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

Agricultural use means the management of land for the production of farm crops, their storage on the area, and/or the raising thereon of domestic pets and domestic farm animals.

Bluff line means a line along the top of a slope connecting the points at which the slope becomes less than 13 percent. This applies to those slopes within the land use district that are beyond the setback provision from the ordinary high water level.

Building line means that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions.

Campground means an area accessible by foot, canoe, or other vehicle and containing campsites or camping spurs for tent and trailer camping.

Clear cutting means the removal of an entire stand of vegetation.

Commissioner means the commissioner of the department of natural resources.

Conditional use means a use of land which is permitted only when allowed by the city council of the city after a public hearing, if certain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district.

Essential services means underground or overhead gas, electrical, or water distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in conjunction therewith; but not including buildings or transmission services.

Forestry means the use and management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings, and fences.

Hardship means the property in question cannot be put to a reasonable use under the conditions allowed by this article. Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this ordinance.

Land use district means those lands designated by the commissioner as the protected land corridor along the Rum River which the commissioner has designated as components of the Minnesota Wild and Scenic Rivers System.

Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation thereof. For the purposes of these regulations, a lot shall be considered to be an individual building site which shall be occupied by no more than one principal structure equipped with sanitary facilities.

Mining operation means the removal of stone, sand and gravel, coal, salt, iron, copper, nickel, granite, petroleum products, or other material from the land for commercial, industrial, or governmental purposes.

Nonconforming use means any use of land established before the effective date of this ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use.

Open space recreational uses means recreational uses particularly oriented to and utilizing the outdoor character of an area, including hiking and riding trails, primitive campsites, campgrounds, waysides, parks and recreation areas.

Ordinary high water level means an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs.

Planned cluster development means a pattern of subdivision development which places housing units into compact groupings while providing a commonly owned or dedicated open space.

Primitive campsites means an area that consists of individual remote campsites accessible only by foot or water.

Selective cutting means the removal of single scattered trees.

Setback means the minimum horizontal distance between a structure and the ordinary high water level, bluff line, road or highway.

Sewage treatment system means any system for the collection, treatment and dispersion of sewage including, but not limited to, septic tanks, soil absorption systems and drain fields.

Single-family dwelling means a detached building containing one dwelling unit.

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

Subdivision means improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three or more lots or parcels of less than five acres each, contiguous in area and which are under common ownership or control.

Substandard use means any use within the land use district existing prior to the date of enactment of the ordinance from which this article is derived that is permitted within the applicable land use district but does not meet the minimum lot area, length of water frontage, structure setbacks or other dimensional standards of this article.

Variance means any modification or variation of this article where it is determined that, by reason of exceptional circumstances, the strict enforcement of an ordinance provision would cause unnecessary hardship. This shall be evaluated according to the provisions contained in this Code.

Watershed management or flood control structure means a dam, floodwall, wingdam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term "watershed management or flood control structure" does not include pilings, retaining walls, gabion baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by permit from the commissioner.

Wetland means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh.

(Prior Code, ch. 1508)

This article is an ordinance for the controlling of bluff land and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical and scientific values of the Rum River in Oak Grove, Minnesota, in a manner consistent with Minnesota Wild and Scenic Rivers Act (Minn. Stats. § 103F.301 et seq.), Minn. Rules pts. 6105.0010—6105.0250, and pts. 6105.1400—6105.1500 for the Rum River, hereafter referred to as the Rum River rule.

(Prior Code, ch. 1502)

The ordinance from which this article is derived is adopted to achieve the policy of section 109-330 and to:

(1)

Conserve and protect the natural scenic values and resources of the Rum River and to maintain a high standard of environmental quality.

(2)

Regulate the area of a lot, and the length of bluff land and water frontage suitable for building sites to reduce the effects of overcrowding and provide ample space on lots for sanitary facilities.

(3)

Regulate the setback of structures and sewage treatment systems from bluff lines and shorelines to protect existing scenic values, vegetation, soil and water quality, floodplain areas, and bedrock from human made structures or forces.

(4)

Regulate alterations of the natural vegetation and topography.

(5)

Maintain property values and prevent poorly planned development.

(6)

Prevent pollution.

(7)

Designate land use districts along the bluff land and shoreline of the Rum River.

(8)

Comply with Minn. Rules pts. 6105.1400—6105.1500.

(Prior Code, ch. 1504)

The jurisdiction of this article shall include all lands designated within the Rum River land use district boundaries within the city as defined in Minn. Rules pt. 6105.1480.

(Prior Code, ch. 1506, subd. 1)

The use of any land within the Rum River land use district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the filling, grading, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this article and other applicable regulations. Permits from the zoning administrator are required by this article and/or other city ordinances for the construction of structures, public or private water supply and sewage treatment systems, the grading and filling of the natural topography and erection of signs within the Rum River land use districts.

(Prior Code, ch. 1506, subd. 2)

(a)

It is not intended by this article to repeal, abrogate or impair any existing easement, covenants, deed restrictions, or land use controls. Where this article imposes greater restrictions, the provisions of this article shall prevail. In case of conflict between a provision of the Minnesota Wild, Scenic, and Recreational Rivers Statewide Standards and Criteria and some other law of this state or provisions of existing ordinances, the more protective provision shall apply.

(b)

In their interpretation and application, the provisions of this article shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by state statutes.

(c)

All distances, unless otherwise specified shall be measured horizontally.

(Prior Code, ch. 1506, subd. 3)

(a)

Organization provisions. The provisions of this article shall be administered by the city zoning administrator.

(1)

Board of adjustment. The board of adjustment of the city shall act upon all questions as they arise in the administration of this article; and hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator who is charged with enforcing this article as provided by state statutes.

(2)

Fees. Permit fees, processing fees, and inspection fees as may be established by ordinance shall be collected by the zoning administrator.

(b)

Certification.

(1)

Requirements. Certain land use decisions which directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the commissioner as described in subsection (b)(3) of this section:

a.

Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.

b.

Granting a variance from a provision of this article that relates to the zoning dimension provisions of this article.

c.

Approving a plat that is inconsistent with this article.

(2)

Approval. No such action shall be effective until the commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan.

(3)

Certification procedure.

a.

A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under this article shall be sent so as to be received by the commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.

b.

The city council shall notify the commissioner of its final decision on the proposed action within ten days of the decision.

c.

The commissioner shall, no later than 30 days from the time he receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of nonapproval.

d.

The action becomes effective when and only when either:

1.

The final decision taken by the city council has previously received certification of approval from the commissioner;

2.

The city council receives certification of approval after its final decision;

3.

Thirty days have elapsed from the day the commissioner received notice of the final decision, and the city council has received from the commissioner neither certification of approval nor notice of nonapproval; or

4.

The commissioner certifies his approval after conducting a public hearing.

e.

In case the commissioner gives notice of nonapproval of an ordinance, amendment, variance or inconsistent plat, either the applicant or the mayor may within 30 days of said notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of nonapproval becomes final.

1.

The hearing will be held in an appropriate local community within 60 days of the demand and after at least two weeks' published notice.

2.

The hearing will be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6, and 7.

3.

The commissioner shall either certify his approval or deny the proposed action within 30 days of the hearing.

(c)

Amendments.

(1)

Petition. Requests for amendments of this article may be initiated by a petition of affected property owners, the planning commission, or by action of the city council. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report prior to action by the city council.

(2)

Filing. An application for an amendment shall be filed with the zoning administrator.

(3)

Public hearing. Upon receipt in proper form of the application and other requested materials, a public hearing shall be conducted in the manner prescribed by state statutes. Following the public hearing, the city council may adopt the amendment in the manner prescribed by state statutes.

(4)

Certification from commissioner. Certification from the commissioner must be obtained as specified in subsection (b) of this section before the proposed amendment becomes effective.

(d)

Variances. The grant of a variance requires the presence of all the following conditions:

(1)

The strict enforcement of the land use controls will result in unnecessary hardship.

(2)

Granting of the variance is not contrary to the purpose and intent of this article and is consistent with the River Rule, Minn. Rules, pts. 6105.1400—6105.1500.

(3)

There are exceptional circumstances unique to the subject property that were not created by the landowner.

(4)

Granting of the variance will not allow any use which is neither a permitted nor conditional use in the land use district in which the subject property is located.

(5)

Granting of the variance will not alter the essential character of the locality.

(6)

Exception for lots that do not meet the minimum lot width requirements of this article: where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this article.

(7)

All granted variances to the requirements of this article must be certified in accordance with subsection (b)(3) of this section before they become effective.

(e)

Plats.

(1)

Copies of all plats within the Rum River land use district shall be forwarded to the commissioner within ten days of approval by the city council.

(2)

Approval of a plat that is inconsistent with this article is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.

(3)

All inconsistent plats approved by the city council must be certified in accordance with subsection (b)(3) of this section.

(f)

Conditional use permit application review by DNR. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the commissioner at least 30 days prior to such a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the commissioner within ten days of such action.

(g)

Procedures summary. The following table summarizes permit, review, and certification procedures within the land use district designated by this article.

(Prior Code, ch. 1520)

(a)

Districts.

(1)

In order to preserve and protect the Rum River and its adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Rum River in the city has been given the scenic river classification and the uses and classification of this river and its adjacent lands are hereby designated by land use zoning districts, the boundaries of which are based on the Rum River Rule, Minn. Rules pts. 6105.1400—6105.1500.

(2)

The boundaries of the Rum River scenic land use district are shown on the map designated as the city official zoning map, which is made a part of this article and is on file with the zoning administrator. In case of conflict between the map and the property descriptions in the Rum River Rule, the latter shall prevail.

(3)

If land is annexed, incorporated, or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until this zoning ordinance is amended. The amended zoning shall meet the provisions of the plan which applied to the land before the transfer.

(b)

Purpose. The purpose of establishing standards and criteria for the management of the Rum River land use district shall be to preserve and protect existing natural, scenic, historical, scientific, and recreational values, to reduce the effects of overcrowding and poorly planned development of adjacent lands, to prevent pollution, to preserve natural beauty and quietude, to maintain proper relationships between various land use types, and to prohibit new uses that are inconsistent with the statewide standards and criteria for Wild and Scenic Rivers, Minn. Rules pts. 6105.0010—6105.0250.

(c)

Conditional uses. In the following table of uses:

(1)

P means permitted use.

(2)

C means conditional use.

(3)

Certain of the following uses are subject to the zoning dimension provisions and sanitary provisions of section 109-338 and chapter 8. All of the following uses are subject to the vegetative cutting and grading and filling provisions of section 109-339.

SCENIC RIVER DISTRICT

(4)

All uses not listed as permitted or conditional uses shall not be allowed.

(d)

Nonconforming uses. Uses that are prohibited by this section but which are in existence prior to the effective date of the ordinance from which this article is derived shall be nonconforming uses. Such uses shall not be intensified, enlarged, or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most current permit issued prior to the adoption of the ordinance from which this article is derived.

(Prior Code, ch. 1510)

(a)

Minimum district dimensional requirements. The following chart sets forth the minimum lot size and width, setbacks, and other requirements:

SCENIC RIVER DISTRICT

(b)

Seelye Brook. On Seelye Brook, a tributary designated in the Rum River Rule, Minn. Rules pt. 6105.1440, subpt. 2, the following setbacks also apply within the Rum River land use district:

(1)

Structure setback from ordinary high water level shall be 100 feet.

(2)

On-site sewage treatment system setback from ordinary high water level shall be 75 feet.

(3)

Controlled vegetative cutting area from ordinary high water level shall be 100 feet (see section 109-339).

(c)

Density. The density of dwelling units shall not exceed one dwelling unit per lot.

(d)

Location. Structures shall not be located on slopes greater than 12 percent, unless such structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this plan are complied with, and the building permit applicant can prove to the local zoning authority that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems through special construction methods.

(e)

Floodway. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the city's floodplain ordinance and/or statewide Standards and Criteria for Management of Floodplain Areas of Minnesota (Minn. Rules pts. 6120.5100—6120.6200).

(f)

Substandard lots.

(1)

Lots of record in the office of the county recorder on the effective day of enactment of the ordinance from which this section is derived which do not meet the dimensional requirements of this section may be allowed as building sites by the city council, provided that the proposed use is permitted in the land use district, the lot was in separate ownership on the date of enactment of the ordinance from which this section is derived, all sanitary requirements are complied with, and dimensional provisions are complied with to the greatest extent practicable.

(2)

If, in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the minimum lot width requirements of this section, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of this article, except that such lots which meet or exceed 60 percent or more of the lot width standards of this section may be considered as a separate parcel of land for the purpose of sale or development, if on-site sewage treatment systems can be installed so as to comply with this article.

(g)

Substandard uses. All uses in existence prior to the effective date of enactment or amendment of the ordinance from which this section is derived which are permitted uses within the Rum River land use district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this article are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions:

(1)

Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed.

(2)

Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of the ordinance from which this section is derived.

(Prior Code, ch. 1512)

(a)

Sewage treatment. Any premises intended for human occupancy must be provided with an adequate method of sewage treatment. Publicly owned sewer systems must be used where available. Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the state department of health, the state pollution control agency, specifically Minn. Rules ch. 7080 for individual sewage treatment systems, section 109-337 and any other applicable local government standards.

(b)

Nonconforming sewage treatment systems. A nonconforming sewage treatment system not meeting the requirements of subsection (a) of this section must be upgraded, at a minimum, whenever a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. All nonconforming sewage treatment systems shall be brought into conformity or discontinued within two years of the date of enactment of the ordinance from which this section is derived.

(Prior Code, ch. 1514, subd. 1)

(a)

Vegetative cutting. The vegetative cutting provisions in subsection (a)(1) of this section shall apply to those areas specified in section 109-337 (a) and subsection (b)(3) of this section.

(1)

Provisions. General provisions, within designated setback areas, include:

a.

Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.

b.

Selective cutting of trees in excess of four inches in diameter at a four-foot height is permitted, provided that cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings.

c.

The cutting provisions of subsections (a) and (b) of this subsection shall not be deemed to prevent:

1.

The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.

2.

Pruning understory vegetation, shrubs, plants, bushes, grasses, or harvesting crops, or cutting suppressed trees less than four inches in diameter at breast height.

(2)

Clear cutting. Clear cutting anywhere in the designated land use district on the Rum River is subject to the following standards and criteria:

a.

Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning administrator to be fragile and subject to severe erosion and/or sedimentation.

b.

Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.

c.

The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.

d.

Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.

(b)

Grading, filling, alterations of the beds of public waters. Grading and filling of the natural topography that is not accessory to a permitted or conditional use shall not be permitted.

(1)

Permit. Grading and filling of the natural topography that is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning administrator. A grading and filling permit may be issued only if the following conditions are properly satisfied:

a.

Grading and filling shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.

b.

The smallest amount of bare ground is exposed for as short a time as feasible.

c.

Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted.

d.

Methods to prevent erosion and trap sediment are employed. Methods are identified in Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, published in October 1989, and the Minnesota Construction Site Erosion and Sediment Control Planning Handbook.

e.

Fill is stabilized to accepted engineering standards.

(2)

Permits from state. Excavation of material from, or filling in a wild, scenic or recreational river, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the commissioner pursuant to Minn. Stats. § 103G.245. Minn. Stats. § 103G.245 requires a permit from the commissioner before any change is made in the course, current, or cross section of public waters.

(3)

Wetlands. Drainage or filling in of wetlands is not allowed within the land use districts designated by this section.

(c)

Utility transmission crossings.

(1)

License. All utility crossings of the Rum River or state lands within the Rum River land use district require a license from the commissioner pursuant to Minn. Stats. § 84.415.

(2)

Permit. All utility transmission crossings constructed within the Rum River land use district shall require a conditional use permit. The construction of such transmission services shall be subject to Minn. Rules pts. 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the environmental quality board pursuant to Minn. Stats. § 216E.10.

(d)

Public roads.

(1)

Construction or reconstruction permits. In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of public roads within the Rum River land use district. Such construction or reconstruction shall be subject to Minn. Rules pts. 6105.0190 and 6105.0200.

(2)

Definition. The term "public roads" includes county and municipal roads, streets and highways that serve or are designed to serve flows of traffic between communities or other traffic-generating areas. A conditional use permit is not required for minor public streets, which are streets intended to serve primarily as an access to abutting properties.

(Prior Code, ch. 1516)

(a)

Land suitability.

(1)

Unsuitable land. No land shall be subdivided which is determined by the local government, or the commissioner, to be unsuitable because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.

(2)

Tests required. No plat or subdivision within the Rum River district shall be approved by the city until the applicant has proven to the local zoning authority through percolation-rate tests, soils boring tests and other requirements of Minn. Rules ch. 7080 without appendices, specifically as adopted by the city, that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank, soil absorption system and a back-up site.

(3)

Exception. The provisions otherwise set forth in this section and in chapter 107 shall apply to all plats except planned cluster developments.

(b)

Planned cluster developments. A planned cluster development may be allowed only when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Developments shall also be subject to city PUD requirements, whichever are more restrictive. Smaller lot sizes may be allowed as exceptions to this section for planned cluster developments, provided that:

(1)

Preliminary plans are approved by the commissioner prior to their enactment by the city council.

(2)

Central sewage facilities are installed which meet the standards, criteria, rules or regulations of the state department of health and the state pollution control agency.

(3)

Open space is preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective and permanent methods.

(4)

There is not more than one centralized boat launching/docking facility for each cluster.

(Prior Code, ch. 1518)