HomeMy WebLinkAbout2005-05-03 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, MAY 3, 2005
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. APPEARANCESIPRESENTATION(S)
1. Presentation of Plaque - Michelle Lakso
2. Mr. Lloyd Drilling, 7030 - 20th Avenue South (Sketch Plans)
III. PUBLIC HEARING (S)
I. Ordinance #4 - Proposed Amendments (Swimming Pool Fencing and Non-
Conforming Uses & Structures)
2. Zoning Map Amendments/Comprehensive Plan Amendment (Zoning Along Main
Street and the Downtown Area) (R-2 to HI or MI)
IV. OLD BUSINESS
1. Ordinance #13 - Memo (Fees - Council)
2. Shoreland Ordinance
3. Church of St. Genevieve - Site Plan Review
V. NEW BUSINESS
1. Letter of Interest - Mr. Mark Pangell
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. April 5, 2005 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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'Esta.6rished 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
TO CONSIDER AMENDING LANGUAGE CONTAINED IN ORDINANCE #4;
DIVISION 30: NON-CONFORMING USES AND STRUCTURES AND DIVISION
100: FENCES
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City
of Centerville wiJl consider amending language contained in Ordinance #4, Division 30:
Non-Conforming Uses and Structures and Division 100: Fences. The meeting is
scheduled for Tuesday, May 3, 2005 at 6:30 p.m. or shortly thereafter. The purpose of
the hearing is to consider amendments to: zoning regulations that would modify the
conditions under which a nonconforming use could be continued, modified or replaced;
allow a determination of conformity for lots otherwise rendered substandard by a
conveyance to a federal, state or local agency; amending height of fences around
swimming pools and implementing a permit requirement for fences.
The City Hall is ADA accessible. Requests for hearing assistance devices or a sign
language interpreter must be received before 4:00 p.m. April 29, 2005. All persons
interested are invited to attend, to be heard, verbally or in writing and comments
considered.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-
8629 if you need additional information. If you desire, you may emai1:
dlarson@centervillemn.com or tbender@centervillemn.com with questions or concerns.
This notice is also available on the City's web site: www.centervillemn.com.
April 12, 2005
Teresa Bender, City Clerk
Published in the Quad Community Press on April 19 and 26, 2005
Page 1 of 1
.
Teresa Bender
From: Teresa Bender [TBender@centervillemn.com]
Sent: Tuesday, April 12, 2005 9:31 AM
To: Quad (Legal Postings) Press (Iegals@sherbtel.net)
Dear Quad Community Press:
Please publish in the Quad Community Press on April 19 and 26, 2005.
Please send confirmation of receipt of this email and publication of the attached.
Thank you.
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Division 100: Fences
A. All fences shall be located entirely upon the property of the fence owner unless the
owner of the adjoining property agrees, in writing that said fence may be erected on
the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back. a minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension of the dwelling house. As used herein, the term "decorative fence"
means a wood vertical post and wood horizontal rail fence with no more than three
(3) rails or a wood picket type fence with at least two (2) inches of open space
between each picket.
B. No residential fence may exceed six (6) feet in height and no decorative fence in
the front yard may exceed thirty-six (36) inches in height. Fencing in
commerciallindustrial zoning shall not exceed eight (8) feet in height.
C. All fences shall be constructed and maintained in a substantial, workmanlike
manner and of material reasonably suited for the purpose for which the fence is
proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross pieces face the interior of the fence owner's lot.
Any fence which does not comply with the provisions of this Section or which
endangers the pUblic safety, health or welfare shall be considered a public
nuisance.
Section 100-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1.
No permit shall be required for temporary fencing.
Section 100-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire
fencing, and similar fencing will not be allowed except in the R-1 District.
Section 100-030: Visual Obstructions: No fence may be erected which creates visual obstructions at
any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement.
Section 100-040: Swimming Pool Fencing. No private swimming pool with a water depth exceeding
twenty-four (24) inches may be allowed unless enclosed by a permanent wall or fence not less than six
(6) feet in height with self-closing door and self-closing latch.
Division 105: Sian Reaulations
See Ordinance #39.
Division 110: Heiaht
Section 110-010: Structures. No structures or other building may be erected to a height exceeding
thirty-five (35) feet without the issuance of a Special Use Permit.
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Effective 9/5/00
City of CenterviJle Ord. #4
property; and
2. It fronts on a public street; and
3. The lot is within seventy percent (70%) of the minimum lot area
and lot width required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this Ordinance, the contiguous lots shall
be considered to be an undivided parcel for the purpose of this Ordinance.
Division 30: Non-ConforminCl Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A. The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of twelve (12) months, further use of the structure or property must
conform to this Ordinance; and
C. If a non-conforming use is replaced by another use, the new use shall conform to
this Ordinance; and
D. If a non-conforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed fifty percent (50%) of the market value, the use
or structure may not be replaced or repaired except in conformity with this
Ordinance; and
E. Normal maintenance of a non-conforming structure is permitted, including
necessary non-structural repairs and incidental alterations, which do not extend or
intensify the non-conforming use.
Division 35: Home Occupations
Home occupations in the City must meet the following criteria:
A. Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than one additional non-related employee; and
B. All business activities and storage shall take place within the structure; and
C. There shall be no alteration to the exterior of the residential dwelling, accessory
building or yard that in any way alters the residential character of the premises; and
D. See Ordinance #39; and
Page 15 of 59
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CITY OF ANOKA
CHAPTER 36-XVI
(c)
(d)
Determination of Nonconforming Status.
A use will be considered legally nonconforming if it can be demonstrated by clear and convincing
evidence that, prior to January 18, 1965, or a subsequent amendment to this Chapter, the use was
established, altered, enlarged or converted and occupied pursuant to building permits issued by the
City of Anoka..... The burden of estahlishing that a nonconforming use is a legal nonconforming use
shall, in all cases, be solely upon the owner of such nonconformity.
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Repairs and Maintenance. (J
Incidental reports and normal maintenance of nonconformities shall be pem.itted unless such
repairs are otherwise prolubited by the City Code. Nothing in this Article shall be deemed to
prevent keeping in good repair a structore in which a nonconforming use is conducted but no sucb'
structure that is declared by the Building Official to be unsafe or unlawful by reason of physical
condition shall be restored, repaired or rebuilt. .
(e) Authority to Continue.
Any nonconforming use may be continued in accordance with the provisions of this Article.
(f) Change of Use.
(1) lfa nonconforming use is discontinued and succeeded by another and more restrictive
use, it shall he presumed that, the prior nonconforming use has ceased to exist and thus
loses its status as a legal nonconforming use.
(2) If no structural alterations are made, a nonconforming use of a structure may be changed
to another nonconforming use if the substitute does not increase the intensity or degree of
nonconformity. A change to a same or less intense nonconforming use or degree of
nonconformity requires administrative approval by the Zoning Administrator or designee
of the Zoning Administrator. The Zoning Administrator may refer the request to the
Planning Commission and City Council.
(g) Change ofTenancv or Ownership,
A change in tenancy, ownership or management will not affect the status of a nonconforming use
if the use remains- the same. .
onconformities Created b Public Action.: '
When lot area, width or sethacks are reduced as a result of conveyance to a federal, state or local .
government for a public purpose and the remaining area is at least fifty percent (50%) of the
otherwise applicable standard, then that lot and any structures existing at the time of public action
shall be deemed to be in compliance with th~' minimum lot size and setback standards of this
chapter.
Section 36-9 L
Non-Conf01lT1in" Lots of Record and Construction of New Dwellings.
(a)
I
, In any district in which single-family dwellings are pennitted, notwithstanding limitations
imposed by other provisions of this code, a single-family dwelling and customary accessory
structures may be erected on a single lot of record established prior to January 18, 1965 provided
that such structure is not located in the Floodplain !;listrict, the Mississippi River Critical Areas .
Corridor, the Rum River Wild, Scenic and Recreational District Or a Shoreland Management
District This provision shall apply even though such lot fails to meet the requirements for area or
width., or both, that are applicable in the district Yard dimensions and other requirements not
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462.357 Official controls: zoning ordinance.
Subd. Ie. Nonconformities. Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or
(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.
Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconfor.mities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.
(2) is the least restrictive means for furthering that compelling
governmental interest.
State of Minnesota
Nonconforming Uses:
Under the new law, if a nonconforming use or occupancy is discontinued for a period of
more than one year, or any nonconforming use is destroyed by fire or other peril to the extent
of greater than 50% of its market value, any subsequent use or occupancy of the land or
premises shall be a conforming use or occupancy. Effective 8/1/01.
Minn. Stat. Sec. 462.357, subd. Ie provides:
Any nonconformity, including the lawful use or occupation ofland or premises existing
at the time of the adoption of an additional control under this chapter, may be continued,
incl uding through repair or maintenance, but if the nonconformity or occupancy is
discontinued for a period of more than one year, or any nonconforming use is destroyed
by fire or other peril to the extent of greater than 50 percent of its market value, any
subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
Suoer Majority Zoning:
Under the new amendment to Minn. Stat. ~ 462.351, zoning ordinances may be adopted or
amended by a majority of the governing body, but changing a zoning district, in part or in
totality, from residential to commercial or industrial must be approved by a 2/3rds majority
of the governing body. Effective 5130/01.
Minn. Stat. Sec. 462.351, subd 2(b) provides:
Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and
amend a zoning ordinance by a majority vote of all its members. The adoption or
amendment of any portion of a zoning ordinance which changes all or part of the existing
classification of a zoning district from residential to either commercial or industria1 requires a
two-thirds majority vote of all members of the governing body.
In January 2002, The Minnesota Attorney General's Office issued an opinion on the effect of
the new amendment reducing the necessary voting majority for adoption or amendment of
most municipal zoning ordinances from two-thirds to a simple majority of all members of the
governing body. The Attorney General's Office opines: "...it is our opinion that the statutory
4
provision for enacting or amending zoning ordinances by a majority vote supersedes any
contrary provision that might be found in a city's charter. "
Development Fees:
The new provision requires that fees imposed under Minn. Stat. ~ 462 must be fair,
reasonable and proportionate to the actual cost of the service for which the fee is imposed. It
requires municipalities to establish procedures to account for the use of the fee. Also, the
provision makes clear that disputed fees, specific fees to specific applications, are eligible for
judicial review under ~ 462. It provides a process for fees to be escrowed and for approved
projects to proceed while the dispute is being resolved. Effective 1/1/01.
Minn. Stat. ~ 462.353, Subd. 4 provides:
A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing,
investigating, and administering an application for an amendment to an official control
established pursuant to sections 462.351 or 462.364 or an application for a permit or other
approval required under an official control established pursuant to those sections. Fees as
prescribed must be by ordinance and must be fair, reasonable, and proportionate to the actual
cost of the service for which the fee is imposed. A municipality shall adopt management and
accounting procedures to ensure that fees are maintained and used only for the purpose for
which they are collected.
If a dispute arises over a specific fee imposed by a municipality related to a specific
application, the amount of the fee must be deposited and held in escrow, and the person
aggrieved by the fee may appeal under section 462.361. An approved application may
proceed as if the fee had been paid, pending a decision on the appeal.
New Reoorting Mandate for Cities
The 2001 Legislature passed into law a new reporting mandate that requires cities to report to
the Department of Administration all construction and development-related fees. The first
report is due April 2003 for calendar year 2002. The new statute (16B.685) provides:
Beginning with the first report filed by April], 2003, each municipality shall annually
report by April] to the department, in a format prescribed by the department, all
construction and development-related fees collected by the municipality from developers,
builders, and subcontractors. The report must include: (1) the number and valuation of
units for which fees were paid; (2) the amount of building permit fees, plan review fees,
administrative fees, engineeringfees, itifrastrUcture fees, and other construction and
development-relatedfees; and (3) the expenses associated with the municipal activities
for which fees were col/ected.
5
LMC
LMCIT
Risk Management Infonnation
r-g.. u/ Min...."'" c....
c.... ",-'ing ~
145 University Avenue West, $t. Paul, MN 55103-2044
Phone: (651) 281-1200. (800) 925-1122
Fax: (651) 281-1298 . TDD (651) 281-1290
www.1ncit.1mnc.org
LAND USE UPDATE
MINN. STATE. SECTION 15.99 - "THE 60 DAY RULE"
What is the "6O-Day Rule"?
Minn. Stat ~ 15.99, Subdivision 2 provides:
... an agency must approve or deny within 60 days a written request relating to zoning '"
Failure of an agency to deny a request within 60 days is approval of the request. If an
agency denies the request, it must state in writing the reasons for the denial at the times
that it denies the request.
Can a MUDicipality Extend the 6O-Day Time Limit?
YES. Minn Stat ~ 15.99, Subdivision 3(f) permits an agency to extend the time limit before
the end of the initial 6O-day period "by providing written notice of the extension to the
applicants."
"Notification must state the reasons for the extension and its anticipated length, which may
not exceed 60 days unless approved by the applicant."
When does the "60-day" time limit begin?
Subdivision 3(a) of Minn. Stat. ~ 15.99 details the method for calculating the 60-day period.
It provides:
The time limit... begins upon the agency's receipt of a written request containing all
infonnation required by law.... If an agency receives a written request that does contain
all required information, the 6O-day limit starts over only if the agency sends notice
within 10 business days of receipt of the request telling the requester what information is
missing.
The Minnesota Supreme Court's Latest Word on the "60 Day R1Ik":
American Tower. LoP. v. City of Grant
Facts:
The Council of Grant adopted a Resolution providing that:
The Town of Grant hereby extends the time lines under Minnesota Statutes ~ 15.99 for
each and every written request relating to zoning... for a permit, license, or other
governmental approval of an action.
The Resolution explains that the City lacks the resources to process zoning applications
within 60 days.
It was the City's practice to send a prospective applicant a copy of the Resolution together
with their Conditional Use Permit (CUP) application packets.
American Tower proceeded to file a written CUP application. On day 98, the City Council
denied American Tower's CUP application request. American Tower challenged the denial
contending the City was required to issue the CUP, as a matter of law under Minn.
Stat_~15.99, because the City failed to approve or deny their application within 60 days.
Ouestion for the Court:
Does Minn. Stat. ~15.99 permit a municipality to extend the 6o-day deadline for response,
before receiving a written request relating to zoning, by providing written notice of extension
in the application form provided to potential applicants?
The Courl's Answer:
An extension of the deadline must be made after the municipality receives the
application. The Court reasoned - one is not an applicant until one has submitted a
zoning request.
The Court also commented on ~15.99's "individualized approach" to zoning requests and
found the City of Grant's practice of granting an automatic extension "for each and every
written request relating to zoning" in advance of an application is inconsistent with the
statute's case-by-case approach because it prospectively establishes generalized rules for
all zoning requests.
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Ouestion for the Court:
In order for a municipality to extend the 6O-day time limit, does the municipality need
extenuating circumstances?
The Court's Answer:
No. The statute does not limit a municipality's ability to grant itself an extension of the
60-day time limit to "extenuating circumstances." Rather, the statute merely requires a
municipality to provide written notice of the extension to the applicant stating the reasons
forthe extension.
RECAP - Four Steps to Extend the 60-Day Time Limit:
a Written notice of the extension;
b. given before the expiration of the deadline;
c. stating the reasons for the extension; and
d. indicating the anticipated length of the extension.
RECENT LEGISLATIVE CHANGES INVOLVING LAND USE ISSUES
Federal
The Relicious Land Use and Institutionalized Persons Act. "RLUlPA".
Signed into law by President Clinton on September 27, 2000, RLUIP A contains two types of
prohibitions regarding land use decisions by municipalities. One, the Act precludes the
complete prohibition of land use regulations that: discriminate against any religious assembly
or institution on the basis of religion; place unreasonable limits on religious assemblies,
institutions or structure; or those which completely exclude religious assemblies from a
jurisdiction.
Second, the Act provides that:
No government shall impose or implement a land use regulation in a manner that imposes
a substantial burden on the religious exercise of a person, including a religious assembly
or institution, unless the government demonstrates that imposition of that burden on that
person, assembly or institution -
(1) is in furtherance of a compelling governmental interest; and
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Chapter Title: PLANNING, DEVELOPMENT, ZONING
Section: 394.36
Text: ID
394.36 Nonconformities.
Subdivision 1. Continuous or it ends. Any
nonconformity including the lawful use or occupation of land or
premises existing at the time of the adoption of an official
control hereunder may be continued, except as regulated,
terminated or acquired by the board as provided in subdivisions
2 or 3, although such USe or occupation does not conform to the
provisions thereof, but if such nonconformity or occupancy is
discontinued for a period of more than one year, or any
nonconforming building or structure is destroyed by fire or
other peril to the extent of 50 percent of its market value, any
subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy.
Subd. la. Substandard structures. Notwithstanding
subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550,
may allow for the continuation and improvement of substandard
structures, as defined in Minnesota Rules, part 6105.0354,
subpart 30, in the Lower Saint croix National Scenic Riverway.
Subd. 2. Regulations. The board may by ordinance
adopt such regulations not contrary to law as it deems desirable
or necessary to classify, regulate and control, reduce the
number or extent of and provide for the gradual elimination of
nonconformities and occupancies, including requiring
nonconformities to conform with the official controls of the
county or terminate within a reasonable time as specified in the
official controls. The board may by ordinance impose upon
nonconformities additional regulations relating to appearance,
signs, lighting, hours of operation and other aesthetic
performance characteristics including but not limited to noise,
heat, glare, vibrations and smoke.
Subd. 3. May buy if detrimental. A nonconformity
that is determined by the board to be detrimental to the
achievement of the goals and Objectives of the comprehensive
plan may be acquired by the board by purchase.
HIST: 1959 c 559 s 16; 1974 c 571 s 41-43; 2002 c 366 s 5
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'Esta6{"fiecf 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NOTICE OF REZONING PUBLIC HEARING BEFORE THE CENTERVILLE
PLANNING AND ZONING COMMISSION
PLEASE TAKE NOTICE that the Planning and Zoning Commission of the City of
Centerville will hold a public hearing and may take action on the following matters:
ITEM:
Re-Zone from R1 to Ml (Mixed Use) or HI
(Commercial) and corresponding Comprehensive
Plan Amendments
PROPERTY ADDRESSES OR PIN #'S TO PARCELS WITHOUT ADDRESSES:
1687,1691,1695,1709,1724,1737,1740,1742
1744, 1745, 1764, 1781, 1798, 1806, 1812, 1814,
1824, 1832, 1844, 1858, 1862, 1969, 1970, 1973,
19}6, 1979, 1981,7105,7113 & 71 I;1 Main Street;
7056, 7064, 7072, 7082, 7084 & 7098 Centerville
Road; 7045, 7059, 7067 & 7087 Goiffon Road;
1643, 1649, 1721, 1745 & 1749 Heritage Street;
andJO<(s, 7059, 70'1.2, 7Q~2, 70S5, 7OS:6,1o~7&
7096_Progress Road; 1589, 15~8, 1724 &17'\4 \
Sorel Street and PIN's #23-31-22-21-0022, 23-31-
22-22-0014,23-31-22-22-0011,23-31-22-22-0010,
23-31-22-22-0009,23-31-23-31-22-23-0029,23-31-
22-23 -0028, 23-31-22-23-0027, 23-31-22-13-0004,
23-31-22-13-0005,23-31-22-13-0007,23-31-22-13-
0008 23-31-22-24-0029 23-31-22-24-0026 23-31-
, .~ .,
22-23-0031, 23-31-22-23-0030, 23-31-22-13-0002,
23-31-22-13-0003 23-31-22-23-0032 23-31-22-23-
, ,
0025 23-31-22-23-0033 23-31-22-23-0024 23-31-
, ~. ,.
22-24-0040,23-31-22-23-0038,23-31-22-24-0015
& 23-31-22-13-0110 (For an exact map of
properties to be discussed, please contact City Hall)
The Planning and Zoning Commission will consider re-zoning with the corresponding
comprehensive plan amendments to the above-mentioned properties for future expansion
of CSAH14/Main Street and future development. The said hearing will take place on
Tuesday, May 3, 2005 at the Centerville City Hall, 1880 Main Street in the Council
Chambers beginning at 6:30 p.m. or shortly thereafter.
The City Hall is ADA accessible. Requests for hearing assistance devices or a sign
language interpreter must be received before 4:00 p.m. April 29, 2005. All persons
>
interested are invited to attend, to be heard, verbally or in writing and comments
considered.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-
8629 if you need additional information. If you desire, you may email:
dlarson@centervillemn.com or tbender@centervillemn.com with questions or concerns.
This notice is also available on the City's web site: www.centervillemn.com.
April 12, 2005
Teresa Bender, City Clerk
Published in the Quad Community Press on April 19 and 26, 2005
4
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tervi[[e
'EstaG{isfreci 1857
1880 :Main Street . Centen;i{(e, :M:N 55038
(651) 429-3232 . PCVC(651) 429-8629
AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE
State of Minnesota)
County of Anoka )
City of Centerville)
I, Teresa Bender, being first duly sworn, deposes aod says:
I am a United States citizen, over twenty-one (21) years of age, and the City Clerk
of the City ofCenterville, Minnesota.
On April 22, 2005, acting on behalf of the said city, I deposited in the U.S. Postal
Service mailbox located at City Hall in the City of Centerville, 1880 Main Street, copies
of the attached Public Hearing Notices for Consideration of Rezoning Properties Along
CSAH 14 aod the Associated Comprehensive Plao Amendments, enclosed in envelopes,
with postage thereon fully prepaid, addressed to the following persons at the addresses
appearing opposite their respective names:
NAME
ADDRESS
See Attached
There is delivery service by United States mail between the place of mailing aod the
places so addressed. ~~ ~ --'
Teresa Bender, City Clerk
Subscribed and sworn to before me this 22nd day of April, 2005.
~Vl &.-ep~
Notary Public ~
. KRlSSWEENEY
NOTARY PU8UC -MINNESOTA
My CoIImIsslon Exl>irIl.lan. 31, 2010
N!e1110...
TO: Chairperson Hanson and Commission Members
FROM: Teresa Bender, City Cler~~\
SUBJECT: Ordinance #13 - Liquor (Forwarded to Council & Council Request for
Additional Information)
DATE: April 29, 2005
Please find the attached emails from our Joint Police Department member cities and their
associated fees. I have also attached an email from the City of Plymouth because the
City of Centerville modeled their liquor ordinance after theirs.
Council has not been presented with this information to due; however, they will receive it
in their May 11, 2005 packet.
Page 1 of 1
Teresa Bender
From: J Keinath [jkeinath@ci.circle-pines.mn.us]
Sent: Monday, April 25, 2005 8:47 AM
To: Teresa Bender
Subject: Re: liquor fees
Hi Teresa
Circle pines has been fairly consistent. We have levied the max ($2000) in most cases. The last
violation we levied $2,000 but suspended it for one year if there are not other violations in that time.
The Council did hear from a couple of citizens about that case being to lenient.
Jim
Teresa Bender wrote:
Mr. Delmont & Mr. Keinath:
My Council has requested that we research the fees that our joint police members
charge for liquor violations.
Can you let me know what you do?
Thanks,
~ E...tu.
~eu
~.c~
1880 m"""EJ4ut
~,1rOZ 550:38
-n-, (65!) 429.3232", /3
P""" (65!) 429-8629
4/25/2005
Page 1 of2
Teresa Bender
From: Mike Delmont pexingtonmn@comcast.net]
Sent: Monday. April 25, 2005 8:53 AM
To: 'Teresa Bender'
Subject: RE:
SECTION 5.99A CIVIL PENALTIES
Civil penalties will be imposed and the license may be suspended or revoked by the Council
after a finding that the licensee has failed to comply with any applicable statute, rule or provision
of this ordinance.
The following are the civil penalties, which may be imposed by the City Council for violations
of the provisions of the chapter:
1. For the first violation within any three-year period, at least one-day suspension may be
imposed along with a fine of $500 in addition to any criminal penalty that may be
imposed.
2. For the second violation within any three-year period, at least 3 consecutive days'
suspension may be imposed along with a fine of $1,000 in addition to any criminal penalty
that may be imposed.
3. For the third violation within any three-year period, up to 10 consecutive days suspension
may be imposed along with a fine of $2,000 in addition to any criminal penalty that may
be imposed.
4. For the forth violation within a three-year period the license shall be revoked.
No suspension or revocation takes effect until the license or permit holder has been given an
opportunity for a hearing. (See section 2.06)
Imposition of a penalty or suspension by either the issuing authority or the commissioner does
not preclude imposition of an additional penalty or suspension by the other so long as the total
penalty or suspension does not exceed the stated maximum. Approved 08/07/03 (Ord. 03-12)
-----Orlgiool Message-----
From: Teresa Bender [mailto:TBender@centervillemn.com]
Sent: Monday, April 25, 2005 9:30 AM
To: Mike Delmont; Jim Keinath
Subject:
Mr. Delmont & Mr. Keinath:
My Council has requested that we research the fees that our joint police members
charge for liquor violations.
Can you let me know what you do?
4/25/2005
Page 2 of2
Thanks,
'f..- '8DU1a
~ I!!U
~4~
/880 W/abvStwt
~,mn 55038
~, (66{) 429-3232", 13
:P""" (66{) 429-8629
4/2512005
Page 1 of2
Teresa Bender
From: Teresa Bender [fBender@centervillemn.com]
Sent: Tuesday, April 26, 20056:48 AM
To: 'Mark Bevins'
Subject: RE:
Dear Detective Bevins:
Thank you soooo much for your prompt response.
'r..- B..da
~~
~4~
1880 Jr!".".Sttu.f;
~ mn 550:38
n-" (650429-92321" f3
:1='""" (650 429-8629
-m-Original Message-----
From: Mark Bevins [mailto:MBevins@ci.plymouth.mn.us]
Sent: Tuesday, April 26, 2005 6:27 AM
To: Teresa Bender
Subject: RE:
Teresa
Yes! They are the same. Over the years the businesses have come to know "what to
expect" and so, usually don~ argue the fine.
Good luck and let me if there's anything else I can do to help out. Mark
-----Original Message-----
From: Teresa Bender [mailto:TBender@centeJViDemn,com]
Sent: Monday, April 25, 2005 9:34 AM
To: Mark Bevins
Subject:
Dear Detective Bevins:
The City of Centerville is utilizing the City of Plymouth ' s Best Practices
Ordinance for Liquor.
Are your fees still the same for fines as several years ago?
Please let me know.
Thank you!
'r..- B..da
4/29/2005
Page 2 of2
~eu
~'"
~
1880 J11"""
S4at
~
mn 550:38
<f:1-, (650
<129-9232)&
t3
:P""" (650
<129-8629
4/29/2005
Page 1 ofl
Teresa Bender
From: Peterson, Tom W [tpeterson@bonestroo.com]
Sent: Tuesday, October 19, 20041:10 PM
To: Teresa Bender
Subject: Shoreland Management Web site
Hi Teresa,
As promised, Randy Neprash has responded. He also told me that we typically recommend Cities adopt
the DNR model shoreland management ordinance, dated June 1999. We can get you a copy of this if
you want.
Tom
--Original Message----
From: Neprash, Randy D
Sent: Tuesday, October 19, 2004 12:11 PM
To: Peterson, Tom W
Cc: Halverson, Greg
Subject: shoreland management Web site
Tom:
Here is a Web site that might be of interest to you and the Centerville City Council. It is the Minnesota Shoreland
Management Resource Guide. It includes a page tilled "Quick & Easy Answers" that has short fact sheets on
various aspects of shoreland management.
Randy
htto:/Iwww.shorelandmanaaement.ora/overviewflndex.html
10/19/2004
Page 1 of!
Teresa Bender
-..". ._--_._--_._..._..._~------------_._---~.~._._-_._._-~.---------..---.-. ..._.-,.._-,----~--_.._------------_.._~-~-_._.-_..__..---..,.....--.--.--
From: Lee Daleiden pdaleiden@ricecreel<wd.com]
Sent: Tuesday. October 19. 2004 10:18 AM
To: Teresa Bender
Subject: RE:
The DNR is the best place to reference a shoreland ordinance. Most communities I counties adopt the DNR's
standards or use this as a base model. Please view their web page (Rice Creek WD has a link) and use the
search button to find what your looking for. If you need further assistance please let me know.
tks - Lee
---Original Message---
From: Teresa Bender [mailto:TBender@centervillemn.com]
Sent: Tuesday, October 19, 2004 9:18 AM
To: lee Daleiden
Subject:
Dear Lee:
Does the Rice Creek Watershed District have a Model Shoreland Ordinance? If not. can you get your
hands on one?
Please let me know and thanks in advance.
'1"""",1'1..A.
~~
~4~
1880 }11dbo:'3f;uJ
~ J11f1. 55038
n.-, (650429-3232",13
:F'_ (650 429-8629
10/19/2004
SAMPLE SHORELAND MANAGEMENT ORDINANCE
June 1999
DNR Waters: Shore land Management Program
Department of Natural Resources
Preface
This document is to be used as a guide for the adoption ofland use regulations consistent with
statewide standards for "Management of Shore land Areas", Minnesota Regulations Parts
6120.2500 - 6120.3900, which became effective on July 3, 1989. Respective counties, and select
municipalities for incorporated areas within counties, will be notified in writing by the
Commissioner of the Department of Natura I Resources if they must adopt these new state
standards. The timeframe fur mandatory adoption is within 2 years after notification to adopt.
The sample ordinance that follows includes the full array of zoning and subdivision regulations for
the most complex or all inclusive of shoreland management situations. The sample ordinance is
not intended as free-standing zoning and subdivision code. It could be adopted as a separate
section(s) within a community's existing zoning and subdivision regulations. If a community has
no existing community-wide land use regulations at the time of shoreland ordinance adoption,
then additional administrative and development review processes would have to be established as
explained herein.
It is anticipated that a local government's adopted shore land ordinance will deviate from this
sample ordinance as the situation warrants. The sample ordinance does provide a framework or
baseline for DNR's review of a local government's adopted shoreland ordinance. If a provision
from the sample ordinance is not included, the Department will look for a reason or justification
for its exclusion. The section ofthis package which follows, titled "Introduction to Sample
Shoreland Ordinance", identifies those ordinance provisions that are recommended only and many
of the reasons or justifications for revising or not including certain provisions.
Townships considering adoption of shoreland regulations should pay special attention to
Appendix A which outlines additional provisions that must be met.
A local government should keep in close contact with their DNR area hydrologist throughout the
ordinance adoption process. The area hydrologist will provide advice and assistance as time
permits and this contact should ensure the DNR's speedy approval of the ordinance at the end of
the adoption process. An "Ordinance Certification Checklist" has been provided in Appendix B
which identifies the key procedural aspects of adoption that the DNR will verifY when receiving a
local government's shoreland regulations.
INTRODUCTION TO SAMPLE SHORELAND MANAGEMENT ORDINANCE
This introduction is intended as a guide for the use ofthe Department of Natural Resources',
"Sample Shoreland Ordinance", dated January 1, 1990. What follows is not a step-by-step
explanation of the sample ordinance. Local officials will have to use judgement in drafting their
shoreland ordinance, and hopefully after consultation with their DNR area hydrologist.
This sample ordinance is not a free-standing set of zoning and subdivision regulations. It could be
adopted as a separate section(s) of existing zoning and subdivision regulations. The
community/user may find some of the recommended language duplicative or the user may wish to
dissect the sample ordinance for inclusion into the appropriate separate parts of a comprehensive
zoning and subdivision code. The DNR will accept any legitimate ordinance format that contains
the necessary regulatory language.
The format of this document is a section-by-section discussion of the sample ordinance. A given
explanation of a section may be brief, advising only whether the provisions are optional or
mandatory. Other explanations may be lengthy and describe which language is required or how
comprehensive or complex issues are to be handled.
Prior to spending a considerable amount of time on preparing a draft shoreland ordinance, local
officials should contact their area hydrologist for further direction. Questions should be referred to
the community's area hydrologist or to (612) 296-4800.
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
It is recommended that the provisions of Sections 1.1 and 1.2 or similar provisions be included in a
community's zoning controls. This will establish legislative authority and policies for the ordinance
should a later appeal or court action follow. A community may have an existing zoning ordinance
section that deals with statutory authorization and policy, where these statutory and rule citations
and policies could be included.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
Again, a community with existing community-wide land use regulations probably has most or all of
the provisions in Sections 2.1 - 2.6. Those communities that do not are encouraged to include
these Sections.
The definitions in Section 2.7 are generally the minimum definitions necessary for a compliant
shoreland ordinance. Obviously, a community could amend a definition to make it more
comprehensive/restrictive. A defmition may not be necessary if a given feature or land use is not
present in the community or a regulatory option is not to be chosen. For example: 1) the
definition of "guest cottage" would not be needed if the community opts to not allow guest
cottages by excluding Section 5.14, C of the sample ordinance (page 19) from their adopted
ordinance; or 2) defmitions of certain types of land uses are not necessary (e.g., industrial use,
commercial use, planned unit development, etc.) if they are not an allowable use within shorelands.
The community should be able to explain why a given definition in Section 2.8 is modified or not
included.
SECTION 3.0 - ADMINISTRATION
Essentially, the language in Sections 3.1 - 3.4 must be in a community's shoreland ordinance or
comparable language must be in a community's existing community-wide land use regulations.
Most communities with land use regulations will likely already require permits (Section 3.11),
certificates of zoning compliance (Section 3.2), and include guidance language on the issuance of
variances (Section 3.31). Adjustments to existing sections of community-wide regulations will be
necessary if specific shoreland issues are not adequately covered.
The Department of Natural Resources, Division of Waters has suggested "forms" for building
permit applications, issuance of permits, conditional uses, and variances, and certification of final
construction. These forms are available upon request.
For Section 3.3, a zoning ordinance is not legally enforceable unless the community has formally
established a board of adjustment. The Department of Natural Resources has developed
recommended language to establish a board of adjustment and the procedures for conduct of
business ofthe board should this be necessary. When a community grants a variance that the DNR
recommended be denied in the hearing record, the community is strongly encouraged to include
the optional language in Section 3.32, which states:
1) When a variance is approved after the Department of Natura I Resources has formally
recommended denial in the hearing record, the notification of the approved variance required in
Section 3.42 below shall also include the board of adjustment's summary ofthe public
record/testimony and the findings offacts and conclusions which supported the issuance of the
variance.1t
This enables the DNR to provide a more timely decision to the permittee as to whether the
Department will appeal the decision ofthe community.
SECTION 4.0
Section 4.1 - Shoreland Classifications:
A shoreland ordinance must list the qualifYing public waterbodies and the corresponding shoreland
management classification scheme for these public waters. Communities need to: ]) list the public
waterbodies meeting the size criterion of Minnesota Regulations, Part 6]20.2500, Subp. 13, in the
text of the ordinance; and 2) specny the appropriate lake or river classification for these
waterbodies and the (legal) description of the upper and lower boundary of each river
classification.
Communities are also strongly encouraged to identny shore land classifications on their official
zoning map and to delineate the landward extent of the shoreland district as accurately as possible.
This is an eligible item for ordinance adoption assistance under the DNR's Shoreland Grant
Program. In no case should a community state in the text ofthe ordinance that they will do this
delineation and then not follow through and show the shoreland district boundary on the official
zoning map. A copy of a community's official zoning map must accompany a shore land ordinance
text that is submitted to DNR for approval.
The DNR's area hydrologists have listings and/or maps for each community showing (preliminary)
lake and river classifications. For outstanding recreational rivers, area hydrologists have
preliminary classification maps and tables for the 5 specific river classifications above ("Remote"
through "Urban") which identitY the legal descriptions of the river classification boundaries.
Protected waters inventory (PWI) maps for the respective county are available from the area
hydrologist and can be used to identitY the remaining "Tributary" river and stream reaches in the
community. Local governments may consider adopting these additional documents by reference
into their shore land ordinance if these documents are properly dated, labelled, and signed.
Section 4.2 - Land Use District Designations:
Communities are encouraged to demonstrate at the time of shoreIand ordinance adoption that the
categories of land use districts in the zoning ordinance text (and their designation on the official
zoning map) meet state standards. These land use district designations could have been developed
in a section of the ordinance devoted specifically to shorelands, or the community could
demonstrate that its existing community-wide land use district designations as applied to
shorelands already meet the intent of state shoreland management standards. In determining
compliance with state standards, the following provisions of Minnesota Regulations, Part
6120.3100, must be satisfied:
1. The management of areas unsuitable for development due to wet soils, steep slopes,
flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any
other feature likely to be harmful to the health, safety, or welfare ofthe residents ofthe
community.
2. The reservation of areas suitable for residential development from encroachment by
commercial and industrial uses.
3. The centralization of service facilities for residential areas and enhancement of economic
growth for those areas suitable for limited commercial development.
4. The management of areas for c'ommercial or industrial uses which, by their nature, require
location in shoreland areas.
5. The protection of valuable agricultural lands from conversion to other uses~
6. The preservation and enhancement of the quality of water-based recreational use of public
waters including provisions for public accesses.
Generally, the Department of Natural Resources will accept existing or proposed land use district
designations in the zoning ordinance text and on the official zoning map as "substantially
compliant" if the local unit of government demonstrates the following compliance findings:
Compliance Findings:
The Community has an up-to-date comprehensive land use plan with a water resource
element and/or a separate local water plan (updating a community's comprehensive land use plan
for shoreland considerations is an eligible item for cost-sharing under DNR's Shoreland Grant
Program);
The community, via an official resolution ofthe government body, makes a specific finding
that the goals, policies, and objectives of the comprehensive plan/local water plan and the 6
provisions noted above have been satisfied; and
A public hearing(s) has been held and adequate investigations conducted to insure against
incompatibility ofland uses, both within existing land use districts or by land uses in adjacent land
use districts.
The Department of Natural Resources will request a community to justify land use districts that are
not substantially compatible with state standards via the "implementation flexibility" language in
Minnesota Regulations, Part 6120.2800, Subp. 3. While "substantial noncompliance" is
judgemental, the DNR would question the following types ofland use district regulations:
There is a mixture of land uses within a given land use district that are incompatible with
each other (e.g., commercial use in a single residential district, commercial use in a special
protection district, etc.);
Not requiring a conditional use permit for a given land use where this is required by state
standards and is necessary to properly review and approve the development;
Allowing a land use inconsistent with a waterbody's classification; or
Having the intensity of a land use, and not the land use type itself, be inconsistent with the
land use district (e.g., mixing "single residential" and "high density residential" in the same district).
Section 4'.23 - Inconsistent Land Use Districts:
Communities that do not demonstrate compliance oftheir existing land use districts must include
Section 4.23 of this sample ordinance. Communities can continue to enforce their inconsistent
land use districts, but the community must include a section similar to Section 4.2 of the sample
ordinance with compliant land uses which will be used for the long-term upgrading of these
inconsistent land use district regulations.
SECTION 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
Sections 5.1 - 5.5:
Sections 5.1 - 5.5 contain the setback, design, and other performance standards generic to most
shoreland development. Most communities will adopt the categories of provisions in Sections 5.1-
5.5. Certain provisions can he deleted if they do not apply to a community (e.g., certain lake or
river classifications not present, no unsewered areas, etc.). Further, certain provisions are optional
and need not be included (e.g., Sections 5.14, c. and d.) ifa development option is not included.
Please note that the provisions for "height of structures" in Section 5.23 are applicable to
incorporated areas only.
Section 5.6:
Communities will only include provisions similar to Section 5.6 if these types ofland uses are
allowable within the community. Ifany of the use provisions in Section 5.6 are not included, then
the respective land uses cannot be an allowable use in the land use district tables in Section 4.0.
Section 5.7 - Conditional Uses:
The sample ordinance assumes communities have established procedures in their comprehensive
zoning regulations for processing, reviewing and granting conditional use applications. The
provisions of Section 5.7 must he added for shoreland areas only.
Section 5.8 - Water Supply and Sewage Treatment:
This is the minimal acceptable language for shoreland areas. Local governments may choose to
adopt their own comprehensive sewage treatment code in lieu of adopting MPCA's Chapter 7080
by reference. This code would have to be as restrictive or more restrictive than Chapter 7080.
Communities adopting their own comprehensive sewage treatment system code must submit this
code to DNR at least 60-days in advance of submitting their shoreland ordinance to DNR for
approval. This 60-day period is necessary for the MPCA to review and approve the community's
sewage code as meeting state standards in Chapter 7080.
SECTION 6.0 - NONCONFORMITIES
Communities must include Sections 6.11 and 6.12 unless they can demonstrate that they have no
nonconforming, undeveloped lots of record and no nonconforming structures, respectively. A
structure is a nonconforming structure if it does not meet the placement, design or height criteria
of Section 5.0 of the sample ordinance.
Section 6.13 is mandatory if a community has on-site sewage treatment systems. Local
governments must develop and implement programs to identifY and upgrade sewage"treatment
systems that do not meet proper design criteria. In addition to requiring reconstruction when
pennits or variances are issued, a local program must implement one of the following approaches
to upgrading nonconforming systems:
I. A systematic review of existing records to determine which systems in the jurisdiction are
nonconforming and requiring reconstruction when practicable;
2. A systematic on-site inspection program including all properties where adequate record of
conformances does not exist, identifying nonconforming or illegal systems and requiring
reconstruction when appropriate; or
3. A notification or education program that is oriented toward convincing substantial numbers
of property owners to evaluate their sewage systems and voluntarily upgrade the sewage treatment
system, if appropriate.
No later than the date of adoption of compliant shoreland regulations, a community must submit a
formal resolution to the commissioner indicating which of the above three options the community
has selected. The commissioner can accept other programs if they are justified by the local unit of
government.
SECTION 7.0 - SUBDIVISIONIPLATTING PROVISIONS
A community must adopt, at a minimum, the subdivision and platting provisions of this Section of
the sample ordinance. A community must demonstrate that it has a legally enforceable mechanism
to administer these procedures, standards and criteria. A community must submit a copy of its
subdivision regulations to the Department of Natural Resources prior to receiving state approval
that the community's overall shore land regulations are in compliance with Minnesota Regulations,
Parts 6120.2500 - 6120.3900.
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS
Local governments must consider incorporating provisions allowing planned unit developments
(PUD's). If a community chooses to allow PUD's, they may be allowed for new projects on
undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and
land. These PUD provisions must be consistent with or more restrictive than the provisions of
Section 8.0. At such time as the commissioner approves the local government's shoreland
regulations, PUD approval would be the sole responsibility ofthe local government. Also, please
note that the Department of Natural Resources has developed a PUD Evaluation Worksheet to aid
in the administration ofthese provisions, which is available upon request.
TABLE OF CONTENTS
SECTIONS PAGE
Section 1.0 Statutory Authorization & Policy I
Section 2.0 General Provisions & Definitions I
Section 3.0 Administration
3.1 Permits Required 8
3.2 Certificates of Zoning Compliance 8
3.3 Variances 8
3.4 Notifications to DNR 9
Section 4.0 Shore land Classifications and Land
Use Districts
4.1 Shoreland Classification System IO
4.2 Land Use District Descriptions 11
Section 5.0 Zoning and Water Supply/Sanitary
Provisions
5.1 Lot Area and Width Standards 17
5.2 Placement, Design, and Height
of Structures 20
5.3 Shoreland Alterations 24
5.4 Placement and Design of Roads,
Driveways and Parking Areas 27
5.5 Stormwater Management 27
5.6 Special Provisions for:
-Commercial, Industrial, Public
and Semipublic Uses 28
-Agricultural Uses 29
-Forestry 30
-Extractive Uses 30
-Mining of Metallic Minerals and Peat 30
5.7 Conditional Uses 30
5.8 Water Supply and Sewage Treatment 31
Section 6.0 Nonconformities
6.1 Construction on Nonconforming Lots
of Record 33
6.2 Additions/Expansions to Nonconforming
6.3
Structures
Nonconforming Sewage Treatment Systems
Section 7.0 SubdivisionIPlatting Provisions
Section 8.0 Planned Unit Developments
APPENDICES
Appendix A Considerations for Township Zoning
Appendix B Ordinance Certification Checklist
33
34
35
37
PAGE
A-I
B-1
January 1, 1990
SAMPLE SHORELAND MANAGEMENT ORDINANCE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
1.1 Statutory Authorization
This shore land ordioance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or
Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of (the Community of) , Minnesota
affects the public health, safety and general weIfure not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public
health, safety and welfare to provide for the wise subdivision, use and development of shorelands
of public waters. The Legislature of Minnesota has delegated responsibility to local governments
of the state to regulate the subdivision, use and development of the shorelands of public waters and
thus preserve and enhance the quality of surface waters, conserve the economic and natural
environmental values of shorelands, and provide for the wise use of waters and related land
resources. This responsibility is hereby recognized by (the Community of)
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction
The provisions of this ordioance shall apply to the shorelands ofthe public water bodies as
classified in Section 4.0 ofthis ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500-
6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size
in unincorporated areas need be regulated in a local government's shore land regulations. A body
of water created by a private user where there was no previous shoreland may, at the discretion of
the governing body, be exempt from this ordinance.
2.2 Compliance
The use of any shore land of public waters; the size and shape of lots; the use, size, type and
location of structures on lots; the installation and maintenance of water supply and waste treatment
systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the
subdivision ofIand shall be in full compliance with the terms ofthis ordinance and other applicable
regulations.
2.3 Enforcement
The (local government or designated official) is responsible for the
administration and enforcement ofthis ordinance. Any violation of the provisions of this ordinance
or failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defmed by law. Violations of this ordinance can occur
regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of
this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions ofthis ordinance shall be held to be minimum
requirements and shall be liberally construed in favor ofthe governing body and shall not be
deemed a limitation or repeal of any other powers granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion ofthis ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the
provisions ofthis ordinance shall prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
2.7 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the same meaning as they have in common usage and so as to give this ordinance its
most reasonable application. For the purpose ofthis ordinance, the words "must" and "shall" are
mandatory and not permissive. All distances, unless otherwise specified, shall be measured
horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any building or
improvement subordinate to a principal use which, because of the nature of its use, can reasonably
be located at or greater than normal structure setbacks.
2.712 Bluff. "Bluff" means a topographic feature such as a hill, cliff; or embankment having the
following characteristics (an area with an average slope ofIess than 18 percent over a distance for
50 feet or more shall not be considered part ofthe bluff):
(I) Part or all ofthe feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from
the top of a bluff.
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage of
boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary high water
level at the required setback beyond which a structure may not extend.
2.716 Commercial planned unit developments. "Commercial planned unit developments" are
typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their
operations are essentially service-oriented. For example, hoteVmotel accommodations, resorts,
recreational vehicle and camping parks, and other primarily service-oriented activities are
commerical planned unit developments.
2.717 Commercial use. "Commercial use" means the principal use ofland or buildings for the
sale, lease, rentaL or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department of Natural
Resources.
2.719 Conditional use. "Conditional use" means a land use or development as defined by
ordinance that would not be appropriate generally but may be allowed with appropriate restrictions
as provided by official controls upon a finding that certain conditions as detailed in the zoning
ordinance exist, the use or development conforms to the comprehensive land use plan ofthe
community, and the use is compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings,
seats, trellises, or other features, attached or functionally related to a principal use or site and at
any point extending more than three feet above ground.
2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling structure on a
single lot, having two, three, and four units, respectively, being attached by common walls and
each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
2.722 Dwelling site. "Dwelling site" means a designated location for residential use by one or
more persons using temporary or movable shelter, including camping and recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or other
shelter designed as short-or long-term living quarters for one or more persons, including rental or
timeshare accommodations such as motel, hotel, and resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface removal of
sand, gravel, rock, industrial minerals, other nomnetallic minerals, and peat not regulated under
Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of forested lands
to prepare for a new land use other than reestablishment of a subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may contain
sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary
dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is defmed in Minnesota Statutes,
Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.728 Height of building. "Height of building" means the vertical distance between the highest
adjoining ground level at the building or ten feet above the lowest ground level, whichever is
lower, and the highest point of a flat roof or average height of the highest gable of a pitched or
hipped roof.
2.729 Industrial use. "Industrial use" means the use ofland or buildings for the production,
manufacture, warehousing, storage, or transfer of goods, products, commodities, or other
wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal
of trees or shrubs in a contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land
survey, auditors plot, or other accepted means and separated from other parcels or portions by said
description for the purpose of sale, lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at the
midpoint of the building line.
2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land already
in existence, recorded, or authorized before the adoption of official controls or amendments
thereto that would not have been permitted to become established under the terms of the official
controls as now written, if the official controls had been in effect prior to the date it was
established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of public waters
and wetlands, and shall be an elevation delineating the highest water level which has been
maintained for a sufficient period oftime to leave evidence upon the landscape, commonly that
point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level is the elevation ofthe top of the bank
ofthe charmel. For reservoirs and flowages, the ordinary high water level is the operating
elevation ofthe normal summer pool.
2.735 Plarmed unit development. "Plarmed unit development" means a type of development
characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel,
whether for sale, rent, or lease, and also usually involving clustering ofthese units or sites to
provide areas of common open space, density increases, and a mix of structure types and land uses.
These developments may be organized and operated as condominiums, time-share condominiums,
cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster
subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings,
campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and
land uses to these uses.
2.736 Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section
105.37, subdivisions 14 and 15.
2.737 Residential planned unit development. "Residential planned unit development" means a use
where the nature of residency is nontransient and the major or primary focus of the development is
not service-oriented. For example, residential apartments, manufactured home parks, time-share
condominiums, townhouses, cooperatives, and full fee ownership residences would be considered
as residential planned unit developments. To qualifY as a residential planned unit development, a
development must contain at least five dwelling units or sites.
2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit
organization to provide a public service that is ordinarily open to some persons outside the regular
constituency ofthe organization.
2.739 Sensitive resource management. "Sensitive resource management" means the preservation
and management of areas unsuitable for development in their natural state due to constraints such
as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a structure, sewage
treatment system, or other facility and an ordinary high water level, sewage treatment system, top
of a bluff, road, highway, property line, or other facility.
2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as described and
regulated in Section 5.8 ofthis ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force
main, and all other construction, devices, appliances, or appurtenances used for conducting sewage
or industrial waste or other wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary high
water level of a public water and a line parallel to it at a setback of 50 percent of the structure
sethack.
2.744 Shoreland. "Shoreland" means land located within the following distances from public
waters: I ,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet
from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream, whichever is greater. The limits of shorelands may be reduced whenever the waters
involved are bounded by topographic divides which extend landward from the waters for lesser
distances and when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means any archaeological site, standing
structure, or other property that meets the criteria for eligibility to the National Register of Historic
Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted
cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site
meets these criteria if it is presently listed on either register or if it is determined to meet the
qualifications for listing after review by the Minnesota state archaeologist or the director of the
Minnesota Historical Society. All unplatted cemeteries are automatically considered to be
significant historic sites.
2.746 Steep slope. "Steep slope" means land where agricultural activity or development is either
not recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other technical reports,
unless appropriate design and construction techniques and farming practices are used in
accordance with the provisions ofthis ordinance. Where specific information is not available,
steep slopes are lands having average slopes over 12 percent, as measured over horizontal
distances of 50 feet or more, that are not bluffS.
2.747 Structure. "Structure" means any building or appurtenance, including decks, except aerial
or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles,
and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease,
including planned unit developments.
2.749 Surface water-oriented commercial use. "Surface water-oriented commercial use" means
the use of land for commercial purposes, where access to and use of a surface water feature is an
integral part ofthe normal conductance of business. Marinas, resorts, and restaurants with
transient docking facilities are examples of such use.
2.750 Toe of the bluff. "Toe of the bluff" means the lower point ofa 50-foot segment with an
average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluft" means the higher point ofa 50-foot segment with an
average slope exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defined or described in Minnesota
Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.753 Water-oriented accessory structure or facility. "Water-oriented accessory structure or
facility" means a small, above ground building or other improvement, except stairways, fences,
docks, and retaining walls, which, because of the relationship of its use to a surface water feature,
reasonably needs to be located closer to public waters than the normal structure setback.
Examples of such structures and facilities include boathouses, gazebos, screen houses; fish houses,
pump houses, and detached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the United
States Fish and Wildlife Service Circular No. 39 (1971 edition).
SECTION 3.0 - ADMlNlSTRATION
3.1 Permits Required
3.11 A permit is required for the construction of buildings or building additions (and including
such related activities as construction of decks and signs), the installation and/or alteration of
sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of
this ordinance. Application for a permit shall be made to the (designated official)
on the forms provided. The application shall include the necessary
information so that the (designated official) can determine the site's
suitability for the intended use and that a compliant sewage treatment system will be provided.
3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified
nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or
replaced in accordance with the provisions ofthis ordinance.
3.2 Certificate of Zoning Compliance
The (designated official) shall issue a certificate of zoning compliance for
each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will
specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement,
or construction at variance with that authorized by permit shall be deemed a violation ofthis
ordinance and shall be punishable as provided in Section 2.3 of this ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394 (for
counties) or 462 (for municipalities), as applicable. A variance may not circumvent the general
purposes and intent of this ordinance. No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject property is located. Conditions may be
imposed in the granting of a variance to ensure compliance and to protect adjacent properties and
the public interest. In considering a variance request, the board of adjustment must also consider
whether the property owner has reasonable use of the land without the variance, whether the
property is used seasonally or year-round, whether the variance is being requested solely on the
basis of economic considerations, and the characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance with the
rules that it has adopted for the conduct of business. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the hearing record, the
notification of the approved variance required in Section 3.42 below shall also include the board of
adjustment's summary of the public record/testimony and the findings of facts and conclusions
which supported the issuance of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate whether a
conforming sewage treatment system is present for the intended use ofthe property. The variance,
if issued, must require reconstruction of a nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shore1and management controls must be sent to the commissioner or
the commissioner's designated representative and postmarked at least ten days before the hearings.
Notices of hearings to consider proposed subdivisions/plats must include copies of the
subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions granting
variances or conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked within ten days of
final action.
4.0 - SHORELAND CLASSIFICA nON SYSTEM AND LAND USE DISTRICTS
4.1 Shoreland Classification System
The public waters of (local government name) have been classified below
consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected
Waters Inventory Map for _ County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in
section 2.744 and as shown on the Official Zoning Map.
4.12 Lakes
A.
Natural Environment Lakes
Protected Waters
Inventory I.D. #
(list here and designate
on official zoning map)
B.
Recreational Development Lakes
(list here and designate
on official zoning map)
Protected Waters
Inventory I.D.#
C.
General Development Lakes
Protected Waters
Inventory I.D.#
(list here and designate
on official zoning map)
4.13 Rivers and Streams
A.
Remote Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
B.
Forested Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
C.
Transition Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
D.
Agricultural Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
E.
Urban Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
F.
Tributary Streams
*
(list river names here and
show boundaries of district
on official zoning map)
* All protected watercourses in the (local government) shown on the
Protected Waters Inventory Map for County, a copy of which is hereby
adopted by reference, not given a classification in Items A-E above shall be considered
"Tributary" .
4.2 Land Use District Descriptions
4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation of a land
use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies,
and objectives of the comprehensive land use plan (when available) and the following criteria,
considerations, and objectives:
A. General Considerations and Criteria for All Land Uses:
(1) preservation of natural areas;
(2) present ownership and development of shoreland areas;
(3) shore land soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in-water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve water and related land
resources;
(10) the land requirements of industry which, by its nature, requires location in shoreland
areas; and
(11) the necessity to preserve and restore certain areas having significant historical or
ecological value.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use ofthe surfuce wates and likely increases in use associated
with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
4.22 Land Use District Descriptions. The land use districts provided below, and the allowable
land uses therein for the given classifications of waterbodies, shall be properly delineated on the
Official Zoning Map for the shorelands of this community. These land use districts are in
conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3:
(Note: Include either the following tables of land use districts by classification, modified tables
meeting state standards or a reference to an existing ordinance with land use descriptions meeting
state standards.)
A. Land Use Districts For Lakes
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
(1) Special Protection District - Uses
-Forest management
-Sensitive resource
management
-Agricultural: cropland
and pasture
-Agricultural feedlots
-Parks and historic
sites
-Extractive use
-Single residential
-Mining ofmetaIlic
minerals and peat
P
p
P
P
p
P
P
C
p
C
P
C
c
c
c
c
c
c
c
c
c
p
p
P
(2) Residential District - Uses
-Single residential P P P
-Semipublic C C C
-Parks & historic sites C C C
-Extractive use C C C
-Duplex, triplex, quad
residential P P C
-Forest management P P P
-Mining of metallic
minerals and peat P P P
(3) High Density Residential District - Uses
-Residential planned
unit developments C C C
-Single residential P P P
-Surfuce water oriented
commercial* C C C
-Semipublic C C C
-Parks & historic sites C C C
-Duplex, triplex, quad
residential P P P
-Forest management P P P
(4) Water Oriented Commerical
District - Uses
-Surface water-oriented
commercial P P C
-Commercial planned unit
development** C C C
-Public, semipublic C C C
-Parks & historic sites C C C
-Forest management P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
(5) General Use District - Uses
-Commercial P P C
-Commercial planned unit
development** C C C
-Industrial C C N
-Public, semipublic P P C
-Extractive use C C C
-Parks & historic sites C C C
-Forest management P P P
-Mining ofmetallic
minerals and peat P P P
B. Land Use Districts for Rivers and Streams
Re- For- Trans- Agri- Urban Tribu-
mote ested ition cultural tary
(I) Special Protection District - Uses
-Forest management P P P P P P
-Sensitive resource
management P P P P P P
-Agricultural: cropland
and pasture P P P P P P
-Agricultural feedlots C C C C C C
-Parks and historic
sites C C C C C C
-Extractive use C C C C C C
-Single residential C C C C C C
-Mining of metallic
minerals and peat P P P P P P
(2) Residential District - Uses
-Single residential P P P P P P
-Semipublic C C C C C P
-Parks and historic
sites C C C C C P
-Extractive use C C C C C C
-Duplex, triplex, quad
residential C C C C P C
-Forest management P P P P P P
-Mining ofmetallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion ofa commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
(3) High Density Residential- Uses
-Residential planned
unit developments C C C C C C
-Single residential P P P P P P
-Surface water oriented
commercial* C C C C C C
-Semipublic C C C C C C
-Parks and historic
sites C C C C C C
-Duplex, triplex, quad
residential P P P P P P
-Forest management P P P P P P
.
(4) Water-oriented Commercial- Uses
-Surface water-oriented
commercial C C C C C C
-Commercial planned
unit development* C C C C C C
-Public, semipublic C C C P P P
-Parks and historic
sites C C C C C C
-Forest management P P P P P P
(5) General Use District - Uses
-Commerical C C C C P C
-Commercial planned
unit development** C C C C C C
-Industrial N C N N C C
-Public, semipublic C C C C P C
-Extractive use C C C C C C
-Parks and historic
sites C C C C C C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
4.23 Use and Upgrading oflnconsistent Land Use Districts.
A. The land use districts adopted in Ordinance Number ---' Section _, as they apply
to shoreland areas, and their delineated boundaries on the Official Zoning Map, are not consistent
with the land use district designation criteria specified in Section 4.22 herein. These inconsistent
land use district designations may continue until revisions are proposed to change either the land
use district designation within an existing land use district boundary shown on the Official Zoning
Map or to modify the boundary of an existing land use district shown on the Official Zoning Map.
B. When a revision is proposed to an inconsistent land use district provision, the following
additional criteria and procedures shall apply:
(l) For Lakes. When a revision to a land use district designation on a lake is considered, the
land use district boundaries and use provisions therein for all the shoreland areas within the
jurisdiction of this ordinance on said lake must be revised to make them substantially compatible
with the framework in Sections 4.21 and 4.22 of this ordinance.
(2) For Rivers and Streams. When a revision to a land use district designation on a river or
stream is proposed, the land use district boundaries and the use provisions therein for all
shore land on both sides of the river or stream within the same classification within the jurisdiction
of this ordinance must be revised to make them substantially compatible with the framework in
Sections 4.21 and 4.22 of this ordinance. Ifthe same river classification is contiguous for more
than a five-mile segment, only the shoreland for a distance of2.5 miles upstream and downstream,
or to the class boundary if closer, need be evaluated and revised.
c. When an interpretation question arises about whether a specific land use fits within a given
"use" category, the interpretation shall be made by the Board of Adjustment. When a question
arises as to whether a land use district's boundaries are properly delineated on the Official Zoning
Map, this decision shaIl be made by the (governing body).
D. When a revision is proposed to an inconsistent land use district provision by an individual
party or landowner, this individual party or landowner will only be responsible to provide the
supporting and/or substantiating information for the specific parcel in question. The
(governing body) will direct the (designated official)
to provide such additional information for this waterbody as is necessary to satisIY Items A and B.
E. The (governing body) must make a detailed finding offact and
conclusion when taking final action that this revision, and the upgrading of any inconsistent land
use district designations on said waterbody, are consistent with the enumerated criteria and use
provisions of Section 4.2.
5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad
residential lots created after the date of enactment of this ordinance for the lake and river/stream
classifications are the foIlowing:
5.Il Unsewered Lakes
A. Natural Environment:
Riparian Lots
Area Width
Single 80,000 200
Duplex 120,000 300
Triplex 160,000 400
Quad 200,000 500
B. Recreational Development:
Riparian Lots
Area Width
Single 40,000 150
Duplex 80,000 225
Triplex 120,000 300
Nonriparian Lots
Area Width
80,000 200
160,000 400
240,000 600
320,000 800
Nonriparian Lots
Area Width
40,000 150
80,000 265
120,000 375
Quad 160,000 375 160,000 490
c. General Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
5.12 Sewered Lakes:
A. Natural Environment:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
B. Recreational Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
c. General Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
5.13 River/Stream Lot Width Standards. There is no minimum lot size requirements for rivers
and streams. The lot width standards for siugle, duplex, triplex and quad residential developments
for the six river/stream classifications are:
Re-
mote
For-
ested
Trans-
ition
Agri-
cultural
Urban & Tributary
No sewer
Sewer
Siugle 300 200 250 150
Duplex 450 300 375 225
Triplex 600 400 500 300
Quad 750 500 625 375
5.14 Additional Special Provisions.
100
150
200
250
75
115
150
190
A. Residential subdivisions with dweIIiug unit densities exceediug those iu the tables iu
Sections 5.12 and 5.13 can only be allowed if designed and approved as residential planned unit
developments under Section 8.0 of this ordiuance. Only land above the ordiuary high water level
of public waters can be used to meet lot area standards, and lot width standards must be met at
both the ordiuary high water level and at the buildiug line. The sewer lot area dimensions in
Section 5.12 can only be used ifpublicly owned sewer system service is available to the property.
B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also
meet the foIlowiug standards:
(1) each buildiug must be set back at least 200 feet from the ordiuary high water level;
(2) each buildiug must have common sewage treatment and water systems iu one
location and serve all dweIIiug units iu the buildiug;
(3) watercraft dockiug facilities for each lot must be centralized in one location and
serve all dwelling units in the buildiug; and
(4) no more than 25 percent of a lake's shoreline can be iu duplex, triplex, or quad
developments.
C. One guest cottage may be allowed on lots meetiug or exceeding the duplex lot area and
width dimensions presented iu Section 5.1 1-5.13, provided the folIowiug
standards are met:
(1) for lots exceediug the miuirnum lot dimensions of duplex lots, the guest cottage
must be located within the smallest duplex-sized lot that could be created iucluding
the priucipal dwelliug unit;
(2) a guest cottage must not cover more than 700 square feet ofland surface and must
not exceed 15 feet iu height; and
(3) a guest cottage must be located or designed to reduce its visibility as viewed from
public waters and adjacent shore lands by vegetation, topography, increased
setbacks or color, assuming summer leaf-on conditions.
D. Lots intended as controlled accesses to public waters or as recreation areas for use by
owners of nonriparian lots within subdivisions are permissible and must meet or
exceed the following standards:
(I) they must meet the width and size requirements for residential lots, and be suitable
for the intended uses of controlled access lots.
(2) Ifdocking, mooring, or over-water storage of more than six (6) watercraft is to be
allowed at a controlled access lot, then the width of the lot (keeping the same lot
depth) must be increased by the percent of the requirements for riparian residential
lots for each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size
to shore length
( acres/mile)
Required increase
in frontage
(percent)
Less than 100
100-200
201-300
301-400
Greater than 400
25
20
IS
10
5
(3) they must be jointly owned by all purchasers oflots in the subdivision or by all
purchasers of nonriparian lots in the subdivision who are provided riparian access
rights on the access lot; and
(4) covenants or other equally effective legal instruments must be developed that
specify which lot owners have authority to use the access lot and what activities
are allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of the public
water or the enjoyment of normal property rights by adjacent property owners.
Examples ofthe nonsignificant conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be continuously moored,
docked, or stored over water, and must require centralization of all common
facilities and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by vegetation or topography
as much as practical from view from the public water, assuming summer, leaf-on
conditions.
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures
and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on
both sides of a proposed building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the ordinary high water level, provided the proposed
building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be
located as follows.
A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water
Level*.
Setbacks*
Classes of
Public Structures Sewage Treatment
Waters Unsewered Sewered System
Lakes
Natural
Environment 150 150 150
Recreational
Development 100 75 75
General
Development 75 50 50
Rivers
Remote 200 200 150
Forested and
Transition 150 150 100
Agriculture,
Urban, and
Tributary 100 50 75
*One water-oriented accessory structure designed in accordance with Section 5.22 ofthis
ordinance may be set back a minimum distance often (10) feet from the ordinary high water level.
B. Additional Structure Setbacks. The following additional structure setbacks apply,
regardless of the classification of the waterbody:
Setback From:
Setback (in feet)
(1)
top of bluff;
30
(2)
unplatted cemetery;
50
(3)
right-of-way line of
federal, state, or
county highway; and
50
(4)
right-of-way line of
town road, public street,
or other roads or streets
not classified.
20
C. Bluff Impact Zones. Structures and accessory fucilities, except stairways and landings,
must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, iflocated on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in accordance with any floodplain
regulations applicable to the site. Where these controls do not exist, the elevation to
which the lowest floor, including basement, is placed or flood-proofed must be determined
as follows:
(I) for lakes, by placing the lowest floor at a level at least three feet above the highest
known water level, or three feet above the ordinary high water level, whichever is
higher;
(2) for rivers and streams, by placing the lowest floor at least three feet above the
flood of record, if data are available. If data are not available, by placing the
lowest floor at least three feet above the ordinary high water level, or by
conducting a technical evaluation to determine effects of proposed construction
upon flood stages and flood flows and to establish a flood protection elevation.
Under all three approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing
the management of flood plain areas. If more than one approach is used, the
highest flood protection elevation determined must be used for placing structures
and other fucilities; and
(3) water-oriented accessory structures may have the lowest floor placed lower than
the elevation determined in this item if the structure is constructed of
flood-resistant materials to the elevation, electrical and mechanical equipment is
placed above the elevation and, if long duration flooding is anticipated, the
structure is built to withstand ice action and wind-driven waves and debris.
B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory
structure not meeting the normal structure setback in Section 5.21 of this ordinance if this
water-oriented accessory structure complies with the following provisions:
(1) the structure or facility must not exceed ten feet in height, exclusive of safety rails,
and cannot occupy an area greater than 250 square feet. Detached decks must not
exceed eight feet above grade at any point;
(2) the setback of the structure or facility from the ordinary high water level must be at
least ten feet;
(3) the structure or facility must be treated to reduce visibility as viewed from public
waters and adjacent shore lands by vegetation, topography, increased setbacks or
color, assuming summer, leaf-on conditions;
(4) the roof may be used as a deck with safety rails, but must not be enclosed or used
as a storage area;
(5) the structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities; and
(6) as an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage ofrelated boating and water-oriented sporting
equipment, may occupy an area up to 400 square feet provided the maximum
width of the structure is 20 feet as measured parallel to the configuration ofthe
shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore
areas. Stairways and lifts must meet the following design requirements:
(1) stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be used for commercial properties, public open-space recreational
properties, and planned unit developments;
(2) landings for stairways and lifts on residential lots must not exceed 32 square feet in
area. Landings larger than 32 square feet may be used for commercial properties,
public open-space recreational properties, and planned unit developments;
(3) canopies or roofs are not allowed on stairways, lifts, or landings;
(4) stairways, lifts, and landings may be either constructed above the ground on posts
or pilings, or placed into the ground, provided they are designed and built in a
manner that ensures control of soil erosion;
(5) stairways, lifts, and landings must be located in the most visually inconspicuous
portions oflots, as viewed from the surface of the public water assuming summer,
leaf-on conditions, whenever practical; and
(6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons
are also allowed for achieving access to shore areas, provided that the dimensional
and performance standards of sub items (1) to (5) are complied with in addition to
the requirements of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant historic site in a
manner that affects the values of the site unless adequate information about the site has
been removed and documented in a public repository.
E. Steep Slopes. The (designed official) must evaluate possible soil
erosion impacts and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions must be attached
to issued permits to prevent erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
5.23 Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Aherations
Alterations of vegetation and topography will be regulated to prevent erosion into public waters,
fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
5.31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and sewage treatment
systems and the construction of roads and parking areas regulated by Section 5.4 of this
ordinance are exempt from the vegetation alteration standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest management uses as
regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the following
standards:
(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep
slopes is not allowed. Intensive vegetation clearing for forest land conversion to
another use outside ofthese areas is allowable as a conditional use if an erosion
control and sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
(2) In shore and bluff impact zones and on steep slopes, limited clearing oftrees and
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to
the water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock watering areas, beach
and watercraft access areas, and pennitted water-oriented accessory structures or
facilities, provided that:
(a) the screening of structures, vehicles, or other facilities as viewed from the
water, assuming summer, leaf-on conditions, is not substantially reduced;
(b) along rivers, existing shading of water surfaces is preserved; and
(c) the above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of structures, sewage
treatment systems, and driveways under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit. However, the
grading and filling standards in this Section must be incorporated into the issuance of
permits for construction of structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for:
(1) the movement of more than ten (10) cubic yards of material on steep slopes or
within shore or bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of steep slopes and
shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the issuance of
construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following
fimctional qualities ofthe wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
(f) noteworthiness, including special qualities such as historic signficance,
critical habitat for endangered plants and animals, or others.
*This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits, reviews, or approvals by other local,
state, or federal agencies such as a watershed district, the Minnesota Department
of Natural Resources, or the United States Army Corps of Engineers. The
I
i
L_
applicant will be so advised.
(2) Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible;
(4) Methods to minimize soil erosion and to trap sediments before they reach any
surfuce water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides ofthe local soil and water conservation
districts and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates an unstable
slope;
(7) Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create finished
slopes 000 percent or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner under Minnesota Statutes, section 105.42;
(10) Alterations of topography must only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the shoreline and
placement of a filter blanket, is permitted if the finished slope does not exceed
three feet horizontal to one foot vertical, the landward extent of the riprap is within
ten feet of the ordinary high water level, and the height ofthe riprap above the
ordinary high water level does not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is connection to a
public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local
shoreland controls. Permission for excavations may be given only after the commissioner
has approved the proposed connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from public waters.
Documentation must be provided by a qualified individual that all roads and parking areas are
designed and constructed to minimize and control erosion to public waters consistent with the
field office technical guides of the local soil and water conservation district, or other applicable
technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be placed
within bluff and shore impact zones, when other reasonable and feasible placement alternatives
exist. If no alternatives exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access-related parking
areas may be placed within shore impact zones provided the vegetative screening and erosion
control conditions of this subpart are met. For private facilities, the grading and filling provisions
of Section 5.32 ofthis ordinance must be met.
5.5 Stormwater Management.
The following general and specific standards shall apply:
5.51 General Standards:
A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must
be used to convey, store, filter, and retain stormwater runoff before discharge to public
waters.
B. Development must be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potentia~ and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
C. When development density, topographic features, and soil and vegetation conditions are
not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins,
skimming devices, dikes, waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than buried pipes and
man-made materials and facilities.
5.52 Specific Standards:
A. Impervious surface coverage oflots must not exceed 25 percent of the lot area.
B. When constructed facilities are used for stormwater management, documentation must be
provided by a qualified individual that they are designed and installed consistent with the
field office technical guide of the local soil and water conservation districts.
C. New constructed stormwater outfalls to public waters must provide for filtering or settling
of suspended solids and skinuning of surface debris before discharge.
5.6 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and
Extractive Uses and Mining of Metallic Minerals and Peat.
5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses.
A. Surfuce water-oriented commercial uses and industrial, public, or semipublic uses with
similar needs to have access to and use of public waters may be located on parcels or lots
with frontage on public waters. Those uses with water-oriented needs must meet the
following standards:
(I) in addition to meeting impervious coverage limits, setbacks, and other zoning
standards in this ordinance, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures;
(2) uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the
minimum size necessary to meet the need; and
(3) uses that depend on patrons arriving by watercraft may use signs and lighting to
convey needed information to the public, subject to the following general
standards:
(a) no advertising signs or supporting facilities for signs may be placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit
issued by the county sheriff;
(b) signs may be placed, when necessary, within the shore impact zone if they
are designed and sized to be the minimum necessary to convey needed
information. They must only convey the location and name ofthe
establishment and the general types of goods or services available. The
signs must not contain other detailed information such as product brands
and prices, must not be located higher thao ten feet above the ground, and
must not exceed 32 square feet in size. If illuminated by artificial lights, the
lights must be shielded or directed to prevent illumination out across public
waters; and
( c) other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards
and is shielded or otherwise directed to prevent direct illumination out
across public waters. This does not preclude use of navigational lights.
B. Uses without water-oriented needs must be located on lots or parcels without public
waters frontage, or, if located on lots or parcels with public waters frontage, must either
be set back double the normal ordinary high water level setback or be substantially
screened from view from the water by vegetation or topography, assuming summer,
leaf-on conditions.
5.62 Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming,
and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact
zones are maintained in permanent vegetation or operated under an approved conservation
plan (Resource Management Systems) consistent with the field office technical guides of
the local soil and water conservation districts or the United States Soil Conservation
Service, as provided by a qualified individual or agency. The shore impact zone for
parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from
the ordinary high water level.
B. Animal feedlots must meet the following standards:
(1) new feedlots must not be located in the shoreland of watercourses or in bluff
impact zones and must meet a minimum setback of 300 feet from the ordinary high
water level of all public waters basins; and
(2) modifications or expansions to existing feedlots that are located within 300 feet of
the ordinary high water level or within a bluff impact zone are allowed if they do
not further encroach into the existing ordinary high water level setback or
encroach on bluff impact zones.
5.63 Forest Management Standards. The harvesting of timber and associated reforestation must
be conducted consistent with the provisions ofthe Minnesota Nonpoint Source Pollution
Assessment-Forestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota."
5.64 Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development and
restoration plan must be developed, approved, and followed over the course of operation
of the site. The plan must address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and topographic alterations. It must also
identifY actions to be taken during operation to mitigate adverse environmental impacts,
particularly erosion, and must clearly explain how the site will be rehabilitated after
extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be located consistent
with setback standards for structures from ordinary high water levels of public waters and
from bluffs.
5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, as
defmed in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use provided
the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied.
5.7 Conditional Uses
Conditional uses allowable within shore land areas shall be subject to the review and
approval procedures, and criteria and conditions for review of conditional uses established
community-wide. The following additional evaluation criteria and conditions apply within
shore land areas:
5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
(1) the prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
(2) the visibility of structures and other facilities as viewed from public waters is
limited;
(3) the site is adequate for water supply and on-site sewage treatment; and
(4) the types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
5.72 Conditions attached to conditional use permits. The
(designated body), upon consideration of the criteria listed above and the purposes of this
ordinance, shall attach such conditions to the issuance of the conditional use permits as it
deems necessary to fulfill the purposes of this ordinance. Such conditions may include,
but are not limited to, the following:
(1) increased setbacks from the ordinary high water level;
(2) \imitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
(3) SpeciaJ provisions for the location, design, and use of structures, sewage treatment
systems, watercraft launching and docking areas, and vehicle parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality ofthe Minnesota Department of Health and the
Minnesota Pollution Control Agency.
5.82 Sewage treatment. Any premises used for human occupancy must be provided with
an adequate method of sewage treatment, as follows:
A. Publicly-owned sewer systems must be used where available.
B. All private sewage treatment systems must meet or exceed the Minnesota Pollution
Control Agency's standards for individual sewage treatment systems contained in
the document titled, "Individual Sewage Treatment Systems Standards, Chapter
7080", a copy of which is hereby adopted by reference and declared to be a part of
this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high water
level in accordance with the setbacks contained in Section 5.21 of this ordinance.
D. All proposed sites for individual sewage treatment systems shall be evaluated in
accordance with the criteria in subitems (1)-(4). If the determination ofa site's
suitability cannot be made with publicly available, existing information, it shall then
be the responsibility of the applicant to provide sufficient soil borings and
percolation tests from on-site field investigations.
Evaluation criteria:
(I) depth to the highest known or calculated ground water table or bedrock;
(2) soil conditions, properties, and permeability;
(3) slope;
(4) the existence oflowlands, local surface depressions, and rock outcrops;
E. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with section 6.13 of this ordinance.
SECTION 6.0 - NONCONFORMITIES
All legally established nonconformities as of the date of this ordinance may continue, but they will be
managed according to applicable state statutes and other regulations of this community for the subjects of
alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that
the following standards will also apply in shoreIand areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office of the county recorder on the date of enactment oflocal
shoreIand controls that do not meet the requirements of Section 5.1 of this ordinance may
be allowed as building sites without variances from lot size requirements provided the use
is pennitted in the zoning district, the lot has been in separate ownership from abutting
lands at all times since it became substandard, was created compliant with official controls
in effect at the time, and sewage treatment and setback requirements ofthis ordinance are
met.
B. A variance from setback requirements must be obtained before any use, sewage treatment
system, or building permit is issued for a lot. In evaluating the variance, the board of
adjustment shall consider sewage treatment and water supply capabilities or constraints of
the lot and shall deny the variance if adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the same ownership, any individual lot
does not meet the requirements of Section 5.1 of this ordinance the lot must not be.
considered as a separate parcel of land for the purposes of sale or development. The lot
must be combined with the one or more contiguous lots so they equal one or more parcels
ofland, each meeting the requirements of Section 5.1 ofthis ordinance as much as
possible.
6.2 Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of Section 5.0 of this
ordinance. Any deviation from these requirements must be authorized by a variance
pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure not meeting the required
setback from the ordinary high water level if all of the following criteria and standards are
met:
(I) the structure existed on the date the structure setbacks were established;
(2) a thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure;
(3) the deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive; and
(4) the deck is constructed primarily of wood, and is not roofed or screened.
6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance
must be upgraded, at a minimum, at any time a permit or variance of any type is required
for any improvement on, or use of, the property. For the purposes ofthis provision, a
sewage treatment system shall not be considered nonconforming if the only deficiency is
the sewage treatment system's improper setback from the ordinary high water level. .
B. The governing body of (community name) has by formal
resolution notified the commissioner ofits program to identifY nonconforming sewage
treatment systems. The ( community name) will require
upgrading or replacement of any nonconforming system identified by this program within
a reasonable period oftime which will not exceed 2-years. Sewage systems installed
according to all applicable local shore land management standards adopted under
Minnesota Statutes, section 105.485, in effect at the time of installation may be considered
as conforming unless they are determined to be failing, except that systems using
cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less
soil treatment area separation above groundwater than required by the Minnesota
Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems,
shall be considered nonconforming.
SECTION 7.0 - SUBDIVISIONIPLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit developments
authorized under Section 8.0 of this ordinance, must be suitable in its natural state for the
proposed use with minimal alteration. Suitability analysis by the local unit of government shall
consider susceptibility to flooding, existence ofwetIands, soil and rock formations with severe
limitations for development, severe erosion potential, steep topography, inadequate water supply
or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant historic sites, or any other
feature of the natural land likely to be harmful to the health, safety, or welfare offuture residents
of the proposed subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls of this
community. A subdivision will not be approved where a later variance from one or more
standards in official controls would be needed to use the lots for their intended purpose. In areas
not served by publicly owned sewer and water systems, a subdivision will not be approved unless
domestic water supply is available and a sewage treatment system consistent with Sections 5.2
and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional
requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of
limiting factors sufficient for the construction of two standard soil treatment systems. Lots that
would require use of holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the applicant for the
community to make a determination of land suitability. The information shall include at least the
following:
(I) topographic contours at ten-foot intervals or less from United States Geological Survey
maps or more accurate sources, showing limiting site characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1,
to be shown on plats, obtained from United States Geological Survey quadrangle
topographic maps or more accurate sources;
(3) adequate soils information to determine suitability for building and on-site sewage
treatment capabilities for every lot from the most current existing sources or from field
investigations such as soil borings, percolation tests, or other methods;
(4) information regarding adequacy of domestic water supply; extent of anticipated vegetation
and topographic alterations; near-shore aquatic conditions, including depths, types of
bottom sediments, and aquatic vegetation; and proposed methods for controlling
stormwater runoff and erosion, both during and after construction activities;
(5) location of 100-year flood plain areas and floodway districts from existing adopted maps
or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and the "top" of
bluffs, and the minimum building setback distances from the top of the bluff and the lake
or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the
approval must provide easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less
in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No
permit for construction of buildings or sewage treatment systems shall be issued for lots created
after these official controls were enacted unless the lot was approved as part of a formal
subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public
waters or for recreational use areas for use by nomiparian lots within a subdivision must meet or
exceed the sizing criteria in Section 5.14 of this ordinance.
8.0 - PLANNED UNIT DEVELOPMENTS (PUD's)
8.1 Types ofPUD's Permissible
Planned unit developments (PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously buih sites, or conversions of existing buildings and land. The land
use districts in which they are an allowable use are identified in the land use district descriptions in
Section 4.2 of this ordinance and the official zoning map.
8.2 Processing ofPUD's
Planned unit developments must be processed as a conditional use, except that an expansion to an
existing commercial PUD involving 6 or less new dwelling units or sites since the date this
ordinance was adopted is permissible as a permitted use provided the total project density does
not exceed the allowable densities calculated in the project density evaluation procedures in
Section 8.5. Approval cannot occur until the environmental review process (EA W/EIS) is
complete.
8.3 Application for a PUD
The applicant for a PUD must submit the following documents prior to final action being taken on
the application request:
8.31 A site plan and/or plat for the project showing locations of property boundaries, surface
water features, existing and proposed structures and other facilities, land alterations, sewage
treatment and water supply systems (where public systems will not be provided), and topographic
contours at ten-foot intervals or less. When a PUD is a combined commercial and residential
development, the site plan and/or plat must indicate and distinguish which buildings and portions
of the project are residential, commercial, or a combination ofthe two.
8.32 A property owners association agreement (for residential PUD's) with mandatory
membership, and all in accordance with the requirements of Section 8.6 of this ordinance.
8.33 Deed restrictions, covenants, permanent easements or other instruments that: I) properly
address future vegetative and topographic alterations, construction of additional buildings,
beaching of watercraft, and construction of commercial buildings in residential PUD's; and 2)
ensure the long-term preservation and maintenance of open space in accordance with the criteria
and analysis specified in Section 8.6 of this ordinance.
8.34 When necessary, a master plan/drawing describing the project and the floor plan for all
commercial structures to be occupied.
8.35 Those additional documents as requested by the (designated
officiaVbody) that are necessary to explain how the PUD will be designed and will function.
8.4 Site "Suitable Area" Evaluation
Proposed new or expansions to existing planned unit developments must be evaluated using the
following procedures and standards to determine the suitable area for the dwelling unit/dwelling
site density evaluation in Section 8.5.
8.41 The project parcel must be divided into tiers by locating one or more lines approximately
parallel to a line that identifies the ordinary high water level at the following interVals, proceeding
landward:
Shoreland Tier Dimensions
Unsewered
( feet)
Sewered
(feet)
General development lakes-
first tier
General development lakes-
second and additional tiers
Recreational development lakes
Natural environment lakes
All river classes
200
200
267
267
400
300
200
267
320
300
8.42 The suitable area within each tier is next calculated by excluding from the tier area all
wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area
and the proposed project are then subjected to either the residential or commercial planned unit
development density evaluation steps to arrive at an allowable number of dwelling units or sites.
8.5 Residential and Commercial PUD Density Evaluation
The procedures for determining the "base" density of a PUD and density increase multipliers are
as follows. Allowable densities may be transferred from any tier to any other tier further from the
waterbody, but must not be transferred to any other tier closer.
8.51 Residential PUD "Base" Density Evaluation:
A. The suitable area within each tier is divided by the single residential lot size standard for
lakes or, for rivers, the single residential lot width standard times the tier depth, unless the
local unit of government has specified an alternative minimum lot size for rivers which
shall then be used to yield a base density of dwelling units or sites for each tier. Proposed
locations and numbers of dwelling units or sites for the residential planned unit
developments are then compared with the tier, density, and suitability analyses herein and
the design criteria in Section 8.6
8.52 Commercial PUD "Base" Density Evaluation:
A. Determine the average inside living area size of dwelling units or sites within each tier,
including both existing and proposed units and sites. Computation of inside living area
sizes need not include decks, patios, stoops, steps, garages, or porches and basements,
unless they are habitable space.
B. Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development
Floor Area Ratios*
Public waters classes
* Average
unit floor
area (sq.
ft.)
Sewered general
development
lakes; first
tier on
unsewered
general
development
lakes; urban,
agricuhural,
tributary
river
segments
Second and
additional tiers
on unsewered
general
development
lakes;
recreational
development Natural
lakes; environment
transition and lakes and
forested river
segments
remote river
segments
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
.040
.048
.056
.065
.072
.082
.091
.099
.108
.116
.125
.133
.142
.150
.020
.024
.028
.032
.038
.042
.046
.050
.054
.058
.064
.068
.072
.075
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.038
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For
areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use
the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a
ratio equal to the size of the manufactured home, or ifunknown, the ratio listed for 1,000 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area
for each tier allowed to be used for dwelling units or sites.
D. Divide the total floor area by tier computed in Item C. above by the average inside living
area size determined in Item A. above. This yields a base number of dwelling units and
sites for each tier.
E. Proposed locations and numbers of dwelling units or sites for the commercial planned unit
-
I
development are then compared with the tier, density and suitability analyses herein and
the design criteria in Section 8.6.
8.53 Density Increase Multipliers:
A. Increases to the dwelling unit or dwelling site base densities previously determined are
allowable if the dimensional standards in Section 5.0 are met or exceeded and the design
criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will
only be allowed if structure setbacks from the ordinary high water level are increased to at
least 50 percent greater than the minimum setback, or the impact on the waterbody is
reduced an equivalent amount through vegetative management, topography, or additional
means acceptable to the local unit of government and the setback is at least 25 percent
greater than the minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or
Commercial Planned Unit Developments:
Density evaluation tiers
Maximum density increase
within each tier (percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before final approval of a planned unit development, adequate provisions must be
developed for preservation and maintenance in perpetuity of open spaces and for the
continued existence and functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent easements, public
dedication and acceptance, or other equally effective and permanent means must be
provided to ensure long-term preservation and maintenance of open space. The
instruments must include all of the following protections:
(1) commercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alterations other than routine maintenance
prohibited;
(3) construction of additional buildings or storage of vehicles and other materials
prolubited; and
(4) uncontrolled beaching of watercraft prohibited.
c. Development organization and functioning. Unless an equally effective alternative
community framework is established, when applicable, all residential planned unit
developments must use an owners association with the following features:
(I) membership must be mandatory for each dwelling unit or site purchaser and any
successive purchasers;
(2) each member must pay a pro rata share of the association's expenses, and unpaid
assessments can become liens on units or sites;
(3) assessments must be adjustable to accommodate changing conditions; and
(4) the association must be responsible for insurance, taxes, and maintenance of all
commonly owned property and facilities.
8.62 Open Space Requirements. Planned unit developments must contain open space meeting all
ofthe following criteria:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
at least 50 percent of the total project area must be preserved as open space;
dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water-oriented accessory structures or
facilities, are developed areas and shall not be included in the computation of
minimum open space;
open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites or
unplatted cemeteries;
open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commerical dwelling units or sites, and
by the general public;
open space may include subsurface sewage treatment systems if the use of the
space is restricted to avoid adverse impacts on the systems;
open space must not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
..~
the appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means; and
the shore impact zone, based on normal structure setbacks, must be included as
open space. For residential PUD's, at least 50 percent of the shore impact zone
area of existing developments or at least 70 percent of the shore impact zone area
of new developments must be preserved in its natural or existing state. For
commercial PUD's, at least 50 percent of the shore impact zone must be preserved
in its natural state.
8.63 Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PUD must:
(1) be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This must be accomplished
by limiting the amount and length of time of bare ground exposure. Temporary
ground covers, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques must be used to minimize erosion impacts on surface water
features. Erosion control plans approved by a soil and water conservation district
may be required if project size and site physical characteristics warrant; and
(2) be designed and constructed to effectively manage reasonably expected quantities
and qualities of stormwater runoff. Impervious surface coverage within any tier
must not exceed 25 percent of the tier area, except that for commercial PUD's 35
percent impervious surface coverage may be allowed in the first tier of general
development lakes with an approved stormwater management plan and consistency
with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design of facilities and structures
must be done according to the following standards:
(I) planned unit developments must be connected to publicly owned water supply and
sewer systems, if available. On-site water supply and sewage treatment systems
must be centralized and designed and installed to meet or exceed applicable
standards or rules of the Minnesota Department of Health and Sections 5.2 and 5.8
of this ordinance. On-site sewage treatment systems must be located on the most
suitable areas of the development, and sufficient lawn area free oflitniting factors
must be provided for a replacement soil treatment system for each sewage system;
(2) dwelling units or sites must be clustered into one or more groups and located on
suitable areas of the development. They must be designed and located to meet or
exceed the following dimensional standards for the relevant shoreland .
classification: setback from the ordinary high water level, elevation above the
surface water features, and maximum height. Setbacks from the ordinary high
water level must be increased in accordance with Section 8.53 of this ordinance for
developments with density increases;
(3) shore recreation facilities, including but not litnited to swimming areas, docks, and
watercraft mooring areas and launching ramps, must be centralized and located in
areas suitable for them. Evaluation of suitability must include consideration of
land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or
other relevant factors. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for each allowable
dwelling unit or site in the first tier (notwithstanding existing mooring sites in an
existing commercially used harbor). Launching ramp facilities, including a small
dock for loading and unloading equipment, may be provided for use by occupants
of dwelling units or sites located in other tiers;
(4) structures, parking areas, and other facilities must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color, or other means acceptable to the local unit of
government, assuming summer, leaf-on conditions. Vegetative and topographic
screening must be preserved, if existing, or may be required to be provided;
(5) accessory structures and facilities, except water oriented accessory structures,
must meet the required principal structure setback and must be centralized; and
(6) water-oriented accessory structures and facilities may be allowed if they meet or
exceed design standards contained in Section 5.2 of this ordinance and are
centralized.
8.7 Conversions
Local governments may allow existing resorts or other land uses and facilities to be converted to
residential planned unit developments if all of the following standards are met:
8.71 Proposed conversions must be initially evaluated using the same procedures for residential
planned unit developments involving all new construction. Inconsistencies between existing
features ofthe development and these standards must be identified.
8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious
coverage, open space, and shore recreation facilities must be corrected as part of the conversion
or as specified in the conditional use permit.
8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements
made as part of the conversion. These improvements must include, where applicable, the
following:
(1) removal of extraneous buildings, docks, or other facilities that no longer need to be
located in shore or bluff impact zones;
(2) remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water; and
(3) if existing dwelling units are located in shore or bluff impact zones, conditions are
attached to approvals of conversions that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations, meeting all setback
and elevation requirements when they are rebuilt or replaced.
8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be
allowed to continue but must not be allowed to be increased, either at the time of conversion or in
the future. Efforts must be made during the conversion to limit impacts of high densities by
requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means.
APPENDIX A
CONSIDERATIONS FOR TOWNSHIP ZONING
Townships may adopt shoreland management controls under authority of Minnesota Statutes,
section 394.33, subdivision 1, if the controls are not inconsistent with or less restrictive than the
controls adopted by the county in which the township is located. This must be accomplished in
accordance with the following conditions:
-For the purposes of Minnesota Regulations, Parts 6120.2500 to 6120.3900, shoreland
management controls adopted by townships will only be considered to be consistent with
county controls if they cover the same full range of shoreland management provisions
covered by the county controls, contain dimensional standards at least as restrictive as
those in the county controls, and do not allow land uses in particular areas that are not
allowed under the county's official controls.
-The township must demonstrate to the county board that their proposed ordinance and
administration is at least as restrictive as the county's prior to final adoption by the
township. This will include, at a minimum, that the township has the staff necessary to
administer the ordinance, has sufficient building permit application and certification forms
and procedures, and an enforcement mechanism to enforce the ordinance:8hould violations
occur.
-Townships must provide for administration and enforcement of shoreland management
controls at least as effective as county implementation. Townships that adopt shoreland
controls must provide the notifications in Section 3.4 of the sample ordinance to the
Commissioner or the Commissioner's designee and to the zoning official of the county.
-After adequate shoreland management controls are adopted by a township, property
owners must only obtain necessary permits and approvals as required in the township
shoreland management controls. Property owners do not have to obtain similar permits or
approvals under the county's shoreland controls.
The Commissioner of the Department of Natural Resources must also approve a township's
shore land ordinance. The DNR and the respective county should work together to make a joint
determination as to whether the township's ordinance is in compliance with state and county
standards.
L
APPENDIX B
ORDINANCE CERTIFICATION CHECKLIST
[CITY/COUNTY NAME]
Once all the below listed tasks are completed, please sign and return the checklist and all required
documents to the appropriate DNR area hydrologist.
Date of published hearing notice.
1.
2. Date of postmark of hearing notice to commissioner of the Department of
Natural Resources/area hydrologist.
Date ofhearing(s).
3.
Date of ordinance adoption.
4.
5. Ifordinance is published in entirety, date and affidavit of newspaper
publication of adopted ordinance (Include three copies of ordinance).
6. If only ordinance summary published, date and affidavit of newspaper
publication of ordinance title and summary along with certified copy of adopted ordinance in its
entirety from clerk/auditor. (Include three copies of ordinance)
(
Date of official filing of adopted ordinance with county recorder
record book number
page number).
7.
8. Yes No Board of adjustment and appeals has been established?
*Note: Cities under charter must also submit a list of any additional requirements for hearings,
notices, etc. stated in their charter. Please specify:
Signature of Clerk/Auditor
t.- ,rr
SMO-260.081
DRAFT
~rtd t:llsJl1d
CITY OF CENTERVILLE
SHORELAND ORDINANCE
Adopted
terville
Established 1857
.1998
26Q-081-l0
DRAFT
Revised July 23, 1998
r
SAMPLE SHORELAND MANAGEMENT ORDINANCE
TABLE OF CONTENTS
SECTION
PAGE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICy.......................... 1
1.1 Statutory Authorization..... .... ......... .....,......... ......... ............. 1
1.2 Policy... ........ ................ .... .......... ........... .................. ...... 1
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS............................. 1
2.1 Jurisdiction ................................... ................................... 1
2.2 Compliance....................... ......... ................ ......... ............ 1
2.3 Enforcement..... ...... ......... ........................ ........................ 2
2.4 Interpretation ....................................................... ...... ......2
2.5 Severability ..... ................ .......................................... ...... 2
2.6 Abrogation and Greater Restrictions....................................... 2
2.7 DefInitions ........ ................... ..................... ...................... 2
SECTION 3.0 - ADMINISTRATION................................................................ 8
3.1 Permits Required ..... ........ ............ ........... ......................... 8
3.2 CertifIcates of Zoning Compliance.... ................. .............. ..... 8
3.3 Variances ....................................................................... 8
3.4 NotifIcations to DNR ....................................................... 8
SECTION 4.0 - SHORELAND CLASSIFICATIONS AND LAND USE DISTRICTS..... 9
4.1 Shoreland ClassifIcation System ....................... ..................... 9
4.2 Land Use District Descriptions .................................:........ ..10
SECTION 5.0 - ZONING AND WATERSUPPLYISANITARY PROVISIONS........... 15
,
5.1 Lot Area and Width Standards............................................. 15
5.2 Placement, Design, and Height of Structures ......................... 18
5.3 Shoreland Alterations .......... ........... ....................... ........... 22
5.4 Placement and Design of Roads, Driveways,
and Parking Areas .......................................................25
5.5 Stormwater Management.... ....................... ........................ .25
5.6 Special Provisions for Commercial, Industrial, Publici
Semipublic, Agricultural, Forestry and Extractive Uses
and Mining of Metallic Minerals and Peat.......................... 26
5.7 Conditional Uses............. ....................... ..........................28
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5.8 Water Supply and Sewage Treatment.....................................29
SECTION 6.0 - NONCONFORMITIES ............................................................ 30
6.1 Construction on Nonconfonning Lots of Record.......... ... ..........30
6.2 Additions/Expansions to Nonconforming Structures...........:.......31
6.3 Nonconfonning Sewage Treatment Systems............................ 31
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS ...................................32
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS .........................................33
8.1 Types ofPUD's Permissible ...............................................33
8.2 Processing of PUD.s............. ................. .............. .... .........33
8.3 Application for a PUD ......................................................33
8.4 Site "Suitable Area" Evaluation..... ......... .................... .........34
8.5 Residential and Commercial PUD Density Evaluation ... ... ......... .35
8.6 Maintenance and Design Criteria............. ....... ..... .................37
8.7 Conversions............... ....................................... .............40
APPENDICES
APPENDIX A - ORDINANCE CERTIFICATION CHECKLIST
SMO-260.081
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SAMPLE SHORELAND MANAGEMENT ORDINANCE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
1.1 Statutory Authorization
This shoreland ordinance is adopted pursuant to the authorization and policies contained
in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes,
Chapter 394 (for counties) or Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of the City of CenterviIle, Minnesota affects the public
health, safety and general welfare not only by contributing to pollution of public waters,
but also by impairing the local tax base. Therefore, it is in the best interests of the public
health, safety and welfare to provide for the wise subdivision, use and development of
shorelands of public waters. The Legislature of Minnesota has delegated responsibility to
local govermnents of the state to regulate the subdivision, use and development of t1ie
shorelands of public waters and thus preserve and enhance the quality of surface waters,
conserve the economic and natural environmental values of shorelands, and provide for the
wise use of waters and related land resources. Tbis responsibility is hereby recognized by
the City of CenterviIle.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINTIIONS
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shorelands of the public water bodies
as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts
6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in
municipalities or 25 acres in size in unincorporated areas need be regulated in a local
government's shoreland regulations. A body of water created by a private user where
there was no previous shoreland may, at the discretion of, the governing body, be exempt
from this ordinance.
2.2 Compliance
The use of any shoreland of public waters; the size and shape of lots; the use, size, type
and location of structures on lots; the installation and maintenance of water supply and
waste treatment systems, the grading and fIlling of any shoreland area; the cutting of
shoreland vegetation; and the s"1xliv;.;",, of 10"4 ~h:lJ.lll~ ill. fil11 rnmp1i.ncp. with the terms
of this ordinance and other applicable regulations.
?--
i~'1' .
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,
2.3 Enforcement
The City of Centerville is responsible for the administration and enforcement of this
ordinance. Any violation of the provisions of this ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor and
shall be punishable as defined by law. Violations of this ordinance can occur regardless
of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of
this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the goveining body and
shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
2.7 Definitions
Unless specifically defmed below, words or phrases used in. this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as
to give this ordinance its most reasonable application. For the purpose of this ordinance,
the words "must" and "shall" are mandatory and not permissive. All distances, unless
otherwise specified, shall be measured horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any
building or improvement subordinate to a principal use which, because of the
nature of its use, can reasonably be located at or greater than normal structure
setbacks.
2.712 Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment
having the following characteristics (an area with an average slope of less than 18
percent over a distance for 50 feet or more shall not be considered part of the
bluff):
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(1) Part or all of the feature is located in a shore land area;
(2) The slope rises at least 25 feet above the ordinary high water level of the
waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25' feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20
feet from the top of a bluff.
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage
of boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary
high water level at the required setback beyond which a structure may not extend.
2.716 Commercial planned unit developments. "Commercial planned unit developments"
are typically uses that provide transient, short-term lodging spaces, roorus, or
parcels and their operations are essentially service-oriented. For example,
hotel/motel accommodations, resorts, recreational vehicle and camping parks, and
other primarily service-oriented activities are commercial planned unit
developments.
2.717 Commercial use. "Commercial use" meaus the principal use of land or buildings
for the sale, lease, rental, or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department of
Natural Resources.
2.719 Conditional use. "Conditional use" means a land use or development as defined
by ordinance that would not be appropriate generally butmay be allowed with
appropriate restrictions as provided by official controls upon a fmding that certain
conditious as detailed in the zoning ordinance exist, the use or development
conforms to the comprehensive land use plan of the community, and the use is
compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or functionally related to a
principal use or site and at any point extending more than three feet above ground.
2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling
strucrnre on a single lot, having two, three, and four units, respectively, being
attached by common walls and each unit equipped with separate sleeping, cooking,
eating, living, and sanitation facilities.
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2.722 Dwelling site. "Dwelling site" means a designated location for residential use by
one or more persons using temporary or movable shelter, including camping and
recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or
other shelter designed as short- or long-term living quarters for one or more
persons, including rental or timeshare accommodations such as motel, hotel, and
resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface
removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and
peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of
forested lands to prepare for a new land use other than reestablishment of a
subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may
contain sleeping spaces and kitchen and bathroom facilities in addition to those
provided in the primary dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is defIned in Minnesota
Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.728 Height of building. "Height of building" means the vertical distance between the
highest adjoining ground level at the building or ten feet above the lowest ground
level, whichever is lower, and the highest point of a flat roof or average height of
the highest gable of a pitched or hipped roof.
2.729 Industrial use. "Industrial use" means the use of land or buildings for the
production, manufacture, warehousing, storage, or transfer of goods, products,
commodities, or other wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete
removal of trees or shrubs in a contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel ofland designated by plat, metes and bounds, registered
land survey, auditors plot, or other accepted means and separated from other
parcels or portions by said description for the purpose of sale, lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at
the midpoint of the building line.
2. 733 Nonconformity. "Nonconformity" means any legal use, structure or parcel of land
already in existence, recorded, or authorized before the adoption of official controls
or amendments thereto that would not have been permitted to become established
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under the terms of the official controls as now written, if the official controls had
been in effect prior to the date it was established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of
public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For watercourses, the
ordinary high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the operating elevation of
the normal summer pool.
2.735 Planned unit development. "Planned unit development" means a type of
development characterized by a unified site design for a number of dwelling units
or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually
involving clustering of these units or sites to provide areas of common open space,
density increases, and a mix of structure types and land uses. These developments
may be organized and operated as condominiums, time-share condominiums,
cooperatives, full fee ownership, commercial enterprises, or any combination of
these, or cluster subdivisions of dwelling units, residential condominiums,
townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts,
hotels, motels, and conversions of structures and land uses to these uses. .
2.736 Public waters. "Public waters" means any waters as defined in Minnesota Statutes,
section 103G.005, subdivisions 15 and 15a.
2.737 Residential planned unit development. "Residential planned unit development"
means a use where the nature of residency is non-transient and the major or
primary focus of the development is not service-oriented. For example, residential
apartments, manufactured home parks, time-share condominiums, townhouses,
cooperatives, and full fee ownership residences would be considered as residential
planned unit developments. To qualify as a residential planned unit development,
a development must contain at least five dwelling units or sites.
2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit
organization to provide a public service that is otdinarily open to some persons
outside the regular constituency of the organization.
2.739 Sensitive resource management. "Sensitive resource management" means the
preservation and management of areas unsuitable for development in their natural
state due to constraints such as shallow soils over groundwater or bedrock, highly
erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence
of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a structure,
sewage treatment system, or other facility and an ordinary high water level, sewage
treatment system, top of a bluff, road, highway, property line, or other facility.
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2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as
described and regulated in Section 5.8 of this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping'stations, and
force main, and all other construction, devices, appliances, or appurtenances used
for conducting sewage or industrial waste or other wastes to a point of ultimate
disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary
high water level of a public water and a line parallel to it at a setback of 50 percent
of the structure setback.
2.744 Shoreland. "Shoreland" means land located within the following distances from
public waters: 1,000 feet from the ordinary high water level of a lake, pond, or
flowage; and 50 feet from a river or stream, or the landward extent of a floodplain
designated by ordinance on a river or stream, whichever is greater. The limits of
shorelands may be reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters for lesser distances and
when approved by the commissioner.
2.745 Significant historic site. "Significant historic site means any archaeological site,
standing structure, or other property that meets the criteria for eligibility to the
National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplatted cemetery that falls under the provisions
of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is
presently listed on either register or if it is determined to meet the qualifications for
listing after review by the Minnesota state archaeologist or the director of the
Minnesota Historical Society. All unplatted cemeteries are automatically
considered to be significant historic sites.
2.746 Steep slope. "Steep slope" means land where agricultural activity or development
is either not recommended or described as poorly suited due to slope steepness and
the site's soil characteristics, as mapped and described in available county soil
surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provisions of this
ordinance. Where specific information is not available, steep slopes are lands
having average slopes over 12 percent, as measured over horizontal distances of
50 feet or more, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance, including decks, .
except aerial or underground utility lines, such as sewer, electric, telephone,
telegraph, gas lines, towers, poles, and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent,
or lease, including plarmed unit developments.
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2.749 Surface water-oriented commercial use. "Surface water-oriented commercial use"
means the use of land for commercial purposes, where access to and use of a
surface water feature is an integral part of the normal conductance of business.
Marinas, resorts, and restaurants with transient docking facilities are examples of
such use. .
2.750 Toe of the bluff. "Toe of the bluff" means the lower point of a 50-foot segment
with an average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff" means the higher point of a 50-foot segment
with an average slope exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defined or described in
Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.753 Water-oriented accessory structure or facility. "Water-oriented accessory structure
or facility" means a small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which, because of the relationship
of its use to a surface water feature, reasonably needs to be located closer to public
waters than the normal structure setback. Examples of such structures and facilities
include boathouses, gazebos, screen houses, fish houses, pump houses, and
detached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the
United States Fish and Wildlife Service Circular No. 39 (1971 edition).
~
SECTION 3.0 - ADMINISTRATION
3.1 Permits Required
3.11
V\
~
.;S
3.12
~"
I ~
SMO-260.081
A permit is required for the construction of buildings or building additions (and
including such related activities as construction of decks and signs), the installation
andlor alteration of sewage treatment systems, and those grading and filling
activities not exempted by Section 5.3 of this ordinance. Application for a permit
shall be made to the City of Centerville Building Inspector on the forms
provided. The application shall include the necessary information so that the City
of Centerville Building Inspector can determine the site's suitability for the
intended use and that a compliant sewage treatment system will be provided.
A permit authorizing an addition to an existing structure shall stipulate that an
identified nonconforming sewage treatment system, as defmed by Section 5.8, shall
be reconstructed or replaced in accordance with the provisions of this ordinance.
PJ' 57YudV.Ld. ~. ~
jlf11- (!tfY/ mf]/l~ uar1 bL~/;A~;
f),//Ifl/1/ 1/t1lVl 'dIJ1~//2?) /t/ft:;l/L tfiLL/
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3.2 Certificate of Zoning Compliance
The Building Inspector shall issue a certificate of zoning compliance for each activity
requiring a permit as specified in Section 3.1 of this ordinance. This certificate will
specify that the use of land conforms to the requirements of this ordinance. Any use,
arrangement, or construction at variance with that authorized by permit shan be deemed
a violation of this ordinance and shall be punishable as provided in Section 2.3 of this
ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394
(for counties) or 462 (for municipalities), as applicable. A variance may not
circumvent the general purposes and intent of this ordinance. No variance may be
granted that would allow any use that is prohibited in the zoning district in which
the subject property is located. Conditions may be imposed in the granting of a
variance to ensure compliance and to protect adjacent properties and the public
interest. In considering a variance request, the board of adjustment must also
consider whether the property owner has reasonable use of the land without the
variance, whether the property is used seasonally or year-round, whether the
variance is being requested solely on the basis of economic considerations, and the
characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance
with the rules that it has adopted for the conduct of business. When a variance is
approved after the Department of Natural Resources has formally recommended
denial in the hearing record, the notification of the approved variance required in
Section 3.42 below shall also include the board of adjustment's summary of the
public record/testimony and the findings of facts and conclusions which supported
the issuance of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of
the property. The variance, if issued, must require reconstruction of a
nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked at
least ten days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat.
3.42. A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shore land management controls
must be sent to the commissioner or the commissioner's designated representative
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DRAFT
Revised July 23, 1998
and postmarked within ten days of fInal action.
SECTION 4.0 - SHORELAND CLASSIF1CATION SYSTEM AND LAND USE DISTRICTS
4.1 Shoreland Classification System
The public waters of the City of Centerville have been classifIed below consistent with the
criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters
Inventory Map for Anoka County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as
defmed in section 2.744 and as shown on the Official Zoning Map.
4.12 Lakes
A. Natural Environment Lakes
Peltier Lake
Protected Waters
Inventory I.D.#
4P
B.
Recreational Development Lakes
Centerville Lake
Protected Waters
Inventory I.D.#
6P
C.
General Development Lakes
None
Protected Waters
Inventory I.D.#
4.13 Rivers and Streams
A. Remote Rivers None
B. Forested Rivers None
C. Transition Rivers None
D. Agricultural Rivers NOlle
E. Urban Rivers NOlle
F. Tributary Streams *
Clearwater Creek See map
* All protected watercourses in the City of Centerville shown on the
Protected Waters Inventory Map for Anoka County, a copy of which is
hereby adopted by reference, not given a classifIcation in Items A-E above
shall be considered "Tributary" .
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4.2 Land Use District Descriptions
4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation
of a land use district's boundaries on the Official Zoning Map, must be consistent
with the goals, policies, and objectives of the comprehensive land use plan (when
available) and the following criteria, considerations, and objectives: .
A. General Considerations and Criteria for All Land Uses:
(1) preservation of natural areas;
(2) present ownership and development of shoreland areas;
(3) shoreland soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in-water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve water
and related land resources;
(10) the land requirements of industry which, by its nature, requires
location in shoreland areas; and
(11) the necessity to preserve and restore certain areas having significant
historical or ecological value.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use of the surface wates and likely increases in
use associated with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
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4.22 Land Use District Descriptions. The land use districts provided below, and the
allowable land uses therein for the given classifications of waterbodies, shall be
properly delineated on the Official Zoning Map for the shorelands of this
community. These land use districts are in conformance with the criteria specified
in Minnesota Regulation, Part 6120.3200, Subp. 3:
(Note: Include either the following tables of land use districts by classification, modified tables
meeting state standards or a reference to an existing ordinance with land use descriptions meeting
state standards.)
A. Land Use Districts For Lakes (P = permitted, C = conditional)
General Recreational Natural
Development Development Environment
Lakes Lakes Lakes
(Centerville Lake) (peltier Lake)
(1) Special Protection District - Uses
-Forest management P P P
-Sensitive resource
management P P P
-Agricultural: cropland and
pasture P P P
-Agricultural feedlots C C C
-Parks and historic sites C C C
-Extractive nse C C C
-Single residential C C C
-Mining of metallic minerals
and peat P P P
(2) Residential District - Uses
-Single residential P P P
-Semipublic C C C
-Parks & historic sites C C C
-Extractive use C , C C
-Duplex, triplex, quad
residential P P C
-Forest management P P P
-Mining of metallic minerals
and peat P P P
(3) High Density Residential District - Uses
-Residential planned unit .
developments C C C
-Single residential P P P
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Revised July 23, 1998
-Surface water oriented
commercial* C C C
-Semipublic C C C
-Parks & historic sites C C C
-Duplex, triplex, quad
residential P P P
-Forest management P P P
(4) Water Oriented Commercial District - Uses
-Surface water-oriented
- commercial P P C
-Commercial planned unit
development** C C C
-Public, semipublic C C C
-Parks & historic sites C C C
-Forest management P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six
additional dwelling units or sites may be allowed as a permitted use provided the
provisions of Section 8.0 of this ordinance are satisfied.
(5) General Use District - Uses
-Commercial P P C
-Commercial planned unit
development** C C C
-Industrial C C N
-Public, semipublic P P C
-Extractive use C C C
-Parks & historic sites C C C
-Forest management P P P
-Mining of metallic
minerals and peat P P P
B. Land Use Districts for Rivers and Streams
Re-
mote
For- Trans- Agri- Ur-
ested ition cultural ban
Tribu-
tary
(Clearwater Creek)
(1) Special Protection District - Uses
-Forest management P P P P P P
-Sensitive resource
. management P P P P P P
-Agricultural: cropland
and pasture P P P P P P
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-Agricultural feedlots C C C C C C
-Parks and historic sites C C C C C C
-Extractive use C C C C C C
-Single residential C C C C .C C
-Mining of metallic
minerals and peat P P P P P P
(2) Residential District - Uses
-Single residential P P P P P P
-Semipublic C C C C C P
-Parks and historic sites C C C C C P
-Extractive use C C C C C C
-Duplex, triplex, quad
residential C C C C p C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional
dwelling units or sites may be allowed as a permitted use provided the provisions of Section
8.0 of this ordinance are satisfied.
(3) High Density Residential- Uses
-Residential planned
unit developments C C C C C C
-Single residential P P P P P P
-Surface water oriented
commercial * C C C C C C
-Semipublic C C C C C C
-Parks and historic sites C C C C C C
-Duplex, triplex, quad
residential P P P P P P
-Forest management P P l? P P P
(4) Water-oriented Commercial- Uses
-Surface water-oriented
commercial C C C C C C
-Commercial planned
unit development* C C C C C C
-Public, semipublic C C C P P P
-Parks and historic sites C C C C C C
-Forest management P P P P P P
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(5) General Use District - Uses
-Commerical C C C C P C
-Commercial planned
unit development** C C C C C C
-Industrial N C N N C C
-Public, semipublic C C C C P C
-Extractive use C C C C C C
-Parks and historic sites C C C C C C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional
dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0
of this ordinance are satisfied.
4.23 Use and Upgrading of Inconsistent Land Use Districts.
A. The land use districts adopted in Ordinance Number _, Section_,
as they apply to shoreland areas, and their delineated boundaries on the
Official Zoning Map, are not consistent with the land use district
designation criteria specified in Section 4.22 herein. These inconsistent
land use district designations may continue until revisions are proposed to
change either the land use district designation within an existing land use
district boundary shown on the Official Zoning Map or to modify the
boundary of an existing land use district shown on the Official Zoning Map.
B. When a revision is proposed to an inconsistent land use district provision,
the following additional criteria and procedures shall apply:
(1) For Lakes. When a revision to a land use district designation on a
lake is considered, the land use district boundaries and use
provisions therein for all the shoreland areas within the jurisdiction
of this ordinance on said lake must be revised to make them
substantially compatible with the framework in Sections 4.21 and
4.22 of this ordinance.
(2) For Rivers and Streams. When a revision to a land use district
designation on a river or stream is proposed, the land use district
boundaries and the use provisions therein for all shoreland on both
sides of the river or stream within the same classification within the
jurisdiction of this ordinance must be revised to make them
substantially compatible with the framework in Sections 4.21 arid
4.22 of this ordinance. If the same river classification is contiguous
for more than a five-mile segment, only the shoreland for a distance
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of 2.5 miles upstream and downstream, or to the class boundary if
closer, need be evaluated and revised.
C. When an interpretation question arises about whether a specific land use fits
within a given "use" category, the interpretation shall be made by the Board
of Adjustment. When a question arises as to whether a land.use district's
boundaries are properly delineated on the Official Zoning Map, this
decision shall be made by the City of Centerville.
D. When a revision is proposed to an inconsistent land use district provision
by an individual party or landowner, this individual party or landowner will
only be responsible to provide the supporting and/or substantiating
information for the specific parcel in question. The City of Centervillewill
direct the Building Inspector to provide such additional information for
this waterbody as is necessary to satisfy Items A and B.
E. The City of Centerville must make a detailed finding of fact and conclusion
when taking fmal action that this revision, and the upgrading of any
inconsistent land use district designations on said waterbody, are consistent
with the enumerated criteria and use provisions of Section 4.2.
SECTION 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and
quad residential lots created after the date of enactment of this ordinance for the lake and
river/stream classifications are the following:
5.11 Unsewered Lakes
A. No new construction will be allowed within the shoreland zones without
sewer systems.
5.12 Sewered Lakes:
A. Natural Environment (peltier Lake):
Riparian
Area
Lots
Width
Nonriparian
Area
Lots
Width
Single
11,500
80
11,500
80
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B. Recreational Development (Centerville Lake):
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 11,500 80 11,500 80.
C. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 11,500 80 11,500 80
5.13 River/Stream Lot Width Standards. There is no minimum lot size requirements for
rivers and streams. The lot width standards for single, duplex, triplex, and quad
residential developments for the six river/stream classifications are:
Re- For- Trans- Agri- Urban &
mote ested ition cultural Tributary
No Sewer Sewer
Single 80 80 80 80 80 80
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities exceeding those in the
tables in Sections 5.12 and 5.13 can only be allowed if designed and
approved as residential planned unit developments under Section 8.0 of this
ordinance. Only land above the ordinary high water level of public waters
can be used to meet lot area standards, and lot width standards must be met
at both the ordinary high water level and at the building line. The sewer lot
area dimensions in Section 5.12 can only be used if publicly owned sewer
system service is available to the property.
B. Subdivisions of duplexes, triplexes, and lluads on Natural Enviromnent
Lakes must also meet the following standards:
(1) each building must be set back at least 50 feet from the ordinary
high water level;
(2) each building must be connected to the City sewer system;
(3) watercraft docking facilities for each lot must be centralized in one
location and serve all dweIling units in the building; and
(4) no more than 25 percent of a lake's shoreline can be in duplex,
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triplex, or quad developments.
C. One guest cottage may be allowed on lots meeting or exceeding the duplex
lot area and width dimensions presented in Sections 5.11-5.13, provided the
following standards are met:
(1) for lots exceeding the minimum lot dimensions of duplex lots, the
guest cottage must be located within the smallest duplex-sized lot
that could be created including the principal dwelling unit;
(2) a guest cottage must not cover more than 700 square feet of land
surface and must not exceed 15 feet in height; and
(3) a guest cottage must be located or designed to reduce its visibility
as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer leaf-on
conditions.
D. Lots intended as controlled accesses to public waters or as recreation areas
for use by owners of nonriparian lots within subdivisions are permissible
and must meet or exceed the following standards:
(1) they must meet the width and size requirements for residential lots,
and be suitable for the intended uses of controlled access lots.
(2) If docking, mooring, or over-water storage of more" than six (6)
watercraft is to be allowed at a controlled access lot, then the width
of the lot (keeping the same lot depth) must be increased by the
percent of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size
to shore length
(acres/mile)
Required increase
in frontage
(plfrcent)
Less than 100
100-200
201-300
301-400
Greater than 400
25
20
15
10
5
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(3) they must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the access
lot; and
(4) covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring,
or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of
the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the insignificant conflict
activities include swimming, sunbathing, or picnicking. The
covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water, and must
require centralization of all common facilities and activities in the
most suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures
exist on the adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the adjoining setbacks
from the ordinary high water level, provided the proposed building site is not
located in a shore impact zone or in a bluff impact zone. Structures shall be located
as follows.
A. Structure Setbacks (in feet) from Ordinary High Water Level*.
Setbacks*
Classes of
Public Waters
Structures
Unsewered Sewered
Lakes
Natural Environment
Recreational Development
General Development
50
50
50
50
50
50
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Rivers
Remote 50
Forested and Transition 50
Agriculture, Urban, and Tributary 50
so
SO
SO
*One water-oriented accessory structure designed in accordance with
Section 5.22 of this ordinance may be set back a minimum distance of ten
(10) feet from the ordinary high water level.
** Distance between structures and 1;>roDertv line. not OHW.
B. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the waterbody:
Setback From:
Setback (in feet)
(1)
top of bluff;
30
(2)
unplatted cemetery;
50
(3)
right-of-way line of
federal, state, or
county highway; and
50
(4)
right-of-way line of
town road, public street,
or other roads or streets
not classified.
20
C. Bluff Impact Zones. Structures and accessory facilities, except stairways
and landings, must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Uses without water-oriented needs
must be located on lots or parcels without public waters frontage, or, if
located on lots or parcels with public waters frontage, must either be set
back double the normal ordinary high wate, level setback or be substantially
screened from view from the water by vegetation or topography, assuming
summer, leaf-on conditions.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in accordance with any
floodplain regulations applicable to the site. Where these controls do not
exist, the elevation to which the lowest floor, including basement, is placed
or flood-proofed must be determined as follows:
(1) for lakes, by placing the lowest floor at a level at least three feet
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DRAFT
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above the highest known water level, or three feet above the
ordinary high water level, whichever is higher;
(2) for rivers and streams, by placing the lowest floor at least three feet
above the flood of record, if data are available. If data are not
available, by placing the lowest floor at least three feet above the
ordinary high water level, or by conducting a technical evaluation
to determine effects of proposed construction upon flood stages and
flood flows and to establish a flood protection elevation. Under all
three approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with parts 6120.5000 to
6120.6200 governing the management of flood plain areas. If more
than one approach is used, the highest flood protection elevation
determined must be used for placing structures and other facilities;
and
(3) water-oriented accessory structures may have the lowest floor placed
lower than the elevation determined in this item if the structure is
constructed of flood-resistant materials to the elevation, electrical
and mechanical equipment is placed above the elevation and, if long
duration flooding is anticipated, the structure is built to withstand
ice action and wind-driven waves and debris.
B. Water-oriented Accessory Structures.' Each lot may have one
water -oriented accessory structure not meeting the normal structure setback
in Section 5.21 of this ordinance if this water-oriented accessory structure
complies with the following provisions:
(1) the structure or facility must not exceed ten feet in height, exclusive
of safety rails, and cannot occupy an area greater than 250 square
feet. Detached decks must not exceed eight feet above grade at any
point;
(2) the setback of the structure or facility from the ordinary high water
level must be at least ten feet;
,
(3) the structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions;
(4) the roof may be used as a deck with safety rails, but must not be
enclosed or used as a storage area;
(5) the structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities; and
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(6) as an alternative for general development and recreational
development waterbodies, water-oriented accessory structures used
solely for watercraft storage, and including storage of related
boating and water-oriented sporting equipment, may occupy an area
up to 400 square feet provided the maximum width of. the structure
is 20 feet as measured parallel to the configuration of the shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and
down bluffs and steep slopes to shore areas. Stairways and lifts must meet
the following design requirements:
(1) stairways and lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties,
public open-space recreational properties, and planned unit
developments;
(2) landings for stairways and lifts on residential lots must not exceed
32 square feet in area. Landings larger than 32 square feet may be
used for commercial properties, public open-space recreational
properties, and planned unit developments;
(3) canopies or roofs are not allowed 'on stairways, lifts, or landings;
(4) stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided they
are designed and built in a manner that ensures control of soil
erosion;
(5) stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the
public water assuming summer, leaf-on conditions, whenever
practical; and
(6) facilities such as ramps, lifts, or, mobility paths for physically
handicapped persons are also allowed for achieving access to shore
areas, provided that the dimensional and performance standards of
subiterns (1) to (5) are complied with in addition to the requirements
of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant
historic site in a manner that affects the values of the site unless adequate
information about the site has been removed and documented in a public
repository .
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E. Steep Slopes. The City of Centerville Building Inspector must evaluate
possible soil erosion impacts and development visibility from public waters
before issuiog a permit for construction of sewage treatment systems, roads,
driveways, structures, or other improvements on steep slopes. When
determined necessary, conditions must be attached to issued permits to
prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
5.23 Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into public
waters, fIX nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumpiog, and protect fish and wildlife habitat.
5. 31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated
by Section 5.4 of this ordinance are exempt from the vegetation aiteration
standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated io Sections 5.62 and 5.63, respectfully, is
allowed subject to the following standards:
(1)
(2)
SMO-260.081
Intensive vegetation clearing withio the shore and bluff impact zones
and on steep slopes is not allowed. Intensive vegetation clearing for
forest land conversion to another use outside of these areas is
allowable 'as a conditional use if an erosion control and
sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
i
I,
~"
~
In shore and bluff impact zones and on steep slopes, limited clearing
of trees and shrubs and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from the priocipal dwelling
site and to accommodate the placement of stairways and landiogs,
picnic areas, access paths, livestock watering areas, beach and
watercraft access areas, and permitted water-oriented accessory
structures or facilities, provided that:
(a) the screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf-on
conditions, is not substantially reduced;
-22-
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DRAIn'
Revised July 23, 1998
(b) along rivers, existing shading of water surfaces is preserved;
and
(c) the above provisions are not applicable to the removal of
trees, limbs, or branches that are dead, diseased, or pose
safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly issued
construction pennits for these facilities do not require the issuance of a
separate grading and filling pennit. However, the grading and filling
standards in this Section must be incorporated into the issuance of pennits
for construction of structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this
ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling pennit wiIl
be required for:
(1) the movement of more than ten (10) cubic yards of material on steep
slopes or within shore or bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of
steep slopes and shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the
issuance of construction pennits, grading and fiIling permits, conditional
use pennits, variances and subdivision approvals:
(1) Grading or fiIling in any type 2,3,4,5, 6,7, or 8 wetland must be
evaluated to determine how extensively the proposed activity would
affect the foIlowing functional quajities of the wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
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DRAFT
Revised July 23, 1998
(t) noteworthiness, including special qualities such as historic
signficance, critical habitat for endangered plants and
animals, or others.
*This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits,. reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota Department of Natural Resources,
or the United States Army Corps of Engineers. The applicant will
be so advised.
(2) Alterations must be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest
time possible;
(3) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the
local soil and water conservation districts and the United States Soil
Conservation Service;
(6) Fill or excavated material must not be placed in a manner that
creates an unstable slope;
(7) Plans to place fIll or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and
must not create finished slopes of 30 percent or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
I
(9) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota
Statutes, I03G.245;
(10) Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent
or nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the
finished slope does not exceed three feet horizontal to one foot
SMO-260.081
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1J~1
Revised July 23, 1998
vertical, the landward extent of the riprap is within ten feet of the
ordinary high water level, and the height of the riprap above the
ordinary high water level does not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to public water, such as boat slips, canals, lagoons; and harbors,
must be controlled by local shoreland controls. Permission for excavations
may be given only after the commissioner has approved the proposed
connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from
public waters. Documentation must be provided by a qualified individual that all
roads and parking areas are designed and constructed to minimize and control
erosion to public waters consistent with the field office technical guides of the local
soil and water conservation district, or other applicable technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within
these areas, and must be designed to minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this subpart are met. For private
facilities, the grading and fIlling provisions of Section 5.32 of this ordinance must
be met.
5.5 Stormwater Management.
The following general and specific standards shall apply:
5 .51 General Standards:
A. When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff
before discharge to public waters.
B. Development must be planned and conducted in a manner that will minimize
the extent of disturbed areas, runoff velocities, erosion potential, and
reduce and delay runoff volumes. Disturbed areas must be stabilized and
protected as soon as possible and facilities or methods used to retain
sediment on the site.
-25-
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SMO-260.081
UKAl!T
Revised July 23, 1998
C. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using
natural features and vegetation, various types of constructed facilities such
as diversions, settling basins, skimming devices, dikes, waterways, and
ponds may be used. Preference must be given to designs using surface
drainage, vegetation, and infiltration rather than buried pipes and man-made
materials and facilities.
5.52 Specific Standards:
A. Impervious surface coverage of lots must not exceed 25 percent of the lot
area.
B. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they are
designed and installed consistent with the field office technical guide of the
local soil and water conservation districts.
C. New constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris
before discharge.
5.6 Special Provisions for Commercial, Indnstrial, Public/Semipublic, Agricultural,
Forestry and Extractive Uses and Mining of Metallic"MineraIs and Peat.
5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses.
A. Surface water-oriented commercial uses and industrial, public, or
semipublic uses with similar needs to have access to and use of public
waters may be located on parcels or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
(1) in addition to meeting impervious coverage limits, setbacks, and
other zoning standards in this ordinance, the uses must be designed
to incorporate topographic and vegetative screening of parking areas
and structures;
(2) uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need;
and
(3) nses that depend on patrons arriving by watercraft may use signs and
lighting to conveyueeded information to the public, subject to the
following general standards:
SMO-260.081
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l__H_
DRAFT
Revised July 23, 1998
(a) no advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying
information or safety messages may be placed in or on
public waters by a public authority or under a peITIlit issued
by the county sheriff;
(b) signs may be placed, when necessary, within the shore
impact zone if they are designed and sized to be the
minimum necessary to convey needed information. They
must only convey the location and name of the establishment
and the general types of goods or services available. The
signs must not contain other detailed information such as
product brands and prices, must not be located higher than
ten feet above the ground, and must not exceed 32 square
feet in size. If illuminated by artificial lights, the lights must
be shielded or directed to prevent illumination out across
public waters; and
(c) other outside lighting may be located within the shore impact
zone or over public waters if it is used primarily to
illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across
public waters. This does not preclude use of navigational
lights.
B. Uses without water-oriented needs must be located on lots or parcels
without public waters frontage, or, if located on lots or parcels with public
waters frontage, must either be set back double the normal ordinary high
water level setback or be substantially screened from view from the water
by vegetation or topography, assuming summer, leaf-on conditions.
5.62 Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming,
sod farming, and wild crop harvesting are peITIlitted uses if steep slopes and
shore and bluff impact zones are maintaip.ed in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of the local soil
and water conservation districts or the United States Soil Conservation
Service, as provided by a qualified individual or agency. The shore impact
zone for parcels with peITIlitted agricultural land uses is equal to a line
parallel to and 50 feet from the ordinary high water level.
B. Animal feedlots must meet the following standards:
(1) new feedlots must not be located in the shoreland of watercourses
or in bluff impact zones and must meet a minimum setback of 300
SMO-260.081
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DRAFT
Revised July 23, 1998
feet from the ordinary high water level of all public waters basins;
and
(2) modifications or expansions to existing feedlots that are located
within 300 feet of the ordinary high water level or within a bluff
impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback or encroach on bluff
impact zones.
5.63 Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the Minnesota
Nonpoint Source Pollution Assessment-Forestry and the provisions of Water
Quality in Forest Management "Best Management Practices in Minnesota."
5.64 Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development
and restoration plan must be developed, approved, and followed over the
course of operation of the site. The plan must address dust, noise, possible
pollutant discharges, hours and duration of operation, and anticipated
vegetation and topographic alterations. It must also identify actions to be
taken during operation to mitigate adverse environmental impacts,
particularly erosion, and must clearly . explain how the site will be
rehabilitated after extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water
levels of public waters and from bluffs.
5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, as
defmed in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use
provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are
satisfied.
5.7 Conditional Uses
Conditional uses allowable within shoreland areas shall be subject to the review and
approval procedures, and criteria and conditions for review of conditional uses established
community-wide. The following additional evaluation criteria and conditions apply within
shoreland areas:
5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic, .
vegetation, and soils conditions on the site must be made to ensure:
(1) the prevention of soil erosion or other possible pollution of public waters,
both during and after construction;
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DRAFT
Revised July 23, 1998
(2) the visibility of stroctures and other facilities as viewed from public waters
is limited;
(3) the site is adequate for water supply and on-site sewage treatment; and
(4) the types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely
accommodate these watercraft.
5.72 Conditions attached to conditional use permits. The City of Centerville, upon
consideration of the criteria listed above and the purposes of this ordinance, shall
attach such conditions to the issuance of the conditional use permits as it deems
necessary to fulfill the purposes of this ordinance. Such conditions may include,
but are not limited to, the following:
(1) increased setbacks from the ordinary high water level;
(2) limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
(3) Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle
parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
5.82 Sewage treatment. Any premises used for human occupancy must be provided with
an adequate method of sewage treatment, as follows:
A. No new individual sewage treatment systems will be allowed.
B. All private sewage treatment systems must meet or exceed the Minnesota
Pollution Control Agency's standards for individual sewage treatment
systems contained in the document titled, "Individual Sewage Treatment
Systems Standards, Chapter 7080" , a copy of which is hereby adopted by
reference and declared to be a part of this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high
water level in accordance with the setbacks contained in Section 5.21 of this
ordinance.
D. All proposed sites for individual sewage treatment systems shall be
evaluated in accordance with the criteria in sub items (1)-(4). If the
SMO-260.081
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DRAFT
Revised July 23, 1998
determination of a site's suitability cannot be made with publicly available,
existing infonnation, it shall then be the responsibility of the applicant to
provide sufficient soil borings and percolation tests from on-site field
investigations.
Evaluation criteria:
(1) depth to the highest known or calculated ground water table or
bedrock;
(2) soil conditions, properties, and permeability;
(3) slope;
(4) the existence of lowlands, local surface depressions, and rock
outcrops;
E. Nonconforming sewage treatment systems shall be regulated .and upgraded
in accordance with section 6.13 of this ordinance.
SECTION 6.0 - NON CONFORMITIES
All legally established nonconfonnities as of the date of this ordinance may continue, but they will
be managed according to applicable state statutes and other regulations of this community for the
subjects of alterations and additions, repair after damage, discontinuance of use, and intenSification
of use; except that the following standards will also apply in shoreland areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office of the county recorder on the date of enactment of local
shoreland controls that do not meet the requirements of Section 5.1 of this
ordinance may be allowed as building sites without variances from lot size
requirements provided the use is permitted in the zoning district, the lot has been
in separate ownership from abutting lands at all times since it became substandard,
was created compliant with official controls in effect at the time, and sewage
treatment and setback requirements of this ordinance are met.
B.
A variance from setback requirements must be obtained before any use, sewage
treatment system, or building pennit is issued for a lot. In evaluating the variance,
the board of adjustment shall consider sewage treatment and water supply
capabilities or constraints of the lot and shall deny the variance if adequate facilities
cannot be provided.
1
If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 5.1 of this ordinance the
lot must not be considered as a separate parcel of land for the purposes of sale or
. development. The lot must be combined with the one or more contiguous lots so
they equal one or more parcels of land, each meeting the requirements of Section
5.1 of this ordinance as much as possible.
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6.2 Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of Section 5.0 of
this ordinance. Any deviation from these requirements must be authorized by a
variance pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the foIlowing criteria
and standards are met:
(1) the structure existed on the date the structure setbacks were established;
(2) a thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water
level setback of the structure;
(3) the deck encroachment toward the ordinary high water level does not exceed
15 percent of the existing setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more
restrictive; and
(4) the deck is constructed primarily of wood, and is not roofed or screened.
6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 5.8 of this
ordinance must be upgraded, at a minimum, at any time a permit or variance of any
type is required for any improvement on, or use of, the property. For the purposes
of this provision, a sewage treatment system shall not be considered nonconforming
if the only deficiency is the sewage treatment system's improper setback from the
ordinary high water level.
B. The governing body of the City of Centerville has by formal resolution notified the
commissioner of its program to identify nonconfomling sewage treatment systems.
The City of CenterviIle will require upgrading or replacement of any
nonconforming system identified by this program within a reasonable period of
time which will not exceed 2-years. Sewage systems installed according to all
applicable local shoreland management standards adopted under Minnesota
Statutes, section 105.485 [now 103F.201-.221] in effect at the time of instaIlation
may be considered as conforming unless they are determined to be failing, except
that systems using cesspools, leaching pits, seepage pits, or other deep disposal
methods, or systems with less soil treatment area separation above groundwater
than required by the Minnesota PoIlution Control Agency's Chapter 7080 for
design of on-site sewage treatment systems, shaIl be considered nonconforming.
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SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS
7.11 Land suitability _ Each lot created through subdivision, including planned unit
developments authorized under Section 8.0 of this ordinance, must be suitable in
its natural state for the proposed use with minimal alteration. Suitability analysis
by the local unit of government shall consider susceptibility to flooding, existence
of wetlands, soil and rock formations with severe limitations for development,
severe erosion potential, steep topography, inadequate water supply or sewage
treatment capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fIsh and wildlife habitat, presence of significant historic sites,
or any other feature of the natural land likely to be harmful to the health, safety,
or welfare of future residents of the proposed subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls
of this community. A subdivision will not be approved where a later variance from
one or more standards in official controls would be needed to use the lots for their
intended purpose. In areas not served by publicly owned sewer and water systems,
a subdivision will not be approved unless domestic water supply is available and
a sewage treatment system consistent with Sections 5.2 and 5.8 can be provided for
every lot. Each lot shall meet the minimum lot size and dimensional requirements
of Section 5.1, including at least a minimum contiguous lawn area, that is free of
limiting factors sufficient for the construction of two standard soil treatment
systems. Lots that would require use of holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the
applicant for the community to make a determination of land suitability. The
information shall include at least the following:
(1) topographic contours at ten-foot intervals or less from United States
Geological Survey maps or more accurate sources, showing limiting site
characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02'-
subdivision 1, to be shown on plats, obtained from United States Geological
Survey quadrangle topographic maps or more accurate sources;
(3) adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing
sources or from fIeld investigations such as soil borings, percolation tests,
or other methods;
(4) information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near-shore aquatic
conditions, including depths, types of bottom sediments, and aquatic
vegetation; and proposed methods for controlling stormwater runoff and
erosion, both during and after construction activities;
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DRAFf
Revised July 23, 1998
(5) location of 100-year flood plain areas and floodway districts from existing
adopted maps or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and
the "top" of bluffs, and the minimum building setback distances from the
top of the bluff and the lake or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over narnral drainage or ponding
areas for management of stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2
acres or less in size shall be processed as a plat in accordance with Minnesota
Starntes, Chapter 505. No permit for construction of buildings or sewage treatment
systems shall be issued for lots created after these official controls were enacted
unless the lot was approved as part of a formal subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to
public waters or for recreational use areas for use by nonriparian lots within a
subdivision must meet or exceed the sizing criteria in Section 5.14 of this
ordinance.
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS (PUD's)
8.1 Types of POO's Permissible
Plarmed unit developments (PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The
land use districts in which they are an allowable use are identified in the land use district
descriptions in Section 4.2 of this ordinance and the official zoning map.
8.2 Processing of POO's.
Plarined unit developments must be processed as a conditional use, except that an
expansion to an existing commercial PUD involving 6 or iess new dwelling units or sites
since the date this ordinance was adopted is permissible 'as a permitted use provided the
total project density does not exceed the allowable densities calculated in the project
density evaluation procedures in Section 8.5. Approval cannot occur until the
environmental review process (EA W/EIS) is complete.
8.3 Application for a POO
The applicant for a PUD must submit the following documents prior to fmal action being
taken on the application request:
8.31 A site plan and/or plat for the project showing locations of property boundaries,
surface water fearnres, existing and proposed structures and other facilities, land
SMO-260.08l
-33-
260-081-10
DRAFT
Revised July 23, 1998
alterations, sewage treatment and water supply systems (where public systems will
not be provided), and topographic contours at ten-foot intervals or less. When a
PUD is a combined commercial and residential development, the site plan and/or
plat must indicate and distinguish which buildings and portions of the project are
residential, commercial, or a combination of the two.
8.32 A property owners association agreement (for residential PUD's) with mandatory
membership, and all in accordance with the requirements of Section 8.6 of this
ordinance.
8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1)
properly address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PUD's; and 2) ensure the long-term preservation and
maintenance of open space in accordance with the criteria and analysis specified in
Section 8.6 of this ordinance.
8.34 When necessary, a master plan/drawing describing the project and the floor plan
for all commercial structures to be occupied.
8.35 Those additional documents as requested by the City of Centerville Building
Inspector that are necessary to explain how the PUD will be designed and will
function. .
8.4 Site "Suitable Area" Evaluation
Proposed new or expansions to existing planned unit developments must be evaluated using
the following procedures and standards to determine the suitable area for the dwelling
unit/dwelling site density evaluation in Section 8.5.
8.41 The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level at the
following intervals, proceeding landward:
Shoreland Tier Dimerujions
Unsewered
(feet)
Sewered
(feet)
General development lakes - first tier
General development lakes-
second and additional tiers
Recreational development lakes
Natural environment lakes
All river classes
200
200
267
267
400
300
200
267
320
300
8.42 The suitable area within each tier is next calculated by excluding from the tier area
all wetlands, bluffs, or land below the ordinary high water level of public waters.
SMO~260.081
-34-
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DRAFT
Revised July 23, 1998
This suitable area and the proposed project are then subjected to either the
residential or commercial planned unit development density evaluation steps to
arrive at an allowable number of dwelling units or sites.
8.5 Residential and Commercial PUD Density Evaluation
The procedures for determining the "base" density of a PUD and density increase
multipliers are as follows. Allowable densities may be transferred from any tier to any
other tier further from the waterbody, but must not be transferred to any other tier closer.
8.51 Residential PUD "Base" Density Evaluation:
A. The suitable area within each tier is divided by the single residential lot size
standard for lakes or, for rivers, the single residential lot width standard
times the tier depth, unless the local unit of government has specified an
alternative minimum lot size for rivers which shall then be used to yield a
base density of dwelling units or sites for each tier. Proposed locations and
numbers of dwelling units or sites for the residential planned unit
developments are then compared with the tier, density, and suitsbility
analyses herein and the design criteria in Section 8.6
8.52 Commercial PUD "Base" Density Evaluation:
A. Determine the average inside living area size of dwelling units or sites
within each tier, including both existing and proposed units and sites.
Computation of inside living area sizes need not include decks, patios,
stoops, steps, garages, or porches and basements, unless they are habitable
space.
B. Select the appropriate floor area ratio from the following table:
SMO-260.081
-35-
260-1)81-10
DRAFT
Revised July 23, 1998
Commercial Planned Unit Development
Floor Area Ratios*
Public waters classes
* Average
unit floor
area (sq.
ftl
Sewered general
development
lakes; fIrst
tier on
unsewered
general
development
lakes; urban,
agricultural,
tributary
river
selmlents
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
.040
.048
.056
.065
.072
.082
.091
.099
.108
.116
.125
.133
.142
.150
Second and
additional tiers
on unsewered
general
development
lakes;
recreational
development
lakes ;
transition and
forested river
selmlents
Natural
environment
lakes and
remote river
selmlents
.020
.024
.028
.032
.038
.04~
.046
.050
.054
.058
.064
.068
.072
.075
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.038
*For average unit floor areas less than shown, use the floor area ratios listed for 200
square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For
recreational camping areas, use the ratios listed at 400 sqliare feet. Manufactured home
sites in recreational camping areas shall use a ratio equal,to the size of the manufactured
home, or if unknown, the ratio listed for 1,000 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to yield
total floor area for each tier allowed to be used for dwelling units or sites.
D. Divide the total floor area by tier computed in Item C. above by the average
inside living area size determined in Item A. above. This yields a base
number of dwelling units and sites for each tier.
E. Proposed locations and numbers of dwelling units or sites for the
commercial planned unit development are then compared with the tier,
SMO-260.081
-36-
260.-081-10
DRAFT
Revised July 23, 1998
density and suitability analyses herein and the design criteria in Section 8.6.
8.53 Density Increase Multipliers:
A. Increases to the dweIling unit or dweIling site base densities previously
determined are allowable if the dimensional standards in Section 5.0 are
met or exceeded and the design criteria in Section 8.6 are satisfied. The
allowable density increases in Item B. below will only be allowed if
structure setbacks from the ordinary high water level are increased to at
least 50 percent greater than the minimum setback, or the impact on the
waterbody is reduced an equivalent amount through vegetative
management, topography, or additional means acceptable to the local unit
of gove=ent and the setback is at least 25 percent greater than the
minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential
or Commercial Planned Unit Developments:
Density evaluation tiers
Maximum density increase
within each tier (percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before final approval of a planned unit development, adequate provisions
must be developed for preservation and maintenance in perpetuity of open
spaces and for the continued existence and functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means must be provided to ensure long-term preservation and
maintenance of open space. The instruments must include all of the
following protections:
(1) co=ercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alterations other than routine
maintenance prohibited;
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-37-
260-081-10
DRAFT
Revised July 23, 1998
(3) construction of additional buildings or storage of vehicles and other
materials prohibited; and
(4) uncontrolled beaching of watercraft prohibited.
C. Development organization and functioning. Unless an equally effective
alternative community framework is established, when applicable, all
residential planned unit developments must use an owners association with
the following features:
(1) membership must be mandatory for each dwelling unit or site
purchaser and any successive purchasers;
(2) each member must pay a pro rata share of the association's
expenses, and unpaid assessments can become liens on units or
sites;
(3) assessments must be adjustable to accommodate changing
conditions; and
(4) the association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
8.62 Open Space Requirements. Planned unit developments must contain open space
meeting all of the following criteria:
A. At least 50 percent of the total project area must be preserved as open
space;
B. Dwelling units or sites, road rights-of-way, or land covered by road
surfaces, parking areas, or structures, except water-oriented accessory
structures or facilities, are developed areas and shall not be included in the
computation of minimum open space;
C. Open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic
sites or unplatted cemeteries;
D. Open space may include outdoor recreational facilities for use by owners
of dwelling units or sites, by guests staying in commercial dwelling units
or sites, and by the general public;
E. Open space may include subsurface sewage treatment systems if the use of
the space is restricted to avoid adverse impacts on the systems;
F. Open space must not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
SMO-260.081
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DRAFT
Revised July 23, 1998
G. The appearance of open space areas, including topography, vegetation,and
allowable uses, must be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equally
effective and permanent means; and
H. The shore impact zone, based on normal structure setbacks, must be
included as open space. For residential POO's, at least 50 percent of the
shore impact zone area of existing developments or at least 70 percent of
the shore impact zone area of new developments must be preserved in its
natural or existing state. For co=ercial POO's, at least 50 percent of the
shore impact zone must be preserved in its natural state.
8.63 Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PUD must:
A. Be designed, and the construction managed, to minimize the likelihood of
serious erosion occurring either during or after construction. This must be
accomplished by limiting the amount and length of time of bare ground
exposure. Temporary ground covers, sediment entrapment facilities,
vegetated buffer strips, or other appropriate techniques must be used to
minimize erosion impacts on surface water features. Erosion control plans
approved by a soil and water conservation district may be required if
project size and site physical characteristics warrant; and
B. Be designed and constructed to effectively manage reasonably expected
quantities and qualities of stormwater runoff. Impervious surface coverage
within any tier must not exceed 25 percent of the tier area, except that for
commercial POO's 35 percent impervious surface coverage may be allowed
in the frrst tier of general development lakes with an approved stormwater
management plan and consistency with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design of facilities and
structures must be done according to the following standards:
A. Planned unit developments must be corn:iected to publicly owned water
supply and sewer systems, if available. On-site water supply and sewage
treatment systems must be centralized and designed and installed to meet or
exceed applicable standards or rules of the Minnesota Department of Health
and Sections 5.2 and 5.8 of this ordinance. On-site sewage treatment
systems must be located on the most suitable areas of the development, and
sufficient lawn area free of limiting factors must be provided for a
replacement soil treatment system for each sewage system;
B. Dwelling units or sites must be clustered into one or more groups and
located on suitable areas of the development. They must be designed and
located to meet or exceed the following dimensional standards for the
5MO-260.081
-39-
260-081-10
DRAFT
Revised July 23, 1998
relevant shoreland classification: setback from the ordinary high water
level, elevation above the surface water features, and maximum height.
Setbacks from the ordinary high water level must be increased in
accordance with Section 8.53 of this ordinance for developments with
density increases;
C. Shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, must be
centralized and located in areas suitable for them. Evaluation of suitability
must include consideration of land slope, water depth, vegetation, soils,
depth to groundwater and bedrock, or other relevant factors. The number
of spaces provided for continuous beaching, mooring, or docking of
watercraft must not exceed one for each allowable dwelling unit or site in
the first tier (notwithstanding existing mooring sites in an existing
commercially used harbor). Launching ramp facilities, including a small
dock for loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
D. Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means
acceptable to the local unit of government, assuming summer" leaf-on
conditions. Vegetative and topographic screening must be preserved, if
existing, or may be required to be provided;
E. Accessory structures and facilities, except water oriented accessory
structures, must meet the required principal structure setback and must be
centralized; and
F, Water-oriented accessory structures and facilities may be allowed if they
meet or exceed design standards contained in Section 5.2 of this ordinance
and are centralized.
8.7 Conversions
Local governments may allow existing resorts or other land uses and facilities to be'
converted to residential planned unit developments if all of the following standards are
met:
8.71 Proposed conversions must be initially evaluated using the same procedures for
residential planned unit developments involving all new construction.
Inconsistencies between existing features of the development and these standards
must be identified.
8.72 Deficiencies involving water supply and sewage treatment, structure color,
impervious coverage, open space, and shore recreation facilities must be corrected
as part of the conversion or as specified in the conditional use permit.
SMO-26O.081
-40-
260-081-10
DRAFT
Revised July 23, 1998
,
8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable
improvements made as part of the conversion. These improvements must include,
where applicable, the following:
A. Removal of extraneous buildings, docks, or other facilities that no longer
need to be located in shore or bluff impact zones;
B. Remedial measures to correct erosion sites and improve vegetative cover
and screening of buildings and other facilities as viewed from the water;
and
C. If existing dwelling units are located in shore or bluff impact zones,
conditions are attached to approvals of conversions that preclude exterior
expansions in any dimension or substantial alterations. The conditions must
also provide for future relocation of dwelling units, where feasible, to other
locations, meeting all setback and elevation requirements when they are
rebuilt or replaced.
8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5
may be allowed to continue but must not be allowed to be increased, either at the
time of conversion or in the future. Efforts must be made during the conversion
to limit impacts of high densities by requiring seasonal use, improving vegetative
screening, centralizing shore recreation facilities, installing new sewage treatment
systems, or other means.
SMO-260.081
-41-
26O-<l81-1O
DRAFT
Revised July 23, 1998
". . r
APPENDIX A
ORDINANCE CERTIFICATION CHECKLIST
[CITY/COUNTY NAME]
Once all the below listed tasks are completed, please sign and return the checklist and all required
documents to the appropriate DNR area hydrologist.
1.
Date of published hearing notice.
2.
Date of postmark of hearing notice to cornnusslOner of the
Department of Natural Resources/area hydrologist.
3.
Date of hearing(s).
4.
Date of ordinance adoption.
5.
If ordinance is published in entirety, date and affidavit of newspaper
publication of adopted ordinance (Include three copies of
ordinance) .
6.
If only ordinance summary published, date and affidavit of
newspaper publication of ordinance title and summary along with
certified copy of adopted ordinance in its entirety from
clerk/auditor. (Include three copies of ordinance)
7.
(
Date of official filing of adopted ordinance with county recorder
record book number
page number).
8. Yes
No
Board of adjustment and appeals has been established?
*Note: Cities under charter must also submit a list of any additional requirements for hearings,
notices, etc. stated in their charter. Please specify:
Signature of Clerk! Auditor
SMO-260.081
260-081-10
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D~notes Lightpole
Denotes Trans Pole
Denotes Set 1/2 inch by
18 inch Iron Pipe
Denotes Iron Morll.lmen! Found
Denotes Electricol Outlet
Denotes E"isting Devotion
Denofes Cokh Bosin
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$ Denotes Existing Well
Denotes 75 inch RCP
Denotes Telephone Box
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Land
- Curb shots ore token ot the top and bock of curb
- Contours are at 1 foot inlen'OIS.
- N,G. "1.0. Vertical Datum
- Topogroohy Coilected in Field by E.G. RiJd & Sons 0'1 08-04-04.
Bearing's shown are on assumed daium
- This survey was prepored without the benefit of litlework [asemenfs, appurtenances,
and encumbrances may exrs! {'1 addition to those showf1 hereon, This survey is
subject to revision IJpon receipt (if 0 curlimt titie insuccnce commiimen! or ottorrrey's
/itle opinion.
G. RUD &
Surveyors
9180 LEXINGTON AVENUE
CI,9CLE PINES, IvIN.
Tel. 763~ 786~5556
SONS,
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Fa,
NE.
55014- 3625
763~ 786-6007
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Comme"lcing 01 the "o~the"st corner of said Lo\, the point of beginning of the
Parcel to be described; thence West along Ihe south~lyline ol soid Lot 0 dislonce ol
962.65 leet to 0 pO'nt: tt>e~<:" on 0 beo'ing of Norlr 37 de9rees :'2 minutes 00 seconds
Eost 0 distcnce 214,8 feel to 0 point; thence on 0 bearing of North 31 degrees 54 minutes
OOsecondS'=:llstodistcnceof'85,9feettoapointJnthesovthJineofDSIreet
(Cenler"i!le); thence on 0 beoring 01 Sou~h 89 degrees 48 minutes 30 seconds Eost along
Ihe soid southerly he of .oid 0 Street 0 distance ot 569.4 leet to a point. the northeo.t
corne' 01 Lol 15; tMnce Southerly 0 distonee of590.2 feet to 0 point ofbeginni"'), except
(he North 255 feet Of the eost .342 feet
AI.O thot pori 01 the Northwest Quocter 01 So1Jthwesl Quorter. Section 23.
Tawnship 31, Ronge 22 West. described 09 101l0ws'
Commencing 01 0 point on Ihe northerly line of soid Northwest QUar\er of
Southwest Ouoder lacoted 33 feet West of tre northeast corner. $Oid point CI$O being the
southeos! corner 01 lot 15. Audito,'s Subdivision No. 48 ond the point of beginning 01
the Porcel '0 be described: Ihenee on 0 beoring on Nortr 89 degrees 22 minutes 30
seconds We.l 0 distance of 962.65 feet to 0 point: Ihen<:e on 0 beoring of South 37
degrees 52 minutes 00 seconds West 0 dlstonce of 47.:' leet to 0 point; Ihe"ce On 0
bearing of South 40 degree. 00 mi"utes 00 seconds West (sold beorirg being poroiiel to
ond 60 feet from City of S\. Poul Woter Deporlment property line} 0 distance 290.8 leet to
o point; thence on a bearing 01 South 89 d'gree$ 22 minutes.30 seconds Eost a distonee
1179 feet more or less 10 0 point; he,-,ce on 0 b"ori~g of Nodi"> 00 degrees 26 ",inutes 30
seconds West 0 distance 262.5 te"t to " POi~t of beginning 80lh parcels cc"toi~ing
fifteen (15) acre. rr.ore or less
Excl!pl thot port 01 the Norlhwest Ouoder at Southwest Quorter. Section 23. TownShip 31
North, Ro~ge 22 Wes\. Iy'ng southwesterly of the ~ollowing described line'
Commen~;ng 01 0 point on Ihe sauth line of the north 262.50 feet of said Northwest
Quarier of Southwest Quorter distont 516,64 feet Easlerly 01 the west line of $oid
Northwest Ouorter of the Southwes, Quode' as measured at 0 right angle to said west
line: thence Westerly olano scid soulh line 0 doslonc" O' 175,62 feet 10 the "ctual point of
begi"ning 01 the Ii"", to be described; thence Northwesterly defiecUng to lhe righ: 38
degrees 58 minutes 02 se~onds 0 distance of \84.27 ieet to 0 iine bei"g parolle with o~d
60 feet frol" City of St, "'aul Wolw Deaarlmen\ prooerty lin" ond said Ii"" '.here
terminat;~;g
--~us; L'It!: 01 OF
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NOTE:
TM Nar:hwesterlypropeqyUne was e$labiished by the plol of
~a Motte's First Addition. This create, 0 .urplUS in eost-wesl
direction In our desc.;pticn, but molches 0 quolily'ng call of 60
feet from City of SL POUI Woler Deportment propedy. This olso
ogrees with :mp":>ve:-nents on La MoHe Drive.
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BENCHMARK:
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(C~NTERVllLE MNDOT ELEVATION = 93149)
Mag"etic Manumenl stamped CENTERV1LLE '977, locot"d ;.25 miles
east of Cer.terville. ot junction of Interslote Highway 35 and Covnty
Raod14(MoinSt.),13f\.eoslofno'theostcornerofnortheast
wingwall of Ccunty Rood 14 l>ridge #02803 over Int. Hwy 35. 20ft
<'arlh 01 c:nly, Ro, 14, l! It. noclh Of ooc< 0' guoraroi;. .'.'.'. n, ""r',n
d witness pos\, 40,01 ft norto of 8M 0282 C. 13,75 f! er"t 0'
reference rr'a'~ 2. fiush
GRAPHJC SCALE
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CERTIFICA TION:
hereby certify thot this survey, plan
or report wos prepored by me or under
my direct supervision and thai I om
o duly Registered Lond Surveyor ur:der
the Icws of the Slofe of Minnesota
NOR;H
I NAA 09-01-04
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From:
Sent:
To:
Cc:
SUbject:
Dan & Mary Capra [capria@comcast.net]
Wednesday, April 27, 2005 7:49 PM
MARK PANGELL
Larson, Dallas; Bender Teresa; Jeff paar; Lakso, Michelle; Lee, Tom; Capra, Mary
RE: THANK YOU and Planning and Zoning Vacancy
Dear Mark,
I was a difficult decision and yes we do have an opening on the Planning and Zoning
Commission. I will include your email in their packet for this Friday. I will also ask
staff to forward on to you a packet for their next meeting Tuesday, May 3rd. Their
meetings start at 6:30 p.m. and this meeting will be a full house due to the potential
rezoning of several areas along CSAH 14.
Mary Capra
-----Original Message-----
From: MARK PANGELL [mailto:mapgell@msn.com]
Sent: Wednesday, April 27, 2005 8:19 PM
To: capria@comcast.net
Cc: TomLee@nol-tec.cOffii bhanson@brockwhite.com; indyjpl@aol.com; mmlakso@yahoo.com
Subject: THANK YOU and Planning and Zoning Vacancy
Dear Mayor Capra,
I would like to express my appreciation to you and the council for considering me for the
open city council seat. Although I am disappointed I did not get appointed, I think the
council selected a great candidate. I am still am interested in serving the city.
I would like to formally express my interest in one of the openings on the Planning and
Zoning Commission. If the planning and zoning openings are filled, I would also be
interested in the Parks and Rec opening as a second chioce. I have previously provided my
skills and qualifications in my letter of interest for the Council seat. I can be reached
via email or at 651-426-6022.
Thank you,
Mark Pang"ll
7029 Eagle Trail
1
.
CITY OF CENTERVILLE
PLANNING AND WNING COMMISSION
APRIL 5, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on AprilS, 2005, at 6:30 p. m.
PRESENT:
Commissioner Jennefer K1ennert Hnnt d
Commissioner JeffHanzal llie
Comm~ss~oner Bob Wright APpro.'
CommiSSIOner Tom Wood "ot
Commissioner D. Love I'
Chairperson Brian Hanson
ABSENT:
COUNCIL:
Mayor Capra
STAFF:
Mr. Larson
I. CALL TO ORDER
I. RollCall
The meeting was called to order at 6:30 p.m.
II. APPEARANCES
I. Mr. Lee L'Allier. 1973 Main Street - Requesting Rezone of Neighboring
Proverties/Waiver of Fee
Mr. L' Allier addressed the Commission and asked for consideration of a rezone to assist
with the resale value of their properties after CSAH 14 is widened.
The Commission discussed whether MI would be appropriate in this location or whether
commercial would be more appropriate.
City Administrator Larson cautioned allowing another zero lot line commercial district
within the City.
Mayor Capra indicated she would like the Commission and the Conncil to consider an
Ordinance similar to what was done in Anoka to make the homes conforming due to the
widening of the road that is beyond their control.
City Administrator Larson and the Commission discussed the corridor for rezoning.
Page I of5
.
Planning and Zoning Commission
Meeting Minutes
April 5, 2005
Mr. L'Allier indicated that he has been told a rezone would affect his property value by
$30,000 to $40,000 and thanked the Commission for considering his request.
Mayor Capra asked Staff to research the Anoka Ordinance and provide it to the
Commission for review.
Commissioner Love indicated that he would not be comfortable with MI in this location
but would be comfortable with commercial.
The Commission agreed to hold a public hearing to consider the rezone of 1969 through
7105 and one on the south 1970 for a total of six houses.
2. Mr. & Mrs. Trov Thompson - 1862 Main Street - Potential for Rezone
Mr. and Mrs. Thompson addressed the Commission and asked for consideration of a
rezone from R-2 to M1.
The Commission asked Staff to set a public hearing to consider a rezone to either BI or
mixed use for this area.
Mayor Capra indicated that the City received a grant toward the cost of a downtown
redevelopment study that will look at what types of businesses will work in downtown.
She then asked Staff to provide an update onthe status of that study.
The Commission is considering an MI district from west of City Hall to downtown past
Mill Road to the cemetery and one block past Centerville Road. Two Blocks to
Westview and south side of Progress to City Hall and north side from Progress as far as
the Cemetery.
Commissioner Hanzal asked who would pay the costs associated with the rezoning.
Mayor Capra suggested the City pay for this since the City had discussed this rezoning
prior to resident requests.
City Administrator Larson indicated a Comprehensive Plan Amendment would be
required as well.
Motion bv Commissioner Banzai. seconded bv Commissioner Wood to direct Staff
to set a DubHc heann!!: for consideration of a rezone to MImI commercial for the
section of the City as discussed. to consider an amendment to the ComDrebensive
Plan. and to consider an amendment to Ordinance #4 concernin!!: nonconformin!!:
lan!!:ua!!:e. All in favor. Motion carned unanimously.
3. Mr. Ken Strantz. Performance Auto - Requesting A Svecial Use Permit for
Operation of Business Out of 1724 Main Street Until Widening ofCSAH 14
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April 5, 2005
Mr. Ken Strantz addressed the Commission and asked for an exception to the Ordinance
to be granted a special use permit to conduct his business out of 1724 Main Street for two
years.
City Administrator Larson explained that the City Attorney has advised the City that the
Ordinance specifically prohibits his type of business in that zoning district and the City is
not allowed to make an exception and grant a special use permit.
The Commission discussed the matter and informed Mr. Strantz that they would like to
assist him with staying in the City but cannot go against the advice of the City Attorney.
They also expressed concern with fire and sprinkler requirements.
Mr. Strantz suggested that the City has allowed an exception for another business
operating within the City.
Mayor Capra explained that the business being referenced is an allowed use within the
district it is located in but Mr. Strantz business is specifically prohibited in the zoning
district he has requested to be located in.
Mr. Strantz commented that he feels the City is forcing him out of business and 'out of the
City.
City Administrator Larson indicated that no one is forcing Mr. Strantz out of business
and the City would allow him to locate in the industrial district where his type of business
is allowed but he would need to meet all the code standards for fire and sprinkler as other
businesses are required to do. He further clarified that the Planning Commission has an
obligation to uphold the Ordinances of the City and to allow this use in this district would
be in direct violation of the Ordinance.
III. PUBLIC HEARING(S)
None.
IV. OLD BUSINESS
I. Ordinance #6. #6A. #7 & 9
This item was tabled to the next meeting.
V. NEW BUSINESS
1. Ordinance # 13
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April 5, 2005
The Commission discussed the Liquor Ordinance and suggested a few minor changes
documented by Staff. This Ordinance is to be added to the group for public hearing in
the Fall.
2. Ordinance #14 - Land Improvement & Street Construction
City Administrator Larson suggested that Mr. PaIzer and the City Engineer review this
Ordinance prior to discussion with the Commission.
Motion by Commissioner Wood. seconded by Commissioner Klennert Bunt. to
direct Staff to have Mr. Palzer review the Ordinance prior to sendinl!: it to the City
Enl!:ineer and Council for review. All in favor. Motion carried unanimouslv.
3. Ordinance #16 - Use of Highways
Motion bv Commissioner Wood. seconded bv Commissioner BanzaI to send this
Ordinance to the Police Chief for review. All in favor. Motion carried
unanimously.
4. Ordinance #20A - NSP
City Administrator Larson indicated that this Ordinance could not be changed without the
agreement ofXcel Energy.
The Commission found a few minor typos but agreed it would be too costly to seek
approval of the changes.
5. Ordinance #22A - Office of Clerk! Administrator
City Administrator Larson indicated that Staff needed time to research this Ordinance to
see if there was another Ordinance governing this matter or another version of this
Ordinance.
VI. DISCUSSION ITEMS
1. Resignation of Council Member Linda Broussard Vickers and Planning
Commission Council Liaison Vacancy
Mayor Capra indicated that Council is seeking interested applicants for the open Council
seat and will appoint an official Council Liaison as soon as the position is full. In the
meantime, she will be filling in as Liaison.
2. Ordinance #4 Pool Fence Height
The Commission discussed pool fence height and the need to address this matter prior to
pool season.
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Meeting Minutes
April 5, 2005
Motion bv Commissioner Hanzal. seconded bv Commissioner Love. to set a public
hearine: to consider amendment of pool heie:ht fence as well as the addition of a
permit fee for fences. All in favor. Motion carried unanimouslv.
City Administrator Larson presented information on a proposal received by Staff for a lot
split and explained that Staff would recommend that this be platted rather than a simple
lot split.
The Commission agreed and Staff indicated the applicant would be informed of the need
to do a plat.
VII. CONSIDERATION OF MINUTES
I. February 28. 2005 Planning and Zoning Meeting Minutes
Commissioner Hanzal indicated that Chair Hanson should be changed to Commissioner
Hanzal in reference to showing pictures on Pages 2 and 3. On Page 3 change it to if.
Commissioner Klennert Hunt indicated that suds should be changed to studs.
Motion bv Commissioner Hanzal. seconded bv Commissioner Wrie:ht to approve
the Minutes of February 28. 2005. as amended. All in favor. Motion carried
unanimouslv.
VIII. ADJOURNMENT
Motion bv Commissioner Wood. seconded bv Commissioner Hanzal to Adiourn the
April S. 2005 Plannine: Commission Meetine: at 9:10 p.m. All in favor. Motion
carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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