1. Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 - 6120.3900, as may be amended from time to time, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 as may be amended from time to time.
2. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Victoria.
   

1. Jurisdiction. The provisions of this ordinance apply to the shorelands of the public water bodies as classified in Sec. 22-4-A of this ordinance for which the City has planning and zoning authority. Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance.
2. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
3. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance its most reasonable application. For the purpose of this ordinance, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.
   

Accessory dwelling unit (ADU). Means a residential dwelling unit located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building.

Accessory structure. Means any building or improvement subordinate to a principal use.

Animal feedlot. Means a facility as defined by Minnesota Rules, part 7020.0300.

Bluff. Means a topographic feature such as a hill, cliff, or embankment having the following characteristics:

a. Part or all of the feature is located in a shoreland area;

b. The slope must drain toward the waterbody.

c. The slope rises at least 25 feet above the ordinary high water level;

d. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater (see Figure 1), except that an area with an average slope of less than 18 percent over a distance of at least 50 feet shall not be considered part of the bluff (see Figure 2).

Figure 1. Illustration of Bluff

Figure 2. Exception to Bluff

Bluff impact zone. Means a bluff and land located within 20 feet of the top of a bluff.

Bluff, Toe of. Means the lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary high water level, whichever is higher

Bluff, Top of. Means for the purposes of measuring setbacks, bluff impact zone, and administering vegetation management standards, the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Boathouse. Means a facility as defined by Minnesota Statutes, Section 103G.245.

Buffer. Means a vegetative feature as defined by Minnesota Statutes, Section 103F.48.

Building height or Height of building. Means for purposes within a Shoreland district, Building height or Height of building shall mean the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof (see Figure 3).

Figure 3. Height of Building

Building line, shoreland. Means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend.

Clear cutting or Intensive vegetation clearing. Means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Commercial use. Means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

Commissioner. Means the commissioner of the Department of Natural Resources.

Controlled access lot. Means a lot used to access public waters or as a recreation area for owners of non-riparian lots within the same subdivision containing the controlled access lot.

Deck. Means a roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure. A deck shall be considered part of the principal structure if attached to or directly abutting the principal structure, constructed with frost footings and/or greater than 30 inches above grade. A deck is subject to setbacks of the principal structure, as well as the Lowest Floor Elevation requirements in Sec. 22-6-D-3 of this ordinance.

Duplex, triplex, and quad. Means a dwelling structure on a single lot, having two, three, and four units, respectively, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling site. Means a designated location for residential use by one or more persons.

Dwelling or Dwelling Unit. Means for purposes within a Shoreland district, Dwelling or Dwelling unit shall mean a building or part of a building that contains living, sleeping, cooking accommodations, and sanitary facilities for occupancy of one or more families.

Extractive use. Means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51.

Holding Tank. Means a tank for storage of sewage until it can be transported to a point of treatment and dispersal. Holding tanks are considered a septic system tank under Minnesota Statutes, Section 115.55.

Impervious surface or Lot coverage. Means the area of a lot occupied by buildings, accessory structures in excess of 200 square feet, parking areas and all paved, concrete, asphalt and gravel surfaces. Buildings shall be measured at the outer edge of the foundation line. Lot coverage shall not include projections, permeable patios, permeable walkways, fences, retaining walls and open patterned decks, and stairways that are installed over a permeable surface. (See Figure 4) The surface area of any swimming pool permitted prior to November 9, 2020 shall not count toward a lot’s impervious surface maximums.

Figure 4. Impervious Surface/ Lot Coverage

Industrial use. Means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.

Lot. Means land as defined in City of Victoria Zoning Code Section 16-1 Definitions.

Lot, non-riparian. Means a lot that does not directly abut a body of water. A buffer often separates the lot from the water body.

Lot, riparian. Means a lot that directly abuts a body of water.

Lot width. Means for purposes within a Shoreland district, lot width shall mean the minimum distance between:

a. Side lot lines measured at the midpoint of the building line; and

b. Side lot lines at the ordinary high water level, if applicable (see Figure 5).

Figure 5. Lot Width

Metallic minerals and peat. “Metallic minerals and peat” has the meaning given under Minnesota Statutes, Sections 93.44 to 93.51.

Nonconformity. Means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments to those controls that would not have been permitted to become established under the terms of the official controls as now written.

Ordinary high water level (OHWL). Means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Patio or Detached Deck. Means a roofless outdoor space constructed from pavement, pavers, stone, decking or other comparable materials that is separate from and does not project from the wall of a building. A patio or detached deck is considered an accessory structure, and is subject to accessory structure setbacks e, as well as the Lowest Floor Elevation requirements in Sec. 22-6-D-3 of this ordinance. A patio shall not be used as a parking space for vehicles.

Permeable Patio and Walkway. Means any patio or walkway designed to facilitate the infiltration of water into the soil. A permeable patio or walkway must be constructed in a way that allows water to channel or absorb in the underlying soil, or into a special storage layer, and not create runoff. Permeable patios and walkways shall be consistent with specifications found in the Minnesota Stormwater Manual and meet the following conditions:

• All materials shall conform to specifications outlined in the Minnesota Pollution Control Agency's Minnesota Stormwater Manual.
• Within a Shoreland district, portions of any permeable patio or walkway exceeding 2% of the total lot area shall count towards the property's impervious surface maximum

Public waters. Means any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a.

Residential planned unit development, shoreland. Means a type of residential development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized as cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings. To qualify as a RS-Planned unit development, a development must contain at least five dwelling units or sites.

Resort. “Resort” has the meaning in Minnesota Statute, Section 103F.227.

Setback. Means for purposes within a Shoreland district, setback shall mean the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility.

Sewage treatment system. "Sewage treatment system" has the meaning given under Minnesota Rules, part 7080.1100, Subp.82.

Sewer system. Means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Shore impact zone. Means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback (see Figure 6).

Figure 6. Shore Impact Zone.

Shoreland. Means land located within the following distances from public waters identified in Sec. 22-4-A of this ordinance:

a. 1,000 feet from the ordinary high water level of a lake, pond or flowage; and

b. 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater (see Figure 7)

Figure 7. Definition of Shoreland

Shore recreation facilities. Means swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation facilities.

Significant historic site. Means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Steep slopes. Means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs.

Structure. Means anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

Subdivision. Means land that is divided for the purpose of sale, rent, or lease, including planned unit developments.

Suitability analysis. Means an evaluation of land to determine if it is appropriate for the proposed use. The analysis considers factors relevant to the proposed use and may include the following features: susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant historic sites; or any other relevant feature of the natural land.

Variance. Means for purposes within a Shoreland district, variance means permission to depart from this code when it is determined that the criteria of Minnesota Statutes Section 462.357 Subd. 6 (2) are met.

Water-dependent use. Means the use of land for commercial, industrial or public purposes, where access to and use of a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants with transient docking facilities are examples of commercial uses typically found in shoreland areas.

Water-oriented accessory structure. Means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to surface water, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas and patios or detached decks. Boathouses and boat storage structures given the meaning under Minnesota Statutes, Section 103G.245 are not a water-oriented accessory structures

Wetland. “Wetland” has the meaning given under Minnesota Rule, part 8420.0111.

A. Purpose. The purpose of this Section is to identify administrative provisions to ensure the ordinance is administered consistent with its purpose.

B. Permits.

1. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Sec. 22-8-C of this ordinance.

2. A certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required whenever a permit or variance of any type is required for any improvement on or use of the property. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water.

C. Application materials. Application for permits and other zoning applications such as variances shall be made to the appropriate building, planning or zoning official within the City on the forms provided. The application shall include the information necessary to evaluate how the application complies with the provisions of this ordinance and the suitability for the intended use.

D. Certificate of Zoning Compliance. The designated building, planning or zoning official shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Sec. 22-3-B of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance.

E. Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357 (for municipalities) and are subject to the following:

1. A variance may not circumvent the general purposes and intent of this ordinance; and

2. For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water level.

F. Conditional Uses. All conditional uses in the shoreland area are subject to the requirements of Victoria Zoning Code Section 31 – Conditional Uses, as well as a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:

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

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

3. There is adequate water supply and on-site sewage treatment; and

4. 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 watercrafts.

G. Mitigation.

1. In evaluating all variances, conditional uses, zoning and building permit applications, City staff shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this ordinance, to protect adjacent properties, and the public interest:

a. Advanced storm water runoff management treatment;

b. Reducing impervious surfaces;

c. Increasing setbacks from the ordinary high water level;

d. Restoration of wetlands in coordination with the local Watershed District or Watershed Management Organization;

e. Limiting vegetation removal and/or riparian vegetation restoration;

f. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and

g. Other conditions the city deems necessary.

2. In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions 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 shall be attached to permits.

H. Nonconformities.

1. All legally established nonconformities within a shoreland as of the date of this ordinance may continue, but will be managed according to Minnesota Statute 462.357 Subd. 1e and Victoria Zoning Code Section 19 – Nonconforming Structures and Uses for alterations, additions and expansions; repair after damage; discontinuance of use; and intensification of use.

2. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sec. 22-5 to 22-8 of this ordinance. Any deviation from these requirements must be authorized by a variance, with the following exceptions:

a. Additions or expansions to the outside dimensions of an existing nonconforming principal structure located outside of the Shore Impact Zone may be permitted without a variance provided that they:

(1) do not encroach further into the required OHWL setback

(2) do not increase in height beyond 25 feet or the existing building height, whichever is greater

(3) adhere to applicable front, rear and side yard setback standards of the underlying zoning district

(4) do not exceed allowable impervious surface standards. For purposes of this Section, permeable pavement or paver driveways shall not be considered pervious surface, and no variance shall be granted to allow their use to be exempted from impervious surface calculations

(5) include the installation and maintenance of a natural vegetation riparian buffer if one does not already exist. The buffer shall consist of trees, shrubs and low ground cover of native plants and understory consistent with natural cover shorelines in the area, and shall cover a minimum of 80 percent of the property’s shoreline at a depth of at least 10 feet inward from the OHWL.

b. Prior to approval of a building permit, the property owner shall submit a plan indicating additional stormwater management initiatives that will be undertaken as part of the addition or expansion. These efforts must be approved the city, installed, and maintained. If a buffer already exists in good condition, this may then include installation of a rain garden, catch basin or swale to reduce runoff into the lake or creek; a significant reduction of impervious surface on the property or other approved stormwater mitigation.

3. Lots of record with an existing non-conforming principal structure that will be removed, or nearly removed (down to the existing foundation) may apply for a variance to maintain the existing non-conformity subject to the following conditions:

a. The variance will not alter the essential character of the neighborhood. Considerations include the height, mass and setback of structures on adjacent lots, presence of vegetation, and visibility from the lake.

b. The principal structure shall not encroach further into the required OHWL setback, and no variance shall be granted for a shoreland setback of less than 50 feet from the OHWL.

c. The required combined (total of both side yards) side yard setback shall be increased by one foot for every one foot that the principal structure encroaches into the OHWL setback required by this ordinance (i.e., a principal structure on a general development lake with a 75-foot setback from the OHWL shall have a combined side yard setback of 45 feet, 20 + 25) with no individual setback being less than 15 feet.

d. The maximum structure height shall not exceed 25 feet.

e. Adherence to the Lowest Floor Elevation requirements in Sec. 22-6-D-3 of this ordinance.

f. A natural vegetation riparian buffer will be installed and maintained if one does not already exist. The buffer shall consist of trees, shrubs and low ground cover of native plants and understory consistent with natural cover shorelines in the area, and shall cover a minimum of 80 percent of the property’s shoreline at a depth of at least 10 feet inward from the OHWL.

g. Prior to approval of a variance, the property owner shall submit a plan indicating additional stormwater management initiatives that will be undertaken as part of the addition or expansion. These efforts must be approved the city, installed, and maintained. If a buffer already exists in good condition, this may then include installation of a rain garden, catch basin or swale to reduce runoff into the lake or creek; a significant reduction of impervious surface on the property or other approved stormwater mitigation.

h. Other conditions required by the City.

I. Notifications to the Department of Natural Resources and Other Governing Bodies.

1. All amendments to this shoreland ordinance must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules.

2. All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner’s designated representative at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

3. All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked within ten days of final action. 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 shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

4. Any request to change the shoreland management classification of public waters within the City of Victoria must be sent to the commissioner or the commissioner’s designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part 6120.3000, subp.4.

5. Any request to reduce the boundaries of shorelands of public waters within the City of Victoria must be sent to the commissioner or the commissioner’s designated representative for approval and must include a resolution and supporting data. The boundaries of shorelands may be reduced when the shoreland of water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries.

6. The local Watershed District or Watershed Management Organization shall be notified at time of application or shortly thereafter of any variances, conditional uses, subdivisions or planned unit developments under shoreland management controls to accommodate early coordination and provide an opportunity for feedback.

J. Mandatory EAW. An Environmental Assessment Worksheet (EAW) consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a.

A. Shoreland Classification System.

1. Purpose. To ensure that shoreland development on the public waters of the City of Victoria is regulated consistent with the classifications assigned by the commissioner under

2. The shoreland area for the waterbodies listed in this Section are defined in Sec. 22-2-C of this ordinance and are shown on the map attached to this ordinance.

3. Lakes are classified as follows:

a. General development (GD)

b. Recreational development (RD)

c. Natural environment (NE)

4. Rivers, Streams and Tributaries are classified as follows:

a. Tributaries

B. Land Uses.

1. Purpose. To identify land uses that are compatible with the protection and preservation of shoreline resources in order to conserve the economic and environmental values of shoreland and sustain water quality.

2. Shoreland district land uses listed in this Section are regulated as:

a. Permitted uses (P). These uses are allowed, provided they are allowed within the underlying zoning district and all standards in this ordinance are followed;

b. Conditional uses (C). These uses are allowed through a conditional use permit, or planned unit development process, and must be evaluated according to the criteria in Sec. 22-3-F of this ordinance and Victoria Zoning Code Section 31 – Conditional Uses; and

c. Not permitted uses (N). These uses are prohibited.

3. Within the shoreland district, no building or land use shall be allowed unless it is also allowed in the underlying zoning district

4. Land uses for lake classifications and tributaries are found in the table below:

A. Commercial, Industrial, and Public Use Standards.

1. Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:

a. The use complies with provisions of Sec. 22-7;

b. The use is designed to incorporate topographic and vegetative screening of parking areas and structures;

c. 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; and

d. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that:

(1) Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff; and

(2) Signs placed within the shore impact zone are:

(A) No higher than ten feet above the ground, and no greater than 32 square feet in size; and

(B) If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and

(3) Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination across public waters. This does not preclude use of navigational lights.

2. Commercial, industrial and public uses that are not water-dependent must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

B. Agriculture Use Standards.

1. Buffers.

a. 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.

b. Agricultural uses as described in Victoria Zoning Code Section 23 – AG Agricultural District are permitted for Agricultural zoned properties if steep slopes and shore and bluff impact zones are maintained in perennial vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district or the Natural Resource Conservation Service, and as approved by the local soil and water conservation district.

2. New animal feedlots and expansion to existing feedlots are not allowed within a shoreland district.

A. Purpose. To establish dimensional and performance standards that protect shoreland resources from impacts of development.

B. Lot Area and Width Standards. After the effective date of this ordinance, all new lots must meet the minimum lot area and lot width requirements outlined in this Section, subject to the following standards:

1. Only lands above the ordinary high water level can be used to meet lot area and width standards;

2. Setbacks shall be further governed by the local Watershed District’s or Watershed Management Organization’s floodplain rules;

3. Lot width standards must be met at both the ordinary high water level and at the building line;

4. If the property line roughly parallel to the OHWL of a non-riparian lot is less than 100 feet from the OHWL, that lot shall adhere to riparian lot area and width standards.

5. The lot area dimensions for “Sewer” as noted in the table below can only be used if publicly owned sewer system service is available to the property;

6. Residential subdivisions with dwelling unit densities exceeding those outlined in this Section are allowed only if designed and approved as residential PUDs under Sec. 22-10 of this ordinance;

7. Unsewered parcels shall not be developed for single-family homes in the shoreland zone unless:

a. It is a lot of record at the time this ordinance was adopted and contains at least one acre for recreational development and general development lakes, and two acres for natural environment lakes

b. The minimum water frontage and lot width at the building line is 270 feet for all lake classifications

c. Private sewage treatment systems meet or exceed requirements set forth in chapter 7080 Minnesota Pollution Control Agency Individual Sewage Treatment Systems and other state and city code requirements are met

(1) Reconstruction is required for nonconforming systems whenever an expansion or addition of a bedroom or bathroom is proposed or a variance for the property is required. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.

8. Multi-family homes are prohibited for development in unsewered shoreland areas.

9. For purposes of determining lot area and width standards, Developed Lakes are defined as those lakes within the city limits of Victoria as of the adoption of this ordinance, including Bavaria Lake; Lake Minnetonka; Lake Auburn; Church Lake; Kelzer’s Pond; Lake Minnewashta; Schutz Lake; Lake Stieger; Lake Virginia; Wassermann Lake; Zumbra Lake; Carl Krey Lake; Lake St. Joe; Sunny Lake; Stone Lake; and Lake Tamarack.

10. For purposes of determining lot area and width standards, Undeveloped Lakes are defined as those lakes currently outside of the city limits of Victoria within the city’s future planned growth area including Parley Lake; Piersons Lake; Lunsten Lake; Marsh Lake; and Turbid Lake. Standards of this ordinance shall only apply to those undeveloped lakes upon annexation by the City of Victoria, or upon the City being granted planning and zoning authority for those areas.

11. Developed Lake Minimum Lot Area and Width Standards:

a. General development lake - Sewer

b. Recreational development lake - Sewer

c. Natural environment lake - Sewer

12. Undeveloped Lake Minimum Lot Area and Width Standards:

a. General development lake - Sewer - N/A

b. Recreational development lake - Sewer

c. Natural environment lake - Sewer

13. Tributaries - Sewer. Lot width - 75 feet.

C. Special Residential Lot Provisions.

1. Subdivisions of triplexes, and quads are conditional uses. For Natural Environment Lakes, they must also meet the following standards:

a. Each building must be set back at least 200 feet from the ordinary high water level;

b. Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building;

c. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and

d. No more than 25 percent of a lake’s shoreline can be in triplex, or quad developments.

2. Accessory structures within a shoreland district will be governed by Victoria Zoning Code Section 18-10 – Accessory Structures with additional conditions as provided in this ordinance. No accessory structure or land use shall be allowed except those permitted in the underlying zoning district, with the following exception:

a. One (1) water-oriented accessory structure is allowed in addition to the permitted accessory structures in Victoria Zoning Code Section 18-10 – Accessory Structures. The water-oriented accessory structure must be designed, constructed and maintained in accordance with the design and development standards in Sec. 22-7-C of this ordinance.

3. Privately owned controlled access lots will be considered as a conditional use if created as part of a subdivision and in compliance with the following standards and considerations:

a. The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided within this Section;

b. Pursuant to City of Victoria Municipal Code Chapter 28-27 – Waterways, Structure Regulations, no more than one (1) dock shall be permitted and no more than three (3) unoccupied watercraft shall be moored, docked or stored overnight on a controlled access lot.

c. The lot must be contiguous to the subdivision and jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot; and

d. Covenants or other equally effective legal instruments must be developed that:

(1) Specify which lot owners have authority to use the access lot;

(2) Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking;

(3) Limit the total number of vehicles allowed to be parked and the total number of watercrafts allowed to be continuously moored, docked, or stored over water;

(4) Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and

(5) Require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions.

4. Access Easements. Easements providing private access to boat docking and mooring facilities on public property are prohibited.

5. One accessory dwelling unit (ADU) may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented in Sec. 22-6-B of this ordinance, provided the ADU meets the standards of Victoria Zoning Code Section 18-10 – Accessory Structures as well as the following standards:

a. For lots exceeding the minimum lot dimensions of duplex lots, the ADU must be located within an area equal to the smallest duplex-sized lot that could be created including the principal dwelling unit;

b. An ADU must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and

c. An ADU must be located or designed to reduce its visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer leaf-on conditions.

D. Placement, Height, and Design of Structures.

1. OHWL Setback for Structures and Sewage Treatment Systems. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks and comply with the following OHWL setback provisions. The structure setback standards for sewered properties can only be used if publicly owned sewer system service is available to the property. Developed and undeveloped lakes are defined in Section 22-6 of this ordinance.

a. OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet setbacks from the Ordinary High Water Level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with Sec. 22-7-C of this ordinance, may be set back a minimum distance of ten (10) feet from the OHWL:

b. Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone (see Figure 8);

Figure 8. Structure Setback Averaging

c. Setbacks of decks. 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 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 is no closer than 30 feet from the OHWL, whichever is more restrictive; and

(4) The deck is not roofed or screened (see Figure 9).

Figure 9. Deck Encroachment

d. Additional structure setbacks. Structures must also meet the following setbacks, regardless of the waterbody classification:

e. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

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

3. Lowest Floor Elevation.

a. Determining elevations. Structures must be placed at an elevation consistent with the applicable floodplain regulatory elevations. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed 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 (see Figure 9);

(2) For rivers, streams and tributaries, by placing the lowest floor at least three feet above the highest known flood elevation. If highest known flood elevation is not available, by placing the lowest floor at least three feet above the ordinary high water level (see Figure 10), or by conducting a technical evaluation to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200.

b. Methods for placement.

(1) In addition to the lowest floor, all service utilities must be elevated or water-tight to the elevation determined in part a.

(2) If the structure is floodproofed, then it must be built to resist hydrostatic pressure through elevation methods such as blocks, pilings, filled stem walls, elevated concrete pad, internally flooded enclosed areas, or through other accepted engineering practices consistent with FEMA technical bulletins 1, 2 and 3.

Figure 10. Lowest Floor Elevation

4. 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.

E. Water Supply and Sewage Treatment.

1. Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

2. Sewage treatment. Any premises used for human occupancy must be connected to a publicly-owned sewer system, where available or comply with Minnesota Rules, Chapters 7080 - 7081.

A. Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening as viewed from public waters and comply with the following standards:

1. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts;

2. 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 subpart are met;

3. Private facilities must comply with the grading and filling provisions of Sec. 22-8-C of this ordinance; and

4. For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they 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.

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, lifts, and landings must meet the following design requirements:

1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public recreational uses, and planned unit developments;

2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public-space recreational uses, and planned unit developments;

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, if they are consistent with the dimensional and performance standards of sub items 1 to 5 and the requirements of Minnesota Rules, Chapter 1341.

C. Water-oriented Accessory Structures. Each residential lot may have one water-oriented accessory structure if it complies with the following provisions:

1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include patios or detached decks not exceeding eight feet above grade at any point, or at grade;

2. The structure or facility is not in the Bluff Impact Zone;

3. The setback of the structure or facility from the ordinary high water level must be at least ten feet; 4. The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245;

5. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;

6. The roof of a water-oriented accessory structure may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area;

7. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities;

8. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; and

9. Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Sec. 22-6-D-3 if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

10. Setbacks shall be further governed by the local Watershed District’s or Watershed Management Organization’s floodplain rules

D. Docks. Docks are permitted pursuant to City of Victoria Municipal Code Chapter 28-27, Waterways, Structure Regulations.

1. Docks on Lake Minnetonka are regulated by the Lake Minnetonka Conservation District and are an exception to City dock regulations pursuant to City of Victoria Municipal Code Chapter 28-27.

A. Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, sustain water quality, and protect fish and wildlife habitat.

B. Vegetation Management.

1. Removal or alteration of vegetation must comply with the provisions of this subsection except for:

a. Vegetation alteration necessary for the construction of principal structures and sewage treatment systems under validly issued permits for these facilities

b. The construction of public roads and parking areas if consistent with Sec. 22-7-A of this ordinance

c. Agricultural uses consistent with Sec. 22-5-B of this ordinance

2. Clear Cutting or Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is prohibited.

3. Limited cutting and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes is allowed pursuant to provisions of City of Victoria Municipal Code Chapter 105-III Tree Preservation and Replacement to provide a view to the water from the principal dwelling and to accommodate the placement of stairways and landings, picnic areas, access paths, and permitted water-oriented accessory structures or facilities, provided that:

a. Priority for tree replacement/restoration is within the same zone (shore impact zone or bluff impact zone) as that of the removal/cutting.

b. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced c. Existing shading of water surfaces along tributaries is preserved

d. Cutting debris or slash shall be scattered and not mounded on the ground

e. Perennial ground cover is retained, and a maintenance/monitoring plan is established

f. Livestock watering areas, beaches and watercraft access areas are prohibited in bluff impact zones.

4. Fertilizer and pesticide runoff into surface waters must be minimized through use of vegetation, topography or both.

C. Grading, Filling and Erosion Control.

1. Grading and filling activities must comply with the provisions of this subsection except for the construction of public roads and parking areas if consistent with Sec. 22-7-A of this ordinance.

2. Permit Requirements.

a. Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways, if part of an approved permit, do not require a separate grading and filling permit. However, the standards in Sec. 22-8-C-3 of this ordinance must be incorporated into the permit. An erosion control permit from the local Watershed District or Watershed Management Organization may also be required.

b. For all other work, a grading and filling permit is required for:

(1) the movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; and

(2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

3. Grading, filling and excavation activities must meet the following standards:

a. Grading or filling of any wetland must meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by other local state, or federal agencies such as watershed districts, the DNR or US Army Corps of Engineers. Grading, filling and excavation outside of a wetland may also require a permit from the local Watershed District or Watershed Management Organization

b. Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after construction consistently by, including on parcels planned for future development at the time of rezoning:

(1) Limiting the amount and time of bare ground exposure;

(2) Using temporary ground covers such as mulches or similar materials;

(3) Establishing permanent, deep-rooted and dense vegetation cover as soon as possible;

(4) Using sediment traps, vegetated buffer strips or other appropriate techniques;

(5) Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;

(6) Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater;

(7) Fill or excavated material must not be placed in bluff impact zones;

(8) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G;

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

(10) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if:

(A) the finished slope does not exceed three feet horizontal to one-foot vertical;

(B) the landward extent of the riprap is within ten feet of the ordinary high water level; and

(C) the height of the riprap above the ordinary high water level does not exceed three feet (see Figure 11).

Figure 11. Riprap Guidelines

(D) meets the requirements and obtains a permit from the local Watershed District or Watershed Management Organization

4. Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with.

D. Stormwater Management.

1. General Standards:

a. When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized as soon as possible, and appropriate facilities or methods used to retain sediment on the site.

c. When development density, topography, soils, and vegetation are not sufficient to adequately handle stormwater runoff, constructed facilities such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities.

d. Ownership and ongoing maintenance responsibility of stormwater and infiltration basins will be established and documented prior to installation.

e. Must be consistent with the local Watershed District’s or Watershed Management Organization’s stormwater rules, and the city’s MS4 requirements.

2. Specific Standards:

a. Maximum Impervious Surface Coverage

All other zoning districts: 25%

Central Business District: 80%

b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable.

New constructed stormwater outfalls to public waters must be consistent with Minnesota Rules, part 6115.0231.

A. Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and functional.

B. Land suitability. City staff or their designee will conduct a suitability analysis for each proposed subdivision within the shoreland, including planned unit developments, to determine if the subdivision is suitable in its natural state for the proposed use with minimal alteration and whether any feature of the land is likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

C. Consistency with other controls. Subdivisions shall meet all official controls so that a variance is not needed later to use the lots for their intended purpose.

D Water and Sewer Design Standards.

1. A potable water supply and a sewage treatment system consistent with Minnesota Rules, Chapters 7080 – 7081 must be provided for every lot.

2. Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200 to 7080.223 or site conditions described in part 7081.0270, subparts 3 to 7, as applicable.

3. Lots that would require use of holding tanks are subject to a conditional use permit.

E. Information requirements. Developers shall provide the following information to City staff to determine suitability.

1. Topographic contours at two-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting site characteristics;

2. The surface water features required to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more current sources;

3. Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods;

4. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

5. Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and

6. A line or contour representing the ordinary high water level, the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream.

F. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands.

G. Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapters 462.358 Subd. 3a. and 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after the adoption of this ordinance unless the lot was previously approved as part of a formal subdivision.

H. Controlled Access Lots. Controlled access lots within a subdivision must meet or exceed the lot size criteria in Sec. 22-6-C-3 of this ordinance.

A. Purpose. To provide an opportunity for increased density within a shoreland while protecting and enhancing the natural and scenic qualities of shoreland areas during and after development and redevelopment of residential uses. A RS-PUD shall not be used to circumvent the effectiveness of any natural resource or waterbody protections, and all necessary protections shall be implemented in a manner that is equal to or greater than would result from standard zoning.

B. Types of RS-PUDs Permissible. Residential planned unit developments (RS-PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of Sec. 22-6-B of this ordinance is allowed if the standards in this Section are met.

C. Types of RS-PUDs Exempt. Density and open space requirements for residential planned unit developments (RS-PUDs) within the Central Business District (CBD) are exempt if the following are met:

1. The proposed development does not provide riparian access, or involves properties that currently allow riparian access.

2. The proposed development is consistent with the approved density range for the future land use of the property in the City's Comprehensive Plan.

3. The proposed development is consistent with the other requirements of the Shoreland Overlay District.

D. Processing of RS-PUDs. Residential planned unit developments in the shoreland district must comply with the provisions of this Section in addition to those standards outlined in the City’s zoning and subdivision regulations. When there is a conflict in requirements, the more stringent of the requirements shall be applied.

E. Application for RS-PUD. An application for RS-PUD shall be carried out pursuant to Victoria Zoning Code Section 32-5 Planned Unit Development Procedure, and will include the following additional provisions:

1. A property owner’s association agreement (for residential PUD’s) with mandatory membership, and consistent with Sec. 22-10-G of this ordinance.

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

a. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Sec. 22-10-G of this ordinance.

F. Density Determination. Proposed new planned unit developments must be evaluated using the following procedures.

1. Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one or more lines parallel to the ordinary high water level at the following intervals, proceeding landward:

2. Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.

3. Step 3. Determine Base Density:

a. Divide the suitable area within each tier by the minimum single residential lot area for lakes to determine the allowable base density, for each tier. For rivers or tributaries, if a minimum lot area is not specified, divide the tier width by the minimum single residential lot width.

b. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any tier closer to the waterbody.

c. All PUDs with densities at or below the base density must meet the design standards in Sec. 22-10-G26

4. Step 4. Determine if the Site can Accommodate Increased Density:

a. The following increases to the dwelling unit or dwelling site base densities determined in Sec. 22-10-E-3 are allowed if the design criteria in Sec. 22-10-G of this ordinance are satisfied as well as the standards in item b of this Section:

b. Structure setbacks from the ordinary high water level:

(1) Are increased to at least 50 percent greater than the minimum setback; or

(2) The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback.

G. Design Criteria. All PUDs must meet the following design criteria.

1. General Design Standards.

a. All residential planned unit developments must contain at least five dwelling units or sites.

b. On-site water supply and sewage treatment systems must be centralized and meet the standards in Sec. 22-6-E of this ordinance. Sewage treatment systems must meet the setback standards of Sec. 22-6-D-1 of this ordinance.

c. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.

d. Dwelling units or dwelling sites must be designed and located to meet the dimensional standards in Sec. 22-6-D (1, 2 & 3) except where otherwise allowed in this Section.

e. Shore recreation facilities:

(1) Must be centralized and located in areas suitable for them based on a suitability analysis.

(2)The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor).

(3)Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

f. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

g. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized.

h. Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Sec. 22-7-C of this ordinance and are centralized.

2. Open Space Requirements.

a. Open space must constitute at least 50 percent of the total project area and must include:

(1) Areas with physical characteristics unsuitable for development in their natural state

(2) Areas containing significant historic sites or unplatted cemeteries

(3) At least 70 percent of the shore impact zone preserved in its natural or existing state

b. Open space may include:

(1) Outdoor park or recreational facilities for use by owners of dwelling units or sites, or by the general public;

(2) Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and

(3) Non-public water wetlands.

c. Open space shall not include:

(1) Dwelling sites or lots, units or structures;

(2) Road rights-of-way or land covered by road surfaces and parking areas;

(3) Land below the OHWL of public waters; and

(4) Commercial facilities or uses.

3. Open Space Maintenance and Administration Requirements.

a. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means The instruments must prohibit:

(1) Commercial uses;

(2)Vegetation and topographic alterations other than routine maintenance;

(3)Construction of additional buildings or storage of vehicles and other materials; and

(4)Uncontrolled beaching of watercraft.

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

(1) Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner;

(2) Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or dwelling sites;

(3) Assessments must be adjustable to accommodate changing conditions; and

(4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

4. Erosion Control and Stormwater Management.

a. Erosion control plans must be developed and must be consistent with the provisions of Sec. 22-8-C of this ordinance and the local Watershed District or Watershed Management Organization rules. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

b. Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff, and be consistent with the provisions of the local Watershed District or Watershed Management Organization rules