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HomeMy WebLinkAbout#237 Shorelands ~ STATE OF MINNESOTA (14) "Subdivision" means improved or unimproved land or COUNTY OF RAMSEY lands which are divided for the purpoae of ready sale or lease, or divided successively within e fivayear period fa the purpose CITY OF ARDEN HILLS ot sale or lease, into three or more bts or parcels ot less than mon e ownershp o~ conhol$ in area and which ere under com- ORDINANCE NO. 237 five AN ORDINANCE REGULATING THE SUBDIVISION, USE AND (15) "Substandard Use" means eny use ol or structura . DEVELOPMENT OF SHORELANDS AND THE UTILIZATION situated upon shorelands which existed prior to the date of the OF THE PUBLIC WATERS ON WHICH THEY ABUT, AND IM- enactment of this ordinance and which is permitted within the POSING PENALTIES FOR VIOLATIONS TNEREOF eppliceble zoning district but does not meet the minimum lot Ssctlon 1. Tltls, Purpoas end Shtutory Authorizatlon. area or length of water (rontage, structure selbecks, or other A. Tltle. This ordinance shall be known, cited ae end refer- dimensional stendards ot the ordinance. red to as the "Arden Hills Shoreland Management Ordinance" (16)' Variance" means eny modificalion or varialion of oflicial or the "Shoreland Manapement Ordinance" except as referred controls where it is determined that, beceuse of hardships, strict lo herein where it shall be known as "this ordinance." enforcement of the oHicial controls is impracticel. B. Purpoese and Intsntr. The uncontrolled use of shorelands Ssctlon 3. Shorelend Managsmsnt Dlstrlcb. of the City of Arden Hills aflects the public health, safety end A. Claslllcatlon o1 Lekes. In order to guide the wise develop- general wel(are not only by contributing to pollution ol public ment and utilization ol shorelends of protected waters for the waters, but also by impairing the local tax base. Therefore, it presenation of water quality, netural cheracteristics, economic is in the best interests of the public healih, safety and welfare values and the general health, safety and weltare, certain pro- to provide for the wise development of ahorelands of public tected waters in the City heve been given a ahoreland menage- waters. The Lepislature of Minnesota has delegeted responsibili- ment clessification. ty lo the municipalities of the state to regulate the eubdivision, These protected waters ol the City have been classified by use and development of the ahorelends of public weters end the Commiseioner of Natural Resourcea es follows: thus preserve and enhence the quality of surfece waters, DNR I.D. # preserve the economic and natural environmentel velues of (1) General Development Lekes shorelanda, and provide for the wise utilization of waler and Josephine 82•57 releted land resources. This responsibility is hereby recogniz- Johanna 82-78 ed by the City of Arden Hills. Liple Johanna 62-58 C. Statutory Authorizotlon. This ordinance is adopted pur- Karth 82-72 suant to the euthorization contained in the Laws of Minnesota (2) Recreational Development Lakes 1973, Chapter 379, and in furtherence of the policies declared Round Lake 82-70 in Minnesota Statutes 1978, Chapters 105, 115, 118 end 482. (3) Natural Environment Lakes Seetlon 2. Rulss snd Deflnltlons. Sunfish 62-65 A. Rulas of ConsWCUon. For the purpose of this ordinance, Valentine 62-71 certain terms or worda used herein shall be interpreted as B~~~~ment of Shorelend Manayemsnt Olstrlcts; Zon- follows: Iny Map. The boundaries of the Shorelend Management Districts (i) The singular number includes the plural and the plural in- are hereby eslablished as shown on the map entitled "OHiciel cludes the singular. Zoninp Map of Arden Hills, Minnesote," which Map ie properly (2) The present tense includes ihe past and future tenaes and epProved and filed in the office ol the City Clerk•Adminiatralor. the future includes the present. The Shoreland Menegement Districis rnerlay ezisting zoning (3) The word "shall" is mandatory while the word "may" is dislricls of the City also shown on the Otficial Zoning Mep pur- permissive. suant to Appendix A(Zoning) of the Arden Hills Code. As in- (4) The masculine gender includes the leminine and neuter. dicated in the previous eubparagraph hereof, certain portions (5) All distances, unless otherwise specified, ahall be ol the shorelends in the Shoreland Management Districts are measured horizontally. clesaified "General Development Lakes," others "Natural En- B. Dellnltlons. vironment Lekes" and a Ihird area "Recreational Devebpment (1) "Boathouse" means a strudure used solely for the storage Lekes." Said Map and all of the notations, relerences and other of boats or boating equipment. informalion shown thereon shall have the same force and ef- (2) "Building Line" means that line measured across the width fect as if sat forth herein at lengih. of the lot et the point where the principal structure is placed in C. ApplipblNly. This ordinance shall apply to all IarWs bceled accordance wHh aetback provisions from the ordinary hiph weler within the boundaries of the Shoreland Manapement Districts. mark. D. BoundeNN of Shonland Manaysment DbMeb. The (3) "Clear-cutting" means the removal of an entire stand of buundariea of the Shoreland Managemenl Districts shall be irees. delermined by aceling distances on the OHicial Zoning Map. (4) "Special Use" means a use which, because of unique Where interpretation is needed as to the exact Ixeti_on of the characteristics, cannot be classified as a permitted use in a boundaries of a Shoreland Menagement District shown on the Shoreland Management District, and which, after due considera- O~cial Zonfng Map, for example where there appears fo be a tion by the Planning Commission end Council, pursuant to the o°nnict beM1Veen a mapped boundary and adual field conditions, licable rocedures contained in Seclion VII of the City Council shall make the necessary interpretation based epp p Appendiz A upon topoprephic elevations and other evailable technical data. (Zoning) of the Arden Hills Code, may nevertheless be allowed on a site by special use permit granted by the Council persons contesting the locetion ol the Shoreland Management . (5) "Lot (of record)" means a parcel of Iand described by District boundaries shall be given a reasonable opportunity to metes and bounds meesurements, reference to a repistered land present their cese to the Ciry Council and ta submit technicel survey or plat, or other means, and separaled from other percels evidence. or portions by said description, as o( the eHective date of this E. Permltted Uaes. All permitted uses ellowed and regulated ardinance or approved by the City as a lot subsequent to such bY the applicable zoning district underlying the Shoreland date, and wh~h is occupied by or, under this ordinance and other Menagement Disiricts as indicated on the Official Zoning Map applicable ordinances, is suitable for occupancy by one (1) pnn- of the City shall be permitted in a Shorelend Menagement cipal building, or used together with any accessory buildinga or District. uses and such open spaces as are required by thie ordinance. F. Speclal Uws. (6) "NOnconforming Use" means a building, structure or use (1) All special uses and epplicable attached conditions allow• of a building, structure or parcel of land, or e portion thereol, ed and regulated by the appliceble zoning dislrid underlying lawfully existing as of the effective date ot the adoption ol thia Shoreland Manegement Districts as indicated on the Official2on- ordinance or amendment hereto, as a matter of right or by per- ing Map of the City shall be specielly permitted uses therein. mit, which is not permiqed in the zoning diatrict in which it is (2) Although boathouses ere permitled in certain zoning located. districts, subject to certein restrictions, in Appendiz A(Zoning) (7) "Ordinary High Water Mark" means a mark delineating o( the Arden Hills Code, the Commissbner o1 Natural Resources that they be treated as special uses when ihey are the highest water level which has been maintained tor a sufli- requires located in Shoreland Menegement Districts. Accordingly, cent period of time to leave evidence upon the landscape. The ordinary high water merk is commonly ihat point where the poathouaes located in Shaeland Management Districts shell be nalural vegetation changes from predominanlly aquatic to subject lo ihe special use permit procedurea contained in Ap- predominantly terresirial. pendix A(Zoning) of the Arden Hills Code. (8) "Planned Unit Devebpment" means the development ol G. Substandud Uqs. Substandard uses or structures within the Shoreland a trect af land in a unified manner, pursuanl to a development Management Districis which were in existence prwr to the enact- plan specilically epproved by the City. ment of this ordinance ehall be allowed to continue. However, (9) "Planning Commission" means the Planning Commission any struqural alteration, addition, or other modification which as created by the City Council by Chapter 20 of the Arden Hills increases or exAends the substendard conditions shall not be Code. allowed except es permitted by the variance procedure more (10) "Protected Waters" means any waters of the State as particularly described in Section 4.J. hereol. defined in Minnesola Statules 1980, Section 105.37, Subdivi- (2) 7he ezpansion, reconstrudion, or restoration of a substan- sion 74. However, no lake, porid or Ibwage of less than ten acres dard structure ahall not be permined if the cost of such expan- in size and no river or stream heving a total dreinage erea less eion, reconstruction, or reatoretion exceeds lifly percent (SOMo) than [wo square miles ahall be repuleted for the purp~es o( these reguletions. ol lhe fair market velue ol the existin0 structure to be modified. (11) "Setback" means the minimum horizontal distance bet• H. Non-Conlorminy Uses. No non-confwming use within the ween a slruclure and the ordinary high water mark or between Shoreland Management District shall be expanded ar a struclure and a road, well, highway, or property linea. reconstructed ezcept as permitled by Section X of Appendix A (12) "Shoreland" means land located within the following (Zoning) of the Arden Hills Code. distances from protected waters: (i) 1,000 feet from the ordinary ProhlbNsd Uees. Any uses which are not permitted or high water mark of a lake, pond, or flawage; and (ii) 300 feet special uses as regulated by the applicable zoning tlistrict from a river or stream, or the landward extent of a flood plain underlying the Shoreland Management Districts es indicated on on such rivers or streams, whichever is greater. The practical the OHicial Zoning Map of the City shell be prohibited in a limits of shorelanAS may be leas Ihan the statutory limits where ShorelanG Management District. such limits are designated by natural drainage divides at lesser Section 4. DletNct Provlalons. distances, es shown on the official zoning map of the City. A. Dletrld RsqulremsMS. The following standards shall apply (13) "Structure" means any building (including mobile homes) lo all shorelands of the protected waters listed in Section 3.A. or appuAenances thereto, except aerial or underground utility of ihis ordinance wi[hin the City. Where the requirements ol the lines such as sewer, electric, telephone, lelegreph or ges lines, underlying zoning district as ahown on the Oflicial Zoning Map including towers, poles, end other supporting eppurtenencea. are more restrictive then those set forth herein, lhen the more restrictive standards shall apply: NATURAL RECREATIONAL GENERAL ENVIRONNENT DEVELOPYENT DEVELOPMENT WATERS WATERS WATERS Lot area (sq. R.) Riparien lot 40,000 20,000 14,000 Non-riparian lot 14,000 14,000 14,000 (lor R-1 DieVict) 11,000 (lor R-2, R-3 end R-4 Dietriqe) Minimum water irontage and width et buildinp iine (n.) >zs 75 75 Structure minimum setback from Ordinary Hiph Water Mark (fl.) 150 75 75 Struaure minimum 40 for R-1, R•2, R-3, and R-4 Districts setback (rom streets 50 for &1, &2, and I-2 Dietricts and hiphways (fl.) 55 lor I-1 District Structure meximum 35 lor R-1, R-2, R-3, R-4, &1, B-2 and I-1 Districta heighta (R.) 45 for I-2 Distria Maximum lot area 35 for R-1, R-2, R3 and R-4 Diatricts covered by impervioue 85 for I•1 Distrid auAace 75 for 8-1, &2, and I•2 Districts ~ 1 B. Subatandard LoU. I. Plannsd Unlt Dsvalopmenlr. Planned unit developments (1) Lots of record in the oHice(s) of the Remsey County may be permitled in accordance with Section VIII,G of Appen- Recorder and/or Ragistrer of Titles prior to the date of enact• dix A(Zoning) of the Arden Hills Code provided that preliminary ment of this ordinance which do not meet the requirements o( plans are approved by the Commissioner of Naturel Resources Section 4.A. may be allowed es building aites provided: prior ta their epproval by the City, and further provided that: (a) Such use is permiried in the zoning district. (1) Open space is preserved through lhe use of restrictive deed (b) The lot is in separate ownerahip from abutling lands, and covenants, public dedicalions, or other methods. (c) All other sanitray end dimensional requirementa of this or- (2) The following fectors are carefully eveluated to ensure the dinence ere complied with insofar es precficel. irtcreased denarlyW developmeM is consistent wilh ihe resource C. Rads and Puklny Anu. Roeda end perking areas shall limitations ol the protected weter: be located to retard the runoH of surface waters and nutrients (a) Suitability of the site for the proposed use; in accordance with the }ollowing criteria: (b) Physicel end aesthetic impact of increased density; (1) Where feasible and precticel, ell roads end parking ereas (c) Level ol current development; shall mset the setback requlremente eetebliahed for structures (d) Amount and ownership ol undeveloped shoreland; in Section 4.A. of this Ordinence. (s) Levels erd types of water suAace use and public acceases; (2) In no instance ahall ihese impervioua roada or parking sur• (Q Posaible eHecte on rner-ell public use. ~ faces be placed leas than 50 feet from the ordinery hiph waler (3) My commercial, recreationel, communiry, ar religious facili- mark. ty allowed es pert of the planned unit development shall con- (3) Natural vegetation oPother natural materials shall be us• form to ell epplicable federel and state regulations including, ed to screen parking erea when vfewed from ihe water, but not limited to, the following: D. Elsvetlon of LowM Floor. (a) Licenaing provisions or procedures; (1) Structures shall be placed at en elevation consistent with (b) Building codes; the City's flood plain menegement controls ae set forih in (c) Safery regulptions; Chapter 9.5 of the Arden Hilla Code. (d) Regulations concerning the appropriation and use of Pro- (2) In areas not regulated by flaad plain management contrds, tected Weters as detined in Minnesota Statutes 1974, Chepter the elevation to which the lowest Iloor, includinp basements, shall 105; and be placed shall be determined ae follows: (e) Applicable regulations of the Minnesota Environmental (a) For lakes, ponds, end floweges, by (i) an evaluation of puality 8oard. available flood information and conaistent with Stalewide Sten- (4) The linal plan for e planned unit development shall not be dards end Criteria for Menagemeni of Flood Ptain Arees ot Min- modified, amended, repealed, or otherwise altered unless ap- nesota or (ii) placing the bwesl Ilaor at a level at least three teet proved in writing by the developer, the municipaliry, and the ebove the highest known water ievel. In those instances where Commissioner. sufficient date on known high weter levels are not flveilable, the (5) There ere centralized shoreline recreation facilities such ordinary high water mark ehell be used. as beaches, docks and boat launching facilities. (b) For streams, by an evaluation ot available Ilood informe- J. Vadancss. Variances to the requirements of this ordinance tion and consistent with Statewide Standards and Criteria for mdy be granted in accordance with the provisions of Section Management of Flood Plain Areas of Minnesota. VIII,D (Variences) of Appendiz A(Zoning) of the Arden Hills Code E. Exceptlone to Strueturo SstMCk Requlrsmsnte. and Section 5.C(1) of this ordinance. (1) Setback requiremenla from the ordinary high water mark Sectlon 5. Adminlstretlon. shall not apply to boethouaes, piers, and docks. Location of piers A. ConstrueGon P?ojects; Devslopmenta. All applicetions and docks shall be conlrolled by appliceble state and local (or building permita, epeciel use permits, veriences, and plann- regulations. Boathouses may be ellowed es a special use pro- ed unit development permits (or projects localed within vided they are not used fa hebilation aod do not cantein eanilary Shoreland Manapement DislriMS shall be subject to - in addi- facilities. tion to the provisiona of this ordinance - all eppliceble provi- (2) On undeveloped shoreland lots lhat have two (2) adjacent sions of Appendiz A(Zoning) of the Arden Hills Code and shall lots wdh ezisting prinicipal slruclures on both such adjacent bts, be administered es described in said Appendiz A. any new residential structure mey be set back the average set- B. SubdlvWons. All applications fa preliminary and final plats back of the adjacent struclures from the wdinary high water mark and minor subdivisions located within Shoreland Management or fifry (50) feet, whichever is greater, provided all other provi- Districts shall be subject to - in addition to ihe provisions of sions of the Shoreland Management Districls are complied with. this ordinence - all epplicable provisions of Chapter 22 (Sub- F. On-Slts Sswags Trsatmsnt Systsms. All permitled uses diviaion Repulalions) ol the Arden Hills Code and ahall be ad- and speciel uses within the Shoreland Management Districts ministered as described in said Chepter 22. shall be served with public aewer. No private on•site eewege C. NotMlatlon of tM Commlwloner of NaWnI Rswurcas. treatment systems shell be permitled. (1) A copy of eny requeat for e variance to the provisions G. Shorsland Attmtlons. of ihis ordinance or plats which propose any bts which require (1) The removal of natural vegetation shall be restrided to pra variances to ihe lot area and dimensionel requirements of this vent erosion into protecled waters, to consume nutrienis in ihe ordinance or the nolice of a public hearing ta consider a special soil, and to preserve shorelend aeathetica. Removal of natural use permit or planned unit development permit shall be sent to vegetation in the Stwreland Menapement Distncts shall be sub- the Commissioner of Natural Resources such that notice is ject to the (allowing provisions: received by ihe Commissiorrer at least ten (10) days prior to such (a) Selective removal of naturel vegelation is allowed, provid- hearing or action on such request. ed thal sutlicient vegelative cov,er remains to screen cars, dwell- (2) A copy of all amendments to this ardinence and final deci- ings and other structures when viewed from the weter. siona granting variancea or special uses within the Shoreland (b) Clear cuning of natural vegetation is prohibited. Management Districts shell be sent to the Commissioner of (c) Natural vegetatbn ehall be restwed insofer ag feasible aRer Natural Resources within ten (10) deys of the amendment of final any conatruction project ia completed to retard auAace runoH action. and soil erosion. (3) Copiea of all plats within the Shoreland Management (2) Greding and filling in Shoreland Menagement Districts or Districts shall be submined to ihe Commissioner ot Natural any alteration of the naturel topography where the slope of the Resources within ten (10) days of (inal approval by the City. land is towerd a protected water or a watercourse teading to a Sactlon 6. Gsnercl Provislons. prolected water must be authorized by a permit. If the amount A. Intsrprotallon. In their interpretation and application, the of gratling, ezcavation, or filling ie less than 400 cubic yards per provisions of this ordinance shall be held to be minimum ra single parcel or 400 cubic yards per ecre of land, whichever is quirements and shall be liberally construed in favor of the City, greater, en Administrative Permit shall be required. If the amount end its Ciry Council, and shall not be deemed a limitetion or of grading, excevation, or filling exceo& 400 cubic yards per repeal of any olher powers granted by stete statutes. single parcel or 400 cubic yards per acre of land, whichever is B. Abrogatlon and GreaUr RestrlcUons. It is nol intended greater, a Special Use Permit ahall be required. Such permits by thia ordinance to repeal, abrogate or impair any existing shall be applied for end epproved in accordence with Section easemenfs, covenants or deed reatrictbns. However, where this VI of Chapter B(Excavation) and Section VII ol Appendix A(Zon- ordinance impoaes greater restrictions, the provisions of this or- ing) ol the Arden Hills Code. dinance shall prevail. My such permit may be granted subjecl W the conditions that: C. Repsd ollneonNtlsnt Ordlneneao. All other ordinances (a) The smallest amouM of bare ground is expoaed fa as short inconaistent with thia ordinance are hereby repealed to the ex- a time as feasible. tent o( the inconsistency only. (b) Temporary ground cover, such es mulch, is used and per- d. Sevsroblllty. II any section, clause, provision or portion of manent ground cover, auch ae aod, is esteblished. thie ordinance le adjudged unconstitutlonal or Invalid by e court (c) Methada to prevent eroslon end trep aediment are of competent jurladidion, the remainder of thia ordinanca ehall employed. not be aflecled thereby. (d) Fill is stabilized to accepted engineering atandards, ap- Sectlon 7. Enforesmsnt; Fses; Vlolatbns end Psneltles. proved by the City Engineer. The provisbns ol Section XII of Appendix A(Zoning) of the Arden (3) Any work which will change or diminish the course, cur- Hills Code ere incorporeted herein by reference and are made rent or cross-seclion of a protected water or wetland shall be a pert hereof. approved by the Commissioner ol Natural Resources, and such Ssctlon B. EHecUvs Dete. This Ordinance shall be effective approval shall be construed to mean the issuance by the Com- from end aRer its edoption by the Arden Hills City Council and missioner of Natural Resources of a pertnit under the procedures publication in the New Brlghton Bulletln. of Minnesota Statutea, Sectbn 105.42 and other relatetl stelules. Sectlon 9. Dats of Enaetmsnt. The dale of enactment of Ihis H. Subdlvlslons. No land shall be subdivided which is held ordinence is the date hereinarier specified on which this or- unsuitable by the Ciry for the propoeed use because of flooding, dinance was adopted by the Arden Hills City Council. inadequate drainage, soil and rock formations with severe limita- Adopted by the Arden Hills City Council ihis 30th day of tions lor development, severe erosion potential, unlevorable September, 1885. topography, inadequate water supply or sewer access, or any Robert Woodbum other feature likely W be harmful to the health, salery, or welfere Moyor of future reaidente of Ihe proposed eubdivieion or ol the Anest: communNy. ChaHOtte MeNluh CNrk•Adnlnbtntor (Bulletln: Npv. 20, 1985)