Park Rapids City Zoning Code
GENERAL SHORELAND
REQUIREMENTS
§ 151.080 VEGETATIVE ALTERATIONS.
(A) Intensive vegetative clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetative clearing for forest land conversion to another use outside of these areas is allowed as a conditional use provided an erosion control and sedimentation plan is developed and approved by the Hubbard Soil and Water Conservation District;
(B) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting and pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways, lifts and landings, picnic areas, access paths, livestock watering areas, and beach and watercraft access areas, provided that:
(1) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
(2) Along rivers, existing shading of water surfaces is preserved; and
(3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
(C) Vegetative alterations necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 151.082 of the chapter are exempt from the vegetative alteration standards prescribed in the section.
(Prior Code, § 66-71) (Ord. passed 1994) Penalty, see § 151.999
§ 151.081 TOPOGRAPHIC ALTERATIONS/GRADING AND FILLING.
Topographic alterations, including grading or filling, shall not be allowed without a use permit from the Zoning Administrator, with the following exceptions.
(A) The cumulative movement of less than 10 cubic yards of material on steep slopes or within shore or bluff impact zones may be undertaken without a permit.
(B) The cumulative movement of less than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones may be undertaken without a permit.
(C) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards prescribed in this section must be incorporated into the issuance of permits for the construction of structures, sewage treatment systems, and driveways.
(D) Public roads and parking areas must meet the requirements prescribed in § 151.082 of this chapter.
(E) The following considerations and conditions must be adhered to for the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:
(1) Grading and filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the functional qualities of the wetland, including: sediment and pollutant trapping and retention; storage of surface runoff to prevent or reduce flood damage; fish and wildlife habitat; recreational use; shoreline or bank stabilization; and note worthiness, including special qualities such as historic significance, and critical habitat for endangered plants and animals. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised by the Zoning Administrator;
(2) Alterations must be conducted in a manner that ensures that only the smallest amount of bare ground is exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetative cover must be established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Hubbard Soil and Water Conservation District and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates an unstable slope;
(7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under M.S. Chapter 103 G, as it may be amended from time to time;
(10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level does not exceed 3 feet.
(F) Excavating where the intended purpose is connection to public water, such as boat slips, canals, lagoons, and harbors, requires a conditional use permit from the Park Rapids City Council. The conditional use permit shall only be granted after the Commissioner of Natural Resources has approved the proposed connection to public waters.
(Prior Code, § 66-72) (Ord. passed 1994) Penalty, see § 151.999
§ 151.082 PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS, RECREATIONAL TRAILS AND PARKING AREAS.
(A) Public and private roads, recreational trails and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the technical guides of the Hubbard Soil and Water Conservation District, or other technical materials.
(B) Roads, driveways, recreational trails and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, but must be designed to minimize adverse impacts.
(C) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided that the vegetative screening and erosion control conditions of this section are met. For private facilities, the grading and filling provisions prescribed in § 151.081 (D) of this chapter must be met.
(Prior Code, § 66-73) (Ord. passed 1994) Penalty, see § 151.999
§ 151.083 STORMWATER MANAGEMENT STANDARDS.
(A) 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.
(B) (1) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
(2) Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(C) (1) 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.
(2) Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
(D) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the Hubbard Soil and Water Conservation District.
(E) Newly constructed stormwater outfalls to public water must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(F) Impervious surface coverage of lots must not exceed 25% of the lot area.
(Prior Code, § 66-74) (Ord. passed 1994) Penalty, see § 151.999
§ 151.084 SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC AND SEMI-PUBLIC USES.
(A) Surface water-oriented commercial uses and industrial, 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. Those uses with water-oriented needs must meet the following standards:
(1) In addition to meeting impervious coverage limits, setbacks, and other dimensional provisions of this chapter, 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; and
(3) Uses that depend on patrons arriving by watercraft may use signs and lighting 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 Hubbard County Sheriff;
(b) Signs may be placed, when necessary, within the shore impact zone. The signs must not be located higher than 10 feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lighting, the lights shall be shielded or directed to prevent illumination out across public waters; and
(c) Other outside lighting may be located within the shore impact zone or over public waters 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 section does not preclude the use of navigational lighting.
(B) Uses without water-oriented needs must be located on lots or parcels without public water frontage, or, if located on lots with public water frontage, must either be set back double the normal setback from the ordinary high water level or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(Prior Code, § 66-75) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999
§ 151.085 SPECIAL PROVISIONS FOR AGRICULTURAL USES.
(A) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the Hubbard Soil and Water Conservation District or the United States Soil Conservation Service. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level, or half of the structure setback from the ordinary high water level within the particular management district, whichever is greater.
(B) Animal feedlots must meet the following standards:
(1) New feedlots 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 water basins;
(2) Modifications or expansions to existing feedlots that are located within 300 feet from 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; and
(3) Feedlots must comply with Minnesota Pollution Control Agency Rules Chapter 7020, as it may be amended from time to time.
(C) Agricultural practices and associated uses must be conducted consistent with the provisions of Agricultural and Water Quality, Best Management Practices for Minnesota, a copy of which is on file at city hall, Park Rapids, Minnesota.
(Prior Code, § 66-76) (Ord. passed 1994) Penalty, see § 151.999
§ 151.086 SPECIAL PROVISIONS FOR FOREST MANAGEMENT.
The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota, a copy of which is on file at city hall, Park Rapids, Minnesota.
(Prior Code, § 66-77) (Ord. passed 1994) Penalty, see § 151.999
§ 151.087 SPECIAL PROVISIONS FOR EXTRACTIVE USES.
(A) 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. The plan 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.
(B) Processing machinery must be located consistent with setback standards for structures from the ordinary high water level of public water and from bluffs.
(C) Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 to 93.51, as it may be amended from time to time, shall be a permitted use provided the provisions of the specified sections of state statutes are satisfied.
(Prior Code, § 66-78) (Ord. passed 1994) Penalty, see § 151.999