The shoreland overlay district is a district that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district. The shoreland overlay district includes all areas defined as shoreland by this chapter.

(Prior Code, § 1130.100)

(a)

Statutory authorization. The ordinance from which this division is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. R. 6120.2500—6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(b)

Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The state legislature has delegated responsibility to the municipalities of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility is recognized by the city.

(c)

"Riparian" defined. For purposes of the regulations in this division only, the term "riparian" includes all property which is located in whole or in part within 75 feet of the ordinary high-water level of a protected water listed in section 10-434(a).

(Prior Code, § 1130.200)

(a)

Shoreland management classification. In order to guide the wise development and utilization of shorelands of protected water for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the city have been given a shoreland management classification. These protected waters of the city have been classified by the commissioner of natural resources according to the DNR protected waters maps for Scott County as follows:

(b)

Shoreland district. The shorelands of the city are designated as a shoreland overlay district. The purpose of the shoreland overlay district is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the city. The uses allowed or prohibited in the shoreland overlay district and any related conditions are those uses and conditions set forth in the underlying zoning district; however, this shoreland overlay district imposes additional requirements above those required by the underlying zoning district.

(Prior Code, § 1130.300)

The following standards shall apply to all shorelands of the protected waters listed in section 10-434 within the city. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply.

(1)

Unsewered lakes, lot area, width and setback requirements.

a.

Natural environment lakes.

b.

Public water watercourses.

There are no minimum lot area requirements for public water watercourses.

c.

Setback requirements.

(2)

Sewered lakes, lot area, width and setback requirements.

a.

Natural environment lakes.

¹ For non-riparian lots within the Hass Lake shoreland district, the minimum lot area shall be 12,000 square feet and the minimum lot width shall be 86 feet.

b.

Recreational development lakes.

c.

General development lakes.

d.

Public water watercourses.

There are no minimum lot area requirements for public water watercourses.

e.

Setback requirements.

(3)

Bluff impact zones and bluff setbacks. Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones or bluff setbacks except for the following:

a.

An expansion of a legally nonconforming principal structure that does not meet the bluff setback is permitted provided that:

1.

The expansion is lateral to the existing intrusion into the setback and does not project any further into the setback than an extension of a line drawn along the edge of the existing intrusion;

2.

The expanded structure is in harmony with the general purpose and intent of this chapter, consistent with the comprehensive plan and will not alter the essential character of the locality; and

3.

The structural footprint of the expansion into the bluff setback shall not exceed 500 square feet.

b.

Retaining walls shall not be permitted in the bluff impact zone or bluff setback except for the following:

1.

Construction on an existing retaining wall that consists of the repair or exact replacement of the existing wall, provided the grade of the land within the bluff impact zone or bluff setback and the location and size of the retaining wall do not change and the new retaining wall will create no more impact in the bluff impact zone or bluff setback than was caused by the existing retaining wall.

2.

If there are no existing walls in the bluff impact zone or bluff setback, construction of a single retaining wall less than four feet in height and not longer than the width of the property as measured by a straight line perpendicular to the side lot lines at the structure setback from the OHWL. The proposed wall shall be a minimum of 25 feet from the OHWL.

3.

A zoning permit shall be obtained prior to the replacement, repair or construction of any wall identified in subsection (3)b.1 or 2 of this section, provided that a zoning permit is not necessary if a building or grading permit is obtained.

4.

Application for a zoning permit shall be on a form furnished by the city and shall be submitted to the zoning administrator. The zoning administrator shall review the application for compliance with all applicable provisions of this chapter and for the effect of the wall on public health, safety, and welfare.

(4)

Engineering reports required. When a building permit is required, the following shall be submitted.

a.

Prior to any construction, a report and calculations prepared and signed by a professional engineer licensed by the state on the bluff stability and the impact any excavation, fill or placement of structures will have on the site and whether the excavation, fill, or placement of structures will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The report shall include the following:

1.

The global failure plane determination of the slope substantiated by at least one soil boring at an appropriate depth and location.

2.

Analysis of the land influence zone and its intersection with the failure plane based on the soil type.

3.

The engineer's recommendations for the proper design and maintenance of a drainage system so the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation.

4.

If the initial determination indicates that the load influence zone intersects or falls within the global failure plane, a global stability analysis of the bluff shall be required.

b.

After construction is complete, an as-built survey and post-construction report completed by a professional engineer licensed by the state that the final grading of the site was completed in compliance with an approved grading plan and that the recommendations contained in the engineer's report have been adhered to.

(5)

Impervious surface coverage. Impervious surface coverage for lots in all use districts shall not exceed 30 percent of the lot area, except as provided in the following provisions. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application.

a.

An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of stormwater runoff are in compliance with the city local surface management plan (LSWMP) and approved by the city engineer.

b.

In all C and I zoning districts and for park/open space uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the city public works design manual (PWDM) and is approved by the city engineer, provided the impervious surface coverage does not exceed 75 percent of the total parcel and provided the following stipulations are met:

1.

All structures, additions or expansions shall meet setback and other requirements of this chapter.

2.

The parcel shall be served by municipal sewer and water.

3.

Stormwater is collected and treated in compliance with the city PWDM.

c.

Impervious surface coverage for all C and I zoning districts and for park/open space uses may be allowed to exceed 75 percent of the total parcel or exceed existing conditions on the parcel which are over 75 percent, provided the following stipulations are met:

1.

A conditional use permit is submitted and approved as set forth in this chapter.

2.

Improvements shall be constructed in compliance with the city PWDM.

3.

All the conditions in subsection (5)b of this section are satisfactorily met.

(6)

Additional special provisions.

a.

Residential subdivisions with dwelling unit densities exceeding those allowed in the underlying zoning district shall only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high-water level of public water can be used to meet lot area standards, and lot width standards shall be met at both the ordinary high-water level and at the building line.

b.

Subdivisions of twinhomes, rowhomes or multifamily dwellings where any part of the development abuts a natural environment lake shall also meet the following standards:

1.

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

2.

Each dwelling unit shall be separately served by public utilities, none of which are shared;

3.

Watercraft docking units shall be separately served by public utilities, none of which are shared;

4.

No more than 25 percent of a lake's shoreline can be in twinhome, rowhome or multifamily dwelling developments.

c.

Dedicated waterfronts are allowed only in R-1 zoning district. No new dedicated waterfront may be established after January 1, 2016. Dedicated waterfronts are permitted a maximum of one boat slip for every 18.75 feet of lot width as measured at the ordinary high-water level.

(7)

Placement, design, and height of structures.

a.

Piers and docks. Setback requirements from the ordinary high-water level shall not apply to piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations.

b.

Setback requirements for residential structures. On shoreland parcels that have two adjacent parcels with existing principal structures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water level or 50 feet, whichever is greater, provided all other provisions of the shoreland overlay district are complied with. In cases where only one of the two parcels adjacent to an undeveloped shoreland parcel has an existing principal structure, the average setback of the adjacent structure and the next structure within 150 feet may be utilized. Setback averaging may not be utilized when an undeveloped shoreland parcel is adjacent to two other undeveloped shoreland parcels. In no instance shall a principal structure be located in a shore impact zone, a bluff impact zone, or a bluff setback.

1.

The following shall not be considered encroachments into the shore impact zone, bluff impact zone or the bluff setback:

(i)

Eaves, gutters and basement egress windows, provided they do not extend more than two feet into a yard, and provided such encroachment is no closer than five feet from any property line.

(ii)

Yard lights and nameplate signs for one- and two-family dwellings in the R-1, R-2 and R-3 districts.

(iii)

Floodlights or other sources of light illuminating authorized signs, or illuminating parking areas, loading areas, or yards for safety and security purposes if these meet the applicable parking, signage and lighting regulations.

(iv)

Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of five feet from any property line.

(v)

Canopies no more than 12 feet wide are permitted in the R-3, C-1, C-2, C-3 and I-1 zoning districts if they are open at the sides, comply with traffic visibility regulations and provide 14 feet of clearance if located over any access roadway or fire lane.

2.

The following recreational equipment shall not be encroachments on the shore impact zone, bluff impact zone or the bluff setback requirements: boats, boat trailers, general purpose trailers, fish houses, fire pits, utility trailers, jet skis, snowmobiles and other lake-oriented items.

3.

Additional regulations regarding encroachments allowed in front, rear, and side yards are located in the underlying zoning district regulations.

4.

Decks not meeting all required setbacks may be replaced if the following criteria are met:

(i)

The deck existed on the date the structure setbacks were established;

(ii)

The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;

(iii)

The deck is not roofed or screened; and

(iv)

The existing deck is not located within an easement, right-of-way, or over a property line.

c.

Lowest floor level and lowest opening.

1.

All structures must be placed in accordance with any floodplain regulations applicable to the site. Where floodplain regulations do not apply to a property, all structures must be placed in accordance with the public works design manual with regard to lowest floor level and lowest opening, including, but not limited to, structures abutting structural stormwater BMP as defined in the city's MS4 permit.

2.

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined by the public works design manual if the structure is constructed of flood-resistant materials to the flood elevation; electrical and mechanical equipment are placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

d.

Water-oriented accessory structures.

1.

One water-oriented accessory structure per riparian parcel may be allowed to be located closer to the lakeshore ordinary high-water level (OHWL) than the normal structural setback requirement on general development lakes that have municipal sewer and water; provided a building permit is obtained from the city and the following criteria are met:

(i)

On riparian parcels containing a slope equal to or greater than 20 percent measured from the front of the principal structure to the ordinary high-water level and verified by a certificate of survey prepared by a registered surveyor, one water-oriented structure meeting the criteria listed in this subsection is permitted with a setback of not less than ten feet from the ordinary high-water level.

(ii)

On riparian parcels containing slopes less than 20 percent, one water-oriented accessory structure meeting the criteria listed in this subsection is permitted with a setback of not less than 50 feet from the ordinary high-water level.

(iii)

The structure shall not occupy an area greater than 120 square feet, and the maximum height of the structure must not exceed ten feet, including the roof.

(iv)

The structure shall be located in the most visually inconspicuous portion of the parcel as viewed form the surface of the lake, assuming summer, leaf-on conditions.

(v)

The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems.

(vi)

The structure shall be constructed of treated materials compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.

(vii)

If the proposed structure will be located below the regulatory floodplain elevation, the structure shall be built compliant with applicable floodproofing requirements of the building code and division 2 of this article.

(viii)

Trees that are four inches in caliper or larger should not be removed for the erection of a water-oriented accessory structure. If removal is necessary, replacement with like trees shall be made with the approval of the zoning administrator. Erosion and sediment control measures shall be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials.

(ix)

The structure shall be attached to a permanent foundation so as to be immovable from its approved location.

2.

Water-oriented accessory structures not meeting all required setbacks may be replaced if the following criteria are met:

(i)

The structure existed legally on June 1, 2009;

(ii)

The replacement structure is the same size, configuration, location, building material, and height as the structure in existence on June 1, 2009;

(iii)

The existing structure is not located within an easement, right-of-way, side yard setback, or over a property line.

e.

Stairways, lifts, and landings. 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 and lifts on riparian lots shall meet the following design requirements:

1.

Stairways and lifts shall not exceed four feet in width on residential parcels. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments;

2.

Landings for stairways and lifts on residential parcels shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, park/open space properties, and planned unit developments. The required setback for landings shall be ten feet measured from the ordinary high-water level of the public water. Landings shall not project into any required side yard;

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, and maintains or improves drainage patterns and slope stability;

5.

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

6.

Facilities such as ramps, lifts or mobility paths for physically disabled persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards in subsections (7)e.1—5 of this section are complied with in addition to the requirements of Minn. R. ch. 1340.

f.

Significant historic sites. No structure may be placed on a significant historic site as defined by state laws 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.

g.

Steep slopes. The city engineer shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

(8)

Island development. Development on islands without municipal sewer and water shall be subject to the following conditions:

a.

Permitted uses on islands are limited to seasonal cabins and other seasonal structures, public parks and open space. Year-round residences are not permitted. Recreational facilities, such as a pavilion or picnic facilities for a homeowners' association, may also be permitted by conditional use permit.

b.

Any structure built on an island must contain an enclosed septic system or incinerator toilet facilities.

c.

An application for a building permit or variance must include a signed lease arrangement that indicates that the owner has two on-land parking spaces for vehicles. In addition, the owner is required to provide proof of residency, at some location other than the island, at the time of building permit application.

d.

The minimum lot size for all islands without municipal sewer and water is one acre. On Twin Island, the minimum lot size requirement is 12,000 square feet. A nonconforming lot of record may be deemed buildable or may be required to be combined with one or more contiguous lots, all pursuant to Minn. Stats. § 462.357, subd. 1e.

e.

The minimum lot width at OHWL is 75 feet.

f.

Setbacks.

1.

Setbacks for structures on islands shall comply with the following:

(i)

Structure setback from OHWL: 75 feet.

(ii)

Side yard: ten feet.

(iii)

Gray water system from OHWL: 75 feet.

2.

Setback averaging for the structure setback from the OHWL may be permitted as follows:

(i)

If there are existing principal structures on two abutting lots, any new residential structure or any additions to an existing structure may be set back from the OHWL either the average setback of the abutting structures from the OHWL; or 50 feet, whichever is greater, provided all other provisions of the shoreland overlay district are complied with.

(ii)

If there is an existing principal structure on only one abutting lot, the average setback of the abutting structure and the next principal structure within 150 feet may be utilized.

(iii)

Setback averaging may not be utilized if the two abutting lots do not have existing principal structures (seasonal cabins).

(iv)

In no instance shall a principal structure be located in a shore impact zone or a bluff impact zone.

g.

Clearcutting more than 35 percent of a parcel of natural vegetation is prohibited. Natural vegetation shall be restored as soon as possible after any construction project is completed.

h.

Any removal of vegetation in conjunction with any construction project shall require a restoration plan to be approved by the city to ensure that natural vegetation is restored with a reasonable time not to exceed one year after activity is complete.

i.

The lowest floor elevation of the structure, including basement and crawl space, must meet the requirements in this division for lowest floor elevation.

j.

One detached accessory structure is permitted per parcel on general development lakes subject to the issuance of a building permit and the following conditions:

1.

The lot must meet the minimum area and dimensional requirements listed in this subsection (8);

2.

The structures shall comply with all other required conditions and yard setbacks for accessory structures in the underlying zoning district;

3.

The total ground floor area of the accessory structures shall not exceed the ground floor area of the principal structure (seasonal cabin), 25 percent of the area between the principal structure and the rear property, or 600 square feet, whichever is less;

4.

The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure;

5.

The structure shall be set back a minimum of 75 feet from the OHWL or the average minimum as indicated above;

6.

The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain an electrical system, with the proper permits;

7.

The structure shall be compatible in design and materials with the principal structure (seasonal cabin);

8.

If the structure is located below the regulatory floodplain elevation it shall be built in compliance with the applicable floodproofing requirements of the building code and division 2 of this article; and

9.

The structure shall be attached to a permanent foundation so as to be immovable from its approved location.

(Prior Code, § 1130.500)

Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

(1)

Vegetation alterations.

a.

Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this division are exempt from the vegetation alteration standards that follow.

b.

Removal or alteration of vegetation, except for specific uses listed below which are subject to the regulations listed for that use, is allowed subject to the following standards:

1.

Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable subject to a conditional use permit if an erosion and sediment control plan is approved by the city engineer.

2.

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, 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 and landings, picnic areas, access paths, beach and watercraft access and permitted water-oriented accessory structures of facilities, provided that:

(i)

The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and

(ii)

Along rivers, existing shading of water surfaces is preserved.

3.

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased or pose safety hazards.

(2)

Topographic alterations/grading and excavation.

a.

Grading, filling, and excavation.

1.

Grading, filling, and excavation, including the import or export of materials, are not permitted within the bluff impact zone. However, the movement or grading of existing materials within the bluff impact zone may be permitted subject to approval of a city grading and excavating permit.

2.

Grading, filling, and excavation in all areas within the shoreland district which are 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 excavation permit, except as provided in subsection (2)b of this section. However, the standards in this subsection must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways.

b.

Notwithstanding subsection (2)a of this section, in addition to any other required permit, a city grading and excavating permit will be required for any movement of more than ten cubic yards of material or impact to more than 500 square feet of area on steep slopes or within the bluff impact zone, bluff setback, shore impact zone or shoreland overlay district.

c.

The following considerations and conditions must be adhered to during the issuance of construction permits, excavating and grading permits, conditional use permits, variances, and subdivision approvals:

1.

Grading, excavating, or filling in any wetland must be done in accordance with the Wetland Conservation Act (Minnesota Laws, ch. 354, 1991);

2.

Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

3.

Erosion control best management practices shall be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as possible;

4.

Altered areas shall be stabilized to acceptable erosion and sediment control standards consistent with the public works design manual;

5.

Fill or excavated material shall not be placed in a manner that creates an unstable slope;

6.

Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals approved by the city for continued slope stability and shall not create finished slopes of 4:1 or greater;

7.

Fill or excavated material shall not be placed in bluff impact zones;

8.

Any alterations below the OHWL of public waters shall first be authorized by the department of natural resources under Minn. Stats. § 103G.241;

9.

Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and

10.

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 three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL, and the height of the riprap above the OHWL does not exceed three feet.

(3)

Placement and design of roads, driveways and parking areas.

a.

Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall 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 public works design manual.

b.

Roads, driveways and parking areas shall meet all required setbacks and must not be placed within bluff and shore impact zones or the bluff setbacks.

c.

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion and sediment control conditions of this section are met. For private facilities, the grading and excavating provisions of subsection (2) of this section shall be met.

(4)

Stormwater management. Stormwater management shall be implemented in accordance with the requirements of the city public works design manual (PWDM).

(Prior Code, § 1130.500)

(a)

Standards for commercial, industrial, public, and semi-public uses. Surface water-oriented commercial uses and industrial, public, or semi-public uses with similar needs to have access to and use of public waters may be located on parcels 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 zoning standards in this division, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures.

(2)

Uses that require short-term watercraft mooring for patrons shall 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 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 county sheriff;

b.

Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. If illuminated by artificial lights, the lights must 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 does not preclude use of navigational lights.

(4)

Uses without water-oriented needs shall be located on parcels without public waters frontage, or if located on parcels with public waters frontage shall either be set back double the normal OHWL setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions. Water-oriented needs shall be determined by the zoning administrator.

(b)

Agriculture use standards.

(1)

General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the public works design manual, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the OHWL.

(2)

Animal feedlots must meet the following standards:

a.

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 OHWL of all public water basins; and

b.

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

(c)

Forest management standards. 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.

(Prior Code, § 1130.600)

(a)

Water supply. 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.

(b)

Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

(1)

Publicly owned sewer systems shall be used where available.

(2)

All private sewage treatment systems shall meet or exceed the state pollution control agency's standards for individual sewage treatment systems contained in Minn. R. ch. 7080.

(3)

On-site sewage treatment systems shall be set back from the OHWL in accordance with the setbacks contained in this division.

(4)

All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsection (b)(5) of this section. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.

(5)

Evaluation criteria:

a.

Depth to the highest known or calculated groundwater table or bedrock;

b.

Soil conditions, properties, and permeability;

c.

Slope;

d.

The existence of lowlands, local surface depressions, and rock outcrops.

(6)

Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with subsections (b)(7) and (8) of this section.

(7)

An existing treatment system not meeting the requirements of this section shall be upgraded, at a minimum, at any time a building or zoning permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the OHWL.

(8)

The city has by formal resolution notified the department of natural resources of its program to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any nonconforming system identified by this program within two years, as described in subsection (b)(7) of this section. Sewage systems installed according to all applicable local shoreland management standards adopted under Minn. Stats. ch. 103F, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems will less soil treatment area separation above groundwater than required by Minn. R. ch. 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.

(Prior Code, § 1130.700)

(a)

Application for a PUD. The applicant for a planned unit development (PUD) must, in addition to all other PUD requirements, submit the following documents prior to final action being taken on the application request.

(1)

A site plan 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 or less. When a PUD is a combined commercial and residential development, the site plan or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two.

(2)

A property owners' association agreement (for residential PUDs) with mandatory membership, and all in accordance with the requirements in this section.

(3)

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

a.

Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

b.

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

(4)

When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied.

(5)

Those additional documents as requested by the zoning administrator that are necessary to explain how the PUD will be designed and will function.

(b)

Site suitable area evaluations. Proposed new or expansions to existing PUDs must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation below.

(1)

The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the OHWL 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 OHWL of public waters. This suitable area and the proposed project are then subject to either the residential or commercial PUD density evaluation steps to arrive at an allowable number of dwelling units or sites.

(c)

Residential and commercial PUD density evaluation. The procedures for determining the base density of a PUD and density increase multipliers are outlined as follows. Allowable densities 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 to the water body.

(1)

Residential PUD base density evaluation. The suitable area within each tier is divided by the R-1 zoning district single residential lot size which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and the number of dwelling units or sites for the residential PUDs are then compared with the tier, density, and suitability analysis herein and the design criteria below.

(2)

Commercial PUD base density evaluation.

a.

Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, porches or basements, unless they are habitable space.

b.

Select the appropriate floor area ratio from the following table:

Commercial PUD Floor Area Ratios
Public Water Classes

For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. For manufactured home sites in recreational camping areas use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.

c.

Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites.

d.

Divide the total floor area by tier computed in subsection (c)(2)c of this section by the average inside living area size determined in subsection (c)(2)a of this section. This yields a base number of dwelling units and sites for each tier.

e.

Proposed locations and number of dwelling units or sites for the commercial PUD are then compared with the tier, density and suitability analysis herein and the design criteria below.

(3)

Density increase multipliers.

a.

Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in the zoning provisions above are met or exceeded and the design criteria below are satisfied. The allowable density increases in subsection (c)(3)b of this section will only be allowed if structure setbacks from the OHWL are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback.

b.

Allowable dwelling unit or dwelling site density increases for residential or commercial PUDs:

(d)

Maintenance and design criteria.

(1)

Maintenance and administration requirements.

a.

Approval of development. Before final approval of a PUD, adequate provision 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 (for residential PUDs);

2.

Vegetation and topographic alterations other than routine maintenance prohibited;

3.

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

4.

Uncontrolled beaching of watercraft prohibited.

c.

Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use a homeowners' association with the following features:

1.

Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers;

2.

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

3.

Assessments shall be adjustable to accommodate changing conditions; and

4.

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

(2)

Open space requirements. Planned unit developments must contain open space meeting all of the following criteria:

a.

At least 50 percent of the total project area within the shoreland overlay district shall be preserved as open space;

b.

Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures, are developed areas and shall not be included in the computation of minimum open space;

c.

Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

d.

Open space may include outdoor recreational facilities for use by owners or dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;

e.

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

f.

Open space shall not include commercial facilities or uses but may contain water-oriented accessory structures;

g.

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

h.

The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PUDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural existing state. For commercial PUDs, at least 50 percent of the shore impact zone shall be preserved in its natural state.

(3)

Erosion and sediment control and stormwater management. Erosion and sediment control, stormwater management plans, and best management practices shall be developed and the PUD shall:

a.

Be designed, and the construction managed, to minimize the likelihood of erosion and sedimentation occurring either during or after construction. Site design shall be in accordance with city PWDM requirements; and

b.

Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff in accordance with city PWDM requirements. Impervious surface coverage within any tier shall not exceed 25 percent of tier area, except that for commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistent with section 10-436.

(4)

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

a.

PUDs shall be connected to publicly owned water supply and sewer systems;

b.

Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the OHWL, elevation above the surface water features, and maximum height. Setbacks from the OHWL shall be increased in accordance with the density criteria above for developments with density increases;

c.

Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers;

d.

Structures, parking areas, and other facilities shall 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 local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

e.

Accessory structures and facilities, except water-oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and

f.

Water-oriented accessory structures may be allowed if they meet and exceed design standards for water-oriented accessory structures above.

(e)

Conversions. Local governments may allow existing resorts or other land uses and facilities to be converted to residential PUDs if all the following standards are met:

(1)

Proposed conversions shall be initially evaluated using the same procedures for residential PUDs 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, stormwater management, structure, color, impervious coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permits.

(3)

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

a.

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

b.

Remedial measures to correct actively eroding areas and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and

c.

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

(4)

Existing dwelling unit or dwelling site densities that exceed standards set forth above may be allowed to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts shall 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.

(Prior Code, § 1130.900)

(a)

Statutory authorization. These provisions are adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F; Minn. R. 6120.5000—6120.6200; the rules and regulations of the national flood insurance program codified as 44 CFR 59—78; and the planning and zoning enabling legislation in Minn. Stats. ch. 462.

(b)

Purpose.

(1)

This division regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this division to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

(2)

The ordinance from which this division is derived is adopted to maintain the city's eligibility in the national flood insurance program.

(3)

This division is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

(Prior Code, § 1131.100)

(a)

Lands to which division applies. This division applies to all lands within the jurisdiction of the city within the boundaries of the floodway, flood fringe, and general floodplain districts and further detailed in subsection (b) of this section and section 10-464(a).

(1)

The floodway, flood fringe or general floodplain districts are overlay districts superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.

(2)

Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor in locating the outer boundaries of the one percent annual chance floodplain.

(3)

The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation (RFPE), defined in subsection (e) of this section.

(4)

Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the planning commission and to submit technical evidence.

(b)

Incorporation of maps by reference. The following maps together with all attached material are adopted by reference and declared to be a part of the official zoning map and this division. The attached material includes the flood insurance study for Scott County, Minnesota, and incorporated areas, dated February 12, 2021, and the flood insurance rate map panels enumerated below, dated February 12, 2021, all prepared by the Federal Emergency Management Agency (FEMA). These materials are on file at city hall.

(c)

Abrogation and greater restrictions. It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this division imposes greater restrictions, the provisions of this division prevail. All other ordinances inconsistent with this division are repealed to the extent of the inconsistency only.

(d)

Warning and disclaimer of liability. This division does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This division does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this division or any administrative decision lawfully made hereunder.

(e)

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

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. The term "base flood" is synonymous with the term "regional flood" used in Minn. R. 6120.5000.

Base flood elevation (BFE) means the elevation of the base flood or one percent annual chance flood. The term "base flood elevation" is used in the flood insurance study.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

(1)

Certain conditions as detailed in this division exist; and

(2)

The structure or land use conforms to the comprehensive land use plan if one exists and is compatible with the existing neighborhood.

Critical facilities means facilities necessary to the city's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, day care facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

Development means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Farm fence means an open type of fence of posts and horizontally run wire, further defined by Minn. Stats. § 344.02, subd. 1(a)—(d) and is not considered to be a structure under this division. Fences that have the potential to obstruct flood flows, such as chain-link fences and rigid walls, are regulated as structures under this division.

Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry area.

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means the portion of the one percent annual chance floodplain located outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study.

Flood insurance rate map means an official map on which the federal insurance administrator has delineated both the special hazard areas and the risk premium zones applicable to the city. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study means the study referenced in subsection (b) of this section, which is an examination, evaluation and determination of flood hazards, and, if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) or flood-related erosion hazards.

Floodplain means the beds and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the base flood.

Floodprone area means any land susceptible to being inundated by water from any source.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the base flood discharge.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

New construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of the ordinance from which this division is derived.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

Principal use or structure means all uses or structures that are not accessory uses or structures.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this division, the term "recreational vehicle" is synonymous with the term "travel trailer/travel vehicle."

Regulatory flood protection elevation (RFPE) means an elevation not less than one foot above the elevation of the base flood.

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Special flood hazard area is a term used for flood insurance purposes and synonymous with the term "base flood or one percent annual chance floodplain."

Start of construction includes substantial improvement and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, decks manufactured homes, recreational vehicles not considered travel ready as detailed in section 10-470(b) and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this division, the term "historic structure" is as defined in 44 CFR 59.1.

(f)

Annexations. The flood insurance rate map panels adopted by reference into subsection (b) of this section may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of the ordinance from which this division is derived. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this division is derived, the newly annexed floodplain lands will be subject to the provisions of this division immediately upon the date of annexation.

(Prior Code, § 1131.200)

(a)

Establishment.

(1)

Floodway district. The floodway district is comprised of those areas within Zones AE delineated within floodway areas as shown on the flood insurance rate maps adopted in section 10-463(b).

(2)

Flood fringe district. The flood fringe district is comprised of those areas within Zones AE on the flood insurance rate map and flood boundary and floodway maps adopted in section 10-463(b) but located outside of the floodway.

(3)

General floodplain district. The general floodplain district is comprised of those areas within Zone A and AE areas that do not have a floodway delineated as shown on the flood insurance rate maps adopted in section 10-463(b).

(b)

Applicability. Where floodway and flood fringe districts are delineated on the floodplain maps, the standards in sections 10-465 or 10-466 will apply, depending on the location of a property. Locations where floodway and flood fringe districts are not delineated on the floodplain maps are considered to fall within the general floodplain district and the standards in section 10-467 will apply.

(c)

Permit required. A permit must be obtained from the zoning administrator to verify if a development meets all applicable standards outlined in this division prior to conducting the following activities:

(1)

The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also require a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this division.

(2)

The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in section 10-463(e).

(3)

The change or extension of a nonconforming use.

(4)

The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

(5)

The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(6)

Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the department of natural resources.

(7)

Any other type of development as defined in this division.

(d)

Minimum development standards. All new development must be:

(1)

Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

Constructed with materials and equipment resistant to flood damage.

(3)

Constructed by methods and practices that minimize flood damage.

(4)

Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(5)

Reasonably safe from flooding and consistent with the need to minimize flood damage within the floodprone area.

(6)

Assured to provide adequate drainage to reduce exposure to flood hazards.

(e)

Hydraulic capacity. Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(f)

Materials storage. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in Minn. Stats. § 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.

(g)

Critical facilities location. Critical facilities, as defined in section 10-463(e), are to be located, so that the lowest floor is not less than two feet above the base flood elevation, or the 0.2 percent annual chance flood elevation, whichever is higher.

(Prior Code, §§ 1131.300, 1131.400)

(a)

Permitted uses. The following uses, subject to the standards set forth in subsection (b) of this section, are permitted uses in the floodway district if otherwise allowed in the underlying zoning district or any applicable overlay district:

(1)

General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.

(2)

Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.

(3)

Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single- or multiple-purpose recreational trails.

(4)

Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.

(5)

Grading or land alterations associated with stabilization projects.

(b)

Standards for floodway permitted uses. In addition to the applicable standards outlined in section 10-464(d):

(1)

The use must have a low flood damage potential.

(2)

The use must not involve structures.

(3)

The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.

(4)

Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with Minn. Stats. § 103G.245 or a utility crossing license in accordance with Minn. Stats. § 84.415, from the department of natural resources, or demonstrate that no permit is required, before applying for a local permit.

(5)

Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.

(c)

Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 10-471(d) and further subject to the standards set forth in subsection (d) of this section, if otherwise allowed in the underlying zoning district:

(1)

Structures accessory to primary uses listed in subsections (a)(1) through (3) of this section and primary uses listed in subsections (c)(2) and (3) of this section.

(2)

Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.

(3)

Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities.

(4)

Storage yards for equipment, machinery, or materials.

(5)

Fences that have the potential to obstruct flood flows.

(6)

Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

(d)

Standards for floodway conditional uses. In addition to the applicable standards outlined in section 10-464(e), subsection (b) of this section, and section 10-471(d):

(1)

Fill; storage of materials and equipment.

a.

Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

b.

Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the city has approved a plan that ensures removal of the materials from the floodway based upon the flood warning time available.

(2)

Accessory structures. Accessory structures, as identified in subsection (c)(1) of this section, may be permitted, provided that:

a.

Structures are not intended for human habitation.

b.

Structures will have a low flood damage potential.

c.

Structures will be constructed and placed so as to offer a minimal obstruction to the flow of floodwaters.

d.

Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with section 10-471(b)(2) shall be required.

e.

As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with section 10-471(b)(2) shall be required.

(3)

Levees, dikes, and floodwalls. A levee, dike or floodwall constructed in the floodway must not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(Prior Code, § 1131.500)

(a)

Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning districts that comply with the standards in subsection (b) of this section.

(b)

Standards for flood fringe permitted uses. In addition to the applicable standards outlined in section 10-464(e):

(1)

All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation for structures must be no lower than one foot below the RFPE. Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the city.

(2)

Accessory structures. As an alternative to the fill requirements of subsection (b)(1) of this section, any enclosed structures accessory to the uses identified in subsection (a) of this section must meet the following provisions:

a.

Accessory structures shall constitute a minimal investment not to exceed 576 square feet in size, and only be used for parking and storage.

b.

Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding and shall allow automatic entry and exit of floodwaters without human intervention.

(3)

The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards unless the fill is specifically intended to elevate a structure in accordance with subsection (b)(1) of this section.

(4)

All fill must be properly compacted, and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method.

(5)

All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation or must have a flood warning/emergency evacuation plan acceptable to the city.

(6)

Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.

(7)

Manufactured homes and recreational vehicles must also meet the standards of section 10-470.

(c)

Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 10-471(d) and further subject to the standards set forth in subsection (d) of this section, if otherwise allowed in the underlying zoning districts:

(1)

The placement of floodproofed nonresidential basements below the regulatory flood protection elevation.

(2)

The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with subsection (b)(2) of this section.

(3)

The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of stilts, pilings, filled stem walls, or above-grade, internally flooded enclosed areas such as crawl spaces or tuck-under garages, meeting the standards in subsection (d)(5) of this section.

(d)

Standards for flood fringe conditional uses. In addition to the applicable standards outlined in section 10-464(d), subsection (b) of this section, and section 10-471(d):

(1)

The standards for permitted uses in the flood fringe, listed in subsections (b)(1) through (7) of this section, apply to all conditional uses.

(2)

Residential basements, as defined in section 10-463(e), are not allowed below the RFPE.

(3)

All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with section 10-471(b)(2) shall be required.

(4)

The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

a.

The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.

b.

The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.

c.

The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

(5)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if the enclosed area is above grade on at least one side of the structure, it is designed to internally flood, and it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:

a.

Above-grade, fully enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood and include a minimum of two openings on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade and have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice.

b.

Floodproofing certifications consistent with section 10-471(b)(2) shall be required. The structure shall be subject to a deed-restricted nonconversion agreement with the issuance of any permit.

(Prior Code, § 1131.600)

(a)

Permitted uses.

(1)

The uses listed in section 10-465 pertaining to the floodway district are allowed with a permit.

(2)

All other uses are subject to the floodway/flood fringe evaluation criteria specified in subsection (b) of this section. Section 10-465 applies if the proposed use is determined to be in the floodway district. Section 10-466 applies if the proposed use is determined to be in the flood fringe district.

(b)

Procedures for determining floodway boundaries and base flood elevations.

(1)

Requirements for detailed studies. Developments greater than 50 lots or five acres, or as requested by the zoning administrator, shall be subject to a detailed study to determine the regulatory flood protection elevation and the limits of the floodway district. The determination of the floodway and flood fringe must be consistent with accepted hydrological and hydraulic engineering standards, and must include the following components, as applicable:

a.

Estimate the peak discharge of the base flood.

b.

Calculate the water surface profile of the base flood based upon a hydraulic analysis of the stream channel and overbank areas.

c.

Compute the floodway necessary to convey or store the base flood without increasing flood stages more than 0.5 foot. A stage increase less than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless development or geographic features warrant other analysis, as approved by the department of natural resources.

(2)

Alternative methods. For areas where a detailed study is not available or required, the base flood elevation must be determined using best available data. Until a floodway determination can be completed, the entire floodplain must be treated as floodway, with allowable activities restricted to those identified in section 10-465(a) and (c).

a.

Development allowed in floodways (e.g., bridges, culverts, grading, filling, stabilization projects) must not cumulatively increase flood stages more than 0.5 foot during a base flood event, as determined by a professional engineer or by using accepted engineering practices approved by the department of natural resources. A stage increase less than 0.5 foot must be used if increased flood damages would result.

b.

Development prohibited in floodways (e.g., buildings) require a floodway/flood fringe determination to verify the development is within the flood fringe. The floodway/flood fringe determination must be done by a professional engineer or utilize other accepted engineering practices approved by the department of natural resources. Any such proposal must assume a 0.5-foot stage increase for the purposes of determining the regulatory flood protection elevation to accommodate for future cumulative impacts.

c.

For areas in and along lakes, wetlands, and other basins that are not affected by velocities, where the floodway has not been determined, an alternative to subsections (b)(2)a and b of this section is: All areas that are at or below the ordinary high-water level as defined in Minn. Stats. § 103G.005, subd. 14 will be considered floodway, and all areas below the base flood elevation but above the ordinary high-water level will be considered flood fringe, provided that within 25 feet of the ordinary high-water level, or within the shore impact zone as identified in the city shoreland regulations, whichever distance is greater, land alterations shall be restricted to:

1.

The minimum required to accommodate beach and access areas, and accessory structures as permitted, not to exceed a volume greater than ten cubic yards; projects involving volumes exceeding ten cubic yards require engineering analysis as provided in subsections (b)(2)a and b of this section, whichever is applicable; and

2.

The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as identified by the city.

(3)

Zoning administrator review, assessment. The zoning administrator will review the submitted information and assess the technical evaluation and the recommended floodway or flood fringe district boundary. The assessment must include the cumulative effects of previous floodway encroachments. The zoning administrator may seek technical assistance from an engineer or other expert person, or agency, including the department of natural resources.

(4)

Permit application process. Once the floodway and flood fringe district boundaries have been determined, the zoning administrator must process the permit application consistent with the applicable provisions of sections 10-465 and 10-466.

(Prior Code, § 1131.700)

(a)

No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this division.

(b)

All lots within the floodplain districts must be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation.

(c)

All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the base flood has been approved by the city. The plan must be prepared by a registered engineer or other qualified individual and must demonstrate that adequate time and personnel exist to carry out the evacuation.

(d)

For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

(e)

In the general floodplain district, applicants must provide the information required in section 10-467(b) to determine the base flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.

(Prior Code, § 1131.800)

(a)

Utilities. All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection elevation (RFPE) or located and constructed to minimize or eliminate flood damage.

(b)

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with sections 10-465 and 10-466. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(c)

On-site water supply and sewage treatment systems. Where public utilities are not provided:

(1)

On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and are subject to the provisions in Minn. R. 4725.4350; and

(2)

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; they must not be subject to impairment or contamination during times of flooding and are subject to the provisions in Minn. R. 7080.2270.

(Prior Code, § 1131.900)

(a)

Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:

(1)

New and replacement manufactured homes must be elevated in compliance with section 10-466 and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(2)

New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in section 10-468. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in section 10-468(a)(2).

(b)

Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds, or lots of record in the floodplain must either:

(1)

Meet the requirements for manufactured homes in subsection (a) of this section; or

(2)

Be travel ready, meeting the following criteria:

a.

The vehicle must have a current license required for highway use.

b.

The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

c.

No permanent structural type additions may be attached to the vehicle.

d.

Accessory structures may be permitted in the flood fringe district, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in sections 10-464(e) and 10-466(b)(2).

(Prior Code, § 1131.1000)

(a)

Duties. The zoning administrator or other official must administer and enforce this division.

(b)

Permit application requirements.

(1)

Application for permit. Permit applications must be submitted to the zoning administrator on forms provided by the zoning administrator. The permit application must include the following as applicable:

a.

A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.

b.

Location of fill or storage of materials in relation to the stream channel.

c.

Copies of any required municipal, county, state or federal permits or approvals.

d.

Other relevant information requested by the zoning administrator as necessary to properly evaluate the permit application.

(2)

Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this division. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in in the state building code. Accessory structures designed in accordance with section 10-466(b)(2) are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevations, and development in the general floodplain district will not cumulatively increase flood stages more than 0.5 foot or less if increased damages would result.

(3)

Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this division.

(4)

Recordkeeping of certifications and as-built documentation. The zoning administrator must maintain records in perpetuity documenting:

a.

All certifications referenced in subsection (b)(2) of this section as applicable.

b.

Elevations complying with section 10-466(b)(1). The zoning administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.

(5)

Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the zoning administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn. Stats. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago regional office of the Federal Emergency Management Agency (FEMA).

(6)

Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator must notify the Chicago regional office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

(c)

Variances.

(1)

Variance applications. An application for a variance to the provisions of this division will be processed and reviewed in accordance with applicable state law and article VI, division 3 of this chapter.

(2)

Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

(3)

Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

a.

Variances must not be issued by the city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

b.

Variances may only be issued by the city upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Flood insurance notice. The zoning administrator must notify the applicant for a variance that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

(5)

General considerations. The city may consider the following variables and consider imposing conditions on variances and conditional uses:

a.

The potential danger to life and property due to increased flood heights or velocities caused by encroachments.

b.

The danger that materials may be swept onto other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions.

d.

The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner.

e.

The importance of the services to be provided by the proposed use to the city.

f.

The requirements of the facility for a waterfront location.

g.

The availability of viable alternative locations for the proposed use that are not subject to flooding.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area.

j.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(6)

Submittal of hearing notices to the department of natural resources. The zoning administrator must submit hearing notices for proposed variances to the department of natural resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.

(7)

Submittal of final decisions to the department of natural resources. A copy of all decisions granting variances must be forwarded to the department of natural resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.

(8)

Recordkeeping. The zoning administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the administrator of the national flood insurance program, when requested by the Federal Emergency Management Agency.

(d)

Conditional uses.

(1)

Administrative review. An application for a conditional use permit under the provisions of this division will be processed and reviewed in accordance with article VI, division 3 of this chapter.

(2)

Factors used in decision-making. In passing upon conditional use applications, the city must consider all relevant factors specified in other sections of this chapter and those factors identified in subsection (c)(5) of this section.

(3)

Conditions attached to conditional use permits. In addition to the standards identified in sections 10-465(d) and 10-466(d), the city may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the following:

a.

Limitations on period of use, occupancy, and operation.

b.

Imposition of operational controls, sureties, and deed restrictions.

c.

Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

(4)

Submittal of hearing notices to the department of natural resources. The zoning administrator must submit hearing notices for proposed conditional uses to the department of natural resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.

(5)

Submittal of final decisions to the department of natural resources. A copy of all decisions granting conditional uses must be forwarded to the department of natural resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.

(Prior Code, § 1131.1100)

A use, structure, or occupancy of land which was lawful before the passage or amendment of the ordinance from which this division is derived but which is not in conformity with the provisions of this division may be continued subject to the following conditions. Historic structures, as defined in section 10-463(e), are subject to the provisions below:

(1)

A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subsection (2) of this section. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited.

(2)

Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 through FP4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection (4) of this section.

(3)

If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this division.

(4)

If any structure experiences a substantial improvement as defined in this division, then the entire structure must meet the standards of section 10-465 or 10-466 for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. If the proposed development, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first flood insurance rate map exceeds 50 percent of the market value of any nonconforming structure, the entire structure must meet the standards of section 10-465 or 10-466.

(5)

If any nonconformity is substantially damaged, as defined in this division, it may not be reconstructed except in conformity with the provisions of this division. The applicable provisions for establishing new uses or new structures in section 10-465 or 10-466 will apply depending upon whether the use or structure is in the floodway or flood fringe, respectively.

(6)

If any nonconforming use or structure experiences a repetitive loss, as defined in section 10-463(e), it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this division.

(Prior Code, § 1131.1200)

(a)

Violation constitutes a misdemeanor. Violation of the provisions of this division 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) constitute a misdemeanor and will be punishable as defined by law.

(b)

Other lawful action. Nothing in this division restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this division and will be prosecuted accordingly.

(c)

Enforcement. Violations of the provisions of this division will be investigated and resolved in accordance with the provisions of this chapter. In responding to a suspected ordinance violation, the city may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.

(Prior Code, § 1131.1300)

(a)

Floodplain designation; restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the department of natural resources if it is determined that, through other measures, lands are adequately protected for the intended use.

(b)

Required approval. All amendments to this division must be submitted to and approved by the department of natural resources prior to adoption.

(c)

Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in section 10-463(b).

(Prior Code, § 1131.1400; Ord. No. 121-01, 2-6-2021)

The planned unit development (PUD) overlay district is a district that encompasses one or more underlying zoning districts and that imposes additional requirements above that required by the underlying zoning district. All of the provisions of this chapter applicable to the original district within which the PUD is established shall apply to the PUD except as otherwise specifically provided in the approved final PUD plan.

(Prior Code, § 1132.100)

A PUD is a development of land that is under unified control and is planned and developed as a whole in a single development operation or in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A PUD is built according to a detailed final development plan, as approved by the city council.

(Prior Code, § 1132.400)

The purpose of the PUD district is to offer an alternative to development as outlined in the residential, commercial, and industrial zoning districts of this chapter. The PUD district provides for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conventional zoning districts. The PUD district requires that the particular land to be developed can offer greater value to the city and can better meet the city's health, welfare, and safety requirements as a PUD than if that same land were to be developed as a conventional development. The PUD process provides for a joint planning/design effort by developers and city officials. A PUD may be multipurpose in nature so that not only may it be residential, commercial, or industrial, but also it may contain a combination of these uses. It is not the intent of this division to allow for reductions or waivers to the standard zoning district requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved, instead the purpose is to produce developments which provide additional benefits to the city.

(Prior Code, § 1132.200)

The city council finds that the city and its residents will benefit by creating a process which permits PUD developments which will allow for greater flexibility in the development of a parcel or property by tailoring the development to the site and neighborhood. Such benefits include, but are not limited to:

(1)

Providing a flexible approach to development which is in harmony with the purpose and intent of the city's comprehensive plan and this chapter;

(2)

More creative, efficient and effective use of land, open space and public facilities through mixing of land uses;

(3)

Creating a sense of place and provide more interaction among people;

(4)

Increasing economic vitality and expand market opportunities;

(5)

Supporting long-term economic stability by strengthening the tax base, job market and business opportunities;

(6)

Increasing transportation options, such as walking, biking or busing;

(7)

Providing opportunities for life cycle housing to all ages;

(8)

Providing more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost;

(9)

Enhanced incorporation of recreational, public and open space components in the development which may be made more usable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site;

(10)

Preserving and enhancing desirable site characteristics and open space and protection of sensitive environmental features, including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use and redevelopment of existing buildings;

(11)

High quality of design compatible with surrounding land uses, including both existing and planned.

(Prior Code, § 1132.300)

Approval of a PUD may allow the following:

(1)

Variety. Within a comprehensive site design concept, a mixture of land uses, housing types and densities.

(2)

Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, PUDs can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics.

(3)

Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility-related expenses.

(4)

Density transfer. The project density may be clustered, basing density on number of units per acre versus specific lot dimensions.

(5)

District integration. The combination of uses which are allowed in separate zoning districts, such as:

a.

Mixed residential allows both densities and unit types to be varied within the project.

b.

Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation may provide increased density on the property if a PUD is utilized.

c.

Mixed land uses with the integration of compatible land uses within the project.

(Prior Code, § 1132.500)

Uses allowed within a PUD district are limited to those uses allowed in the underlying zoning district (if there is no underlying zoning district, see section 10-517) unless deviations are specifically set forth in the PUD plan. Performance standards for each PUD shall be as provided in the underlying zoning district unless deviations are specifically set forth in the PUD plan. All use and performance standard deviations shall become permitted upon approval of the final PUD plan by the city council.

(Prior Code, § 1132.600)

The city shall consider a proposed PUD district from the point of view of all standards and purposes of the comprehensive land use plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodland and the protection of health, safety and welfare of the city and residents of the PUD. To these ends, the city council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the city council may find to have a material bearing upon the stated standards and objectives of the comprehensive land use plan. In reviewing a PUD plan, the city council must also consider the compatibility of the development with the shoreland and floodplain overlay district requirements.

(Prior Code, § 1132.700)

(a)

Minimum size requirement. In order to utilize a PUD, the proposed site shall consist of a parcel or contiguous parcels of land in common ownership ten acres or more in size. An owner of a tract of land less than ten acres may apply to the planning commission for an exception to the ten-acre requirement.

(b)

Exception to ten-acre requirement. An applicant seeking an exception to the ten-acre requirement shall, prior to submission of a preliminary PUD plan, submit a concept plan for review and approval by the planning commission pursuant to the procedure set forth in the subdivision regulations. The planning commission shall decide, based upon the criteria set forth below, whether to authorize the city staff to accept and process an application for a preliminary PUD plan for the proposed project:

(1)

The proposed project meets all other criteria for a PUD except the acreage requirement.

(2)

There are unique circumstances that prohibit the applicant from assembling ten contiguous acres.

(3)

The proposed project is consistent with the goals and objectives of the comprehensive plan.

(4)

The applicant intends to provide for greater parks, open space, trails or public areas than required by this division.

(c)

Additional requirements. The city may impose additional restrictions or requirements on land developed under the PUD process. The requirements shall be set forth in the final PUD plan approved by the city council. The city council shall make specific findings that the restrictions or requirements being imposed furthers, addresses, promotes or protects the general welfare, public safety, aesthetics, neighborhood character, environmental features or property values. These additional requirements may include, but are not limited to, traffic, traffic signals, parking, bufferyards, landscaping, noise, lighting, hours of operation, architectural design and off-site road and utility improvements.

(Prior Code, § 1132.800)

PUDs shall be proposed and considered according to the requirements of the following sections of this division.

(Prior Code, § 1132.900)

Before filing an application for approval of a preliminary PUD plan, the applicant is encouraged to submit a concept plan for review and comment by the city staff. The procedures for submitting a concept plan are set forth in section 9-31. Materials and information necessary for a concept plan include a map showing the location and size of the property, and any preliminary plans developed for the property. The applicant should be prepared to discuss the following: comprehensive plan consistency, relationship of the proposed development to the existing neighborhood, parks and open space, streets, utilities, steep slopes, wetlands and environmentally sensitive issues, and drainage and stormwater management.

(Prior Code, § 1132.1000)

(a)

Required. A preliminary PUD plan is required before an applicant can apply for a final PUD plan and before the proposed development can proceed. The preliminary PUD plan shall show the basic intent and the general nature of the entire development.

(b)

Application for preliminary PUD plan approval. An application for preliminary PUD plan approval shall be on a form provided by the city and shall include all of the following information:

(1)

The name, address, telephone number, and email address of the applicant and property owner, if different.

(2)

The comprehensive land use plan designation of the property in question.

(3)

The zoning districts in which the PUD is proposed to be located.

(4)

All information required for consideration and approval of a preliminary plat, if a plat is necessary.

(5)

A general development plan including the following:

a.

Site conditions and existing development on the subject property and immediately adjacent properties.

b.

General location of residential and nonresidential land uses with approximate type and intensities of development.

c.

Overall maximum PUD density range.

d.

The proposed type, size, and location of all dwelling units, if dwelling units are proposed.

e.

The general size, location and use of any proposed nonresidential buildings on the site.

f.

All public streets, entrance and exit drives and walkway locations.

g.

Parking areas.

h.

Landscaped areas.

i.

Parks and open spaces, public plazas, and common areas.

j.

Site dimensions.

k.

Generalized drainage and utility plans.

l.

Any other information the city may request to determine whether the proposed project meets the requirements of this division.

m.

A narrative explaining how the PUD will meet the stated purposes and objectives of this division.

(6)

Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase.

(7)

Traffic study containing, at a minimum, the total and peak hour trip generation from the site at full development, the effect of this traffic on the level of service of nearby and adjacent streets, intersections and total parking requirements.

(8)

A statement showing how the PUD will meet the stated purposes and objectives of this division.

(9)

A market study prepared within the six months prior to the application identifying the market area of the project and the demand trends within the area.

(c)

Procedure for approval of a preliminary PUD plan.

(1)

The application shall be submitted to the zoning administrator. The application shall be reviewed by the city staff and a report concerning the application shall be submitted to the planning commission for its consideration within 30 days of receipt of all material required by this division for review of the application.

(2)

The planning commission shall hold a public hearing. The planning commission may continue the public hearing, if necessary. The planning commission shall make a recommendation on the preliminary PUD plan to the city council within 60 days of the date a complete application, including all of the necessary submittals, was received by the city. If the planning commission fails to make a recommendation within the 60-day period, the city council may then consider the preliminary PUD plan without the planning commission's recommendation.

(3)

The city council may approve the preliminary PUD plan in whole or in part, may approve the preliminary PUD plan subject to conditions, may deny the preliminary PUD plan, or may continue consideration of the preliminary PUD plan for further investigation at a later date.

(4)

The city council shall render a decision regarding the preliminary PUD plan application within 60 days of the council's initial consideration of the preliminary PUD plan. The city council shall adopt an ordinance including findings of fact for the basis of its decision.

(5)

When a preliminary PUD plan has been denied by the city council, the owner or applicant may not reapply for the same or similar development on the same property for the six-month period following the date of denial.

(d)

Effect of approval by the city council of a preliminary PUD plan. City council approval of the preliminary PUD plan with or without modification shall constitute zoning approval as well as permission to file the application for a final plan or plans. The approved preliminary PUD plan shall serve as the basis for all future development within the project area unless substantially modified according to the same procedures required for initial approval; however, such preliminary PUD plan approval shall not constitute permission to initiate site improvement or building construction. Such activities must await final PUD plan and building permit approvals.

(e)

Zoning map amended. The official zoning map of the city shall be revised to incorporate the new PUD overlay designation.

(Prior Code, § 1132.1100)

(a)

Requirements. The final PUD plan conveys essentially the same information as the approved preliminary PUD plan in a more specific and complete manner. The approved final PUD plan is the permanent public record of the PUD, may consist of all or a portion of the area encompassed by the preliminary PUD plan, and shall include revisions of the preliminary PUD plan as directed by the planning commission or city council. The final PUD plan shall implement the development objectives established by the approved preliminary PUD plan and may be submitted in project stages with separate final PUD plans for portions of the PUD.

(b)

Application for a final PUD plan. The final PUD plan, consisting of the entire site or at a minimum the first phase of the total development, shall be submitted for approval within 12 months after city council approval of a preliminary PUD plan unless a written request for a time extension is submitted by the applicant and approved by the city council. The application for final PUD plan approval shall be on a form provided by the city and shall include all of the following information:

(1)

The name, address, telephone number and email address of the applicant and property owner, if different.

(2)

A detailed site plan, drawn to scale and suitable for recording, showing the location of all structures, including their placement, size and type as well as streets, parking areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space, including plazas and commons. The site plan shall conform to the approved preliminary PUD plan.

(3)

A final plat which meets the requirements of the city subdivision regulations, if required.

(4)

A landscape plan showing the location, size and species of all plant materials, a landscaping irrigation system plan, and all other non-vegetative landscaped features.

(5)

A utility plan showing the location and size of all on-site utilities and easements as well as stormwater runoff calculations for both the predevelopment and post-development conditions of the site.

(6)

Building plans at a level of detail necessary to allow parking calculations to be made.

(7)

Building elevation drawings showing architectural details and proposed building materials.

(8)

Any deed restrictions, covenants, agreements and articles of incorporation and bylaws of any proposed homeowners' associations or other documents or contracts which control the use or maintenance of property covered by the final PUD plan.

(9)

A final phasing plan, if phasing is proposed, indicating the geographical sequence and timing of the development of the plan or portions thereof, including the estimated date of beginning and completion of each phase.

(10)

Any other information which the city in its sole discretion may require to fully illustrate and document the intention and character of the final PUD plan.

(c)

Procedure for approval of a final PUD plan.

(1)

The application shall be reviewed by the city staff and a report concerning the application shall be submitted to the city council for its consideration.

(2)

The city council shall render a decision regarding the final PUD plan application. The city council shall adopt a resolution including findings of fact for the basis of its decision.

(d)

Conditions of approval by the city council for a final PUD plan. Any final PUD plan approved by the city council is deemed a conditional approval and shall not be valid until all of the following requirements are met:

(1)

Development agreement. The city and developer of a PUD shall execute a development agreement which shall incorporate the resolution approving the final PUD plan and all conditions set forth in the resolution approving the final PUD plan. The development agreement shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the state. The irrevocable letter of credit shall be subject to approval by the city. The letter of credit shall reference the development agreement and be in an amount sufficient to ensure the provision or development of improvements called for by the development agreement.

(2)

Operating and maintenance requirements for common areas. If certain land areas or structures within the PUD are designated for recreational use, public plazas, open areas or service facilities, the owners of such lands shall execute appropriate documents in a form acceptable to the city which ensure the continued operation and maintenance of such areas or facilities. These common areas may be placed under the ownership and control of the property owner; or of homeowners' association, if all of the following conditions are met:

a.

The homeowners' association must be established prior to the sale of any property in the PUD.

b.

Membership must be mandatory for each owner and successive buyer.

c.

The open space restrictions must be permanent.

d.

The association must be responsible for liability insurance, taxes and maintenance.

e.

The landowner must pay its pro rata share of an assessment levied by the association and that share if unpaid must become a lien on the property owned by the landowner.

f.

The association must be able to adjust the assessment to meet changed needs.

(e)

Effect of approval by the city council of a final PUD plan.

(1)

Effect of final PUD approval. Except if an amendment has been approved as set forth in section 10-514, no building permit shall be issued nor shall any development occur on land which does not conform to the approved final PUD plan.

(2)

Review. If substantial development has not occurred within 12 months after approval of the final PUD plan, the city council may instruct the planning commission to initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the rezoning to the PUD overlay district was in error. The applicant may submit a request for a time extension in writing. Such request must be approved by the city council prior to the expiration of the 12-month period. Each such extension of time shall not exceed six months.

(3)

Changes in official controls. Upon approval by the city council of a final PUD plan, the subject area shall be governed by the conditions, provisions and restrictions of the approved final PUD plan and development agreement. For two years following final PUD plan approval, unless the developer and the city agree otherwise, no amendment to the city's comprehensive plan, chapter or subdivision regulations shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved final PUD plan.

(Prior Code, § 1132.1200)

Development of land which does not conform to the approved preliminary or final PUD plan shall only be allowed after one of the following occurs:

(1)

Minor amendments.

a.

Minor amendments to a preliminary or final PUD plan include, but are not limited to:

1.

Increases in conformity with this division's requirements;

2.

Decreases in residential density, leasable floor area, building height, impervious surface or required parking, provided such decreases have a minimal impact on the overall character of the approved final PUD plan as determined by the zoning administrator;

3.

Minor building additions and floor plan modifications that do not increase parking requirements or reduce usable open space; and

4.

Changes that are specified as minor amendments in the approved development agreement.

b.

Minor amendments to a preliminary or final PUD plan require approval by the city council. Minor amendments may be authorized administratively if the zoning administrator determines the amendments will have a minimal impact on the overall character of the approved final PUD plan and does not require the adjustment or relocation of property lines.

(2)

Major amendments.

a.

Major amendments to a preliminary or a final PUD plan include, but are not limited to:

1.

Changes in approved use classifications;

2.

Changes to the approved final plat;

3.

Increases in residential density, leasable floor area, building height, or required parking;

4.

Reductions in usable open space; and

5.

Any changes that are anticipated to result in off-site impacts as determined by the zoning administrator.

b.

Major amendments to a preliminary or a final PUD plan may be made only after a public hearing conducted by the planning commission which must be proceeded by notice to all property owners within 500 feet of the subject property. Major amendments become effective only after adoption by the city council by ordinance and recording as amendments to the final PUD plan. The development agreement may also be amended if necessary.

(Prior Code, § 1132.1300)

The approval of a preliminary PUD plan, a final PUD plan, and minor or major amendments shall require an affirmative vote of two-thirds of all the members of the city council. The approval of minor amendments which the zoning administrator has determined to require the approval of the city council will require a vote of two-thirds of all the members of the city council.

(Prior Code, § 1132.1400)

Fees for a PUD shall be set by the city council in the city fee schedule. PUDs shall also be subject to reimbursements for city costs, including enforcement, engineering, consulting and legal fees.

(Prior Code, § 1132.1500)

(a)

PUDs adopted prior to 1999. Prior to 1999, this division treated PUDs as overlays. Those PUDs shall continue to be treated as overlays. The regulations in the PUD documents shall govern. However, if the PUD language is silent, the regulations in the underlying zoning district shall apply.

(b)

PUDs adopted between 1999 and April 1, 2021. From 1999 to April 1, 2021, this division treated PUDs as a separate zoning district, rezoning the entire area as a PUD zoning district. However, there were no underlying regulations established for such PUD zoning districts, leaving a number of subjects not addressed. The city confirms that the regulations in the PUD documents shall govern. However, if the PUD language is silent, the zoning administrator may apply the regulations from the zoning district that best includes the current use of the property. For example, if a PUD consisting of single-family homes has a yard encroachment question and the PUD documents are silent on this topic, the zoning administrator may apply the yard encroachment regulations from the R-1 zoning district. Whether the PUD language is silent and which zoning district regulations apply shall both be in the sole discretion of the zoning administrator.

(Prior Code, § 1132.1600)