HomeMy WebLinkAbout2010-004Ordinance 2010-004
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2010-004
AN ORDINANCE AMENDING REGULATIONS FOR THE SHORELAND DISTRICT
The Arden Hills City Council hereby ordains that Chapter 13, Section 1325.07 Subd 6 be struck
and all subsequent subdivision renumbered, and Sections 1305 Subd 4 and Section 1330 are
hereby amended in the Arden Hills City Code to read as follows:
1325.04 Definitions.
Subd. 1 Acre. A quantity of land containing forty-three thousand, five hundred and
sixty (43,5 60) square feet or one hundred sixty (160) square rods in whatever shape and
pattern (e.g. circular, square, triangular, irregular, broad or narrow).
Subd. 2 Acre, net (as applied to PUD density calculations). One (1) acre of land,
minus the two-thirds (2/3) of that portion of the acre encompassed by wetlands, one-half
(1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes
that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of
distance; and the entire area of public streets.
Subd. 3 Administrative officer. The zoning administrator, building inspector, their
deputies or assistants, and any other officials of the city charged with or engaged in the
administration of this Code or any portion thereof.
Subd. 4 Administrator. The zoning administrator.
Subd. 5 Agricultural uses. Uses customarily associated with the growing of farm
produce and the raising of farm animals for general use; but not including raising and
feeding (feed lots) of livestock, fur farms and kennels.
Subd. 6 Alteration. As applied to a building or structure, a change or rearrangement in
the structural parts or in the existing facilities, or an enlargement, whether by extending
on a side or by increasing in height, or by moving from one location to another.
Subd. 7 Alley. A minor public or private way which is used primarily for vehicular
service access to the back or side of a lot abutting on a street.
Subd. 8 Animals, domestic. Common household pets, such as dogs and cats, other
animals kept for amusement, companionship, decoration, or interest.
Ordinance 2010-004
Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose
of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine,
fowl, bees, and animals raised for fur.
Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are
not normally a domestic animal or farm animal and would ordinarily be confined in a zoo
or found in the wild.
Subd.11 Antenna. Equipment, used for transmitting and/or receiving
telecommunication, television or radio signals, which is located on the exterior, or
outside, of any building or structure.
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 II: 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 bluff):
(1) Part or all of the feature is located in a shoreland area;
Q The slope rises at least 25 feet above the ordinary high water level of the
Ordinance 2010-004
waterb o dy;
(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.
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 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. 20 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. 21 Building Line. A line parallel to a lot line or the ordinary high water level at
the required setback beyond which a structure may not extend.
Subd. 22 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. 23 Building envelope. (See Lot, Buildable portion of.)
Subd. 24 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. 25 Building inspector. The inspector as provided for in the building code.
Subd. 26 Building, principal. A building in which the principal use, of the lot on which
it is located, is conducted.
Ordinance 2010-004
Subd. 27 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:
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. 28 Bulk materials. Uncontained solid matter such as powder, grain, stone, sand,
sulfur, etc., that has a tendency to become airborne.
Subd. 29 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. 30 Business services. Services performed primarily for other businesses,
including such services as secretarial, clerical, employment agencies, business machine
service, printing, etc.
Subd. 31 Caliper Inches. The diameter of a tree measured at 4.5 feet above the ground.
(Added 4/28/08)
Subd. 32 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 3/18/09)
Ordinance 2010-004
Subd. 33 Clear -cutting. The complete removal of trees or shrubs in a contiguous patch,
strip, row, or block.
Subd. 34 Clinic. A building for out -patient medical treatment of humans or small
animals.
Subd.35 Clubs and lodges. Buildings and facilities owned and operated by a
corporation or association of persons for social, recreational, charitable, educational or
cultural purposes, but not operated primarily for profit or for purposes which are
customarily associated with a business.
Subd. 36 Clubs, sports and fitness. A place of assembly where membership may be
required and is directed toward the general public with the commercial promotion of
sports and physical fitness.
Subd. 37 Commission. The Planning Commission, as established by the Code of
Ordinances, City of Arden Hills, Chapter 2.
Subd. 38 Comprehensive plan. A compilation of policy statements, goals, standard and
maps for guiding the physical, social and economic development, both private and
public, of the city and its environs and may include, but is not limited to, the following
items: Statements of policies, goals, standards, a land use plan, a community facilities
plan, a transportation plan and recommendations for plan execution.
Subd. 39 Conditional Use. A use which, because of unique characteristics, cannot be
classified as a permitted use in a district, and which, after due consideration by the
Planning Commission and Council, pursuant to the applicable procedures contained in
this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted
with restrictions on a site by conditional use permit granted by the Council.
Subd. 40 Conditional Use Permit (C.U.P.). A permit required for certain land uses
classified as Conditional Accessory Uses or Conditional Principal Uses.
Ordinance 2010-004
Subd.41 Consumer Small Loan Establishment. Any establishment that offers
consumer small loans, commonly referred to as "payday loans," as defined in Minnesota
State Statute 47.60 as amended from time to time. (Added 12/3/08)
Subd. 42 Council. The City Council, as established by the Code of Ordinances.
Subd. 43 Critical Root Zone. The minimum area around a tree that should remain
undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For
each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's
is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 =15). The critical root
zone is 30 feet. (Added 4128108)
Subd. 44 Day care facility. Any facility, public or private, which for gain or otherwise,
regularly provides one or more persons with care, training, supervision, habilitation,
rehabilitation or developmental guidance on a regular basis, for periods of less than
twenty-four (24) hours per day, in a place other than the person's own home, including
but not limited to family day care homes, group family day care homes, day care centers,
day nurseries, nursery schools, preschool programs, daytime activity centers, day
treatment programs and day services.
Subd. 45 Density. The number of dwelling units permitted by this Code on one (1)
acre.
Subd. 46 Density net. The number of dwelling units permitted by the Code on one (1)
net acre of land.
Subd. 47 Density transfer. The relocation of housing units or square footage of
building area computed on part of a building site to another part of the site resulting in an
increase in density to the transfer area for the purpose of preserving open space, forested
areas, environmental or terrain features deemed worthy of preservation by the Planning
Commission.
Subd. 48 Density zoning. Density zoning shall be interpreted as the provision of lot
areas smaller than the minimum requirement of this Code under conditions whereby the
total number of dwelling units is not greater than the amount permitted under normal
conditions.
Subd. 49 Dog kennel, Commercial. A structure specifically designed and commercially
used for the harboring of three (3) or more dogs that are more than three (3) months old.
Subd. 50 Dog kennel, Residential. A structure specifically designed and residentially
used for harboring of up to three (3) dogs that are more than three (3) months old.
Subd. 51 Dog Run. A structure specifically designed for domestic use for the harboring
and exercise of not more than two (2) dogs.
Ordinance 2010-004
Subd. 52 Drive-in business. Any business establishment offering to customers a
service which is primarily or exclusively laid out, designed, equipped or operated so as to
allow its customers to purchase and receive such service without having to enter the
building and usually while remaining in their automobiles. By way of illustration, but
without limitation, drive-in businesses include: drive-in banks, drive-in laundry or dry
cleaning establishments, but do not include businesses where prepared commodities,
such as prepared food, beverages or dairy products are sold.
Grocery stores, confectionery stores, drugstores, or restaurants which offer "take home"
food services as an incidental part of their business shall not be considered drive-in
businesses.
It is recognized that automobile service stations are drive-in businesses within the
meaning of the foregoing general definition, but they are excluded from this definition as
used herein since they are treated and defined separately in this Code.
Subd. 53 Drive -up Window. A window or other opening at a business establishment
that allows customers to purchase and/or receive a service or product without having to
enter the building. Added December 3, 2008.
Subd. 54 Dwelling. A building or portion thereof, designed or used exclusively for
residential occupancy, including single-family, two-family and multiple family uses, but
not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal
cabins, or motor homes or travel trailers.
Subd. 55 Dwelling, multiple. A dwelling containing three (3) or more attached
dwelling units.
Subd. 56 Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.
Subd. 57 Dwelling, two-family. A dwelling that consists of two (2) dwelling units.
Subd. 58 Dwelling unit. A residential building or portion thereof intended for
occupancy by one (1) family with facilities for living, sleeping, cooking and eating but
not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming
houses, motor homes or travel trailers.
Subd. 59 Dwelling unit, attached. A dwelling unit which is joined to one (1) or more
other dwelling units.
Subd. 60 Dwelling unit, detached. A dwelling which is not joined to any other
dwelling unit, and is located on a separate lot with the structure surrounded by open
space and having a separate point of entry.
Subd. 61 Earth -sheltered home. A dwelling constructed so that fifty (50) percent, or
more, of the exterior surface of the completed building, excluding garages or other
accessory buildings, is covered with or bears against earth.
Ordinance 2010-004
Subd. 62 Easement. A right or privilege in favor of a person or a government authority
to use a parcel of land or portion thereof for specific purpose.
Subd. 63 Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so the flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
Subd. 64 Exterior storage. The storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
Subd. 65 Family. An individual or two (2) or more persons, each related to the other by
blood, marriage, adoption or foster care, or a group of not more than four (4) persons,
some or all of whom are not related by blood, marriage or adoption, living together and
maintaining a common household. (These regulations shall not be applied so as to
prevent the City from making reasonable accommodation as required by the Federal Fair
Housing Amendments Act of 1988).
Subd. 66 Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Subd. 67 Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Subd. 68 Flood Fringe. That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study
for the City.
Subd. 69 Flood Plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or may be covered by the regional flood.
Subd.70 Flood -Proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Subd. 71 Floodway. A wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge.
Subd. 72 Floor area. The sum of the gross horizontal area of all floors of a building as
measured in square feet from the exterior sides of the exterior walls, or from the
centerline of party walls separating attached buildings, but not including covered porches
that meet the requirements in Section 1325.03 Subd 2.1); decks; any space where the
average floor -to -ceiling height is less than six feet; attached or detached garages; and
other detached accessory structures.
Ordinance 2010-004
Subd. 73 Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a
building's floor area by the amount of lot area.
Subd. 74 Frontage. The uninterrupted front boundary line of a lot, or the length of such
line, which abuts on a street.
Subd. 75 Garage, private. An accessory building or portion of the principle building
which is intended and used for the storage of the private passenger vehicles of the family
or families who reside upon the lot upon which the garage is located.
Subd. 76 Garage, repair. A building or space for the repair or maintenance of motor
vehicles, including body work, painting and vehicle wash, and incidental display and
sales of automotive products but not including factory assembly of such vehicles, auto
wrecking, or junkyards.
Subd. 77 Garage, truck. A building that is used or intended to be used for the storage
of motor trucks, truck trailers, tractors and commercial vehicles exceeding one -ton rated
capacity.
Subd. 78 Grade. The lowest elevation of the finished surface of the ground, sidewalk,
or other paving within a five-foot horizontal distance from the face of the building.
Subd. 79 Group home. A group facility in a residential setting utilized by unrelated
people on a 24-hour per day basis for purpose of rehabilitation, education, supervision
and treatment. (see "residential facility")
Subd. 80 Home occupation. The accessory or conditional accessory use of a residential
structure for any gainful occupation or profession.
Subd. 81 Hotel/motel. Any building, or group of buildings, having six (6) or more
guest rooms intended or designed to be rented or hired out to be occupied, or which are
occupied for sleeping purposes by guests.
Subd. 82 House of worship. A building, together with its accessory buildings and uses,
where persons regularly assemble for religious activities or worship.
Subd. 83 Household. The person or persons occupying a single dwelling unit. A
household may consist of a single family, one (1) person living alone, two (2) or more
families living together or any group of related or un-related persons who share living
arrangements.
Subd.84 Industry. Uses such as the manufacturing, compounding, processing,
packaging, treatment, assembling or warehousing of products and materials.
Subd. 85 Institutional housing. Student or faculty housing for four (4) or more persons
on rental basis, rest home, hospital, sanatorium, nursing home, convalescent home,
orphan home.
Ordinance 2010-004
Subd. 86 Junkyard. An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but
not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A
junkyard includes a vehicle wrecking yard but does not include uses established entirely
within enclosed buildings.
Subd. 87 Land reclamation. The deposition of more than four hundred (400) cubic
yards of sand, gravel, or other earth materials per single parcel or per acre, whichever is
greater, on a site in such a manner as to elevate the grade.
Subd. 88 Landscape lot area. That portion of a lot required to remain as open space,
free of buildings, parking and drives.
Landscape lot areas may consist of:
A. Naturally vegetated areas,
B . Wetlands or ponding areas,
C. Planting beds, ground cover and mulch areas (vegetative, rock, bark chip,
etc.),
D. Decorative walkways and areas not to exceed fifteen percent (15%) of the
required landscape lot area, and
E. Outdoor recreation areas.
Subd. 89 Landscaping. Plantings such as trees, grass, shrubs.
Subd. 90 Loading area. Any area where trucks are maneuvered and parked, for the
purposes of loading or unloading products, materials or equipment.
Subd. 91 Lot. A parcel of land described by metes and bounds measurement, reference
to a registered land survey, plat, record of survey map, or other means, and separated
from other parcels or portions by said description, and which is occupied by, or is
suitable under this Code and other applicable ordinances for occupancy by one (1)
principal building, or used together with any accessory buildings or uses and such open
spaces as are required by this Code.
Subd. 92 Lot area. The total site area within the lot lines.
Subd. 93 Lot area, net buildable. The space remaining on a lot after the minimum
landscape area, open space and setback requirements of this Code have been met.
Subd. 94 Lot area per family. The lot area per family is the lot area required by this
Code to be provided for each family in a dwelling.
Ordinance 2010-004
Subd. 95 Lot, buildable portion of. (Building Envelope) The area of a lot on which a
principal structure maybe placed. The portion of a lot remaining after the minimum
building setbacks have been met. (Lot area, net buildable, is more limiting as other
deductions are included).
Subd. 96 Lot, corner. A lot situated at and abutting on the intersection of two (2) or
more streets having an angle of intersection of not more than one hundred thirty-five
(135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the
tangents to the curve at its point of beginning within the lot or at the points of
intersection of the side lot lines with the street line intersect at the interior angle of less
than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard
requirements for each street frontage.
Subd. 97 Lot coverage. The total allowable amount of lot area, expressed as a
percentage, which may be covered by a principal use and its accessory structures.
Subd. 98 Lot depth. The mean horizontal distance between the mean front road and the
mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage
is its width.
Subd. 99 Lot line. A property boundary line of any lot held in single or separate
ownership or separately described; except that where any portion of the lot extends into
the abutting street or alley, the lot line shall be deemed to be the street or alley line.
Subd. 100 Lot line, front. The boundary of a lot abutting a street. On a corner lot, the
shortest street lot line shall be the front lot line.
Subd. 101 Lot line, rear. The lot line most nearly parallel to and most remote from the
front lot line.
Subd. 102 Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the
longest street lot line shall be a side lot line.
Subd. 103 Lot, interior. A lot other than a corner or reversed corner lot.
Subd. 104 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of
another lot whether across an alley or not.
Subd. 105 Lot of record. A lot existing as of April loth, 1993, date of this Code or
approved by the city as a lot subsequent to such date, and includes non -conforming lots.
Subd. 106 Lot, shoreline. A lot having one (1) or more lot lines fronting on public
waters.
Subd. 107 Lot, through. A lot that has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot. On a through lot, the
Ordinance 2010-004
determination of whether the street frontage is to be considered a front yard or rear yard
shall be as subject to the provisions of this Code.
Subd. 108 Lot width. The mean horizontal distance between the side lot lines at the
minimum front setback line.
Subd. 109 Manufactured home. "Manufactured home" means a structure, transportable
in one or more sections, which in the traveling mode, is eight (8) body feet or more in
width or forty (40) body feet or more in length, or, when erected on site, is three hundred
and twenty (320) or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning,
and electrical systems contained therein; except that the term includes any structure
which meets all the requirements and with respect to which the manufacturer voluntarily
files a certification and complies with the standards established under this Code and
Minnesota State Statutes as amended from time to time.
Subd. 110 Manufacturing and processing. All uses which include the compounding,
processing, packaging, treatment, or assembly of products and materials. Generally,
these are industries dependent upon raw materials refined elsewhere. These uses include,
but are not limited to: fabrication of wood, metal, and plastic products; assembly of
electronic components, equipment, and appliances; processing of chemicals, plastics,
food products, and nonalcoholic beverages; manufacturing of clothing and textile
products; distribution centers, lumber yards, printing and binding shops, machine shops,
sheet metal shops, sign shops, contractor's shops and storage yards.
A. Class I: Above uses without exterior storage.
B. Class II: Above uses with permitted exterior storage.
Subd. 111 Metes and bounds. A method of property description utilizing directions and
distances commencing from and terminating at an easily identifiable point.
Subd. 112 Mining. The extraction of more than four hundred (400) cubic yards of sand,
gravel, or other earth material from a single parcel or per acre of land, whichever is
greater, in such a manner as to reduce the grade.
Subd. 113 Mobile home. A manufactured home designed, constructed, and equipped for
use as a single-family dwelling, which has a width of less than twenty (20) feet over more
than twenty-five (25) percent of its length; or which is not placed on a permanent
foundation complying with the requirements of the state building code or which is not
continuous and solid for the entire perimeter of the structure.
Subd. 114 Mobile home park. Any premises on which are parked two (2) or more
occupied mobile homes, excluding premises on which mobile homes are sold for
removal to another site.
Ordinance 2010-004
Subd. 115 Motorized vehicle leasing and rentals. A business that leases or rents
motorized vehicles to the general public. Includes minor services and washing as an
accessory use. Not more than eight (8) rental or lease vehicles on site at one time.
Subd. 116 Motorized vehicle service. A business that provides repair or maintenance
services for motorized vehicles including engine repair, replacement or parts and engine
service, but does not include body work, painting, factory assembly of vehicles or vehicle
wrecking yards.
Subd. 117 Multiple occupancy building. A building containing two or more
independent businesses with or without separate exterior entrances and for which
signage, parking and site requirements are unified in a consistent visual and functional
manner.
Subd. 118 Native Vegetation. "Native Vegetation" - Plant species indigenous to
Minnesota, or that expand their range into Minnesota without being intentionally or
unintentionally introduced by human activity, and are classified as native in the
Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation
does not include Weeds.
Subd. 119 Nonconforming building. A building lawfully existing as of the effective date
of the adoption of this Code, or amendment hereto, which under the provisions of this
Code could not be built because of restrictions on height, setbacks, yards, lot coverage,
floor area ratio, or other characteristics of the building or its location on the lot where it
exists.
Subd. 120 Nonconforming use. A building, structure or use of a building, structure or
parcel of land, or a portion thereof, lawfully existing as of the effective date of the
adoption of this Code or amendment hereto, as a matter of right or by permit, which is
not permitted in the zoning district in which it is located.
Subd. 121 Nursery. Any land used to raise trees, shrubs, flowers, and other live plants
for sale and commerce.
Subd. 122 Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the direction
of the flow of water, either in itself or by catching or collecting debris carried by such
water.
Subd. 123 Office(s). A room, suite of rooms, or a building containing rooms or suites of
rooms in which persons conduct commercial activities, provide professional services, or
carry on occupations and where goods are not stored, produced, sold at retail or repaired,
including but not limited to the following: financial institutions, executive and
administrative offices, business offices such as insurance, real estate, sales and similar
offices, professional offices such as offices of engineers, surveyors, architects,
Ordinance 2010-004
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 Level. The boundary ofpublic waters and wetlands, and
shall be an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape 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.
Ordinance 2010-004
Subd. 132 Personal services. Services customarily rendered for compensation. Such
services shall only involve minor storage and related sales of products and supplies
related to the service offered and for customers ordinarily utilizing the service offered.
Typical personal services include but are not limited to: apparel tailoring and cleaning;
hair styling, trimming and cutting; beauty services; photographic services; and other
services of a similar nature.
Subd. 133 Planned Unit Development (P.U.D.). The development of a tract of land in a
unified manner, pursuant to a development plan specifically approved by the city.
Subd. 134 Planning Commission. The planning agency of Arden Hills as prescribed in
Minnesota Statutes Chapter 462.3 54. It is advisory to the City Council on all matters
related to the Comprehensive Plan and all official controls that implement the
Comprehensive Plan, and all other matters referred to it by the City Council.
Subd. 135 Protected Waters. 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.
Subd. 136 Public use. The use of any lot, parcel of land and any structure or building
thereon exclusively for public purposes by any department or branch of government,
federal, state, county or city, excluding independent school districts, without reference to
the ownership of said lot, parcel of land, building or structure.
Subd. 137 Public waters. Means a body of water capable of substantial beneficial public
use. This shall be construed to mean, for the purposes of these regulations, any body of
water, which has the potential to support any type of recreational pursuit or water supply
purpose. A body of water created by a private user where there was no previous
shoreland, as defined herein, for a designated private use authorized by the commissioner
of natural resources, shall be exempt.
Subd. 138 Railroad right-of-way. A strip of land with tracks and auxiliary facilities for
track operation, but not including depots, loading platforms, station, train sheds,
warehouses, car shops, car yards, locomotive shops or water towers.
Subd. 139 Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Subd. 140 Recreation, commercial. Recreational facilities which are operated for profit
or render a service which is customarily considered as a business.
Subd. 141 Recreation, residential. Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar
equipment or structures, when used on residential property, but not including electronic
Ordinance 2010-004
towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet
of floor area, or sheds utilized for storage of equipment.
Subd. 142 Recreational Vehicles (RVs). Vehicles for recreational or utilitarian uses that
can be driven, towed, or hauled. Including, but not limited to, motor homes and travel
trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other
similar vehicles. Revised February 7, 2008.
Subd. 143 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft,
Height. The distance as measured from the ground to the highest point of the recreational
vehicle, utility trailer, or watercraft, including any covering, as stored. This does not
including antennas and utility/mechanical systems provided they are accessory and take
up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer
shall be measured as one. Revised February 7, 2008.
Subd. 144 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft,
Length. The distance as measured from end to end of the recreational vehicle, utility
trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and
watercraft on a trailer shall be measured as one. Revised February 7, 2008.
ML
s
Subd. 145 Regional Flood. A flood which is representative of large flood known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-year recurrence interval.
Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Study.
Subd. 146 Research. The use of any lot, parcel of land and any structure or building
located thereon for the purposes of studying or investigating facts not readily available,
such as, for example, medical, chemical, electrical, metallurgical, or other scientific
research, but excluding the manufacture or processing of materials or goods for sale. Re-
search with animals is considered a separate category.
Subd. 147 Research animals. Animals kept in a laboratory setting for the purpose of
testing and research related health care products.
Subd. 148 Residential facility. Any facility, public or private, which for gain or
otherwise, regularly provides one or more persons with a twenty-four (24) hours per day
substitute for care, food, lodging, training, education, supervision, habilitation,
Ordinance 2010-004
rehabilitation and treatment they need, but which for any reason cannot be furnished in
the person's own home, including but not limited to, state institutions under the control of
the commissioner of public welfare, foster homes, residential treatment centers, maternity
shelters, group homes, residential programs, or schools for handicapped children.
Subd. 149 Rest home. A private home for the care of the aged or infirm or place of rest
for those suffering bodily, mental or emotional disorders. Such a home does not contain
equipment for surgical care or for the treatment of disease or injury, nor does it include
maternity, care for mental illnesses or infirmities; includes nursing home.
Subd. 150 Restaurant. A business establishment whose principal business is the
preparation, service and sale of food and beverages to be consumed by customers while
seated at tables or counters located within the building on the premises.
Subd. 151 Restaurant, fast food. Any restaurant which meets a number of the following
requirements:
A. Customarily provides quick service to its customers;
B. Offers to its customers a limited, standardized menu of inexpensive food
and/or beverages;
C. Serves its customers from a counter located within the building on the
premises and does not customarily offer service at the table by waiter or
waitress;
D. Allows customers to consume their orders of food and/or beverages at
tables or counters within the building, in their automobiles parked on the
premises, or away from the premises as the customers choose;
E. Packages and services a substantial proportion of its food and/or
beverages in disposable wrappers, containers, cartons, boxes and bags;
F. Provides a number of trash, litter, or garbage cans in the parking areas and
within the building on the premises for the deposit of the disposable
packaging in which the food and/or beverages are provided;
G. Prepares and cooks a substantial proportion of its food in volume, in
advance of orders by customers, and usually in anticipation of predicted
volumes of customers at certain times of the day;
H. Specifies the items of food and/or beverage offered to customers on signs,
placards, posters, valances, or boards posted in conspicuous places
throughout the building rather than on printed menus given to the customers;
I. Generates a high volume and rapid flow of in -and -out traffic because of
its quick service mode of operation.
Ordinance 2010-004
Subd. 152 Retail sales and services. Stores and shops selling, renting or leasing goods
for uses away from the point of sale or offers services available on the premises.
Includes the following: antiques, art and school supplies, auto accessories, bakeries,
bicycles (not motorized), books, stationery, candy, camera and photographic supplies,
carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking,
department stores, drugs, dry goods, electrical and household appliances, sales and repair,
florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts,
hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage,
locksmith shops, musical instruments, office supply equipment, optometrists, paint and
wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores,
wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and
rentals, exterior equipment rental and sales lots, repair garages, and open sales lots are
not included in this definition of retail sales.
Subd. 153 Roadway. The entirety of a private street and that portion of a public street
extending from the back of the curb (i.e., the curbline) on one side to the back of the curb
(i.e., the curbline) on the other side, used primarily for vehicular traffic.
Subd. 154 Schools, bus terminal. School bus terminal shall be a building or space
engaged primarily in the transportation and activities associated with the transportation of
students.
Subd. 155 Schools, general education. Nursery, primary, elementary and secondary
schools.
Subd. 156 Schools, higher education. Junior colleges, colleges and universities
approved by the Minnesota Higher Education Coordinating Board for the Minnesota
Department of Education.
Subd. 157 Schools, special education. Trade, vocational, business, barber, beauty, art,
music, dancing, driving and other professional schools, with or without on -site housing.
Subd. 158 Service station. A place where gasoline, kerosene, diesel or other motor fuel
or lubricating oil or grease for operating motor vehicles are offered for sale to the public
and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -
bay motor vehicle wash and the sale of automobile accessories on the premises. Also
includes minor repairs, incidental body and fender work, minor painting and upholster-
ing, replacement of parts and motor services to passenger automobiles and trucks not
exceeding one and one-half (1.5) tons capacity. It shall not include major general repair,
rebuilding or reconditioning of engines, motor vehicles or trailers; collision service,
including body, frame or fender straightening or repair; overall painting or paint job.
Subd. 159 Setback. 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.
Ordinance 2010-004
V
Subd. 160 Setback, minimum building. The minimum horizontal distance allowed by
this Code, between a structure and a lot line.
Subd. 161 Shore impact zone. The land located between the ordinary high water level
and a line parallel to it at a setback of 50 percent of the structure setback.
Subd. 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.
Subd. 163 Sidewalk. A hard surfaced public or private way, used primarily for
pedestrian traffic.
Subd. 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.
Subd. 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
buffer or screening along an adjacent public street or between differing land
uses.
Ordinance 2010-004
Subd. 166 Soil processing. The processing of sand, gravel or other materials mined from
the land.
Subd. 167 Staging Area. Any exterior area that is used to load, unload, stack, pile, store
or assemble materials, equipment or vehicles to be used either on site or off site.
Subd. 168 Story. That portion of a building included between the surface of any floor
and the surface of the floor next above it, or, if no such floor above, the space between
such floor and the ceiling next above it.
Subd. 169 Story, half. A space under a sloping roof which has the line of intersection of
roof decking and wall face not more than three (3) feet above the top floor level, and in
which space not more than two-thirds (2/3) of the floor area is finished for use. A half -
story containing independent apartment or living quarters shall be counted as a full story.
Subd. 170 Streets. A public or private way, consisting in the case of a private way of a
roadway and in the case of a public way of a roadway and a boulevard (the latter of
which may contain a sidewalk), used primarily for vehicular traffic, whether designated
as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or
however otherwise designated. The term "streets" includes the following classifications:
A. Collector street. A street which carries traffic from local streets to streets
and highways of higher classifications. It provides for both land access
service and local traffic movements within residential neighborhoods,
commercial areas and industrial areas.
B. Cul-de-sac. A street with a circular turn -a -round and only one outlet.
C. Local street. A street of limited continuity used primarily for access to
the abutting properties and the local needs of a neighborhood.
D. Minor arterial. A street system that interconnects with and augment the
urban major arterial system and provide service to trips of moderate length at
somewhat lower level of travel mobility than major arterials. This system
distributes travel to geographical areas smaller than those identified with the
higher system.
E. Maj or arterial. Usually a divided highway with four (4) or more lanes and
serves the major centers of activity of a metropolitan area, the highest traffic
volume corridors, and the longest trip desire. The major arterial carries a
high proportion of the total urban area travel on a minimum mileage. Almost
all fully and partially controlled access facilities are a part of this class.
F. Expressway. A type of major arterial with a controlled access roadway
and expressway ramps to provide ingress or egress to other levels of streets.
The use of expressway ramps allows the uniform flow of traffic on a major
arterial highway without undue delays.
Ordinance 2010-004
Subd. 171 Structural alterations. Any change in the supporting members of a building
such as bearing walls, columns, beams or girders, or any substantial changes in the roof
and exterior walls.
Subd. 172 Structure. Anything constructed, the use of which requires a permanent
location on the ground or attachment to something having a permanent location on the
ground, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, signs, travel trailers/vehicles not meeting the exemption
criteria otherwise specified in the zoning code, and other similar items.
Subd. 173 Structure, accessory. A detached, subordinate structure, the use of which is
incidental and related to that of the principal use of or principal structure on the lot on
which it is located.
Subd. 174 Structure, multiple -occupancy. (See Multiple occupancy building).
Subd. 175 Structure, principal. The predominant structure upon a lot in which the
principal use of the lot is conducted.
Subd. 176 Structure, temporary or portable. A structure which is not intended for
permanent occupancy but which may be suitable in certain situations for specific periods
of occupancy pending either construction of permanent facilities or a change in
conditions that will eliminate the need for the temporary structure. Portable classrooms,
portable offices and air -supported structures are examples of temporary or portable
structures.
Subd. 177 Studios. A building or space within a building where professional artists,
musicians, photographers, dancers, designers, etc. practice their profession or teach;
display and sales of products used or produced in the profession is considered an
accessory use.
Subd. 178 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 -power generator.
Subd. 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.
Subd. 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. 181 Use, accessory. A use which is incidental to the principal use of the lot on
which it is maintained or conducted.
Ordinance 2010-004
Subd. 182 Use, principal. The primary or predominant use for which the lot and
structure, if any located thereon, is conducted or maintained.
Subd. 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.
Subd. 184 Use, conditional accessory. A use which is 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.
Subd. 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.
Subd. 186 Utility distribution lines. The distribution facilities of electric power, gas,
water and communication companies which directly serve abutting properties.
Subd. 187 Utility substation. A structure used for the relay or distribution of electric,
water, sewer, telephone, etc., services.
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.
Subd. 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. 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.
Ordinance 2010-004
Subd. 192 Vehicle Wash. A building, or portion thereof, which principal use is the
washing of vehicles.
Subd. 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.
Subd. 194 Warehousing. The storage of materials or equipment as a principal use within
an enclosed building.
Subd. 195 Watercraft. Motorized water -oriented vehicles including, but not limited to,
power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non -
motorized craft with greater than a two person capacity. This definition excludes non -
motorized one and two person crafts such as canoes, kayaks, and paddle boats. Revised
February 7, 2008.
Subd. 196 Waterfront uses. Boat docks and storage, water recreation equipment and
other uses normally associated with to lakeshore property.
Subd. 197 Wetlands. Transitional low-lying areas between terrestrial and aquatic
systems, either created or natural, covered with shallow and sometimes temporary or
intermittent waters as defined in the United States Fish and Wildlife Service Circulator
No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet
meadows, and shallow lakes and ponds with emergent vegetation.
Subd. 198 Wetland Alteration. Alteration of a wetland includes changes to the wetland
and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling;
damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of
water; appropriation of water; changes in vegetation; or otherwise altering or destroying a
wetland or wetland buffer or their functions. Alterations would not include Native
Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious
weeds, unless within a Drainage and Utility Easement in which case submission of and
written approval by the City is required.
Subd. 199 Wetland Buffer Strip. An area of vegetated ground cover around the
perimeter of a wetland that, either in its natural condition or through intervention, has the
characteristics of buffering the wetland from surrounding landscaping.
Subd. 200 Wetland Delineation. An assessment tool utilized to determine the boundary
of a wetland using the US Army Corps of Engineers Wetland Delineation Manual
(January 1987) as well as any additional boundary determination requirements
established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a
document that summarizes the observations, results and conclusions performed during
the assessment when wetlands are present
Subd. 201 Yard, front. A yard extending along the full length of the front lot line
between the side lot lines.
Ordinance 2010-004
Subd. 202 Yard, minimum required. The minimum open space extending between a
minimum building setback line and the adjoining lot line in which a principle building
may not be placed and in which accessory buildings may only be placed as regulated in
this Code.
Subd. 203 Yard, rear. A yard extending across the full width of the lot and measured
between the rear line of the lot and the rear line of the main building.
Subd. 204 Yard, side. A yard between the building and the adjacent sideline of the lot
and extending from the front yard to the rear yard.
Subd. 205 Yard Area, required rear. The minimum required rear yard depth multiplied
by the average width of the total rear yard.
Subd. 206 Zoning map. The map or maps incorporated into this Code as a part hereof,
delineating the zoning districts.
Section 1330 - Shoreland Regulations
1330.01 General Provisions.
Subd. 1 Intent. The uncontrolled use of shorelands within 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 Purpose. To achieve the policies described in the City's Comprehensive Plan
and State and Federal policies and statutes, the City intends to determine, control and
guide future development within and surrounding those land areas which are contiguous
to designated bodies of public water and areas of as herein defined and regulated.
Specifically, the City of Arden Hills Purports to:
l . Regulate the placement of sanitary and storm water disposal
facilities on lots;
2. Regulate the area of a lot, the length of water frontage suitable for
a building site, and setbacks;
3. Regulate alteration of the shorelands and wetlands of public
waters;
4. Control natural environment areas of ecological value to maintain
existing aquatic, vegetation, and wildlife conditions to the maximum
extent possible;
5. Promote the use of native vegetation as a means to increase
Ordinance 2010-004
stormwater infiltration, provide natural view sheds, and screen
structures and parking areas as viewed from public waters.
Subd. 3 Statutory Authorization. This Section is adopted pursuant to the authorization
contained in furtherance of the policies declared in Minnesota Statutes Chapters 105 and
462 and Minnesota Regulations Parts 6120.2500-6120.3900.
Subd. 4 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.5 Jurisdiction. This Section shall apply to all lands located within the
boundaries of the shoreland.
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 6120.3 3 00, and the Protected Waters Inventory Map for
Ramsey County, Minnesota.
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
Ordinance 2010-004
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.
1330.03 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 apply:
Lot Area (square feet):
Riparian Lot
Lot Area (square feet):
Non -Riparian Lot
Minimum Water
Frontage and Width at
Building Line (feet)
Structure Minimum
Setback from Ordinary
High Water Level (feet'
Structure Minimum
Setbacks from Streets
and Highways (feet)
Structure Maximum
Height (feet)________�_
Maximum Lot Area
Covered by Impervious
Surface (%)
401000 2000 1 145000
_._w.�._.._........ Y.___............. ...........................
14,000 (for District R-1)
1400 145000 11,000 (for Districts R-2, R-
3 , R-4)
125 75 75
................ ....._........ - -------- ....... _..._.........._...--------- _--- __------------ _._....
150* 75* 50*
40 for Districts R-1, R-21 R-3, R-4
50 for Districts B-1, B-29 I-2
55 for District I-1
3 5 for District R-1, R-2, R-3, R-4, B- l, B-2, I-1
45 for District I-2
3 5 for District R-1, R-2, R-3, R-4
65 for District I-1
75 for District B-1, B-2, I-2
*See Section 1330.03, Subd. 4 for Exceptions to the Structure Setback Requirement
Ordinance 2010-004
Subd. 2 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. All roads and parking areas shall meet the setback requirements
established for structures of this Section.
B. Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
Subd. 3 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 known high water
levels are not available, the ordinary high water 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. 4 Adjacent Lots. On any shoreland lot where the adjacent lots have existing
dwellings that exceed the minimum setback from the OHW level, the shoreline setback
for a new dwelling unit or an addition to an existing dwelling unit shall not be less than
the average of the setbacks from the OHW level for such adjacent dwellings minus ten
(10) feet subject to the following:
A. In no case shall the new structure or addition be within the minimum
setback from the OWH level as stated in Section 1330.03 Subd 1.
B. The minimum structure setback in Section 1330.03 Subd. 1 shall be used
for the adjacent lot when calculating the setback if an adjacent lot is:
1. Vacant;
2. Has a use other than single or two-family residential; or,
3. Has a dwelling unit that encroaches on the minimum structure
setback.
Ordinance 2010-004
Subd. 5 Exceptions to Structure Setback Requirements. No structure shall be placed
within the structure setback requirements of the shoreland management district. The
following are not classified as structures for the purposes of this section:
A. Docks and Boatlifts. Setback requirements from the ordinary high water
level shall not apply to docks and boatlifts. Location of docks and boatlifts
shall be controlled by applicable State and local regulations.
B. Stairways, access lifts, and landings. Setback requirements from the
ordinary high water level shall not apply to stairways, access lifts, or
landings. Stairways and access lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep
slopes to shore areas. Stairways, access lifts and landings located within the
Shore Impact Zone shall meet the following design standards:
1. Landings for stairways and lifts shall not exceed 40 square feet in
area.
2. Canopies or roofs are not allowed on stairways, access lifts, docks, or
landings.
C. Uncovered patios. At grade uncovered patios that have an underside
surface that is entirely in contact with and wholly supported by the ground
may be placed within the structure setback requirements from the ordinary
high water level but shall not be placed within the Shore Impact Zone.
Uncovered patios shall not be considered landscaped area when calculating
lot coverage.
D. Fences. Chain link, or other types of fences with a transparency of at least
75 percent, may be placed within the structure setback requirements from the
ordinary high water level but shall not be placed within the Shore Impact
Zone.
E. Lakeshore lots maybe permitted one (1) accessory storage shed within
the required structure setback from the ordinary high water level, provided
that it:
1. Is not located within the Shore Impact Zone.
2. Does not exceed 64 square feet in size and eight (8) feet in height,
measured to the highest point of the structure.
3. Is not designed or used for human habitation and does not contain a
water supply or sewage treatment facilities.
Subd. 6 Maintenance of shoreland. The shoreland shall be protected from adverse
conditions affecting the public. Keeping the shoreland in a natural state and the use of
native vegetation is encouraged.
Ordinance 2010-004
A. Up to ten (10) percent of the shoreline of a property maybe utilized for
docks, but no property shall be limited to less than four feet of the shoreline
for the utilization of a dock, subject to DNR regulations.
B. Docks shall be setback a minimum of five (5) feet from side property
lines at the point of attachment to the shoreline. This requirement maybe
adjusted by the Zoning Administrator in cases where topography or lot width
significantly limits the placement of docks.
C. 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.
D. Boatlifts, docks, watercraft, accessory structures, and any other equipment
that is in a state of disrepair, inoperable, or otherwise unusable shall not be
stored outdoors.
E. 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.
F. The accumulation of debris, the creation or maintenance of safety
hazards, and similar activities shall be prohibited.
Subd. 7 Shoreland Alterations.
A. Removal of Vegetation. The removal of vegetation shall be restricted to
prevent erosion into protected waters, to consume nutrients in the soil, and to
preserve shoreland aesthetics. Removal of vegetation in the shoreland
management districts shall be subject to the following provisions:
1. In Shore Impact Zones and on steep slopes, limited clearing of trees
and shrubs for access to the shoreline, and cutting, pruning, and trimming
of trees is allowed provided that a minimum of seventy-five (75) percent
of the Shore Impact Zone be left in its natural 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.
3. Except for the removal of invasive species, clear cutting of vegetation
shall be prohibited.
4. Native vegetation shall be restored insofar as feasible after any
construction project is completed to retard surface runoff and soil erosion.
5. All disturbed areas are restored to prevent soil erosion.
Ordinance 2010-004
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. All land disturbance activity in the Shoreland
Management District shall be subject to the provisions of Chapter 15 of the
City Code, Erosion and Sediment Control.
C. 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 ordinary high water level, shall be 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.
D. Permeable Surface Credit. At the discretion of the Zoning Administrator,
up to five percent of a lot's required landscaped area, but not exceeding 700
square feet, may be covered with pervious hard surfaces subject to the
approval of a Shoreland Mitigation Plan.
E. Shoreland Mitigation. A shoreland mitigation plan must be submitted for
residential development that requires land use approval including, but not
limited to, variances; conditional use permits; subdivisions; rezonings; or a
permeable surface credit. The plan shall be designed to mitigate the adverse
effects land development has on water quality and the lake environment. The
mitigation plan shall be signed by the property owner, approved by the
Zoning Administrator, and a Mitigation Affidavit recorded with the Register
of Deeds prior to the commencement of development activity. Furthermore,
mitigation plans shall be completed within one year of the plan's approval
unless otherwise approved by the City. An escrow fee that shall be held for a
minimum of two years shall also be submitted. The mitigation plan shall
include at a minimum two of the following practices:
1. Vegetation Restoration. Vegetation restoration areas may be
established which at a minimum shall include land within the shore
and the bluff impact zones or steep slopes. Land area shall be restored
from lawn, beach or other disturbances using native or natural
landscaping.
a. Steep Slope/Bluff Restoration. Steep slopes and bluffs that are
vegetated with turf may be restored with deciduous and
ornamental trees, evergreens and shrubs that are native to the
area.
b. Shoreline Buffer Restoration. A buffer zone of at least 25 feet
from and parallel to the ordinary high water mark shall be planted
or restored and maintained with vegetation native to the area to
Ordinance 2010-004
fullest practicable extent possible with effective erosion and
sediment control. Existing natural beaches or beaches which have
been permitted by the DNR shall be allowed to continue and be
maintained. A minimum of 30 percent of the lot's shoreline area
shall be restored. This restoration area shall be contiguous unless
otherwise approved as part of the mitigation plan.
2. Architectural Mass. The use of natural color(s) and/or materials on
the exterior of the structure shall be used to reduce the visual impact.
Natural colors are shades of brown, gray, and green. Natural materials
include wood or stone that complement the setting of the structure.
3. Removal of Nonconforming Structures. The mitigation plan may
include the removal of structures that do not comply with the required
structure setbacks from the ordinary high water line or are located
within a shore impact zone or bluff impact zone.
4. Reduction of Impervious Surface Coverage. The mitigation plan may
include a minimum five percent reduction of the existing impervious
surface coverage. The preferable location of this reduction is within
that portion of the lot that drains to the lake.
5. Other Practices. At the discretion of the Zoning Administrator, other
restoration or protection activities may be approved as part of a
mitigation plan provided they meet the obj ectives of this ordinance.
Examples include the removal of artificial sand beaches, stormwater
management and replacement of seawalls with bioengineering
structures.
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 maybe permitted in
accordance with this Code and the City of Arden Hills Zoning Code, 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:
Ordinance 2010-004
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 Notification of the Commissioner of Natural Resources.
Subd. 1 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
conditional 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.
Ordinance 2010-004
Effective Date.
Adoption Date.
2010.
This Ordinance shall become effective the day following its publication.
Passed by the City Council of the City of Arden Hills the 2rciay "o
ATTEST:
SUSAN IVERSON
ACTING CITY ADMINISTRATOR
Publication Date: March 3, 2010