HomeMy WebLinkAboutOrd. 108 - Shoreland
SECTION
SECTION 1.0
SECTION 2.0
SECTION 3.0
SECTION 4.0
SECTION 5.0
SECTION 6.0
SECTION 7.0
SECTION 8.0
TABLE OF CONTENTS
STATUTORY AUTHORIZATION & POLICY
GENERAL PROVISIONS & DEFINITIONS
ADMINISTRATION
3.1 Permits Required
3.2 Certificates of Zoning Compliance
3.3 Variances
3.4 Notifications to DNR
SHORELAND CLASSIFICATIONS AND LAND USE
DISTRICTS
4,1 Shoreland Classification System
4.2 Land Use District Descriptions
ZONING AND WATER SUPPLY/SANITARY
PROVISIONS
5.1
5.2
Lot Area and width Standards
Placement, Design, and Height of
Structures
Shore land Alterations
Placement and Design of Roads,
Driveways, and Parking Areas
Stormwater Management
Special provisions For:
-Commercial, Industrial, Public,
and Semi-public Uses
-Agricultural Uses
-Forestry
-Extractive Uses
-Mining of Metallic Minerals and
Peat
Conditional Uses
Water Supply and Sewage Treatment
5.3
5.4
5.5
5.6
5.7
5.8
NONCONFORMITIES
6.1 Construction on Nonconforming Lots
of Record
6.2 Additions/Expansions to
Nonconforming Structures
6.3 Nonconforming Sewage Treatment
Systems
SUBDIVISION/PLATTING PROVISIONS
PLANNED UNIT DEVELOPMENTS
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 108
AN ORDINANCE REGULATING AND MANAGING SHORELANDS WITHIN THE CITY OF
ANDOVER AND REPEALING ORDINANCE NO. 71 ADOPTED AUGUST 6, 1985.
The City Council of the City of Andover does hereby ordain:
SECTION 1.0 STATUTORY AUTHORIZATION AND POLICY
1.1 Statuto~ Authorization. This shoreland ordinance is adopted
pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462.
1.2 Po1icv. The uncontrolled use of shore lands of the City of
Andover, Minnesota 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 shore lands of public
water. The Legislature of Minnesota 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 shore lands , and provide for the wise
use of waters and related land resources. This responsibility is
hereby recognized by the City of Andover.
SECTION 2.0 GENERAL PROVISIONS AND DEFINITIONS.
2.1 Jurisdiction. The provisions of this ordinance shall apply to
the shorelands of the public water bodies as classified in Section
4,0 of this ordinance. Pursuant to Minnesota Regulations, parts
6120.2500 - 6120.3900; no lake, pond, or flowage less than 10 acres
in size in municipalities, or 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
shore land may, at the discretion of the governing body, be exempt
from this ordinance,
2.2 ComD1iance. 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 shore land vegetation; and the subdivision of land shall be
in full compliance with the terms of this ordinance, and other
applicable regulations.
2.3 Enforcement. The Zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any violation of
the provisions of this ordinance, 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 ordinance can occur regardless of
whether or not a permit is required for a regulated activity pursuant
to Section 3.1 of this ordinance.
2.4 Interpretation. In their interpretation and application, the
provisions of this ordinance 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.
2.5 Severabilitv. If any section, clause, provision, or portion of
this ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
2.6 Abroaation and Greater Restrictions. It is not intended by this
ordinance to repeal, abrogate, or impair any existing easement,
covenants, or deed restrictions. However, where this ordinance
imposes greater restriction, the provisions of this ordinance shall
prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
2.7 Definitions. Unless specifically defined below, words or
phrases used in this ordinance shall be interpreted so as to give
them the same meaning as they have in common usage and so as to give
this ordinance its most reasonable application. For the purpose of
this ordinance, the words "must" and "shall" are mandatory and not
permissive. All distances, unless otherwise specified, shall be
measured horizontally.
2.711 Accessory structure or facility. "Accessory structure" or
"facility" means any building or improvement subordinate to a
principal use, which because of the nature of its use, can
reasonably be located at or greater than normal structure
setbacks.
2 712 Bluff "Bluff" means 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) :
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high
water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a
point 25 feet or more above the ordinary high water level
averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2 713 Bluff im~act zone. "bluff impact zone" means a bluff and
land located within 20 feet from the top of a bluff.
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2 714 Boathouse "Boathouse" means a structure designed and used
solely for the storage of boats or boating equipment.
2.715 Building line "Building line" means a line parallel to a
lot line or the ordinary high water level at the required setback,
beyond which a structure may not extend.
2 716 Commercial planned unit developments "Commercial planned
unit developments" are typically uses that provide transient,
short-term 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.
2 717 Commercial use "Commercial use" means the principal use
of land or buildings for the sale, lease, rental, or trade of
products, goods, and services.
2.718 Commissioner "Commissioner" means the commissioner_of the
Department of Natural Resources.
2 719 Conditional use "Conditional use" means 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.
2.720 Deck "Deck" means 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 above ground.
2 721 Duplex. triplex. and ~ad. "Duplex", "triplex", and
"quad", means a dwelling structure on a single lot, having two,
three, and four units respectively, being attached by common
walls, and each unit equipped with separate sleeping, cooking,
eating, living, and sanitation facilities.
2 722 Dwellino site "Dwelling site" means a designated location
for residential use by one or more persons using temporary or
movable shelter, including camping and recreational vehicle sites.
2 723 Dwelling unit "Dwelling unit" means any structure or
portion of a structure, or other shelter designed as short or
long-term living quarters for one or more persons, including
rental or timeshare accommodations such as motel, hotel, resort
rooms, and cabins.
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2 724 Extractive use "Extractive use" means 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, sections 93.44 to 93.51.
2.725
clear
other
Forest land conversion "Forest land conversion" means
cutting of forested lands to prepare for a new land use
than re-establishment of a subsequent forest stand.
the
2 726 Guest cottage "Guest cottage" means 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.
2 727 Hardship "Hardship" means the same as that term is
defined in Minnesota Statutes, Chapter 462.
2 728 Height of building
vertical distance between
the building, or ten feet
is lower, and the highest
of the highest gable of a
"Height of building" means the
the highest adjoining ground level at
above the lowest ground level; whichever
point of a flat roof, or average height
pitched or hipped roof.
2.729 Industrial use "Industrial use" means the use of land or
buildings for the production, manufacture, warehousing, storage,
or transfer of goods, products, commodities, or other wholesale
items.
2.730 Intensive veaetation clearing "Intensive vegetation
clearing" means the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel of land designated by plat,
metes and bounds, registered land survey, auditors plot, or other
accepted means; and separated from other parcels or portions by
said description for the purpose of sale, lease, or separation.
2 732 Lot width "Lot width" means the shortest distance between
lot lines measured at the midpoint of the building line.
2 733 Nonconformity "Nonconformity" means 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.
2.734 Ordinary high water level "Ordinary high water level"
means the boundary of public waters and wetlands, and shall be an
elevation delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon
the landscape, commonly that point where the natural vegetation
changes from 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
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flowages, the ordinary high water level is the operating elevation
of the normal summer pool,
2 735 Planned unit develonment "Planned unit development" means
a type of development characterized by a unified site design for a
number of dwelling units or dwelling sites on a parcel, whither
for sale, rent, or lease, and also usually involving clustering of
these units or sites to provide areas of common open space,
density increases, and a mix of structure types and land uses.
These developments may be organized and operated as condominiums,
time-share condominiums, cooperatives, full fee ownership,
commercial enterprises, or any combination of these, or cluster
subdivisions of dwelling units, residential condominiums,
townhouses, apartment building, campgrounds, recreational vehicle
parks, resorts, hotels, motels, and conversions of structures and
land uses to these uses.
2.736 Public waters "Public waters" means any waters as defined
in Minnesota Statutes, section 105.37, subdivisions 14 and 15.
2 738 Semipublic Use "Semipublic use" means 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.
2 739 Sensitive resource management "Sensitive resource
management" means the preservation and management of areas
unsuitable for development in their natural state due to
constraints such as shallow soils over groundwater or bedrock,
highly erosive of expansive soils, steep slopes, susceptibility to
flooding, or occurrence of flora or fauna in need of special
protection.
2 740 Setback. "Setback" means 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.
2 741 Sewage treatment svstem "Sewage treatment system" means a
septic tank and soil absorption system or other individual or
cluster type sewage treatment system as described and regulated in
Section 5.8 of this ordinance.
2 742 Sewer system. "Sewer system" means 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.
2 743 Shore imnact zone "Shore impact zone" means land located
between the ordinary high water level of a public water, and a
line parallel to it at a setback of 50 percent of the structure
setback.
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2.744 Shoreland uShoreland" means land located within the
following distances form public waters: 1,000 feet from the
ordinary high water level of a lake, pond. or flowage; and 300
feet from a river or stream, or the landward extent of a
floodplain designated by ordinance on a river or stream, whichever
is greater. The limits of shorelands may be reduced whenever the
waters involved are bounded by topographic divides which extend
landward from the waters for lesser distances and when approved by
the commissioner.
2 745 Significant historic site USignificant historic site"
means any archaeological site, standing structure, or other
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.
2 746 Steep slone USteep slope" means land where agricultural
activity or development is either not recommended or described as
poorly suited due to slope steepness and the site's soil
characteristic s, 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 ordinance. Where specific
information is not available, steep slopes are lands having
average slopes over 12 percent, as measured over horizontal
distances of 50 feet or more, that are not bluffs.
2 747 Structure UStructure" means 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.
2.748 Subdivision
the purpose of sale,
developments.
USubdivision" means land that is divided for
rent, or lease, including planned unit
2.749 Surface water-oriented commercial use uSurface water-
oriented commercial use" means the use of land for commercial
purposes, where access to and use ofa surface water feature is an
integral part of the normal conductance of business. Marinas,
resorts, and restaurants with transient docking facilities are
examples of such use.
2 750 Toe of the bluff UToe of the bluff" means the lower point
of a 50-foot segment with an average slope exceeding 18 percent.
2 751 Top of the bluff uTop of the bluff" means the higher
point of a 50-foot segment with an average slope exceeding 18
percent.
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2 752 Variance "Variance" means the same as that term is
defined or described in Minnesota Statutes, Chapter 462.
2 753 Water-oriented accessory structure or facility "Water-
oriented accessory structure or facility" means a small, above
ground building or other improvement, except stairways, fences,
docks, and retaining walls, which, because of the relationship of
its use to a 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.
2.754 Wetland "Wetland" means a surface water feature
classified as a wetland in the United States Fish and Wildlife
Service Circular No, 39 (1971 edition).
SECTION 3.0 ADMINISTRATION
3.1 Permits Reauired.
~ 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 Section 5.3 of this ordinance.
Application for a permit shall be made to the Zoning Administrator
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.
~ Permits shall stipulate that any identified nonconforming
sewage treatment system, as defined by Section 5.8, shall be
reconstructed or replaced in accordance with the provisions of
this ordinance.
3.2 Certificate of Zonina compliance. The Zoning Administrator
shall issue a certificate of zoning compliance for each activity
requiring a permit as specified in Section 3.1 of this ordinance.
This certificate will specify that the use of land conforms to the
requirements of this ordinance. Any use, arrangement, or
construction at variance with that authorized by permit shall be
deemed a violation of this ordinance and shall be punishable as
provided in Section 2.3 of this ordinance.
3.4 Notifications to the Deoartment of Natural Resources.
~ 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 days before the hearings. Notices of hearings to consider
proposed subdivisions/plats musty include copies of the
subdivision/plat.
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~ A copy of approved amendments and subdivision /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 days of final action.
4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS.
4.1 Shore land Classification System. The public waters of the City
of Andover have been classified below consistent with the criteria
found in Minnesota Regulation, Part 6120.3300, and the Protected
Waters Inventory Map for Anoka County, Minnesota.
~ The shoreland area for the waterbodies listed in sections
4.12 and 4.13 shall be as defined in section 2.744 and as shown on
the Official Zoning Map.
4 12 Lakes
~ Natural Environment lakes
Protected Waters
Inventory ID #:
DNR ID #2-74W
DNR ID #2-85P
DNR ID #2-86W
DNR ID #2-87W
DNR ID #2-88W
DNR ID #2-90P
DNR ID #2-8P
DNR ID #2-89P
~ Recreational Development Lakes
1. Unnamed T32N, R24W
2. Ward Lake T32N, R24W
3. Unnamed T32N, R24W
4. Unnamed T32N, R24W
5. (Lake Leeman) Unnamed T32N, R24W
6. Bunker Late T32N, R24W
~ General Development Lakes
1. Crooked Lake T32N, R24W
2, Round Lake T32N, R24W
4 13 Rivers and Streams.
~ Remote Rivers
None
~ Forested Rivers
None
~ Transition Rivers
None
~ Agricultural Rivers
None
~ Urban Rivers
None
~ Tributary Streams
None
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* All protected watercourses in the City of Andover shown on
the Protected Water Inventory Map for Anoka County, a copy of
which is hereby adopted by reference, not given a
classification in Items A-E above shall be considered
"Tributary".
4.2 Land Use District Descriptions.
4 21 Criteria for Designation. The land use districts in Section
4.22, 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:
~ 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.
~ 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
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(4) level of current development in the area;
(5) amount and types of ownership of undeveloped lands,
4.22 Land use District Descriptions. These land use districts are
in conformance with the criteria specified in Minnesota Regulation,
Part 6120.3200, Subp. 3:
~ Land Use Districts for Lakes
(1) Land Use District - Uses (R1, R2, R3, R4)
General Recreational Natural
Development Development Environment
Lakes Lakes Lakes
-Single
residential P P P
-Semipublic C C C
-Parks and
historic C C C
sites
-Extractive
use C C C
-Forest
management P P P
Mining of
metallic
minerals and C C C
peat
(2) High-Density Residential District - Uses
(R5, M-1, and M-2)
-Residential
planned unit C C C
developments
-Surface
water C C C
oriented
commercial *
-Semipublic C C C
-Parks and
historic C C C
sites
-Duplex,
triples, P P P
quad
residential
-Forest
management P P P
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(3) Water Oriented Commercial District - Uses
(GR, LB, NB, GB)
-Surface
water- P P C
oriented
commercial
-Commercial
planned unit C C C
developmnt**
-Public,
semi-public C C C
-Parks and
historic C C C
sites
-Forest
management P P P
(4) General Use District - Uses
(GR, LB, NB, I)
-Commercial P P P
-Commercial
planned unit C C C
developmnt**
-Industrial C C C
-Public,
semi-public P P P
-Extractive C C C
use
-Parks and
historic C C C
sites
-Forest
management P P P
-Mining of
metallic C C C
minerals and
peat
*As accessory to a residential planned unit development.
**Limited expansion of a commercial planned unit development
involving up to six additional dwelling units or sites may
be allowed as a permitted use provided the provisions of
Section 8.0 of this ordinance are satisfied.
~ Land Use Districts for Rivers and Streams. The land use
districts for rivers and streams (remote, forested, transition,
agricultural, urban and tributar) shall comply with the land
use district provisions as specified in Ordinance No.8,
Section 7.01, Permitted Uses; Section 7.02, Accessory Uses; and
Section 7.03, Special Uses.
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4 23 Use and Upgradina of Inconsistent Land Use Districts
~ The land use districts adopted in Ordinance No. *, Section
6.0, as they apply to shore land areas, and their delineated
boundaries on the Official Zoning Map, if found to inconsistent
with the land use district designation criteria specified in
Section 4.22 herein. 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 of the Official Zoning Map.
~ When revision is proposed to and inconsistent land use
district provision, the following additional criteria and
procedures shall apply:
(1) For 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 ordinance on said lake
must be revised to make them substantially compatible with
the framework in Sections 4.21 and 4.22 of this ordinance,
(2) For 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
these ordinance must be revised to make them substantially
compatible with the framework in Sections 4.21 and 4,22 of
this ordinance. If the same river classification is
contiguous for more than a five-mile segment, only the
shoreland for a distance of 2.5 miles upstream and
downstream, or to the class boundary if closer, need be
evaluated and revised.
~ 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.
~ 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 waterbody as is necessary to
satisfy Items A and B.
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~ The City Council must make a detailed finding or fact and
conclusion when taking final action that this revision, and the
upgrading of any inconsistent land use district designation on
said waterbody, are consistent with the enumerated criteria and
use provisions of Section 4.2,
SECTION 5.0 ZONING AND WATER SUPPLY/SANITARY PROVISIONS.
5.1 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
ordinance for the lake and river/stream classifications are the
following:
5 11 Unsewered Lakes
~ Natural Environment:
Riparian Non-
Lots riparian
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
~ Recreational Development:
Riparian Non-
Lots riparian
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
~ General Development:
Riparian Non-
Lots riparian
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
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5 12 Sewered Lakes
~ Natural Environment:
Riparian Non-
Lots riparian
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
~ Recreational Development:
Riparian Non-
Lots riparian
Lots
Area Width Area Width
Single 20,000 80 15,000 80
Duplex 35,000 l35 26,000 l35
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
~ General Development:
Riparian Non-
Lots riparian
Lots
Area Width Area Width
Single 15,000 80 U,400 80
Duplex 26,000 l35 26,000 l35
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
5 13 River/stream Lot Width Standards There is no minimum lot
size requirements for rivers and streams. The lot width standards
for single, duplex, triples and quad residential developments for
the six river/stream classifications are:
Remote Forested Tran- Agricul- Urban & Tributarv
sition tural No Sewer Sewer
Single 300 200 250 150 100 80
Duplex 450 300 375 225 150 US
Triplex 600 400 500 300 200 150
Quad 750 500 625 375 250 190
5 14 Additional Special provisions
~ Residential subdivisions with dwelling unit densities
exceeding those in the tables in Sections 5.12 and 5.13 can
only be allowed if designed and approved as residential planned
unit developments under Section 8,0 of this ordinance. Only
land above the ordinary high water level of public waters can
be used to meet lot area standards, and lot width standards
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must be met at both the ordinary high water level and at the
building line. The sewer lot area dimensions in Section 5.12
and only be used if publicly owned sewer system service is
available to the property.
~ Subdivisions of duplexes, triplexes, and quads on Natural
Environment Lakes must also meet the following standards:
(1) Each building must be set back at least woo feet form
the ordinary high water level;
(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 25 percent of a lake's shoreline can be in
duplex, triplex, or quad developments.
~ One guest cottage may be allowed on lot meeting or
exceeding the duplex lot area and width dimensions presented in
Sections 5.11-5.13, 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)
feet
and
A guest cottage must not cover more than 700 square
of land surface and must not exceed 15 feet in height;
(3)A guest cottage must be located or designed to reduce
its visibility as viewed from public waters and adjacent
shore lands by vegetation, topography, increased setbacks, or
color, assuming summer leaf-on conditions.
(4) Meets the requirements of Ordinance No.8, Section
8.14, Guest Houses.
~ Lots intended as controlled accesses to public waters or as
recreation areas for use by owners of nonriparion 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.
16
(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,
consistent with the following table:
Controlled Access Lot Frontage Requirements:
Ratio of Lake Size to Shore Required Increase in
Length (acres/miles) 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.
5.2 Placement. Design. and Height of Structures.
5.21 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
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:
17
~ Structure and on-site sewage system setbacks (in feet) from
ordinary high water level*.
Setbacks*
Classes of Unsewered Sewered Sewage
Public Waters Structures Structures Treatment
System
Lakes
Natural 150 150 150
Environment
Recreational 100 75 75
Development
General 75 50 50
Development
Rivers
Remote 200 200 150
Forested & 150 150 100
Transition
Agriculture, 100 50 75
Urban, &
Tributary
*One water-oriented accessory structure designed in
accordance with Section 5.22 of this ordinance may be set
back a minimum distance of ten (10) feet from the ordinary
high water level.
~ Additional Structure setbacks. The following additional
structure setbacks apply, regardless or the classification of
the waterbody:
Setback From: Setback (in feet)
(1) Top of bluff 30
(2) Unplatted cemetery 50
(3) right-of-way line of
federal, state, or county 50
highway
(4) right-of way line of town
road, public street, or other
roads or streets not 40
classified
~ Bluff Impact Zones. Structures and accessory facilities,
except stairways and landing, must not be placed within bluff
impact zones.
~ Uses Without Water-oriented Needs. Commercial, industrial,
public and semi-public uses without water-oriented needs must
be located on lots or parcels without public waters frontage,
or, if located on lots or parcels with public waters formative,
must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the
water by vegetation of topography, assuming summer, leaf-on
conditions.
18
5 22 Design Criteria for Structures
~ High Water Elevations. Structures must be placed in
accordance with any flodplain regulations applicable to the
site. Where these controls do not exist, the elevation to
which the lowest floor, including basement, is placed of flood-
proofed must be determined as follows:
(1) for lakes, by placing the lowest floor at a level at
least three feet above the highest known water level, or
three feet above the ordinary high water level, whichever is
higher;
(2) for rivers and streams, by placing the lowest floor at
least three feet above the flood of record, if data are
available. If data are not available, by placing the lowest
floor at least three feet above the ordinary high water
level, or by conducting a technical evaluation to determine
effects of proposed construction upon flood stages and flood
flows and to establish a flood protection elevation. Under
all three approaches, technical evaluations must be done by
a qualified engineer or hydrologist consistent with parts
6120.5000 to 6120.6200 governing the management of flood
plain areas. If more than one approach is used, the highest
flood protection elevation determined must be used for
placing structures and other facilities; and
(3) water-oriented accessory structures may have the lowest
floor placed lower than the elevation determined in this
item if the structure is constructed of flood-resistant
materials to the elevation, electrical and mechanical
equipment is placed above the elevation and, if long
duration flooding is anticipated, the structure is built to
withstand ice action and wind-driven waves and debris.
~ Water-oriented Accessory Structures. Each lot may have one
water-oriented accessory structure not meeting the normal
structure setback in Section 5.21 of this ordinance if the
water-oriented accessory structure complies with the following
provisions:
(1) the structure of facility must not exceed ten feet in
height, exclusive of safety rails, and cannot occupy an area
greater than 250 square feet. Detached decks must not
exceed eight feet above grade at any point;
(2) the setback of the structure or facility form the
ordinary high water level must be at least ten feet;
(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;
19
(5) the structure or facility must not be designed or used
for human habitation and must not contain water supply of
sewage treatment facilities; and
(6) as an alternative for general development and
recreational development waterbvodies, water-oriented
accessory structures used solely for watercraft storage, and
including storage of related boating and water-oriented
sporting equipment, may occupy an area up to 400 square feet
provided the maximum width of the structure is 20 feet as
measured parallel to the configuration of the shoreline.
~ Stairways, Lifts, and Landings. Stairways and lifts are
the preferred alternative to major topographic alteration for
achieving access up and down bluffs and steed slopes to shore
areas, Stairways and lifts must meet the following design
requirements:
(2) landings for stairways and lifts on residential lots
must not exceed 32 square feet in area. Landings larger
than 32 square feet may be used for commercial properties,
public open-space recreational properties, and planned unit
developments;
(3) canopies or roofs are not allowed on stairways, lifts,
or landings;
(4) stairways, lifts, and landings may be either constructed
above the ground on posts or pilings, or placed into the
ground, provided they are designed and built in a manner
that ensures control of soil erosion;
(5) stairways, lifts, and landings must be located in the
most visually inconspicuous portions of lots, as viewed from
the surface of the public water assuming summer, leaf-on
conditions, whenever practical; and
(6) facilities such as ramps, lifts, or mobility paths for
physically handicapped persons are also allowed for
achieving access to shore areas, provid~d that the
dimensional and performance standards of sub-items (1) to
(5) are complied with in addition to the requirements of
Minnesota Regulations, Chapter 1340.
~ Significant Historic Sites. No structure may be placed on
a significant historic site in a manner that affects the values
of the site unless adequate information about the'site has been
removed and documented in a public repository.
~ 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
20
erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed form the
surface of public waters, assuming summer, leaf-on vegetation.
5 23 Height of Structures. All structures in city residential
districts, except churches and non-residential agricultural
structures, must not exceed 25 feet in height.
5.3 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.
5.31 Vegetation Alterations
~ Vegetation alteration necessary for the construction of
structures and sewage treatment systems and the construction of
reads and parking areas regulated by Section 5.4 of this
ordinance are exempt from the vegetation alteration standards
that follow,
~ Removal or alteration of vegetation, except for
agricultural and forest management uses as regulated in Section
5.62 and 5.63, 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 form 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 form 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,
5 32 TODogra~hic Alterations/Grading and Filling
21
~ 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 permits for construction of
structures, sewage treatment systems, and driveways.
~ Public roads and parking areas are regulated by Section 5.4
of this ordinance.
~ Notwithstanding items ~ and ~ above, 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 50 cubic yards of material
outside of steep slopes and shore and bluff impact zones.
~ 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 evaluated 0 determine how extensively the
proposed activity would affect the following functional
qualities of the wetland*:
(alsediment and pollutant trapping and retention;
(blstorage of surface runoff to prevent or reduce flood
damage;
(e) fish and wildlife habitat;
(d) recreational use;
(elshoreline or and 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 of whether the
wetland alteration being proposed requires permits, reviews,
or approvals by other local, state, or federal agencies such
as a watershed district, the Minnesota Department of Natural
Resources, or the United States Army Corps of Engineers.
The applicant will be so advised.
22
(2) Alterations must be designed ands 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
vegetation cover must be established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments
before they reach any surface water 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 30 percent or greater;
(8) Fill or excavated material must not be placed in bluff
impact zones;
(9) Any alterations below the ordinary high water level of
public waters must first be authorized by the commissioner
under Minnesota Statutes, section 105.42;
(10) Alteration of topography must only be allowed if they
are accessory to permitted or conditional uses and do 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 horizontal to one foot vertical, the landward extent of
the riprap is within ten feet of the ordinary high water
level, and the height of the riprap above the ordinary high
water level does not exceed three feet.
~ Connections to public waters. 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.
5.4 Placement and Design of Roads. Driveways. and parkina Areas.
~ 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
23
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.
~ 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.
~ 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 subpart are met. For private facilities, the
grading and filling provisions of Section 5.32 of this ordinance
must be met.
5.5 Sormwater Management. The following general and specific
standards shall apply:
5.51 General Standards:
~ When possible, existing natural drainage-ways, wetlands,
and vegetated soil surfaces must be used to convey, store,
filter, and retain stormwater runoff before discharge to public
waters.
~ 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.
~ When development density, topographic features, and soil
and vegetation conditions are not sufficient to adequately
handle stormwater runoff using natural features and vegetation,
various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds
may be used. Preference must be given to designs using surface
drainage, vegetation, and infiltration rather than buried pipes
and man-made materials, and facilities.
5.52 Specific Standards:
~ Impervious surface coverage of lots must not exceed 25
percent of the lot area.
~ When constructed facilities are used for stormwater
management, documentation must be provided by a qualified
individual that they are designed and installed consistent with
the field office technical guide of the local soil and water
conservation districts.
24
~ New constructed stormwater outfalls to public waters must
provide for filtering or settling of suspended solids and
skimming of surface debris discharge.
5.6 Special provisions for Commercial. Industrial.
Public/Semipublic. Aaricultural. Forestry and Extractive Uses and
Minina of Metallic Minerals and Peat.
5 61 Standard for Commercial. Industrial. Public and Semipublic
~
~ 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 ordinance, the
uses must be designed to incorporate topographic and
vegetative screening of parking areas and structures;
(2) uses that require short-term watercraft mooring for
patrons must centralize these facilities and design them to
avoid obstructions of navigation and to be the minimum size
necessary to meet the need; and
(3) uses that depend on patrons arriving by watercraft may
use signs and lighting to convey needed information to the
public, subject to the following general standards:
(a)in addition to meeting the sign requirements of
Ordinance No.8, Section 8.07, 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 of 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 above the ground, and
must not exceed 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
25
across public waters. This does not preclude use of
navigational lights.
~ 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.
5 62 Agricultural Use Standards
~ 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. The shore impact zone for parcels with permitted
agricultural land uses is equal to a line parallel to and 50
feet from the ordinary high water level.
~ Animal feedlots must meet the following standards:
(1) new feedlots must not be located in the shoreland of
watercourses or in bluff impact zones and must meet a
minimum setback of 300 feet from the ordinary high water
level of all public water basins; and
(2) modifications or expansions to existing feedlots that
are located within 300 feet of the ordinary high water level
or within a bluff impact zone are allowed if they do not
further encroach into the existing ordinary high water level
setbacks, or encroach on bluff impact zones.
5 63 Forest Management Standards. The harvesting of timber and
associated reforestation must be conducted consistent with the
provisions of the Minnesota Nonpoint Source Pollution Assessment-
Forestry and provisions of Water Quality in Forest Management
"Best Management Practices in Minnesota".
5.64 Extractive Use Standards
~ Site Development and Restoration Plan. In addition to
complying with the provisions of Ordinance. No.8, Section
4.24, 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. It must also
identify actions to be taken during operation to mitigate
actions to be taken during operation to mitigate adverse
environmental impacts, particularly erosion, and must clearly
26
explain how the site will be rehabilitated after extractive
activities end.
~ 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 65 Mining of Metallic Minerals and Peat Mining of metallic
minerals and peat as defined in Minnesota Statutes, Sections 93,44
to 93.5~, shall be a conditional use. The provisions of Minnesota
Statutes, Sections 93.44 to 93.5~, must be satisfied.
5.7 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 Ordinance No.8, Section 5.03. The following
additional evaluation criteria and conditions apply within shoreland
areas:
5 7~
body
site
Evaluation Criteria. A thorough evaluation of the water
and the topographic, vegetation, and soil conditions on the
must be made to ensure:
(~) the prevention of soil erosion or other possible
pollution of public waters, both during and after
construction;
(2) the visibility of structure and other facilities as
viewed from public water is limited;
(3) the site is adequate for water supply and on-site sewage
treatment; and
(4) the types, uses, and numbers of watercraft that the
project will generate are compatible in relation to the
suitability of public waters to safely accommodate these
watercraft.
5.72 Conditions Attached to Conditional Use Permits The city
council, upon consideration of the criteria listed above and the
purposes of this ordinance, shall attach such conditions to the
issuance of the conditional use permits as it deems necessary to
fulfill the purposes of this ordinance. Such conditions may
include, but are not limited to the following:
(~) increased setbacks from the ordinary high water level;
(2) limitations of the natural vegetation to be removed or
the requirement that additional vegetation be planted; and
(3) special provisions for the location, design, and use of
structures, sewage treatment systems, watercraft launching
and docking areas, and vehicle parking areas.
27
5.8 Water Supply and Sewage Treatment.
5 81 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.
5 82 Sewage Treatment
must be provided with an
follows:
Any premises used for human occupancy
adequate method of sewage treatment, as
~ Publicly-owned sewer systems must be used where available.
~ All private sewage treatment systems must meet or exceed
the Minnesota Pollution Control Agency's 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
ordinance.
~ On-site sewage treatment systems must be set back from the
ordinary high water level in accordance with the setbacks
contained in Section 5.21 of this ordinance.
~ All proposed sites for individual sewage treatment systems
shall be evaluated in accordance with the criteria in subitems
(1)-(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:
(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.
~ Nonconforming sewage treatment systems shall be regulated
and upgraded in accordance with Section 6.3 of this ordinance.
SECTION 6.0 NONCONFORMITIES. All legally established nonconformities
as of the date of this ordinance may continue, but they will be managed
according to applicable state statutes and other regulations of the City
of Andover 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:
28
6.1 Construction on Nonconformina Lots of Record.
~ 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 Section 5.1 of this ordinance 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 ordinance are
met.
~ A variance from setback requirements must be obtained
before any use, sewage treatment system, or building permit is
issued for a lot. In evaluation 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.
~ If, in a group of two or more contiguous lots under the
same ownership, any individual lot does not meet the
requirements of Section 5.1 of this ordinance, 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 Section 5.1 of this ordinance as
much as possible.
6.2 Additions/E~ansions to Nonconformina Structures.
~ All additions or expansions to the outside dimensions of an
existing nonconforming structure must meet the setback, height,
and other requirements of Section 5.0 of this ordinance. Any
deviation from these requirements must be authorized by a
variance pursuant to Section 3.3.
~ Deck additions may be allowed without a variance to a
structure not meeting the required setback from the ordinary
high water level if all of the following criteria and standards
are met:
(1) the structure existed on the date the structure setbacks
were established;
(2) a thorough evaluation of the property and structure
reveals no reasonable location for a deck meeting or
exceeding the existing ordinary high water level setback of
the structure;
(3) the deck encroachment toward the ordinary high water
level does not exceed 15 percent of the existing setback of
the structure from the ordinary high water level or does not
encroach closer than 30 feet, whichever is more restrictive;
and
29
(4) the deck is constructed primarily of wood, and is not
roofed or screened.
6.3 Nonconfor.mina Sewaae Treatment Svstems.
~ A sewage treatment system not meeting the requirements of
Section 5.8 of this ordinance 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.
~ The City Council of the City of Andover has by formal
resolution notified the commissioner of its program to identify
nonconforming sewage treatment systems. The City of Andover
will require upgrading of replacement of any nonconforming
system identified by this program within a reasonable period of
time which will not exceed 2 years. Sewage systems installed
according to all applicable local shoreland management
standards adopted under Minnesota Statutes, Section 105.485, 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 groundwater than required by
the Minnesota Pollution Control Agency's Chapter 7080 for
design of on-site sewage treatment systems, shall be considered
nonconforming.
SECTION 7.0 SUBDIVISION/PLATTING PROVISIONS.
7.11 Land Suitabilitv. Each lot created through subdivis10n,
including planned unit developments authorized under Section 8.0 of
this ordinance, must be suitable in its natural state for the
proposed use with minimal alteration. Suitability analysis by the
local unit of government shall consider susceptibility to flooding,
existence of wetlands, soil and 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.
7.12 Consistencv With Other Controls. Subdivisions must conform to
all official controls of this 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
Section 5.2 and 5.8 can be provided for every lot. Each lot shall
meet the minimum lot size and dimensional requirements of Section
30
5.~, including at least a minimum contiguous lawn area, that is free
of limiting factors sufficient for the construction of two standard
soil treatment systems. Lots that would require use of holding tanks
must not be approved.
7.13 Information Requirements. Sufficient information must be
submitted by the applicant for community to make a determination of
land suitability. The information shall include at least the
following:
(~) topographic contours at ten-foot 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 505.2, 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 stormwater runoff and
erosion, both during and after construction activities;
(5) location of ~OO-year flood plain areas and floodway
districts form 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.
7.14 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 stormwater and
significant wetlands.
7.15 Plattina. All subdivision that create five or more lots or
parcels that are 2-~/2 acres of 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.
7.16 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 Section 5.~4 of this ordinance.
31
8.0 PLANNED UNIT DEVELOPMENTS (POD's)
8.1 TYPes of POD'sPermissib1e. Planned unit developments (PUD's)
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 Section 4.2 of
this ordinance and per Ordinance No.8, Section 4.18.
8.2 processina of PUD's. Planned unit development must be processed
as a conditional use. The expansion to an existing commercial PUD
involving 6 or less new dwelling units or sites since the date this
ordinance was 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 Section 8.5. The provisions of Ordinance No.8,
Section 4.18 and 5.03 shall apply. Approval cannot occur until the
environmental review process (EAW/EIS) is complete.
8.3 Aoo1ication for a POD. The applicant for a PUD must submit the
following documents (in addition to the requirements as specified on
Ordinance No.8, Section 4.18, Planned Unit Developments and
Ordinance No. 10, Subdivision) prior to final action being taken on
the application request:
~ 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 intervals or less.
When a PUD is a combined commercial and residential development,
the site plan/plat must indicate and distinguish which building
and portions of the project are residential, commercial, or a
combination of the two.
~ A property owner association agreement (for residential
PUD's) with mandatory membership, and all accordance with the
requirements of Section 8.6 of this ordinance.
~ Deed restriction, covenants, permanent easement, or other
instruments that:
(1) properly address future vegetative and topographic
alterations, construction of additional buildings, beaching
of watercraft, and construction of commercial buildings in
residential PUD's; and
(2) ensure the long-term preservation and maintenance of
open space in accordance with the criteria and analysis
specified in Section 8.6 of this ordinance.
~ When necessary, a mater plan/drawing describing the project
and the floor plan for all commercial structures to be occupied.
32
~ Those additional documents as requested by the Planning and
Zoning and City Council that are necessary to explain how PUD will
be designed and will function.
8.4 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 Section 8.5.
~ 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
Unserered Sewered
(feet) (feet)
General development lakes-
first tier 200 200
General development lakes-
second and additional 267 200
tiers
Recreational development
lakes 267 267
Natural environment lakes 400 320
All river classes 300 300
~ 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.
8,5 Residential and Commercial PUD Densitv 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
waterbody, but must not be transferred to any other tier closer.
8 51 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 local unit of government 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 Section 8.6.
33
8.52 Commercial PUD "Base" densitv Evaluation.
~ 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.
~ Select the appropriate floor area ratio from the following
table:
Commercial Planned Unit Development
Floor Area Ratios*
Public Waters Classes
Sewered Second and
general additional
*Average unit development tiers on Natural
floor area lakes; first unsewered environment
(sq. ft. ) tier on general lakes and
unsewered development remote river
general lakes; segments
development recreational
lakes; urban, development
agricultural, lakes;
tributary transition
river and forested
segments river
segments
200 .040 .020 .O~O
300 .048 .024 .0~2
400 .056 .028 .0~4
500 .065 .032 .0~6
600 .072 .038 .0~9
700 .082 .042 .02~
800 ,09~ .046 .023
900 .099 .050 .025
~,OOO .~08 .054 .027
~,~OO .~~6 .058 .029
~,200 .~25 .064 .032
~,300 .~33 .068 .034
~,400 .~42 .072 .036
~,500 .~50 .075 .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 ~,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.
~ 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.
34
~ Divide the total floor area by tier computed in Item ~
above by the average inside living area size determined in Item
~ above. This yields a base number of dwelling unit and sites
for each tier.
~ 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 section 8.6.
8.53 Density Increase Multipliers
~ Increases to the dwelling unit or dwelling sit base
densities previously determined are allowable if the
dimensional standards in Section 5.0 are met or exceeded and
the design criteria in Section 8.6 are satisfied. The
allowable density increases in Item ~ below will only be
allowed if structure setbacks from the ordinary high water
level are increased to at least 50 percent greater than the
minimum setback, or the impact on the waterbody is reduced an
equivalent amount through vegetative management, topography, or
additional means acceptable to the local unit of government and
the setback is at least 25 percent greater than the minimum
setback.
~ 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
8.6 Maintenance and Desian Criteria.
8 61 Maintenance and Administration Requirements.
~ 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.
~ Open space preservation. Deed restrictions, covenants,
permanent easements, public dedication and acceptance, or other
equally effective and permanent preservation and maintenance of
open space. The instruments must include all of the following
protections:
(1) commercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alteration other than routine
maintenance prohibited;
35
(3) construction of additional buildings or storage of
vehicles and other materials prohibited; and
(4) uncontrolled beaching of watercraft prohibited.
~ Development organi~ation and functioning. 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.
8 62 Open Space Reauirements Planned unit developments must
contain open space meeting all of the following criteria:
(1) at least 50 percent of the total project area must be
preserved as open space;
(2) 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;
(3) open space must include areas with physical
characteristics unsuitable for development in their natural
state, and areas containing significant historic sites or
unplatted cemeteries;
(4) 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;
(5) open space may include subsurface sewage treatment
systems if the use of the space is restricted to avoid
adverse impacts on the systems;
(6) open space must not include commercial facilities or
uses, but may contain water-oriented accessory structures or
facilities;
36
(7) 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
(8) the shore impact zone, based on normal structure
setbacks, must be included as open space. For residential
PUD's, at least 50 percent of the shore impact zone area of
existing developments or at least 70 percent of the shore
impact zone area of new developments must be preserved in
its natural or existing state. For commercial PUD's, at
least 50 percent of the shore impact zone must be preserved
in its natural state.
8.63 Erosion Control and Stormwater Mana~ement Erosion control
and stormwater management plans must be developed and the PUD
must:
(1) 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
(2) be designed and constructed to effectively manage
reasonable expected quantities and qualities of stormwater
runoff. Impervious surface coverage within any tier must
not exceed 25 percent of the tier area, except that for
commercial PUD's 35 percent impervious surface coverage may
be allowed in the first tier of general development lakes
with an approved stormwater management plan and consistency
with Section 5.3.
8.64 Centralization and Desi~n of Facilities. Centralization and
design of facilities and structures must be done according to the
following standards:
(1) 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 Sections 5.2 and 5.8 of this ordinance. 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;
(2) dwelling units or sites must be clustered into one or
more groups and located on suitable areas of the
37
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 Section 8.53 of this
ordinance for developments with density increases;
(3) 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 groundwater 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 of 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;
(4) structures, parking areas, and other facilities must be
treated to reduce visibility as viewed from public waters
and adjacent shore lands by vegetation, topography, increased
setbacks, color, or other means acceptable to the local unit
of government, assuming summer, leaf-on conditions.
Vegetative and topographic screening must be preserved, if
existing, or may be required to be provided;
(5) accessory structures and facilities, except water
oriented accessory structures, must meet the required
principal structure setback and must be centralized; and
(6) water-oriented accessory structures and facilities may
be allowed if they meet or exceed design standards contained
in Section 5.2 of this ordinance and are centralized.
8.7 Conversions. Local governments may allow existing resorts or
other land used and facilities to be converted to residential Planned
Unit Developments if all of the following standards are met:
8.7l 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.
8 72
sewage
space,
of the
Deficiencies Deficiencies involving water supply and
treatment, structure color, impervious coverage, open
and shore recreation facilities must be corrected as part
conversion or as specified in the conditional use permit.
38
8 73 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:
(1) removal of extraneous buildings, docks, or other
facilities that no longer need to be located in shore or
bluff impact zones;
(2) remedial measures to correct erosion sites and improve
vegetative cover and screening of buildings and other
facilities as viewed from the water; and
(3) 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.
8 74 Existing Existing dwelling unit or dwelling site densities
that exceed standards in Section 8.5 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.
Adopted by the City Council of the City of Andover on this 20th day of
September, 1994.
ATTEST:
CITY OF ANDOVER
Victoria Volk, City Clerk
J, E. McKelvey, Mayor
39
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No, 10M.
AN ORDINANCE AMENDING ORDINANCE NO. 108, THE SHORELAND
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 108 is hereby amended as follows:
Section 2.7225 is amended as follows:
2.7225 Feedlot. "Feedlot" means an area where fifteen (15) or more Qon-
domestic animals are confined.
Section 4.12 is amended as follows:
4.12 ~
B. Recreational Development Lakes
Protected Waters
Inventory LD. #
1. Unnamed T32N, R 24W. Sect. 36
2. Ward Lake T32N, R 24W. Sect. 1,2. 12
3. Unnamed T32N, R24W. Sect. 4
4. Unnamed T32N, R 24W. Sect. 7
5. (Lake Leeman) Unnamed T32N, R 24W. Sect. 12
6. Bunker Lake T32N, R 24W, Sect. 35. 36
DNR ID #2-74W
DNR ID #2-85P
DNR ID #2-86W
DNR ID #2-87W
DNR ID #2-88W
DNR ID #2-90P
C. General Development Lakes
1. Crooked Lake T32N, R24W. Sect. 33
2. Round Lake T32N, R24W. Sect. 20. 29
DNR ID #2-84P
DNR ID #8-89P
Section 4,13 is amended as follows:
4.13 Rivers and Streams. See Ordinance Number 52. Scenic River
Ordinance
A: Remote Rivers
Page Two
Amendment
Shoreland Ord. (No. 108)
November 19,1996
Nene
Ih Farestea Riyers
Nene
G., TFaflsitisn Rivers
Nene
I* .^.:griel::lltuml. Rivers
Nene
E: Urban Rivers
Nene
~ Triel:ltary Str-eams
Nene
* All pl.'steetea watere01:l:l'ses iB the City sf .^ .nElsver shElv/R an the Preteetea
Waters IRventary Map far :\naka emmty, a eailY of ' shieh is hereby aElsflteEl by
refereBee, eot giyeB a elassifieatien iB Items .\ E abave shall ee eaBsidereEl
"Tribl:ltary".
Section 5.22 is amended as follows:
B. Water-oriented Accessory Structures. Each lot may have one water-
oriented accessory structure not meeting the normal structure setback in
Section 5.21 of this ordinance if the water-oriented accessory structure
complies with the following provisions:
(7) Decks shall not be considered as an accessory structure when
attached to the primary structure.
Section 5.62 is amended as follows:
5.62 Agricultural Use Standards.
Page Three
Amendment
Shoreland Ord. (No. 108)
November 19, 1996
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 filed 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, lkn.
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 I equal to line parallel to and
50 feet from the ordinary high water level.
B. Animal feedlot must meet the following standards in accordance with
peA rules 7020.0100 - 7020.1900:
Adopted by the City Council of the City of Andover this.l.21h day of November.
1996.
CITY OF ANDOVER
ATTEST:
~ tldL
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 108 SUMMARY
AN ORDINANCE REGULATING AND MANAGING SHORELANDS WITHIN THE CITY
OF ANDOVER AND REPEALING ORDINANCE NO. 71 ADOPTED AUGUST 6, 1985.
The City Council of the City of Andover does hereby ordain:
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This shoreland ordinance is adopted pursuant to the
authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts
6120.2500 - 6120.3900, and the planning and zoning
enabling legislation in Minnesota Statutes, Chapter
462.
Policy
The uncontrolled use of shorelands of the City of
Andover, Minnesota 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 Legislature of
Minnesota 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
of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the
shorelands of the public water bodies as classified in
Section 4.0 of this ordinance. Pursuant to Minnesota
Regulations, Parts 6120.2500 - 6120.3900, no lake,
pond, or flowage less than 10 acres in size in
municipalities or 25 acres in size in unincorporated
areas need be regulated in a local government's
shoreland regulations. 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 ordinance.
1
Compliance
The use of any shoreland of public waters; the size
and shape of lots; the use, size, type and location of
structures on l.ots; 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
ordinance and other applicable regulations.
Enforcement
The zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any
violation of the provisions of this ordinance or
failure to comply with any of its requirements
(including violations of conditions and safeguards
established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and
shall be punishable as defined by law. Violations of
this ordinance can occur regardless of whether or not
a permit is required for a regulated activity pursuant
to this ordinance.
Interpretation
In their interpretation and application, the
provisions of this ordinance 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.
Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed
to the extent of the inconsistency only.
A printed copy of this Ordinance is available for inspection by
any person during regular office hours of the city Clerk and at
the Andover Branch of the Anoka County Library
2