HomeMy WebLinkAbout334• CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 334
AN ORDINANCE SUMMARY
ADOPTING SHORELAND MANAGEMENT STANDARDS
WITHIN THE CITY OF ARDEN HILLS
On the t4 1h day of January, 2002, the Arden Hills City Council adopted Ordinance
4334, and by affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4,
directed that a summary of the Ordinance be published.
The adoption of Arden Hills Ordinance #334 will become effective the day
following publication of the Ordinance Summary.
A copy of the Ordinance is available for inspection by any person during regular
business hours at the office of the City Administrator, 1425 Highway 96, Arden Hills,
Minnesota 55112.
Effective Date. This ordinance will take effect and be in force after its passage and
official publication.
Adoption Date. Passed by the Arden Hills City Council this 14"h day of January, 2002.
ATTEST:
JOSEPH P. LYNCH, CITY ADMINISTRATOR DENNIS PROBST, MAYOR
(facsimile) (facsimile)
AFFIDAVIT REQUIRED
Publication Date: Published on the of 2001.
• CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
•
ORDINANCE NO. 334
AN ORDINANCE SUMMARY
ADOPTING SHORELAND MANAGEMENT STANDARDS
WITHIN THE CITY OF ARDEN HILLS
On the 14`h day of January, 2002, the Arden Hills City Council adopted Ordinance
9334, and by affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4,
directed that a summary of the Ordinance be published.
The adoption of Arden Hills Ordinance 9334 will become effective the day
following publication of the Ordinance Summary.
A copy of the Ordinance is available for inspection by any person during regular
business hours at the office of the City Administrator, 1425 Highway 96, Arden Hills,
Minnesota 55112.
ATTEST:
ADMINISTRATOR
Publication Date: Published on the of .2002.
CITY OF ARDEN HILLS
• COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 334
SHORELAND MANAGEMENT
AN ORDINANCE ADOPTING SHORELAND MANAGEMENT STANDARDS
WITHIN THE CITY OF ARDEN HILLS
Section 334.01 — General
Subd. 1. Title. This Chapter shall be known, cited and referred to as the "Arden Hills Shoreland Management
Ordinance" or the "Shoreland Management Ordinance" except as referred to herein where it shall be known
as "this Chapter."
Subd. 2. Purpose and Intents. The uncontrolled use of shorelands of the City affects the public health,
safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local
tax base. Therefore, it is in the best 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.
Subd. 3. Statutory Authorization. This Chapter shall be adopted pursuant to the authorization contained in
• furtherance of the policies declared in Minnesota Statutes Chapters 103F and 462 and Minnesota Rules Parts
6120.2500-6120-3900.
Subd. 4. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to
be minimum requirements and shall be liberally construed in favor of the City, and its City Council, and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
Subd. 5. Abrogation and Greater Restrictions. It shall not be intended by this Chapter to repeal, abrogate
or impair any existing easements, convenants or deed restrictions. However, where this Chapter imposes
greater restrictions, the provisions of this Chapter shall prevail.
Subd. 6. Applicability. This Chapter shall apply to all lands located within the boundaries of the shoreland
management districts.
Section 334.02 — Rules and Definitions
Subd. 1. Rules of Construction. For the purpose of this Chapter, certain terms or words used in this
Chapter shall be interpreted as follows:
A. The singular number includes the plural and the plural includes the singular.
B. The present tense includes the past and future tenses and the future includes the
present.
C. The word "shall" is mandatory while the word "may" is permissive.
D. The masculine gender includes the feminine and neuter.
• E. All distances, unless otherwise specified, shall be measured horizontally.
Ordinance #334
Page 1
Subd. 2. Definitions. Unless specifically defined below, words and phrases used in this Chapter shall be
. interpreted so as to give them the same meanings as they have in common usage and so as to give this
Chapter its most reasonable application.
A. Boathouse. "Boathouse' shall mean a structure used solely for the storage of boats or boating
equipment.
B. Building Line. 'Building Line' shall mean that line measured across the width of the lot at the
point where the principal structure is placed in accordance with setback provisions from the
ordinance high water mark.
C. Clear -cutting. "Clear -cutting" shall mean the removal of an entire stand of trees.
D. Special Use. "Special Use" shall mean a use which, because of unique characteristics, cannot be
classified as a permitted use in a shoreland management district, and which, after due
consideration by the Planning Commission and Council, pursuant to the applicable procedures
contained in this Code, or the City of Arden Hills Zoning ordinance which is incorporated into and
made a part of this Chapter as if set out in full, may nevertheless be allowed on a site by special
use permit granted by the Council.
E. Lot of Record. "Lot of Record" shall mean a parcel of land described by metes and bounds
measurements, reference to a registered land survey or plat, or other means, and which is
separated from other parcels or portions by the description, as of the enactment of this Code, or
which is approved by the City as a lot subsequent to the adoption of this Code, and which is
occupied by or, under this Chapter and other applicable ordinances, is suitable for occupancy by
one principal building, or used together with any accessory buildings or uses and any open
spaces as are required by this Chapter.
• F. Nonconforming Use. "Nonconforming Use' shall mean a building, structure or use of a building,
structure or parcel of land, or a portion thereof, lawfully existing as of the enactment of this Code
or amendment hereto, as a matter of right or by permit, which would not be permitted as a new
use or structure in the zoning district in which it is located.
G. Ordinary High Water Mark. "Ordinary High Water Mark" shall mean a mark delineating the
highest water level which has been maintained for a sufficient period of time to leave evidence
upon the landscape. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial.
H. Planned Unit Development. "Planned Unit Development' shall mean the development of a tract
of land in a unified manner, pursuant to a development plan specifically approved by the City.
I. Planning Commission. 'Planning Commission" shall mean the Planning Commission as created
by the City Council as set forth in this Code.
J. Protected Waters. 'Protected Waters" shall mean any waters of the State as defined by State
law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream
having a total drainage area less than two (2) square miles shall be regulated for the purposes of
these regulations.
K. Setback. "Setback" shall mean the minimum horizontal distance between a structure and the
ordinary high water mark or between a structure and a road, well, highway, or property lines.
L. Shoreland. "Shoreland" shall mean land located within the following distances from protected
waters:
• 1. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage;
and
Ordinance #334
Page 2
2. 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.
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.
M. Structure. "Structure" shall mean any building (including mobile homes) or appurtenance thereto,
except aerial or underground utility lines such as sewer, electric, telephone, telegraph or gas
lines, including towers, poles, and other supporting appurtenances.
N. Subdivision. "Subdivision' shall mean improved or unimproved land or lands which are divided
for the purpose of ready sale or lease, or divided successively within a five-year period for the
purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each,
contiguous in area and which are under common ownership or control.
O. Substandard Use. "Substandard Use" shall mean any use of or structure situated upon
shorelands which existed prior to the date of the enactment of this Chapter and which is permitted
within the applicable zoning district but does not meet the minimum lot area or length of water
frontage, structure setbacks, or other dimensional standards of the Chapter.
P. Variance. "Variance" shall mean any modification or variation of official controls where it is
determined that, because of hardships, strict enforcement of the official controls is impractical.
Section 334.03 — 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 by the commissioner of natural
resources as follows:
DNR I.D. No.
A. General Development Lakes:
Josephine
62-57
Johanna
62-78
Little Johanna
62-58
Karth
62-72
B. Recreational Development Lakes:
Round Lake 62-70
C. Natural Environment Lakes:
Sunfish 62-65
Valentine 62-71
Subd. 2. Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the
shoreland management 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
Ordinance #334
Page 3
zoning map pursuant to this Code and the City of Arden Hills Zoning Ordinance. As indicated in this Section,
certain portions of the shorelands in the shoreland management districts are classified "general development
lakes," others "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. 4. Permitted Uses. All permitted uses allowed and regulated by the applicable zoning district
underlying the shoreland management districts as indicated on the official zoning map of the City shall be
permitted in a shoreland management district.
Subd. 5. Special Uses.
A. All special uses and applicable attached conditions allowed and regulated by the
applicable zoning district underlying shoreland management districts as indicated on the
official zoning map of the City shall be specially permitted uses therein.
B. Although boathouses are permitted in certain zoning districts, subject to certain
restrictions, the Commissioner of Natural Resources requires that they be treated as
special uses when they are located in shoreland management districts. Accordingly,
boathouses located in shoreland management districts shall be subject to the special use
• permit procedures contained in this Code and in the City.
Subd. 6. Substandard Uses.
•
A. Continuation. Substandard uses or structures within the shoreland management districts which
were in existence prior to the enactment of this Chapter shall be allowed to continue. However,
any structural alteration, addition, or other modification which increases or extends the
substandard conditions shall not be allowed except as permitted by the variance procedure more
particularly described in this Chapter.
B. Expansion. The expansion, reconstruction, or restoration of a substandard structure shall not be
permitted if the cost of expansion, reconstruction, or restoration exceeds fifty (50) percent of the
fair market value of the existing structure to be modified.
Subd. 7. Nonconforming Uses. No nonconforming use within the shoreland management district shall be
expanded or reconstructed except as permitted by this Code or the City of Arden Hills Zoning Ordinance.
Subd. 8. Prohibited Uses. Any uses which shall not be permitted or special uses as regulated by the
applicable zoning district underlying the shoreland management districts as indicated on the official zoning
map of the City shall be prohibited in a shoreland management district.
Section 334.04 - District 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
apply:
Ordinance #334
Page 4
•
Subd. 2. Substandard Lots. Lots of record in the office(s) of the County Recorder and/or Registrar of Titles
• prior to the date of enactment of this Chapter which do not meet the requirements may be allowed as building
sites provided:
A. The use is permitted in the zoning district;
B. The lot is in separate ownership from abutting lands; and
C. All other sanitary and dimensional requirements of this Chapter are complied with insofar
as practical.
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 practical, all roads and parking areas shall meet the setback
requirements established for structures of this Chapter.
B. In no instance shall these impervious roads or parking surfaces be placed less than fifty
(50) feet from the ordinary high water mark.
C. Natural vegetation or other natural materials shall be used to screen parking areas when
viewed from the water.
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 Chapter 13 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:
Ordinance #334
Page 5
Natural
Recreational
General
Environment
Development
Development
Waters
Waters
Waters
Lot area (sq. ft.):
Riparian lot
40,000
20,000
14,000
Nonriparian lot
14,000
14,000
14,000
(for R-1 District)
11,000
(for R-2, R-3 and
R-4 Districts
Minimum water frontage
and width at building
line ft.
125
75
75
Structure minimum
setback from ordinary
high water mark ft.
150
75
50
Structure minimum
40 for R-1, R-2, R-3, and R-4 Districts
setbacks from streets
50 for B-1, B-2, and 1-2 Districts
and highways ft.
55 for 1-1 District
Structure maximum
35 for R-1, R-2, R-3, R-4, B-1, B-2, and 1-1 Districts
height ft.
45 for 1-2 District
Maximum lot area
35 for R-1, R-2, R-3, and R-4 Districts
covered by impervious
65 for 1-1 District
surface %
75 for B-1, B-2, and 1-2 Districts
Subd. 2. Substandard Lots. Lots of record in the office(s) of the County Recorder and/or Registrar of Titles
• prior to the date of enactment of this Chapter which do not meet the requirements may be allowed as building
sites provided:
A. The use is permitted in the zoning district;
B. The lot is in separate ownership from abutting lands; and
C. All other sanitary and dimensional requirements of this Chapter are complied with insofar
as practical.
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 practical, all roads and parking areas shall meet the setback
requirements established for structures of this Chapter.
B. In no instance shall these impervious roads or parking surfaces be placed less than fifty
(50) feet from the ordinary high water mark.
C. Natural vegetation or other natural materials shall be used to screen parking areas when
viewed from the water.
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 Chapter 13 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:
Ordinance #334
Page 5
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 known high water levels are not
available, the ordinary high water mark 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
A. Boathouses, Piers, Docks. Setback requirements from the ordinary high water mark
shall not apply to boathouses, piers, and docks. Location of piers and docks shall be
controlled by applicable State and local regulations. Boathouses may be allowed as a
special use provided they are not used for habitation and do not contain sanitary facilities.
B. Adjacent Lots. On undeveloped shoreland lots that have two (2) adjacent lots with
existing principal structures on both such adjacent lots, any new residential structure may
be set back the average setback of the adjacent structures from the ordinary high water
mark or fifty (50) feet, whichever is greater, provided all other provisions of the shoreland
management districts are complied with.
Subd. 6. On-site Sewage Treatment Systems. All permitted uses and special uses within the shoreland
management districts shall be served with public sewer. No private on-site sewage treatment systems shall
be permitted.
• Subd. 7. Shoreland Alterations.
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:
Selective removal of natural vegetation shall be allowed, provided that sufficient
vegetative cover remains to screen cars, dwellings and other structures when viewed
from the water.
2. Clear -cutting of natural vegetation shall be prohibited
3. Natural vegetation shall be restored insofar as feasible after any construction project
is completed to retard surface runoff and soil erosion.
B. Grading and Filling. Grading and filling in shoreland management districts or any alteration of
the natural topography where the slope of the land is toward a protected water or watercourse
leading to a protected water shall only be authorized by a permit. If the amount of grading,
excavation, or filling is less than four hundred (400) cubic yards per single parcel or four hundred
(400) cubic yards per acre of land, whichever is greater, an administrative permit shall be
required. If the amount of grading, excavation, or filling exceeds four hundred (400) cubic yards
per acre of land, whichever is greater, a special use permit shall be required. Such permits shall
be applied for and approved in accordance with this Code and the City of Arden Hills Zoning
Ordinance. Any such permit may be granted subject to the conditions that:
. 1. The smallest amount of bare ground shall be exposed for as short a time as feasible.
Ordinance #334
Page 6
2. Temporary ground cover, such as mulch, shall be used and permanent ground cover,
such as sod, shall be established.
• 3. Methods to prevent erosion and trap sediments shall be employed.
4. Fill shall be stabilized to accepted engineering standards, approved by the City
engineer.
C. Protected Water/Wetlands. Any work which shall change or diminish the course, current or
cross section of a protected water or wetland shall be approved 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, Section 105.42 and
other related statutes.
Subd. 8. 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 limitations 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 Ordinance, provided that 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.
C. Any commercial, recreational, community, or religious facility allowed as part of the planned
unit development shall conform to all applicable Federal and State regulations including, but
not limited to, the following:
1. Licensing provisions or procedures;
2. Building codes;
3. Safety regulations;
4. Regulations concerning the appropriation and use of "protected waters" as
defined by State law;
5. Applicable regulations of the Minnesota Environmental Quality Board -
Ordinance #334
oard.Ordinance#334
Page 7
•
Is
D. The final plan for a planned unit development shall not be modified, amended, repealed, or
otherwise altered unless approved in writing by the developer, the municipality, and the
commissioner.
E. There shall be centralized shoreline recreation facilities such as beaches, docks and boat
launching facilities.
Subd. 10. Variances. Variances shall be processed in accordance with the procedures outlined in the Zoning
Ordinance with the impractical standard being applied.
Section 334.05 —Administration
Subd. 1. Construction Projects; Developments. All applications for building permits, special use permits,
variances and planned unit development permits for projects located within shoreland management districts
shall be subject to, and administered by, in addition to the provisions of this Chapter, all applicable provisions
of this Code and the City of Arden Hills Zoning Ordinance.
Subd. 2. Subdivisions. All applications for preliminary and final plats and minor subdivisions located within
shoreland management districts shall be subject to, in addition to the provisions of this Chapter, all applicable
provisions of this Code and shall be administered as described in this Code.
Subd. 3. Notification of the Commissioner of Natural Resources.
A. Variances. A copy of any request for a variance to the provisions of this Chapter or plats which
propose any lots which require variances to the lot area and dimensional requirements of this
Chapter 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.
B. Amendments. A copy of all amendments to this Chapter and final decisions granting variances
or special 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.
C. 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.
Effective Date:
Adoption Date:
ATTEST:
P. LYNCH;
This ordinance shall become effective the day following its publication.
Passed by the City Council of the City of Arden Hills
the 14'h day of January 2002.
/_l.7ratmi6119
Ordinance #1334
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