The legislature of the State of Minnesota has, in Minnesota Statutes 103F.221, directed that municipalities with shorelands adopt regulations which comply with State Standards for Municipal Shoreland Management. Pursuant to the same statute, the Commissioner of the Department of Natural Resources has adopted, in Minn. Reg., Parts 6120.2500-6120.3900, Standards for the Management of Shoreland Areas which set forth the minimum requirements for the subdivision, use, and development of the shorelands of public waters. This section of the Plymouth Zoning Ordinance is responsive to the cited legislative mandate as administered by the Commissioner of the Minnesota Department of Natural Resources.

The regulations contained in this section are intended to guide and govern the wise development of shoreland of public waters, thus preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of water and related land resources in the City. It is the intent of this section to implement the goals and objectives of the Comprehensive Plan with respect to the identified shoreland areas. The regulations contained within this section establishing this overlay district are intended to manage areas suitable for development of varying types as allowed in the underlying zoning district. It is the intent that this section be administered in conjunction with the adopted land use regulations and requirements of this Chapter and of other ordinances, codes, and policies.

Subd. 1.

Lands to which Subdivision Applies and Classification of Public Waters.

(a)

This Section shall apply to 1) all riparian parcels of land, 2) all parcels of land lying entirely within the shoreland management overlay district, and 3) all parcels of land lying partially within the shoreland management overlay district that contain greater than two acres. In cases where a parcel of land is located partially within the shoreland management overlay district and contains greater than two acres, the provisions of this Section shall apply only to that portion of the parcel lying within the boundaries of the shoreland management overlay district. This Section applies to shoreland areas of those public waters which have been defined and classified by the Commissioner of the Department of Natural Resources pursuant to Minnesota Statutes and State Regulations, and which are shown on the Shoreland Management Map which shall be considered a part of the Official Zoning Map and this Chapter.

(Amended by Ord. No. 2009-07, 05/12/09)

(b)

The following public waters have been classified for purposes of this Chapter by the Commissioner of the Department of Natural Resources; the lakes include: Pike, Bass, Camelot (formerly known as Mud), Pomerleau, Schmidt, Lost, Turtle, Medicine, Parkers, Kreatz, Snyder, Mooney, Hadley, Gleason, and Cavanaugh; and, the tributary streams include: Elm Creek, Bass Creek, Plymouth Creek and the unnamed tributary located in Section 2 in the vicinity of Eagle and Pike Lakes (commonly referred to as Pike Creek). The unnamed tributary running from Basin 583 in Section 13 to the municipal boundary in Section 13 (commonly referred to as Lost Creek) shall be exempt from the provisions of this Section.

(Amended by Ord. No. 2002-02, 01/22/02)

(c)

The defined shorelands of these public waters are those governed by this section. These public waters have been classified by the Commissioner of the Department of Natural Resources pursuant to Minnesota Statutes and Minn. Reg. Parts 6120.2500—6120.3900 as follows:

(1)

General Development (GD) the following lakes: Bass (98P), Lost (103P), and Medicine (104P).

(2)

Recreational Development (RD) the following lakes: Gleason (95P), Hadley (109P), Kreatz (108P), Snyder (468P), Mooney (134P), Parkers (107P), Pike (111P), Schmidt (102P), Turtle (101P), and Cavanaugh (110P).

(3)

Natural Environment (NE) the following lakes: Camelot (99P) and Pomerleau (100P).

(4)

Tributary Streams (TS) — the following creeks: Bass Creek (from Basin 98 in Section 2 to Basin 571 in Section 1 and from Basin 599 in Section 8 to Basin 98 in Section 11); Elm Creek (from Section 7 to Section 5); Plymouth Creek (from Section 17 to Basin 104 in Section 26); and the unnamed tributary located in Section 2 in the vicinity of Eagle and Pike Lakes (commonly referred to as Pike Creek). The unnamed tributary running from Basin 583 in Section 13 to the municipal boundary in Section 13 (commonly referred to as Lost Creek) shall be exempt from the provisions of this Section.

(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2002-32, 11/26/02)

NOTE: Refer to text and to Shoreland Management Area Map for Details

GD — General Development; RD — Recreational Development; NE — Natural Environment; O.H.W.L. — Ordinary High Water Level

(Amended by Ord. No. 2002-32, 11/26/02; Ord. No. 2004-02, 01/13/04; Ord. No. 2012-05, 02/28/12)

NOTE: Refer to text and to Shoreland Management Area Map for Details

(Amended by Ord. No. 2002-02, 01/22/02)

Subd. 2.

Interpretation of District Boundaries.

(a)

The boundaries of the Shoreland Management Overlay District shall be the shorelands as defined in this Chapter.

(b)

The practical limits of shoreland may be less than the statutory limits as set forth in this Section whenever the waters involved are bounded by topographic devices which extend landward from the waters for lesser distances and when approved in writing by the Commissioner of the Department of Natural Resources.

(c)

When interpretation is needed as to the exact location of the boundaries of the Shoreland Management District on the official Zoning Map, where, for example, there appears to be a conflict between a mapped boundary and actual field conditions, the City Engineer shall make the initial interpretation based upon surveys, plans, and other engineering data provided by the person seeking an interpretation; and, based upon the plans and other data available to the City including the City's adopted Comprehensive Storm Water Drainage Plan. The initial interpretation of the City Engineer shall be referred to the Commissioner of the Department of Natural Resources who shall make a final determination pursuant to State law and regulations.

(Amended by Ord. No. 2009-07, 05/12/09)

The following standards shall apply to all developments and subdivisions within the designated shoreland areas in the City. Where specific minimum standards are not given in this section, the minimum standards for the appropriate underlying Zoning District as set forth elsewhere in this Chapter shall apply.

Subd. 1.

Minimum Lot Size. All lots intended as residential building sites, which are platted or created by metes and bounds description after the date of enactment of this section shall conform to the following dimensions within the designated classifications:

(a)

Natural Environment Lakes: Lots which are not served by municipal sanitary sewer and which are abutting a public water, shall have a minimum 200 feet in width at the Ordinary High Water Level. Lots which are served by municipal sanitary sewer, and which abut a public water shall have a minimum area of 40,000 square feet, and shall have a minimum width of one hundred 125 feet at the building line and at the Ordinary High Water Level. All other lots which are served by municipal sanitary sewer, but which do not abut the public water shall have a minimum area of 20,000 square feet and shall have a minimum width of 125 feet at the building line.

(b)

Recreational Development Lakes: Lots which are not served by municipal sanitary sewer and which are abutting the public water shall have a minimum 150 feet in width at the Ordinary High Level. Lots which are served by municipal sanitary sewer and which abut the public water shall have a minimum area of 20,000 square feet and a minimum width of 110 feet at the building line and a minimum width of 75 feet at the Ordinary High Water Level.

(c)

General Development Lakes: Lots which are not served by municipal sanitary sewer and which are abutting the public water shall have a minimum of 100 feet in width at the Ordinary High Water Level. Lots which are served by municipal sanitary sewer and which abut the public water shall have a minimum width of 75 feet at the Ordinary High Water Level.

(d)

Exceptions: Exceptions to the lot area and width requirements set forth in this paragraph may be allowed without variance for the following:

(1)

Lots in Planned Unit Developments which are approved pursuant to Section 21665.07 of this section and Section 21655 of this Chapter;

(2)

Lots in Planned Unit Developments which were approved with provision for phased development and recorded with outlots, which include the land for the phased lots, pursuant to Section 21655 of this Chapter prior to the effective date of this section;

(3)

Lots shown on preliminary plats and created by final plats which were approved prior to the effective date of this section and which are effective within the provisions of Minnesota Statutes Section 462.

Subd. 2.

Minimum Setback Requirements for all Structures. The following minimum setback dimensions shall apply to all structures allowed in the Shoreland Management Overlay District and these dimensions shall supersede the applicable dimensions set forth by this Chapter for the underlying or Floodplain Overlay zoning district except where the minimum dimensions of the underlying or Floodplain Overlay zoning district are greater than those set forth in this paragraph, in which cases the more restrictive or greater dimensions shall apply.

(a)

Natural Environment Lakes: Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 150 feet from the Ordinary High Water Level; and, structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 150 feet from the Ordinary High Water Level.

(b)

Recreational Development Lakes: Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 100 feet from the Ordinary High Water Level; and, structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 75 feet from the Ordinary High Water Level.

(c)

General Development Lakes: Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 75 feet from the Ordinary High Water Level; and, structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 50 feet from the Ordinary High Water Level.

(d)

Tributary Streams: Structures on lots which abut the public water and which are not served by municipal sanitary sewer shall be at least 100 feet from the Ordinary High Water Level; and, structures on lots which abut the public water and which are served by municipal sanitary sewer shall be at least 50 feet from the Ordinary High Water Level.

(e)

General Requirements and Exceptions:

(1)

One water-oriented accessory structure, as defined and allowed by this Chapter, may be located on a residential lot abutting public water landward of and closer to the ordinary high water level than allowed by this section, provided it is in compliance with the following:

a.

It is not designed or used for habitation, and does not contain potable water or sanitary sewer facilities.

b.

It is at least ten feet from the Ordinary High Water Level.

c.

It is treated to reduce visibility as viewed from the public water and adjacent properties in the Shoreland Management District by vegetation, topography, increased setbacks, or color, assuming summer season, leaf-on conditions.

d.

It does not exceed ten feet in height, exclusive of safety rails required by the Minnesota State Building Code.

e.

It has a maximum ground coverage of 250 square feet if the lot abuts a Natural Environment Lake or Tributary Stream and 400 square feet if the lot abuts a General Development or Recreational Development Lake where the structure is used exclusively for water craft and water-oriented equipment storage and the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

f.

Detached decks may not exceed eight feet above grade at any point.

g.

Any deck located on the roof shall fully comply with the Minnesota State Building Code and shall in no case: be enclosed except for required safety rails, be covered, or be used for storage.

(2)

Piers, retaining walls, fences, and docks which may be allowed by this Chapter, shall conform to the design and maintenance standards of all applicable Federal, State, and City Regulations.

(3)

Structural setback requirements from the Ordinary High Water Level may be altered without variance as follows:

a.

To conform with the setbacks of existing principal structures on the lots on both sides of the subject lot; provided, however, the subject lot is not in a Shore Impact Zone or Bluff Impact Zone as defined by this Chapter, and the approved altered setback is no less than the average setback of the existing principal structures on the abutting lots or that established in the underlying zoning district, including the Flood Plain Overlay District whichever is greater.

(Amended by Ord. No. 2004-02, 01/13/04)

b.

To allow the addition of an attached deck to a structure that lawfully existed on the effective date of this Section, provided all of the following are met:

1.

A thorough evaluation of the property and structure reveals no reasonable location for an attached deck meeting or exceeding the existing ordinary high water level setback of the structure;

2.

The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than thirty feet, whichever is more restrictive;

3.

The deck is constructed primarily of wood or other approved material, and is not roofed or screened;

(Amended by Ord. No. 2006-04, 02/07/06)

4.

The resulting structure setback from the property line is not less than the minimum established by this Chapter for the underlying zoning district.

(4)

Setbacks from the Ordinary High Water Level for nonresidential structures that are allowed by this Chapter for uses requiring location on lots abutting public waters, as determined by the City, shall be no closer than the setbacks provided in this section provided, the approved setback is no less than that established in the applicable underlying zoning district including the Flood Plain Overlay District.

(5)

All structures other than stairways and landings shall have a minimum setback of 30 feet from the top of a bluff as defined by this Chapter.

(6)

Structures in the Shoreland Overlay District shall have a minimum setback of 50 feet from the boundaries of an unplatted cemetery protected under Minnesota Statutes, Section 307.08; setbacks less than 50 feet shall be subject to approval by the State Archaeologist's Office, but shall be no less than the setback established in the underlying zoning district.

(7)

No structure in the Shoreland Overlay District shall be placed on a significant historic site unless adequate information about the site has been removed and documented in a public repository.

(8)

Commercial, industrial, public, and semi-public uses that have water-oriented needs, as determined and approved by the City, may be authorized by conditional use permit subject to the conditional use requirements and procedures outlined in Section 21665.05 of this Chapter and to the following:

(Amended by Ord. No. 2011-05, 02/22/11)

a.

Short-term water craft mooring shall be centralized, designed to avoid obstructions of navigation, and no larger than necessary to meet the demonstrated need;

b.

Only signs conveying non-commercial or safety-related information and placed by City or other public authorities shall be located in or upon public waters.

c.

Only signs conveying non-commercial or safety-related information shall be located within the shore impact zone, and signs shall be subject to the requirements of this Chapter, provided the maximum height shall be ten feet and the maximum area shall be 32 square feet.

d.

All artificial lighting shall be shielded or directed to avoid illumination of public waters, except safety hazards; provided that navigation lights may be installed for safety purposes.

(Amended by Ord. No. 2012-05, 02/28/12)

TABLE 3
SPECIAL MINIMUM LOT SIZE AND STRUCTURE SETBACK STANDARDS

NOTE: Refer to this and other subdivisions of this Chapter which address the minimum lot size and structure setback standards. There are minimum lot size and structure setback standards for all uses in all Zoning Districts.

This table contains only those minimums which exceed the minimum standards of the underlying Zoning District for the size of residential building sites and the setback of all structures from the Ordinary High Water Level on lots abutting public water. Structure setbacks on lots not abutting public water are from the property line.

NE — Natural Environment; GD — General Development; RD — Recreational Development;

O.H.W.L. — Ordinary High Water Level; B.L. — Building Line; Sewer — City Sewer;

TS — Tributary Stream;

UL — Underlying Zoning District (Sections 21350—21650)

(Amended by Ord. No. 2012-05, 02/28/12)

Subd. 3.

Maximum Height of Structures. The maximum height of all structures in the Shoreland Overlay District shall be 45 feet, but in no case shall be more than the maximum height set forth in the applicable underlying zoning district; provided, however, exceptions to this requirement may be made for churches, for agricultural structures allowed by this Chapter, and for structures which are approved as part of a Planned Unit Development pursuant to provisions of this Section and of Section 21655 of this Chapter.

(Amended by Ord. No. 2002-32, 11/26/02; Ord. No. 2012-05, 02/28/12)

Subd. 4.

Maximum Impervious Surface Area and Stormwater Management Standards.

(a)

Maximum Impervious Surface Area. The total area of all impervious surfaces on a lot shall not exceed 25 percent of the total lot area lying above the ordinary high water level.

(b)

Stormwater Management Standards.

(1)

Drainage of stormwater from land in the Shoreland Management Overlay District shall be by means approved by the City Engineer that maximize the feasible use of existing natural drainageways, wetlands, and vegetated soils to convey, store, filter, and retain stormwater before discharge to public waters.

(2)

Development in designated Shoreland Management areas shall minimize the extent of disturbed areas, runoff velocities, erosion potential, shall reduce and delay runoff volumes, and shall stabilize and protect disturbed areas consistent with City regulations and plans approved by the City Engineer.

(3)

Devices for stormwater outfall to public waters shall be designed and constructed to filter and settle suspended solids and to skim surface debris before discharge.

(Amended by Ord. No. 2009-07, 05/12/09; Ord. No. 2004-02, 01/13/04; Ord. No. 2011-05, 02/22/11; Ord. No. 2012-05, 02/28/12)

Subd. 5.

Standards for Placement and Design of Roads and Driving and Parking Areas.

(a)

Where feasible and practical, as determined by the City Council, all public and private roads and parking areas shall comply with the minimum setback requirements established for structures on lots abutting public waters which are served by public sanitary sewer in Section 21665.04, Subd. 2. of this section; and shall not be located within bluff and shore impact zones; provided however, that maximum screening from view from public waters shall be achieved through the use of natural vegetation and topography.

(b)

Approved parking areas for uses other than single family dwellings shall be screened utilizing natural topography, vegetation or other natural materials consistent with the standards of this Chapter. For purposes of this section, the public water side of such approved parking areas shall be considered as a residential use when determining screening requirements.

Subd. 6.

Minimum Lowest Floor Elevations. All structures on land in the Shoreland Management Overlay District which is also in the Flood Plain Overlay District shall be placed at an elevation consistent with the requirements of that district as set forth in Section 21660 of this Chapter. The elevation to which the lowest floor, including basement, of all structures on land which is within the Shoreland Overlay District, but which is not in the Floodplain Overlay District shall be determined as follows:

(a)

For lakes, by an evaluation of available flood information consistent with the procedures for evaluating proposed uses within the General Floodplain District set forth in Section 21660 of this Chapter; or by placing the lowest floor at a level at least three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the Ordinary High Water Mark should be used.

(b)

For tributary streams, by an evaluation of available flood information consistent with the procedures for evaluating proposed uses within the General Floodplain District as set forth in Section 21660 of this Chapter.

Subd 7.

Stream Buffering Requirement. All lots of record created after September 10, 2019, and all properties with projects received after September 10, 2019 that would result in over 200 cubic yards of cut or fill or over 10,000 square feet of soil disturbance, shall provide and maintain a stream buffer abutting all streams and watercourses that are categorized as Public Waters in Minnesota Statutes, Section 103G.005, Subdivision 15. For such lots and properties, the following stream buffer regulations shall apply:

(a)

Stream buffer strip vegetation shall be established and maintained. Except for removal of noxious weeds, non-native invasive plants and dead vegetation, stream buffer strips shall not be disturbed, cut (mowed) or cultivated, without prior approval of a buffer restoration/management plan by the City Engineer. The use and maintenance of an unimproved access strip, not more than ten feet in width, is allowed within the buffer. Buffer strips shall be located within a drainage and utility easement, and shall be identified within each lot by permanent monumentation approved by the City.

(b)

Buffers shall be kept free of all structures and features including: fences, play equipment, and storage of household and personal items, lawn equipment, furniture, firewood, parts, yard waste, and the like. Buffers are not required where public roads or trails abut or cross the stream.

(c)

Stream buffer strips not required by this Section may be voluntarily created in conformance with the requirements of this Section concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit.

(d)

Pursuant to the regulations of this Section, the following dimensional requirements shall apply to stream buffer strips based on the watershed in which the stream is located, as follows:

a.

Bassett Creek Watershed: Bassett Creek, Plymouth Creek, and the North Branch of Bassett Creek shall have a stream buffer on either side of the watercourse that measures at least ten feet in width or 25 percent of the distance between the ordinary high water level and the nearest existing structure, whichever is less.

b.

Elm Creek Watershed: Elm Creek and any other watercourses shall have a stream buffer on either side of the watercourse that averages at least 50 feet in width, with a minimum buffer of 25 feet.

c.

Shingle Creek Watershed: All streams and watercourses that are designated as Public Waters shall have a stream buffer on either side of the watercourse that averages at least 30 feet in width, with a minimum buffer of 20 feet.

(e)

A permanent stream buffer monument shall be installed and maintained at each lot line where it crosses a stream buffer strip, and where needed to indicate the contour of the buffer strip, with a maximum spacing of 100 feet.

(f)

Stream buffer vegetation shall meet all performance standards of Section 21670.08 of this Chapter unless otherwise approved or directed by the City Engineer.

(Ord. No. 2019-16, § 5, 9/10/2019; Ord. No. 2024-09, § 33, 3/26/2024; Ord. No. 2025-02, § , 3/25/2025)

The following are requirements and procedures to be administered and enforced for conditional uses allowable pursuant to Section 21665.04, Subd. 2(e)(8) of this Chapter. These requirements may supersede certain provisions. Where specific requirements and procedures are not given in this paragraph, the conditional use provisions set forth in Section 21015 of this Chapter shall apply.

Subd. 1.

Application for a conditional use permit shall include appropriate narrative and technical data to enable the City to thoroughly evaluate the waterbody, topographic, vegetation, and soil conditions of the site of the proposed use to ensure:

(a)

The prevention of soil erosion and other pollution of public waters during and after development;

(b)

The view of structures and other facilities from public waters is limited;

(c)

Both potable water and appropriate sanitary sewage disposal are available for the site;

(d)

The types, uses, and numbers of water craft that the use will involve, if any, can be safely accommodated on the public water.

Subd. 2.

The Planning Commission may recommend and the City Council may adopt conditions such as, but not limited to, the following to ensure the purposes of this section are met:

(a)

Increased setbacks from the Ordinary High Water Level;

(b)

Limitations on the natural vegetation that may be removed and/or requirements for additional vegetation;

(c)

Special requirements for the location, design, and use of structures, sewage treatment, water craft launching and docking, and vehicle parking.

Subd. 3.

A copy of all notices of any public hearing scheduled to consider requests for conditional use permits for uses governed by this section shall be sent to the Commissioner of the Department of Natural Resources and postmarked at least ten days prior to the scheduled hearing.

Subd. 4.

A copy of the final decision granting a conditional use permit for a use governed by this section shall be sent to the Commissioner of the Department of Natural Resources and postmarked within ten days of the final action.

(Amended by Ord. No. 2011-05, 02/22/11; Ord. No. 2012-05, 02/28/12)

The following are requirements and procedures to be administered and enforced in conjunction with the City Subdivision Code, and related Ordinances, and Policies regarding the platting and division of all property in the Shoreland Management Overlay District.

Subd. 1.

Land Suitability. Land shall be platted or divided which is held by the City Council to be suitable in its natural state for the proposed use, with minimal alteration. Suitability shall be determined by reviewing factors such as, but not limited to, susceptibility to flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage disposal, protected wetlands, significant historic sites, or any other feature deemed likely to be harmful to the health, safety, or welfare of present or future residents or occupants of the proposed subdivision, the immediate neighborhood, or of the City.

Subd. 2.

Inconsistent Plats and Land Divisions. For purposes of this paragraph, inconsistency with the requirements of this section shall be considered a variance, subject to the applicable variance standards and procedures of this section.

Subd. 3.

Lots for Controlled Access. Lots proposed to serve as controlled accesses to public waters or as recreational areas for the benefit of non-riparian lots, where allowed by this Chapter, within a subdivision, shall meet the following standards:

(a)

All area and width requirements for residential lots as provided in this Section.

(b)

The suitability standards of this paragraph, in consideration of the proposed use of the lot or lots.

(c)

The width of the lot shall be increased, while retaining the lot depth, by the percent of the required width for residential lots abutting public water for each water craft over six, if docking, mooring, or over-water storage of more than six water craft is allowed. The required percentage increase in frontage is indicated (%) following the ratio of lake size in acres to shore length in miles: Less than 100 (25%); 100—200 (20%); 201—300 (15%); 301—400 (10%); greater than 400 (5%).

(d)

The lot must be owned jointly by all lot owners in the subdivision who are provided riparian access rights on the lot.

(e)

Covenants or equivalent legal instruments approved by the City Attorney shall be filed with the title for the lot and for all lots with rights to use the lot; the benefiting lots, authorized activities, limitations on the development and use of lot and special conditions imposed to ensure compliance with applicable regulations shall be specified.

(f)

Lots or outlots for controlled access that existed prior to adoption of Ordinance No. 94-10 on July 7, 1994, shall be considered legally conforming and shall be exempt from the provisions set forth in this Subdivision 3.

Subd. 4.

Submittal of Approved Subdivisions to Commissioner. A copy of all plats and land divisions involving property within the Shoreland Management Overlay District shall be submitted to the Commissioner of the Department of Natural Resources and postmarked within ten days of final approval by the City Council.

(Ord. No. 2022-10, § 43, 8/16/2022)

Developments with modification of density and design standards as set forth in this section may be allowed as exceptions for Planned Unit Developments (PUD) which are proposed and approved in accordance with Section 21655 of this Chapter, and with the following requirements:

Subd. 1.

Notice of hearing for the required PUD sent to the Commissioner of the Department of Natural Resources as prescribed by this section shall include a copy of the Preliminary PUD Plan, Plat, and other pertinent materials submitted with the application to permit review with respect to that portion of the Planned Unit Development which is within the Shoreland Management Overlay District.

Subd. 2.

Designated public and private open space for that portion of the PUD which is within the Shoreland Management Overlay District shall be subject to the following:

(a)

Approved open space shall be preserved through appropriate legal means including restrictive covenants, dedications, or other methods approved by the City Council. Protection shall include:

(1)

Prohibition of commercial uses in the case of Residential Planned Unit Developments;

(2)

Prohibition of alteration of vegetation and topography other than routine maintenance;

(3)

Prohibition of new buildings, and outside storage of vehicles and materials;

(4)

Prohibition of uncontrolled water craft beaching.

(b)

A minimum of 50 percent of the shoreland area shall be designated and preserved as open space.

(c)

Developed land including required yards, road rights-of-way, parking areas, commercial uses and facilities, and structures other than allowed water-oriented accessory structures or facilities, shall be excluded in the computation of the minimum open space area.

(d)

Land with physical characteristics deemed unsuitable for development in its natural state, significant historic sites, and unplatted cemeteries or burial grounds shall be designated as open space and included in the computation of minimum open space area.

(e)

Land used for public or private outdoor recreational fields, structures and buildings may be designated as open space and included in the computation of the minimum open space area.

(f)

Land in the Shore Impact Zone, as defined by this Chapter, shall be designated as open space and included in the computation of the minimum open space area; further, in the case of Residential PUDs, at least 50 percent of this area within existing developments and at least 70 percent of this area within new developments shall be preserved in its existing or natural state; and, in the case of Mixed PUDs, at least 50 percent of this area shall be preserved in its natural state.

Subd. 3.

The following factors shall be evaluated in conjunction with the standards and criteria set forth in Section 21655 of this Chapter to ensure that the development and any increased density of the development within the designated Shoreland area which exceeds the standards established in this section are consistent with the resource limitations of the public water:

(a)

Suitability of the site for the proposed density;

(b)

Physical and aesthetic impact of increased density upon the shoreland and upon the public water;

(c)

Level of current development within the subject shoreland area;

(d)

Amount of undeveloped private and public land in the subject shoreland;

(e)

Levels and types of water surface use and public access; and,

(f)

Possible effects upon overall public use of the public water.

Subd. 4.

Any commercial, industrial, recreational, public, or religious facility allowed as part of the Planned Unit Development shall conform to all applicable Federal and State Regulations including, but not limited to, the following:

(a)

Licensing provisions or procedures;

(b)

Waste disposal regulations;

(c)

Water supply regulations;

(d)

Minnesota State Building Codes;

(e)

Public safety regulations;

(f)

Regulations concerning the appropriation and use of public water as defined in Minnesota Statutes Chapter 103G.

Subd. 5.

All Planned Unit Developments shall be subject to applicable regulations of the Minnesota Environmental Quality Board.

Subd. 6.

Any approved shoreline recreation facilities such as beaches, docks, and boat launching facilities shall be centralized.

Subd. 7.

The following standards are applicable to the portion of a development within the designated Shoreland where the proposed density exceeds the density standards of this section;

(a)

Calculation of density shall include only that land which is above the ordinary high water level of the public water.

(b)

The approved minimum lot width shall be met at both the ordinary high water level and at the building line for lots abutting public water.

(c)

The maximum density of development within the shoreland may be increased 150 percent over the maximum density allowed by this Chapter; provided, the minimum setback from the ordinary high water level for lots abutting public water shall be increased to reduce the impact upon the waterbody as follows:

(1)

150 percent of the minimum for structures; or,

(2)

125 percent of the minimum for structures, plus vegetative management, topography, or additional means as deemed appropriate by the City.

The provisions of this paragraph, in conjunction with other City regulations, are intended to ensure safe and healthful conditions, to prevent pollution and contamination of surface and ground waters, and to guide development compatible with the natural characteristics of shorelands and related public water resources.

Subd. 1.

Water Supply. Any public or private supply of water for domestic purposes shall conform to Minnesota Department of Health standards for water quality. Private wells shall be located and designed in accordance with the applicable requirements of the Floodplain Overlay District in Section 21660 of this Chapter.

Subd. 2.

Sewage Disposal. All premises used for human occupancy shall be provided with an approved and adequate method of sanitary sewage disposal which shall be maintained in accordance with acceptable practices and applicable regulations. The requirements of this paragraph shall be administered and enforced in conjunction with other applicable City and State regulations with respect to all property and uses within the Shoreland Overlay District.

(a)

Municipal sanitary sewer shall be used in the Urban Service Area as designated on the Land Use Guide Plan, where trunk sanitary sewer service is available, in the case of new development; and where lateral sanitary sewer service is available, in the case of existing development.

(b)

All sanitary sewer facilities and waste disposal practices and facilities shall be subject to the applicable state, county, and city standards, criteria, rules, and regulations.

(c)

All private and on-site sewage and other sanitary waste disposal systems including septic tanks and soil absorption systems shall be subject to the following:

(1)

Systems shall conform to applicable standards, criteria, rules, and regulations of the State and City with respect to size, construction, use, and maintenance.

(2)

The location and installation of septic tank and soil absorption systems shall be such that, with reasonable maintenance, they will function in a sanitary manner and will not create a nuisance, endanger the quality of any domestic water supply, or pollute or contaminate any public water. Consideration shall be given to the size and shape of the lot, slope of natural and finished grade, soil permeability, high ground water elevation, geology, proximity to existing or future water supplies, accessibility for maintenance, and possible expansion of the system in determining a suitable location.

(3)

Septic tank and soil absorption systems constructed after adoption of this section shall have the following minimum setback from the Ordinary High Water Level:

a.

Natural Environment Lakes: 150 feet.

b.

Recreational Development Lakes: 75 feet.

c.

General Development Lakes: 50 feet.

d.

Tributary Streams: 75 feet.

(4)

Soil absorption systems shall not be allowed for disposal of domestic sewage in the following areas:

a.

Low, swampy areas, or areas subject to recurrent flooding.

b.

Areas where the highest known ground water table, bedrock, or impervious soil conditions are within three feet of the bottom of the proposed system.

c.

Areas of ground slope which create a danger of seepage of the effluent onto the surface of the ground.

(5)

Alternative methods of domestic sewage disposal and treatment may be allowed, provided such facilities meet the standards, criteria, rules, and regulations of the Minnesota Pollution Control Agency, Department of Health, and of the City.

(6)

Sanitary sewage disposal and water facilities which are inconsistent with the applicable State and City standards, except for the minimum setback from the ordinary high water level, on the effective date of this section, shall be modified or replaced to conform with those regulations as a condition of any zoning approval or permit for improvement on or use of the property.

(7)

Applications for construction and use permits for property containing an on-site sewage disposal system shall include an affidavit by the property owner that the system is in conformance with applicable State and City standards. Permits for additions to structures on property containing inconsistent systems shall stipulate the corrective actions as provided in this section.

(8)

The Comprehensive Plan program adopted by City Council resolution for notifying and educating owners of on-site sewage disposal systems about proper operation, maintenance, evaluation, and upgrading of their systems will include specific reference to the special requirements of this section.

Subd. 1.

Natural vegetation in shoreland areas shall be preserved to the maximum extent possible in order to retard surface runoff and soil erosion and to utilize excess nutrients. The removal of natural vegetation shall be subject to applicable State regulations, City Code and policy requirements, and to the following:

(a)

Clear cutting and intensive vegetation clearing shall be prohibited in shore impact and bluff impact zones and on steep slopes, except as necessary for construction of roads, public utilities, sanitary facilities, structures, and parking areas according to plans approved by the City.

(b)

Natural vegetation shall be restored to the maximum extent possible in conjunction with any approved construction project, consistent with City tree preservation and erosion control regulations.

(c)

Selective cutting and limited clearing of trees and underbrush, and cutting, pruning, and trimming of trees to provide and maintain a view to the public water from a dwelling or to accommodate allowed stairways and landings, outdoor recreation facilities, and water-oriented accessory structures and facilities may be allowed provided sufficient cover is left to screen motor vehicles and structures when viewed from the water, consistent with applicable ordinances and policies regarding screening and landscaping. For purposes of this paragraph, the public water shall be considered a residential use.

Subd. 2.

Grading and filling or any other substantial alteration of the natural topography in shoreland areas shall be subject to the requirements of the applicable State regulations, City Code and policy requirements, and to the following:

(a)

The smallest amount of bare ground shall be exposed for the least amount of time feasible, as determined by the City.

(b)

Temporary ground cover such as mulch, shall be used and permanent vegetative cover, such as sod shall be provided.

(c)

Methods to prevent erosion and to trap sediment shall be employed consistent with the City Policies and Regulations.

(d)

Fill shall be stabilized to accepted engineering standards as verified by the City Engineer.

(e)

A City permit for grading and filling shall be obtained for the movement of more than ten cubic yards of material on steep slopes or within shore impact and bluff impact zones.

Subd. 3.

Any work which will change or diminish the course, current, or cross section of a public water and any alterations below the ordinary high water level shall be approved by the Commissioner of the Department of Natural Resources before the work is started. This includes construction of channels and ditches, lagooning, dredging of lakes or stream bottom for removal of muck, silt, or weeds, and filling in the lake or stream bed. Approval shall be construed to mean the issuance of a Permit by the Commissioner of the Department of Natural Resources, under the procedures of the Minnesota Statutes and Regulations.

Subd. 4.

Excavations on shorelands where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be permitted only after the City and the Commissioner of the Department of Natural Resources have approved the proposed connection to the public waters. Approval shall be granted only if the proposed work is consistent with applicable State and City regulations for work in beds of public waters.

Subd. 5.

Stairways, lifts, and landings shall be used where feasible as an alternative to major topographic alterations to achieve access up and down bluffs and steep slopes to shoreline areas, and these structures shall be subject to the following:

(a)

Stairways and lifts on residential lots shall have a maximum width of four feet.

(b)

Landings on residential lots shall have a maximum area of 32 square feet.

(c)

Canopies and roofs over the structures governed by this paragraph are prohibited.

(d)

The structures shall be constructed in accordance with the Minnesota State Building Code, erosion control regulations, and applicable standards of the state regulations for facilities for the physically handicapped.

(e)

The structures shall be located so to be as inconspicuous as possible as viewed from the public water.

Subd. 6.

Plans for construction on steep slopes shall be reviewed for possible erosion impacts and visibility from public waters; plan approval and permits may include special conditions to ensure erosion control and preservation of natural screening of the development.

Subd. 7.

Agricultural Use Standards. The following requirements are applicable to agricultural uses in the Shoreland Management District where allowed by this Chapter in the underlying zoning districts:

(a)

General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be allowed if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under a conservation plan, consistent with the field office technical guides of the local soil and water conservation district or the United States Soil Conservation Service, as approved by a qualified individual or agency.

(b)

The Shore Impact Zone, for agricultural uses, is equal to a line parallel to and fifty (50) feet from the ordinary high water level.

(c)

Animal feedlots, as defined and regulated by Minnesota Pollution Control Agency rules, Chapter 7020.0100—7020.1900 for purposes of compliance and permits, shall meet the following standards:

(1)

Those established after adoption of this section, shall not be located in the shoreland of watercourses or in bluff impact zones, and shall have a minimum setback of 300 feet from the ordinary high water level of all public water basins.

(2)

Modifications to or expansion of those within 300 feet of the ordinary high water level or within a bluff impact zone, which exist on the date this section is adopted, may be allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.

(d)

Fertilizers, pesticides, or animal wastes shall be used in a manner, through proper application or use of earth and vegetation, which minimizes the impact on the shore impact zone or public water.

Subd. 1.

Requests for variances shall be made in accordance with the procedures and requirements set forth in Section 21030 of this Chapter.

Subd. 2.

Variances shall only be granted when the standards and criteria set forth in Section 21030 of this Chapter have been met; variances shall not be granted which would circumvent the purposes and intent of this section.

Subd. 3.

Requests for variances to this Section shall include one or more best management practices (BMPs) for controlling or improving stormwater runoff, as may be determined by the City Council. Examples of BMPs include, but are not limited to, rain gardens, infiltration basins, and riparian buffers.

Subd. 4.

A copy of all notices of any Public Hearings scheduled to consider requests for variances from this section shall be sent to the Commissioner of the Department of Natural Resources and post marked at least ten days prior to the hearing.

Subd. 5.

A copy of the final decision granting a requested variance from this section shall be sent to the Commissioner of the Department of Natural Resources and post marked within ten days of the final action.

(Amended by Ord. No. 2009-07, 05/12/09)

Subd. 1.

Non-conforming uses of land and structures within the Shoreland Overlay District shall be subject to the applicable requirements of Section 21100 of this Chapter, except as otherwise provided by this section.

Subd. 2.

A non-conforming single lot of record located within the Shoreland Overlay District may be allowed as a building site without variances from lot size requirements, provided that:

(a)

All setback requirements are met, as specified by the zoning district where such lot is located and by Table 3 of this Section.

(b)

The lot is served by a public sanitary sewer, or if the lot is not served by a public sanitary sewer, a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, is installed.

(c)

The impervious surface coverage shall not exceed 25 percent of the total lot area lying above the ordinary high water level.

Subd. 3.

In a group of two or more contiguous lots of record under a common ownership, an individual lot shall be considered as a separate parcel of land for the purpose of sale or development, provided:

(a)

The lot contains at least 66 percent of minimum dimensional requirements for lot width and lot area, as specified by the zoning district where such lot is located and by Table 3 of this Section.

(b)

The lot is served by a public sanitary sewer, or if the lot is not served by a public sanitary sewer, a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls shall be installed.

(c)

Impervious surface coverage shall not exceed 25 percent of each lot, based on the area of the lot lying above the ordinary high water level.

(d)

Development of the lot shall be consistent with the Plymouth Comprehensive Plan.

Subd. 4.

A lot subject to Subdivision 3 above that does not meet the requirements of Subdivision 3 must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

Subd. 5.

Notwithstanding Subdivision 3 above, contiguous non-conforming lots of record under a common ownership in shoreland areas must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership, and the lots are served by a public sanitary sewer or if the lots are not served by a public sanitary sewer, a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls shall be installed.

Subd. 6.

Non-conforming uses, as defined in this Chapter, which abut the public water, shall not be enlarged or increased, nor shall any such use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this section; unless such expansion or extension is parallel to, or greater than, the existing setback on the public water side of the property and is in compliance with all applicable regulations of this section and of the underlying zoning district. Such uses shall not be moved to any other part of the parcel upon which the same was conducted at the time of the adoption of this Chapter unless the purpose is to gain compliance with the structural setback requirements of this section pursuant to plans approved by the City and, where applicable, by the Commissioner of the Department of Natural Resources.

(Amended by Ord. No. 2007-05, 01/23/07; Ord. No. 2010-01, 02/23/10)

Subd. 1.

Amendments to this section shall be subject to the amendment procedures and requirements set forth in Section 21010 of this Chapter.

Subd. 2.

Amendments to this section shall be consistent with State Statutes and regulations regarding the management of shoreland areas.

Subd. 3.

Amendments to the Comprehensive Land Use Guide Plan and to this Chapter for the purpose of reclassifying land subject to the standards of this section shall be enacted only after the City Council has found that the proposed classification is consistent with the State and City regulations and standards applicable to shorelands.

Subd. 4.

A copy of all notices of any public hearings scheduled to consider amendments to this section and to those portions of the Comprehensive Land Use Guide Plan and this Chapter relative to classification of land in the designated shoreland areas shall be sent to the Commissioner of the Department of Natural Resources and post marked at least ten days prior to the scheduled hearing.

Subd. 5.

A copy of any adopted amendment to this section and to those portions of the Comprehensive Land Use Plan and this Chapter relative to classification of land in the designated shoreland areas shall be sent to the Commissioner of the Department of Natural Resources and post marked within ten days of adoption.