (PDD). The PDD district provides a regulatory framework to encourage improved environmental design allowing flexibility in the development of land while ensuring compliance with the intent of city zoning regulations and the city comprehensive plan.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(a)

Generally. The land use chart provided in this section applies to city zoning districts as indicated. All uses are considered prohibited unless specifically allowed in this Code, even if they are not listed specifically under excluded uses in the chart below.

(b)

Amendments. An amendment to the land use chart may be initiated by the city council, planning and zoning commission or a resident or property owner within the city in the same manner as provided for other zoning amendments.

(c)

Abbreviations. As used in the land use charter, the letter "P" designates a permitted use, the letter "C" designates a conditional use, the letter "I" designates an interim use. The letter "A" designates an allowed use. This means a permit is not required for an allowed use provided the standards of the ordinance are met. When the letter designation is absent and the charter cell is left blank, the use is prohibited. The district abbreviations used in the land use chart are defined in section 20-81.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 23 (Fourth Series), § 1, 11-19-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

All principal residential structures shall meet the following requirements.

(a)

Principal residential structures shall have a minimum average structure width of 22 feet and a minimum living area of 850 square feet.

(b)

No residential attached garage or storage area shall exceed 150 percent of the ground floor footprint of living area.

(c)

Residential dwellings exceeding 4,500 square feet ground cover (including attached storage areas) on less than 2.5 acres require a vegetation screening plan and a stormwater management plan to be approved by city staff and implemented by the completion of the project.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 11 (Fourth Series), § 2, 6-20-2023)

(a)

Purpose. To ensure that shoreland development on the public waters of the City of Nisswa is regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300.

(b)

Lakes are classified as follows:

(1)

General Development (GD) Table 20-02.

(2)

Recreational Development (RD) Table 20-03.

(3)

Natural Environment (NE) Table 20-04.

(c)

Rivers and streams are classified as follows:

(1)

Remote Table 20-05.

(2)

Forested Table 20-06.

(3)

Tributary Table 20-07.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Lake minimum lot area and width standards:

(1)

General development lake—No sewer. (Square feet) Table 20-08.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(2)

General development lake—Sewer (Square feet) Table 20-09.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(3)

Recreational development lake—No sewer (Square feet) Table 20-10.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(4)

Recreational development lake—Sewer (Square feet) Table 20-11.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(5)

Natural environment lake—No sewer (Square feet) Table 20-12.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(6)

Natural environment lake—Sewer (Square feet) Table 20-13.

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

* See section 20-85 for SR/LR Standards.

** Processed as PUD's per section 20-385.

*** Follow standards in section 20-85, section 20-87 and section 20-88 for Shoreland

**** No Lot Area or Lot Width minimum for nonshoreland

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

* Processed as a CUP.

** Processed as PUD's per section 20-385.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

OHWL setback for structures. All lake setbacks shall be measured from the OHWL. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions.

* Zero foot setback from other CB and 20-foot setback from other residential use.

** No structures, vegetation removal, or excavation allowed in wetland setback. Wetland total size must be a minimum of 400 square feet.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 20 (Fourth Series), § 1, 11-19-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

* See section 20-144.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 18, Fourth Series, § 2, 4-16-2024; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(a)

Generally. Accessory structures may only be constructed on a lot containing a principal structure. The footprint of an accessory structure may not be larger than the footprint of the principal structure on the same lot, unless a conditional use permit is obtained. Attached garages, storage buildings, and sheds connected by a roofed walkway at least ten feet long shall be considered detached accessory structures for the purposed of this division.

(b)

Permit required. Accessory structures shall be allowed within all residential districts by permit ("P" in the table below) issued by the city planner or by conditional use permit ("C" in the table below) issued by the planning and zoning commission in compliance with this section.

(c)

Setbacks; size limitations. Accessory structures must meet OHW setbacks in this chapter unless otherwise provided in this division and the setbacks required in this section, and the cumulative square footage of all detached accessory structures on a residential property may not exceed 2,500 square feet, except in the OSR district, where a conditional use permit is required. Impervious limits in section 20-97 apply. The type of permit required based on size, features and district is as follows:

(d)

Permits required based on structure size.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)

(a)

Determining elevations. Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these elevations are not known, the lowest floor, including basement, must be placed or flood-proofed at an elevation determined using the following methodology:

(1)

For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher (see Figure 9).

(2)

For rivers and streams, by placing the lowest floor at least three feet above the highest known flood elevation. If highest known flood elevation is not available, by placing the lowest floor at least three feet above the ordinary high water level (see Figure 9), or by conducting a technical evaluation to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200.

(b)

Methods for placement.

(1)

In addition to the lowest floor, all service utilities must be elevated or water-tight to the elevation determined in section 20-94 (1).

(2)

If the structure is flood-proofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2 and 3.

(c)

Significant historic sites.

(1)

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

(a)

Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

(b)

Any premises used for human occupancy must be connected to a publicly-owned sewer system, where available or comply with Minnesota Rules, Chapters 7080—7081.

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

(a)

Commercial, industrial, public, and semipublic use standards.

(1)

Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:

a.

The use complies with provisions of section 20-82 of this chapter.

b.

The use is designed to incorporate topographic and vegetative screening of parking areas and structures;

c.

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

(2)

Commercial, industrial, public, and semi-public uses that are not water-dependent must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(b)

Subdivisions of duplexes are conditional uses on natural environment lakes while triplexes, and quads must be processed as a PUD according to section 20-385 and must also meet the following standards:

(1)

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

(2)

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

(3)

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

(4)

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

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023)

* 25 percent coverage limit for GD and RD lakes—20 percent coverage limit for NE lakes

(Ord. No. 8 (Fourth Series), § 2, 3-21-2023; Ord. No. 24 (Fourth Series), § 1, 2-18-2025)