Ordinance No. 131 Consolidated Land Use Ordinance

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SECTION 21. REGULATIONS OF GEM LAKE WATERS, WETLANDS AND SHORELANDS 1. General Provisions. 1. Shoreland District. The land use regulations in this Section shall apply to any land in the City of Gem Lake located within a floodplain, within 1,000 feet of the ordinary high water mark of a public water or public waters wetland, including but not limited to the body of water known as Gem Lake and its attendant wetlands, or within 300 feet of a stream or river. The regulations of this Section shall apply in addition to the provisions of the zoning district applicable to the property, the Flood Hazard ordinance of the city (No. 114), and other ordinances of the City. 2. Wetland Conservation Act. The City of Gem Lake has delegated its authority under the Minnesota Wetland Conservation Act of 1991 and attendant rules to the Vadnais Lake Area Watershed Management Association (VLAWMO). All requests for permits, review or approval required by the Wetland Conservation Act must be submitted to VLAWMO as the acting Local Government Unit. 3. Applied in Concert with Other Laws. These regulations and requirements shall be in addition to those imposed by Federal and State law, regional and local water management regulations, and city ordinances, all of which shall jointly apply. Under joint application, the most restrictive requirements shall apply. 2. Shoreland Use Controls. 1. Policy. Intact, vegetated and stable shorelines and streambanks provide valuable functions to Gem Lake and other water resources in the City including prevention of erosion, reinforcement of soils through root structure, trapping of nutrients and sediments, and provision of fish and wildlife habitat. Gem Lake is a Natural Environment lake under the criteria established by the Department of Natural Resources. 2. Minimum Lot Size and Setback Requirements. All lots created and structures erected in a shoreland district following the enactment of this Section must meet the criteria established in the underlying zoning district. No variance shall be granted, or other approval given, which allows the creation of a lot in a shoreland district that is less than 80,000 square feet in area (measured above the ordinary high water mark of the water body), or less than 200 feet in width. No structure, other than water -oriented accessory structures managed by this Section, shall be placed within 150 feet of the ordinary high water mark of the water body. The maximum lot coverage by buildings and impervious surfaces is 25%. 3. Accessory Structures and Facilities. All accessory structures and facilities, except those that are water -oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water -oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: 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, color, or other means acceptable to the local unit of government, 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. 6. Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. 4. 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. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 105