The intent of this Section is to reduce the effects of overcrowding, to prevent pollution of waters of the community, to minimize flood damages, to maintain property values, and to maintain natural characteristics of shorelands and adjacent water areas by controlling lot sizes, placement of structures on lots, and alteration of shoreland areas.

This Section is adopted pursuant to the authorization and policies contained in Minn. Stats. Ch. 105, Minnesota Regulations, Parts 6120.2500—6120.3900, and the planning and zoning enabling legislation in Minn. Stats. Ch. 462.

The shorelands within the City of Wayzata are hereby designated as shoreland districts and the requirements set forth in this Section shall govern development and other activities within these districts. The classification of the shoreland areas shall govern the use, alteration and development of these areas according to said classification as per Minn. Stats. 104.485 and Minn. R. NR 82-84.

The "S" District shall be applied to and superimposed upon all zoning districts as contained herein as existing or amended by the Zoning Ordinance text and Official Zoning Map. The regulations and requirements imposed by the "S" District shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the more restrictive requirements shall apply.

The boundaries of the Shoreland District are established within the following distances from the ordinary high water mark of the surface water depending on the size of the surface water as indicated on the Wayzata Shoreland District Map.

¹ The practical distance may be less whenever the waters involved are bounded by topographical divides which extend landward from the waters for lesser distances and prevent flowage toward the surface water.

² The distance requirement shall be increased to the limit of the floodplain when the floodplain is greater than 300 feet.

The surface waters affected by this Section and which require controlled development of their shoreland (Shoreland District) shall be shown on the map designated as the official "Zoning Map of the City of Wayzata" which is properly approved and made a part of this Section and filed with the Zoning Administrator. Surface waters generally greater than ten acres and given an identification number by the State of Minnesota shall be defined in Section 902.02 of this Ordinance and listed below. Other surface waters affected by this Section, generally having less than ten acres, shall be classified as stormwater treatment and control areas and thus regulated under the provisions of Chapter 992 of this Ordinance.

A.

Lakes Classification System.

SURFACE WATER DISTRIBUTION

The land uses allowable for the Shoreland Overlay District shall follow the permitted interim, accessory, and conditional use designations as defined and outlined in the base zone districts, as found in Sections 51—86 of this Ordinance, as may be amended, referred to as the Wayzata Zoning Regulations, and shall be properly delineated on the Official Zoning Map for the shorelands of Wayzata. These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3.

The following chart sets forth the minimum lot sizes and width standards within the Shoreland Overlay District. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.

Sewered Lots

A.

Low Density (R-1A, R-1, R-2A, R-2, R-3A, R-3, R-4A, R-4, R-5).

B.

Institutional (INS)—(See Chapter 970, INS Institutional District of this Ordinance).

C.

Commercial (C-1, C-2, C-3, C-4, C-4A, C-4B)—(See Chapters 975—980 of this Ordinance).

D.

Research and Development (RD)—(See Chapter 985 Research and Development District of this Ordinance).

E.

Business/Warehousing (B-W)—(See Chapter 986 Business/Warehouse District of this Ordinance).

F.

Substandard Lots of Record. Any lot of record filed in the office of the Hennepin County Register of Deeds on or before January 1, 1983, which does not meet the dimensional requirements of this Ordinance may be allowed as a building site subject to approval of a shoreland impact plan/conditional use permit, as provided in Section 991.19 of this Ordinance and provided:

1.

The lot meets all standards of the applicable base zoning district.

2.

The lot is in separate ownership from abutting lands.

3.

All dimensional requirements of the Shoreland Overlay District are complied with insofar as practical in compliance with requirements for legal non-conforming lots found in Section 915.02.M of this Ordinance.

G.

Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non-riparian lots within subdivisions are permissible, provided they are consistent with the district regulations of the Zoning Ordinance and a conditional use permit is issued consistent with Chapter 904 and Section 991.19 of this Ordinance.

1.

The lot must meet the width and size requirements for riparian residential lots, and be suitable for the intended uses of controlled access lots.

2.

If docking, mooring, or over-water storage of more than six watercraft is to be allowed, the width of the lot must be increased by five percent of the minimum width requirement for riparian residential lots for each watercraft beyond six.

3.

The lot must be jointly owned by all owners of non-riparian lots in the subdivision who are provided riparian access right on the access lot.

4.

Covenants must be developed that specify which 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 may 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. 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.

Note—Lots developed with five or more dwelling units require approval of a planned unit development conditional use in accordance with Chapter 933 and Section 991.17 of this Ordinance.

The following chart sets forth the minimum setback standards within the Shoreland Overlay District. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail.

D.

Lake Shore Setbacks.

1.

The setback requirements of Section 991.09 shall not apply to piers and docks. Setback requirements for water-oriented accessory structures are regulated in Section 991.13.B of this Ordinance.

2.

No principal structure or building addition other than a water oriented accessory structure as specified above shall be located closer to the ordinary high water mark than the greater of:

a)

Seventy-five feet;

b)

A line which is drawn between the two closest riparian principal structures on either side of a proposed building site;

c)

The average setback of the two closest riparian principal structures on either side of a proposed building site; or

d)

The average setback line shall be measured parallel to the ordinary high water level. In all circumstances, the setback shall be established by measuring the distance from the ordinary high water level to that part of the said principal structure that is closest to the lake.

3.

The required setback distance may be reduced by a variance if the following conditions are met:

a)

The minimum setback from the ordinary high water mark is at least 75 feet;

b)

The setback shall not adversely impact views of the shoreline or lake for adjacent neighboring principal structures;

c)

The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. However, any structure built as a result of an issued variance shall be considered in determining the proper setback of future construction on adjacent lots;

d)

A shoreland impact plan is submitted and approved as required and set forth in Section 991.19 of this Ordinance;

e)

The conditions of Chapter 905 and Section 991.20 of this Ordinance are considered and satisfactorily met.

The minimum building structure height for either lake classification shall follow the individual district requirements of the base zoning districts but shall not exceed 35 feet. Building heights of over 35 feet may be allowed through approval of a shoreland impact plan/conditional use permit as regulated under Section 991.19 of this Ordinance.

A.

Allowable Coverage.

1.

Impervious surface coverage for lots in all zoning districts shall not exceed 25 percent of the lot area, except as provided below:

a)

Where appropriate and where structures and practices are in place for the treatment of stormwater runoff and/or prevent stormwater from directly entering a public water in compliance with the Stormwater Management Plan for the City of Wayzata, May 1988 as may be amended, or as approved by the City Engineer, impervious surface coverage may be allowed to exceed 25 percent impervious surface coverage to a maximum of 75 percent on any one site.

b)

Impervious surface coverage may be allowed to exceed 75 percent of the total lot area when the following stipulations are met:

1)

All structures and practices are in place for the treatment of stormwater runoff.

2)

A shoreland impact plan/conditional use permit is submitted and approved as provided for in Section 991.19.A of this Ordinance, subject to the conditions listed in Section 991.19.C of this Ordinance.

2.

Measures for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, etc.

In cases where the residential density requirements, as specified in Section 991.08 of this Ordinance, shall be exceeded, the maximum allowed density shall be that set forth by the base zoning district of the subject property. For high density residential, including planned unit development, the density may not exceed the density standards as specified in the R-5 District provided in Chapter 959 of this Ordinance. Development which exceeds the residential density requirements, as specified in Section 991.08 of this Ordinance, shall be in conformance with the Shoreland Management Plan and subject to a conditional use permit and shoreland impact plan set forth in Section 991.19., subject to the conditions listed in Section 991.19.D of this Ordinance and subject to approval of the plan by the Minnehaha Creek Watershed District and the City Engineer.

A.

Design Criteria for Structures.

1.

High Water Elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed shall be determined as follows:

a)

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;

b)

For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minn. Stats. Parts 6120.500 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and

c)

Water-oriented accessory structures may have the lowest floor placed lower than the determined elevation if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the determined elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

B.

Water-Oriented Accessory Structures. As may be allowed by the respective base zoning district, each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 991.09 of this Ordinance if this water-oriented accessory structure complies with the following provisions:

1.

The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point;

2.

The setback of the structure or facility from the ordinary high water level shall be at least ten feet;

3.

The structure or facility shall 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;

4.

The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area;

5.

The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewer treatment facilities; and

6.

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

C.

Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements:

1.

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

2.

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

3.

Canopies or roofs shall not be 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 shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public waters assuming summer, leaf-on conditions, whenever practical; and

6.

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons shall also be allowed for achieving access to shore areas, provided that the dimensional and performance standards of items 1 to 5 listed above are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.

D.

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 documented in a public repository.

E.

Steep Slopes. The Zoning Administrator shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.

F.

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

G.

Standards for Commercial, Industrial, Public, and Semi-Public Uses.

1.

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

a)

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

b)

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

c)

Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:

1)

No advertising signs or supporting facilities for signs shall be placed in or upon public waters. Signs conveying information or safety messages shall be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.

2)

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 shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall be in conformance with Chapter 927 of this Ordinance, but under no circumstance shall they be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent excessive illumination out across public waters or on shore.

3)

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 excessive illumination out across public waters or on shore. This does not preclude use of navigational lights.

2.

Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or if located on lots or parcels with public waters frontage, shall 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.

Alterations of vegetation and topography shall 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.

A.

Vegetation Alterations.

1.

Vegetation alteration necessary for the construction of structures and the construction of roads and parking areas regulated by Section 991.14.C of this Ordinance are exempt from the vegetation alteration standards that follow:

a)

Intensive vegetation clearing within the shore and bluff impact zones and on 2. Removal or alteration of vegetation shall be allowed subject to the following standards:

1)

Steep slopes shall not be allowed.

b)

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees shall be 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, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

1)

The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, shall not be substantially reduced;

2)

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

B.

Topographic Alterations/Grading and Filling.

1.

Grading and filling, and excavations necessary for the construction of structures, and driveways under approved construction permits for these facilities shall not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section shall be incorporated into the issuance of permits for construction of structures, and driveways.

2.

Notwithstanding items A and B above, a shoreland permit shall be required from the Zoning Administrator for:

a)

The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and

b)

The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.

3.

The following considerations and conditions shall be adhered to during the issuance of permits, conditional use permits, variances and subdivision approvals:

a)

Grading or filling in any type two, three, four, five, six, seven, or eight wetland shall be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. ^*

1)

Sediment and pollution trapping and retention;

2)

Storage of surface runoff to prevent or reduce flood damage;

3)

Fish and wildlife habitat;

4)

Recreational use;

5)

Shoreline or bank stabilization; and

6)

Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

^* This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall be so advised.

b)

Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

c)

Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and permanent vegetation cover shall be established as soon as possible.

d)

Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall be used;

e)

Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service;

f)

Fill or excavation material shall not be placed in a manner that creates an unstable slope;

g)

Plans to place fill or excavate material on steep slopes shall be reviewed by qualified professionals for continued slope stability and shall not create finished slopes of 30 or greater;

h)

Fill or excavated material shall not be placed in bluff impact zones;

i)

Any alterations below the ordinary high water level of public waters shall first be authorized by the Commissioner under Minn. Stats. § 105.42.

j)

Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and shall not adversely affect adjacent or nearby properties; and

k)

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, shall be permitted if the finished slope does not exceed three feet horizontal to one foot vertical, and 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.

4.

Connections to Public Waters. Excavation where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.

C.

Placement and Design of Roads, Driveways, and Parking Areas.

1.

Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall 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 guidelines of the Minnehaha Creek Watershed District.

2.

Roads, driveways, and parking areas shall meet structure setbacks and shall 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 shall be designed to minimize adverse impacts.

3.

Public and private watercraft access ramps, approach roads, and access-related parking areas shall be placed within shore impact zones provided the vegetative screening and erosion control conditions of this sub-part are met. For private facilities, the grading and filling provisions of Section 991.14.B of this Ordinance shall be met.

D.

Stormwater Management. All development within the Shoreland Overlay District shall be consistent with the Stormwater Management Plan for the City of Wayzata, May 1988 as may be amended and the following general and specific standards.

1.

General Standards.

a)

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

b)

Development shall 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 shall be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

c)

When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, 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 manmade materials and facilities.

E.

Specific Standards.

1.

When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field guidelines of the Minnehaha Creek Watershed District.

2.

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

All legally established non conformities as of the date of this Ordinance may continue, but they shall be managed according to applicable state statutes and regulations of Chapter 915 of this Ordinance regulating non-conformities for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas.

A.

Additional/Expansions to Non-Conforming Structures.

1.

All additions or expansions to the outside dimensions of an existing non-conforming structure shall meet the setback, height, and other requirements of Section 991.08, 991.09 and 991.10 of this Ordinance. Any deviation from these requirements shall be authorized by a variance pursuant to Section 991.20 of this Ordinance.

2.

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

a)

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

b)

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;

c)

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

d)

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

A.

Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste removal systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this Section and Ordinance and other applicable regulations. In cases where standards conflict with the standards of the base zoning districts, the more restrictive standard will prevail.

B.

Relationship to Floodplain. Placement of all structures shall comply with Chapter 992 of this Ordinance.

C.

Shoreland Permits Required. A shoreland permit shall be required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by Section 991.14.B of this Ordinance. Application for a permit shall be made to the Zoning Administrator on the forms provided.

D.

Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of occupancy as regulated by Chapter 907 of this Ordinance upon compliance with each activity requiring a shoreland permit as specified in Section 991.96.C of this Ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this Section and shall be punishable as provided in Chapter 908 of this Ordinance.

Residential planned unit development conditional uses are allowed for new projects on undeveloped land, redevelopment of previous built sites or conversion of existing buildings and land. All lots developed with five or more dwelling units require approval of a planned unit development conditional use in compliance with this Ordinance. Planned unit development shall comply with the following criteria.

A.

Residential planned unit development shall be processed as a conditional use in accordance with Chapter 933 of this Ordinance.

B.

Application for a residential planned unit development shall follow the guidelines in Chapter 933 of this Ordinance.

C.

Site "Suitable Area" Evaluation. Proposed residential planned unit developments shall be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Section 991.17.D, E, and F of this Ordinance.

1.

The development parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward.

2.

The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land before the ordinary high water level of public waters. This suitable area and the proposed development are then subjected to the residential planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites.

D.

PUD Density Evaluation. The procedures for determining the "base" density of a PUD and density increase multipliers are as follows: Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer.

E.

PUD "Base" Density Evaluation. The suitable area within each tier is divided by the single residential lot size standard for lakes. Proposed locations and numbers of dwelling units or sites for the residential planned unit developments are then compared with the tier, density, and suitability analyses herein and the design criteria in Section 991.18.G of this Ordinance.

F.

Density Increase Multipliers.

1.

Increases to the dwelling unit or dwelling site base densities previously determined shall be allowed if the dimensional standards in Section 991.08 of this Ordinance are met or exceeded and the design criteria in Section 991.17.G of this Ordinance are satisfied. The allowable density increases in item 2 below shall only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback.

2.

Allowable dwelling unit or dwelling site density increases for planned unit development.

G.

Maintenance and Design Criteria.

1.

Before final approval of a residential planned unit development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development.

2.

Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protections.

a)

Commercial use prohibited (for residential PUDs); and

b)

Vegetation and topographic alterations other than routine maintenance prohibited; and

c)

Construction of additional buildings or storage of vehicles and other materials prohibited; and

d)

Uncontrolled beaching of watercraft prohibited.

3.

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

a)

Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers;

b)

Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites;

c)

Assessments shall be adjustable to accommodate changing conditions; and

d)

The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

H.

Open Space Requirements. Residential planned unit developments shall contain open space meeting the following criteria.

1.

At least 30 percent of the total development area shall be preserved as open space;

2.

Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space;

3.

Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

4.

The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equal effective and permanent means; and

5.

The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PUDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural or existing state.

I.

Erosion Control and Stormwater Management. Erosion control and stormwater management plans shall be developed and the residential planned unit development shall.

1.

Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and

2.

Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff.

J.

Centralization and Design of Facilities. Centralization and design of facilities and structures shall be done according to the following standards:

1.

Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with Section 991.17.F of this Ordinance for developments with density increases;

2.

Structures, parking areas, and other facilities shall 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. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

3.

Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.

Mixed use planned unit development is allowed for integration and coordination of land parcels as well as the combination of varying types of residential and commercial uses.

A.

Application/Procedures. Applications and procedures for a planned unit development district in the shoreland area shall be consistent with Chapters 990 and 933 and Section 991.17 regarding planned unit development. The DNR shall be notified of rezoning to a PUD as required in Section 991.22.

A.

Shoreland Impact Plan. Except for situations listed below, landowners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland District within the City of Wayzata shall first submit a conditional use permit application as regulated by Chapter 904 of this Ordinance and a plan of development, hereinafter referred to as "Shoreland Impact Plan," which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss of change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shoreland impact plan shall be to eliminate and minimize as much as possible potential pollution, erosion and siltation.

B.

Exceptions.

1.

No conditional use permit or shoreland impact plan shall be required for the development of permitted accessory uses contained within the R-1A, R-1, R-2 and R-3 Districts.

2.

No conditional use permit or shoreland impact plan shall be required for the development of permitted principal uses contained within the zoning districts, provided that such uses are constructed on standard lots and in compliance with the standards of this Ordinance and that all such uses are serviced with public sanitary sewer.

C.

Conditions. All conditional use permits for consideration under this Section shall be subject to the following stipulations.

1.

The projects shall be analyzed to determine the impact of impervious surfaces, stormwater runoff, floodplain, and water quality implications. Only those projects shall be allowed where the adverse impacts have been mitigated through approved means to the extent possible.

2.

Stormwater treatment measures including, but not limited to, sediment basins (debris basins), desilting basins or silt traps, installation of debris guards, and microsilt basins on stormwater inlets, oil skimming devices, etc. shall be required subject to the review of the City Engineer and the Minnehaha Creek Watershed District on projects where applicable.

3.

Projects shall be analyzed in terms of provisions for maintenance and enhancement of landscape features, and change in the natural condition of the soil, trees, grade courses and marshes. The vegetative planting plan shall contain trees, when fully mature, that will exceed the building height. The plan shall also minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible. It shall further provide for the relocation or replanting of trees which are proposed to be removed.

4.

Projects shall be analyzed in terms of the appearance of the structure when viewed from the lake's surface. Building materials, and color shall be analyzed to determine which facade and roof materials minimize the appearance and blend the structure into the shoreland and vegetation.

5.

Building heights shall be analyzed to determine the impact on surrounding structures and views from the lake surface or other shores. Structures shall not be allowed to exceed a height beyond that is allowed by the base zoning district or cannot be screened by landscaping or other design measures.

6.

Residential densities on a project basis shall not be allowed to exceed the maximum allowed density of the base zoning district for which the project is proposed. For higher density residential development and planned unit developments, the density shall not be allowed to exceed the density standards as specified in the R-5 District of this Ordinance.

7.

Lot coverage on a project basis shall be restricted to the provisions for maximum impervious surface coverage as provided for in this Ordinance.

8.

Overall residential densities in the shoreland area shall not exceed the surplus development capacity for residential density, as calculated for Lake Minnetonka, Gleason and Peavey Lakes, as specified in the Wayzata Comprehensive Plan/Shoreland Management Plan, as may be amended.

9.

Overall lot coverage in the shoreland area shall not exceed the surplus development capacity for impervious surface coverage calculated for Lake Minnetonka, Gleason and Peavey Lakes, as specified in the Wayzata Comprehensive Plan/Shoreland Management Plan, as may be amended.

10.

All projects shall be in conformance with the Stormwater Management Plan for the City of Wayzata, May 1988, as may be amended and/or approved by the City Engineer.

11.

All projects shall be in conformance with the Wayzata Comprehensive Plan/Shoreland Management Plan, as may be amended.

12.

All projects shall be subject to the review of the Minnehaha Creek Watershed District.

Variances from the provisions of this Chapter may be granted by the City Council in accordance with the process and standards of Chapter 905 of this Ordinance.

(Ord. 810 [4-28-2022])

A.

Land Suitability. Each lot created through subdivision, including planned unit developments authorized under Section 991.17 of this Ordinance, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage removal capabilities, near shore aquatic conditions unsuitable for water based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community.

B.

Consistency with Other Controls. Subdivisions shall conform to all provisions for subdivision, found as Part X of this Code. A subdivision shall not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purposes.

C.

Information Requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include the provisions found as Part X of this Code and the following additional evaluation criteria and conditions:

1.

The surface water features required in Minn. Stats. § 505.02, Subd. 1, to be shown on plats;

2.

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 aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities;

3.

Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and

4.

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.

D.

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

A.

Copies of all notices of any public hearings to consider subdivisions/plats, variances, amendments, or conditional uses resulting from the requirements of Chapter 991 of this Ordinance shall 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 shall include copies of the subdivision/plat.

B.

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this Shoreland Ordinance shall be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten days of final action.

The granting of any permit, variance or subdivision approval under provisions of this Ordinance shall in no way affect the owner's capability to obtain the approval required by any other statute, ordinance or legislation of any state agency or subdivision thereof. Approval may be expressly given in conjunction with other permits applied for, but no approval shall be implied from the grant of such permits nor from the necessity to apply for a permit as described herein.