Sandstone City Zoning Code
GENERAL SHORELAND
DISTRICT
§ 163.285 PURPOSE.
To provide for the protection of public health, safety and the general welfare of the residents of the city by preventing pollution and the uncontrolled development of shorelands of public waters required by M.S. §§ 103F.201 through 103F.221 and 462.351 through 462.365, as they may be amended from time to time, and Minn. Rules parts 6120.2500 through 6120.3900.
(Ord. 20210818-03, passed 8-18-2021)
§ 163.286 DISTRICT APPLICATION.
This overlay district applies to the shorelands of public waters within or partly within the city excluding the Kettle River, which is covered under District KR, the Kettle River Wild and Scenic River Overlay District, of this chapter. SHORELANDS is defined as all land located within 1,000 feet of the ordinary high water mark of a lake, pond or flowage and all land within 300 feet of a river or stream, or the landward extent of a floodplain of the river or stream, whichever is greater. The General Shoreland Overlay District is superimposed on all zoning districts contained in this chapter as existing or as amended and on the zoning map. The regulations and requirements imposed by the GS District are in addition to those established for districts which jointly apply. Where definitions of any term used in this district is in dispute, the definitions contained in Minn. Rules part 6120.2500 control.
(Ord. 20210818-03, passed 8-18-2021)
§ 163.287 DISTRICT BOUNDARIES.
(A) The boundaries of the GS District are established within 300 feet from the ordinary high water mark of Skunk Creek and Wolf Creek classified for general development. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by topographical divides which extend landward from the waters for lesser distances and which are approved by the Commissioner of Natural Resources.
(B) Where boundaries of the district are in question, the Board of Adjustment and Appeals will make the necessary interpretation. If a boundary is disputed, the burden of proof is on the applicant.
(Ord. 20210818-03, passed 8-18-2021)
§ 163.288 USES.
Permitted uses, conditional uses and accessory uses in any underlying district apply within the General Shoreland Overlay District.
(Ord. 20210818-03, passed 8-18-2021)
§ 163.289 MINIMUM REQUIREMENTS.
The following provisions apply within the General Shoreland Overlay District as minimum requirements. Where the requirements of the underlying zoning district are more restrictive, the more restrictive standards apply.
(A) The following chart sets forth the minimum dimensional requirements of the General Shoreland Overlay District.
Unsewered Areas | Sewered Areas |
Unsewered Areas | Sewered Areas | |
Building setback from other roads and public street rights-of-way | 30 ft. | 30 ft. |
Building setback from federal, state or county trunk highway rights-of-way | 50 ft. | 50 ft. |
Building setback from ordinary high water mark | 100 ft. | 50 ft. |
Impervious surface setback from ordinary high water mark** | 50 ft. | 50 ft. |
Lot size | 20,000 sq. ft. | 15,000 sq. ft. |
Lot width at building and water line | 100 ft. | 75 ft. |
Maximum structure height | 25 ft. | 25 ft. |
Maximum total area of all impervious surfaces on each lot* | 25% | 25% |
On-site sewage treatment systems from ordinary high water mark | 100 ft. | 50 ft. |
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 sewage disposal system or well without first obtaining a permit from the Zoning Administrator. A permit may not be issued unless the following conditions are satisfied:
(1) Public collection and treatment facilities must be used where available and feasible;
(2) Minimum standards of other local ordinances, Minn. Rules part 6120.3400 and Chapters 7080 though 7083 and all application standards of the state’s Department of Health relating to wells and sewer systems are complied with; and
(3) Private water supply systems must conform to State 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 GS 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 GS 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. 20210818-03, passed 8-18-2021)
§ 163.290 NOTIFICATION REQUIREMENTS.
(A) The Zoning Administrator must send copies of all notices of public hearings and meetings concerning this district relating to zoning amendments, conditional uses or variances or changes in the zoning map to the appropriate DNR office at least 30 days prior to the hearings or meetings. In addition, copies of final decisions concerning plats, variances, ordinance amendments (including re-zonings) and conditional uses must be sent to the appropriate DNR office within ten days of the final decision.
(B) The action by the city is effective only when either:
(1) The final decision of the city has previously received certification of approval from the DNR;
(2) The city receives certification after its final decision;
(3) 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
(4) The DNR certifies approval of the request.
(C) 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. 20210818-03, passed 8-18-2021)
§ 163.291 VARIANCES.
(A) Variances may be granted in extraordinary cases, but only after the variance procedures of this subchapter are followed and only when the proposed use is determined to be in the public interest. A variance will not be granted if it is determined to or has a tendency to:
(1) Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the DNR in conjunction with sound floodplain management;
(2) Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies;
(3) Be not in keeping with land use plans and planning objectives for the city or that will increase or cause danger to life or property; and
(4) Be inconsistent with objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the shorelands in the city.
(B) For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. Rules part 7082.0700, subpart 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water mark.
(Ord. 20210818-03, passed 8-18-2021)
§ 163.292 WARNING AND DISCLAIMER OF LIABILITY.
This subchapter does not imply that areas outside the GS Overlay District boundaries or land uses allowed within the district will be free from flooding and flood damage. 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. 20210818-03, passed 8-18-2021)