(Ord. 97-2021, passed 7-20-21)

   (B)   Enforcement. Carver County is responsible for the administration and enforcement of this chapter. Any violation of the provision of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity listed in § 152.140 of this chapter.

(Ord. 97-2021, passed 7-20-21)

   (B)   The shorelands of Carver County are hereby placed into the “Shoreland Overlay District.” For the purposes of this chapter, the regulations of this section shall apply to those lands meeting the definition of shoreland and as shown on Carver County Zoning Map #2, Shoreland Districts, which are listed below.

   (C)   Lakes are classified as follows:

 

 

 

 

 

 

 

 

   (D)   Rivers and streams are classified as follows:

 

 

   (E)   All public rivers and streams shown on the Public Waters Inventory Map for Carver County, a copy of which is adopted by reference, not given a classification in this section shall be considered “Tributary”.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Any use permitted in the underlying district as modified by any other overlay district, as per §§ 152.052, 152.070, and 152.073, with the following further restrictions:

   (A)   Feedlots shall occur only pursuant to a conditional use permit;

   (B)   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.

   (C)   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in 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.

   (D)   New feedlots within the Shoreland District are prohibited.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Any use listed as a conditional use in the underlying district as modified by any other overlay districts, as per §§ 152.052, 152.075 through 152.082, and 152.097, and as further regulated below:

   (A)   A new contractor’s yard shall not be permitted within the Shoreland District.

   (B)   Feedlots subject to the following criteria:

      (1)   All criteria listed in § 152.071;

      (2)   A new animal feedlot area shall not be constructed within shoreland;

      (3)   Must be designed consistent with Minn. Rules Chapter 7020.

      (4)   An existing animal feedlot area located in shoreland may not expand to a capacity of 1,000 animal units or more or the manure produced by 1,000 animal units or more. An existing animal feedlot expanding in shoreland shall not locate any portion of the expanded animal feedlot closer to the ordinary high water mark or bluff impact zone than any existing portion of the animal feedlot.

      (5)   Old feedlots not currently in operation may resume operation consistent with M.S. § 116.0711.

   (C)   In cases where the underlying district or other overlay district provides for surface water-oriented commercial, public or semi-public uses, any of these uses which require access to or use of public waters shall be subject to the following criteria:

      (1)   The use complies with §§ 152.114 and 152.115.

      (2)   The uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

      (3)   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. If more than six watercraft will be moored at one time, then the lot frontage required will need to be consistent with the table in § 152.034(D).

      (4)   Uses that depend on patrons arriving by watercraft may use signs in accordance with this chapter.

   (D)   One temporary manufactured home may be allowed on lots meeting or exceed the lot area and width dimensions presented in § 152.082 and 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.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Any use listed as an accessory use in the underlying district as modified by any other overlay district and as further regulated below:

   (A)   Water-related accessory structure under the following conditions:

      (1)   The structure is not more than 250 square feet. The structure shall be considered part of the aggregate total square footage of accessory structures permitted.

      (2)   The structure is not more than ten feet high. Detached decks shall not exceed a height of eight feet above grade.

      (3)   The structure is setback ten feet from the ordinary high water level.

      (4)   The structure is situated in a manner and is constructed of a type of material that allows it to blend in with the area.

      (5)   The structure must not be served with sewer or water.

      (6)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.

   (B)   Stairways, lifts and landings 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 require no setback if they are being used to achieve access up and down bluffs and steep slopes. Stairways, lifts and landings are subject to the following standards:

      (1)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and public open space recreational properties.

      (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, and public open-space recreational properties.

      (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 the 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.

      (6)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided these facilities meet the standards above (divisions (1) through (5)) as well as complying with the requirements of Minn. Rules Chapter 1340, as it may be amended from time to time.

   (C)   Carver County does not regulate permanent or seasonal docks or private boat ramps. The Minnesota DNR regulates and issues permits for these structures in accordance with Minn. Rules Parts 6115.0150 through 6115.0520, as they may be amended from time to time. For further information contact the Division of Waters at the Minnesota DNR.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Industrial uses are prohibited in the shoreland areas of natural environment lakes and agricultural rivers, even if the underlying zone allows for industrial use as a conditional use.

(Ord. 47, passed 7-23-02)

   (A)   Shoreland District land uses listed in this section are regulated as:

   (B)   Land uses for lake classifications:

 

   (C)   Land uses for stream/river classifications:

 

   (A)   Controlled access lots on public waters are permissible if created as part of subdivision and are subject to meeting or exceeding the following standards:

      (1)   Lots must meet the width and size requirements for residential lots and must be suitable for the intended uses of controlled access and recreation.

      (2)   If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table:

 

 

      (3)   The lot 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.

      (4)   Covenants or other equally effective legal instruments must be developed that:

         (a)   Specify which lot owners have authority to use the controlled access lot; identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking.

         (b)   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 location on the lot to minimize topographic and vegetation alterations.

         (c)   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.

(Ord. 97-2021, passed 7-20-21)

   (A)   See standards section (§§ 152.025 through 152.041) and provisions below.

   (B)   Any structure must meet § 152.034. Additional provisions with regard to setbacks include:

      (1)   Any structure proposed to be set closer than 30 feet to the crest of a slope of 18% or greater and which meets the ordinary high water level setback, will require a separate grading and filling permit with plans prepared by a registered engineer.

      (2)   Setbacks from an unplatted cemetery will be 50 feet from the nearest identifiable grave or 50 feet from the property line, whichever is less restrictive.

      (3)   Public, semi-public, industrial, or commercial 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.

      (4)   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 average adjoining setbacks from the ordinary high water level, provided the proposed building site is within a platted area or a metes and bounds subdivision and is not located in a shore impact or bluff impact zone.

      (5)   Only lands above the ordinary high water level can be used to meet lot area and width standards.

      (6)   Lot width standards must be met at both the ordinary high water level and at the front setback.

      (7)   Lake minimum lot areas and width standards must comply with § 152.033.

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

      (1)   The structure existed on the date of adoption of this chapter;

      (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% 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

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

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

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

      (2)   For rivers and streams, by placing the lowest floor at least three feet above the highest known flood elevation. If highest known flood elevation is not available, by placing the lowest floor at least three feet above the highest known flood elevation, 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. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minn. Rules Parts 6120.5000 through 6120.6200.

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

      (2)   If elevation methods involving fill would result in filling in the SIZ, then structures must instead be elevated through floodproofing methods in accordance with § 152.121(B)(3) below.

      (3)   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.

   (C)   Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined above in divisions (A) or (B) 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.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   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:

   (A)   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;

   (B)   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;

   (C)   Canopies or roofs are not allowed on stairways, lifts, or landings;

   (D)   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;

   (E)   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

   (F)   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 divisions (A) through (E) and the requirements of Minn. Rules Chapter 1341.

(Ord. 97-2021, passed 7-20-21)

   (A)   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 must be placed within these areas, and must be designed to minimize adverse impacts;

   (B)   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 section are met. Private facilities must comply with the grading and filling provisions of § 152.126.

   (C)   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.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions:

   (A)   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 detached decks not exceeding eight feet above grade at any point or at-grade patios;

   (B)   The structure or facility is not in the bluff impact zone;

   (C)   The setback of the structure or facility from the ordinary high water level must be at least ten feet;

   (D)   The structure is not a boathouse or boat storage structure as defined under M.S. § 103G.245;

   (E)   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;

   (F)   The roof 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;

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

   (H)   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

   (I)   Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in § 152.121 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.

   (J)   Carver County does not regulate permanent or seasonal docks or private boat ramps. The Minnesota DNR regulates, and issues permits for these structures in accordance with Minn. Rules Parts 6115.0150 through 6115.0520, as they may be amended from time to time. For further information contact the Division of Waters at the Minnesota DNR.

(Ord. 97-2021, passed 7-20-21)

   Extractive uses are interim uses and must meet the following standards:

      (1)   Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations;

      (2)   Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and

      (3)   Clearly explain how the site will be rehabilitated after extractive activities end.

   (C)   Must meet the provisions of M.S. §§ 93.44 through 93.51.

(Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

   Any supply of water for domestic purposes must meet or exceed the standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency and any applicable Carver County ordinances. Central public water supplies shall be used where available and feasible.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Any premises intended for human occupancy shall be provided with an adequate method of sewage treatment, as follows: central public sewage collection and treatment shall be used wherever available and feasible; all on-site sewage treatment systems shall conform with Chapter 52 of this code of ordinances.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Building permits, variances, conditional or interim use permits or permits of any type that are required for any improvement on, or use of property, except as provided below, shall not be issued unless a certificate of compliance, pursuant to Chapter 52 of this code of ordinances, has been submitted for all SSTS existing on the property at the time of application.

   (B)   If an SSTS is found to be nonconforming, the permits or variances shall not be issued until the SSTS is upgraded or replaced to meet the standards of Chapter 52 of this code of ordinances. In lieu of the upgrade or replacement, or when an SSTS compliance inspection report cannot be completed due to weather (such as, snow and frost), an appropriate escrow may be established for the SSTS upgrade, replacement and/or inspection, upon approval by the Department. All SSTS work shall be completed within 12 months of the issuance of the permit or variance, unless a different timeframe is addressed by the permit, variance, or other regulation.

   (C)   Exceptions. This section shall not apply to: mechanical permits for the installation or repair of heating equipment; permits for roof replacement or repair; and permits for the repair of damage resulting from circumstances such as wind, fire and accidents provided expansion of the structure’s size is not requested. This provision shall not apply to flood damage or those structures otherwise regulated by Floodplain District regulations.

   (D)    Special provision for certain feedlot conditional use permits. Conditional use permits pursuant to § 152.113 may be issued to correct an existing erosion and/or pollution problem if an increase in the number of animal units is not being requested. At a minimum, submittal of an SSTS compliance inspection report shall be required within 12 months of the issuance of the permit.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

   No rubbish, trash, garbage, awful or putrescible matter shall be deposited into any public water or into any watercourse leading to a public water. Sanitary landfills or other types of solid waste disposal are hereby prohibited within land areas designated as shoreland.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by § 152.117 of this chapter are exempt from the vegetation alteration standards that follow.

   (B)   Removal or alteration of vegetation, except for agricultural uses as regulated in § 152.112, is allowed subject to the following standards:

      (1)   Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed.

      (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 water areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:

         (a)   The screening of structures, vehicles, or their facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

         (b)   The existing shading of water surfaces is preserved along rivers.

      (3)   The removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards as well as the removal of any noxious weeds is allowed in all shoreland, bluff and steep slope areas.

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

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   In all shoreland areas the removal of natural vegetation is prohibited within 50 feet of the ordinary high water level except that a strip not to exceed 12 feet in width may be clear cut to the water’s edge to afford access to the water.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Grading and filling activities must comply with the provisions of this section except for the construction of public roads and parking areas if consistent with § 152.118 of this chapter.

      (1)   The movement of more than ten cubic yards of material on slopes greater than 18% or within shore or bluff impact zones.

      (2)   The movement of more than 50 cubic yards of material outside of slopes greater than 18%, shore and bluff impact zones.

   (D)   Grading or filling of any wetland must meet or exceed the wetland protection standards under Minn. 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;

   (E)   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:

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

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

      (3)   Establishing permanent 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% 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 M.S. Chapter 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 10).

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Any alterations below the ordinary high water level of public waters must first be authorized by the Minnesota Department of Natural Resources.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Excavations of shorelands where the intended purpose is to create a connection to a public water shall require the issuance of a conditional use permit. Granting of the permit shall be contingent upon issuance of a public waters work permit by the Minnesota Department of Natural Resources.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Plans to place fill or to excavate material on slopes over 18% must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater. Placement of fill or excavation of material must not be conducted in a manner that creates an unstable slope and fill must not be placed in bluff impact zones.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   If the proposal entails grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland, the county may require that the applicant have a professional evaluate (at the applicant’s expense) how extensively the proposed activity would affect the following functional qualities of the wetland:

      (1)   Sediment and pollutant 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, and the like.

   (B)   The evaluation must include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Planning for erosion control must be incorporated as conditions on permits issued in the Shoreland District. Erosion control plans should demonstrate what measures will be taken to prevent erosion on the construction site and should be consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service and County Water Management Rules if applicable.

(Ord. 47, passed 7-23-02)

      (1)   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.

      (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 as soon as possible, and appropriate facilities or methods used to retain sediment on the site.

      (3)   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.

      (1)   Impervious surfaces of lots must not exceed 25% of the lot area.

      (2)   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.

      (3)   New constructed stormwater outfalls to public waters must be consistent with Minn. Rules Part 6115.0231.

(Ord. 97-2021, passed 7-20-21)

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

   (A)   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

   (B)   Signs placed within the shore impact zone must be:

   (C)   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.

   (D)   Signs 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 10 feet above the ground, and must not exceed 32 square feet in size.

   (E)   Signs must be minimum size necessary to convey the needed information.

   (F)   If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   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.

(Ord. 97-2021, passed 7-20-21)

      (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 § 152.132 of this chapter.

      (2)   A certificate of compliance, consistent with Minn. Rules Part 7082.0700, subpart 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 level.

      (1)   A variance may not circumvent the general purposes and intent of this chapter; and

      (2)   For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. Rules Part 7082.0700, subpart 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.

      (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.

      (1)   In evaluating all variance, conditional use, zoning and building permit applications, the zoning authority shall require the property owner to address the following conditions, when related to and proportional to the impact, to meet the purpose of this chapter, 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;

         (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 zoning authority 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.

      (1)   All amendments to this section must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. Carver County will submit the proposed ordinance amendments to the Commissioner or the Commissioner's designated representative at least 30 days before any scheduled public hearings.

      (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 days before the hearings.

      (3)   Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

      (4)   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.

      (5)   Any request to change the shoreland management classification of public waters within Carver County 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 Minn. Rules Part 6120.3000, subpart 4.

      (6)   Any request to reduce the boundaries of shorelands of public waters within Carver County 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.

(Ord. 97-2021, passed 7-20-21; Am. Ord. 108-2024, passed 11-19-24)

   (A)   All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to M.S. §394.36, subd. 5 and other regulations of this county for alterations and additions; repair after damage; discontinuance of use; and intensification of use.

   (B)   Construction on nonconforming lots of record is subject to the following criteria:

      (1)   Lots of record in the Office of the County Recorder on the date of July 1, 1974, that do not meet the minimum lot size and width standards specified by § 152.033 may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.

      (2)   A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.

      (3)   If, in a group of two or more contiguous lots under the same owner, any individual lot does not meet the minimum lot size and width standards specified by § 152.033, the lot must not be considered a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the minimum lot size and width standards as much as possible.

(Ord. 97-2021, passed 7-20-21)