HomeMy WebLinkAbout07-08-09-WS Chair
Clayton Larson 1245 W. Highway 96
CommissionersAndrew Holewa EN HILLS Arden Hills MN 5 112
Liz Modesette 651.792.7800
Daniel Reiff Arden Hills wwwA.arden-hills.mmus
Janet Stodola
Roberta Thompson Planning Commission
Clayton Zimmerman Work Session
..July 8, 2009
City Vision
A strong community that values our unique environment, our fiscal soundness,
and our tradition as a desirable city in which to live, work, and play.
Agenda
Call to Order
1. APPROVAL OF THE AGENDA
2. Topics
A. Planning Case 09-003;Zoning Ordinance Amendment Discussion; Shoreland Management Ordinance;
City of Arden Hills
3. ADJOURNMENT
A quorum of the City Council may be present at this meeting.
Planning Cases are available online at:
hftp://www.ci.arden-hills.mn.us/planninqcases
EN HILLS
MEMORANDUM
DATE: July 8, 2009 PC Agenda Item 2.A
TO: Planning Commission
FROM: Meagan Beekman, City Planner
SUBJECT: Shoreland Management Ordinance Work Session
City of Arden Hills
Requested Action
The PIanning Commission is being asked to discuss the attached draft of the Shoreland
Management Ordinance, and related zoning code changes, and provide feedback and comments
to Staff. No formal action will be taken.
• The proposed amendments would impact three sections of the Zoning Code:
• Section 1305.04, Definitions
• Section 1330, Shoreland Regulations
• Section 1325.07, Performance Standards
Background
The current set of shoreland regulations was updated in early 2002 as part of the re-codification
of the overall City Code and to address certain requirements in the Minnesota Department of
Natural Resources (DNR) shoreland regulations. While that ordinance update did address some
of the technical requirements set by the DNR, there were a number of holes and unaddressed
issues remaining after that update. Concurrently, Staff has been faced with a number of
questions and concerns expressed by local property owners that are not explicitly addressed in
the existing ordinance. These scenarios have introduced the need for greater clarification to the
City's shoreland ordinance so that it may be able to promptly address common issues and
concerns as they pertain to public waters and wetlands.
City of Arden Hills
Planning Commission Meeting for July 8, 2009
IlMetro-inet.uslardenhillsiPlanninglPlanning Cases12009109-003 Shoreland Preservation Ordinance(Pending)1070809-PC report-Shoreland
Regulation Ordinanee.doe
Page 1 of 4
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The DNR has started an update process to the statewide shoreland regulations,which is the
foundation for shoreland regulations in virtually all cities. Based on conversations with the
DNR, any draft rules would not be available until at least April 2009 and that final updates could •
still be a number of years away pending state approval. In the interim,the DNR recommended
Staff review the alternative shoreland management standards that were published in December
2005, though those standards are more suited to undeveloped areas. While future changes to the
statewide regulations may impact the City's ordinance, Staff recommends moving forward with
our update process so that local needs can be addressed.
Identified Issues
As part of this update project, Staff has identified a number of open issues and concerns. While
some of these concerns can be addressed with existing DNR regulations and guidelines, others
do not have official guidance from the DNR or are not adequately addressed by the DNR. Staff
has gathered a considerable amount of research. In addition to consulting with neighboring
communities as well as the City of Minnetonka and the City of Eden Prairie, Staff worked with
the DNR, the City Attorney, and residents to shape the attached draft of the ordinance.
The attached draft and items highlighted for specific discussion are not considered final, and
Staff encourages additional questions and suggestions.
NOTE: The attached draft is in black-lined form and Staff has highlighted areas that specifically
require additional discussion; however the entire document is open for change, feedback, and
discussion as well. •
Definitions
Pages from Section 1305 have been included in this packet (Attachment A). These are the
definitions that are proposed to be added or amended with the adoption of the Shoreland
Management Ordinance. Most of the changes come directly from the DNR regulations and are
required to be changed to bring the City regulations into compliance with the DNR. A number
of definitions have been deleted that are not reference in the City's ordinance as well.
Shoreland Regulations (Attachment#J
Section 1330 has been included in its entirety. This section of the City Code is the most
significantly altered by this proposed amendment. Parts of this section have been updated to
reflect current DNR regulations, other parts have been amended to better clarify current
enforcement practice in the Shoreland area, and still other areas have been added to reflect
growing concern amongst City Council and other residents about issue facing the shoreland.
Below is a list of significant changes to the regulations. This list is by no means all inclusive of
the amendments proposed at this time.
City of Arden Hills
Planning Commission Meeting for July 8, 2009
IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-003 Shoreland Preservation Ordinance(Pending)1070809-PCreport-Shoreland
Regulation Ordinance.doc Page 2 of 4
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• Little Johanna was reclassified from a General Development Lake to a Recreational
Development Lake due to reclassification by the DNR.
• Several sections of the ordinance were removed that were redundant with regulations
elsewhere in the Zoning Code.
• The regulation pertaining to nonconforming lots was significantly amended due to
changes in State Statute.
• Subd. 5, Exceptions to Structure Setback Requirements,was amended to expressly
include language pertaining to docks, fences, accessory structures, stairways and
landings. More specifically, the draft includes language that would now permit up to
one accessory storage shed within the typical structure setbacks from the lake under
certain circumstances. Additionally staff has offered two different optional regulations
that pertain to setbacks of new construction homes when adjacent lots have already been
developed. Staff requests feedback on which of the two is most appropriate.
• Subd. 6,Maintenance of the Shoreland,was also added and regulates the storage of
items on the lakeshore. The use of docks has been clarified, though not significantly
changed. The biggest change is an added regulation that would require items that are in
a state of disrepair or inoperable to be prohibited from being stored outdoors. Staff
request additional discussion and feedback on this item.
• Shoreland alterations have been clarified and consolidated in to one area of the
ordinance; however, no significant changes have been made.
• • A regulation was added that would allow permeable surfaces that are not used as driving
surfaces,to reduce the amount of landscaped area required in direct proportion to the
permeability of the surface. This is a significant change to existing regulations and Staff
requests additional comment and discussion on this item.
• Detached Accessory Garages would now be permitted in the front yard of Lakeshore lots
under certain circumstances and with Staff approval. This is also a significant change to
the existing regulations ans Staff requests additional discussion and feedback on this
item.
• Staff has also added a section on Wetlands. This item is not yet complete and needs
additional research. Staff is proposing that a wetland buffer and subsequent building
setbacks be created within the Code. This item will require additional review and
discussion at a later date.
• Section 1325.07, Performance Standards, has also been included in the packet
(attachment Q. In this section are regulations on lakefront lots that have been removed
City of Arden Hills
Planning Commission Meeting for July 8, 2009
Metro-inet_uslardenhillslPlanninglPlanning Cases12009109-003 Shoreland Preservation Ordinance(Pending)1070809-PC report-Shoreland
Regulation Ordinance.doc Page 3 of 4
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from Section 1325 and reincorporated into Section 1330. This is only for the pupose of
clarity as the regulations have not altered.
As we draft new or revised existing ordinances, it is critical that we focus on clarity and •
enforceability. While it is virtually impossible to gain 100 percent conformance with the
regulations, it is important to adopt regulations that have a reasonable ability to be enforced. In
the process of reviewing these regulations, it is likely that new issues will be added while others
may not need to be regulated. In instances where there are not guidelines from the DNR and no
trends amongst other cities, we should evaluate if new or additional regulations are actually
needed.
Attachments
A—Section 1305.04,Definitions—Black-lined version
B—Section 1330, Shoreland Regulations—Black-lined version
C—Section 1325.07, Performance Standards—Black-lined version.
40
City of Arden Hills
Planning Commission Meeting for July 8, 2009
IIMetro-inet.uslardenhillslPlanninglPlanning Cases0009109-003 Shoreland Preservation Ordinance(Pending)1070809-PC report-Shoreland
Regulation Ordinance.doc Page 4 of 4
•
Attachment
Section 1305 .041 Definitions — Black-lined
Version
•
-AI�EN HILLS
July 8, 2009
City of Arden Hills Chapter 13 Zoning Code
A. Dish Antenna: A parabolic-shaped antenna (including all supporting
apparatus) which is used for transmitting or receiving telecommunication,
television or radio signals, which is located on the exterior, or outside, of
any building or structure.
1. Class I: Dish Antenna under thirty (30) inches or more in
diameter; six (6) feet in surface area; or six (6) feet in height.
2. Class I1: Dish Antenna thirty (30) inches or more in diameter; six
(6) square feet or more in surface area; or six (6) feet or more in
height.
B. Tower: Any pole, spire or structure, or any combination thereof, to
which an antenna is attached, or which is designed for an antenna to be
attached, and all supporting lines, cables, wires and braces; including but
not limited to a free-standing radio (including ham radio and private radio
transmitting) or television receiving antenna, a windmill, and a wind-
powered generator.
Subd. 12 Apartment. A room or suite of rooms located in a one- or two-family
building or multiple dwelling, which shall include a bath and kitchen accommodation,
intended or designed for use as an independent residence by a single household.
• Subd. 13 Appeal. An application for the review of an order, requirement, decision,
determination or interpretation of this Code made by an administrative officer in the
application and/or enforcement of this Code.
Subd. 14 Basement. That portion of a building between floor and ceiling, which is
partly above grade, but so located that the vertical distance from grade to the floor below
is less than the vertical distance from grade to ceiling.
Subd. 15 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 for 50 feet or more shall not be considered part of the blg
(1) Part or all of the feature is located in a shoreland area
(2)The slope rises at least 25 feet above the ordinall 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.
Subd. 16 Bluff Impact Zone. A bluff and land located within 20 feet from the top of
a bluff.
Section 1305 -Rules, Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 3 of 26
City of Arden Hills Chapter 13 Zoning Code
Subd. 17 Board. The board of appeals and adjustment established by this Code.
Subd. 18 Boardinghouse. A building other than a hotel where for compensation and
by pre-arrangement for definite periods, lodging and meals are provided for three (3)
or more persons, but not exceeding five (5)persons.
Subd. 19 Boathouse. A structure used solely for the storage of boats or boating
equipment.
Subd. 20 Boulevard. That portion of a street lying between the lateral line of the
roadway portion thereof(i.e., the back of the curb or curb line) and the right-of-way
line thereof which may contain within its boundaries a sidewalk or portion of
driveway.
Subd. 21 Building. A structure which is designed and suitable for the habitation or
shelter of human beings or animals, or a shelter or storage of property, or is used for
trade or manufacturing.
Subd. 22 Building Line. A line measur-ed aefoss the width of the lot at the point
why e the principal stfuetufe isplaced , aceefdaneewith +t.aek 48-- the
Code's high ,,.^ter- m^_>> line Uarallel to a lot line or the ordinary high water level at
the required setback beyond which a structure may not extend
Subd. 23 Building, Accessory Structure or Use. A subordinate building structure or
•
use which is located on the same lot on which the principal building or use is situated
and which is reasonable necessary, appropriate and incidental to the conduct of the
primary use of such principal building or principal use.
Subd. 24 Building envelope. (See Lot, Buildable portion of.)
Subd. 25 Building height. The vertical distance from the average elevation of the
grade along a face of a building to the highest point of the roof surface of flat roofs,
the deck line of mansard roofs, or the average height between the eaves and the
highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced
building shall be the height of the tallest segment of the building.
Subd. 26 Building inspector. The inspector as provided for in the building code.
p g
Subd. 27 Building, principal. A building in which the principal use, of the lot on
which it is located, is conducted.
Subd. 28 Bulk. The term used to indicate the size and setbacks of buildings or
structures and location of same with respect to one another and includes the following
items:
Section 1305 -Rules, Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 4 of 26
City of Arden Hills Chapter 13 Zoning Code
Size and height of buildings or structures.
A. Location of exterior walls at all levels in relation to lot lines, street or
to other buildings or structures.
B. Gross floor area of buildings or structures in relation to lot lines, street
or to other buildings or structures.
C. All open spaces allocated to buildings or structures.
D. Amount of lot area per dwelling unit.
Subd. 29 Bulk materials. Uncontained solid matter such as powder, grain, stone,
sand, sulfur, etc., that has a tendency to become airborne.
Subd. 30 Business. Any occupation, employment or enterprise wherein
merchandise is exhibited and sold, or which occupies time, attention, labor and
materials, or whereby services are offered for compensation.
Subd. 31 Business services. Services performed primarily for other businesses,
including such services as secretarial, clerical, employment agencies, business
machine service, printing, etc.
• Subd. 32 Caliper Inches. The diameter of a tree measured at 4.5 feet above the
ground. (Added 4128108)
Subd. 33 Clear Vision Area. The clear vision area shall be an area within a triangle
that is measured along the edge of the driving surface of the road at the intersection of
two roads (public or private) and extending thirty (30) feet in each direction from the
intersection with a line connecting the two end points. (Revised 3118109)
F7Building
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Section 1305 -Rules, Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 5 of 26
City of Arden Hills Chapter 13 Zoning Code
architects, accountants, attorneys and bookkeepers and similar offices, but excluding
medical clinics.
Subd. 124 Off-street parking areas. Structures or areas of ground used for the storage
or parking of motor vehicles.
Subd. 125 Open sales lot. Any land used or occupied for the purpose of buying and
selling any goods, materials, or merchandise, and for the storing of same under the
open sky prior to sale.
Subd. 126 Open space. (See landscape lot area.)
Subd. 127 Ordinary High Water Leve1M-ar-k. The boundary of public waters and
f wetlands, and shall be an elevation A fnar-k delineating the highest water level which
has been maintained for a sufficient period of time to leave evidence upon the
landscape and as determined by the Minnesota Department of Natural Resources. The
ordinary high water mark is commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial.
Subd. 128 Parking space. A land area of such shape and dimensions and so prepared
as to be usable for the parking of a motor vehicle, and so located as to be readily
accessible to a public street or alley. Truck loading and unloading space shall not be
included in such area.
Subd. 129 Pathway, pedestrian way. A public or private way, running across or
located within a platted lot or block or an unplatted parcel of land, used primarily for
pedestrian traffic.
Subd. 130 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker"
means a person engaged in whole or in part in the business of lending money on the
condition that it may be redeemed or repurchased by the seller for a fixed price within
a fixed period of time.
(b) The following are exempt from the definition of "pawnbroker." Any bank
regulated by the State of Minnesota, the comptroller of the currency of the United
States, the Federal Deposit Insurance Corporation, the board of governors of the
Federal Reserve System, or any other federal or state authority and their affiliates;
any bank or savings associations; whose Deposit Insurance Corporation of any
successor to it and all affiliates or those banks and savings associations, any state or
federally chartered credit union; and any industrial loan and thrift company or
regulated lender subject to licensing and regulation by the Department of Commerce.
Subd. 131 Person. Any individuals, firm, partnership, corporation, company,
association, joint stock association or body politic; includes any trustee, receiver,
assignee or other similar representative thereof
Section 1305 -Rules, Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 15 of 26
City of Arden Hilts Chapter 13 Zoning Code
Subd. 161 Shore impact zone. The land located between the ordinary high water level
of a public water and a Tine parallel to it at a setback of 50 percent of the structure
setback.
Subd—. 14ISubd. 162 Shoreland. The land located within the following distances
from protected waters:
A. One thousand (1,000) feet from the ordinary high water mark of a lake,
pond, or flowage; and
B. Three hundred (300) feet from a river or stream, or the landward
extent of a flood plain on such rivers or streams, whichever is greater.
C. The practical limits of shorelands may be less than the statutory limits
where the limits are designated by natural drainage divides at lesser
distances, as shown on the official zoning map of the City.
8*hd-.462Subd. 163 Sidewalk. A hard surfaced public or private way, used
primarily for pedestrian traffic.
Stbd-.4-63Subd. 164 Sign. A name, identification, description, display, logo,
illustration or device which• is affixed to, painted or represented directly or indirectly
upon a building or other surface or piece of land, and which directs attention to an
object, product,place, activity, person, institution, organization or business.
S*bd-.4-64Subd. 165 Significant Tree. A tree that is important to the site and the
neighborhood character, that is structurally sound and healthy, and that meets at least
one of the following standards: Added April 28, 2008
1. A deciduous hardwood tree that is at least ten (10) caliper inches,
including but not limited to, ironwood, catalpa, oak, hard maple, walnut,
hickory, birch, black cherry, hackberry, locust and basswood.
2. A deciduous softwood tree that is at least twelve (12) caliper inches,
including but not limited to, cottonwood, poplars/aspen,box elder, willow,
silver maple and elm.
3. A coniferous evergreen tree having foliage on the outermost portion of the
branches year-round and which is at least fifteen (15) feet or more in
height.
4. A group of deciduous trees that are at least eight (8) caliper inches or
coniferous trees that are at least fifteen (15) feet in height, that provide a
Section 1305-Rules, Scope,Interpretation&Definitions
Adopted.November 13,2006
Page 21 of 26
City of Arden Hills Chapter 13 Zoning Code
to a free-standing radio (including ham radio and private radio transmitting) or
television receiving antenna, a windmill, and a wind-power generator.
Subd�SSubd. 179 Townhouse. A single-family dwelling, which maintains
private ingress and egress, contains no independent dwellings above or below it, and
is attached to other similar dwellings by a common wall.
C-�'m.bd-A—9Subd. 180 Use. The purpose for which land or premises or a building
thereon is designated, arranged or intended, or for which it is or may be occupied or
maintained.
Subd-AWSubd. 181 Use, accessory. A use which is incidental to the principal
use of the lot on which it is maintained or conducted.
Subd.1-8-1-Subd. 182 Use, principal. The primary or predominant use for which
the lot and structure, if any located thereon, is conducted or maintained.
S*bd-.4S2Subd. 183 Use, principal multiple-operation. A business or industrial
operation which consists of two or more distinguishable uses, all of which are
dependent upon each other, but none of which is predominately or clearly the
principal use and all of which are generally compatible with the permitted allowable
uses in the district.
S*bd.483Subd. 1.84 Use conditional accessory. A use which is ry both an
accessory use and a conditional use and which, after due consideration by the
Commission and Council, pursuant to the applicable procedures contained herein,
may be allowed as an accessory use by Conditional Use Permit granted by the
Council.
S*bd: S4Subd. 185 Use, conditional principal. A principle use which, because
of unique characteristics, cannot be classified as a permitted principle use in any
particular district, and which, after due consideration by the commission and council,
pursuant to the applicable procedures contained herein, may nevertheless be allowed
on a site in a particular zoning district by Conditional Use Permit be granted by the
council. Includes temporary uses which require conditional approval before being
allowed.
8ubd.MSubd. 186 Utility distribution lines. The distribution facilities of
electric power, gas, water and communication companies which directly serve
abutting properties.
Subd:1-84Utility substation. A structure used for the relay or distribution of electric,
water, sewer, telephone, etc., services.
Subd. 187
,
boats, , jet skies, fishinounting boats,
penteen boats, and any nefi-
Section 1305 -Rules, Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 24 of 26
City of Arden Hills Chapter 13 Zoning Code
Fig`i-ch gfcirtef than--a--cwO-P er-Svir-cap-&Eity— Tnrrazef-lirrt-i6rr2xEllid2'S
nen moter-ized one and two per-son er-afts sueh as eanoes, kayaks, and paddle beats.
Revi`s-ed Febr*ary, 7, 2008-.
Subd. 188 Utility transmission lines. The transmission facilities of electric power
and communication companies which do not directly serve abutting properties.
Subd. 189 Utility trailer. Equipment used for recreational or utilitarian purposes that
can be towed; such as special purpose trailers (i.e. boat trailers ATV trailers) or other
hauling trailers. Revised February 7 2008.
f S*bd.89Subd. 190 Utility vehicle. A vehicle, with or without a motor, and/or
adapted for temporary living, sleeping, business or storage purposes; having a frame,
but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which
does not reach or meet building code requirements and has been or may be equipped
with wheels or other devices for transporting purposes. This term shall include travel
trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard
and garden tractors and trailers. A permanent foundation shall not change the
character of the vehicle.
Subd-.99Subd. 191 Variance. A modification or variation of the provisions of
this Code, as applied to a specific piece of property, except that modification in the
allowable uses within a district shall not be allowed as a variance.
f c��'p�.bd—=Subd. 192 Vehicle wash. A building, or portion thereof, which
principal use is the washing of vehicles.
j Subd-. 42Subd. 193 Vehicle wrecking yard. Any open space where three (3) or
more used motorized vehicles are stored which do not possess current state auto
licenses.
C"'.Tnbd. 194Warehousing. The storage of materials or equipment as a principal use
within an enclosed building.
Subd. 194
Subd. 192 Tt lit t 1 Equipment used for- al utilitarian
purposes
battling trailers. Rev se,4 F-ebr--nary 7, 2008.
building ement, except- stair-ways, fenees, decks, and retainingwalls,
boathouses, gazebos,
houses, fish houses,pump houses, and detae-hed deeks.
Section 1305 -Rules,Scope,Interpretation&Definitions
Adopted:November 13,2006
Page 25 of 26
Attachment
Section 13 3 0, Shoreland Regulations —
Black-lined version
-AkDE.NHMLS
July 8, 2009
City of Arden Hills Chapter 13 Zoning Code
Section 1330- Shoreland Regulations
• 1330.01 General Provisions.
Subd. 1 Purpose and Intent. The uncontrolled use of shorelands of the City of
Arden Hills 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 interest of the public health, safety and welfare to provide
for the wise development of shorelands of public waters. The Legislature of
Minnesota has delegated responsibility to the municipalities 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, preserve the economic and natural
environmental values of shorelands, and provide for the wise utilization of waters and
related land resources. This responsibility shall hereby be recognized by the City of
Arden Hills.
Subd. 2 Statutory Authorization. This Section shall isbe- adopted pursuant to the
authorization contained in furtherance of the policies declared in Minnesota Statutes
ChaptersSeetiens 1054-0-� and 462 and Minnesota RegulationsRules Parts
6120.2500-6120.3 900.
Subd. N erpr-et-atieinterpretation and apphe-ation, the ^ of
Section shall be held to be minimu nts and shall be libefally eonstfued in.
favor of the Citom. nd ;ts City !'e t ,1 b,.,lt t be ,teemed limit. ie , 1
.,� .�.�J, :�� ..,�y �,.�t}inc��zuri-nvrv�accrric�-aZzrrrrcucrozr-vrTcpcuz
f an),other-powers granted by State Statutes.
Sub4Subd. 3 Abrogation and Greater Restrictions. It shall not be intended by
this Section to repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this Section imposes greater restrictions, the provisions
of this Section shall prevail.
Subd—. 5Subd. 4 Applieabilit urisdiction. This Section shall apply to all lands
located within the boundaries of the shoreland management distriets
1330.02 Shoreland Management Districts and Uses.
Subd. 1 Classification of Lakes. In order to guide the wise development and
utilization of shorelands of protected waters for the preservation of water quality,
natural characteristics, economic values and general health, safety and welfare,
certain protected waters in the City have been given a shoreland management
classification. These protected waters of the City have been classified below
consistent with the criteria found in Minnesota Regulations Part 6120.3300 and the
Protected Waters Inventory Map for Ramsey County Minnesota.
Subd. I by the eemmiss oner-of natural -esour-ees ,sfellows-
Section
i
1330—Shoreland Regulations
Adopted:November 13,2006
Page 1 of 10
City of Arden Hills Chapter 13 Zoning Code
Dlt Doi
A�
General Development Lakes
Josephine 62-57
Johanna 62-78
-- .................... _.... ............................_......._._..........._...._..._...._..._........._._......__.._..._... ...-_.......__....._..- -...---......................_.......
_..----...-- -.......- ..
KarthL44k-Johanna 62-7262-58
-7777,77-7
77
Recreational D+evelopinent Lakes
I
Round Lake-�— - t Lakes;
.�__- 62-70
------------------------------------- ---- —
Little JohannaRound Lake 62-586 $
Natural Environmental Lakes
SunfishSun isl3 62-656 65
Valentine"alentine 62_716 1
Subd. 2 Establishment of Shoreland Management Districts; Zoning Map. The
boundaries of the Sshoreland Mmanagement D_districts are hereby continued as
shown on the map entitled "Official Zoning Map of Arden Hills, Minnesota," which
map shall be properly approved and filed in the office of the City Administrator. The
shoreland management districts overlay existing zoning districts of the City also
shown on the official zoning map pursuant to this Code and the City of Arden Hills
Zoning Code. As indicated in this Section, certain portions of the shorelands in the
shoreland management districts are classified general development, recreational
development, or natural environment lakes. The map and all of the notations,
references and other information shown thereon shall have the same force and effect
as if set forth in this Section at length.
Subd. 3 Boundaries of Shoreland Management Districts. The boundaries of the
shoreland management districts shall be determined by scaling distances on the
official zoning map. Where interpretation is needed as to the exact location of the
boundaries of a shoreland management district shown on the official zoning map, for
example where there appears to be a conflict between a mapped boundary and actual
field conditions, the City Council shall make the necessary interpretation based upon
topographic elevations and other available technical data. Persons contesting the
location of the shoreland management district boundaries shall be given a reasonable
opportunity to present their case to the City Council and to submit technical evidence.
Subd. 4Pefmitted Uses. All pefmitted uses allowed and regulated by the applieable
of€eial Zoning Map ofthe City shall-be-pefmitted—in a-shefelana
district.
Section 1330-Shoreland Regulations
Adopted:November I3,2006
Page 2 of 10
City of Arden Hills Chapter 13 Zoning Code
nrlui Use�r eendit3onal us and applicable-actaebed eenditi 3
0 allo.,wand regulated by the-applicable zoning distr-ict-i under-lying *ilk t cshor-el nd
management .1' t + di + .1 the aff cial Zoning T T f the City shall b
•�auaaµbvl�iv�ia v1VLL lv LV l4V f11LL1VLLLVU Vll Lllli VSSIVZ
v v 11IiC[T-p eii7rrC[GR'"useTL17lJTlJT1T
Subd. 7Pr-ohibited Uses. Any pefmitted or- eonditional uses that are not pennitted by
!he applicable zoning distr-iet under-lying the shereland management distnets as
indieated on the offieial Zoning Map of the City shall be prohibited in the sher-eland
management
distr-iet
C ubd.-B-
boathouses, shall be—considered- legal non confenning stFuetur-es that may b
j eenti+ ued, maintained, of replaced ,,laced sl, eet to the i S 2Cl1 t' 1 Y ✓✓V
1330.03 Di-striet General Provisions.
Subd. 1 District Requirements. The following standards shall apply to all
shorelands of the protected waters listed in this Section. Where the requirements of
the underlying zoning district as shown on the official zoning map are more
restrictive than those set forth in this Section, then the more restrictive standards shall
0 apply:
NaturalRecreational
Environmental Generat DevelopmenV'S'aters
Waters Development Waters
Lot Area(square feet): 40,000 20,000 14,000
Riparian Lot
Lot Area(square feet): Non- 14 000 14 000 14,000(for District R-1)
Riparian Lot - 11,000(for Districts R-2 R-3 R-4)
Minimum Water Frontage
and Width at Building Line 125 75 75
(feet)
Structure Minimum Setback
from Ordinary High Water 150 75 SO
Lev elk(feet)
Structure Minimum Setbacks i 40 for Districts R-1,R-2,R-3,R-4
from Streets and Highways 50 for Districts 13-1,B-2,I-2
(feet) 55 for District I-1
Structure Maximum Height 35 for District R-1,R-2,R-3,R-4,B-1,B-2,1-1
(feet) 45 for District 1-2
--- -- --_-------------- ---- - ._.._.._.._.._._...-----..._.........__.._...------------------ — ------- -------
Maximum Lot Area Covered 35 for District R-1,R-2,R-3,R4
by Impervious Surface(%) j 65 for District I-I
75 for District B-1,B-2,I-2
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 3 of 10
City of Arden Hills Chapter 23 Zoning Code
Subd. 2 Neneenfefming T olsNonconforming Lots, Uses, and Buildings. Except as
otherwise provided by law, any legal nonconformity existing at the time of the
adoption of this chapter may be continued, including through repair, replacement,
restoration maintenance, or improvement, but not including expansion as provided
for in Statute 462.357 Subd I e.T ets of reeer- in the offiAe(s) of the County v eeer-de,-
,„Ve- vegistfar of Titles prior- to the date of e aetme„t of this Code w-hieh do not
meet the requirements may be allowed as building sites provided-.
A The„ is fmitted in the zoning
dirt,-iet• .,n
B. The lot ;s ;n separate owner-ship abutting!a-nds; and
G. All other s nit.,,-„ and dimensional requirements of this Section
eomplied with insefaf as praetioal and in aeeer-danee with Se
131
D. AT.,,,.,onf,,,-„-,;,.g stmettir-es and tises shall comply with Seetio 1 350 of
this Zoning Code
Sub Subd. 3 Roads and Parking Areas. Roads and parking areas shall be located
to retard the runoff of surface waters and nutrients in accordance with the following
criteria:
A. Where feasible and rra^tieal, Aall roads and parking areas shall meet
the setback requirements established for structures of this Section.
>z 1 tan t ' f: c.
i,—nr-ii0-iirscuric��al-l-theS�. �3@i�o�irOl�Szvu�s0��icr-iiii=ig�u=ruccs-vc
placed less than fifty(50) foot ffeffl the o-11;,,afy high water-,Y,.,,-y
C. B. Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
S*b"Subd. 4 Elevation of Lowest Floor.
A. Structures shall be placed at an elevation consistent with the City's
flood plain management controls as set forth in Section 1335 of this Code.
B. In areas not regulated by flood plain management controls, the
elevation to which the lowest floor, including basements, shall be placed
shall be determined as follows:
1. For lakes, ponds, and flowages, by (a) an elevation of available
flood information and consistent with "Statewide Standards and
Criteria for Management of Flood Plain Areas of Minnesota," or (b)
placing the lowest floor at a level at least three (3) feet above the
highest known water level. In those instances where sufficient data on
•
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 4 of 10
City of Arden Hills Chapter 13 Zoning Code
known high water levels are not available, the ordinary high wate
n}arkOHW level shall be used.
2. For streams by an evaluation of available flood information and
consistent with "Statewide Standards and Criteria for Management of
Flood Plain Areas of Minnesota."
Subd. 5 Exceptions to Structure Setback Requirements. No structure shall be
placed within the structure setback requirements of the shoreland management district
with the following exceptions:
A. Boathouses Piers, Docks. Setback requirements from the efdin
high ref HW madE—Level shall not apply to to-piers-,--an"ocks.
Location of P�--and-docks shall be controlled by applicable State and
local regulations.
B. Stairways, lifts, and landings. Setback requirements from the OHW
level shall not apply to stairways lifts or landings Stairways lifts and
landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving, access up and down bluffs and steep
slopes to shore areas. Stairways lifts and landings shall meet the
following design standards:
1. Stairways and lifts shall not exceed four(4) feet in width
2. Landings for stairways and lifts shall not exceed 16 square feet in
area.
3. Canopies or roofs are not allowed on stairways lifts or landings
C. Fences. Fences may be placed within the structure setback
requirements from the OHW level but shall not be placed within the Shore
Impact Zone.
D. Lakeshore lots shall be permitted one (1), accesso storage shed
within the required structure setback from the OIHW level,pravided thatit
L Is not located within the Shore Impact Zone
2. Does not exceed 120 square feet in size and ten(10) feet in'hei�ht
3. Is placed so as to minlrnize visibilityas'viewed fro rt public Waters
and adjacent shorelands
E: Adjacent Lots.
1. Option 1: On undeveloped shoreland lots that have two 2
p � )
adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure ma-y-shall be set back the average
• f setback of the adjacent structures from the erd high water
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 5 of 10
City of Arden Hills Chapter 13 Zoning Code
f mafkOHW level or fifty (50) feet, whichever is greater, provided all
other provisions of the shoreland management districts are complied
with.
2. Option 2: Where development exists on both sides of a proposed
buildin,g site, structural setbacks may be altered, subject to Zonin.-
Administrator determination to take setbacks of existing structures
into account provided the proposed building site is not within a shore
or bluff impact zone.
Subd. 6 Maintenance of shoreland. The shoreland shall present a neat and not
unsi�ly appearance from the water and shall be protected from adverse conditions
affecting;the public.
A. At least four feet but no more than No ,.ner-e than ten (10) percent of
the shoreline shallmay be u. 4a -rttilized for docks. E)r four- f et whiehevef
B. Watercraft and other water equipment shall be stored in accordance
with Section 1325.12 Recreational Vehicle Utility Trailer Riding Lawn
Mower, and Watercraft Outdoor Storage and be kept in a neat and orderly
manner.
Q. Boatlifts; docks,' watercraft, acciqssory .structures and any other
eg" eat that.!s in'a state of disrepair, ino&iable or otherwise unusable
shall riot:be.stored outdoors
D. Grading or otherwise removing natural cover from the shore impact
zone or cutting or filling which changes the natural shoreline shall be
prohibited without proper permits.
E. The accumulation of debris;; the creation or maintenance thereon of
safety hazards;; ;maintenance or health hazards thereon;- and similar
eenditioffsactivities shall be prohibited.
Subd. 60n site Sewage Treatment Systems. Ali pefmitted uses an'l speeial uses-
wits the sher-eland m , listriets-shall be served-with-publie- sewer. No
ite sewage treatment systems shall be peftuitted.
Subd. Shoreland Alterations.
Subd. 7
A. Removal of Natural Vegetation. The removal of natural vegetation
shall be restricted to prevent erosion into protected waters, to consume
nutrients in the soil, and to preserve shoreland aesthetics. Removal of
natural vegetation in the shoreland management districts shall be subject
to the following provisions:
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 6 of 10
City of Arden Hills Chapter 13 Zoning Code
1 Ln bluff and shore tmact znnes aid on seepslppes: limited
clearrn oftrees and shrubs and cutting_prurnng,.and gfininari �f tr l✓s
is allowed provid&d that at least se nth five �5}l�eic nt ofth�Shore
Impact done lip landscaped cis left rriJts naful al state:
2. The minimal amount of vegetation shall be altered and sufficient
vegetative cover shall remain to screen cars, dwellings and other
structures when viewed from public waters.
-Except for the removal of invasive species, cSeleetive removal e
natural vegetation shall be allowed provided that sufficient vegetative
11U LLAl Ul YwV�VLULl Vlf J11UI1 ) e
t, dwellings and .,the,- sttueitt,•es i.ho,
VVYVl IV111U111J LV JV1VV11 VUl J) uYYtiZTlll�
viewed f;-em the water,
2=3. Clear-cutting of natural vegetation shall be prohibited.
{ 2. atur-arNative vegetation shall be restored insofar as feasible after
any construction project is completed to retard surface runoff and soil
erosion.
4.
5. All disturbed areas are restored to prevent soil erosion.
6. The above provisions are not applicable to the removal of trees
limbs, or branches that are dead, diseased, or pose safety hazards.
{ B—. Grading and Filling. Grading and filling in she-eland Management
districts � alteration of „at l t „hy the e the slope f tl,
ui�,aav,v Vi Ui1�l LLiLVl UL1V11 Vl L11V 11ULU1 Ul GVIJCTg
land is towafd a protected water or- wa4er-eeur-se leading to a pr-Oteeted
water- shall on!), be authorized if t tint vfgrading,
exeavation, or-filling is less than four hundr-ed (400) eubie yards per-single
peel of four- rrdf!ed (400) etibie Yards per- Riof land,Cebu=er- is
greater-an--administrative-permit shall be-required. if the-amount of
grading, exeavation, or- filling exceeds fi3thr hundr-ed (400) etibie yards pef
aer-e of land, whiehevef i-s-greatef' a Conditional Use P t shall 1.
1•e.uire,l Such pet-mits shall be applied d fef a d aeeer-danee
i v,�ull V,+. Such rVl illl LJ JllUll VV urY11V
with this ('ode and with Seet' 1325.09 of the City f Arden Hill Zoning
Code. Any such pe lult may be glultw d subject . the a't' th tAll
land disturbance activity in the Shoreland Management District shall be
subiect to the provisions of Chapter 15 of the City Code Erosion and
Sediment Control.
B.
1. The smallest aniount of bar-e ground shall be exposed for as sheA a
tifne as feasible
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 7 of 10
City of Arden Hills Chapter 13 Zoning Code
2. Tempefmy greed eevef, sueh--as-muleh, shall be used and
peFmanent ground eever-, sueh as sod, shall be established.
3. Methods to py-event erosion and tr-ap sediments shall be employed.
4. F. ' be stabilized te-aeeepted engineering standards appfeved
by the Git.,o
f C. Proteeted W ter4Wefland Shoreline Alterations. Any work which shall
change or diminish the course, current or cross section of a protected
` water or wetland, or shall alter the shoreline below the OHW level shall
be approved--subject to approval by the Commissioner of Natural
Resources, and the approval shall be construed to mean the issuance by
the Commissioner of Natural Resources of a permit under the procedures
of Minnesota Statutes, Seetion 105.42 andother-related statutes..
D Perrrreable Surfaces. The Zoning Administrator may allow credif'ffi-
pervious non=.drivable hard surfaces to the extent of the proven infiltranon
rate for the pervious area. For example zf pervlo. s pavers'are installed"in
an area:totaling 10 square feet" .nd the payer,s are�roven to infiltrate l4
percent, the area., up to l4 square feet may be_subtracted from tie
Wan& ous surface coverage.
SO&8 Detached A.ccessory Garages:.: The.Zonin�.Adrnl�ustrator roay permit one
l detached�at cesscr aura es n t e:front arci�of lake here lots, rvvrd6d'tha
ara„e s e setback a minimum of"forth'(40 feet,frorn"the front'property tine when
topoi~raphically "p4silile but shall"not be locateet' closer than 2fl feet to the front
ro ert line without a"variance and shall but eaq�e not be
tweiti•'' ',--,''0 "— -=den# �rO��tj 1 e;and—meet the followm, estun
Standards:
A. The gara-e"shall match the style and color,ofthe principal structure.
B. The,garao',shall I have at leash one window facing the street
C. The,garage shall-be located nearer the principal dwelling than the front
propertline when topographically"possible.
Subdivisions. No land shall be subdivided which shall be held unsuitable by the City
for the proposed use because of flooding, inadequate drainage, soil and rock
formations with severe Iimitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewer access, or any other
feature likely to be harmful to the health, safety, or welfare of future residents of the
proposed subdivision or of the community.
Subd. 9 Planned Unit Developments. Planned unit developments may be permitted
in accordance with this Code and the City of Arden Hills Zoning Code, provided that
Section 1330—Shoreland Regulations
Adopted:November 13,2006
Page 8 of 10
City of Arden Hills Chapter 13 Zoning Code
preliminary plans are approved by the Commissioner of Natural Resources prior to
their approval by the City, and further provided that:
• A. Open space is preserved through the use of restrictive deed covenants,
public dedications, or other methods.
B. The following factors shall be carefully evaluated to ensure the
increased density of development shall be consistent with the resource
limitations of the protected water:
1. Suitability of the site for the proposed use;
2. Physical and aesthetic impact of increased density;
3. Level of current development;
4. Amount and ownership of undeveloped shoreland;
5. Levels and types of water surface use and public accesses;
6. Possible effects on overall public use.
1330.04 Wetlands.
1330.05 Notification of the Commissioner of Natural Resources.
1330.04 Subd. 1 /env 1 ' al it f ilia.
J 7 wa�.utcivi , ', of
Federal and State regulations ineluding, but of limited
to the following-
!
L. Building/� codes;
3. Safety
GC waters"
as defined
by State law;
5. Applieable regulations of the Minnesota Envir-enmental Quality Boa
D. The final plan for- a planned unit development shall inet be modified, amended-,
repealed, or ethem,ise altered unless approved in writing by the developer-, the
�lity „d the iai uiiivip , " h .
Section 1330 Shoreland Regulations
Adopted:November 13,2006
Page 9 of 10
City of Arden Hills Chapter 13 Zoning Code
E. There shall be eentfalized shoreline reereation f4eilities such as beaehes, doeks
.,d beat launching faeil;ties
Subd. 11 Varian of this Seeti r may be granted ;
rd.nee with the pr-e isions of•this eede and Seeti r 1355.04 Subd n of the City of
UVVVlIl{.L11VV YY lGll L11V i/1V YIJIVIIJ Vl G111J VVG1V UllGl LJVViIV1
AFden Hills Zoning Code,
Subd. Wonstr-ueti6n Pfojeetsj De v eiepmentS—All applie-aiie 4o,- build' , ••criTrres
E.nLdIt;on al d .lamed unit development .eFmit. f.. _t
.
leeated within lzhnore.]I—A,�--, management distr-iets shall be subjeet to, and administered
by .,ddifien to the of'this Section all ., ,-.kcal to f this Code
V J', 111 uuulGl V11 LV G11V i.JrV Y1J1V11J Vl GIIIJ VVVGIVII, all-CT„
and the City of Arden Hills Zoning Code.
Subdd.2Subdivisions. All applieations fer- felimm'lnar—y and final plats and fni
subdivisions loeated within shor-eland management distr-iets shall be subjeet to, in
addition to the provisions of t is Seetien all . pli..able of this Code d
».-.--...�-- .... .....� l..l.....,-..11., .,I �...., r.�..vLlvll, ..11 L.Yt.IIVGLvI Nrvi'i.�ivil.�i vl Gurstiva�zalcc
shall be administered as deseribed in this Code.
Subd. 3r oci f?•eutroirort[he Commissioner-vrN ut„rzrl Reso
urces.
B—Variances. A copy of any request for a variance to the provisions of this Section
or plats which propose any lots which require variances to the lot area and
dimensional requirements of this Section or the notice of a public hearing to consider
a special use permit or planned unit development permit shall be sent to the
Commissioner of Natural Resources such that notice shall be received by the
commissioner at least ten (10) days prior to the hearing or action on the request.
Subd. 2
Amendments. A copy of all amendments to this Section and final decisions
granting variances or conditional uses within the shoreland management districts shall
be sent to the Commissioner of Natural Resources within ten (10) days of the
amendment or final action.
Subd 3.
Plats. Copies of all plats within the shoreland management districts shall be submitted
to the Commissioner of Natural Resources within ten (10) days of final approval by
the City.
0
Section 1330—Shoreland Regulations
Adopted:November 13, 2006
Page 10 of 10
Attachment
Section 1325.07, Performance Standards —
Black-lined version
-AV!4 HILLS
July 8, 2009
City of Arden Hills Chapter 13 Zoning Code
1325.07 Performance Standards.
Subd. 1 Maintenance.
A. Health and Safety. In all districts, all buildings and structures,
including fences and required landscaping, shall be maintained so as not to
be unsightly or present harmful health or safety conditions.
B. Snow Removal. In all districts, it shall be the responsibility of the
residential and/or business land owner to insure proper snow removal from
the sidewalks within twenty-four (24) hours after the last accumulation of
two (2)inches or more.
Subd. 2 Refuse.
A. Containment. In all districts, any waste materials, debris, refuse or
garbage shall be stored and kept in accordance with the requirements of
Section 620.04, Subd. 4 of the City Municipal Code, as the same may be
amended from time to time.
B. Noxious Weeds and Objectionable Plant Growth. Land shall be kept
free of noxious weeds and unsightly or objectionable plant growth of eight
(8) inches or more in height.
C. Home Interiors. Home interiors shall be kept in a clean and sanitary
condition free of any accumulation of rubbish and garbage in compliance
with State Health Regulations.
D. Compliance Deadline. Existing uses shall comply with these
provisions within thirty (30) days following the effective date of this
Code.
Subd. 3 Exterior Storage.
A. Residential Districts.
1. Materials and Equipment. All materials and equipment shall be
stored within a building or be fully screened so as not to be visible
from adjoining lots, except for the following: Laundry drying and
recreational equipment, construction and landscaping materials
currently (within a period of twelve (12) months) being used on the
premises; agricultural materials and equipment if these are used or
intended for use on the premises; off-street parking of passenger cars
and pickup trucks.
Section 1325—General Regulations
Adopted:November 13, 2006
Page,3'b "3
City of Arden Hills Chapter 13 Zoning Code
2. Boats, Trailers and Utility Vehicles. Exterior storage of boats,
trailers and utility vehicles is not permitted in any residential district, •
except as regulated in Section 1325.12.
B. Business and Industrial Districts.
1. Screening. All exterior storage in the business and industrial
districts shall be screened from public view, except materials and
equipment currently being used for on-site construction.
2. Parking. Vehicles, including but not Iimited to cars, trucks, buses
and RV's parked and/or stored in public view for more than a period
of seven (7) days shall be prohibited unless allowed by the permitted
business or industrial use, except as regulated in Section 1325.12.
Subd.4 Electrical and Radiation Emissions. No activities shall be permitted that
emit dangerous radioactivity beyond an enclosed area. There shall be no electrical
disturbance adversely affecting the operation at any point of any equipment other than
that of the creator of such disturbances.
Subd. 5 Environmental Pollution. Emission or creation of noise, odors, vibrations,
glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards
as are from time to time established by the Minnesota Pollution Control Agency.
None of these shall be at a level that is objectionable to surrounding properties.
,.ha 6T akef efit Lots. All-lots-having frontage on a-body of water must be
following-
A.hakesher-e Landseaping. At least seventy five-(75) pe-Eent-efthe
requifed lakesher-e setbaek stall be 1.,,.,7s,..,pedor-left: its n __l
B.Maintenaiiee of Water-fient Area. The wateffreii! area shall present -a
neat and iiet unsightly appear-anee from the water- and shall be proteeted
4efa advefse eanditions-affec-ting-the publie. Fe- he ose-of this
provision, "adverse eanditions" shall be interpreted as utilization of f
buildingsnef
, a a or- otherwise Feg ei ivriz
the iakeffo oea, f aeeumu I-latien--on the ke€i;enn.-area of Qeoris;the
er-eation or maintenanee thefeon of safety hazards, eut or-fill whieh change
the na4ttfal shoreline, maintenanee or- health hazards ther-een, and simil-af
eonditiens.
C.Leeation of Aecesser-y Buildings or- Strdetures. Accessory buildings Of
struct„r-es shall be legated behind the required t tttr-e tl 1 ffem the
ordinary high water-(014W) fnar-k.-
Section 1325—General Regulations
Adopted:November 13,2006
Page22 -3
.,1 t'
City of Arden Hills Chapter 13 Zoning Code
Subd. 6 Animals.
• A. Location for Buildings HousingFarm Animals. An building
Y g
in which farm animals are kept shall be located a distance of two
hundred (200) feet or more from any lot line. Any open structure
in which farm animals are kept shall be a distance of four hundred
(400) feet or more from any lot line.
B. Number of Animals Allowed. Up to four(4) domestic animals,
excluding birds and fish, are permitted in any dwelling unit, but
without a residential dog kennel license not more than two (2)may
be dogs. Up to three (3) dogs are allowed with a residential dog
kennel license. Dog enclosures may be located only in a rear yard
in all zoning districts.
C. Animals for Research. Animals for research may be kept in
appropriate places by conditional use permit.
D. Wild Animals. Wild animals are not permitted in any district.
Su-b BSubd. 7 Site Grading.
A. Erosion Prevention. Earth surfaces shall be planted or
• stabilized to prevent erosion.
B. Drainage onto Neighboring Property. Finished slopes and
grades shall not cause adverse drainage effects on adjoining
properties.
•
Section 1325—GeneraI Regulations
Adopted:November 13, 2006
Page n3-r; 3