§ 11.66. SHORELAND OVERLAY DISTRICT.

Subd. 1. Purpose. It is the purpose of the shoreland overlay district to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city.

Subd. 2. Statutory authorization. This section is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, Minn. Rules parts 6120.2500 through 6120.3900 and the planning and zoning enabling legislation in M.S. Chapter 462, as they may be amended from time to time.

Subd. 3. Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to the pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.

Subd. 4. Location of shoreland management classification. In order to guide the wise development and utilization of shorelands of public waters for preservation of water quality, natural characteristics, economic values and general health, safety and welfare, all public waters in the city have been given a shoreland management classification. The public waters of the city have been classified by the Commissioner of Natural Resources and identified on the official zoning map as follows:

A. Rivers and streams.

1. Urban rivers.

a. Cedar River, from the northern city limits to southern city limits.

b. East Side Lake, I-90 to Oakdale Place East.

c. Mill Pond, 4th Place N.E. to 4th Avenue N.E.

2. Tributary streams.

a. Turtle Creek, from the northwesterly city limits to the confluence of Cedar River.

b. Dobbins Creek, north and south branches from the northeasterly city limits to the confluence of the Cedar River.

c. Wolf Creek, from the northerly city limits to the confluence of the Cedar River Murphy Creek: Judicial Ditch 26 from the westerly city limits to the Cedar River.

Subd. 5. Principal permitted uses. All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city.

Subd. 6. Conditional uses. All conditional uses and applicable conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the city.

Subd. 7. Definitions.

A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

B. All distances, unless otherwise specified, shall be measured horizontally.

1. BUILDING LINE. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not exceed.

2. COMMERCIAL USE. The principal use of land or building for the sale, lease, rental or trade of products, goods and services.

3. DECK. A horizontal, unenclosed platform with or without attached railings, seats, trellises or features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground.

4. DWELLING SITE. A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicles sites.

5. DWELLING UNIT. Any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or time share accommodations such as motel, hotel and resort rooms and cabins.

6. EXTRACTIVE USE. The use of the land for surface or subsurface removal of sand, gravel, rock industrial minerals, other nonmetallic minerals and peat not regulated under M.S. §§ 93.44 to 93.51, as it may be amended from time to time.

7. FLOOD OF RECORD. The highest measured and recorded elevation of flood waters reached during a flood event.

8. HARDSHIP. As defined in M.S. Chapter 462, as it may be amended from time to time.

9. HEIGHT OF BUILDING. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof.

10. INDUSTRIAL USE. The use of the land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items.

11. INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.

12. LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditor’s plot or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation.

13. LOT WIDTH. The shortest distance between lot lines measured at the midpoint of the building line.

14. NON-CONFORMITY. Any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.

15. ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape commonly that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top bank of the channel. For reservoirs and flowage, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

16. PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, as it may be amended from time to time.

17. SETBACK. The minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility.

18. SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.

19. SHORELAND. Land located within 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.

20. STEEP SLOPE.

a. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this section.

b. Where specific information is not available, STEEP SLOPES are lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more.

21. STRUCTURE. Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities.

22. SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including planned unit developments.

23. VARIANCE. As defined or described in M.S. Chapter 462, as it may be amended from time to time.

24. WETLAND. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 Edition).

(Ord. 296, Second Series, passed 7-11-93)

Subd. 8. Development standards.

A. The following standards shall apply to all shorelands of all public waters within the city.

B. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply:

Unsewered

Sewered

Minimum lot width (ft.)
Single-family	100	75
Duplex	150	115
Triplex	200	150
Quad	250	190
Minimum structure setback from ordinary high water level (ft.)*	100	50
Maximum impervious surface lot coverage (40% if in or near central business district)	25%	25%
Minimum structure setback from right-of-way line of any federal, state or county highway (ft.)	50	50
Minimum structure setback from right-of-way line of any public street or others not classified (ft.)	20	20
Maximum height of structures in an R district (ft.)	25	25
NOTES TO TABLE:
* - Where structures exist on adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks.
* - 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.

C. Deck must meet structure setback requirements unless all of the following criteria and standards are met:

1. 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.

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

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

D. Roads and driveways must meet structure setbacks, not be located in shore impact zone and meet shoreland alteration standards of Subd. 12.

(Ord. 323, Second Series, passed 8-22-94)

Subd. 9. Water supply and sewage treatment.

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

B. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

1. Publicly owned sewer systems must be used where available.

2. All private sewage treatment systems must meet or exceed the MPCA’s standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Minn. Rules Chapter 7080”, a copy of which is hereby adopted by reference and declared to be a part of this section.

3. On-site sewage treatment systems must be set back 75 feet from the ordinary high water level.

4. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in Items a. through d. below. If the determination of a site’s suitability cannot be made publicly available with existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigators.

a. Depth to the highest known or calculated ground water table or bedrock;

b. Soil conditions, properties and permeability;

c. Slope;

d. The existence of lowlands, local surface depressions and rock outcrops;

5. Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with this section.

Subd. 10. Design criteria for structures. Structures must be placed in accordance with any floodplain regulations applicable to the site.

Subd. 11. Non-conforming and substandard uses and substandard lots.

A. Non-conforming uses. All sanitary facilities inconsistent with City Code § 3.30, Subd. 2, shall be brought into conformity or discontinued within 90 days after date of official notice to do so. Any non-conforming sanitary facility found to be a public nuisance shall be brought into conformity or discontinued within 30 days after receiving written notice from the Zoning Administrator. All other nonconforming uses shall be subject to § 11.80 of this chapter.

B. Substandard uses. Any uses of shorelands in existence prior to the effective date of this section, July 11, 1993, which are permitted within the applicable zoning district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this section are substandard uses. Substandard uses, including substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a substandard uses which will increase the substandard dimensions shall not be allowed.

C. Substandard lots. Lots of record in the office of the County Recorder prior to the effective date of this section, July 11, 1993, which do not meet the requirements of this subdivision may be allowed as building sites, provided:

1. Such use is permitted in the zoning district.

2. The lot is in separate ownership from abutting lands.

3. All other sanitary and dimensional requirements of this section are complied with insofar as practical.

Subd. 12. Shoreland alterations.

A. The removal of natural vegetation shall be restricted to prevent erosion into public waters, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions:

1. Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water.

2. Clear cutting of natural vegetation shall be prohibited.

3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion.

4. Vegetation removal incidental to construction associated with a permitted use is allowed.

B. Grading and filling in shoreland areas of any alterations of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water must be authorized by a conditional use permit. The permit may be granted subject to the conditions that:

1. The smallest amount of bare ground is exposed for as short a time as possible.

2. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted.

3. Methods to prevent erosion and trap sediment are employed.

4. Fill is stabilized to accepted engineering standards.

C. Permits for alterations requiring work in steep slopes shall be issued only after the City Engineer’s approval of construction plans and methods.

D. Excavations on shoreland where the intended purpose is connection to a public water shall require a permit from the Zoning Administrator before construction is begun. The permits may be obtained only after the Commissioner of the Minnesota Department of Natural Resources has issued a permit for work in the beds of public waters.

E. Prior to issuing a city permit, the city shall determine whether a wetland permit is necessary and whether review or approvals of other local, state or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Corps of Engineers. The applicant will be so advised.

Subd. 13. Stormwater management. The following general and specific standards shall apply:

A. General standards.

1. When possible, existing natural drainage ways, wetlands, 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 and protected as soon as possible and facilities or methods to retain sediment on the site.

3. 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 man-made materials and facilities.

B. Specific standards.

1. Impervious surface coverage 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 they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

3. New constructed stormwater outfalls to public waters may provide filtering or settling of suspended solids and skimming of surface debris before discharge.

Subd. 14. Administration.

A. Permits required.

1. A permit is required for the construction of buildings or building additions (and including such related activities as construction of deck and signs), the installation and/or alteration of sewage treatment systems and those grading and filling activities not exempted. Application for a permit shall be made to the City Planner on the forms provided. The application shall include the necessary information so that the Building official can be determine the sites’ suitability for the intended use and that a compliant sewage treatment system will be provided.

2. A permit authorizing an addition to an existing structure shall stipulate that an identified non-conforming sewage treatment system, as defined by Subd. 9, shall be reconstructed or replaced in accordance with the provisions of this section.

B. Zoning permits. The City Planner shall issue a zoning permit for each activity requiring a permit as specified in Subpar. A above. This permit will specify that the use of land conforms to the requirements of this section. Any use, arrangement or construction at variance with that authorized by permit shall be deemed a violation of this section.

C. Variances.

1. Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this section. 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 granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Planning Commission and Council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations and the characteristics of development on adjacent properties.

2. The Planning Commission and the Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. 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, required in Subd. 15 below, shall also include the Planning Commission’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.

Subd. 15. Notification requirements. The Zoning Administrator shall send copies of all proposed inconsistent plats and notices of public hearings for variances, City Code amendments and conditional uses to the appropriate DNR office at least ten days prior to the hearings. In addition, copies of final decisions concerning plats, variances, City Code amendments and conditional uses shall be sent to the DNR office within ten days of the final decisions.

(Ord. 296, Second Series, passed 7-11-93) (`80 Code, § 11.66)