Sandstone City Zoning Code
KETTLE RIVER
WILD AND SCENIC RIVER OVERLAY DISTRICT KR
§ 163.265 PURPOSE.
The purpose of this overlay district is to provide for the protection and preservation of the Kettle River within the city as required by M.S. §§ 103F.301 through 103F.345, as it may be amended from time to time, and applicable state rules and to provide for the protection and preservation of portions of adjoining floodplains that are reasonably required to carry and discharge a regional flood and are subject to inundations by regional floods.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.266 INTENT.
(A) It is the intent of this overlay district to be applied to those areas which, if left unrestricted, could result in loss of life and property, health and safety hazards, disruptions of commerce, utilities and governmental services, extraordinary public expenditures for floodplain protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(B) This overlay district is created and applied in compliance with requirements of M.S. §§ 103F.301 through 103F.345, as they may be amended from time to time.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.267 WARNING AND DISCLAIMER OF LIABILITY.
(A) This subchapter does not imply that areas outside the KR Overlay District boundaries or land uses allowed within the district will be free from flooding and flood damage.
(B) This subchapter does not create liability on the part of the city or any officer or employee thereof for any flood damages which result from reliance on this subchapter or any administrative decision lawfully made thereunder.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.268 DISTRICT APPLICATION.
The KR Overlay District is applied to and superimposed upon all other zoning districts as existing or amended by text and map of this subchapter. The regulations and requirements imposed by this district are in addition to those established by the zoning districts of this subchapter. Underlying zoning in these sections is a Public Recreation/Open Space District. (See §§ 163.160 through 163.165 of this chapter.) Where provisions of any statue or regulation impose greater restrictions than those required in this district, such statue or regulation will control. Where definition of any of the terms of this district is in dispute, the definitions of Minn. Rules parts 6120.2500 and 6105.0040 will control.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.269 ESTABLISHMENT OF DISTRICT.
(A) The boundaries of this district have been established in accordance with Minn. Rules parts 6105.0600 and 6105.0760. Where interpretation is needed as to the exact location of the boundaries of this district, the Board of Adjustment and Appeal will make the necessary interpretations. When boundaries are in dispute, the burden of proof lies with the applicant.
(B) Those boundaries must be amended upon the completion of, in accordance with data completed, and prepared by the Department of Natural Resources (DNR) or the U.S. Department of Housing and Urban Development (HUD), as the case may be. The floodway and flood fringe boundaries and all applicable regulations will then be established.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.270 VARIANCES.
Variances in the KR District may be granted based upon the following findings.
(A) Conditions.
(1) The strict enforcement of the land use controls will result in unnecessary hardship. HARDSHIP, as used, means the property in question cannot be put to a reasonable use under the conditions allowed by the zoning regulations. Economic considerations alone do not constitute a hardship if any reasonable use for the property exists under the terms of this subchapter.
(2) Granting of a variance is not contrary to the purpose and intent of this subchapter and is consistent with the Kettle River Management Plan and the Municipal Comprehensive Plan.
(3) There are exceptional circumstances unique to the property, which were not created by the landowner.
(4) Granting of a variance will not allow any use, which is neither permitted, or a conditional use in the land use district in which the property is located.
(5) Granting of the variance will not alter the essential character of the locality as established by the management plan.
(B) Exceptions. Where a setback pattern from the ordinary high water mark has already been established on both sides of the proposed building site the setback of the proposed structure may be allowed to conform to that pattern.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.271 NOTIFICATION PROCEDURES.
(A) (1) The Zoning Administrator must send copies of all notices of public hearings and meetings concerning this district relating to zoning amendments, conditional uses, variances or changes in the zoning map to the appropriate DNR office at least 30 days prior to the hearings or meetings.
(2) In addition, copies of final decisions concerning plats, variances, ordinance amendments (including rezonings) and conditional uses must be sent to the appropriate DNR office within ten days of the final decision.
(3) The action by the city is effective only when either:
(a) The final decision of the city has previously received certification of approval from the DNR;
(b) The city receives certification after its final decision;
(c) Thirty days have elapsed from the day the DNR received notice of the final decision and the city has not received from the DNR the certification of approval, nor the notice of non-approval; or
(d) The DNR certifies approval of the request.
(B) In the event the action is not approved by the DNR, the city may, within 30 days of the notice of non-approval, file with the DNR a request for a public hearing pursuant to Minn. Rules part 6105.0230 for reconsideration.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.272 USES.
Permitted uses, conditional uses and accessory uses of the underlying zoning district apply within the KR Overlay District. Uses permitted in the KR Overlay District are in Minn. Rules part 6105.0100; except that, public roads and utility lines are conditional uses in accordance with Minn. Rules part 6105.0170 and 6105.0190.
(Ord. 20210818-01, passed 8-18-2021)
§ 163.273 DISTRICT PROVISIONS.
The following provisions apply within the KR Wild and Scenic River Overlay District where they are more restrictive than those of the underlying district.
(A) The following chart sets forth the minimum dimensional requirements of the KR District.
Unsewered Areas | Sewered Areas |
Unsewered Areas | Sewered Areas | |
Building setback from other roads and public street rights-of-way | 35 ft. | 35 ft. |
Building setback from federal, state or county trunk highway rights-of-way | 50 ft. | 50 ft. |
Building setback from ordinary high water mark | 200 ft. | 150 ft. |
Building setback from top of bluff | 30 ft. | 30 ft. |
Impervious surface setback from ordinary high water mark** | 50 ft. | 50 ft. |
Lot size | 80,000 sq. ft. | 40,000 sq. ft. |
Lot width at building and water line | 200 ft. | 125 ft. |
Maximum structure height | 35 ft. | 35 ft. |
Maximum total area of all impervious surfaces on each lot* | 30% | 30% |
On-site sewage treatment systems from ordinary high-water mark | 150 ft. | N/A |
NOTES TO TABLE: *Includes all structures, surfaced roads, parking lots, and other surfaced areas. **Applies to all surfaced roads or parking lots. | ||
(B) Lots of record on the effective date of this subchapter which do not meet the applicable size or width requirements are allowed as building sites; provided that, all the sanitary and dimensional standards are complied with, as practicable, and the lot was in separate ownership on the effective date of this subchapter.
(C) It is unlawful to install, alter, repair or extend an individual sewer disposal system or well without first obtaining a permit from the Zoning Administrator.
(1) A permit may not be issued unless the following conditions are satisfied.
(2) Public collection and treatment facilities must be used where available and feasible.
(3) Minimum standards of other local ordinances, Minn. Rules parts 6120.3400 and 7080-7083 and all application standards of the state’s Department of Health relating to wells and sewer systems are complied with.
(4) Private water supply systems must conform to state’s Department of Health standards for water quality.
(D) Individual sanitary sewer systems that do not meet the performance standards (does not apply to those that are substandard in setback) of this subchapter must be brought into conformity or discontinued within five years of the effective date of this subchapter.
(E) Between the ordinary high water mark and the applicable building setback line, clear cutting of trees over four inches in diameter shall be prohibited. Vegetative cutting in the KR Overlay District must comply with the conditions of Minn. Rules part 6105.0150.
(F) Grading and filling in of the natural topography requires a grading and filling permit from the zoning officer prior to initiation of any such work. The permit may be issued if the conditions of Minn. Rules part 6105.0160 are satisfied.
(G) Land may not be subdivided that is determined by the city or the Commissioner of Natural Resources to be unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(H) Soil percolation rate tests and soil borings are required on each proposed lot in any proposed subdivision within the KR Overlay District to establish the suitability of the land for development. The testing is required before any final plat may be approved, but may be waived by the Zoning Administrator when adequate data is already available.
(I) A structure must not be placed in the floodway. Structures proposed to be located in the floodplain must meet all requirements of Minn. Rules parts 6120.5000 through 6120.6200 (floodplain management).
(J) A structure may not be placed on any slope greater than 12% unless the structure can be screened from view of the water with natural vegetation, adequate sewage facilities can be installed, and the building permit application can adequately prove to the Zoning Administrator that erosion will be controlled or prevented.
(Ord. 20210818-01, passed 8-18-2021) Penalty, see § 163.999