Waseca City Zoning Code
SHORELAND OVERLAY
DISTRICT
§ 154.047 PURPOSE.
The major purpose of the shoreland overlay district is to control the density and location of developments in the shorelands of the public waters of the city in order to preserve the water quality and the natural characteristics of the shorelands in the city. This subchapter was adopted pursuant to the authorization and policies contained in M.S. Ch. 103G, as it may be amended from time to time, Minn. Rules Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Ch. 462, as it may be amended from time to time. The shoreland district shall include all lands within the designated shoreland line as shown on the official zoning map amended and approved by the City Council for the city and the Department of Natural Resources on April 20, 2004, by Ordinance 832 and as revised on October 5, 2004 by Ordinance 858.
(Ord. 1040, passed 1-5-16)
§ 154.048 INCLUDED WATER BODIES.
These regulations will apply to all lakes classified by the Department of Natural Resources, as follows:
(A) Clear Lake, general development classification, identification number 81-14; and
(B) Loon Lake, general development classification, identification number 81-15; and
(C) Gaiter Lake, natural environment classification, identification number 81-18.
(Ord. 1040, passed 1-5-16)
§ 154.049 PERMITTED USES.
All permitted uses allowed in and regulated by the applicable zoning districts underlying this district as indicated on that official map of the city.
(Ord. 1040, passed 1-5-16)
§ 154.050 CONDITIONAL USE PERMIT REQUIRED.
(A) All conditional uses and applicable attached conditions allowed in and regulated by the applicable zoning districts underlying this district as indicated on the official zoning map of the city, with the exception that planned unit developments (PUDs) shall not be allowed in the R-1 district when it is underlying this district.
(B) Water-oriented accessory structures, provided they are not used for habitation and do not contain sanitary facilities.
(Ord. 1040, passed 1-5-16)
§ 154.051 VARIANCES.
Variances may only be granted in accordance with the legal standards described in M.S. § 462.357. They may not circumvent the general purposes and intent of the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest. In considering variance requests, boards of adjustment must also consider whether existing sewage treatment systems on the properties need upgrading before additional development is approved.
(Ord. 1040, passed 1-5-16)
§ 154.052 LAND USE DISTRICTS.
(A) Land use districts adopted by the city, and the allowable land uses therein for the shoreland overlay zoning district, shall be properly delineated on the official zoning map for the shorelands of this community.
(B) These land use districts are in conformance with the criteria specified in Minn. Rules Part 6120.3200 (3).
(Ord. 1040, passed 1-5-16)
§ 154.053 PERFORMANCE STANDARDS.
(A) The following general standards shall be followed in all shoreland districts:
(1) When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff before discharge to public waters.
(2) 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 and protected as soon as possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetations, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and human-made materials and facilities.
(B) The following specific standards and setback requirements shall be followed in all shoreland districts.
(1) Lot area and width shall be the same as standards of underlying districts; however, residential lot areas (in square feet) and widths (in feet) shall meet the following minimum standards:
Table 8-1: General Development Lake
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Single, sewered | 15,000 | 75 | 10,000 | 75 |
Duplex, sewered | 26,000 | 135 | 17,500 | 135 |
Triplex, sewered | 38,000 | 195 | 25,000 | 190 |
Quad, sewered | 49,000 | 255 | 32,500 | 245 |
Single, unsewered | 20,000 | 100 | 40,000 | 150 |
Duplex, unsewered | 40,000 | 180 | 80,000 | 265 |
Triplex, unsewered | 60,000 | 260 | 120,000 | 375 |
Quad, unsewered | 80,000 | 340 | 160,000 | 490 |
Table 8-2: Natural Environment Lake
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Riparian Lots | Nonriparian Lots | |||
Development Type | Area (Feet) | Width (Feet) | Area (Feet) | Width (Feet) |
Single, sewered | 40,000 | 125 | 20,000 | 125 |
Duplex, sewered | 70,000 | 225 | 35,000 | 220 |
Triplex, sewered | 100,000 | 325 | 52,000 | 315 |
Quad, sewered | 130,000 | 425 | 65,000 | 410 |
Single, unsewered | 80,000 | 200 | 80,000 | 200 |
Duplex, unsewered | 120,000 | 300 | 160,000 | 400 |
Triplex, unsewered | 160,000 | 400 | 240,000 | 600 |
Quad, unsewered | 200,000 | 500 | 320,000 | 800 |
(2) Residential subdivisions with dwelling unit densities exceeding those in this table can only be allowed if designed and approved as residential planned unit developments under §§ 154.085 through 154.092. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewered lot area dimensions can only be used if publicly owned sewer system service is available to the property.
(3) On natural environment lakes, subdivisions of duplexes, triplexes, and quads 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 that 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% of a lake’s shoreline can be in duplex, triplex, or quad developments.
(4) Impervious surface coverage of lots must not exceed 25% of the lot area.
(5) One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented above, provided that the lot exceeds the minimum lot dimensions of a duplex lot and that both the principal building and guest cottage are located within the smallest duplex-sized lot that could be created; the cottage must not cover more than 700 square feet of land surface and must not exceed 15 feet in height; and, the cottage 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.
(6) Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible, subject to the following minimum standards:
(a) Lots must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots; except, riparian lots located across the street from non- riparian lots owned by the same party or parties will be allowed controlled access to the public waters;
(b) If docking, mooring or over-water storage of more than six watercraft is to be conducted at a controlled access lot, then the width of the lot shall be increased by 25% for each watercraft beyond six;
(c) Lots must be 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 specify that lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners, such as swimming, sunbathing or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings and other facilities to be screened by vegetation or topography as much as practical from view from public water, assuming summer, leaf-on conditions.
(7) Setback of structures from the ordinary high water level:
(a) General development lakes, sewered - 50 feet.
(b) Natural environment lakes, sewered - 150 feet.
(c) General development lakes, unsewered - 75 feet.
(d) Natural environment lakes, unsewered - 150 feet.
(e) Sewage treatment system - 75 feet.
(8) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on abutting 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 ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone.
(9) Additional structure setbacks:
(a) From top of bluff - 30 feet.
(b) From unplatted cemetery - 50 feet.
(c) From federal, state or county highway right-of-way line - 50 feet.
(d) From town road or city street right-of-way line - 20 feet.
(10) Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(11) Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
(12) The lowest floor must be placed at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher, except as otherwise provided in this section.
(a) Water-oriented structures may have the lowest floor placed lower than the elevation specified herein if the structure is 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.
(b) On lots in the Pondview of Waseca subdivision, the lowest floor must be placed at least one foot above the highest known water level of 1131.183 feet (1131.183 NGVD88).
(13) Each lot may have one water-oriented accessory structure set back a minimum of ten feet from the ordinary high water level, provided that:
(a) The structure not exceed ten feet in height, exclusive of safety rails;
(b) The structure not occupy an area greater than 250 square feet, with the exception of structures used solely for watercraft storage, which may not occupy an area greater than 400 square feet nor be more than 20 feet wide;
(c) Detached decks not exceed eight feet above grade at any point;
(d) The structure must be treated to reduce visibility from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions;
(e) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; and
(f) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(14) Stairways, lifts and landings.
(a) Residential lots:
1. Maximum width of stairways and lifts, four feet.
2. Maximum area, landings and lifts, 32 square feet.
(b) All lots.
1. No canopies or roofs over stairways, lifts and landings;
2. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from public water, assuming summer, leaf-on conditions, whenever practical.
3. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are allowed for achieving access to shore areas, provided that the dimensional and performance standards of division (14)(a) above are complied with in addition to the requirements of Minn. Regulations Ch. 1340.
(15) No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
(16) The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
(17) All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21)
§ 154.054 SHORELAND ALTERATIONS.
(A) Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.
(B) Use of fertilizer and pesticides in the Shoreland Overlay District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing outside of these areas is permitted if the activity is consistent with the forest management standards in § 154.059.
(2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas and permitted water-oriented accessory structures or facilities, provided that:
(a) The screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; and
(b) The above provisions are not applicable to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards.
(D) When grading and filling or excavations are authorized under a validly issued construction permit, separate issuance of a grading and filling permit is not required. If grading, filling or excavation activities will not involve a construction permit, then a grading and filling permit will be required for:
(1) The movement of more than ten 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.
(E) The following considerations and conditions must be adhered to during the reviews of requests for construction permits, grading and filling permits, conditional use permits, variances and subdivisions:
(1) Evaluation of a wetland, prior to issuance of a grading and filling permit, to determine how extensively the proposed activity would affect the following functional qualities of the wetland:
(a) Sediment and pollutant trapping and retention;
(b) Storage of surface runoff to prevent or reduce flood damage;
(c) Fish and wildlife habitat;
(d) Recreational use;
(e) Shoreline or bank stabilization; and
(f) Noteworthiness, including qualities such as historic significance, critical habitat for endangered plants and animals or others;
(2) Determination of whether the wetland alteration proposed requires permits, reviews or approvals by other local, state or federal agencies such as watershed districts, the Minnesota Department of Natural Resources or the United States Army Corps of Engineers;
(3) Design and implementation of alterations so as to ensure that only the smallest amount of bare ground is exposed for the shortest time possible; (Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.)
(4) Methods to minimize soil erosion and to trap sediments before they reach any surface water, stabilizing altered areas to acceptable erosion control standards consistent with guidelines of the Waseca County Soil and Water Conservation District and the United States Soil Conservation Service;
(5) Review of plans to place fill or excavated material on steep slopes by qualified professionals to ensure continued slope stability, and that slopes created are less than 30%;
(6) Placement of fill or excavated material so as not to create an unstable slope;
(7) No placement of fill or excavated material in bluff impact zones;
(8) Authorization by the commissioner for any alterations below the ordinary high water level of public waters, under M.S. Chapter 103G, as it may be amended from time to time;
(9) Topography alterations permitted only 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 permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(F) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.
(Ord. 1040, passed 1-5-16)
§ 154.055 PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS AND THE LIKE.
(A) Roads, driveways and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters.
(B) Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the Waseca County Soil and Water Conservation District or other applicable technical materials.
(C) Vegetation alteration necessary for construction of roads and parking areas are exempt from the vegetation alteration standards contained in § 154.054.
(D) 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 in these areas and must be designed to minimize adverse impacts.
(E) Public and private watercraft access ramps, approach roads and access-related parking areas may be placed within shore impact zones provided the vegetative screening, erosion control and grading and filling conditions of § 154.054 are met.
(Ord. 1040, passed 1-5-16)
§ 154.056 STORMWATER MANAGEMENT.
Standards contained in § 154.156 shall be adhered to.
(Ord. 1040, passed 1-5-16)
§ 154.057 STANDARDS FOR COMMERCIAL, INDUSTRIAL AND PUBLIC USES.
(A) Surface water-oriented commercial uses and industrial, public or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters.
(B) Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf-on conditions.
(C) Those with water-oriented needs must meet the following standards:
(1) The uses must be designed to incorporate topographic and vegetative screening of parking areas and structures;
(2) 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
(3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following standards:
(a) No advertising signs or supporting facilities for the signs shall be placed in or upon public water;
(b) Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated, lights must be shielded or directed to prevent illumination out across public waters; and
(c) Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
(Ord. 1040, passed 1-5-16)
§ 154.058 AGRICULTURAL USE STANDARDS.
(A) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting may be permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the Waseca County Soil and Water Conservation District or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
(B) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
(Ord. 1040, passed 1-5-16)
§ 154.059 FOREST MANAGEMENT STANDARDS.
Harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management “Best Management Practices in Minnesota”.
(Ord. 1040, passed 1-5-16)
§ 154.060 WATER SUPPLY.
(A) Any public or private supply of water for domestic purposes shall conform to Minnesota Department of Health and Minnesota Pollution Control Agency standards for water quality.
(B) Private wells must be located, constructed, maintained and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department of Health.
(C) Municipal water supply facilities shall be used where available.
(Ord. 1040, passed 1-5-16)
§ 154.061 SEWAGE TREATMENT.
(A) Municipal sewer systems shall be used where available.
(B) All private sewage and other sanitary waste disposal systems shall conform to applicable standards, criteria, rules and regulations of Minnesota Pollution Control Agency, as set forth in the document titled, “Individual Sewage Treatment Systems Standards, Ch. 7080,” is hereby adopted by reference and declared to be a part of this chapter.
(C) On-site sewage treatment systems shall be set back at least 75 feet from the ordinary high water level and four feet above highest known ground water table, bedrock or impervious soil conditions.
(D) Sewage treatment systems that are now inconsistent with the design criteria identified in division (B) above shall be reconstructed whenever a permit or variance of any type is required for any improvement on, or use of, the property.
(Ord. 1040, passed 1-5-16)
§ 154.062 ALTERATIONS OF BEDS OF PUBLIC WATERS.
Any work which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner before the work is begun. This includes construction of channels and ditches, lagooning, dredging of lakes or stream bottom for removal of muck, silt or weeds and filling in the lake or stream bed. Approval shall be construed to mean the issuance by the Commissioner of a permit under the procedures of M.S. Chapter 103F, as it may be amended from time to time.
(Ord. 1040, passed 1-5-16)
§ 154.063 NOTIFICATION REQUIRED.
(A) Copies of all notices of any public hearings to consider variances, amendments, subdivisions/ plats or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
(B) A copy of approved amendments and subdivisions/plats, and final decisions granting 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.
(Ord. 1040, passed 1-5-16)