HomeMy WebLinkAboutTITLE 13 Planning and Development
TITLE 13
PLANNING AND DEVELOPMENT
Subject Chapter
Splitting Lots, Parcels Or Tracts Of Land Generally .1A
Splitting Lots, Parcels Or Tracts Of Land Within
Rural Reserve ………………………………………….1B
Agricultural Preservation ........................................... 2
Planned Unit Development (PUD) ............................. 3
Shoreland Management ............................................ 4
Bluffland And Riverland Development ....................... 5
Buffer Strips And Standards For Protection
Of Wetlands And Storm Water Ponds ...................... 6
CHAPTER 1A
SPLITTING LOTS, PARCELS OR TRACTS OF LAND GENERALLY
SECTION:
13-1A-1: Definition
13-1A-2: Minimum Lot Requirements
13-1-3: Frequency Of Splitting Lots
13-1A-4: Application For Lot Split
13-1A-5: Fees
13-1A-6: Review
13-1A-7: Variances
13-1A-8: Compliance With Provisions
13-1A-9: Application And Term Of Provisions; Conflicts
13-1A-10: Enforcement And Penalty
13-1A-1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of
land into not more than two (2) parcels when both divided parcels meet or
exceed the minimum requirements for platted lots in the applicable zoning
district. (Amended Ord. 40, 8-16-1977)
13-1A-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth
and square footage as required for any parcel of land in the zoning district
wherein the lot is located. (Amended Ord. 40, 8-16-1977)
13-1A-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year
period. A three (3) year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits under this chapter.
(Amended Ord. 40, 8-16-1977)
A. Exceptions. A lot split may be applied for within the three (3) year waiting
period provided the following conditions are met:
1. The property owner has owned the property for more than five years.
2. A one year waiting period shall be required between splits.
3. A maximum of three lots shall be created including the original lot.
4. City infrastructure and utilities such as sanitary sewer, storm sewer,
water main and streets are in place.
5. Grading, drainage and erosion control plans shall be prepared that
properly address how drainage will be handled on the site as well as
the affect on adjacent properties to the satisfaction of the City.
(Amended 431, 10-15-13)
13-1A-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100') of
subject property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3)
years.
G. Such other information as may be required to fully represent the intent of
the lot split. (Amended Ord. 40, 8-16-1977)
13-1A-5: FEES: All applicable fees shall be paid as required by the City of
Andover Fee Schedule. (Amended Ord. 561, 5/7/24)
13-1A-6: REVIEW:
A. Review of Lot Split: The City Administrator or their designee shall
have the authority to administratively approve lot split applications
which meet the minimum requirements established by the Andover
City Code and accept dedication of easements required by the City
Code or the City Engineer on behalf of the City Council. The City
Administrator or their designee shall also have the authority to
administratively deny lot split applications which do not meet the
minimum requirements established by the Andover City Code.
(Amended Ord. 561, 5/7/24)
B. Record Of Lot Split: The lot split, together with a certified copy of
the resolution, shall thereafter be filed with the County Recorder's
office. (Amended Ord. 561, 5/7/24)
C. Time Limit On Implementing Lot Split: If the City Council determines that
the conditions of approval are not met within twelve (12) months, the lot
split will be null and void. (Amended Ord. 40, 8/16/1977; Amended Ord.
561, 5/7/24)
13-1A-7: VARIANCES: Variances from the requirements of this title, Title
11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted
by the City Council as provided in City Code 12-15-9, except that any variance
request shall be made as a part of the lot split approval process. (Amended Ord.
407, 6/21/11; Amended Ord. 561, 5/7/24)
13-1A-8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with
utilities hookup, payment of levied and pending assessments, and
performance of any other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or
parcel for the purpose of sale, transfer, or lease with the intent of evading
the provisions of this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise
convey said parcel with the intent of evading the provisions of this chapter
or circumventing attempts to plat acreage or otherwise subdivide tracts of
land within the city. (Amended Ord. 40, 8-16-1977)
13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for
which it is in effect. This chapter, during its effective period, shall replace
and supersede provisions in all other ordinances and regulations
applicable to the city which are in conflict or inconsistent with the
provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this chapter shall continue in full
force and effect.
13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as defined by state law. The lot
splitting not in accordance with the requirements of this chapter may be enforced
by mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction. (Amended Ord. 40, 8-16-1977)
CHAPTER 1B
SPLITTING LOTS, PARCELS OR TRACTS OF LAND WITHIN THE RURAL
RESERVE DISTRICT
SECTION:
13-1B-1: Definition
13-1B-2: Minimum Lot Requirements
13-1B-3: Frequency Of Splitting Lots
13-1B-4: Application For Lot Split
13-1B-5: Fees
13-1B-6: Review And Recommendations
13-1B-7: Variances
13-1B-8: Compliance With Provisions
13-1B-9: Application And Term Of Provisions; Conflicts
13-1B-10: Enforcement And Penalty
13-1B-1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of
land into more than four (4) parcels when both divided parcels meet or exceed
the minimum requirements for platted lots in the applicable zoning district.
13-1B-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth
and square footage as required for any parcel of land in the zoning district
wherein the lot is located.
13-1B-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year
period. A three (3) year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits under this chapter.
A. Exceptions. A lot split may be applied for within the three (3) year waiting
period provided the following conditions are met:
1. The property owner has owned the property for more than five years.
2. A one year waiting period shall be required between splits.
3. A maximum of three lots shall be created including the original lot.
4. City infrastructure and utilities such as sanitary sewer, storm sewer,
water main and streets are in place.
5. Grading, drainage and erosion control plans shall be prepared that
properly address how drainage will be handled on the site as well as
the affect on adjacent properties to the satisfaction of the City.
(Amended 431, 10-15-13)
13-1B-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100') of
subject property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3)
years.
G. Floodplain shall be identified if applicable within the lot(s) proposed to
have a home. An overlay may be used on the remnant parcel.
H. Existing topography shall be shown along with proposed grading of the
site (if necessary). Light Detection And Ranging (LIDAR) contour
information may be used for the remnant parcel.
I. Wetland delineation for the lot(s) that intend to have homes located on
them. National Wetland Information (NWI) is acceptable for the remnant
parcel.
J. When a lot split results in a lot less than 10 acres in size, the applicant
shall restrict future development of homes through a development
agreement until defined “triggers” are met such as: urban services are
available, rezoning of said parcel to a higher density, change in the
comprehensive plan to a zoning district that would allow higher density,
among other “triggers” as may be deemed appropriate by the City Council
on the remnant parcel.
K. Proof of sewerability for lots proposed to have home(s).
L. Geotechnical Report. A standard geotechnical report with a history and
recommendations regarding the sites. In addition, the report shall include
SCS soil types, mottled soil elevations or highest anticipated water table,
existing groundwater elevation, and soil borings to a minimum depth of 20
feet for the lots proposed to have homes on them.
M. Other information may be required to fully represent the intent of the lot
split.
13-1B-5: FEES:
A. There shall be a single charge as set forth by ordinance plus
consultant's fees, if any, for a lot split application1.
B. Where parkland was dedicated or a park fee paid at the time the original
parcel was created, there shall be no park fee assessed or land
dedicated at the time of the lot split application. If no park fees have
been assessed nor land dedicated as above, the fee, as set forth by
ordinance for each lot created under this chapter, may be assessed for
park fees2.
13-1B-6: REVIEW AND RECOMMENDATIONS:
A. If a parcel is greater than 35 acres and is described by the rectangular
survey system as a quarter, quarter section, at the time of adoption of this
ordinance then that quarter, quarter is eligible for 4 units.
B. A parcel greater than 35 acres and described by the rectangular survey
system as a quarter, quarter section, may be split into 4 equal parts and
shall not be required to restrict future development.
C. Splits that do not create parcels less than 10 acres in size, and do not
require public improvements (i.e. new roadways, construction of
roadways) shall not be required to a public hearing process, Planning
Commission Review, or City Council Review.
D. Andover Review Committee (ARC): All proposed lot splits shall first be
reviewed by ARC. The applicant shall make modifications based upon
ARC’s comments and then resubmit for consideration at a Public Hearing
for Planning and Zoning. For splits that do not create parcels less than 10
acres in size, and do not require public improvements (i.e. new roadways,
construction of roadways) ARC shall provide approval or denial of said
splits.
E. Notice To Adjacent Property Owners: Upon receipt of a completed
application for a lot split, the Community Development Director shall notify
by mail all property owners within three hundred fifty feet (350') of the
property of the date of the public hearing at the Planning Commission of
such lot split.
F. Planning And Zoning Commission Review: The Planning and Zoning
Commission for its review and recommendation shall conduct a public
1 See subsection 1-7-3H of this code.
2 See subsection 1-7-3G of this code.
hearing. Such recommendations shall consider land uses, traffic control,
zoning regulation, future developments, and conformance with the
comprehensive development plan, and any other criteria deemed pertinent
by the Planning and Zoning Commission.
D. Planning And Zoning Commission Recommendation To City Council: The
Planning Commission shall hold a public hearing and provide for a
recommendation to the City Council. The division of a lot may be
recommended for approval; provided that such split is in conformance with
the City Comprehensive Plan, does not interfere with orderly planning, is
not contrary to the public interest and does not nullify the intent of this
chapter.
E. City Council Action:
1. Following review and recommendation by the Planning and Zoning
Commission, the request for a lot split shall be placed on the agenda of
the City Council in the following manner:
a. Recommendations from the Planning and Zoning Commission
meeting held on the second Tuesday shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
b. Recommendations from the Planning and Zoning Commission
meeting held on the fourth Tuesday shall be placed on the agenda
of the City Council at the third Tuesday meeting of the following
month, unless there are five (5) Tuesdays in the given month from
which the recommendation of the Planning and Zoning Commission
is made, in which case, the recommendation shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
2. Within sixty (60) days following receipt of the proposed lot split from the
Planning and Zoning Commission, the Council shall approve or
disapprove by resolution. If approved, a certified copy of the resolution
approving the lot split shall be forwarded to the petitioner.
F. Record Of Lot Split: The lot split, any deed restrictions required,
any easements required, together with a certified copy of the
resolution, shall thereafter be filed with the County Recorder's
office.
G. Time Limit On Implementing Lot Split: If the City Council determines that
the conditions of approval are not met within twelve (12) months, the lot split will
be null and void.
13-1B-7: VARIANCES: Variances from the requirements of this title, Title
11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted
by the City Council as provided in City Code 12-14-7, except that any variance
request shall be made as a part of the lot split approval process.
13-1B-8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with
utilities hookup, payment of levied and pending assessments, and
performance of any other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or
parcel for the purpose of sale, transfer, or lease with the intent of evading
the provisions of this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise
convey said parcel with the intent of evading the provisions of this chapter
or circumventing attempts to plat acreage or otherwise subdivide tracts of
land within the city.
13-1B-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for
which it is in effect. This chapter, during its effective period, shall replace
and supersede provisions in all other ordinances and regulations
applicable to the city which are in conflict or inconsistent with the
provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this chapter shall continue in full
force and effect.
13-1B-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as defined by state law. The lot
splitting not in accordance with the requirements of this chapter may be enforced
by mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction.
CHAPTER 2
AGRICULTURAL PRESERVATION
SECTION:
13-2-1: Findings Of Fact
13-2-2: Purpose
13-2-3: Definitions
13-2-4: Agricultural Preservation District
13-2-5: Variances
13-2-6: Violation; Penalty
13-2-1: FINDINGS OF FACT: The governing body does hereby find that
the land in the city for which the logical and proper use is agriculture is
threatened by rapid expanding growth and urban development. The governing
body further finds that urban development must be accommodated in a logical
and orderly fashion in order to minimize the conflicts between urban and
agricultural uses. The governing body further finds that the development and
urbanization of high quality agricultural land is detrimental to the Comprehensive
Plan of the City. (Amended Ord. 57, 2-2-1982; amd. 2003 Code)
13-2-2: PURPOSE: It is the purpose of this chapter to identify and classify
such lands in the city for which the logical and proper long term use is agriculture
and to preserve and protect said agricultural uses pursuant to Minnesota
Statutes Chapter 473H. (Amended Ord. 57, 2-2-1982)
13-2-3: DEFINITIONS: In addition to the following, all other definitions
contained in Title 12 of this code shall also be applicable to this chapter1:
ACCESSORY A structure or portion of a structure subordinate to
STRUCTURE: and serving the principal use or structure on the
same lot and customarily incidental thereto.
CAPITAL An itemized program for a five (5) year prospective
IMPROVEMENT period, subject to at least biennial review, setting
PROGRAM: forth the schedule, timing and details of specific
contemplated public improvements by year, together
with their estimated cost, the need for each
improvement, financial sources, and the financial
1 See title 12, chapter 2 of this code.
impact that the improvements will have on the local
governmental unit.
COMMERCIAL The use of land for the growing and/or production of
AGRICULTURE: field crops, livestock, and livestock products for the
production of income including, but not limited to,
the following:
A. Field crops, including: barley, soy beans, corn, hay,
oats, potatoes, sorghum, sunflowers and vegetables.
B. Livestock, including: dairy and beef cattle, goats,
horses, sheep, hogs, poultry, game birds and other
animals including ponies, deer, rabbits, and mink.
C. Livestock products, including: milk, butter, cheese,
eggs, meat, fur and honey.
COMPREHENSIVE A plan adopted by the city describing, designating
SEWER POLICY PLAN: and scheduling the areas to be sewered by the
public system, the existing and planned capacities of
the public system, the standards and conditions
under which the installation of private sewer systems
will be permitted and, to the extent practicable, the
areas not suitable for public or private systems
because of public health, safety and welfare
considerations.
DRAINAGE SYSTEM: Any natural or artificial feature or structure used for
the conveyance, drainage, or storage of surface
and/or underground water, including, but not limited
to, streams, rivers, creeks, ditches, channels,
conduits, gullies, ravines, washes, lakes or ponds
and structures such as culverts, drainage tile,
dams, bridges and water storage basins.
DRIVEWAYS: A private road or path for vehicle access to a
public road, which is wholly located on the
parcel that is afforded access.
DWELLING UNIT: A residential building or portion thereof intended for
occupancy by a family but not including hotels,
motels, boarding or rooming houses, tourist homes
or trailers. It shall include manufactured homes.
FARM: Real property used for commercial agriculture or
horticulture comprising at least forty (40) acres of
either contiguous or noncontiguous acreage, all of
which is owned and operated by a single family,
family corporation, individual or corporation. Separate
parcels must meet the minimum size requirements set
out in Minnesota Statutes Section 473H.03,
Subdivision 2, i.e., ten (10) acres.
FARM ANIMALS: Animals and poultry commonly kept for productive
purposes on a farm, such as cattle, hogs, sheep,
goats, chickens, and other similar animals.
FARM BUILDING: Any building or accessory structure other than a
farm or non-farm dwelling which is used in a
farming operation, including, but not limited to, a
barn, granary, silo, farm implement storage building
or milk house.
FEEDLOT: An area where fifteen (15) or more farm animals are
confined.
HISTORIC SITE: Structure or area of land or water of historic,
archeological, paleontological or architectural value
which has been designated as an historic site in the
Federal Register of Historical Landmarks, the
Minnesota Historical Society, or by the City.
HOME OCCUPATION: Any gainful occupation or profession engaged in by
the occupant of a dwelling at or from the dwelling
when carried on within a dwelling unit and not in an
accessory building; provided that no signs other than
those normally utilized in residential districts are
present, no stock in trade is stored on the premises,
over the counter retail sales are not involved, and
entrance to the home occupation is gained from
within the structure 1.
HORTICULTURE: The use of land for the growing or production for
income of fruits, vegetables, flowers, nursery
stock, including ornamental plants and trees, and
1 See title 12, chapter 10 of this code for home occupation regulations.
cultured sod.
IRRIGATION SYSTEM: Any structure or equipment, mechanized or other,
used to supply water for commercial agriculture or
horticulture, including, but not limited to, wells, pumps,
motors, pipes, culverts, gates, dams, ditches, tanks,
ponds, and reservoirs.
PARCEL: A separate area of land, including a lot, having
specific boundaries and capable of being conveyed
and recorded.
QUARTER-QUARTER
SECTION: The northeast, northwest, southwest or southeast
quarter of a quarter section delineated by the United
States government system of land survey and which
is exactly or nearly forty (40) acres in size.
RELATIVES: Father, mother, spouse, brother, sister, son,
daughter, son-in-law, daughter-in-law.
ROAD: A public thoroughfare, including, without limitation,
streets, highways, freeways, parkways,
thoroughfares, roads, avenues, boulevards, lanes,
or places, however described, but not including
private driveways or routes.
STRUCTURE: Anything erected, the use of which requires more or
less permanent location on the ground, or attached to
something having a permanent location on the
ground. This shall include signs. (Amended Ord. 57,
2-2-1982; amd. 2003 Code)
13-2-4: AGRICULTURAL PRESERVATION DISTRICT:
A. District Designated And Established:
1. The AgP Agricultural Preservation zoning district, together with the
applicable requirements contained herein, is hereby established as a part
of the Zoning Ordinance of the City 1.
2. The locations and boundaries of the district established by this
chapter shall be set forth on the zoning map of the City and said map is
hereby made a part of this chapter2. Said map, consisting of sheets, and
1 See also section 12-3-2 of this code.
2 See also section 12-3-5 of this code.
all notations, references and data shown thereon, is hereby incorporated
by reference into this chapter and shall be made as much a part of it as if
all were fully described herein. The zoning map shall be kept on file in the
Zoning Administrator's office.
B. Intent: This district is intended to contain those areas of Andover where
it is necessary and desirable, because of the high quality of the soils,
availability of water, and/or highly productive agricultural capability, to
preserve, promote, maintain, and enhance the use of the land for
agricultural purposes and to protect such land from encroachment by
nonagricultural uses, structures, or activities. It is also intended that
those areas within the Metropolitan Urban Service Area boundary that
are determined by the City Council to be unfeasible because of soils and
other geological factors for residential, commercial or industrial purposes
be allowed the same protection.
C. Permitted Uses And Structures: The following uses shall be permitted by
right:
Commercial agriculture and horticulture.
Farm buildings.
Farm drainage and irrigation systems.
Forestry.
Historic sites.
Permanent single-family dwelling units that do not exceed a density of one
per quarter-quarter section.
1. The single-family dwelling unit shall be located on a separate
parcel that is at least two and one-half (2 1/2) acres in size.
2. The parcel on which the single-family dwelling unit is located
must have at least three hundred feet (300') of frontage along a
road that has been accepted and is maintained by the city.
3. The driveway serving the parcel shall be separated from
adjacent driveways on the same side of the road by the following
distances depending upon road types:
Local road ........................................................ 100 feet
Collector road .................................................. 300 feet
Minor arterial ................................................... 500 feet
Minimum distance from intersection
of 2 or more of the above ................................ 100 feet
4. The single-family dwelling unit shall be set back at least seventy-
five feet (75') from the road right-of-way.
D. Permitted Accessory Uses And Structures: The following accessory
uses and structures shall be permitted:
Uses and structures that are customarily accessory and clearly incidental
and subordinate to permitted uses and structures, including:
Dwelling units that are temporarily occupied by seasonal workers
who are employed on the agricultural property where they are
located. Such dwelling units shall not be occupied during the time
that the agricultural property is not being actively farmed.
Landscaping items.
Playhouses, swimming pools, and storage buildings appurtenant to
single-family dwellings.
Private garages. (Amended Ord. 57, 2-2-1982)
E. Conditional Uses: The following Conditional Uses may be approved by
the City in the AgP Agricultural Preservation district; provided that the
provisions and requirements of Subsection F of this section are fulfilled:
Agricultural service establishments primarily engaged in performing
agricultural animal husbandry or horticultural services on a fee or contract
basis including, but not limited to, corn shelling, hay baling and threshing;
sorting, grading and packing fruits and vegetables for the grower;
agricultural produce milling and processing; horticultural services; crop
dusting; fruit picking; grain cleaning; land grading; harvesting and plowing;
farm equipment service and repair; veterinary services and supplies and
structures for the sale of agricultural produce grown on the site.
Feedlot and poultry facilities.
Home occupations.
Public utility and public service structures including electric transmission
and distribution lines, substations, gas regulator stations, communications
equipment buildings, pumping stations and reservoirs. (Amended Ord. 57,
2-2-1982; amd. 2003 Code)
F. Standards For Granting Conditional Use Permits: No Conditional Use
Permit shall be issued by the City unless, following review and written
findings, it is determined that the proposed use satisfies the following
conditions:
1. The use shall not be one to which the noise, odor, dust, or chemical
residues of commercial agriculture or horticulture might result in creation
or establishment of a nuisance or trespass.
2. All agricultural service establishments shall be located at least three
hundred feet (300') from any driveway affording access to a farm dwelling
and at least five hundred feet (500') from any single-family dwelling.
3. All agricultural service establishments may require screening from the
public view on the perimeter of the establishment by a solid fence, wall, or
natural vegetation of not less than eight feet (8') in height.
4. An agricultural service establishment shall be incidental and necessary
to the conduct of agriculture within the district.
5. Public utility and service structures shall be located and constructed at
such places and in such manner that they will minimize segmenting land
of any one farm and will not interfere with the conduct of agriculture by
limiting or interfering with the access to fields or the effectiveness and
efficiency of the farmer and farm equipment including crop spraying
aircraft.
G. Prohibited Uses And Structures: All other uses and structures that are
not specifically permitted by right or by Conditional Use Permit shall be
prohibited in the AgP Agricultural Preservation district. (Amended Ord.
57, 2-2-1982)
H. Minimum Lot Sizes, Yard Requirements And Structure Spacings:
Minimum lot sizes, yard requirements and structure spacings shall be as
set forth in Subsection C of this section, entry reading "Permanent single-
family dwelling units..."
I. Application In Scenic River District: Whenever property is zoned for
AgP within the Scenic River District, the most restrictive provisions of
this Chapter and Chapter 5 of this title shall apply. (Amended Ord. 57,
2-2-1982; amd. 2003 Code)
13-2-5: VARIANCES:
A. Variances Authorized: Variances to the strict provisions of this chapter
may be granted as provided in City Code 12-14-7. (Amended Ord. 407, 6-
21-11)
B. Appeals Authorized: The petitioner, may appeal an interpretation of this
chapter by an employee of the city as provided in City Code 12-14-9. If
the appeal is upheld, the petitioner shall not be subject to the required fee.
(Amended Ord. 57, 2-2-1982; Amended Ord. 407, 6-21-11)
13-2-6: VIOLATION; PENALTY: Any person, firm, corporation or voluntary
association which violates or refuses to comply with any of the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished as defined by state law. (Amended Ord. 57, 2-2-1982)
CHAPTER 3
PLANNED UNIT DEVELOPMENT (PUD)
SECTION:
13-3-1: Purpose
13-3-2: Utilization of PUD
13-3-3: PUD Concept Review
13-3-4: Uses
13-3-5: Density
13-3-6: Zoning And Subdivision Standards And Requirements
13-3-7: Approval Process
13-3-8: Fees And Costs
13-3-9: Findings Required
13-3-10: Revisions And Amendments
13-3-11: Desirable PUD Design Qualities
13-3-12: Approval Of Planned Unit Development
13-3-1: PURPOSE: The purpose of a PUD is to encourage more efficient
allocation of density and intensity of land use where such arrangement is
desirable and feasible by providing the means for greater creativity and flexibility
in environmental design than provided under the strict application of this code. It
must be demonstrated to the satisfaction of the City Council that a higher quality
development will result than could be otherwise achieved through strict
application of this code. (Ord. 298, 8-4-2004)
13-3-2: UTILIZATION OF PUD: Planned Unit Development (PUD)
regulations may be allowed by the City Council to be applied and/or utilized for all
developments including the following: townhomes, single- and two-family homes
(both urban and rural), apartment projects, multiuse structures, commercial
developments, industrial developments, mixed residential and commercial
developments and similar projects. (Ord. 298, 8-4-2004)
13-3-3: PUD CONCEPT REVIEW: Any person or persons who may apply
for a PUD may request a concept review with respect to land which may be
subject to a PUD. The purpose of a PUD concept review is to afford such
persons an opportunity, without incurring substantial expense, to have the
general feasibility of a PUD proposal considered. PUD concept reviews shall
follow the sketch plan procedures provided in Section 11-2-1 of this code. (Ord.
298, 8-4-2004)
13-3-4: USES: Planned Unit Developments shall be required to conform to
the permitted and conditional uses set forth in Title 12 of this code pertaining to
the applicable zoning district. (Ord. 298, 8-4-2004)
13-3-5: DENSITY: The density of residential developments shall be
required to conform to the applicable land use district. (Ord. 298, 8-4-2004)
13-3-6: ZONING AND SUBDIVISION STANDARDS AND
REQUIREMENTS: All standards and provisions relating to an original zoning
district shall apply, unless otherwise approved as a part of the PUD. All
standards may be modified or waived provided the applicant demonstrates
harmony with the purpose of the PUD and the findings described in Section 13-3-
9 of this chapter. (Ord. 298, 8-4-2004)
13-3-7: APPROVAL PROCESS: An applicant for a PUD shall submit in
the application all of the material required by this chapter. Each PUD requested
must adhere to the following process:
A. Permitted and conditional uses shall follow the Conditional Use Permit
procedures provided in Section 12-14-6 of this code to establish the
development standards for the PUD. These uses shall also complete the
commercial site plan process once the Planned Unit Development has
been approved. (Amd. 2/20/07, Ord. 341)
B. Applications involving the subdivision of land shall complete a
preliminary and final plat under the procedures provided in Title 11,
"Subdivision Regulations", of this code. (Ord. 298, 8-4-2004)
13-3-8: FEES AND COSTS: Applications for a PUD shall be filed at the
office of the City Planner along with a nonrefundable application fee for the
approval process specified in Sections 13-3-3 and 13-3-7 of this chapter in the
amount established by the City Council to defray administrative costs. (Ord. 298,
8-4-2004)
13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City
shall find that the following are present:
A. The proposed development is not in conflict with the goals of the
Comprehensive Plan of the city.
B. The proposed development is designed in such a manner as to form a
desirable and unified environment within its own boundaries.
C. The proposed development demonstrates how each modified or
waived requirement contributes to achieving the purpose of a
PUD.
D. The PUD is of composition, and arrangement that its construction,
marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. (Ord. 298, 8-4-2004)
13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of
incidental changes in the PUD may be authorized by the City Planner upon
review and approval by ARC. Such administrative approvals shall not
substantially alter the character of the approved PUD and shall be limited to
landscaping (not including quantity reduction), color schemes (not including
materials), association documents, fencing, entrance monuments and decks.
Changes in uses or development/design standards must be submitted for a full
public hearing review process. (Amended Ord. 314, 10-4-2005)
13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design
qualities will be sought in any PUD:
A. Achieves efficiency in the provision of streets and utilities and preserves
area to achieve the elements of design qualities described in this chapter.
B. Provides convenient and safe access for vehicles and pedestrians and
all types of activity that are anticipated to be a part of the proposed
development.
C. Provides a buffer between different uses, adjacent properties, roadways,
between backyards of back-to-back lots.
D. Preserves existing stands of trees and/or significant trees.
E. Provides considerable landscaping treatments that complement the
overall design and contribute toward an overall landscaping theme.
F. Preserves significant usable space on individual lots or through the
provision of open space within the development.
G. Provides an attractive streetscape through the use of undulating
topography, landscaping, decorative street lighting, decorative mailbox
groupings, retaining walls, boulders, fencing, area identification signs,
etc.
H. The proposed structures within the development demonstrate quality
architectural design and the use of high quality building materials for
unique design and detailing.
I. The lasting quality of the development will be ensured by design,
maintenance and use guidelines established through an owners'
association. (Ord. 298, 8-4-2004)
13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The
developer must demonstrate that the amenities and qualities of the Planned Unit
Development are beneficial and in the public interest to allow the development to
be approved. A substantial amount of the design qualities identified in Section
13-3-11 of this chapter shall be found to be present in order to approve a PUD.
The amount of amenities and type of qualities that constitute an acceptable PUD
are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004)
13:3-13: REDEVELOPMENT PUDs: A property owner may apply for a
redevelopment PUD for their property, if the property meets the criteria outlined
in this section. Such redevelopment PUDs shall only be used for lot splits.
PUDs on all other subdivisions shall follow the normal PUD requirements laid out
in this chapter. All provisions of City Code chapter 13-3 shall apply to
redevelopment PUDs except for section 13-3-11. A redevelopment PUD may be
permitted if the subject property meets the following standards:
A. The existing principal structure on the property is at least 30 years old, or
does not meet current building codes, or has a blighting effect on the
surrounding neighborhood, and will be removed as part of the
redevelopment of the property.
B. The houses built on the new lots would be similar in size and architectural
design to those in the surrounding neighborhood. Architectural plans must
be included in the application for a redevelopment PUD and approved by
the Council. (Amd. 2/20/07, Ord. 341)
CHAPTER 4
SHORELAND MANAGEMENT 1
SECTION:
13-4-1: Statutory Authorization And Policy
13-4-2: General Provisions
13-4-3: Definitions
13-4-4: Administration And Enforcement
13-4-5: Shoreland Classification System and Land Use Districts
13-4-6: Zoning And Water Supply/Sanitary Provisions
13-4-7: Nonconformities
13-4-8: Subdivision And Platting Provisions
13-4-9: Planned Unit Developments (PUDs)
13-4-1: STATUTORY AUTHORIZATION AND POLICY:
A. Statutory Authorization: This chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes Chapter 103F,
Minnesota Regulations Parts 6120.2500 to 6120.3900, and the planning
and zoning enabling legislation in Minnesota Statutes Chapter 462. (Ord.
108, 9-20-1994; amd. 2003 Code)
B. Policy: The uncontrolled use of shorelands of the city affects the public
health, safety, and general welfare, not only by contributing to 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 State Legislature has delegated responsibility to local
governments of the state to regulate the subdivision, use, and
development of the shorelands of public waters and thus preserve and
enhance the quality of surface waters, conserve the economic and natural
environmental values of shorelands, and provide for the wise use of
waters and related land resources. This responsibility is hereby
recognized by the City. (Ord. 108, 9-20-1994)
13-4-2: GENERAL PROVISIONS:
A. Jurisdiction: The provisions of this chapter shall apply to the shorelands
of the public water bodies as classified in Section 13-4-5 of this chapter.
Pursuant to Minnesota Regulations Parts 6120.2500 to 6120.3900, no
lake, pond, or flowage less than ten (10) acres in size in municipalities, or
1 See also title 12, chapter 12 of this code.
twenty five (25) acres in size in unincorporated areas need be regulated
in a local government's shoreland regulation. A body of water created by
a private user where there was no previous shoreland may, at the
discretion of the governing body, be exempt from this chapter.
B. Compliance: The use of any shoreland or 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 treatment
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 chapter and other applicable
regulations.
C. Interpretation And Application: In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements, and
shall be liberally construed in favor of the governing body, and shall not
be deemed a limitation or repeal of any other powers granted by State
Statutes.
D. Severability: If any section, clause, provision, or portion of this chapter is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
E. Abrogation And Greater Restrictions: It is not intended by this chapter to
repeal, abrogate, or impair any existing easement, covenants, or deed
restrictions. However, where this chapter imposes greater restriction,
the provisions of this chapter shall prevail. All other ordinances
inconsistent with this chapter are hereby repealed to the extent of the
inconsistency only. (Ord. 108, 9-20-1994)
13-4-3: DEFINITIONS: Unless specifically defined in this section, words or
phrases used in this chapter shall be interpreted so as to give them the same
meanings as they have in common usage and so as to give this chapter its most
reasonable application. For the purpose of this chapter, the words "must" and
"shall" are mandatory and not permissive. All distances, unless otherwise
specified, shall be measured horizontally.
ACCESSORY Any building or improvement subordinate to a
STRUCTURE OR principal use which, because of the nature of its
FACILITY: use, can reasonably be located at or greater than
normal structure setbacks.
BLUFF: A topographic feature, such as a hill, cliff, or
embankment, having the following characteristics
(an area with an average slope of less than 18
percent over a distance of 50 feet or more shall
not be considered part of the bluff):
A. Part or all of the feature is located in a
shoreland area;
B. The slope rises at least twenty-five feet (25') above
the ordinary high water level of the water body;
C. The grade of the slope from the toe of the bluff to a
point twenty-five feet (25') or more above the ordinary
high water level averages thirty percent (30%) or
greater; and
D. The slope must drain toward the water body.
BLUFF IMPACT ZONE: A bluff and land located within twenty feet (20') from
the top of a bluff.
BOATHOUSE: A structure designed and used solely for the
storage of boats or boating equipment.
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 extend.
COMMERCIAL PLANNED Are typically uses that provide transient, short term
UNIT DEVELOPMENTS: lodging spaces, rooms, or parcels, and their
operations are essentially service oriented. For
example: hotel/motel accommodations, resorts,
recreational vehicle and camping parks, and other
primarily service oriented activities are "Commercial
Planned Unit Developments".
COMMERCIAL USE: The principal use of land or buildings for the sale,
lease, rental, or trade of products, goods, and
services.
COMMISSIONER: The Commissioner of the Department of Natural
Resources of the state.
CONDITIONAL USE: A land use or development as defined by ordinance
that would not be appropriate generally, but may be
allowed with appropriate restrictions as provided by
official controls upon a finding that certain conditions
as detailed in the zoning ordinance exist, the use or
development conforms to the Comprehensive Land
Use Plan of the community, and the use is compatible
with the existing neighborhood.
DECK: A horizontal, unenclosed platform with or without
attached railing, seats, trellises, or other features,
attached or functionally related to a principal use
or site, and at any point extending more than
three feet (3') above ground.
DUPLEX, TRIPLEX, A dwelling structure on a single lot, having two (2),
AND QUAD: three (3), and four (4) units respectively, being
attached by common walls, and each unit equipped
with separate sleeping, cooking, eating, living, and
sanitation facilities.
DWELLING SITE: A designated location for residential use by one or
more persons using temporary or moveable shelter,
including camping and recreational vehicle sites.
DWELLING UNIT: Any structure or portion of a structure or other
shelter designed as short term or long term living
quarters for one or more persons, including rental
or timeshare accommodations such as motel,
hotel, resort rooms, and cabins.
EXTRACTIVE USE: The use of land for surface or subsurface removal
of sand, gravel, rock, industrial minerals, other
nonmetallic minerals, and peat, not regulated
under Minnesota Statutes Section 93.44 to 93.51.
FEEDLOT: An area where fifteen (15) or more non-domestic
animals are confined.
FOREST LAND The clear cutting of forested lands to prepare for a
CONVERSION: new land use other than reestablishment of a
subsequent forest stand.
GUEST COTTAGE: A structure used as a dwelling unit that may contain
sleeping spaces and kitchen and bathroom facilities
in addition to those provided in the primary dwelling
unit on a lot.
HEIGHT OF BUILDING: The vertical distance between the highest adjoining
ground level at the building, or ten feet (10') 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.
INDUSTRIAL USE: The use of land or buildings for the production,
manufacture, warehousing, storage, or transfer of
goods, products, commodities, or other wholesale
items.
INTENSIVE The complete removal of trees or shrubs in a
VEGETATION contiguous patch, strip, row, or block.
CLEARING:
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 said description for the
purpose of sale, lease, or separation.
LOT WIDTH: The shortest distance between lot lines measured at
the midpoint of the building line.
NONCONFORMITY: 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.
ORDINARY HIGH The boundary of public waters and wetlands, and
WATER LEVEL: shall be an elevation delineating the highest water
level which has been maintained for a sufficient
period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water
level is the elevation of the top of the bank of the
channel. For reservoirs and flowages, the ordinary
high water level is the operating elevation of the
normal summer pool.
PLANNED UNIT A development with alternative development
DEVELOPMENT (PUD): standards approved by the City Council to create a
higher quality development than might otherwise be
achieved through the strict application of this code.
The PUD is an overlay to the original zoning district;
and the use of a PUD allows the development to
waive or modify the standards of the original zoning
district.
PRACTICAL
DIFFICULTIES: As used in connection with the granting of a variance,
means that the property owner proposes to use the
property in a reasonable manner not permit by the
zoning ordinance; the plight of the landowner is due to
circumstances unique to the property not created by
the landowner; and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone do not constitute practical
difficulties. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for
solar energy systems. (Amended Ord. 407, 6-21-11)
PUBLIC WATERS: Any waters as defined in Minnesota Statutes, Section
103G.005, Subdivision 15.
SEMIPUBLIC USE: The use of land by a private, nonprofit
organization to provide a public service that is
ordinarily open to some persons outside the
regular constituency of the organization.
SENSITIVE RESOURCE The preservation and management of areas
MANAGEMENT: unsuitable for development in their natural state due
to constraints such as shallow soils over
groundwater or bedrock, highly erosive or expansive
soils, steep slopes, susceptibility to flooding, or
occurrence of flora or fauna in need of special
protection.
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.
SEWAGE TREATMENT
SYSTEM: A septic tank and soil absorption system or other
individual or cluster type sewage treatment system as
described and regulated in Subsection 13-4-6H of this
chapter.
SEWER SYSTEM: Pipelines or conduits, pumping stations, and force
main, and all other construction, devices,
appliances, or appurtenances used for conducting
sewage or industrial waste or other wastes to a point
of ultimate disposal.
SHORE IMPACT ZONE: Land located between the ordinary high water level of
a public water, and a line parallel to it at a setback of
fifty percent (50%) of the structure setback.
SHORELAND: Land located within the following distances from
public waters: one thousand feet (1,000') from the
ordinary high water level of a lake, pond, or flowage;
and three hundred feet (300') from a river or stream,
or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater.
The limits of shorelands may be reduced whenever
the waters involved are bounded by topographic
divides that extend landward from the waters for
lesser distances and when approved by the
Commissioner.
SIGNIFICANT HISTORIC Any archaeological site, standing structure, or other
SITE: property that meets the criteria for eligibility to the
National Register of Historic Places, or is listed in the
State Register of Historic Sites, or is determined to be
an unplatted cemetery that falls under the provisions
of Minnesota Statutes Section 307.08. A historic site
meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications
for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota
Historical Society. All unplatted cemeteries are
automatically considered to be significant historic
sites.
STEEP SLOPE: 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 chapter. Where specific information
is not available, "steep slopes" are lands having
average slopes over twelve percent (12%), as
measured over horizontal distances of fifty feet (50')
or more, that are not bluffs.
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.
SUBDIVISION: Land that is divided for the purpose of sale, rent, or
lease, including Planned Unit Developments.
SURFACE WATER The use of land for commercial purposes, where
ORIENTED access to and use of a surface water feature is an
COMMERCIAL USE: integral part of the normal conduct of business.
Marinas, resorts, and restaurants with transient
docking facilities are examples of such use.
TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with
an average slope exceeding eighteen percent
(18%).
TOP OF THE BLUFF: The higher point of a fifty foot (50') segment with an
average slope exceeding eighteen percent (18%).
VARIANCE: The same as that term is defined or described in
Minnesota Statutes Chapter 462.
WATER ORIENTED A small, aboveground building or other improvement,
ACCESSORY except stairways, fences, docks, and retaining walls,
STRUCTURE which, because of the relationship of its use to a
OR FACILITY: surface water feature, reasonably needs to be located
closer to public waters than the normal structure
setback. Examples of such structures and facilities
include boathouses, gazebos, screen houses, fish
houses, pump houses, and detached decks.
WETLAND: A surface water feature classified as a wetland in
the United States Fish and Wildlife Service
Circular No. 39 (1971 edition). (Ord. 108, 9-20-
1994; amd. 2003 Code; amd. 298, 8-4-2004)
13-4-4: ADMINISTRATION AND ENFORCEMENT 1:
A. Permit Requirements:
1. Permit Required: A permit is required for the construction of buildings or
building additions (and including such related activities as construction of
decks and signs), the installation and/or alteration of sewage treatment
systems, and those grading and filling activities not exempted by
Subsection 13-4-6C of this chapter. (Ord. 108, 9-20-1994)
2. Application For Permit: Application for a permit shall be made to the
Building Official on the forms provided. The application shall include the
necessary information so that the Zoning Administrator can determine the
site's suitability for the intended use and that a compliant sewage
treatment system will be provided. (Ord. 108, 9-20-1994; amd. 2003
Code)
3. Nonconforming Sewage Treatment System: Permits shall stipulate that
any identified nonconforming sewage treatment system, as defined by
1 See also section 14-1-14 of this code.
Subsection 13-4-6H of this chapter, shall be reconstructed or replaced in
accordance with the provisions of this chapter.
B. Certificate Of Zoning Compliance: The Zoning Administrator shall issue a
certificate of zoning compliance for each activity requiring a permit as
specified in Subsection A of this section. This certificate will specify that
the use of land conforms to the requirements of this chapter. Any use,
arrangement, or construction at variance with that authorized by permit
shall be deemed a violation of this chapter and shall be punishable as
provided in Subsection E of this section.
C. Notifications To Department Of Natural Resources:
1. Copies of all notices of any public hearings to consider variances,
amendments, or conditional uses under local shoreland management
controls must be sent to the Commissioner or the Commissioner's
designated representative and postmarked at least ten (10) days before
the hearings. Notices of hearings to consider proposed subdivisions/plats
must include copies of the subdivision/plat.
2. A copy of approved amendments and subdivisions/plats, and final
decisions granting variances of conditional uses under local shoreland
management controls must be sent to the Commissioner or the
Commissioner's designated representative and postmarked within ten (10)
days of final action.
D. Administration And Enforcement Official: The Zoning Administrator is
responsible for the administration and enforcement of this chapter.
E. Violation; Penalty: Any violation of the provisions of this chapter, or
failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of
variances of conditional uses), shall constitute a misdemeanor and shall
be punishable as defined by law. Violations of this chapter can occur
regardless of whether or not a permit is required for a regulated activity
pursuant to subsection A of this section. (Ord. 108, 9-20-1994)
13-4-5: SHORELAND CLASSIFICATION SYSTEM AND LAND
USE DISTRICTS:
A. Shoreland Classification System: The public waters of the city have been
classified in this subsection consistent with the criteria found in Minnesota
Regulations Part 6120.3300, and the "Protected Waters Inventory Map for
Anoka County, Minnesota". The shoreland area for the water bodies listed
in subsections A1 and A2 of this section shall be as defined in Section 13-
4-3 of this chapter, definition of "shoreland", and as shown on the official
zoning map.
Protected Waters
1. Lakes: Inventory ID Number
a. Natural environment lakes
b. Recreational development lakes
Unnamed T32N, R24W,
Sect. 36
DNR ID #2-74W
Ward Lake T32N, R24W,
Sect. 1, 2, 12
DNR ID #2-85P
Unnamed T32N, R24W,
Sect. 4
DNR ID #2-86W
Unnamed T32N, R24W,
Sect. 7
DNR ID #2-87W
(Lake Leeman) Unnamed
T32N, R24W, Sect. 12
DNR ID #2-88W
Bunker Lake T32N, R24W,
Sect. 35, 36 DNR ID #2-90P
c. General development lakes
Crooked Lake T32N, R24W,
Sect. 33
DNR ID #2-8P
Round Lake T32N, R24W,
Sect. 20, 29
DNR ID #2-89P
2. Rivers And Streams, See Ordinance 223
B. Land Use District Descriptions:
1. Criteria For Designation: The land use districts in Subsection B2 of this
section and the delineation of a land use district's boundaries on the
official zoning map must be consistent with the goals, policies, and
objectives of the Comprehensive Land Use Plan and the following criteria,
considerations, and objectives:
a. General Considerations And Criteria For All Land Uses:
(1) Preservation of natural areas;
(2) Present ownership and development of shoreland areas;
(3) Shoreland soil types and their engineering capabilities;
(4) Topographic characteristics;
(5) Vegetative cover;
(6) In-water physical characteristics, values, and constraints;
(7) Recreational use of the surface water;
(8) Road and service center accessibility;
(9) Socioeconomic development needs and plans as they involve
water and related land resources;
(10) The land requirements of industry which, by its nature, requires
location in shoreland areas; and
(11) The necessity to preserve and restore certain areas having
significant historical or ecological value.
b. Factors And Criteria For Planned Unit Developments:
(1) Existing recreational use of the surface waters and likely
increases in use associated with planned unit developments;
(2) Physical and aesthetic impacts of increased density;
(3) Suitability of lands for the Planned Unit Development in the
area; and
(4) Level of current development in the area.
(5) Amount and types of ownership of undeveloped lands.
2. District Descriptions: These land use districts are in conformance with the
criteria specified in Minnesota Regulations Part 6120.3200, Subpart 3:
a. Land Use Districts For Lakes:
(1) Land Use District Uses (R1, R2, R3, R4):
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
Single residential P P P
Semipublic C C C
Parks and historic
sites C C C
Extractive use C C C
Forest management P P P
Mining of metallic
minerals and peat C C C
(2) High Density Residential District Uses (R5, M-1 And M-2):
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
Residential Planned
Unit Developments
C C C
Surface water
oriented
commercial*
C C C
Semipublic C C C
Parks and historic
sites C C C
Duplex, triplex,
quad residential P P P
Forest management P P P
(3) Water Oriented Commercial District Uses (GR, LB, NB, GB):
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
Surface water
oriented
commercial
P P P
Commercial
Planned Unit
Development**
C C C
Public, semipublic C C C
Parks and historic
sites C C C
Forest management P P P
(4) General Use District Uses (GR, LB, NB, I):
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
Commercial P P P
Commercial
planned unit
development**
C C C
Industrial C C C
Public, semipublic P P P
Extractive use C C C
Parks and historic
sites C C C
Forest management P P P
Mining of metallic
minerals and peat C C C
*As accessory to a residential Planned Unit Development.
**Limited expansion of a commercial Planned Unit Development involving
up to six (6) additional dwelling units or sites may be allowed as a
permitted use provided the provisions of Section 13-4-9 of this chapter are
satisfied.
b. Land Use Districts For Rivers And Streams: The land use
districts for rivers and streams (remote, forested, transition,
agricultural, urban and tributary) shall comply with the land use
district provisions as specified in Sections 12-13-1, 12-13-2 and 12-
13-3 of this code.
3. Use And Upgrading Of Inconsistent Land Use Districts:
a. The land use districts adopted in Title 12, Chapter 3 of this code,
as they apply to shoreland areas, and their delineated boundaries
on the official zoning map, may be found to be inconsistent with the
land use district designation criteria specified in Subsection B2 of
this section. These inconsistent land use district designations may
continue until revisions are proposed to change either the land use
district designation within an existing land use district boundary
shown on the official zoning map or to modify the boundary of an
existing land use district shown on the official zoning map.
b. When revision is proposed to any inconsistent land use district
provision, the following additional criteria and procedures shall
apply:
(1) Lakes: When a revision to a land use district designation
on a lake is considered, the land use district boundaries and
use provisions therein for all the shoreland areas within the
jurisdiction of this chapter on said lake must be revised to
make them substantially compatible with the framework in
Subsections B1 and B2 of this section.
(2) Rivers And Streams: When a revision to a land use
district designation on a river or stream is proposed, the land
use district boundaries and the use provisions therein for all
shoreland on both sides of the river or stream within the
same classification within the jurisdiction of this chapter must
be revised to make them substantially compatible with the
framework in Subsections B1 and B2 of this section. If the
same river classification is contiguous for more than a five
(5) mile segment only, the shoreland for a distance of two
and one-half (2.5) miles upstream and downstream, or to the
class boundary if closer, need be evaluated and revised.
c. When an interpretation question arises about whether a specific
land use fits within a given "use" category, the interpretation shall
be made by the Board of Adjustment. When a question arises as to
whether a land use district's boundaries are properly delineated on
the official zoning map, this decision shall be made by the City
Council.
d. When a revision is proposed to an inconsistent land use district
provision by an individual party or landowner, this individual party or
landowner will only be responsible to provide the supporting and/or
substantiating information for the specific parcel in question. The
Planning and Zoning Commission will direct the Zoning
Administrator to provide such additional information for this water
body as is necessary to satisfy Subsections B3a and B3b of this
section.
e. The City Council must make detailed findings of fact and
conclusion when taking final action that this revision and the
upgrading of any inconsistent land use district designation on said
water body are consistent with the enumerated criteria and use
provisions of this Subsection B. (Ord. 108, 9-20-1994)
13-4-6: ZONING AND WATER SUPPLY/SANITARY PROVISIONS:
A. Lot Area And Width Standards: The lot area (in square feet) and lot width
standards (in feet) for single, duplex, triplex and quad residential lots
created after the date of enactment of this chapter for the lake and
river/stream classifications are the following:
1. Unsewered Lakes:
a. Natural Environment:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 108,900 300 108,900 300
Duplex 120,000 300 160,000 400
Triplex 160,000 400 240,000 600
Quad 180,000 500 320,000 800
b. Recreational Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 108,900 300 108,900 300
Duplex 108,900 300 108,900 300
Triplex 120,000 300 120,000 375
Quad 160,000 375 160,000 490
c. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
2. Sewered Lakes:
a. Natural Environment:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
b. Recreational Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 20,000 80 15,000 80
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
c. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 15,000 80 11,400 80
Duplex 26,000 135 26,000 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
3. River/Stream Lot Width Standards: There are no minimum lot size
requirements for rivers and streams. The lot width standards for single, duplex,
triplex and quad residential developments for the six (6) river/stream
classifications are:
Remote
Forested
Transition
Agricultural
Urban And
No Sewer
Tributary
Sewer
Single 300 200 250 150 100 80
Duplex 450 300 375 225 150 115
Triplex 600 400 500 300 200 150
Quad 750 500 625 375 250 190
4. Additional Special Provisions:
a. Residential subdivisions with dwelling unit densities
exceeding those in the tables in Subsections A2 and A3 of this
section can only be allowed if designed and approved as
residential Planned Unit Developments under Section 13-4-9 of
this chapter. Only land above the ordinary high water level of
public waters can be used to meet lot area standards, and lot
width standards must be met at both the ordinary high water
level and at the building line. The sewer lot area dimensions in
Subsection A2 of this section can only be used if publicly owned
sewer system service is available to the property.
b. Subdivisions of duplexes, triplexes, and quads on natural
environment lakes must also meet the following standards: (Ord.
108, 9-20-1994)
(1) Each building must be set back at least one hundred fifty
feet (150') from the ordinary high water level; (Ord. 108, 9-
20-1994; amd. 2003 Code)
(2) Each building must have common sewage treatment and
water systems in one location and serve all dwelling units in
the building;
(3) Watercraft docking facilities for each lot must be
centralized in one location and serve all dwelling units in the
building; and
(4) No more than twenty five percent (25%) of a lake's
shoreline can be in duplex, triplex, or quad developments.
c. One guest cottage may be allowed on lots meeting or exceeding
the duplex lot area and width dimensions presented in Subsections
A1, A2 and A3 of this section, provided the following standards are
met:
(1) For lots exceeding the minimum lot dimensions of duplex
lots, the guest cottage must be located within the smallest
duplex sized lot that could be created including the principal
dwelling unit;
(2) A guest cottage must not cover more than seven hundred
(700) square feet of land surface and must not exceed
fifteen feet (15') in height; and
(3) A guest cottage must be located or designed to reduce
its visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks,
or color, assuming summer leaf-on conditions.
(4) Meets the requirements of Section 12-15-7 of this code.
d. Lots intended as controlled accesses to public waters or as
recreation areas for use by owners of nonriparian lots within
subdivisions are permissible and must meet or exceed the following
standards:
(1) They must meet the width and size requirements for
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 (6) 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 (6), consistent
with the following table:
CONTROLLED ACCESS LOT FRONTAGE REQUIREMENTS
Ratio of Lake Size To Shore
Length (Acres/Miles)
Required Increase In
Frontage (Percent)
Less than 100 25
100 – 200 20
201 – 300 15
301 – 400 10
Greater than 400 5
(3) They must be jointly owned by all purchasers of lots in
the subdivision who are provided riparian access rights on
the access lot; and
(4) Covenants or other equally effective legal instruments
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 must
also include other outdoor recreational activities that do not
significantly conflict with general public use of the public
water or the enjoyment of normal property rights by adjacent
property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The
covenants must limit the total number of vehicles allowed to
be parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water, and
must require centralization of all common facilities and
activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also
require all parking areas, storage buildings, and other
facilities to be screened by vegetation or topography as
much as practical from view from the public water, assuming
summer leaf-on conditions.
B. Placement, Design And Height Of Structures:
1. Placement Of Structures On Lots: When more than one setback applies
to a site, structures and facilities must be located to meet all setbacks.
Where structures exist on the adjoining lots on both sides of a proposed
building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the ordinary high water level,
provided the proposed building site is not located in a shore impact zone
or in a bluff impact zone. Structures shall be located as follows:
a. Structure And On Site Sewage System Setbacks (In Feet) From
Ordinary High Water Level*:
SETBACKS*
Classes Of
Public Waters
Unsewered
Structures
Sewered
Structures
Sewage
Treatment
Systems
Lakes
Natural
Environment
150 150 150
Recreational
Development
100 75 75
General
Development
75 50 50
Rivers
Remote 200 200 150
Forested and
Transition
150 150 100
Agriculture, urban
and tributary
100 50 75
*One water oriented accessory structure designed in accordance with
Subsection B2 of this section may be set back a minimum distance of ten feet
(10') from the ordinary high water level.
b. Additional Structure Setbacks: The following additional structure
setbacks apply, regardless or the classification of the water body:
Setback From: Setback (In Feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of
federal, state, or county
highway
50
Right-of-way line of city
road, public street, or
other roads or streets not
classified
40
c. Bluff Impact Zones: Structures and accessory facilities, except
stairways and landings, must not be placed within bluff impact
zones.
d. Uses Without Water Oriented Needs: Commercial, industrial,
public and semipublic 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.
2. Design Criteria For Structures:
a. High Water Elevations: Structures must 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 must be determined
as follows:
(1) For lakes: by placing the lowest floor at a level at least
three feet (3') above the highest known water level, or three
feet (3') above the ordinary high water level, whichever is
higher; (Ord. 108, 9-20-1994)
(2) For rivers and streams: by placing the lowest floor at
least three feet (3') above the flood of record, if data is
available; if data is not available, by placing the lowest floor
at least three feet (3') 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 (3)
approaches, technical evaluations must be done by a
qualified engineer or hydrologist consistent with Minnesota
Statutes Chapter 105, Minnesota Regulations Parts
6120.5000 to 6120.6200 governing the management of
floodplain areas. If more than one approach is used, the
highest flood protection elevation determined must be used
for placing structures and other facilities; and (Ord. 108, 9-
20-1994; amd. 2003 Code)
(3) Water oriented accessory structures may have the lowest
floor placed lower than the elevation determined in this
subsection if the structure is constructed of flood resistant
materials to the elevation, electrical and mechanical
equipment are placed above the elevation and, if long
duration flooding is anticipated, the structure is built to
withstand ice action and wind driven waves and debris.
b. Water Oriented Accessory Structures: Each lot may have one
water oriented accessory structure not meeting the normal structure
setback in Subsection B1 of this section if the water oriented
accessory structure complies with the following provisions:
(1) The structure or facility must not exceed ten feet (10') in
height, exclusive of safety rails, and cannot occupy an area
greater than two hundred fifty (250) square feet. Detached
decks must not exceed eight feet (8') above grade at any
point;
(2) The setback of the structure or facility from the ordinary
high water level must be at least ten feet (10');
(3) 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;
(4) The roof may be used as a deck with safety rails but
must not be enclosed or used as a storage area;
(5) The structure or facility must not be designed or used for
human habitation and must not contain water supply or
sewage 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 four hundred
(400) square feet, provided the maximum width of the
structure is twenty feet (20') as measured parallel to the
configuration of the shoreline.
(7) Decks shall not be considered as an accessory structure
when attached to the primary structure. (Amended Ord.108,
11/19/96)
c. Stairways, Lifts And Landings: Stairways and lifts are the
preferred alternative to major topographic alteration for achieving
access up and down bluffs and steep slopes to shore areas.
Stairways and lifts must meet the following design requirements:
(1) Landings for stairways and lifts on residential lots must
not exceed thirty-two (32) square feet in area. Landings
larger than thirty-two (32) square feet may be used for
commercial properties, public open space recreational
properties, and Planned Unit Developments;
(2) Canopies or roofs are not allowed on stairways, lifts, or
landings;
(3) 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;
(4) Stairways, lifts, and landings must be located in the most
visually inconspicuous portions of lots whenever practical, as
viewed from the surface of the public water assuming
summer, leaf-on conditions; and
(5) Facilities such as ramps, lifts, or mobility paths for
physically handicapped persons are also allowed for
achieving access to shore areas; provided, that the
dimensional and performance standards of Subsections
B2c(1) through B2c(4) of this section 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 value of the site
unless adequate information about the site has been removed and
documented in a public repository.
e. Steep Slopes: The Zoning Administrator must evaluate possible
soil erosion impacts and development visibility from public waters
before issuing a permit for construction of sewage treatment
systems, roads, driveways, structures, or other improvements on
steep slopes. When determined necessary, conditions must be
attached to issued permits to prevent erosion and to preserve
existing vegetative screening of structures, vehicles, and other
facilities as viewed from the surface of public waters, assuming
summer, leaf-on vegetation.
3. Height Of Structures: All structures in city residential districts, except
religious institutions and nonresidential agricultural structures, must not
exceed twenty-five feet (25') in height. (Amended Ord. 481, 4/3/18)
C. Shoreland Alterations: Alterations of vegetation and topography will be
regulated to prevent erosion into public waters, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping,
and protect fish and wildlife habitat.
1. Vegetation Alterations:
a. Vegetation alteration necessary for the construction of structures
and sewage treatment systems and the construction of roads and
parking areas regulated by Subsection D of this section are exempt
from the vegetation alteration standards that follow.
b. Removal or alteration of vegetation, except for agricultural and
forest management uses as regulated in Subsections F2 and F3 of
this section, respectfully, 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. Intensive
vegetation clearing for forest land conversion to another use
outside of these areas is allowable as a conditional use if an
erosion control and sedimentation plan is developed and
approved by the Soil and Water Conservation District in
which the property is located.
(2) In shore and bluff impact zones and on steep slopes,
limited clearing of trees and shrubs and cutting, pruning, and
trimming of trees is allowed to provide a view to the water
from the principal dwelling site and to accommodate the
placement of stairways and landings, picnic areas, access
paths, livestock watering areas, beach and watercraft access
areas, and permitted water oriented accessory structures or
facilities; provided, that:
(A) The screening of structures, vehicles, or other
facilities as viewed from the water, assuming summer,
leaf-on conditions, is not substantially reduced;
(B) Along rivers, existing shading of water surfaces is
preserved; and
(C) The above provisions are not applicable to the
removal of trees, limbs, or branches that are dead,
diseased, or pose safety hazards.
2. Topographic Alterations/Grading And Filling:
a. Grading and filling and excavations necessary for the
construction of structures, sewage treatment systems, and
driveways under validly issued construction permits for these
facilities do not require the issuance of a separate grading and
filling permit. However, the grading and filling standards in this
section must be incorporated into the issuance of permits for
construction of structures, sewage treatment systems, and
driveways.
b. Public roads and parking areas are regulated by Subsection D of
this section.
c. Notwithstanding Subsections C2a and C2b of this section, a
grading and filling permit will be required for:
(1) The movement of more than ten (10) cubic yards of
material on steep slopes or within shore or bluff impact
zones; and
(2) The movement of more than fifty (50) cubic yards of
material outside of steep slopes and shore and bluff impact
zones.
d. The following considerations and conditions must be adhered to
during the issuance of construction permits, grading and grading
and filling permits, conditional use permits, variances and
subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8
wetland must be evaluated to determine how extensively
the proposed activity would affect the following functional
qualities of the wetland*:
(A) Sediment and pollutant trapping and retention;
(B) Storage of surface runoff to prevent or reduce
flood damage;
(C) Fish and wildlife habitat;
(D) Recreational use;
(E) Shoreline or land stabilization; and
(F) Noteworthiness, including special qualities such
as historic significance, critical habitat for endangered
plants and animals, or others.
*This evaluation must also include a determination of
whether the wetland alteration determination 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. The
applicant will be so advised.
(2) Alterations must be designed and conducted in a manner
that ensures only the smallest amount of bare ground is
exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where
necessary, for temporary bare soil coverage, and a
permanent vegetative cover must be established as soon as
possible;
(4) Methods to minimize soil erosion and to trap sediments
before they reach any surface water feature must be used;
(5) Altered areas must 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;
(6) Fill or excavated material must not be placed in a manner
that creates an unstable slope;
(7) 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 thirty
percent (30%) or greater;
(8) Fill or excavated material must not be placed in bluff
impact zones; (Ord. 108, 9-20-1994)
(9) Any alterations below the ordinary high water level of
public waters must first be authorized by the Commissioner
under Minnesota Statutes 103G.245 and 103G.405; (Ord.
108, 9-20-1994; amd. 2003 Code)
(10) Alteration of topography must only be allowed if it is
accessory to permitted or conditional uses and does not
adversely affect adjacent or nearby properties; and
(11) Placement of natural rock riprap, including associated
grading of the shoreline and placement of a filter blanket, is
permitted if the finished slope does not exceed three feet (3')
horizontal to one foot (1') vertical, the landward extent of the
riprap is within ten feet (10') of the ordinary high water level,
and the height of the riprap above the ordinary high water
level does not exceed three feet (3').
e. Excavations where the intended purpose is connection to a
public water, such as boat slips, canals, lagoons, and harbors, must
be controlled by local shoreland controls. Permission for
excavations may be given only after the Commissioner has
approved the proposed connection to public waters.
D. Placement And Design Of Roads, Driveways And Parking Areas:
1. Public and private roads and parking areas must be designed to take
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Documentation must be provided
by a qualified individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters consistent
with the field office technical guides of the local Soil and Water
Conservation District, or other applicable technical materials.
2. Roads, driveways, and parking areas must meet structure setbacks and
must not be placed within bluff and shore impact zones, when other
reasonable and feasible placement alternatives exist. If no alternatives
exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
3. Public and private 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
subsection are met. For private facilities, the grading and filling provisions
of Subsection C2 of this section must be met.
E. Storm Water Management: The following general and specific standards
shall apply:
1. General Standards:
a. When possible, existing natural drainageways, wetlands, and
vegetated soil surfaces must be used to convey, store, filter, and
retain storm water runoff before discharge to public waters.
b. Development must be planned and conducted in a manner that
will minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff volumes. Disturbed areas
must be stabilized 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 storm
water 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.
2. Specific Standards:
a. Impervious surface coverage of lots must not exceed twenty five
percent (25%) of the lot area.
b. When constructed facilities are used for storm water
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
districts.
c. New constructed storm water outfalls to public waters must
provide for filtering or settling of suspended solids and skimming of
surface debris discharge.
F. Special Provisions:
1. Standards For Commercial, Industrial, Public And Semipublic Uses:
a. Surface water oriented commercial uses and industrial, public, or
semipublic uses with similar need 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 must meet the
following standards:
(1) In addition to meeting impervious coverage limits,
setbacks, and other zoning standards in this chapter, the
uses must be designed to incorporate topographic and
vegetative screening of parking areas and structures;
(2) Uses that require short term watercraft mooring for
patrons must centralize these facilities and design them to
avoid obstructions to navigation and to be the minimum size
necessary to meet the need; and
(3) Uses that depend on patrons arriving by watercraft may
use signs and lighting to convey needed information to the
public, subject to the following general standards:
(A) In addition to meeting the sign requirements of
Section 12-14-9 of this code, no advertising sign or
supporting facilities for signs may be placed in or
upon any public waters. Signs conveying information
or safety messages may be placed in or on public
waters by a public authority or under a permit issued
by the city or its duly designated agency;
(B) Signs may be placed, when necessary, within the
shore impact zone if they are designed and sized to
be the minimum necessary to convey needed
information. They must only convey the location and
name of the establishment and the general types of
goods or services available. The sign must not
contain other detailed information such as product
brands and prices, must not be located higher than
ten feet (10') above the ground, and must not exceed
thirty-two (32) square feet in size. If illuminated by
artificial lights, the lights must be shielded or directed
to prevent illumination out across public waters; and
(C) Other outside lighting may be located within the
shore impact zone or over public waters if it is used
primarily to illuminate potential safety hazards and is
shielded or otherwise directed to prevent direct
illumination out across public waters. This does not
preclude use of navigational lights.
b. Uses without water oriented needs must be located on lots or
parcels without public waters frontage or, if located on lots or
parcels with public water frontage, must either be set back double
the normal ordinary high water mark level setback or be
substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
2. Agricultural Use Standards:
a. General cultivation, farming, grazing, nurseries, horticulture,
truck farming, sod farming, and wild crop harvesting are permitted
uses if steep slopes or shore impact zones are maintained in
permanent vegetation or operated under an approved conservation
plan (resource management systems) consistent with the field
office technical guides of the local soil and water conservation
districts or the United States Soil Conservation Service, as provided
by a qualified individual or agency. Best Management Practices
(BMP’s) shall be implemented for the use of fertilizers, pesticides
and erosion control. The shore impact zone for parcels with
permitted agricultural land uses is equal to a line parallel to and fifty
feet (50') from the ordinary high water level. (Amended Ord. 108,
11/19/96)
b. Animal feedlots must meet the following standards in accordance
with PCA rules 7020.0100-7020.1900 (Amended Ord. 108,
11/19/96):
(1) New feedlots must not be located in the shoreland of
watercourses or in bluff impact zones and must meet a
minimum setback of three hundred feet (300') from the
ordinary high water level of all public water basins; and
(2) Modifications or expansions to existing feedlots that are
located within three hundred feet (300') of the ordinary high
water level or within a bluff impact zone are allowed if they
do not further encroach into the existing ordinary high water
level setbacks, or encroach on bluff impact zones.
3. Forest Management Standards: The harvesting of timber and
associated reforestation must be conducted consistent with the provisions
of the "Minnesota Non-point Source Pollution Assessment-Forestry And
Provisions Of Water Quality In Forest Management-Best Management
Practices In Minnesota".
4. Extractive Use Standards:
a. Site Development And Restoration Plan: In addition to complying
with the provisions of Section 12-8-5 of this code, an extractive use
site development and restoration plan must be developed,
approved, and followed over the course of operation of the site. The
plan must address dust, noise, possible pollutant discharges, hours
and duration of operation, and anticipated vegetation and
topographic alterations. It must also identify topographic alterations
and actions to be taken during operation to mitigate adverse
environmental impacts, particularly erosion, and must clearly
explain how the site will be rehabilitated after extractive activities
end.
b. Setbacks Of Processing Machinery: Processing machinery must
be located consistent with setback standards for structures from
ordinary high water levels of public waters and from bluffs.
5. Mining Of Metallic Minerals And Peat: Mining of metallic minerals and
peat, as defined in Minnesota Statutes Sections 93.44 to 93.51, shall be a
conditional use. The provisions of Minnesota Statutes Sections 93.44 to
93.51 must be satisfied.
G. Conditional Uses: Conditional uses allowable within the shoreland areas
shall be subject to the review and approval procedures and criteria and
conditions for review of conditional uses established in Section 12-15-6 of
this code. The following additional evaluation criteria and conditions apply
within shoreland areas:
1. Evaluation Criteria: A thorough evaluation of the water body and the
topographic, vegetation, and soil conditions on the site must be made to
ensure:
a. The prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
b. The visibility of structure and other facilities as viewed from
public water is limited;
c. The site is adequate for water supply and on-site sewage
treatment; and
d. 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 watercraft.
2. Conditions Attached To Conditional Use Permits: The City Council,
upon consideration of the criteria listed above and the purposes of this
chapter, shall attach such conditions to the issuance of the Conditional
Use Permits as it deems necessary to fulfill the purposes of this chapter.
Such conditions may include, but are not limited to, the following:
a. Increased setbacks from the ordinary high water level;
b. Limitations of the natural vegetation to be removed or the
requirement that additional vegetation be planted; and
c. Special provisions for the location, design, and use of structures,
sewage treatment systems, watercraft launching and docking
areas, and vehicle parking areas.
H. Water Supply And Sewage Treatment:
1. Water Supply: Any public or private supply of water for domestic
purposes must meet or exceed standards for water quality of the
Minnesota Department of Health and the Minnesota Pollution Control
Agency.
2. Sewage Treatment1: Any premises used for human occupancy must be
provided with an adequate method of sewage treatment, as follows:
a. Publicly owned sewer systems must be used where available.
(Ord. 108, 9-20-1994)
b. All private sewage treatment systems must conform to the
Minnesota Pollution Control Agency standards for individual
sewage treatment systems contained in the document titled
"Individual Sewage Treatment Systems Standards, Chapter 7080",
a copy of which is hereby adopted to be a part of this chapter, and
a copy of which is on file in the office of the Building Official for
public use and inspection. (Ord. 108, 9-20-1994; amd. 2003 Code)
c. On site sewage treatment systems must be set back from the
ordinary high water level in accordance with the setbacks contained
in Subsection B1 of this section.
d. All proposed sites for individual sewage treatment systems shall
be evaluated in accordance with the criteria in the following
Subsections H2d(1) through H2d(4). If the determination of the
site's suitability cannot be made with publicly available existing
information, it shall then be the responsibility of the applicant to
provide sufficient soil boring and percolation tests from on-site field
investigations. Evaluation criteria is as follows:
(1) Depth to the highest known or calculated ground water
table or bedrock.
(2) Soil conditions, properties, and permeability.
(3) Slope.
(4) The existence of lowlands, local surface depressions,
and rock outcrops.
e. Nonconforming sewage treatment systems shall be regulated
and upgraded in accordance with Subsection 13-4-7C of this
chapter. (Ord. 108, 9-20-1994)
1 See also sections 3-3-5, 10-2-3 and 12-12-4 and title 10, chapter 4 of this code.
13-4-7: NONCONFORMITIES: All legally established nonconformities as
of the effective date of this chapter may continue, but they will be managed
according to applicable state statutes and other regulations of the city for the
subjects of: alterations and additions, repair after damage, discontinuance of use,
and intensification of use; except, that the following standards will also apply in
shoreland areas:
A. Construction On Nonconforming Lots Of Record:
1. Lots of record in the office of the County Recorder on the date of the
enactment of local shoreland controls that do not meet the requirements of
Subsection 13-4-6A of this chapter may be allowed as building sites
without variances 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 adjustments 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 (2) or more contiguous lots under the same
ownership, any individual lot does not meet the requirements of
Subsection 13-4-6A of this chapter, the lot must not be considered as a
separate parcel of land for the purposes of sale or development. The lot
must be combined with one or more contiguous lots so they equal one or
more parcels of land, each meeting the requirements of said Subsection
13-4-6A as much as possible. (Ord. 108, 9-20-1994)
B. Additions/Expansions To Nonconforming Structures:
1. All additions or expansions to the outside dimensions of an existing
nonconforming structure must meet the setback, height, and other
requirements of Section 13-4-6 of this chapter. Any deviation from these
requirements must be authorized by a variance. (Ord. 108, 9-20-1994;
amd. 2003 Code)
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 fifteen percent (15%) of the existing setback of the
structure from the ordinary high water level or does not encroach
closer than thirty feet (30'), whichever is more restrictive; and
d. The deck is constructed primarily of wood, and is not roofed or
screened.
C. Nonconforming Sewage Treatment Systems:
1. A sewage treatment system not meeting the requirements of
Subsection 13-4-6H of this chapter must be upgraded, at a minimum, at
any time a permit or variance of any type is required for any improvement
on, or use of the property. For the purposes of this provision, a sewage
treatment system shall not be considered nonconforming if the only
deficiency is the sewage treatments system's improper setback from the
ordinary high water level. (Ord. 108, 9-20-1994)
2. The City Council has, by formal resolution, notified the Commissioner of
its program to identify nonconforming sewage treatment systems. The City
will require upgrading or replacement of any nonconforming system
identified by this program within a reasonable period of time that will not
exceed two (2) years. Sewage systems installed according to all
applicable local shoreland management standards adopted under
Minnesota Statutes Section 103F.211, in effect at the time of installation,
may be considered as conforming unless they are determined to be
failing; except that systems using cesspools, leaching pits, seepage pits,
or other deep disposal methods, or systems with less soil treatment area
separation above ground water than required by the Minnesota Pollution
Control Agency Chapter 7080 for design of on site sewage treatment
systems, shall be considered nonconforming. (Ord. 108, 9-20-1994; amd.
2003 Code)
13-4-8: SUBDIVISION AND PLATTING PROVISIONS 1:
A. Land Suitability: Each lot created through subdivision, including Planned
Unit Developments authorized under Section 13-4-9 of this chapter, must
be suitable in its natural state for the proposed use with minimal alteration.
Suitability analysis by the City Council shall consider susceptibility to
1 See also section 12-12-6 of this code.
flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography,
inadequate water supply or sewage treatment 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 must conform to all official
controls of the community. A subdivision will 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 purpose. In areas not served by
publicly owned sewer and water systems, a subdivision will not be
approved unless domestic water supply is available and a sewage
treatment system consistent with Subsections 13-4-6B and H of this
chapter can be provided for every lot. Each lot shall meet the minimum lot
size and dimensional requirements of Subsection 13-4-6A of this chapter,
including at least a minimum contiguous lawn area, that is free of limiting
factors sufficient for the construction of two (2) standard soil treatment
systems. Lots that would require use of holding tanks must not be
approved.
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 at least the following:
1. Topographic contours at ten-foot (10') intervals or less from United
States geological survey maps or more accurate sources, showing limiting
site characteristics;
2. The surface water features required in Minnesota Statutes Section
505.02, Subdivision 1, to be shown on plats obtained from United States
Geological Survey quadrangle topographic maps or more accurate
sources;
3. Adequate soils information to determine suitability for building and on-
site sewage treatment capabilities for every lot from the most current
existing sources or from field investigations such as soil borings,
percolation tests, or other methods;
4. Information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near shore aquatic
conditions, including depths, types of bottom sediments, and aquatic
vegetation; and proposed methods for controlling storm water runoff and
erosion, both during and after construction activities;
5. Location of 100-year floodplain areas and floodway districts from
existing adopted maps or data; and
6. A line or contour representing the ordinary high water level, the "toe"
and the "top" of bluffs, and the minimum building setback distances from
the top of the bluff and the lake or stream.
D. Dedications: When a land or easement dedication is a condition of
subdivision approval, the approval must provide easement over natural
drainage or ponding areas for management of storm water and significant
wetlands.
E. Platting:
1. All subdivisions that create five (5) or more lots or parcels that are two
and one-half (2 1/2) acres or less in size shall be processed as a plat in
accordance with Minnesota Statutes Chapter 505. No permit for
construction of buildings or sewage treatment systems shall be issued for
lots created after these official controls were enacted, unless the lot was
approved as part of a formal subdivision. (Ord. 108, 9-20-1994)
2. Shoreland Plats: All plats in shoreland areas shall be submitted to and
reviewed by the State Division of Waters, Soils and Minerals before final
action by the City. (Amended Ord. 8, 10-21-1970)
F. Controlled Access Or Recreational Lots: Lots intended as controlled
access to public waters or for recreation use areas for use by nonriparian
lots within a subdivision must meet or exceed the sizing criteria in
Subsection 13-4-6A4 of this chapter. (Ord. 108, 9-20-1994)
13-4-9: PLANNED UNIT DEVELOPMENTS (PUDS)1:
A. Types Of PUDs Permissible: Planned Unit Developments (PUDs) are
allowed for new projects on undeveloped land, redevelopment of
previously built sites, or conversions of existing buildings and land. The
land use districts in which they are an allowable use are identified in the
land use district descriptions in Subsection 13-4-5B of this chapter and
per Title 12, Chapter 12 of this code.
B. Processing PUDs: Planned Unit Developments must be processed as a
conditional use. The expansion to an existing commercial PUD involving
six (6) or less new dwelling units or sites since the date this chapter was
1 See also chapter 3 of this title.
adopted is permissible, provided an Amended Conditional Use Permit is
granted and the total project density does not exceed the allowable
densities calculated in the project density evaluation procedures in
Subsection E of this section. The provisions of Title 12, Chapter 12 and
Section 12-15-6 of this code shall apply. Approval cannot occur until the
Environmental Review Process (EAW/EIS) is complete.
C. Application For PUD: The applicant for a PUD must submit the
following documents (in addition to the requirements as specified in
Title 11 and Title 12, chapter 12 of this code) prior to final action being
taken on the application request:
1. A site plan and/or plat for the project showing location of property
boundaries, surface water features, existing and proposed structures and
other facilities, land alteration, sewage treatment and water supply
systems (where public systems will not be provided), and topographic
contours at ten foot (10') intervals or less. When a PUD is a combined
commercial and residential development, the site plan/plat must indicate
and distinguish which buildings and portions of the project are residential,
commercial, or a combination of the two (2).
2. A property owner association agreement (for residential PUDs) with
mandatory membership, all in accordance with the requirements of
Subsection F of this section.
3. Deed restriction, covenants, permanent easement, or other instruments
that:
a. Properly address future vegetative and topographic alterations,
construction of additional buildings, beaching of watercraft, and
construction of commercial buildings in residential PUDs; and
b. Ensure the long-term preservation and maintenance of open
space in accordance with the criteria and analysis specified in
Subsection F of this section.
4. When necessary, a master plan/drawing describing the project and the
floor plan for all commercial structures to be occupied.
5. Those additional documents as requested by the Planning and Zoning
Commission and City Council that are necessary to explain how the PUD
will be designed and will function.
D. Site Suitable Area Evaluation: Proposed new or expansions to
existing Planned Unit Developments must be evaluated using the
following procedures and standards to determine the suitable area
for the dwelling unit/dwelling site density evaluation in Subsection
E of this section.
1. The project parcel must 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:
SHORELAND TIER DIMENSIONS
Unsewered
(Feet)
Sewered
(Feet)
General development lakes
First tier 200 200
Second and additional tiers 267 200
Recreational development lakes 267 267
Natural environment lakes 400 320
All river classes 300 300
2. The suitable area within each tier is next calculated by excluding from
the tier area all wetlands, bluffs, or land below the ordinary high water
level of public waters. This suitable area and the proposed project are
then subjected to either the residential or commercial Planned Unit
Development density evaluation steps to arrive at an allowable number of
dwelling units or sites.
E. Residential And Commercial 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 must not be transferred to any
other tier closer.
1. Commercial PUD Base Density Evaluation: The suitable area within
each tier is divided by the single residential lot size standard for lakes or,
for rivers, the single residential lot width standard times the tier depth,
unless the City Council has specified an alternative minimum lot size for
rivers which shall then be used to yield a base density of dwelling units or
sites for each tier. Proposed location and numbers of dwelling units or
sites for the residential Planned Unit Developments are then compared
with the tier, density, and suitability analysis herein and the design criteria
in Subsection F of this section.
2. Commercial PUD Base Density Evaluation:
a. Determine the average inside living area size of dwelling units
or sites within each tier, including both existing and proposed
units and sites. Computation of inside living area sizes need not
include decks, patios, stoops, steps, garages, or porches and
basements, unless they are habitable space.
b. Select the appropriate floor area ratio from the following table:
*Average
Unit Floor
Area
(Sq. Ft.)
Sewered
General
Development
Lakes:
First Tier On
Unsewered
General
Development
Lakes; Urban,
Agricultural,
Tributary River
Segments
Second And
Additional Tiers
On Unsewered
General
Development
Lakes;
Recreational
Development
Lakes; Transition
And Forested
River Segments
Natural
Environment
Lakes And
Remote River
Segments
200 0.040 0.020 0.010
300 0.048 0.024 0.012
400 0.056 0.028 0.014
500 0.065 0.032 0.016
600 0.072 0.038 0.019
700 0.082 0.042 0.021
800 0.091 0.046 0.023
900 0.099 0.050 0.025
1,000 0.108 0.054 0.027
1,100 0.116 0.058 0.029
1,200 0.125 0.064 0.032
1,300 0.133 0.068 0.034
1,400 0.142 0.072 0.036
1,500 0.150 0.075 0.038
*For average unit floor areas less than shown, use the floor area ratios
listed for 200 square feet. For areas greater than shown, use the ratios
listed for 1,500 square feet. For recreational camping areas, use the
ratios listed at 400 square feet. Manufactured home sites in recreational
camping areas shall use a ratio equal to the size of the manufactured
home or, if unknown, the ratio listed for 1,000 square feet.
c. Multiply the suitable area within each tier by the floor area ratio to
yield total floor area for each tier allowed to be used for dwelling
units or sites.
d. Divide the total floor area by tier computed in Subsection E2c of
this section by the average inside living area size determined in
Subsection E2a of this section. This yields a base number of
dwelling units and sites for each tier.
e. Proposed locations and numbers of dwelling units or sites for the
commercial Planned Unit Development are then compared with the
tier, density and suitability analysis herein and the design criteria in
Subsection F of this section.
3. Density Increase Multipliers:
a. Increases to the dwelling unit or dwelling site base densities
previously determined are allowable if the dimensional standards in
Section 13-4-6 of this chapter are met or exceeded and the design
criteria in Subsection F of this section are satisfied. The allowable
density increases in Subsection E3b of this section will only be
allowed if structure setbacks from the ordinary high water level are
increased to at least fifty percent (50%) 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 City Council, and the setback is at least
twenty five percent (25%) greater than the minimum setback.
b. Allowable dwelling unit or dwelling site density increases of
residential or commercial Planned Unit Developments:
Density Evaluation Tiers
Maximum Density Increase
Within Each Tier (Percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
F. Maintenance And Design Criteria:
1. Maintenance And Administration Requirements:
a. Before final approval of a Planned Unit Development, adequate
provisions must be developed for preservation and maintenance in
perpetuity of open spaces and for the continued existence and
functioning of the development.
b. Deed restrictions, covenants, permanent easements, public
dedication and acceptance, or other equally effective and
permanent preservation and maintenance of open space are
required. The instruments must include all of the following
protections:
(1) Commercial uses prohibited (for residential PUDs);
(2) Vegetation and topographic alteration other than routine
maintenance prohibited;
(3) Construction of additional buildings or storage of vehicles
and other materials prohibited; and
(4) Uncontrolled beaching of watercraft prohibited.
c. Unless an equally effective alternative community framework is
established, when applicable, all residential Planned Unit
Developments must use an owners' association with the following
features:
(1) Membership must be mandatory for each dwelling unit or
site purchaser and any successive purchasers;
(2) Each member must pay a pro rata share of the
association's expenses, and unpaid assessments can
become liens on units or sites;
(3) Assessments must be adjustable to accommodate
changing conditions; and
(4) The association must be responsible for insurance,
taxes, and maintenance of all commonly owned property and
facilities.
2. Open Space Requirements: Planned Unit Developments must contain
open space meeting all of the following criteria:
a. At least fifty percent (50%) of the total project area must be
preserved as open space;
b. Dwelling units or sites, road rights-of-way, or land covered by
road surfaces, parking areas, or structures, except water oriented
accessory structures or facilities, are developed areas and shall not
be included in the computation of minimum open space;
c. Open space must include areas with physical characteristics
unsuitable for development in their natural state, and areas
containing significant historic sites or unplatted cemeteries;
d. Open space may include outdoor recreational facilities for use by
owners of dwelling units or sites, by guests staying in commercial
dwelling units or sites, and by the general public;
e. Open space may include subsurface sewage treatment systems
if the use of the space is restricted to avoid adverse impacts on the
systems;
f. Open space must not include commercial facilities or uses, but
may contain water oriented accessory structures or facilities;
g. The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved by use of
restrictive deed covenants, permanent easements, public
dedication and acceptance, or other equally effective and
permanent means; and
h. The shore impact zone, based on normal structure setbacks,
must be included as open space. For residential PUDs, at least fifty
percent (50%) of the shore impact zone area of existing
developments or at least seventy percent (70%) of the shore impact
zone area of new developments must be preserved in its natural or
existing state. For commercial PUDs, at least fifty percent (50%) of
the shore impact zone must be preserved in its natural state.
3. Erosion Control And Storm Water Management: Erosion control
and storm water management plans must be developed, and the
PUD must:
a. Be designed, and the construction managed, to minimize the
likelihood of serious erosion occurring either during or after
construction. This must 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 must be used to minimize erosion
impact 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
b. Be designed and constructed to effectively manage reasonable
expected quantities and qualities of storm water runoff. Impervious
surface coverage within any tier must not exceed twenty five
percent (25%) of the tier area; except that for commercial PUDs,
thirty five percent (35%) impervious surface coverage may be
allowed in the first tier of general development lakes with an
approved storm water management plan and consistency with
Subsection 13-4-6C of this chapter.
4. Centralization And Design Of Facilities: Centralization and
design of facilities and structures must be done according to the
following standards:
a. Planned Unit Developments must be connected to publicly
owned water supply and sewer systems, if available. On site water
supply and sewage treatment systems must be centralized and
designed and installed to meet or exceed applicable standards or
rules of the Minnesota Department of Health and Subsections 13-4-
6B and H of this chapter. On-site sewage treatment systems must
be located on the most suitable areas of the development, and
sufficient lawn area free of limiting factors must be provided for a
replacement soil treatment system for each sewage system;
b. Dwelling units or sites must be clustered into one or more groups
and located on suitable areas of the development. They must be
designed and located to meet or exceed the following dimensional
standard 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 must be increased in accordance with Subsection E3 of
this section for developments with density increases;
c. Shore recreation facilities, including, but not limited to, swimming
areas, docks, and watercraft mooring areas and launching ramps,
must be centralized and located in areas suitable for them.
Evaluation of suitability must include consideration of land slope,
water depth, vegetation, soils, depth-to ground water and bedrock,
or other relevant factors. The number of spaces provided for
continuous beaching, mooring, or docking of watercraft must not
exceed one for each allowable dwelling unit or site in the first tier
(notwithstanding existing mooring sites in an existing commercially
used harbor). Launching ramp facilities, including a small dock for
loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
d. Structures, parking areas, and other facilities must be treated to
reduce visibility as viewed from public waters and adjacent
shorelands by vegetation, topography, increased setbacks, color, or
other means acceptable to the City Council, assuming summer,
leaf-on conditions. Vegetative and topographic screening must be
preserved, if existing, or may be required to be provided;
e. Accessory structures and facilities, except water oriented
accessory structures, must meet the required principal structure
setback and must be centralized; and
f. Water oriented accessory structures and facilities may be allowed
if they meet or exceed design standards contained in Subsection
13-4-6B of this chapter and are centralized.
G. Conversions: The City Council may allow existing resorts or other land
uses and facilities to be converted to residential Planned Unit
Developments if all of the following standards are met:
1. Proposed Conversions: Proposed conversion must be initially evaluated
using the same procedures for residential Planned Unit Developments
involving all new construction. Inconsistencies between existing features
of the development and these standards must be identified.
2. Deficiencies: Deficiencies involving water supply and sewage treatment,
structure color, impervious coverage, open space, and shore recreation
facilities must be corrected as part of the conversion or as specified in the
Conditional Use Permit.
3. Shore And Bluff: Shore and bluff impact zone deficiencies must be
evaluated and reasonable improvements made as part of the conversion.
These improvements must include, where applicable, the following:
a. Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;
b. Remedial measures to correct erosion sites and improve
vegetative cover and screening of buildings and other facilities as
viewed from the water; and
c. If existing dwelling units are located in shore or bluff impact
zones, conditions are attached to approvals of conversions that
preclude exterior expansions in any dimension or substantial
alterations. The conditions must also provide for future relocation of
dwelling units, where feasible, to other locations, meeting all
setback and elevation requirements when they are rebuilt or
replaced.
4. Existing Dwellings Or Sites: Existing dwelling unit or dwelling site
densities that exceed standards in Subsection E of this section may be
allowed to continue but must not be allowed to be increased, either at the
time of conversion or in the future. Efforts must be made during the
conversion to limit impacts of high densities by requiring seasonal use,
improving vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means. (Ord. 108, 9-
20-1994)
CHAPTER 5
BLUFFLAND AND RIVERLAND DEVELOPMENT
SECTION:
13-5-1: Policy And Authorization
13-5-2: Purpose
13-5-3: General Provisions
13-5-4: Definitions
13-5-5: Scenic River District Regulations And Requirements
13-5-6: Administration Of Provisions
13-5-7: Permits Required
13-5-8: Nonconforming And Substandard Uses
13-5-9: Variances
13-5-10: Plats
13-5-11: Amendments
13-5-12: Conditional Use Permits
13-5-13: Certification Procedures
13-5-14: Violation; Penalties
13-5-1: POLICY AND AUTHORIZATION: These provisions are for the
controlling of bluffland and riverland development in order to protect and
preserve the scenic, recreational, natural, historical and scientific values of the
Rum River in Andover in a manner consistent with Minnesota Statutes and the
Management Plan for the Rum River. (Ord. 223, 8-19-1997)
13-5-2: PURPOSE: The purpose of this chapter is to:
A. Establish a scenic river district along the bluffland and shoreland of
the Rum River as required by the Management Plan for the Rum
River.
B. Regulate within the Rum River district, a land use district, the area of the
lots, and the length of bluffland and water frontage suitable for building
sites.
C. Regulate the setback of structures and sanitary waste treatment facilities
from bluff lines and shorelines to protect the existing and/or natural
scenic values, vegetation, soils, water quality, floodplain areas, and
bedrock from disruption by manmade structures or facilities.
D. Regulate alterations of the natural vegetation and topography.
E. Maintain property values and prevent poorly planned development.
F. Conserve and protect the natural scenic values and resources of
the Rum River and maintain a high standard of environmental
quality.
G. Comply with Minnesota Statutes and the Management Plan for the Rum
River. (Ord. 223, 8-19-1997)
13-5-3: GENERAL PROVISIONS:
A. Jurisdiction: The jurisdiction of this chapter shall include all lands
designated within the Rum River land use district within the jurisdiction of
Andover as defined in the Management Plan for the Rum River.
B. Compliance With Provisions: The use of any land within the Rum River
land use district; the size and shape of lots; the use and location of
structures on lots; the installation and maintenance of water supply and
waste disposal facilities; the filling, grading, lagooning, or dredging of any
river area; the cutting of vegetation or alteration of the natural topography
within the district; and the subdivision of land shall be in full compliance
with the terms of this chapter and other applicable regulations.
C. Interpretation And Application: In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements, and
shall not be deemed a limitation or repeal of any powers or rights granted
by Minnesota Statutes.
D. Severability: It is hereby declared to be the intent of the City that
several provisions of this chapter are separable in accordance with the
following:
1. If any court of competent jurisdiction shall adjudge any provision of this
chapter to be invalid, such judgment shall not affect any other provisions
of this chapter not specifically included in said judgment.
2. If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building, or other structure, such judgment shall not affect the application
of said provision to any other property, building, or structure not
specifically included in said judgment.
E. Abrogation And Greater Restrictions: It is not intended by this chapter to
repeal, abrogate or impair any existing easements, covenants, deed
restrictions, or land use controls. Where this chapter imposes greater
restrictions, the provisions of this chapter shall prevail. (Ord. 223, 8-19-
1997)
13-5-4: DEFINITIONS: For the purpose of this chapter, certain terms and
words are hereby defined as follows:
AGRICULTURAL USE: The use of land for the production of food or fiber,
their storage on the area, and/or raising thereon of
domestic pets and domestic farm animals.
BLUFF LINE: A line along the top of a slope connecting the points
at which the slope becomes more than twelve percent
(12%). This applies to those slopes within the land
use district that are beyond the setback provisions
from the ordinary high water mark.
BUILDING LINE: That line measured across the width of the lot at
the point where the main structure is placed in
accordance with setback provisions.
CAMPGROUND: An area accessible by vehicle and containing
campsites or camping spots for tents and trailer
camping.
CLEAR CUTTING: The removal of an entire stand of vegetation.
COMMISSIONER: The Commissioner of Natural Resources of the State.
CONDITIONAL USE: A use of land which is permitted only when allowed
by the City Council after a public hearing, if certain
conditions are met which eliminate or minimize the
incompatibility with other permitted uses of the
district.
ESSENTIAL SERVICES: Underground or overhead gas, electrical, stream or
water distribution systems; collection, communication,
supply, or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, traffic signals, hydrants and other similar
equipment and accessories in conjunction therewith;
but not including buildings or transmission services.
FORESTRY: The use and management, including logging, of a
forest, woodland or plantation and related research
and educational activities, including the construction,
alteration or maintenance of woodroads, skidways,
landings, and fences.
LOT: Shall be considered to be an individual building site
that shall be occupied by no more than one principal
structure equipped with sanitary facilities, together
with such open spaces are as required under the
provisions of the zoning ordinance, having not less
than the minimum area required by the zoning
ordinance for a building site in the district in which
such lot is situated and having its principal frontage
on a public street.
MANUFACTURED HOME: A housing unit designed for transportation after
fabrication on streets and highways on its own wheels
or on a flatbed trailer to the site where only minor
assembly operations are necessary.
MINERALS: Soil, stone, clay, sand, gravel and other similar solid
material or substance to be mined from natural
deposits.
MINING: All or any part of the process involved in the
extraction of minerals by removing the overburden
and extracting directly from the soils, clay, stone,
sand and gravel and other similar solid material or
substance deposits thereby exposed.
MODULAR HOME: A non-mobile housing unit that is basically fabricated
at a central factory and transported to a building site
where final installations are made, permanently
affixing it to the site, and built to meet or exceed the
State Building Code.
NONCONFORMING USE: Any use established before February 3, 1981, that
does not conform to the use restrictions of a
particular zoning district. This should not be confused
with substandard dimensions of a conforming use.
OPEN SPACE Recreation uses particularly oriented to and utilizing
RECREATION USES: the outdoor character of an area, including hiking
and riding trails, primitive campsites, campgrounds,
waysides, parks and recreational areas.
ORDINARY HIGH A mark delineating the highest water level which has
WATER MARK: been maintained for a sufficient period of time to
leave evidence upon the landscape. The ordinary
high water mark is commonly that point where the
natural vegetation changes from predominantly
aquatic to predominantly terrestrial. In areas where
the ordinary high water mark is not evident, setbacks
shall be measured from the stream bank of the
following water bodies that have permanent flow or
open water: the main channel, adjoining side
channels, backwaters and sloughs.
PLANNED UNIT A development having two (2) or more principal
DEVELOPMENT: uses or structures on a single parcel of land and
developed according to an approved plan.
PRACTICAL
DIFFICULTIES: As used in connection with the granting of a variance,
means that the property owner proposes to use the
property in a reasonable manner not permitted by the
zoning ordinance; the plight of the landowner is due to
circumstances unique to the property not created by
the landowner; and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone do not constitute practical
difficulties. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for
solar energy systems. (Amended Ord. 407, 6-21-11)
PRIMITIVE CAMPSITES: An area that consists of individual remote campsites
accessible only by foot or water.
SCREENED: When a structure is built or placed on a lot or
vegetation is planted such that when the structure
is built it is visually inconspicuous as viewed from
the river during the summer months. "Visually
inconspicuous" means difficult to see or not
readily noticeable in summer months as viewed
from the river.
SELECTIVE CUTTING: The removal of single scattered trees.
SETBACK: The minimum horizontal distance between a
structure and the ordinary high water mark or lot line,
bluff line, or street. Distances are to be measured
from the most outwardly extended portion of the
structure.
SEWAGE TREATMENT Any system for the collection, treatment and
SYSTEM: dispersion of sewage including, but not limited to,
septic tanks, soil absorption systems and drain
fields.
SINGLE-FAMILY A detached building containing one dwelling unit.
DWELLING:
STRUCTURE: Any building, sign or appurtenance thereto, except
aerial or underground utility lines, such as sewer,
electric, telephone, telegraph, or gas lines, including
towers, poles, and other supporting appurtenances,
and fences used to control livestock or delineate
boundaries.
SUBDIVISION: Improved or unimproved land or lands which are
divided for the purpose of ready sale or lease, or
divided successively within a five (5) year period for
the purpose of sale or lease, into three (3) or more
lots or parcels of less than five (5) acres each,
contiguous in area and which are under common
ownership or control.
SUBSTANDARD USE: Any use within the land use district existing prior to
February 3, 1981, which is permitted within the
applicable land use district but does not meet the
minimum lot area, length of water frontage,
structure setbacks or other dimensional standards
of this chapter.
VARIANCE: Any modification or variation of official controls where
it is determined that by reason of exceptional
circumstances, the strict enforcement of the official
controls would cause practical difficulties. (Amended
Ord. 407, 6-21-11)
WETLAND: Land which is annually subject to periodic or
continual inundation by water and commonly
referred to as a bog, swamp, or marsh. (Ord. 223,
8-19-1997; amd. 2003 Code)
13-5-5: SCENIC RIVER DISTRICT REGULATIONS AND
REQUIREMENTS:
A. District Established And Designated:
1. In order to preserve and protect the Rum River and its adjacent lands
which possess outstanding scenic, recreational, natural, historical,
scientific and similar values, the Rum River in Andover has been given the
scenic river classification and the uses and classification of this river and
its adjacent lands are hereby designated by land use zoning districts, the
boundaries of which are based on the Management Plan for the Rum
River.
2. The boundaries of the Rum River scenic land use district are shown on
the map designated as the Andover official zoning map, which is made a
part of this chapter and is on file in the offices of the Zoning
Administrator1. In case of conflict between the map and the property
descriptions in the Management Plan for the Rum River, the latter shall
prevail. (Ord. 223, 8-19-1997; amd. 2003 Code)
B. Minimum District Dimensional Requirements:
1. The following chart sets forth the minimum area, setbacks, and the
requirements of the Rum River scenic river district:
a. Minimum lot size:
(1) Riparian lots: 4 acres.
(2) Nonriparian lots: 2 1/2 acres.
b. Lot width at building line:
(1) Lots of record: 300 feet.
(2) Newly created lots: 300 feet.
c. Lot width at ordinary high water mark: 300 feet.
d. Building setbacks:
(1) From ordinary high water mark: 150 feet.
(2) From bluff line: 30 feet.
e. On site sewage treatment system setback from ordinary high
water mark: 100 feet.
f. Maximum structure height: 35 feet. This requirement shall not
apply to buildings used primarily for agricultural uses.
g. Controlled vegetative cutting area (see Subsection E of this
section):
(1) Setback from ordinary high water mark: 150 feet.
1 See section 12-3-5 of this code.
(2) Setback from bluff line: 30 feet.
h. Side yard setbacks:
(1) From street (corner lot): 30 feet.
(2) From interior lot line: 10 feet.
i. Front yard setback (building line closest to street): 40 feet.
j. Lot depth from high water mark: 250 feet.
2. On the Cedar Creek tributary designated in the Management Plan for
the Rum River, the following setbacks also apply within the land use
district:
a. Building setbacks from ordinary high water mark: 100 feet.
b. On site sewage treatment system setback from ordinary high
water mark: 75 feet.
c. Controlled vegetative cutting area setback from ordinary high
water mark (see Subsection E of this section): 100 feet.
3. No structure shall be placed on any slope greater than twelve percent
(12%) (12 feet vertical rise in 100 feet horizontal distance), unless such
structures can be screened from river view with natural vegetation; where
practicable, sewage disposal system facilities can be installed so as to
comply with the sanitary provisions of Subsection D of this section; and
the building permit applicant can prove to the City Council that any
potential erosion or sedimentation problems related to locating such a
structure either do not exist or that adequate measures will be taken to
prevent such problems through special construction methods.
4. No structures shall be placed in any floodway. Structures proposed
within a floodplain shall be consistent with the city and/or statewide
"Standards And Criteria For Management Of Flood Plain Areas Of
Minnesota"1.
5. Lots of record in the office of the County Recorder which meet all legal
requirements of the city prior to February 3, 1981, but do not meet the
dimensional requirements of this chapter shall be allowed as building
sites, provided such use is permitted in the land use district, the lot was in
separate ownership prior to February 3, 1981, and all sanitary and
dimensional requirements of this chapter are complied with as far as
1 See title 14, chapter 1 of this code.
practicable.
6. If in a group of contiguous lots under single ownership, any individual lot
does not meet the lot width requirements of this chapter, such individual
lot cannot be considered as a separate parcel of land for purposes of sale
or development, but must be combined with adjacent lots under the same
ownership so that the combination of lots will equal one or more parcels of
land each meeting the lot width requirements of this chapter; except that
such lots which meet or exceed sixty percent (60%) or more of the lot
width standards of these regulations may be considered as a separate
parcel of land for the purpose of sale and development, if on-site sewage
disposal systems can be installed so as to comply with these regulations.
C. Uses Within Districts:
1. Purpose: The purpose of establishing standards and criteria for uses in
the Rum River land use district shall be to protect and preserve existing
natural, scenic, historical, scientific, and recreational values, to maintain
proper relationships between various land use types, and to prohibit new
residential, commercial, or industrial uses that are inconsistent with the
statewide standards and criteria for wild and scenic rivers and the
Management Plan for the Rum River.
2. Permitted And Conditional Uses:
a. In the following tables of uses: "P" means permitted use and "C"
means conditional use. Certain of the following uses are subject to
the zoning dimension provisions and sanitary provisions of
subsections A, B and D of this section. All of the following uses are
subject to the vegetative cutting provisions of Subsection E of this
section:
(1) Governmental campgrounds, subject to management
plan specifications and approval of the Commissioner: P
(2) Private campgrounds, subject to management plan
specifications and the provisions of Section 13-5-13 of this
chapter (certification): C
(3) Public accesses, road access type with boat launching
facilities subject to management plan specifications and
approval of the Commissioner: P
(4) Public access, trail access type, subject to management
plan specifications and approval of the Commissioner: P
(5) Temporary docks: C
(6) Other governmental open space recreational uses,
subject to management plan specifications and the approval
of the Commissioner: P
(7) Other private open space recreational uses, subject to
management plan specifications and the provisions of
Section 13-5-13 of this chapter (certification): C
(8) Agricultural uses: P
(9) Single-family residential uses, except manufactured and
modular homes: P
(10) Forestry uses: P
(11) Essential services: P
(12) Sewage disposal systems: P
(13) Private roads and minor public streets: P
(14) Signs approved by federal, state, or local government
that are necessary for public health and safety, and signs
indicating areas that are available or not available for public
use: P
(15) Signs not visible from the river that are not specified in
(14) above: P
(16) Governmental resource management for improving fish
and wildlife habitat, wildlife management areas, nature
areas, accessory roads: P
(17) Underground mining that does not involve surface
excavation in the land use district: C
(18) Utility transmission power lines (60KV through 199KV)
and pipelines, subject to the provisions of Subsection E of
this section: C
(19) Public roads, subject to the provisions of Subsection E
of this section: C
b. All uses not listed as permitted or conditional uses shall not be
allowed within the applicable land use district without review and
approval of the City Council and Commissioner of Natural
Resources.
D. Water And Sewer:
1. Sewer System Requirements:
a. Any new dwelling intended for human occupancy must provide
for an adequate method of sewage treatment. Public or municipal
collection and treatment facilities must be used where available and
feasible. Where public or municipal facilities are not available, all
new on-site individual sewer treatment systems shall conform to the
minimum standards and administrative procedures set forth in other
applicable local ordinances1, the minimum standards of the
Minnesota Pollution Control Agency (individual sewage treatment
systems standards) and Subsection B of this section.
b. No person, firm or corporation shall install, alter, repair or extend
any individual sewer disposal system or private well without first
obtaining a permit for such action from the city for the specific
installation, alteration, repair, or extension. Prior to issuance of any
such permit, the city shall require that percolation rate tests and, at
the discretion of the Building Official, soil boring tests be done on
the proposed site for an individual sewer disposition to determine
whether or not the site is capable of supporting a conforming
sewage treatment system.
2. Water Supply: Any new public or new private supply of water for
domestic purposes must conform to Minnesota Department of Health
standards for water quality and the administrative procedures of other
applicable local ordinances2.
E. Landscape Alterations:
1. General Provisions: The vegetative cutting provisions shall apply to
those areas specified in Subsection B of this section. The following are
general provisions, within designated setback areas:
a. Clear cutting, except for any authorized public services such as
roads and utilities, shall not be permitted.
1 See sections 10-2-3 and 12-12-4 and title 10, chapter 4 of this code.
2 See title 10, chapter 1 of this code.
b. Selective cutting of trees in excess of four inches (4") in diameter
at breast height shall be permitted, provided cutting is spaced in
several cutting operations and a continuous tree cover is
maintained.
c. The cutting provisions as stated above shall not be deemed to
prevent:
(1) The removal of diseased or insect infested trees, or of
rotten or damaged trees that present safety hazards.
(2) Pruning under story vegetation, shrubs, plants, bushes,
and grasses, or from harvesting crops, or cutting suppressed
trees or trees less than four inches (4") in diameter at breast
height. (Ord. 223, 8-19-1997)
2. Clear Cutting: Clear cutting anywhere in the scenic river district is
subject to the following standards and criteria:
a. Clear cutting shall not be used as a cutting method where soil,
slope, or other watershed conditions are determined by the City
Council to be fragile and subject to severe erosion and/or
sedimentation.
b. Clear cutting shall be conducted only where clear-cut blocks,
patches or strips are, in all cases, shaped and blended with the
natural terrain.
c. The size of clear-cut blocks, patches or strips shall be kept at the
minimum necessary.
d. Where feasible, all clear cuts shall be conducted between
September 15 and May 15. If natural regeneration will not result in
adequate vegetative cover, areas in which clear cutting is
conducted shall be planted to prevent erosion and to maintain the
aesthetic quality of the area. Where feasible, replanting shall be
performed in the same spring, or the following spring.
3. Grading And Filling: Grading and filling work done within the scenic river
district shall require a permit and shall comply with the following:
a. Grading and filling of the natural topography that is not
necessary to a permitted or conditional use shall not be permitted in
the Rum River land use district. (Ord. 223, 8-19-1997; amd. 2003
Code)
b. Grading and filing of the natural topography that is accessory to
a permitted or conditional use shall not be conducted without an
approved grading and filling permit from the city. A grading and
filling permit may be issued only if the conditions of this subsection
are properly satisfied.
c. Grading and filling of the natural topography which is necessary
to a permitted or conditional use shall be performed in a manner
which minimizes earthmoving, erosion, tree clearing, and the
destruction of natural topography.
d. Grading and filling in of the natural topography shall also meet
the following standards:
(1) The smallest amount of bare ground is exposed for as
short a time as feasible.
(2) Temporary ground cover such as mulch is used and
permanent ground cover is planted.
(3) Methods to prevent erosion and to trap sediment are
employed.
(4) Fill is stabilized to accepted engineering standards.
4. Resultant Changes To River; Permit Required: Any activity which will
change or diminish the course, current or cross section of any public
waters, including, but not limited to, filling, excavating or placing of any
materials in or on the beds of public waters, is prohibited unless
authorized by a previously obtained permit from the Commissioner of
Natural Resources pursuant to Minnesota Statutes. "Public waters" shall
be as defined in Minnesota Statutes.
5. Tampering With Wetlands Prohibited: Drainage or filling in of wetlands
is not allowed within the land use district designated by this chapter.
6. Utility Transmission Crossing: All utility transmission crossings of land
within the Rum River land use district shall require a Conditional Use
Permit. The construction of such transmission services shall be subject to
the standards and criteria of Minnesota Statutes. With respect to electric
power utility transmission crossings, a Conditional Use Permit shall be
required for crossings of 69 kilovolts through 199 kilovolts. No Conditional
Use Permit shall be required for high voltage (200 kilovolts or greater)
transmission lines under control of the Environmental Quality Board
pursuant to Minnesota Statutes. However, lines of 200 kilovolts or more
that are exempt by the Environmental Quality Board shall require a
Conditional Use Permit.
7. Construction Of Public Roads: In addition to such permits as may be
required by Minnesota Statutes, a Conditional Use Permit shall be
required for any construction or reconstruction of public roads within the
Rum River land use district. Such construction or reconstruction shall be
subject to the standards and criteria of Minnesota Statutes, and city street
and road standards as adopted by the City Council. A Conditional Use
Permit is not required for minor public streets which are streets intended to
serve primarily as an access to abutting properties; however, they shall be
constructed or reconstructed to comply with city street and road
standards. Public roads include township, county, and municipal roads
and highways that serve or are designed to serve flows of traffic between
communities or other traffic generating areas.
F. Subdivisions: No land shall be subdivided which is determined by the
governing body or the Commissioner to be unsuitable by reason of
flooding, inadequate for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewage treatment
capabilities or any other feature likely to be harmful to the health, safety,
or welfare of the future residents of the proposed subdivision or the
community. Percolation rate tests and soil boring tests shall be required as
deemed necessary by the City Building Official, to be done by the
subdivider, and the results submitted to the City Council to assure that
each lot in the proposed subdivision is capable of supporting a sewage
treatment system of the type recommended by the Minnesota Pollution
Control Agency standards for individual sewage treatment systems1.
G. Planned Unit Developments: A Planned Unit Development may be
allowed only when the proposed clustering provides a better means of
preserving agricultural land, open space, woods, scenic views, wetlands,
and other features of the natural environment than traditional subdivision
development. Except for minimum setbacks and height limits, altered
dimensional standards may be allowed as exceptions to this chapter for
Planned Unit Developments, provided:
1. Preliminary plans are approved by the Commissioner prior to their
enactment by the governing body.
2. Central sewage facilities are installed which meet the standards,
criteria, rules or regulations of the Minnesota Department of Health and
the Pollution Control Agency.
3. Open space is preserved. This may be accomplished through the use of
1 See title 10, chapter 4 of this code.
restrictive deed covenants, public dedications, granting of scenic
easements, or other methods.
4. There is not more than one centralized boat launching facility for each
Planned Unit Development. (Ord. 223, 8-19-1997)
13-5-6: ADMINISTRATION OF PROVISIONS: The provisions of this
chapter shall be administrated by the City Council. The City Council shall act
upon all questions as they arise in the administration of this chapter, shall hear
and decide appeals, and shall review any order, requirements, decisions or
determination as provided by Minnesota Statutes. Permit fees and inspection
fees shall be established by ordinance and shall be collected by the city for
deposit with the city and credited to the general fund. (Ord. 223, 8-19-1997; amd.
2003 Code)
13-5-7: PERMITS REQUIRED: Permits from the city are required by this
chapter and other applicable ordinances for the construction of buildings, public
or private water supply and sewage treatment systems, the grading and filling of
the natural topography and erection of signs within the Rum River land use
district. (Ord. 223, 8-19-1997)
13-5-8: NONCONFORMING AND SUBSTANDARD USES:
A. Nonconforming Uses:
1. Uses which are prohibited by this chapter but which are in existence
prior to the effective date of this chapter shall be nonconforming uses.
Such uses shall not be intensified, enlarged, or expanded.
2. All private sanitary sewer systems inconsistent with the performance
standards of the city's sanitary sewer ordinances and the minimum
standards of the Minnesota Pollution Control Agency and the State
Plumbing Code within the Rum River scenic river district shall be brought
into conformity or discontinued within the time frame specified in Title 10,
Chapter 4 of this code.
B. Substandard Uses: All uses in existence prior to February 3, 1981, which
are permitted uses within the newly established land use district, but do
not meet the minimum lot area, setbacks or other dimensional
requirements of this chapter are substandard uses. All substandard uses,
except for substandard signs, shall be allowed to continue subject to the
following conditions and exceptions:
1. Any structural alteration or addition to a substandard use that will
increase the substandard setback shall not be allowed.
2. Where a setback pattern from the ordinary high water mark has already
been established on both sides of a proposed building site, the setback of
the proposed structure may be allowed to conform to that pattern. This
provision shall apply to lots that do not meet the minimum lot width
requirements in Subsection 13-5-5B of this chapter. (Ord. 223, 8-19-1997)
13-5-9: VARIANCES: Variances to the strict provisions of this chapter may
be granted as provided in City Code 12-14-7 and as follows
(Amended Ord. 407, 6-21-11):
A. Granting of the variance is not contrary to the purpose and intent of the
zoning provisions herein established by these standards and criteria, and
is consistent with the Management Plan for the Rum River.
B. A variance may not be granted to allow any use which is not a permitted
or conditional use in the Rum River land use district. (Amended Ord. 407,
6-21-11)
C. Granting of the variance will not alter the essential character of the locality
as established by the Management Plan for the Rum River. (Ord. 223, 8-
19-1997; amd. 2003 Code)
13-5-10: PLATS:
A. Copies To State: Copies of all plats within the boundary of the Rum River
land use district shall be forwarded to the Commissioner within ten (10)
days of approval by the City Council.
B. Inconsistent Plats: Approval of a plat which is inconsistent with this
chapter is permissible only if the detrimental impact of the
inconsistency is more than overcome by other protective characteristics
of the proposal. All inconsistent plats approved by the city must be
certified in accordance with Section 13-5-13 of this chapter. (Ord. 223,
8-19-1997)
13-5-11: AMENDMENTS:
A. Amendments Authorized; Certification: This chapter may be amended
whenever the public necessity and the general welfare require such
amendments by the procedure specified in this section. Amendments to
this chapter must be certified by the Commissioner as specified in
Section 13-5-13 of this chapter.
B. Initiation Of Amendment; Application: Amendments to this chapter
may be initiated by a petition to the Planning and Zoning Commission
or by action of the City Council. An application for an amendment
shall be filed with the city.
C. Public Hearing: Upon receipt in proper form of the application and
other requested materials, the Planning and Zoning Commission
shall conduct a public hearing in the manner prescribed by
Minnesota Statutes.
D. City Council Recommendation: Within sixty (60) days following the public
hearing, the City Council shall make a report of its recommendations on
the proposed amendment and shall file a copy with the Commissioner.
Certification from the Commissioner must be obtained as specified in
Section 13-5-13 of this chapter before the proposed amendment
becomes effective. (Ord. 223, 8-19-1997)
13-5-12: CONDITIONAL USE PERMITS:
A. A copy of application to consider issuance of a Conditional Use Permit
shall be received by the Commissioner at least thirty (30) days prior to
such hearings or meetings to consider issuance of a Conditional Use
Permit. A copy of the decision shall be forwarded to the Commissioner
within ten (10) days of such action. (Ord. 223, 8-19-1997; amd. 2003
Code)
B. Conditional Use Permits relating to private or commercial recreational
development must be certified in accordance with Section 13-5-13 of this
chapter. (Ord. 223, 8-19-1997)
13-5-13: CERTIFICATION PROCEDURES:
A. State Certification Required: Certain land use decisions which directly
affect the use of land within the Rum River land use district and involve
any of the following actions must be certified by the Commissioner: (Ord.
223, 8-19-1997; amd. 2003 Code)
1. Adopting or amending an ordinance including rezoning of particular
tracts of land.
2. Granting a variance from a provision of this chapter that relates to the
zoning dimension provisions of Subsection 13-5-5B of this chapter or any
other dimension provisions established in the Management plan for the
Rum River.
3. Approving a plat that is inconsistent with this chapter.
4. Granting a Conditional Use Permit for a private or commercial
recreational development.
B. Procedure: Certification procedure is as follows:
1. A copy of all notices of any public hearings, or where a public hearing is
not required, a copy of the application to consider zoning amendments,
variances, or inconsistent plats under local ordinance shall be received by
the Commissioner at least thirty (30) days prior to such hearings or
meetings to consider such actions. The notice of application shall include
a copy of the proposed inconsistent plat, or a description of the requested
variance.
2. The Andover City Council shall notify the Commissioner of its decision
on the proposed action within ten (10) days of the decision.
3. The action becomes effective when either:
a. The final decision taken by the city has previously received
certification of approval from the Commissioner; or
b. The city receives certification of approval after its final decision;
or
c. Thirty (30) days have elapsed from the day the Commissioner
received notice of the final decision, and the city has received from
the Commissioner neither certification of approval nor notice of
non-approval; or
d. The Commissioner certifies his or her approval within thirty (30)
days after conducting a public hearing.
4. In case the Commissioner gives notice of non-approval of an ordinance,
variance or inconsistent plat, either the applicant or the City Council may,
within thirty (30) days of said notice, file with the Commissioner a request
for hearing. If the demand for hearing is not made within thirty (30) days,
the notice of non-approval becomes final. Where a hearing is requested, it
shall be:
a. Held by the city within sixty (60) days of the demand and after at
least two (2) weeks' published notice.
b. Conducted in accordance with Minnesota Statutes.
The Commissioner shall certify his or her approval or disapproval of the
proposed action within thirty (30) days of the hearing. (Ord. 223, 8-19-
1997)
C. Permit And Certification Table: The following table summarizes the permit
and certification process within the Rum River land use district: (Ord. 223,
8-19-1997; amd. 2003 Code)
Land Use District Permits Action Necessary
Building permits LP
Sign construction permits LP
Septic permits LP
Water supply permits LP
Grading, filling permits LP
Conditional Use Permits, general PH-FD
Conditional Use
Conditional Use Permits for private PH-CC
recreational developments
Amendments to provisions PH-CC
Amendments to district boundary PH-CC
Inconsistent plats PH-CC
Planned Unit Development PH-CC
Variances PH-WA
Plats PH (notification not
required)-FD
LP - Permit issued by the City Council in accordance with this chapter and all
other local ordinances.
CC - Certification by the Commissioner of Natural Resources prior to final local
approval.
PH - Public hearing necessary by the City Council giving thirty (30) days' notice
of the hearing to the Commissioner of Natural Resources.
FD - City Council forwards any decisions to the Commissioner of Natural
Resources within ten (10) days after taking final action.
WA - The Commissioner of Natural Resources shall submit, after notice of public
hearing and before the City Council gives preliminary approval, a written review
and approval or denial of the project.
(Ord. 223, 8-19-1997)
13-5-14: VIOLATION; PENALTIES: It is declared unlawful for any person to
violate any of the terms and provisions of this chapter. Violation thereof shall be a
misdemeanor and shall be punishable as provided under state law. Each day
that a violation is permitted to exist shall constitute a separate offense. In the
event of a violation of this chapter, the City Council or the Commissioner of
Natural Resources, in addition to other remedies, may institute appropriate
actions or proceedings to prevent, restrain, or abate such violations. (Ord. 223, 8-
19-1997)
CHAPTER 6
BUFFER STRIPS AND STANDARDS FOR PROTECTION
OF WETLANDS AND STORM WATER PONDS
SECTION:
13-6-1: Incorporation Of State Regulations
13-6-2: Findings And Intent
13-6-3: Purpose And Implementation
13-6-4: Definitions
13-6-5: Buffer Strips And Setbacks
13-6-6: Buffer Strip Protection Plan
13-6-7: Variances
13-6-8: Inspections And Investigations
13-6-9: Violation; Penalty
13-6-1: INCORPORATION OF STATE REGULATIONS: This chapter
hereby incorporates by reference the Wetlands Conservation Act of 1991
(Minnesota Statutes Section 103G.221 et seq., hereinafter referred to as the
WCA) and any future amendments adopted by the legislature. All wetlands and
activities shall comply with those regulations as adopted under the WCA. (Ord.
114A, 7-17-2001)
13-6-2: FINDINGS AND INTENT: The city finds it necessary to regulate the
use of lands surrounding wetlands and storm water ponds. Buffer strips are
necessary and beneficial to maintaining the health of wetlands and storm water
ponds. These strips of land surrounding wetlands and storm water ponds protect
their shorelines from erosion, while serving to filter sediment, chemicals and
other nutrients before storm water discharges into these water features. Buffer
strips are also beneficial in providing habitat for wildlife. It is the intent of this
chapter to establish and maintain a buffer strip that abuts all wetlands and storm
water ponds that may be left undisturbed, or in its natural condition. (Ord. 114A,
7-17-2001; amd. 2003 Code)
13-6-3: PURPOSE AND IMPLEMENTATION:
Through the adoption and enforcement of this chapter, the city shall promote the
general health, safety, and welfare of its residents by both conserving and
protecting water features of the city. The city seeks to accomplish the following
purposes:
A. To satisfy all of the requirements of the Wetlands Conservation Act of
1991, as amended;
B. To balance the need to preserve and protect natural resources and
systems with both the rights of private property owners and the need to
support the efficient use of developable land within the city;
C. To promote water quality by maintaining the ability to recharge ground
water and receive the discharge of ground water, to retain sediment and
toxicants and filter and strip nutrients from surface water runoff before it
discharges into community lakes and streams, thus avoiding the
contamination and eutrophication of these water features; and
D. To provide wildlife habitat and thereby support the maintenance of
diversity of both plant and animal species within the city. (Ord. 114A,
7-17-2001)
13-6-4: DEFINITIONS:
BUFFER STRIP: A one rod (16.5 feet or 5 meters) wide area abutting a
wetland and/or storm water pond that shall be left
undisturbed or in its natural condition during the
development, building and landscaping phases. The
buffer strip shall not be included within the one
hundred and ten foot (110') buildability requirement of
Section 11-1-4 of this code, definition of "buildable
lots". (Amd. 2/20/07, Ord. 340)
WETLANDS: Lands transitional between terrestrial and aquatic
systems where the water table is usually at or near
the surface or the land is covered by shallow water.
For the purposes of this definition, "wetlands" must:
A. Have a predominance of hydric soils;
B. Be inundated or saturated by surface water or
ground water at a frequency and duration sufficient to
support a prevalence of hydrophytic vegetation
typically adapted for life in saturated soil conditions;
and
C. Under normal circumstances, support a prevalence
of such hydrophytic vegetation. (Ord. 114A, 7-17-
2001)
13-6-5: BUFFER STRIPS AND SETBACKS:
A. Buffer Strips Required: For lots of record created after the adoption of this
chapter, a buffer strip shall be established abutting all wetlands and/or
storm water ponds. The buffer provisions of this chapter shall not apply to
developments that have paid the preliminary plat fee (as established in
Subsection 11-2-2B of this code) to the city within thirty (30) days after the
adoption of this chapter.
B. Requirements: Buffer strips shall be established and maintained in
accordance with the following requirements:
1. Buffer strips shall be identified within each lot by active protective
fencing approved by the city. The developer shall be responsible for the
placement of the fencing. A one rod (16.5 feet or 5 meters, measured
linear) wide undisturbed buffer strip shall be maintained abutting all
wetlands and/or storm water ponds during the development and building
phases. (Ord. 114A, 7-17-2001)
2. Buffer strips shall apply to all wetlands and/or storm water ponds.
Buffer strips shall be measured from the delineated wetland boundary
around wetlands and from the designated normal water level elevation
surrounding storm water, sedimentation and/or rate control ponds, as
identified on the grading, drainage, and erosion control plan for all new
developments. (Amd. 2/20/07, Ord. 340)
C. Fencing:
1. Active protective fencing shall be installed by the developer/builder
along the most upland edge of all buffer strips prior to any development
and/or building construction. These fences will be a minimum of three feet
(3') high. Geotextile fabric fencing (silt fence) is acceptable as long as it
meets MNDOT 3733 Type 3.
2. All fencing barriers must be installed prior to and maintained throughout
development and/or building construction. The fencing barriers are
intended to inform the developer, builder and property owner of the buffer
strip protection process.
3. All fencing barriers shall not be removed until construction and/or
development has been completed. It shall be the responsibility of the
builder or property owner to remove all fencing barriers once the lot has
been landscaped (soil and/or seed established). (Ord. 114A, 7-17-2001;
amd. 2003 Code)
D. Exemptions From Provisions:
1. City initiated projects (i.e., trails, roads, etc.) may be exempt from the
buffer strip requirements.
2. No height requirements shall apply to grass and weeds that are located
in the buffer strip. (Ord. 114, 7-16-1996; amd. 2003 Code)
13-6-6: BUFFER STRIP PROTECTION PLAN:
A. A wetland buffer strip protection plan shall be submitted either as
part of the grading, drainage and erosion control plan or as a
separate drawing, to include the following:
1. Location of all wetlands.
2. Location of wetland buffer measures.
3. Location of buffer strips.
4. All required setbacks from the buffer strips.
B. The following notes shall be indicated on the wetland buffer strip plan in
large letters:
1. Contact the city prior to any land disturbance.
2. All wetland buffer strip protection measures shall be installed prior to
development and/or building construction. (Ord. 114, 7-16-1996)
13-6-7: VARIANCES:
A. Request For Variance: Requests for variances from the strict
provisions of this chapter shall be made in accordance with the
procedures and requirements set forth in City Code 12-14-7,
except that any variance requests shall be made as a part of the
preliminary plat approval process, or lot split approval process,
when applicable. (Amended Ord. 407, 6-21-11)
13-6-8: INSPECTIONS AND INVESTIGATIONS: The City Administrator or
his or her duly authorized employees shall inspect all premises and places within
the city as often as practicable to determine whether any condition described in
this chapter exists. The inspector shall investigate all reported wetland incidents.
(Ord. 114, 7-16-1996)
13-6-9: VIOLATION; PENALTY:
A. Notice Of Violation:
1. A general notice will be given to any developer, builder, or property
owner who fails to comply with the provisions of this chapter. The notice
will state the following information:
a. The violation.
b. Items or work to be completed in order to comply.
c. Date work to be completed.
2. Failure to comply with this notice will result in an order to stop work on
the site.
B. Violation A Misdemeanor; Penalty: Any person (firm, or corporation) who
violates any section of this chapter or obstructs staff or their
representatives from carrying out their duties, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as defined
by state law. (Ord. 114, 7-16-1996)