The Floodplain Overlay District shall be regulated as follows:

(1)

Statutory authorization, findings of fact and purpose.

a.

Statutory authorization. Minn. Stat. chs. 103F and 462 delegate the responsibility to local government units to adopt regulations designed to minimize flood losses.

b.

Findings of fact.

1.

The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the State Department of Natural Resources.

3.

National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59—78 so as to maintain the community's eligibility in the National Flood Insurance Program.

c.

Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in Subsection (1)b.1 of this section by provisions contained herein.

(2)

General provisions.

a.

Lands to which this section applies. This section shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general floodplain districts.

b.

Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is adopted by reference and declared to be a part of this section. The attached material shall include the flood insurance study for Washington County, Minnesota and incorporated areas and flood insurance rate map panels therein numbered 27163C0253E, 27163C0254E, 27163C0258E, 27163C0261E, 27163C0262E, and 27163C0266E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the City Clerk and the Community Development Department.

c.

Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

d.

Interpretation.

1.

In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

2.

The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Community Development Director, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.

e.

Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

f.

Warning and disclaimer of liability. This section 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 section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

g.

Severability. If any part, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

h.

Definitions. Unless specifically defined in the Section 28-2, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.

i.

Annexations. The flood insurance rate map panels adopted by reference into Subsection (2)b of this section may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this section. If any of these floodplain land areas are annexed into the City after the date of adoption of this section, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the City.

(3)

Establishment of zoning districts.

a.

Districts.

1.

Floodway District. For lakes, the floodway district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in Subsection (2)b of this section that are below the ordinary high-water level as defined in Minn. Stat. § 103G.005, subd. (14), and listed in Section 28-2. For other areas, the floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in Subsection (2)b of this section.

2.

Flood Fringe District. For lakes, the flood fringe district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in Subsection (2)b of this section that are below the 100-year flood elevation but above the ordinary high-water level as defined in Minn. Stat. § 103G.005, subd. 14, and listed in Section 28-2. For other areas, the flood fringe district shall include those areas designated as floodway fringe and shall include those areas shown on the flood insurance rate map as adopted in Subsection (2)b of this section as being within Zone AE but being located outside of the floodway.

3.

General Floodplain District. The general floodplain district shall include those areas designated as Zone A or Zone AE without a floodway on the flood insurance rate map adopted in Subsection (2)b of this section, which are not subject to criteria mentioned in Subsections (3)a.1 and 2 of this section.

b.

Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway, flood fringe and general floodplain districts, all uses not listed as permitted uses or conditional uses in Subsections (4) through (6) of this section, respectively, shall be prohibited. In addition, a caution is provided here that:

1.

New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically Subsection (9) of this section.

2.

Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically Subsection (11) of this section.

3.

As-built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section and specifically as stated in Subsection (10) of this section.

(4)

Floodway District (FW).

a.

Permitted uses.

1.

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

2.

Parking areas.

3.

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, and fishing areas, and single or multiple purpose recreational trails.

4.

Residential lawns, gardens, parking areas, and play areas.

b.

Standards for floodway permitted uses.

1.

The use shall have a low flood damage potential.

2.

The use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district.

3.

The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.

c.

Conditional uses.

1.

Structures accessory to the uses listed in Subsection (4)a of this section and the uses listed in Subsection (4)c.2 through 8 of this section.

2.

Extraction of sand, gravel, and other materials.

3.

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

4.

Railroads, streets, bridges, utility transmission lines, and pipelines.

5.

Storage yards for equipment, machinery, or materials.

6.

Placement of fill or construction of fences.

7.

Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Subsection (9)c of this section.

8.

Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is 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.

1.

All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.

2.

All floodway conditional uses shall be subject to the procedures and standards contained in Subsection (10)d of this section.

3.

The conditional use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district.

4.

Fill.

(i)

Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.

(ii)

Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.

(iii)

As an alternative, and consistent with Subsection (4)d.4(ii) of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the City has received an appropriate plan which ensures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder.

5.

Accessory structures.

(i)

Accessory structures shall not be designed for human habitation.

(ii)

Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

A.

Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

B.

So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

(iii)

Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:

A.

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;

B.

Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and

C.

To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

6.

Storage of materials and equipment.

(i)

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(ii)

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.

7.

Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minn. Stat. ch. 103G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

8.

A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(5)

Flood Fringe District (FF).

a.

Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district. All permitted uses shall comply with the standards for flood fringe district "permitted uses" listed in Subsection (5)b of this section and the "standards for all flood fringe uses" listed in Subsection (5)e of this section.

b.

Standards for flood fringe permitted uses.

1.

All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

2.

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally floodproofed in accordance with Subsection (4)d.5(iii) of this section.

3.

The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel or development site, whichever is larger, shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with Subsection (5)b.1 of this section.

4.

The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.

5.

The provisions of Subsection (5)e of this section shall apply.

c.

Conditional uses. Any structure that is not elevated on fill or floodproofed in accordance with Subsection (5)b.1 and 2 of this section and or any use of land that does not comply with the standards in Subsection (5)b.3 and 4 of this section shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Subsections (5)d and e and (10)d of this section.

d.

Standards for flood fringe conditional uses.

1.

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. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. 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 is constructed with flood resistant materials, and it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

(i)

Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

(ii)

Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

A.

A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. 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 automatic openings shall 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. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

B.

That the enclosed area will be designed of flood-resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

2.

Basements, as defined by Section 28-2, shall be subject to the following:

(i)

Residential basement construction shall not be allowed below the regulatory flood protection elevation, except as authorized in Subsection (5)d.7 of this section.

(ii)

Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subsection (5)d.3 of this section, except as authorized in Subsection (5)d.7 of this section.

3.

Except as authorized in Subsection (5)d.7 of this section, all areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted, except as authorized in Subsection (5)d.7 of this section.

4.

When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

5.

Storage of materials and equipment.

(i)

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(ii)

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City.

6.

The provisions of Subsection (5)e of this section.

7.

When the Federal Emergency Management Agency has issued a letter of map revision/fill for vacant parcels of land elevated by fill to the 100-year flood elevation, the area elevated by fill remains subject to the provisions of this section. A structure may be placed on the area elevated by fill with the lowest floor below the regulatory flood protection elevation provided the structure meets the provisions of Subsection (5)d.7(i) and (ii) of this section.

(i)

No floor level or portion of a structure that is below the regulatory flood protection elevation may be used as habitable space or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters. The term "habitable space (room)" means any space in a structure used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space.

(ii)

For residential and nonresidential structures, the basement floor may be placed below the regulatory flood protection elevation, provided:

A.

The top of the immediate floor above any basement area is placed at or above the regulatory flood protection elevation; and

B.

Any area of the structure placed below the regulatory flood protection elevation shall meet the "Reasonably Safe From Flooding" standards in the FEMA publication entitled "Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" Technical Bulletin 10-01, a copy of which is adopted by reference and made a part of this section. In accordance with the provisions of this section, the applicant must submit documentation that the structure is designed and built in accordance with either the simplified approach or engineered basement option found in the above-cited FEMA publication.

C.

If the ground surrounding the lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below the regulatory flood protection elevation must be floodproofed consistent with any of the FP-1 through FP- 4 floodproofing classifications found in the State Building Code.

e.

Standards for all flood fringe uses.

1.

All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

2.

Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that, when multiplying the depth (in feet) times velocity (in feet per second), the product number exceeds four upon occurrence of the regional flood.

3.

Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subsection (5)e.2 of this section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

4.

Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

5.

Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.

6.

Standards for recreational vehicles are contained in Subsection (9)c of this section.

7.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be 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.

(6)

General Floodplain District.

a.

Permissible uses.

1.

The uses listed in Subsection (4)a of this section shall be permitted uses.

2.

All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Subsection (6)b of this section. Subsection (4) of this section shall apply if the proposed use is in the floodway district and Subsection (5) of this section shall apply if the proposed use is in the flood fringe district.

b.

Procedures for floodway and flood fringe determinations within the General Floodplain District.

1.

Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the Community Development Director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district.

(i)

A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high-water information.

(ii)

Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

(iii)

Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

(iv)

Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

2.

The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minn. R. 6120.5000—6120.6200 and 44 CFR 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:

(i)

Estimate the peak discharge of the regional flood.

(ii)

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

(iii)

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

3.

The Community Development Director shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the City Council shall refer the matter back to the Community Development Director who shall process the permit application consistent with the applicable provisions of Subsections (4) and (5) of this section.

(7)

Subdivisions.

a.

Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. 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 shall be clearly labeled on all required subdivision drawings and platting documents.

b.

Floodway/flood fringe determinations in the General Floodplain District. In the general floodplain district, applicants shall provide the information required in Subsection (6)b of this section to determine the 100-year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.

c.

Removal of special flood hazard area designation. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(8)

Public utilities, railroads, roads, and bridges.

a.

Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.

b.

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subsections (4) and (5) of this section. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation 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 sewage treatment and water supply systems. Where public utilities are not provided:

1.

On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

2.

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

(9)

Manufactured homes and manufactured home parks and placement of recreational vehicles.

a.

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Subsection (7) of this section.

b.

The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with Subsection (5) of this section. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Subsection (5)e.1 of this section, then replacement manufactured homes will not be allowed until the property owners develops a flood warning emergency plan acceptable to the City. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be 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.

c.

Recreational vehicles that do not meet the exemption criteria specified in Subsection (9)c.1 of this section shall be subject to the provisions of this section and as specifically spelled out in Subsection (9)c.3 and 4 of this section.

1.

Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Subsection (9)c.2 of this section and further they meet the following criteria:

(i)

Have current licenses required for highway use.

(ii)

Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.

(iii)

The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

2.

Areas exempted for placement of recreational vehicles.

(i)

Individual lots or parcels of record.

(ii)

Existing commercial recreational vehicle parks or campgrounds.

(iii)

Existing condominium type associations.

3.

Recreational vehicles exempted in Subsection (9)c.1 of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in Subsections (4) and (5) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

4.

New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:

(i)

Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Subsection (5)e.1 of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

(ii)

All new or replacement recreational vehicles not meeting the criteria of Subsection (9)c.4(i) of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subsection (10)d of this section. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsection (9)c.1(i) and (ii) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subsection (8)c of this section.

(10)

Administration.

a.

Community Development Director. The Community Development Director or his or her designee shall administer and enforce this section. If the Community Development Director finds a violation of the provisions of this section, the Community Development Director shall notify the person responsible for such violation in accordance with the procedures stated in Subsection (12) of this section.

b.

Permit requirements.

1.

Permit required. A permit issued by the Community Development Director in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

2.

Application for permit. Application for a permit shall be made in duplicate to the Community Development Director on forms furnished by the Community Development Director and shall include the following, where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

3.

State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Community Development Director shall determine that the applicant has obtained all necessary State and federal permits.

4.

Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Community Development Director stating that the use of the building or land conforms to the requirements of this section.

5.

Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by Subsection (12) of this section.

6.

Certification. The applicant shall be 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 section. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

7.

Record of first floor elevation. The Community Development Director shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Community Development Director shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

8.

Notifications for watercourse alterations. The Community Development Director shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. ch. 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago regional office of FEMA.

9.

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Community Development Director shall notify the Chicago regional office of FEMA of the changes by submitting a copy of the technical or scientific data.

c.

Board of Adjustment.

1.

City Council. The City Council is the Board of Adjustment for this section.

2.

Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Community Development Director in the enforcement or administration of this section.

3.

Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the enabling legislation for planning and zoning for cities. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited 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. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(i)

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

(ii)

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 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.

(iii)

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

4.

Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Community Development Director, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing.

5.

Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this section, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Community Development Director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Subsection (10)d.6 of this section, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section punishable under Subsection (12) of this section. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.

6.

Appeals. Appeals from any decision of the Board of Adjustment may be made, as specified in the City's office controls and also by State law.

7.

Flood insurance notice and record keeping. The Community Development Director shall notify the applicant for a variance that:

(i)

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

(ii)

Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

d.

Conditional uses. The City Council shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the Community Development Director who shall forward the application to City Council for consideration.

1.

Hearings. Upon filing with the City Council an application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing.

2.

Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subsection (10)d.6 of this section, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section punishable under Subsection (12) of this section. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.

3.

Procedures. The following procedures shall be followed by the City Council in passing on conditional use permit applications within all floodplain districts:

(i)

Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use:

A.

Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and

B.

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(ii)

Transmit one copy of the information described in Subsection (10)d.3(i) of this section to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.

(iii)

Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

4.

Factors upon which the decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other subsections of this section, and:

(i)

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

(ii)

The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.

(iii)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(iv)

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

(v)

The importance of the services provided by the proposed facility to the community.

(vi)

The requirements of the facility for a waterfront location.

(vii)

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

(viii)

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

(ix)

The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.

(x)

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

(xi)

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

(xii)

Such other factors which are relevant to the purposes of this section.

5.

Time for acting on application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Subsection (10)d.3 of this section. The City Council shall render a written decision within 60 days from the receipt of such additional information.

6.

Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this section, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

(i)

Modification of waste treatment and water supply facilities.

(ii)

Limitations on period of use, occupancy, and operation.

(iii)

Imposition of operational controls, sureties, and deed restrictions.

(iv)

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

(v)

Floodproofing measures, in accordance with the State Building Code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(11)

Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance from which this section is derived but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in Section 28-2, shall be subject to the provisions of this subsection (11).

a.

No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.

b.

Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in this subsection (11).

c.

The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Subsection (4) or (5) of this section for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.

d.

If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The assessor shall notify the Community Development Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.

e.

If any nonconforming use or structure is substantially damaged, as defined in Section 28-2, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in Subsection (4), (5), or (6) of this section will apply depending upon whether the use or structure is in the floodway, flood fringe or general floodplain district, respectively.

f.

If a substantial improvement occurs, as defined in Section 28-2, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Subsection (4) or (5) of this section for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.

(12)

Penalties for violation.

a.

Violation of the provisions of this section 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) shall constitute a misdemeanor and shall be punishable as defined by law.

b.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:

1.

In responding to a suspected violation of this section, the Community Development Director and local government 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 community must act in good faith to enforce these official controls and to correct violations of this section to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

2.

When any violation of this section is either discovered by or brought to the attention of the Community Development Director, the Community Development Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and FEMA regional offices along with the community's plan of action to correct the violation to the degree possible.

3.

The Community Development Director shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Community Development Director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Community Development Director may either:

(i)

Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

(ii)

Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

4.

If the responsible party does not appropriately respond to the Community Development Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Community Development Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section.

(13)

Amendments.

a.

The floodplain designation on the Official Zoning Map shall 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 Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use.

b.

All amendments to this section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the FEMA's technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an amendment to this section and the notice shall include a draft of the section amendment or technical study under consideration.

(Code 1998, § 31-400; Ord. No. 1011, § 1(B), 12-15-2009)

St. Croix River Overlay District shall be regulated as follows:

(1)

Purpose. The purposes of the St. Croix River Overlay Districts are as follows:

a.

Designating suitable land use districts along the bluffland and shoreland of the Lower St. Croix River.

b.

Regulating the area of a lot and the length of bluffland and water lot frontage suitable for building sites.

c.

Regulating the setback of structures and sanitary waste treatment facilities from blufflines to protect the existing and natural scenic values, vegetation, soils, water and bedrock from disruption by manmade structures.

d.

Regulating the setback of structure and sanitary waste treatment facilities from shorelines to protect the natural scenic value, floodplain and water quality.

e.

Regulating alterations of the natural vegetation and topography.

f.

Conserving and protecting the natural scenic values, historical and cultural resources of the river valley and maintaining a high standard of environmental quality consistent with the National Scenic Rivers Act (PL 90-542) and Lower St. Croix Act (PL 90-560) and Master Plan and with the State Department of Natural Resources Standards and Criteria for the Lower St. Croix National Scenic Riverway (Minn. R. 6105.0351 to 6105.0550).

(2)

Designation of districts. For the purpose of protecting the natural resources and natural scenic values of the land within the boundaries of the Lower St. Croix Riverway the following St. Croix River Overlay Districts are established:

a.

The boundaries of the Lower St. Croix Riverway and the urban district with sewer and water service and urban district without sewer and water include all of the land riverward of the legally described riverway boundary contained in the official copy of the Lower St. Croix National Scenic Riverway National Master Plan and as shown on the map designated as Riverway Boundary, Exhibit A, attached to the ordinance from which this section is derived, as part of the Zoning Map.

b.

The boundaries of the Lower St. Croix Riverway zoning districts are designated on the map marked as the Riverway Boundary Exhibit A and attached to the ordinance from which this section is derived and made a part of the City's Official Zoning Map.

(3)

Use standards. Use standards for the St. Croix River Overlay Districts are as follows:

a.

Purpose. The purpose of establishing standards for uses in the St. Croix Riverway are to protect and preserve existing natural, scenic and recreational values and to maintain proper relationships between various land use types.

b.

Permitted uses. All structures associated with the following uses are permitted in the St. Croix Riverway, subject to the dimensional requirements of this subsection:

1.

Conservancy;

2.

Agriculture;

3.

Single-family residential;

4.

Government highway waysides, rest areas, information areas, parks and scenic overlooks; and

5.

Government resource management and interpretive activities.

c.

Accessory uses in general. Accessory uses are all appurtenances associated with and customarily incidental to permitted uses.

d.

Conditional uses. Conditional uses are as follows:

1.

Conditional uses are not permitted in the urban districts of the St. Croix Riverway unless it is determined by the City Council, after a public hearing, that the proposed use will:

(i)

Preserve the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river;

(ii)

Maintain safe and healthful conditions; or

(iii)

Limit erosion potential of the site.

2.

Conditional uses must meet, in addition to the dimensional and other requirements, the following standards:

(i)

The proposed use must be consistent with the City Comprehensive and Area Plan and be complimentary to the existing and adjacent land uses.

(ii)

The side and front setback requirements of the local zoning ordinance.

(iii)

A parking layout and site plan which provides on-site or off-street parking spaces for all employees of the project, an exclusive area for leasing docks where required by local ordinance and off-street customer parking spaces as required by local ordinance.

(iv)

On-site grading and surface water runoff plan for the site that minimizes soil erosion and degrading of surface water quality.

(v)

A landscaping plan that minimizes the visual impact of the proposed project as viewed from the river and that visually screens all parking areas from the river. The applicant must provide the community with a performance bond for the cost of all landscaping to ensure compliance with the landscaping plans.

(vi)

The project meets all zoning and subdivision requirements.

(vii)

The project requires no alteration or fill of the shoreline, bluffland or floodway.

(viii)

No lighted or flashing signs can face riverward.

3.

The following listed urban district conditional uses are considered conditional uses, permitted by conditional use permit:

(i)

All lawful businesses, including supermarkets.

(ii)

Manufacture of baked goods, provided not more than five persons are employed in the business.

(iii)

Department stores.

(iv)

Establishments for the sale of china, floor covering, hardware, furniture, household goods and appliances, paint, wallpaper, materials and objects of interior decorating.

(v)

Establishments for the sale of books, magazines, newspapers, tobacco products, drugs, flowers, gifts, music, photographic supplies, sporting goods and stationery.

(vi)

Eating places, lunchrooms, restaurants and cafeterias and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds, but excluding drive-in establishments.

(vii)

Service establishments, such as barber or beauty shops; custom tailors, laundry agencies and self-service laundries; laundries; shoe repair shops; dry cleaning, pressing or tailoring shops; printing shops; radio and television stations; telephone exchanges and the like.

(viii)

Business and professional offices and office buildings.

(ix)

Hotels and motels.

(x)

Funeral homes and mortuaries.

(xi)

Automotive sale, services and storage excluding gasoline filling stations.

(xii)

Transportation stations and terminals.

(xiii)

Amusement and recreational establishments, armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound-insulated to effectively confine the noise to the premises.

(xiv)

Marinas subject to the requirements of Subsection (11) of this section.

(xv)

Office display or sales space of a wholesale jobbing or distribution establishment not specifically mentioned as permitted only in a less restricted district, in connection with which not more than 25 percent of the floor area of the building, or part thereof, occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that:

A.

Any resulting cinders, dust, fumes, noise, odors, refuse matters, smoke, vapor or vibration is confined to the premises.

B.

The ground floor premises facing upon a street upon which the premises abut are used only for entrances, office or display.

(xvi)

Any other building, use or service similar to those listed in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas.

(xvii)

Any accessory use customarily incident to a use authorized by this chapter.

(4)

Prohibited uses. The following uses are prohibited in all St. Croix River Overlay Districts:

a.

Sand and gravel operations;

b.

Junkyards;

c.

Mobile home parks;

d.

Downhill ski areas;

e.

Advertising sign visible from the river; and

f.

All uses not authorized in this subsection.

(5)

Nonconforming uses. Prohibited uses in St. Croix River Overlay Districts, legally in existence prior to May 1, 1974, are legal nonconforming uses. These uses can be maintained but must not be enlarged or expanded.

(6)

Dimensional standards and other requirements. Dimensional standards and other requirements in the St. Croix River Overlay Districts are as follows:

a.

Purpose. The purpose of establishing dimensional standards is to maintain the aesthetic integrity of the St. Croix Riverway's dominant natural setting, to reduce the adverse effect of poorly planned shoreland and bluffland development, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to prevent pollution of surface water and groundwater, to minimize soil erosion and to provide a natural buffer between the river and developed areas.

b.

Minimum dimensional requirements. Minimum dimensional requirements are as follows:

1.

The following chart sets forth the minimum area, setbacks and other dimensional requirements of each district:

2.

Other requirements are as follows:

(i)

Structures are not permitted on slopes greater than 12 percent, with the exception of stairways and lifts. The physical alteration of slopes is not permitted for the purpose of overcoming this limitation.

(ii)

New structures must meet the floodway requirements as defined in Section 28-296.

(iii)

The exterior color of new structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river by topography.

(iv)

Sewage disposal must meet all requirements of Subsection (10) of this section.

(v)

Vegetative cutting requires a permit. On lands within 100 feet of the ordinary high-water mark and 40 feet landward of blufflines and on slopes greater than 12 percent there is no vegetative cutting of live trees or shrubs without a permit. A permit may be issued only if the cutting, including topping, involves trees less than six inches in diameter at breast height. The cutting, including topping involves vegetation which is not screening any structure from view from the river. The essential character, quality and density of existing growths are preserved, and continuous canopy cover is maintained. The trees are diseased, and their removal is in the public interest. The cutting is necessary for the maintenance of transportation lines or utility rights-of-way.

3.

A vegetative cutting permit is not required for the following; however, the vegetative cutting must be accomplished in such a manner that the essential character, quality and density of existing growth is preserved and continuous canopy cover is maintained as viewed from the river:

(i)

Clearing the minimum area necessary for a structure, sewage disposal system and private road and parking area, done pursuant to a validly issued building permit.

(ii)

Maintenance trimming or pruning on property or in transportation or utility rights-of-way.

(iii)

Vegetative cutting in areas of the St. Croix Riverway not covered under Subsection (6)b.2(v) of this section, provided that the vegetation is not screening any structure from view from the river.

c.

Grading and filling. Grading and filling requirements are as follows:

1.

Grading, filling, excavating or changing the topography landward of the ordinary high-water mark is not permitted without a permit. A permit may be issued only if:

(i)

Slopes greater than 12 percent are not altered where erosion and visual scars may result.

(ii)

Earth moving, erosion, vegetative cutting, draining or filling of wetlands and the destruction of natural amenities is minimized.

(iii)

The smallest amount of ground is exposed for as short a time as feasible.

(iv)

During construction, temporary ground cover or mulch is used, and permanent ground cover or sod is planted.

(v)

Temporary and permanent methods to prevent erosion and trap sediment are employed.

(vi)

Fill is stabilized to accept engineering standards.

2.

A separate grading and filling permit is not required for grading, filling or excavating the minimum area necessary for a structure, sewage disposal system, private road or parking area done pursuant to a validly issued building permit. However, the standards and criteria of Subsection (6)b.2 of this section are required as conditions of the building permit.

(7)

Exceptions to minimum setback requirements. Exceptions to the minimum setback requirements in the St. Croix River Overlay Districts include the following:

a.

Where a substandard setback pattern from the ordinary high-water mark or a bluffline has already been established by existing principal dwelling unit structures on adjacent lots on both sides of the proposed building site, the setback of the proposed structure is the average setback of the existing dwelling units, plus at least 40 feet, or the required minimum setbacks of the underlying zoning districts, whichever distance is less from the average setback line. This exception applies only to substandard lots that do not meet the minimum lot width requirements of Subsection (6) of this section.

b.

Development subject to state permits which provide services to the public and which, by their nature, require location on or near public waters shall be subject to the conditions of the state permits as provided in Minn. R. 6105.0390 and 6105.0410 to 6105.0440.

c.

Temporary docks may be allowed to extend into the water the minimum distance necessary to facilitate the launching or mooring of watercraft during the open water season if the docks are allowed by the federal and State government.

d.

Signs may be allowed if allowed by the federal and State government and if necessary for the public health and safety. Signs may also be allowed that indicate areas that are available or not available for public use. Outside the minimum setbacks with the St. Croix Riverway, signs that are otherwise lawful are permitted, provided they will be visually inconspicuous in summer months as viewed from the river.

e.

Stairways and lifts to enable access from bluffland properties to the water on steep slopes may be allowed by the local authority, provided the disruption of vegetation and topography is kept to a minimum and the structure will be visually inconspicuous in the summer months as viewed from the river.

(8)

Substandard lots. Lots in the St. Croix River Overlay Districts recorded in the office of the County Register of Deeds prior to May 1, 1974, that do not meet the requirements of Subsection (6) of this section may be allowed as building sites when:

a.

The proposed use is permitted in the zoning districts.

b.

The lot has been in separate ownership from abutting lands since May 1, 1974.

c.

It can be demonstrated that a proper and adequate sewage disposal system can be installed in accordance with the provision of Subsection (10) of this section.

d.

The dimensional standards of this subsection are complied with to the greatest extent practicable.

(9)

Substandard structures. All structures legally in existence in the St. Croix River Overlay Districts prior to May 1, 1974, that do not meet the structure or sewage treatment system setback requirements or other dimensional standards of this subsection are considered substandard structures and are subject to the following conditions:

a.

Substandard structures that contain nonconforming uses may not be enlarged or expanded.

b.

Substandard structures and substandard sanitary facilities are allowed to continue.

c.

In no instance may the extent to which a structure or sanitary facility violates a setback standard be increased.

d.

An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure or facility facing away from the river or bluffline.

e.

An alteration or expansion of a substandard structure which increases the horizontal or vertical riverward building face may not be allowed unless it can be demonstrated that the structure will be visually inconspicuous in summer months as viewed from the river as determined by the City Council after a public hearing.

f.

Exterior decks attached to the structure which do not extend any roof or foundation may be permitted to extend laterally (parallel to the river or bluffline) at the same setback as the substandard structure if the deck is visually inconspicuous in summer months as viewed from the river and the deck has no roof or building foundation.

g.

If a substandard structure needs replacing due to destruction, deterioration or obsolescence, the replacement must comply with the dimensional standards of this section.

(10)

Sewage disposal. Any premises intended for human occupancy in the St. Croix River Overlay Districts must be provided with an adequate method of sewage disposal, subject to the following items:

a.

Public collection and treatment facilities must be used where available and where feasible.

b.

Where public or municipal facilities are not available, all on-site individual sewer disposal systems must conform to the minimum standards as set forth in the regulations of the State Department of Health and State Pollution Control Agency.

c.

A septic tank/drain field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible and the system, being proposed as an alternative, will not cause a pollution problem.

d.

No person may install, alter, repair or extend any individual sewer disposal system without first obtaining a permit from the Community Development Director for the specific installation, alteration, repair or extension.

(11)

Marinas. Marinas in the St. Croix River Overlay Districts shall be regulated as follows:

a.

New and/or expanded marinas may only be allowed:

1.

Between the Boomsite Highway Wayside and the City; and

2.

Downstream from the northern City limits in urban districts.

b.

New marinas must meet the design standards of the State Department of Natural Resources regulations, including Minn. R. 6105.0410, subp. 2.

c.

Permit requirements. No construction or development associated with a marina may begin until all of the following authorizations have been obtained by the applicant:

1.

Marinas are a conditional use in this section.

2.

For uses and structures above the ordinary high-water mark associated with a marina, a public hearing must be held by the City Council to consider a marina as a conditional use in accordance with the State Department of Natural Resources regulations including Minn. R. 6105.0530. The City Council may approve or deny the marina on the standards of the state Department of Natural Resources. If the City Council approves the marina, final issuance of the local permit must be conditioned upon granting of all State and federal permits required by the State Department of Natural Resources including Minn. R. 6105.0410.

(12)

Alterations of public waters. Public waters alterations in the St. Croix River Overlay Districts shall be regulated as follows: Changing the course, current or cross section of public waters require State and federal permits as specified in Minn. R. 6105.0420 before any local permits may be issued.

(13)

Transmission services. A permit from the Commissioner is required pursuant to Minn. Stat. § 84.415 or 103G.245 before transmission services may cross state-owned lands or public waters and shall be in accordance with the Natural Resources Regulations, including Minn. R. 6105.0430.

(14)

Public roads. A permit from the Commissioner of Natural Resources is required before construction, reconstruction, removal or abandonment of any road or railroad crossing of public waters within the riverway. Such permit shall be in accordance with Minn. R. 6105.0440.

(15)

Subdivisions. Subdivisions in the St. Croix River Overlay Districts shall be regulated as follows:

a.

Land suitability. No land may be subdivided if found by the City Council to be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities or any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. The City Council, in applying the provisions of this subsection, must describe in writing the particular features upon which it bases its conclusions that the land is not suitable for the proposed use and must afford the subdivider an opportunity to present evidence regarding the suitability at a public hearing. Thereafter, the City Council may affirm, modify or withdraw its determination of unsuitability.

b.

Preliminary plans. Preliminary plans for all plats, including planned cluster developments, must be approved by the Commissioner or designee prior to preliminary approval by the City Council. All subdivisions must comply with the applicable provisions of the City's subdivision ordinance.

c.

Planned cluster developments. A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the clustering will provide a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this section for planned cluster developments if:

1.

Public sewer and water will be installed in the proposed cluster development and the number of dwelling units does not exceed 50 percent more than the total number of dwelling units allowed by the minimum lot size requirements for a single-family residential subdivision.

2.

Open space is preserved. At least 50 percent of the length of shoreland or bluffland frontage as viewed from the river must be kept in its natural state.

3.

Temporary docks are centralized and are not larger than needed by the residents of the development.

(16)

Administration. Administration of this section shall be according to the following:

a.

Administrative procedure. In addition to the applicable administrative procedures set forth in Article II of this chapter, the following procedures must be implemented with respect to land, subject to this section:

1.

A public hearing must be held for all zoning district amendments, zoning text amendments, conditional use permits, planned unit developments, subdivisions and variances.

2.

No less than 20 days prior to the public hearing, the Community Development Director must send notice and copies of the applicant's submittal information as specified to the following agencies for review and comment:

(i)

Department of Natural Resources; and

(ii)

Minnesota/Wisconsin Boundary Area Commission.

Notice of the purpose, time and place of the public hearing must be mailed to all listed property owners and local governments at least ten days prior to the date of the hearing. Notice of the purpose, time and place of the public hearing must be published in the official newspaper of the affected communities at least ten days prior to the date of the hearing.

b.

Certification of the Commissioner of Natural Resources. Before any zoning district ordinance amendment or variance becomes effective, the City Council must forward the decision to the Commissioner. The Commissioner must certify in writing that the proposed action complies with the intent of the Wild and Scenic Rivers Act and the Master Plan for the Lower St. Croix River within 30 days of receipt of a final decision as required by the Department of Natural Resources regulations, Minn. R. 6105.0540.

c.

Forwarding a final decision. The Clerk must forward decisions within ten days of final action on all conditional use permits, planned unit developments and subdivisions to the Commissioner of Natural Resources.

d.

Permit process. The permit process shall adhere to the following:

LP - Permit issued by the local authority in accordance with this subdivision and all other local permits.

CC - Certification by the Commissioner of Natural Resources prior to final local approval.

PH - Public hearing necessary by the local authority giving 20 days' notice of meeting to the Commissioner of Natural Resources and other listed agencies.

FD - Local authority forwards any decisions to the Commissioner of Natural Resources within the ten days after taking final action.

WA - The Commissioner of Natural Resources must submit, after notice of public hearing and before the local authority gives preliminary approval, a written review and approval of the project.

e.

Variances. Variances will be granted only where there are particular hardships which make the strict enforcement of this section impractical. Hardship means the proposed use of the property and associated structures in question cannot be established under the conditions allowed by this subsection, the plight of the landowner is due to circumstances unique to this property, not created by the landowners after May 1, 1974; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone will not constitute a hardship for the reasonable use of the property and associated structures under the conditions allowed by this section. In addition, no variance may be granted that would permit any use that is prohibited in this section in which the subject property is located. Conditions may be imposed on the granting of a variance to ensure compliance and to protect adjacent properties and the public interest, especially in regard to the appearance of the property when viewed from the river. The public hearing for a variance must be held by the Planning Commission and City Council set forth in this section.

f.

Requirements of the applicant for a public hearing. Applicant requirements for a public hearing are as follows:

1.

The applicant must submit sufficient copies of the information in Subsections (16)f.2 through 10 of this section (submittal information) to the Community Development Director 30 days prior to the public hearing on the application for a conditional use, variance, planned unit development or subdivision.

2.

An abstractor's certificate showing the names and addresses of all property owners within 350 feet of the affected property, and any local governments, within two miles of the affected property (this requirement does not apply to amendments to the text of this subsection) as requested to the Community Development Director 30 days prior to the public hearing on the application for a conditional use, variance, planned unit development or subdivision.

3.

Plat of survey showing the property location, boundaries, dimensions, elevations, bluff lines, utility and roadway corridors, the ordinary high-water mark, floodway and floodplain.

4.

The most recent aerial photo of the property with property lines drawn in.

5.

Location of existing and proposed structures including height and setback dimensions.

6.

Location of existing and proposed alterations of vegetation and topography.

7.

Adjoining water oriented to such districts and other uses.

8.

Suitability of the area for on-site waste disposal. The type, size and location of the system must be indicated. If a public or municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement from the City indicating that the system has the capacity to handle the development.

9.

An estimate of permanent and transient residents that will be associated with the use.

10.

An abstractor's certificate showing the names and addresses of all property owners within 350 feet of the affected property, and any local governments, within two miles of the affected property. This requirement does not apply to amendments to the text of this subsection.

g.

Factors to be considered. When considering a conditional use permit, variance, subdivision, proposal or zoning amendment within the St. Croix River Overlay Districts, the City must address the following items in making its decisions:

1.

Preserving the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river.

2.

The maintenance of safe and healthful conditions.

3.

The prevention and control of water pollution, including sedimentation.

4.

The location of the site with respect to floodways, slopes and bluff lines.

5.

The erosion potential of the site based on degree and direction of slope, soil type and vegetative cover.

6.

Potential impact on game and fish habitat.

7.

Location of the site with respect to existing or future access roads.

8.

The amount of wastes to be generated and the adequacy of the proposed disposal system.

9.

The anticipated demand for police, fire, medical and school services and facilities.

10.

The compatibility of the proposed development with uses on adjacent land.

(17)

Enforcement. Enforcement of this section shall be according to the following:

a.

Violations. Penalties and remedies for violation of this section are as follows:

1.

It is unlawful for any person to violate any of the terms and provisions of this section. A violation is a misdemeanor. Each day that a violation is permitted to exist will constitute a separate offense.

2.

In the event of a violation or a threatened violation of this section, the City Council, or the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate violations or a threatened violation and it is the duty of the City Attorney or State Attorney General, to institute the action.

b.

Separability. The several provisions of this section are separable in accordance with the following:

1.

If any court of competent jurisdiction adjudges any provision of this section to be invalid, the judgment will not affect any other provisions of this section not specifically included in the judgment.

2.

If any court of competent jurisdiction adjudges invalid the application of any portion of this section to a particular property, building or other structure, the judgment will not affect the application of the provision to any other property, building or structure not specifically included in the judgment.

3.

Nothing contained in this section repeals or amends any section requiring a permit or license to engage in any business or occupation.

(Code 1998, § 31-401)

Shoreland Management Overlay Districts shall be regulated as follows:

(1)

Intent and purpose. The City finds that the protection of lakes, streams and water courses within its boundaries is critical for the health, safety, order and general welfare of its citizens and to preserve and enhance the quality of surface water and preserve the economic and natural environmental values of shoreland. It is the intent of the City to preserve shoreland areas for the purpose of:

a.

Regulating the areas of a lot and the length of water frontage suitable for building sites.

b.

Regulating the alteration of shorelands of public waters.

c.

Regulating alterations of the natural vegetation and the natural topography along shorelands.

d.

Conserving and developing natural resources and maintaining a high environmental quality.

(2)

General provisions and definitions. General provisions and definitions are as follows:

a.

Compliance. The use of any shoreland of public waters; the size and shapes; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land must be in full compliance with the terms of this section and other applicable regulations.

b.

Enforcement. The Community Development Director is responsible for the administration and enforcement of this section. Any violation of the provisions of this section 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, constitutes a misdemeanor.

c.

Interpretation. In their interpretation and application, the provisions of this section will be held to be minimum requirements and must be liberally construed in favor of the City and not be deemed a limitation or repeal of any other powers granted by state statutes.

d.

Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. All other ordinances inconsistent with this section are repealed to the extent of the inconsistency only.

(3)

Administration. Administration of this section shall be as follows:

a.

Permits required. A permit is required for the construction of buildings or building additions, alteration of sewage treatment systems and grading and fill activities. The application must include the necessary information so that the Community Development Director can determine the site's suitability.

b.

Notification to the Department of Natural Resources. Copies of all notices of any public hearing to consider variances, amendments or conditional uses for those lakes which are classified with the criteria found in Minn. R. 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days before the hearing. Notice of the hearing to consider proposed subdivisions or plats must include copies of the subdivision or plat.

c.

Variances. A variance may not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or yearround, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent property. The Planning Commission must hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subsection (3)b of this section must also include the Commission's summary of the public record/testimony and the findings of facts and conclusions that supported the issuance of the variance.

d.

Reconstruction of nonconforming sewage treatment systems. A permit authorizing an addition to an existing structure must require that an identified nonconforming sewage treatment system, as defined in Section 28-2, be reconstructed or replaced in accordance with the provisions of the Uniform Building Code.

e.

Certificate of zoning compliance. The Community Development Director must issue a certificate of compliance for each activity requiring a permit. This certificate will specify that the use of land conforms to the requirements of this section. Any use, arrangement or construction at variance with that authorized permit is a violation of this section.

(4)

Shoreland classification system and land use districts. The public waters of the City have been classified consistent with the criteria found in Minn. R. 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, as follows:

a.

Lakes and streams.

1.

Natural environment:

South Twin Lake (82-19W).

2.

Recreational development:

Long Lake (82-21P).

3.

General development:

Lily Lake (82-23P).

Lake McKusick (82-20W).

4.

Streams and rivers:

Brown's Creek and its tributaries.

b.

Land use districts for lakes. All lands within shoreland areas in the City shall be designated as a residential use district. The following uses are permitted:

1.

Permitted uses:

(i)

Single-family residential.

(ii)

Parks and historic sites.

(iii)

Agricultural cropland and pasture.

2.

Uses permitted with a conditional use permit: Cluster residential development with the density not to exceed the development regulations of the zoning district.

3.

Uses permitted with a conditional use permit: Senior care living facility; however, only on parcels that are partly, and not wholly, within the Shoreland Management Overlay District.

c.

Land use districts for rivers.

1.

Permitted uses:

(i)

Single-family residential.

(ii)

Parks and historic sites.

2.

Uses permitted with a conditional use permit: Cluster residential development with the density not to exceed the development regulations of that zoning district.

(5)

Zoning and water supply; sanitary provisions. Sanitary provisions for zoning and water supply are as follows:

a.

Lot area and width standards. The lot area and lot width standards for single-family residential lots created after the date of enactment of the ordinance from which this section derives for any lake and river/stream classification are the following:

(6)

Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.

a.

Structure and on-site sewage system setbacks. Structure and on-site sewage system setbacks from the ordinary high-water mark are as follows:

b.

Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback from top of bluff, 40 feet.

(7)

Design criteria for structures. Design criteria for structures are as follows:

a.

High-water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including the basement, is placed or floodproofed must be determined as follows:

1.

For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above the ordinary high-water level, whichever is higher.

2.

For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary high-water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with the county floodplain management ordinance. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities.

b.

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 must meet all of the following design requirements:

1.

Stairways and lifts must not exceed four feet in width on residential lots;

2.

Landings for stairways and lifts on residential lots must not exceed 32 square feet in area;

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.

5.

Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, 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 handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subsection (7)a through e of this section are complied with in addition to the requirements of Minn. R. 1340.

c.

Significant historic sites. No structure may be placed on a significant historic site 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.

d.

Steep slopes. The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined 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.

e.

Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height.

f.

Shoreland alterations. 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.

g.

Vegetation alterations. Vegetation alterations necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation is allowed subject to the following standards:

1.

Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water.

2.

No cutting or removal of trees over six inches in diameter measured at a point two feet above ground level within the required building setback shall be permitted unless the trees are dead or diseased. A certificate of compliance must be obtained prior to the removal of any trees.

3.

Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.

4.

The provisions of this subsection (7)g shall not apply to allowed uses which normally require the removal of natural vegetation or to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.

h.

Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will only be allowed after the Department of Natural Resources has approved the proposed connection to public waters.

i.

Placement and design of roads, driveways and parking areas. Requirements for the placement and design of roads, driveways and parking areas are as follows:

1.

Public and private roads and parking areas must be designated to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

2.

All new roads, driveways and parking areas must meet water body structure setbacks and must not be placed within bluff and shore impact zones.

3.

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 control conditions of this subsection are met and a certificate of compliance is issued by the Community Development Director.

j.

Specific standards. Specific standards are as follows:

1.

Impervious surface coverage of lots must not exceed 25 percent of the lot area.

2.

When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district.

3.

New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

k.

Standards for public uses. Standards for public uses are as follows:

1.

Surface water-oriented public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:

(i)

In addition to meeting impervious coverage limits, setbacks and other zoning standards in this section, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

(ii)

Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.

(iii)

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 the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. A sign permit must be obtained from the Community Development Director.

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.

l.

Agricultural use standards. Agricultural use standards are as follows: 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 field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, 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 ordinary high-water level.

m.

Forest management standards. The harvesting of timber associated with reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management, Best Management Practices in Minnesota.

n.

Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this section. The following additional evaluation criteria and conditions apply within shoreland areas:

1.

Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soil conditions on the site must be made to ensure:

(i)

The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

(ii)

The visibility of structures and other facilities as viewed from public waters is limited.

(iii)

The site is adequate for water supply and on-site sewage treatment.

(iv)

The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.

(8)

Nonconforming uses; substandard structures. Nonconforming uses and substandard structures shall be regulated as follows:

a.

Legally established nonconformities. All legally established nonconformities as of October 28, 1972, may continue, but they will be managed according to applicable state statutes and other regulations of the City for the subjects of alterations and additions, repair after damages, discontinuance of use and intensification of use; except that the following standards will also apply in shoreland areas:

1.

A lot or parcel of land which was of record as a separate lot or parcel in the office of the County Recorder or Registrar of Title, on or before January 1, 1973, which is in a residential or agricultural district may be used for single-family detached dwelling purposes, without a variance, provided the area and width thereof are within 60 percent of the minimum requirements of Subsection (5) of this section, provided all setback requirements of this subsection can be maintained and provided it can be demonstrated that either two safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by sanitary sewer.

2.

If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subsection (5) of this section, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the full requirements of Subsection (5) of this section.

3.

Restoration of nonconforming uses and substandard buildings or structures. A nonconforming use or substandard building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion, unless the damage to such building or structure is equal to 50 percent or more of the replacement cost thereof (as determined by the Building Official) in which case, the reconstruction shall conform to the provisions of this section, not to exceed the gross square footage of the previous structure.

(9)

Additions or expansions to substandard structures. Additions or expansions to substandard structures shall meet the following requirements:

a.

All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of Subsection (6) of this section. Any deviation from these requirements must be authorized by a variance pursuant to this section.

b.

Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high-water level if all of the following criteria and standards are met:

1.

The structure existed on the date the structure setbacks were established.

2.

A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high-water level setback of the structure.

3.

The deck encroachment toward the ordinary high-water level does not exceed 15 percent of the existing setback of the structure from the ordinary high-water level or does not encroach closer than 30 feet, whichever is more restrictive.

4.

No deck on a nonconforming structure shall exceed ten feet in width.

5.

The deck is constructed primarily of wood and is not roofed or screened.

6.

A certificate of compliance is obtained from the Community Development Director.

(10)

Exceptions to building setbacks. Exceptions to building setbacks are as follows:

a.

Exceptions to the building setback from the ordinary high-water mark for substandard structures that are set back a minimum of 30 feet from the ordinary high-water mark on sewered lots or a minimum of 45 feet from the ordinary high-water mark on unsewered lots. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the water body, provided the improved structure is in compliance with all other requirements of this section.

b.

Exceptions to the building setback from the side yard and street right-of-way. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the side yard or street, provided the encroachment into the side or front yard is not increased and the improved structure is in compliance with all other requirements of this section.

c.

Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of the County individual sewage treatment system ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces, (decks, and porches). In addition, at time of sale or upon receipt of a complaint, the property shall be inspected and if the sewage system is found to be nonconforming, a new conforming system must be installed within 90 days.

(11)

Wetland protection natural buffer zone.

a.

Scope of application. This subsection applies to any property included within a subdivision or for property for which an application for a building permit was filed on or after the effective date of the ordinance from which this section is derived. This subsection does not apply to any of the following:

1.

Structures located within a wetland buffer zone on the effective date of the ordinance from which this section is derived, or the remodeling or reconstruction of these structures provided that the change does not occupy additional land within the wetland buffer zone.

2.

The construction or maintenance of public drainage facilities or temporary erosion control improvements.

3.

The construction or maintenance of public utilities, provided there is no other practical alternate location and measures are taken to minimize impact on the wetland buffer zone.

4.

The construction or maintenance of public or private trails if the trail surface is not of impervious materials and the buffer zone is expanded, where possible, in width equal to the width of the trail corridor, including disturbed areas.

b.

Wetland buffer zone required. On all public and private property which abuts a wetland, a wetland buffer zone must be preserved or established and maintained in accordance with the following requirements:

1.

Wetland protective natural buffer zone means the area between a line delineating the wetland edge and a line parallel to and upland one-half the distance of the required setback (from Natural Environmental Lakes: 75 feet; Recreational: 37.5 feet; General Development Lakes, unclassified water bodies or wetlands: 25 feet). For Brown's Creek or tributaries of Brown's Creek, the buffer zone is 100 feet from the middle of the creek. If a wetland is associated with the tributary, the required buffer area is 100 feet from the centerline of the tributary or creek or 25 feet beyond the edge of the wetland, whichever is greater.

2.

The buffer zone must be maintained in its existing condition; however, invasive species as identified by the City must be removed under direction from the City.

3.

Any buffer zone that is disturbed must be reestablished with natural planting approved by the City.

4.

A silt fence must be installed and maintained protecting the buffer zone before construction begins and not removed until all land disturbing activities are complete and disturbed areas reestablished.

5.

All subdivision applications must have wetland delineated and buffer zones marked and required wetland building setbacks mapped.

6.

All plats must show the wetland edge as approved by the City; and the wetland protective natural buffer zone.

7.

The owner or occupant of any property abutting any wetlands may not conduct or permit any of the following activities within the wetland buffer zone;

(i)

Vegetation alteration, including moving or clear-cutting;

(ii)

Topographic alteration, including but not limited to grading, filing, excavation and extractions;

(iii)

Construction, placement or installation of any structure;

(iv)

Dumping or disposing of any material foreign to the natural state of the wetland.

8.

Land disturbing activity that is proposed outside of any established wetland buffer zone which may impact the buffer zone or wetland, requires approval by the City Engineer before the activity begins.

9.

The buffer zone must be placed in a conservation or open space easement or dedicated for conservation purposes.

c.

Wetland buffer zone identified. The wetland buffer zone must be identified by permanent markers, approved by the City; at each lot line, but in no case more than 300 feet apart. All markers must be correctly installed prior to final plat or subdivision approval.

(Code 1998, § 31-402; Ord. No. 998, § 2, 10-7-2008)

(a)

Purpose. The City Council finds that the Central Business District has been the core area of the City and its most identifiable resource. Since 1930 when Lowell Park was established through the generosity of Elmore Lowell and the cooperation of the federal WPA program, Lowell Park and the downtown have served as the gateway to the City. The Central Business District has become a desirable place to work, shop, live and enjoy cultural and recreational activities and it is therefore apparent that regulations be adopted that will preserve and enhance the essential character of the downtown and that structures be limited in height in order that structures close to the river not rise above the height of structures farther from the river.

(b)

Height standards. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of the intentional demolition of an existing structure, are subject to the standards, regulations and provisions of the Central Business District Height Overlay Districts as contained in this section.

(1)

CBDR Central Business District Riverside.

a.

Freestanding building. The maximum height of a freestanding building in the CBDR Height Overlay District is 1.5 stories, but not to exceed 20 feet. Height is measured from the front street level.

b.

Infill building. For vacant lots immediately adjacent to ¹ an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides.

(2)

CBDP Central Business District Parkside.

a.

Freestanding building. The maximum height of a freestanding building in the CBDP Height Overlay District is 2.5 stories, but not to exceed 30 feet. Height is measured from the front street level.

b.

Infill building. For vacant lots immediately adjacent to ² an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides.

(3)

CBDH Central Business District Historic.

a.

Freestanding building. The maximum height of a freestanding building in the CBDH Height Overlay District is three stories, but not to exceed 37 feet. Height is measured from the front street level.

b.

Infill building. For vacant lots immediately adjacent to ³ an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides.

(4)

CBDB Central Business District Bluffside.

a.

Freestanding building. The maximum height of a freestanding building in the CBDB Height Overlay District is four stories, but not to exceed 45 feet. Height is measured from the front street level.

b.

Infill building. For vacant lots immediately adjacent to ⁴ an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides.

(5)

CBDBT Central Business District Blufftop.

a.

Freestanding building. The maximum height of a freestanding building in the CBDBT Height Overlay District is three stories, but not to exceed 35 feet. Height is measured from the front street level.

b.

Infill building. For vacant lots immediately adjacent to ⁵ an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides.

(c)

General regulations. In all Central Business District Height Overlay Districts the following regulations will apply:

(1)

For flat roofed buildings, height will be measured from the lowest street curb level to the highest parapet wall of the proposed building.

(2)

For peaked roofed buildings, height will be measured from the lowest street curb level to the highest roof peak of the proposed building.

(3)

In areas within the flood plain as depicted on the FEMA Flood Insurance Rate Map, height will be measured starting from one foot above the regional flood elevation of the property.

(4)

All properties abutting on Main Street with frontage on more than one street must have height measurements taken from the Main Street side.

(5)

All properties along Third Street must have height measured from the Third Street side.

(6)

Buildings existing on April 18, 2006, will, for the purpose of this section, will be in lawful height conformance for purposes of improvements, repairs, remodeling, or refinancing. This provision will not apply to buildings that are intentionally demolished.

a.

For purposes of calculating the height of an infill building, the term "immediately adjacent to" is synonymous with "adjoining" and " does not include buildings that are on the opposite side of a street, alley, or open space of any kind.

b.

For purposes of calculating the height of an infill building, the term "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind.

c.

For purposes of calculating the height of an infill building, the term "immediately adjacent to" is synonymous with "adjoining" and does not include buildings that are on the opposite side of a street, alley, or open space of any kind.

d.

For purposes of calculating the height of an infill building, the term "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind.

e.

For purposes of calculating the height of an infill building, the term "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind.

(Code 1998, § 31-403)

The Downtown Design Review Overlay District shall be regulated as follows:

(1)

Purpose. The Downtown Design Review Overlay District is established to conserve and enhance downtown Stillwater's appearance, preserve its historical and architectural assets, protect and encourage areas of existing or potential scenic value, and assist property owners. It promotes working together effectively when new construction, renovation, and restoration are proposed. The purpose of the regulations is to ensure that building alterations emphasize the design and materials of the original building and remove inconsistent materials and features, that new construction maintains the scale and character of existing buildings and that downtown pedestrian quality is maintained and enhanced.

(2)

District boundaries. This section shall apply to all lands within the jurisdiction of the City as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Downtown Design Review Overlay District.

(3)

Design permit required. A design permit is required for new construction and any alterations to existing structures/sites that have the potential to alter the architectural integrity of that structure/site.

a.

Heritage Preservation Commission review. Prior to the issuance of other applicable City permits and licenses, the Heritage Preservation Commission shall review and approve or deny the issuance of a design permit for any of the following uses and development types:

1.

Residential structures including single- and two-family dwellings.

2.

Commercial, office, institutional, and industrial structures, including land not involving buildings (e.g., outside storage, loading, or utility areas).

3.

Accessory structures and uses.

4.

Any structure for which a variance has been requested.

5.

All multitenant signs and sign plans.

6.

Any projects where the applicant is a public agency over which the City exercises land use controls.

7.

Parking lots of five or more spaces.

8.

Any planned unit development or subdivision.

9.

Any sign design denied by City staff.

b.

Administrative review. To expedite the review process, the following types of applications and plans for minor alterations may be approved by the Community Development Department when the work is in substantial conformance with the criteria identified herein.

1.

Interior work affecting only the interior of a structure (such as plumbing, insulation, flooring, finishes, etc.).

2.

Minor alterations in keeping with the integrity of the site and do not impact the overall architecture character including:

(i)

Ordinary and routine maintenance not exceeding $10,000.00.

(ii)

Siding similar to the existing materials, finish and form.

(iii)

Replacement of windows with same form, including pane arrangement, materials and finish.

(iv)

Replacement of roofing materials.

(v)

Landscaping including fencing.

(vi)

Installation of garbage or recycling enclosures.

(vii)

Replacement of awnings.

(4)

Design standards. The following shall apply:

a.

Main Street setbacks.

1.

Front yard setback. For infill lots fronting on Main Street, the front yard setback shall be zero. Exceptions are allowed if it is designed as an expansion of the public pedestrian environment and generally aligns with the setbacks of adjacent buildings.

2.

Side yard setback. For lots fronting on Main Street, the side yard setbacks shall be zero. Exceptions are allowed if it is designed as a public pedestrian way and generally aligns with adjacent street design and form.

b.

Facade transparency.

1.

At street level, a minimum of 60 percent of the street facing facades shall be transparent; side and rear facades shall be 30 percent transparent.

2.

Reflective glass, mirrored glass, and heavily tinted glass shall be prohibited.

c.

Prohibited building exterior materials. Building exteriors shall not utilize exposed or painted concrete masonry units.

d.

Lighting.

1.

Lighting fixtures shall be concealed or integrated into the overall design of the site;

2.

Light sources shall be hidden from direct pedestrian and motorist view; and

3.

Unshielded wall pack light fixtures shall be prohibited.

(5)

Design guidelines. The City's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the Downtown Design Review District that have been officially adopted by the City Council.

(Code 1998, § 31-404; Ord. No. 1150, § 5, 9-15-2020; Ord. No. 1175, § 4, 11-9-2021)

The Neighborhood Conservation Overlay District shall be regulated as follows:

(1)

Purpose. The Neighborhood Conservation Overlay District is established to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development and partial demolition within the district. Its purpose is to conserve traditional neighborhood character, guide future infill and partial demolition development within the district, and discourage unnecessary demolition of structures that contribute to the district's historic character. It also preserves neighborhood pride, property values, a diverse and affordable range of homes, and the general economic vitality of the neighborhood.

(2)

District boundaries. This section shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Neighborhood Conservation Overlay District.

(3)

Design permit required. A design permit is required for the following uses and development types:

a.

The construction of a new dwelling on a vacant lot.

b.

The demolition of a pre-1946 building or structure that is of potential historic significance and demolition is:

1.

Greater than 20 percent of all external walls of a building or structure, measured based upon their total surface area, when such walls are visible from a street, public way or the St. Croix River except when removal is for the construction of a front porch; or

2.

Greater than 30 percent of total exterior is demolished regardless of the visibility of such walls from a street, public way or the St. Croix River.

(4)

Design guidelines. The City's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the Neighborhood Conservation Overlay District that have been officially adopted by the City Council.

(Code 1998, § 31-405; Ord. No. 1150, § 6, 9-15-2020)