Ordinance No. 131 Consolidated Land Use Ordinance

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2. Landings for stairways and lifts must not exceed 32 square feet in area. 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. 6. Facilities such as ramps, lifts, or mobility paths for persons with physical disabilities are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of 1 to 5 are complied with. 5. Decks. Except as provided in section 21.2.3, decks must meet the structure setback standards. Decks to be added to structures existing on the date the shoreland structure setbacks were established by ordinance may be allowed without a variance, if all of the following criteria and standards are met: 1. 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; 2. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 3. The deck is constructed primarily of wood, and is not roofed or screened. 6. Driveways and parking areas. Driveways and parking areas must meet all applicable structure setbacks, and must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from the water body. Access ramps and approach roads are not allowed in the structure setback area surrounding Gem Lake. 7. Shoreline alteration. Alterations of vegetation and topography in a shoreland district is controlled to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect wildlife habitat. 1. Removal or alteration of vegetation is limited to the amount necessary to construct an approved structure, and to maintain the health of the vegetation, provided that no such removal or alteration shall substantially reduce the screening of structures, vehicles and other facilities as viewed from the water. This provision shall not restrict the removal of trees, limbs or branches that are dead, diseased, or pose safety hazards, or the removal of buckthorn and similar invasive species identified by the Minnesota Department of Natural Resources. 2. Any application for new construction in a shoreland district must include a Tree and Vegetation Preservation Plan which, in addition to the requirements of Section 27, includes an inventory of all vegetation affected by the construction and a plan for preservation, relocation, or replacement of the vegetation. 3. Use of fertilizer and pesticides in a shoreland district must be done in such a way as to minimize runoff into the water body. 4. No grading, filling, or other topographical alteration shall be allowed within 50 feet of the ordinary high water mark of the water body, with the exception that the Zoning Administrator may approve the installation of clean beach -type sand in this area, in accordance with DNR regulations, after review of an installation plan. 5. Any grading or filling anywhere else in a shoreland area involving movement of more than 50 cubic yards of material requires a grading and filling permit. If the grading or filling is to take place in a wetland, VLAWMO review and approval must be obtained before the City can issue a permit. In addition to any other requirements, grading and filling activity in shoreland areas must also meet the following criteria: Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 106