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. Unless specifically defined in this section, words or phrases used in this article shall be interpreted as defined elsewhere in this chapter. All distances, unless otherwise specified, shall be measured horizontally.

Animal feedlot means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of this Code, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0 acre per animal unit.

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

(1)

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

(2)

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

(3)

The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high-water level averages 30 percent or greater; and

(4)

The slope must drain toward the water body.

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

Bluff, toe of the, means the lower point of the lowest 50-foot segment with an average slope exceeding 18 percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as the toe.

Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less.

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

Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site.

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

Dwelling site means a designated location where a dwelling unit is intended to be constructed.

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

Dwelling unit means a building or a portion of a building designed or intended to be occupied exclusively for residential purposes, including provisions for sleeping, eating, cooking and sanitation for not more than one family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, recreational vehicles, nor lodging rooms.

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

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

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

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

Ordinary high-water level (OHWL) means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool. The designated OHWL has been determined by the state department of natural resources for certain water bodies as shown in section 6.12.5970.

Planned unit development (PUD) means a type of development characterized by a unified site design for a number of residential dwelling units or nonresidential sites on a parcel, whether for sale, rent or lease, often involving clustering of units or sites to provide areas of common open space or a mixture of structure types and land uses. Two types of PUD are provided for in this chapter:

(1)

Planned residential development (PRD), in which the nature of allowed uses is nontransient residential, including attached and detached single-family or multiple-family dwellings, subject to the limitations provided for in each zoning district.

(2)

Planned unit development (PUD), Highway 12 Corridor, in which the nature of allowed uses may include residential, commercial, institutional, public and semipublic uses as set forth in the city's comprehensive plan amendment No. 2, and it is limited to areas within the Highway 12 Corridor as defined in that amendment. The Highway 12 PUD offers a mixture of land uses, housing types and densities.

Note: No properties which could be developed via the Highway 12 PUD are within the shoreland overlay district.

Public use means the use of land by the general public or by a public agency on behalf of the general public, for any purpose.

Public waters means any waters as defined in Minn. Stats. § 103G.005, subds. 15 and 16.

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

Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Sewage treatment system means septic tanks and a soil absorption system or other type of on-site sewage treatment system as described in chapter 5.24, article II.

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

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

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

Shoreland means land located within 1,000 feet from the ordinary high-water level of a lake, pond or flowage and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled "Shoreland Overlay District," on file at the city offices.

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

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

Surface water-oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business.

Variance means the same as that term is defined or described in Minn. Stats. ch. 462.

Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, lock boxes, and detached decks.

Wetlands shall have the same meaning as the term "protected wetlands" in section 6.12.8110.

(Code 2003, § 78-1211; Ord. No. 101(2nd series), § 1(10.56(3)), 2-24-1992; Ord. No. 126(2nd series), § 1, 4-25-1994; Ord. No. 127(2nd series), §§ 2—4, 7-11-1994; Ord. No. 28(3rd series), § 16, 8-22-2005; Ord. No. 59(3rd series), § 1, 5-11-2009; Ord. No. 94(3rd series), § 5, 9-24-2012; Ord. No. 130(3rd series), § 1, 1-26-2015)

The purpose of this article is to promote the public health, safety and general welfare by providing for the wise subdivision, use and development of shorelands abutting public waters that exist within the city's corporate boundaries. The city recognizes that the uncontrolled use and development of shorelands has a negative impact on not only the quality of surface waters, but on the economic, recreational and natural environmental values of shorelands and the waters they surround. The specific intent of this article is to:

(1)

Protect the water quality of Lake Minnetonka and other lakes within the city by allowing development of uses in the shoreland areas which are compatible with the city's comprehensive land use management plan.

(2)

Provide appropriate standards for development which will minimize the impact of shoreland development on the water quality and the economic, aesthetic and natural environment values of the city's lakes.

(Code 2003, § 78-1212; Ord. No. 101(2nd series), § 1(10.56(1)), 2-24-1992)

This article is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Stats. §§ 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(Code 2003, § 78-1213; Ord. No. 101(2nd series), § 1(10.56(2)), 2-24-1992; Ord. No. 127(2nd series), § 1, 7-11-1994)

All amendments to this article, including amendments to the official maps, must be submitted to the commissioner of the department of natural resources prior to adoption. Further, amendments to underlying zoning district standards which may be in conflict with this section must also be submitted to the commissioner of the department of natural resources prior to adoption.

(Code 2003, § 78-1214; Ord. No. 101(2nd series), § 1(10.56(21)), 2-24-1992)

The provisions of this article shall apply to the shorelands of the public water bodies as classified in section 6.12.5970.

(Code 2003, § 78-1215; Ord. No. 101(2nd series), § 1(10.56(4)), 2-24-1992)

The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland areas; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this article and other applicable regulations.

(Code 2003, § 78-1216; Ord. No. 101(2nd series), § 1(10.56(5)), 2-24-1992)

The public waters of the city have been classified below consistent with the criteria found in Minn. Stats. § 6120.3300, and the protected waters inventory map for the county:

(Code 2003, § 78-1217; Ord. No. 101(2nd series), § 1(10.56(7)), 2-24-1992; Ord. No. 127(2nd series), § 5, 7-11-1994)

The SD Shoreland Overlay District is defined and established to include the following lands within the city:

(1)

All lands within 1,000 feet of the ordinary high-water level of the lakes classified natural environment, recreational development, and general development in section 6.12.5970. The shoreland overlay district includes lands within the city that are located within 1,000 feet of lakes located in adjacent cities, namely Hadley Lake in the City of Plymouth and Wolsfeld Lake in the City of Medina.

(2)

All lands within 300 feet of the ordinary high-water level of the watercourses classified as tributary streams in section 6.12.5970. Where the floodplain of the tributary streams as defined in article VIII of this chapter or as defined elsewhere in this chapter extends further than 300 feet from the ordinary high-water level, the boundary of the shoreland overlay district shall be extended to include those areas designated as floodplain.

(Code 2003, § 78-1218; Ord. No. 101(2nd series), § 1(10.56(8)), 2-24-1992)

The official map of the shoreland overlay district is adopted. A copy of the map shall be kept on file at all times with the city clerk. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the shoreland overlay district shall be determined by scaling distances on the official map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, the city engineer shall make necessary interpretation based on the ordinary high-water level. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the city and to submit technical evidence if he so desires.

(Code 2003, § 78-1219; Ord. No. 101(2nd series), § 1(10.56(9)), 2-24-1992; Ord. No. 27(2nd series), § 6, 7-11-1994)

(a)

The zoning district standards of this chapter currently comply with the lot size, lot width, permitted use and conditional use standards set forth by the department of natural resources shoreland management regulations, Minn. R. 6120.2500 through 6120.3900.

(b)

The following city zoning districts are partially or fully located within the shoreland overlay district:

(c)

The following zoning districts are also potentially available for use within the shoreland areas:

(d)

Any future changes within the zoning districts listed above shall meet the department of natural resources regulations effective July 3, 1989.

(Code 2003, § 78-1220; Ord. No. 101(2nd series), § 1(10.56(15)), 2-24-1992; Ord. No. 202(2nd series), § 1, 2-26-2001; Ord. No. 243(3rd series), § 2, 4-13-2020)

(a)

Land suitability. Each lot created through subdivision, including planned unit developments or planned residential developments authorized elsewhere in the zoning and platting codes, must be suitable in its natural state for the proposed use with minimal alteration. In analyzing the suitability of land for a specific use, the city shall consider:

(1)

Susceptibility to flooding;

(2)

Existence of wetlands;

(3)

Soil and rock formations with severe limitations for development;

(4)

Severe erosion potential;

(5)

Steep topography;

(6)

Inadequate water supply or sewage treatment capabilities;

(7)

Near-shore aquatic conditions unsuitable for water-based recreation;

(8)

Important fish and wildlife habitat;

(9)

Presence of significant historic sites; or

(10)

Any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community.

(b)

Consistency with other controls. Subdivisions shall conform to all official controls of the city. Subdivision will not be approved where a later variance from one or more standards in the official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless adequate and conforming water supply and sewage treatment systems can be provided for each lot in conformance with chapter 5.24, article II. Each lot shall meet the minimum lot size and dimensional requirements set forth elsewhere in this Code, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

(c)

Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. In addition to information required by other provisions in this chapter and chapter 6.20, the following information shall also be submitted:

(1)

Topographic contours at two-foot intervals showing limiting site characteristics.

(2)

The surface water features required in Minn. Stats. § 505.02, subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources.

(3)

Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations, such as soil borings, percolation tests or other methods.

(4)

Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities.

(5)

Location of 100-year floodplain areas and floodway districts from existing adopted maps or data.

(6)

A line or contour representing the ordinary high-water level, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

(d)

Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands, as regulated in article VIII of this chapter.

(e)

Lakeshore access lots. Lots intended as accesses to public waters or as recreational areas for use by owners of nonriparian lots within a subdivision must meet or exceed the minimum standards set forth in this section.

(Ord. No. 101(2nd series), § 1(10.56(18)), 2-24-1992)

For properties which as a result of the designation of the OHWL are found to abut the boundary of a lake, stream or tributary, no section of this chapter shall be construed as obligating the city to approve variances to provisions of this chapter prohibiting physical improvements, structures or land alteration within protected wetlands, floodplain areas or shorelands. Nothing in this chapter shall be considered as establishing or increasing riparian rights. This article is intended to regulate land use and establish building and zoning restrictions only.

(Code 2003, § 78-1221; Ord. No. 101(2nd series), § 1(10.56(20)), 2-24-1992)

The zoning administrator is responsible for the administration and enforcement of this article. Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this article can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 6.12.6120.

(Code 2003, § 78-1246; Ord. No. 101(2nd series), § 1(10.56(6)), 2-24-1992)

A permit is required for the construction of buildings, building additions, related work such as construction of decks and signs, installation or alteration of sewage treatment systems, grading and filling activities, and other activities as regulated in article X, division 7 of this chapter.

(Code 2003, § 78-1247; Ord. No. 101(2nd series), § 1(10.56(10)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)

The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in section 6.12.6120. This certificate will specify that the use of land conforms to the requirements of this article. Any use, arrangement or construction at variance with that authorized by permit shall be unlawful.

(Code 2003, § 78-1248; Ord. No. 101(2nd series), § 1(10.56(11)), 2-24-1992)

Variances may only be granted in accordance with Minn. Stats. ch. 462 and as otherwise regulated in this chapter. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required elsewhere in this article shall also include the planning commission's and city council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

(Code 2003, § 78-1249; Ord. No. 101(2nd series), § 1(10.56(12)), 2-24-1992)

State Law reference— Variances, Minn. Stats. § 462.357, subd. 6(2).

Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district:

(1)

Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure:

a.

The prevention of soil erosion or the 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.

The site is adequate for 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 watercraft.

(2)

Conditions attached to conditional use permits. The city council upon consideration of the criteria listed in subsection (1) of this section and the purposes of this article, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include, but are not limited to, the following:

a.

Increased setbacks from the ordinary high-water level.

b.

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted.

c.

Special provisions for the locations, design and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(Code 2003, § 78-1250; Ord. No. 101(2nd series), § 1(10.56(13)), 2-24-1992)

Copies of all notices of any public hearings to consider variances, amendments or conditional uses under this article must be sent to the commissioner of the department of natural resources and postmarked at least ten days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. Upon final action by the city council, a copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this article must be sent to the commissioner of the department of natural resources and postmarked within ten days of final action.

(Code 2003, § 78-1251; Ord. No. 101(2nd series), § 1(10.56(14)), 2-24-1992)

All legally established nonconformities as of February 24, 1992, may continue subject to applicable state statutes and as regulated elsewhere in this Code. In shoreland areas, the following standards shall also apply:

(1)

Construction on nonconforming lots of record. Development or use of existing lots of record shall be regulated as set forth in section 6.12.320.

(2)

Additions/expansions to nonconforming structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in this chapter. Any deviation from these requirements must be authorized by a variance pursuant to provisions of this chapter.

(3)

Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also defined as a noncompliant system) located within the shoreland overlay district must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, except that systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall have seven years in which to become compliant per the provisions of chapter 5.24, article II. All other noncompliant sewage treatment system provisions of chapter 5.24, article II shall apply to all shoreland areas.

(Code 2003, § 78-1252; Ord. No. 101(2nd series), § 1(10.16(17)), 2-24-1992; Ord. No. 162(2nd series), § 1, 9-22-1997; Ord. No. 243(3rd series), § 2, 4-13-2020)

The shoreland overlay district standards are in addition to the requirements set forth in this chapter for the various zoning districts. In case of conflict, the most restrictive provision applies.

(Code 2003, § 78-1276; Ord. No. 101(2nd series), § 1(10.56(16)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)

Minimum lot area and lot width standards of the underlying zoning district shall apply, with the following exceptions:

(1)

No lot within 1,000 feet of a general development lake and approved for duplex use per section 6.12.1030, 6.12.1130, 6.12.1330, 6.12.1430, 6.12.1530, or 6.12.1620 shall be less than 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width requirements of the respective underlying zoning district.

(2)

No lot within 300 feet of a tributary and approved for duplex use per section 6.12.1030, 6.12.1130, 6.12.1330, 6.12.1430, 6.12.1530, or 6.12.1620 shall be less than 150 feet in width when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot shall also meet the minimum lot width requirements of the respective underlying zoning district.

(Code 2003, § 78-1277; Ord. No. 101(2nd series), § 1(10.56(16)(A)), 2-24-1992; Ord. No. 63(3rd series), § 1, 9-14-2009; Ord. No. 243(3rd series), § 2, 4-13-2020)

Lots intended as accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet the following minimum standards:

(1)

Any such lakeshore access lot shall be designated as an outlot and shall not be considered as a buildable residential lot.

(2)

Such an outlot shall not be subject to minimum lot area or width standards, except that the number of inland nonriparian lots which may gain access via such outlot shall not exceed the number obtained by dividing the outlot width measured at the shoreline by the required zoning district lot width, rounded down to the nearest whole number.

(3)

Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivision who are provided riparian access rights on the access outlot.

(4)

No such access outlot shall be created as part of a subdivision plat except when the building lots within the subdivision are separated by an existing public or private roadway from the lakeshore, and the land on either side of the roadway was in common ownership as of the effective date of Ordinance No. 101, adopted February 24, 1992.

(5)

Covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They can also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. Such covenants are subject to city approval.

(Code 2003, § 78-1278; Ord. No. 101(2nd series), § 1(10.56(16)(B)), 2-24-1992)

When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and structures shall be located as follows:

(1)

Building, structure, and on-site sewerage system setbacks (in feet) from ordinary high-water level.

(2)

Additional building and structure setbacks. The following additional setbacks apply, regardless of the classification of the water body:

¹  Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts.

(3)

Bluff impact zones. Buildings, structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones.

(4)

Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high-water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(5)

Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 6.12.6270. Retaining walls within the shore setback zone may be permitted according to the following:

a.

A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary.

b.

A replacement retaining wall, including a change in material, may be permitted within the shore setback zone when all of the following conditions are met:

1.

The wall is under four feet in height, and in the same location; and

2.

The existing wall shows signs of failure.

c.

A wall within a defined bluff and bluff setback; and/or a replacement wall four feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than four feet in height must meet the following conditions. The wall must be:

1.

Designed to correct an established erosion problem; and

2.

Suitable given the demonstrated need; and

3.

Designed by a registered engineer or landscape architect, depending on project scope; and

4.

Designed to be the minimum size necessary to control the erosion problem.

(6)

Average lakeshore setback. No principal or accessory building shall be located closer to the ordinary high-water line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots; this does not apply to patios and other accessory structures less than 42 inches above existing grade and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots.

a.

In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot.

b.

In situations where the average lake shore setback line bisects the principal building located on either adjacent lot, the next most adjacent lake side point of the bisected principal building shall be used for determining the average lakeshore setback. If the line continues to bisect the principal building, the next most lakeside point is to be used until the setback line does not bisect the principal building on an adjacent lot.

(Code 2003, § 78-1279; Ord. No. 101(2nd series), § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11(3rd series), § 1, 5-24-2004; Ord. No. 106(3rd series), § 28, 6-10-2013; Ord. No. 157(3rd series), § 1, 8-10-2015; Ord. No. 222(3rd series), § 19, 12-10-2018; Ord. No. 234(3rd series), § 1, 10-14-2019; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 284(3rd series), § 3, 11-13-2023; Ord. No. 303(3rd series), § 2, 4-8-2024)

All structures located within the shoreland overlay district which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of that article. The regulatory flood protection elevation shall be established as set forth in section 6.12.4640. All structures constructed within the shoreland overlay district shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory floodplain elevation cannot reasonably be determined, the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows:

(1)

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

(2)

For rivers and streams, by placing the lowest floor at least three feet above the flood of record.

(Code 2003, § 78-1280; Ord. No. 101(2nd series), § 1(10.56(16)(D)), 2-24-1992)

The only water-oriented accessory structures allowed to be located nearer the ordinary high-water level than the normal structure setback as specified in this article shall be:

(1)

One lockbox no greater than 20 square feet in area and no higher than 48 inches in height;

(2)

One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and

(3)

One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height.

(Code 2003, § 78-1281; Ord. No. 101(2nd series), § 1(10.56(16)(E)), 2-24-1992; Ord. No. 106(3rd series), § 27, 6-10-2013)

(a)

Driveways must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, a driveway may be placed within these areas when designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters, and shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction and in accordance with chapter 6.16 as approved by the community development director.

(b)

Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements:

(1)

Stairways and lifts must not exceed four feet in width.

(2)

Landings for stairways and lifts shall not exceed 32 square feet in area.

(3)

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

(4)

Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.

(5)

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

(6)

Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (b)(1) through (5) of this section are completed in addition to the requirements of the Minn. Stats. ch. 1340.

(7)

A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade.

(Code 2003, § 78-1282; Ord. No. 101(2nd series), § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59(3rd series), § 2, 5-11-2009; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 311(3rd series), § 1, 12-9-2024)

Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures, grading, or other improvements on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. Grading plans prepared for steep slopes shall be prepared by a professional engineer licensed by the state. When necessary, conditions may be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(Code 2003, § 78-1283; Ord. No. 101(2nd series), § 1(10.56(16)(G)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)

No structure within the shoreland overlay district shall exceed the height limitations set forth in the standards for the underlying zoning district.

(Code 2003, § 78-1284; Ord. No. 101(2nd series), § 1(10.56(16)(H)), 2-24-1992)

(a)

Tree removal and replacement. No tree within 75 feet of the shoreline of public waters identified in section 6.12.5970, or within the bluff impact zone, with a diameter of six inches or more (or 19 inches in circumference or greater) measured three feet above the ground may not be removed without first obtaining a permit from the city staff. Trees removed within 75 feet of the shoreline shall be replaced at a similar setback from the OHWL as the removed tree, based on the following:

(1)

Live trees less than 36 inches in diameter require one inch of replacement tree per inch of tree diameter removed.

(2)

Live trees greater than 36 inches in diameter require one-half inch of replacement tree per diameter inch of tree removed.

(3)

Replacement trees shall be at least 1.5 inches in diameter and of a type approved by the city. Trees may be inspected by city staff prior to their removal. All replacement trees shall be a species native to the state as listed on the state DNR's native trees list. All replacement trees must be approved by the city.

(4)

Dead or diseased trees or trees deemed hazardous by a certified arborist may not be removed without a permit from city staff. The removed trees shall be replaced at a ratio of one tree per tree removed, regardless of size. The replacement tree shall be replanted at a similar setback from the OHWL as the removed tree and be approved by the city administrator or designee. The city may solicit the review of the tree by an independent arborist, at the property owner's expense.

(b)

Intensive vegetation clearing.

(1)

Intensive vegetation clearing within 75 feet of the shoreline of public waters identified in section 6.12.5970, on steep slopes or within the bluff impact zone within the shoreland overlay district is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning, and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.

(2)

All intensive vegetation clearing, including the clearing of invasive species, shall require a permit from city staff and shall require the submittal of a revegetation plan acceptable to the city. The plan shall include erosion control measures if deemed necessary by the city.

(Code 2003, § 78-1285; Ord. No. 101(2nd series), § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127(2nd series), § 7, 7-11-1994; Ord. No. 178(3rd series), § 14, 10-10-2016; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 274(3rd series), § 1, 6-13-2022; Ord. No. 303(3rd series), § 3, 4-8-2024; Ord. No. 311(3rd series), § 2, 12-9-2024)

New public and private roads, parking areas, and public or private watercraft access ramps shall not be constructed within the shore setback of the public waters enumerated in section 6.12.5970. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall consider the following:

(1)

Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.

(2)

All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction and in accordance with chapter 6.16.

(Code 2003, § 78-1286; Ord. No. 101(2nd series), § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127(2nd series), § 8, 7-11-1994; Ord. No. 163(2nd series), § 3, 12-8-1997; Ord. No. 171(2nd series), § 2, 4-4-1998; Ord. No. 28(3rd series), § 17, 8-22-2005; Ord. No. 133(3rd series), §§ 2, 3, 1-26-2015; Ord. No. 219(3rd series), § 4, 12-10-2018; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No. 311(3rd series), § 3, 12-9-2024)

The following general and specific standards shall apply in addition to those standards found in article VIII of this chapter and section 6.20.910:

(1)

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

(2)

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

(3)

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

(4)

When constructed facilities are used to perform water management, documentation must be provided by a registered professional civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district.

(5)

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

(Code 2003, § 78-1287; Ord. No. 101(2nd series), § 1(10.56(16)(K)), 2-24-1992)

Hardcover on all lots within the shoreland overlay district shall comply with the requirements of article XIII of this chapter.

(Code 2003, § 78-1288; Ord. No. 94(3rd series), § 6, 9-24-2012)

(a)

Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters, if permitted by the underlying zoning district standards. Those uses with water-oriented needs must meet the following standards:

(1)

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

(2)

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.

(3)

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

a.

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

b.

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

c.

The aggregate square footage of sign space per property shall not exceed the limitations on sign square footage as regulated in article X, division 4 of this chapter.

d.

Non sign-related outside lighting may be located within the lakeshore setback zone or over public waters only if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.

(b)

Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high-water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(Code 2003, § 78-1289; Ord. No. 101(2nd series), § 1(10.56(16)(M)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)

(a)

When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, horticulture, truck farming and wild crop harvesting shall be allowed in the shoreland overlay district; except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation.

(b)

Animal feedlots must meet the following standards:

(1)

New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and

(2)

Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-water level setback or encroach on bluff impact zones.

(Code 2003, § 78-1290; Ord. No. 101(2nd series), § 1(10.56(16)(N)), 2-24-1992)

The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point-Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota.

(Code 2003, § 78-1291; Ord. No. 101(2nd series), § 1(10.56(16)(O)), 2-24-1992)

In addition to interim use permit requirements included within article XIV of this chapter, the following standards apply:

(1)

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

(2)

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

(Code 2003, § 78-1292; Ord. No. 101(2nd series), § 1(10.56(16)(P)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)

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

(Code 2003, § 78-1293; Ord. No. 101(2nd series), § 1(10.56(16)(Q)), 2-24-1992)

Any premises used for human occupancy must be provided with an adequate method of sewage treatment per chapter 5.24, article II. On-site sewage treatment systems must be set back from the ordinary high-water level in accordance with the setbacks contained in section 6.12.6240. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.12.6170.

(Code 2003, § 78-1294; Ord. No. 101(2nd series), § 1(10.56(16)(R)), 2-24-1992)

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.

(Code 2003, § 78-1295; Ord. No. 101(2nd series), § 1(10.56(16)(S)), 2-24-1992)

Residential planned unit developments (planned residential developments or PRDs) are allowed in the shoreland overlay district for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Land use districts in which they are an allowable use are identified in the individual zoning district descriptions in this chapter; except rezoning to M-6 and development via the M-6 PRD shall not be allowed within the shoreland overlay district.

(Code 2003, § 78-1321; Ord. No. 101(2nd series), § 1(10.56(19)(A)), 2-24-1992)

Commercial planned unit developments are limited to land within the Highway 12 Corridor as set forth in the city's comprehensive plan Amendment No. 2 adopted May 23, 1988. The following further restriction shall apply: No land located within the shoreland overlay district shall be developed via a commercial PUD. Any proposed amendment to this chapter which would allow commercial PUD development within the shoreland overlay district shall be subject to review by the department of natural resources to ensure consistency with DNR requirements for shoreland areas.

(Code 2003, § 78-1322; Ord. No. 101(2nd series), § 1(10.56(19)(B)), 2-24-1992)

Residential planned unit developments (PRDs) shall be processed as a conditional use permit as required by the individual zoning district standards.

(Code 2003, § 78-1333; Ord. No. 101(2nd series), § 1(10.56(19)(C)), 2-24-1992)

The applicant for a PRD must submit the following documents, in addition to the information required in article IV, division 10 of this chapter, prior to final action's being taken on the application request:

(1)

A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at two-foot intervals.

(2)

Property owners' association agreement with mandatory membership, in accordance with the requirements of this article.

(3)

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

a.

Properly address future vegetative and topographic alterations, construction of additional buildings, and beaching of watercraft; and

b.

Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this article.

(4)

Those additional documents as requested by the city that are necessary to explain how the PRD will be designed and will function.

(Code 2003, § 78-1324; Ord. No. 101(2nd series), § 1(10.56(19)(D)), 2-24-1992)

Proposed new or expansions to existing PRDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation:

(1)

The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high-water level at the following intervals, proceeding landward:

Shoreland Tier Dimensions

(2)

The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the ordinary high-water level of public waters. This suitable area and the proposed project are then subjected to the PRD density evaluation steps to arrive at an allowable number of dwelling units or sites.

(Code 2003, § 78-1325; Ord. No. 101(2nd series), § 1(10.56(19)(E)), 2-24-1992)

The procedures for determining the allowable density of a PRD is as follows:

(1)

The suitable area within each tier is divided by the single residential lot size standard of the underlying zoning district, yielding the allowable number of dwelling units or sites for each tier (fractions shall be rounded down to the nearest whole number, but may be transferred as noted in subsection (2) of this section).

(2)

Allowable densities or numbers of units or excess fractions of units may be transferred from any tier to any other tier further from the water body but must not be transferred to any other tier closer.

(3)

No density increases based on increased setbacks or other factors will be allowed.

(Code 2003, § 78-1326; Ord. No. 101(2nd series), § 1(10.56(19)(F)), 2-24-1992)

(a)

Generally. Before final approval of a PRD, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

(b)

Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:

(1)

Commercial uses prohibited.

(2)

Vegetation and topographic alterations other than routine maintenance prohibited.

(3)

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

(4)

Uncontrolled beaching of watercraft prohibited.

(c)

Development, organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all PRDs must use an owners' association with the following features:

(1)

Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers.

(2)

Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites.

(3)

Assessments must be adjustable to accommodate changing conditions.

(4)

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

(Code 2003, § 78-1327; Ord. No. 101(2nd series), § 1(10.56(19)(G)), 2-24-1992)

PRDs must contain open space meeting all of the following criteria:

(1)

At least 50 percent of the total project area must be preserved as open space.

(2)

The following items shall not be included in the computation of minimum open space:

a.

Dwelling units or sites.

b.

Road rights-of-way.

c.

Land covered by road surfaces.

d.

Parking areas.

e.

Structures.

f.

Commercial facilities or uses.

(3)

The following items shall be included in the computation of minimum open space:

a.

Wetlands.

b.

Significant historic sites.

c.

Unplatted cemeteries.

d.

Other areas with physical characteristics unsuitable for development in their natural state.

e.

The lakeshore setback zone, based on normal required structure setbacks, must be included as open space. For PRDs, the entire lakeshore setback zone must be preserved in its natural or existing state, except for those improvements necessary to provide reasonable pedestrian access to the water body as regulated elsewhere in this chapter.

(4)

Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems.

(5)

The appearance of open space areas, including topography, vegetation and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means.

(Code 2003, § 78-1328; Ord. No. 101(2nd series), § 1(10.56(19)(H)), 2-24-1992)

Erosion control and stormwater management plans must be developed, and the PRD must:

(1)

Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffered strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Minnehaha Creek Watershed District may be required if project size and site physical characteristics warrant.

(2)

Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff.

(Code 2003, § 78-1329; Ord. No. 101(2nd series), § 1(10.56(19)(I)), 2-24-1992; Ord. No. 94(3rd series), § 7, 9-24-2012)

Centralization and design of facilities and structures must be done according to the following standards:

(1)

PRDs must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the state department of health, the state pollution control agency, and as regulated elsewhere in this chapter. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewerage system.

(2)

Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification:

a.

Setback from the ordinary high-water level.

b.

Elevation above the surface water features.

c.

Maximum height.

(3)

Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas, must be centralized and located in an area suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock or other relevant factors. The number of dwelling units or sites which may be granted lake access shall not exceed the number of riparian dwelling units or sites which could be created under a standard subdivision. The allowable number of dock slips or moorings and the designation of which dwelling units or sites shall have the right to use those slips or moorings shall be subject to council approval and shall be defined in the covenants governing the PRD. In no case shall the number of slips or moorings exceed the number allowed under the official controls of the Lake Minnetonka Conservation District. All docks serving three or more dwelling units shall be subject to the joint use dock licensing requirements in chapter 6.28, article II.

(4)

Structures. Parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the city, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

(5)

Accessory structures and facilities must meet the required principal structure setback and must be centralized, except for those pedestrian access and equipment storage structures allowed elsewhere in this chapter.

(Code 2003, § 78-1330; Ord. No. 101(2nd series), § 1(10.56(19)(J)), 2-24-1992)

Existing resorts or other land uses may be converted to planned residential developments if all of the following standards are met:

(1)

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

(2)

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

(3)

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

a.

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

b.

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

c.

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

(4)

Existing dwelling unit or dwelling site densities that exceed the standards in section 6.12.6560 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means.

(Code 2003, § 78-1331; Ord. No. 101(2nd series), § 1(10.56(19)(K)), 2-24-1992; Ord. No. 243(3rd series), § 2, 4-13-2020)