Two Harbors City Zoning Code

ARTICLE SIX

DISTRICT-SPECIFIC STANDARDS

SEC. 11.60. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT DEVELOPMENT STANDARDS.

Subd. 1. Scope. PUDs may be used as an overlay zoning district over any base zoning district or combination of districts. The PUD process provides an alternative to traditional development under other zoning and subdivision standards of the City. This Section shall not be applied to single-family residential lots incapable of further subdivision due to lot size, or as a means to avoid other procedures more appropriately reviewed as variance applications.

Subd. 2. Coordination with Subdivision Regulations. If a PUD involves the subdivision of land, then the subdivision review shall be carried out under Chapter 12 of the City Code simultaneously with review of the PUD. The plans required under this Section shall be submitted in a form that also incorporates the requirements of Chapter 12 of the City Code for the preliminary and final plat.

Subd. 3. Coordination with Provisions of the S-O, Shoreland Overlay District. When reviewing proposals for PUDs in the S-O Overlay District, staff shall consider whether the PUD proposal meets the standards and criteria in Section 11.61, Shoreland Overlay District. If there is a case where the standards and criteria in Section 11.61 are not consistent with those in this Section, the standards contained in this Section shall apply.

Subd. 4. Minimum Lot Area. Planned unit developments shall have no minimum area requirement, except that PUDs shall not be applied to single-family residential lots incapable of further subdivision due to lot size, or as a means to avoid other procedures more appropriately reviewed as variance applications.

Subd. 5. Allowed Uses. The PUD order may only authorize uses permitted in the zoning district where the land is located or permitted with a conditional use permit in the zoning district where the land is located, except neighborhood scale commercial and services that accommodate the daily convenience needs of surrounding residential areas may be incorporated into a residential PUD. If a conditional use is within an approved PUD, no conditional use permit is required to be obtained.

Subd. 6. Height.

A. Buildings in PUDs shall not exceed thirty-five (35) feet in height, unless the Planning Commission determines that a taller structure will not create an adverse impact, and measures have been taken to reduce visibility of the structure as viewed from Lake Superior, Trunk Highway 61, and other roads and adjacent shorelands. Under no circumstances may a structure permitted as part of a PUD exceed fifty (50) feet in height. In waterfront areas along and/or on the lakeside of the downtown loop of the North Shore Scenic Drive All-American Road, the City may also require a building to be less than thirty-five (35) feet in order to protect views of the waterfront from the downtown area. This loop consists of Waterfront Drive, South Avenue, 1st Avenue and Park Road. In order to assist in this decision, the City will require the following from the project applicant:

1. A detailed explanation as to the reason for the desired increase in height.

2. A detailed explanation of how the increased height will not create an adverse visual impact.

3. Drawings or other visual renderings that show what the proposed development will look like from Highway 61, Lake Superior, Two Harbors Lighthouse, Depot and other areas as requested by the City Administrator.

Subd. 7. Bonus Density.

A. Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to encourage the development of affordable housing, provide additional public amenities, or preserve valuable natural or cultural resources and features. The satisfaction of any of the bonus density criteria specified in Subsection D. of this Subdivision is considered to be in the public interest and worthy of a bonus density.

B. Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review and approval by the City as part of the preliminary PUD plan process. Such bonus densities may be granted to deserving applications if the PUD plan submitted is judged by the City to have achieved one (1) or more of the bonus density criteria.

C. Maximum Bonus Density. The maximum bonus density allowed is limited to an additional thirty percent (30%) over the density allowed in the underlying zone district. In addition to criteria provided in this Subdivision, the density shall be compatible with the site’s natural constraints and the character and density of the surrounding area. Compatibility for bonus density shall also be determined by proximity of the site to arterial roads, transit service, employment and shopping areas, and planned amenities.

D. Basis for Approval of Bonus Density. Upon submittal of the PUD application, the Zoning Administrator shall review the proposed project and submit a report to the Planning Commission, containing recommendations and proposed findings of fact and conclusions with respect to the allocation of bonus densities for the project. The allocation of bonus densities should be based upon a comprehensive review of the entire project. It is the intention of this Section to allow bonus densities where a PUD applicant proposes design attributes providing public benefits in addition to those required by local, state or federal land use or environmental regulations. Bonus densities will not be allowed for site design proposals that merely reflect mandatory requirements of local, state and federal codes or regulations. Consideration of the following criteria should be given:

1. Preservation of Open Space and Natural, Historical and Cultural Features (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include the preservation and minimum disturbance of natural features and wildlife habitat; preservation of unique historical or cultural features; preservation of open space; dedication to the City of land within the City’s park or open space areas and corridor as designated in the comprehensive plan; and preservation of air, sunlight and scenic resources.

2. Public Service and Facility Availability (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include the provision of public schools; public park or other public facilities and/or sites; bicycle and pedestrian pathway systems; and special site design for special needs residents to situate or cluster uses within a reasonable distance of fire and police protection, medical, shopping, church and other such amenities.

3. Energy Efficiency (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include preservation of solar access; south orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks and shading; common wall construction; transportation management strategies; the use of solar energy systems, either passive or active, for heating and/or cooling; energy-conserving design of roadways and other structures; and higher insulation levels.

4. Public Recreation Facilities (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include provision for public recreational features such as tennis courts, active play areas, swimming pools, passive open space areas, bicycle and pedestrian pathway systems.

5. Environmental Design (Exceeding Mandatory Code Requirements). Items for consideration in this Subparagraph may include onsite designs providing regional benefits, including drainage control using natural drainage and landscaped, drainage-retention facilities; significant public access provided to designated potential open space or park areas, shoreline areas, trails, scenic sites and viewpoints; provision for substantial and exceptional landscape treatment; and the use of recycled materials and resource-conserving designs.

6. Affordable Housing (Exceeding Mandatory Code Requirements). Items for consideration include the provision of a mix of housing types, utilization of townhouses, condominiums and apartments directed to providing a reasonable mix or diversity of bona fide, affordable-housing opportunities for a diverse segment of the community. Bonus densities will also be allowed for projects providing low-income housing in market-rate developments. In such developments and other developments seeking bonus densities for the provision of low-income housing opportunities, the amount of bonus will be linked to the level of affordability, i.e., the lower the cost or rental rate per unit, the greater the bonus afforded to the development. Density bonuses for low-income housing projects will be granted only where all the following conditions are satisfied:

(a) The developer must agree to sell or rent the units to qualifying residents (i.e., only low-income and very-low-income households);

(b) The developer must ensure the continued affordability of the units by qualified residents for a minimum of forty (40) years through the use of restrictive covenants or other deed restrictions approved by the City; and

(c) The units must be of an innovative design and compatible with existing neighborhood character, with adequate assurances that such design and compatibility will be maintained throughout the forty (40)-year period.

7. Other Criteria. Other suitable items believed by the City to be worthy of consideration may also be included as a bonus density criterion.

Subd. 8. Transient Unit. The following definition applies to all projects proposed in the planned unit development overlay district. A “Transient Unit” is a unit in a bed-and-breakfast inn, inn, hotel, motel, motor hotel, hotel-motel complex, condominium, timeshare complex, or so-called, interval-ownership complex, designed for and offering one (1) or more lodging units to travelers and transient guests for temporary lodging and sleeping purposes.

Subd. 9. Open Space Requirements. Open space preservation shall be equal to the underlying base zoning district.

A. At least forty percent (40%) of the structure setback must be preserved as open space when the setback is being measured from Lake Superior.

B. Road rights-of-way, land covered by road surfaces, parking areas, and all structures are considered developed areas and shall not be included in the computation of minimum open space.

C. Open space may include improved outdoor recreational facilities for use by owners, guests of the dwelling units, occupants of transient units, or the public.

Subd. 10. Hydrology (Wetland, Stormwater, and Associated Management Standards). Lake County administers regulations affecting hydrology on behalf of the City. When applicable, PUDs will be reviewed according to Article 8 (Hydrology) in the Lake County Land Use Ordinance. A decision on applicability of the Lake County Land Use Ordinance will be made at the application conference.

Subd. 11. Procedure for Processing a Planned Unit Development. As described below, there are four (4) stages to the PUD process: application conference, concept plan, preliminary pud plan, and final plan.

A. Application Conference. Before filing an application for a PUD, the developer of the proposed PUD shall arrange for and attend a conference with the City Administrator, City Planner, Building Official and relevant local and state agencies that may have permitting responsibilities as part of the application. The primary purpose of the conference shall be to provide the developer with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which the PUD is proposed, and its conformity to the provisions of Chapter 11 of the City Code, before incurring substantial expense in the preparation of plans, surveys and other data.

B. Concept Plan.

1. Purpose. The concept plan provides an opportunity for the developer to submit a plan to the City, showing the basic intent and the general nature of the entire development, without incurring substantial costs for architectural, planning, engineering, legal or other services. The plan shall include the following:

(a) Overall maximum PUD density.

(b) Specific location of major streets and pedestrian ways.

(d) Staging and time schedule of development.

(e) Other special criteria for development.

(f) Specific location of residential and nonresidential land uses with approximate type and intensities of development.

(g) A narrative statement, substantiating how the proposed development will be superior or more innovative than conventional development undertaken through the City’s land use regulations. The statement shall also substantiate how the proposed PUD will provide a benefit to the public beyond what is available through conventional development.

2. Public Process. The concept plan may be considered at a public hearing before the Planning Commission at the discretion of the Planning Commission. The Planning Commission shall make a recommendation to the City Council with respect to the concept plan. The City Council may also, at the discretion of the City Council, hold a public hearing to consider the concept plan.

3. Approval/Disapproval. The City Council shall approve or disapprove the concept plan at a regular meeting of the City Council. An approval of a concept plan by the City Council is not a final approval of the proposed PUD, but merely an authorization for the developer to apply for a preliminary PUD plan and preliminary plat, if applicable. A disapproval of a concept plan by the City Council is without prejudice to the developer submitting another concept plan for the City for its consideration.

4. Preliminary Plan. Following approval of the concept plan, the developer shall, if developer desires to proceed further with the PUD, submit a preliminary PUD plan and preliminary plat, if applicable, an application for the approval of them, and all supporting data and documentation (all the foregoing is collectively the application). The application must be submitted within one (1) year of the approval of the concept plan. The application shall proceed and be acted upon in accordance with the requirements of Subsection E. of this Subdivision.

C. Preliminary PUD Plan Applications. Ten (10) copies of the following exhibits, analysis and plans shall constitute the application and must be submitted to the City:

1. If applicable, preliminary plat and information required by the City's Subdivision Ordinance.

2. General Information.

(a) The landowner’s name and address and interest in the property and proposed project.

(b) The applicant’s name and address if different from the landowner.

(c) The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including the attorney, land planner, engineer, architect and surveyor.

(d) Evidence that the applicant has sufficient control over the property to effectuate the proposed PUD plan, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the property, and including an up-to-date certified abstract of the title or registered property report, and such other evidence as the City Attorney may require to show the status of the title or control of the subject property.

(e) The name of the proposed development (which shall not be duplicated or similar in pronunciation to the name of any plat or PUD order previously recorded in Lake County).

3. Present Status.

(a) The address and legal description of the property.

(b) The existing zoning classification and present use of the property and all lands within three hundred fifty (350) feet of the property.

(c) A map, depicting the existing development of the property, its total acreage, all land within three hundred fifty (350) feet thereof, and indicating the location of existing streets, property lines, easements, water mains, storm and sanitary sewers, with invert elevations on and within one hundred (100) feet of the property.

(d) A written statement generally describing the proposed development that will constitute the PUD ("project description") and the market it is intended to serve, its demand, its relationship to the City’s comprehensive plan, and how the proposed PUD plan is to be designed, arranged and operated in order to permit the development in accordance with the applicable regulations of the City and in a manner compatible with the use of neighboring properties.

(e) Site Conditions. Graphic reproductions of the existing site conditions at a maximum scale of 1 inch = 100 feet.

(1) Contours; minimum two (2)-foot intervals.

(2) Location, type and extent of tree cover.

(3) Slope analysis.

(4) Soil conditions as they affect development.

(5) Significant rock outcroppings.

(6) Existing drainage patterns.

(7) Vistas and significant views.

(8) Location and extent of water bodies, wetlands and streams and floodplains on or within three hundred (300) feet of the property.

(9) Other information as requested by the City Zoning Administrator.

(10) All of the graphics should be the same scale as the preliminary plat, if applicable, and PUD plan to allow easy cross-reference. The use of overlays is recommended for clear reference.

(f) A schematic drawing of the proposed development concept, including but not limited to, the general location of major traffic (vehicle and pedestrian) circulation elements, public and common open space, residential and other land uses, and a vegetation management plan where appropriate.

(g) A statement of the estimated total number of dwelling units proposed for the PUD plan, and a tabulation of the proposed approximate allocations of land use, expressed in acres and as a percent of the total project area, which shall include at least the following:

(1) Area devoted to residential units.

(2) Area devoted to residential units by building type.

(3) Area devoted to transient units.

(4) Area devoted to transient units by building type.

(5) Area devoted to common open space.

(6) Area devoted to public open space.

(7) Approximate area devoted to streets.

(8) Approximate area and floor area devoted to industrial or office use.

(9) Approximate area and floor area devoted to commercial uses.

(10) Approximate area devoted to, and number of, off-street parking and loading spaces and related access.

(11) Area devoted to outdoor recreational areas for use by owners, guests of dwelling units, occupants of transient units, or the public.

(h) When the PUD plan is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted, stating the approximate beginning and completion date for each such stage or unit, and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage, and an overall chronology of development to be followed from stage to stage.

(i) When the proposed PUD plan includes provisions for public or common open space or service facilities, a statement describing the provisions that are to be made for the care and maintenance of such open space or service facilities.

(j) Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD plan.

(k) Schematic utility plans indicating allocation of water, sanitary and storm sewers.

(l) The City may excuse an applicant from or delay the time for submitting any specific item of information or document required in this stage that it finds to be unnecessary to the consideration of the specific proposal at that time.

(m) The City may require the submission of any additional information or documentation that it may find necessary or appropriate to full consideration of the proposed PUD plan.

4. Preliminary PUD Plan and Plat Consideration.

(a) Within thirty (30) days after verification by the City Zoning Administrator that the preliminary PUD plan, preliminary plat, if applicable, and supporting data are adequate, the Planning Commission shall hold a public hearing on the preliminary PUD plan and preliminary plat, if applicable.

(b) The Planning Commission shall conduct the public hearing and report its findings and make recommendations to the City Council, including its specific findings and recommendations regarding any recommended bonus densities. Notice of the hearing shall consist of a legal property description, description of preliminary PUD plan, preliminary plat, if applicable, and project description, and shall be published in the official newspaper at least ten (10) days prior to the hearing. At least ten (10) days prior thereto, written notification of the hearing shall also be mailed to owners of land within three hundred fifty (350) feet of the boundaries of the property proposed for development.

(c) The City may request additional information from the developer concerning any matters it deems appropriate or retain expert testimony at the expense of the developer concerning such other matters.

(d) The City Council may hold a public hearing after the receipt of the report and recommendations from the Planning Commission. If the Planning Commission fails to make a report within sixty (60) days after receipt of the application, then the City Council may proceed without the report. The City Council may approve the preliminary PUD plan and preliminary plat, if applicable, and attach such conditions as it deems reasonable, or deny the preliminary PUD plan and preliminary plat, if applicable.

D. Final PUD Plan, Final Plat. Following preliminary PUD plan and preliminary plat approval, if applicable, the applicant shall submit the final PUD plan and final plat, if applicable. Following preliminary PUD plan and preliminary plat approval, if applicable, the applicant shall submit the final PUD plan and final plat within one (1) calendar year. No PUD approval shall be valid for a period longer than one (1) calendar year unless a building permit is issued. However, upon written request of the applicant, the three hundred sixty-five (365)-day period may be extended by the City Council for such time as it shall be determined and for good cause shown, without further hearing. If appropriate because of the limited scale of the proposal, the preliminary plan/plat stage and final plan/plat stages may proceed simultaneously.

1. Within thirty (30) days after verification by the City Zoning Administrator that the final PUD plan, final plat, if applicable, and supporting data are adequate, the Planning Commission shall hold a public hearing on the final PUD plan and final plat, if applicable.

2. The Planning Commission shall conduct the public hearing and report its findings and make recommendations to the City Council, including its specific findings and recommendations regarding any recommended bonus densities. Notice of the hearing shall consist of a legal property description, description of final PUD plan, final plat, if applicable, and project description, and shall be published in the official newspaper at least ten (10) days prior to the hearing. At least ten (10) days prior thereto, written notification of the hearing shall also be mailed to owners of land within three hundred fifty (350) feet of the boundaries of the property proposed for development.

3. The City may request additional information from the developer concerning any matters it deems appropriate or retain expert testimony at the expense of the developer concerning such other matters.

4. The City Council may hold a public hearing after the receipt of the report and recommendations from the Planning Commission. If the Planning Commission fails to make a report within sixty (60) days after receipt of the application, then the City Council may proceed without the report. The City Council may approve the final PUD plan and final plat, if applicable, and attach such conditions as it deems reasonable, or deny the final PUD plan and final plat, if applicable.

5. Final PUD Plan. The final PUD plan and final plat, if applicable, are the approved preliminary PUD plan and approved preliminary plat, if applicable, along with the satisfaction of any conditions imposed on the preliminary PUD plan approval and preliminary plat approval, if applicable. The final PUD plan shall include, but not be limited to:

(a) A final plat, if applicable, and information required by the City's Subdivision Ordinance (Chapter 12 of the City Code).

(b) Ten (10) sets of the final PUD plan, drawn to a scale of a maximum of 1 inch = 100 feet (or such scale requested by the City Zoning Administrator), containing at least the following information:

(1) The name of the development.

(2) Property boundary lines and dimensions of the property, and any significant topographical or physical features of the property, including any wetlands on the property.

(3) The location, size, use and arrangement, including height in stories and feet, and total square feet of ground area coverage and floor area of proposed buildings, including manufactured homes and existing buildings that will remain, if any.

(4) Location and dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other traffic circulation (pedestrian, bicycle and vehicle) elements; and the total site coverage of all such traffic circulation elements.

(5) Location, designation and total area of all common open space.

(6) Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

(7) Proposed lots and blocks, if any, and numbering system.

(8) Location use and size of structures and other land uses on adjacent properties.

(9) Detailed sketches and provisions of proposed landscaping.

(10) Detailed grading and drainage plans for the developed PUD.

(11) Any other information that may have been required by the Planning Commission or Council in conjunction with approval of the preliminary PUD plan.

(d) A tabulation indicating the number of residential dwelling units and/or transient units and expected population.

(e) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drug store, dry cleaning, supermarket).

(f) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes.

(g) A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, block, public and common open space, general landscaping plan, structures, including manufactured homes, and uses.

(h) Detailed grading and site alteration plan, illustrating changes to existing topography and natural site vegetation. This plan should clearly reflect the site treatment and its conformance with the approved concept plan and approved preliminary PUD plan.

(i) A soil erosion control plan, acceptable to any agency with review authority, clearly illustrating erosion control measures to be used during construction and as permanent measures.

E. Amendments.

1. Minor changes in the location, placement and heights of the buildings or structures may be authorized by the Zoning Administrator, if required by engineering or other circumstances not foreseen at the time the final plan was approved.

2. Major changes, such as rearrangement of lots, blocks and building tracts, require a public hearing and renegotiated development agreement. All changes shall be consistent with the purpose and intent of the original approved final development plan and the comprehensive plan. All amendments to the development agreement shall require the same procedures as for the application for a conditional use permit as set forth in the ordinances. Major changes include:

(a) An additional use, a more intensive use, or an increase in the parking requirement.

(b) Changes in design, bulk, mass or orientation.

(c) A reduction in the effectiveness of approved transitional screening, buffering or landscaping, and any reduction in common open space or areas subject to preservation. Substantial changes in the location or type of pedestrian or vehicular access or circulation.

(d) Changes in the phasing schedule that change the timing, amount or completion of common open space, public facilities, or other improvements.

F. Control and Map Designation.

1. The final development plan of the PUD shall control the development of the PUD, rather than any other provisions of this Zoning Ordinance. The plan shall be numbered and kept on file with the City.

2. Upon approval of the final PUD, the PUD boundaries shall be noted on the official zoning map as it is amended from time to time. The map shall include a numbered reference to the final PUD on file with the City.

Source: Ordinance No. 123

Effective Date: 07-16-2021

SEC. 11.61. SHORELAND OVERLAY DISTRICT.

Subd. 1. Purpose and Authority.

A. This Shoreland Overlay District is adopted pursuant to, and complies with Minnesota Statutes, Chapter 105, and Minnesota Regulations, Part 6120, Subpart 1(a).

B. The provisions of this overlay district are in addition to the requirements of this Chapter as they apply to the land use district underlying this overlay district. Where provisions of this district are more restrictive, they shall apply; where provisions of an underlying district are more restrictive, they shall apply.

C. The provisions of this district shall apply to all lands within the City as shown on the official zoning map, and as further defined as the North Shore Management Planning Area, Minnesota Regulations, Part 6120, Subpart 1(a).

D. The policy fundamentals of Minnesota Regulations, Part 1620, Subpart 1(a) (The North Shore Management Plan), are hereby adopted by reference.

E. Permitted and conditional uses in the "S-O" District shall be consistent with the underlying zoning district and the shoreland management areas and policies of Minnesota Regulations, Part 6120, Subpart 1(a).

Subd. 2. Intensity of Use and Height Regulations.

A. The minimum lot size shall be ten thousand (10,000) square feet.

B. The structure setback from the ordinary high water mark of rivers and streams shall be seventy-five (75) feet, and forty (40) feet from the vegetation line on Lake Superior, except lesser setbacks may be allowed in all districts, except the Parks and Recreation District, after certification from a licensed engineer that the building site is stable, not subject to slumping, shore-line erosion or wave run-up, and public access to the shoreline is provided wherever possible.

C. The structure setback in areas identified as erosion hazard areas on the official zoning map shall be one hundred twenty-five (125) feet from the top edge of the eroding bluff, or a distance equal to the annual erosion rate times fifty (50) plus twenty-five (25) feet from the top edge of the eroding bluff. The structure setback may be modified by variance if the landowner provides technical data proving a different erosion rate, or that the erosion hazard, although correctly estimated, can be mitigated by structural protection.

D. Lot Width. The minimum lot width shall be seventy-five (75) feet at the vegetation line for lots abutting Lake Superior and seventy-five (75) feet wide at the structure setback line.

E. Building Height. The maximum building height is thirty-five (35) feet in all districts, except I-1, I-2 Industrial Districts in which districts the maximum building height is seventy (70) feet.

F. Floor Elevation Above Water Level. The lowest floor elevation for new structures shall be three (3) feet above the highest known water level, or one (1) foot above the one hundred (100)-year-storm, wave run-up elevation on Lake Superior, as determined by a licensed engineer.

G. Lot Coverage by Impervious Surfaces. Lot coverage by impervious surfaces shall not exceed twenty-five percent (25%), unless a surface water runoff plan certified by a registered professional engineer is submitted and approved by the Zoning Administrator. The surface water runoff plan shall contain, at a minimum, provisions for sediment entrapment and erosion control in order to minimize impacts on the receiving waters.

Subd. 3. Shoreland Alterations.

A. Vegetation Management.

1. A vegetation management plan will be required for total vegetation removal of over ten thousand (10,000) square feet or twenty-five percent (25%) of the lot area, whichever is greater.

2. Removal of woody vegetation shall be restricted on bluffs, steep slopes and within the structure setback area to maintain stable soil conditions.

3. Removal of woody vegetation shall be limited. Screen vegetation shall be required to screen structures, clear cuts, parked vehicles or other facilities from public roads and Lake Superior. Selective removal of woody vegetation shall be allowed to provide a reasonable view of the lake from individual residences.

4. Clear cutting shall not be permitted unless part of an approved site development plan, with the exception of an authorized public service such as public roads and utilities.

5. Removal of woody vegetation shall be restricted as much as possible along DNR-designated trout streams to provide for shade coverage, and to help keep stream temperatures at proper levels.

6. Cutting, pruning and trimming of trees shall be based on sound forest management practices for each individual tree species.

7. Private driveways shall blend into the existing terrain as much as possible and public utility lines to private landowners shall be buried if at all possible.

B. Wetlands.

1. Alterations to wetlands shall not be permitted unless part of an approved site development plan. Any alterations shall be first permitted by the DNR and the U.S. Army Corps of Engineers as required.

2. Alterations to wetlands, if permitted, shall require suitable mitigation.

3. Wetland shall be identified on site development plans.

C. Grading and Filling, Erosion Control.

1. An erosion and sediment control plan shall be required for excavations exceeding one thousand (1,000) square feet or one hundred (100) cubic yards, or fill exceeding one thousand (1,000) cubic yards within the structure setback area. Shoreland alterations done in connection with work authorized by a building or sewage disposal permit shall be exempt from the erosion control plan requirement.

2. Erosion and sediment control plans shall be reviewed by the Lake County Soil and Water Conservation District and approved by the Zoning Administrator prior to the start of the land alteration work.

3. Alterations must be designed and conducted in a manner that insures only the smallest amount of bare ground is exposed for the shortest time possible.

4. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage and a permanent vegetative cover must be established as soon as possible.

5. Methods to minimize soil erosion and to trap sediment before they reach any surface water feature must be used. Such methods shall be in place before development occurs.

6. Altered areas must be stabilized to acceptable erosion control standards consistent with the Field Office Technical Guides of the Lake County Soil and Water Conservation District and the U.S. Soil Conservation Service.

7. Fill or excavated material must be stabilized to prevent erosion and slope failure.

8. Fill or excavated material must not be placed on steep slopes, except as designated by qualified professionals.

9. Approved permanent erosion control practices should be maintained.

10. Alterations below the ordinary high water level of lakes and streams shall follow accepted practices. Any alterations shall be first permitted by the DNR and the U.S. Army Corps of Engineers, as required.

Subd. 4. Erosion Hazard Areas.

A. Site development plans shall be required and approved by the Zoning Administrator for all new construction in erosion hazard areas as shown on the official control map for the City.

B. The burden of proof concerning the suitability of land in designated erosion hazard areas is the responsibility of the project proponent.

C. The site development plan shall include a description of:

1. Surface runoff, including roof drains.

2. Subsurface runoff.

3. Vegetation removal, including proposed landscaping.

4. Proposed sewage treatment systems.

5. Topography of site.

6. Structure and driveway location.

7. Potential bluff toe protection.

8. Slope alterations.

9. Other pertinent information as requested.

D. The site development plan shall include setback and shoreline erosion control recommendations and shall be consistent with the shoreland alteration provisions of this Chapter.

Subd. 5. Planned Unit Development Standards and Criteria.

A. Goal. It is the goal of these standards and criteria to provide uniform standards for the optimization of development opportunities and maximum environmental protection on any given planned unit development site.

B. Approval Process. A PUD in the Shoreland Overlay shall be subject to the requirements of Section 11.60, Planned Unit Development Standards, and the additional criteria in Subdivision C., below.

C. Design Criteria.

1. Structures, parking areas and other facilities must be designed and placed to reduce visibility as viewed from Lake Superior, roads and adjacent shorelands by vegetation, topography, increased setbacks, color or other means acceptable to the City, assuming summer, leaf-on conditions.

2. Units, recreation facilities, and commercial uses must be clustered into one (1) or more groups and located on suitable areas of the development site.

3. Areas with physical characteristics unsuitable for development in their natural state, such as wetlands or areas containing significant historic sites, shall be preserved as open space.

4. The development must also provide access to developed public roads.

5. The development will be serviced by the City’s municipal sewage and water supply systems.

Source: Ordinance No. 123

Effective Date: 07-16-2021

SEC. 11.62. MIXED-USE WATERFRONT DEVELOPMENT STANDARDS.

Subd. 1. Development Regulations.

A. Uses Within Enclosed Buildings. All businesses, services or processing shall be conducted within an enclosed building, except for outdoor dining areas and temporary events.

B. Transient Unit. A “Transient Unit” is a unit in a bed-and-breakfast inn, inn, hotel, motel, motor hotel, hotel-motel complex, condominium, timeshare complex or so-called, interval-ownership complex, designed for and offering one (1) or more lodging units to travelers and transient guests for temporary lodging and sleeping purposes.

C. View and Access Corridors. Preservation of view corridors that allow visual and actual access to the lake and harbors solidify the perception of the waterfront character. Designated view and access corridors are of particular importance. New building construction and landscaping should be designed to not block or compromise these corridors. In addition to views and access, open space along the water’s edge will be required to allow views and access to the water and water-related activities.

D. General Site Development Framework. Developments throughout the Mixed-Use Waterfront District (MUW) shall contribute to capturing the authentic spirit of the maritime history of the City. By considering the impact of new development, this spirit can be promoted. Along with views of and access to the water and water-related activities, use of water- and boating-related artifacts, architectural features and historical interpretive devices in construction are encouraged to carry out the waterfront theme. Use of traditional regional architectural styles and related artifacts will help ensure cohesiveness and harmony with the overall character of the district. The following is a framework around which site plans should be designed in the MUW District.

1. The development must provide linkages between the Lake Superior waterfront and adjacent neighborhoods.

2. The development must provide distinctive entries and gateways within the Waterfront District.

3. The development must maintain pedestrian scale to buildings, when appropriate.

4. The development must maintain pedestrian linkages using walkways, plazas and boardwalks.

5. The development must create public places as destinations along pedestrian linkages.

6. The development must carefully place signs, sign supports and sign structures to integrate with the scale, color and detail of the building design, while complying with the sign provisions of the Zoning Ordinance.

7. The development must locate buildings within the Mixed-Use Waterfront District (MUW) to take advantage of views of Lake Superior, while not impairing scenic views from the North Shore Scenic Drive, downtown, and adjacent residential neighborhoods.

E. Access. Pedestrian access to the water’s edge is important to allow a direct, tangible experience of the waterfront, as well as to ensure visual access. Thus, promenades, walkways and shared pathways along the shorelines to provide comfortable access are encouraged in all waterfront properties and developments.

F. Scale, Texture. In addition to encouraging the retention of historic buildings, new developments shall emulate the scale and texture of historic structures within the City. Matching the existing pattern of building heights in the area will also emphasize the traditional, human scale of the district. To strengthen and enhance the historic feel of this area, new construction should repeat and harmonize with the scale, height, proportion and texture of the historic buildings in proximity to the development.

G. Architectural Compatibility. Due to the mixed-use nature of the development, architectural compatibility is necessary in order to visually integrate development and allow for proximity of various uses. Acceptable exterior building materials within the MUW District should include brick, wood, stone and ornamental iron. The uses of such materials, along with traditional building techniques, are intended to promote and enhance the waterfront character of the district, while providing a harmonious cohesiveness between old and new structures. Where additions to historic buildings are proposed, materials should match as closely as possible, as should the patterns created, and mortar, in the case of brick buildings. In general, brick and stone buildings should not be painted.

1. Residential buildings shall be constructed of brick or wood siding, replicating the architectural styles of Two Harbors historic neighborhoods.

2. Commercial and public buildings visible from public streets shall be constructed of brick, or material similar in appearance or texture to existing commercial and public buildings in proximity to the development.

3. Screening walls shall be made of materials that match the principal structure.

Subd. 2. Submission of Plans Required. No erosion shall commence and no one shall change any use or erect or enlarge any structure in the MUW District, without first obtaining all required approvals. No use shall be carried on and no construction shall be undertaken except as provided in the permits approved for such use or construction.

Subd. 3. Commercial-Urban Area. The MUW District is hereby determined and declared to be a Commercial-Urban Area (CU) for purposes of the North Shore Management Plan.