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<br /> STATE OF MINNESOTA (14) "Subdivision" means improved or unimproved land or
<br /> COUNTY OF RAMSEY lands which are divided for the purpoae of ready sale or lease,
<br /> or divided successively within e fivayear period fa the purpose
<br /> CITY OF ARDEN HILLS ot sale or lease, into three or more bts or parcels ot less than
<br /> mon e ownershp o~ conhol$ in area and which ere under com-
<br /> ORDINANCE NO. 237 five
<br /> AN ORDINANCE REGULATING THE SUBDIVISION, USE AND (15) "Substandard Use" means eny use ol or structura .
<br /> DEVELOPMENT OF SHORELANDS AND THE UTILIZATION situated upon shorelands which existed prior to the date of the
<br /> OF THE PUBLIC WATERS ON WHICH THEY ABUT, AND IM- enactment of this ordinance and which is permitted within the
<br /> POSING PENALTIES FOR VIOLATIONS TNEREOF eppliceble zoning district but does not meet the minimum lot
<br /> Ssctlon 1. Tltls, Purpoas end Shtutory Authorizatlon. area or length of water (rontage, structure selbecks, or other
<br /> A. Tltle. This ordinance shall be known, cited ae end refer- dimensional stendards ot the ordinance.
<br /> red to as the "Arden Hills Shoreland Management Ordinance" (16)' Variance" means eny modificalion or varialion of oflicial
<br /> or the "Shoreland Manapement Ordinance" except as referred controls where it is determined that, beceuse of hardships, strict
<br /> lo herein where it shall be known as "this ordinance." enforcement of the oHicial controls is impracticel.
<br /> B. Purpoese and Intsntr. The uncontrolled use of shorelands Ssctlon 3. Shorelend Managsmsnt Dlstrlcb.
<br /> of the City of Arden Hills aflects the public health, safety end A. Claslllcatlon o1 Lekes. In order to guide the wise develop-
<br /> general wel(are not only by contributing to pollution ol public ment and utilization ol shorelends of protected waters for the
<br /> waters, but also by impairing the local tax base. Therefore, it presenation of water quality, netural cheracteristics, economic
<br /> is in the best interests of the public healih, safety and welfare values and the general health, safety and weltare, certain pro-
<br /> to provide for the wise development of ahorelands of public tected waters in the City heve been given a ahoreland menage-
<br /> waters. The Lepislature of Minnesota has delegeted responsibili- ment clessification.
<br /> ty lo the municipalities of the state to regulate the eubdivision, These protected waters ol the City have been classified by
<br /> use and development of the ahorelends of public weters end the Commiseioner of Natural Resourcea es follows:
<br /> thus preserve and enhence the quality of surfece waters, DNR I.D. #
<br /> preserve the economic and natural environmentel velues of (1) General Development Lekes
<br /> shorelanda, and provide for the wise utilization of waler and Josephine 82•57
<br /> releted land resources. This responsibility is hereby recogniz- Johanna 82-78
<br /> ed by the City of Arden Hills. Liple Johanna 62-58
<br /> C. Statutory Authorizotlon. This ordinance is adopted pur- Karth 82-72
<br /> suant to the euthorization contained in the Laws of Minnesota (2) Recreational Development Lakes
<br /> 1973, Chapter 379, and in furtherence of the policies declared Round Lake 82-70
<br /> in Minnesota Statutes 1978, Chapters 105, 115, 118 end 482. (3) Natural Environment Lakes
<br /> Seetlon 2. Rulss snd Deflnltlons. Sunfish 62-65
<br /> A. Rulas of ConsWCUon. For the purpose of this ordinance, Valentine 62-71
<br /> certain terms or worda used herein shall be interpreted as B~~~~ment of Shorelend Manayemsnt Olstrlcts; Zon-
<br /> follows: Iny Map. The boundaries of the Shorelend Management Districts
<br /> (i) The singular number includes the plural and the plural in- are hereby eslablished as shown on the map entitled "OHiciel
<br /> cludes the singular. Zoninp Map of Arden Hills, Minnesote," which Map ie properly
<br /> (2) The present tense includes ihe past and future tenaes and epProved and filed in the office ol the City Clerk•Adminiatralor.
<br /> the future includes the present. The Shoreland Menegement Districis rnerlay ezisting zoning
<br /> (3) The word "shall" is mandatory while the word "may" is dislricls of the City also shown on the Otficial Zoning Mep pur-
<br /> permissive. suant to Appendix A(Zoning) of the Arden Hills Code. As in-
<br /> (4) The masculine gender includes the leminine and neuter. dicated in the previous eubparagraph hereof, certain portions
<br /> (5) All distances, unless otherwise specified, ahall be ol the shorelends in the Shoreland Management Districts are
<br /> measured horizontally. clesaified "General Development Lakes," others "Natural En-
<br /> B. Dellnltlons. vironment Lekes" and a Ihird area "Recreational Devebpment
<br /> (1) "Boathouse" means a strudure used solely for the storage Lekes." Said Map and all of the notations, relerences and other
<br /> of boats or boating equipment. informalion shown thereon shall have the same force and ef-
<br /> (2) "Building Line" means that line measured across the width fect as if sat forth herein at lengih.
<br /> of the lot et the point where the principal structure is placed in C. ApplipblNly. This ordinance shall apply to all IarWs bceled
<br /> accordance wHh aetback provisions from the ordinary hiph weler within the boundaries of the Shoreland Manapement Districts.
<br /> mark. D. BoundeNN of Shonland Manaysment DbMeb. The
<br /> (3) "Clear-cutting" means the removal of an entire stand of buundariea of the Shoreland Managemenl Districts shall be
<br /> irees. delermined by aceling distances on the OHicial Zoning Map.
<br /> (4) "Special Use" means a use which, because of unique Where interpretation is needed as to the exact Ixeti_on of the
<br /> characteristics, cannot be classified as a permitted use in a boundaries of a Shoreland Menagement District shown on the
<br /> Shoreland Management District, and which, after due considera- O~cial Zonfng Map, for example where there appears fo be a
<br /> tion by the Planning Commission end Council, pursuant to the o°nnict beM1Veen a mapped boundary and adual field conditions,
<br /> licable rocedures contained in Seclion VII of the City Council shall make the necessary interpretation based
<br /> epp p Appendiz A upon topoprephic elevations and other evailable technical data.
<br /> (Zoning) of the Arden Hills Code, may nevertheless be allowed
<br /> on a site by special use permit granted by the Council persons contesting the locetion ol the Shoreland Management
<br /> .
<br /> (5) "Lot (of record)" means a parcel of Iand described by District boundaries shall be given a reasonable opportunity to
<br /> metes and bounds meesurements, reference to a repistered land present their cese to the Ciry Council and ta submit technicel
<br /> survey or plat, or other means, and separaled from other percels evidence.
<br /> or portions by said description, as o( the eHective date of this E. Permltted Uaes. All permitted uses ellowed and regulated
<br /> ardinance or approved by the City as a lot subsequent to such bY the applicable zoning district underlying the Shoreland
<br /> date, and wh~h is occupied by or, under this ordinance and other Menagement Disiricts as indicated on the Official Zoning Map
<br /> applicable ordinances, is suitable for occupancy by one (1) pnn- of the City shall be permitted in a Shorelend Menagement
<br /> cipal building, or used together with any accessory buildinga or District.
<br /> uses and such open spaces as are required by thie ordinance. F. Speclal Uws.
<br /> (6) "NOnconforming Use" means a building, structure or use (1) All special uses and epplicable attached conditions allow•
<br /> of a building, structure or parcel of land, or e portion thereol, ed and regulated by the appliceble zoning dislrid underlying
<br /> lawfully existing as of the effective date ot the adoption ol thia Shoreland Manegement Districts as indicated on the Official2on-
<br /> ordinance or amendment hereto, as a matter of right or by per- ing Map of the City shall be specielly permitted uses therein.
<br /> mit, which is not permiqed in the zoning diatrict in which it is (2) Although boathouses ere permitled in certain zoning
<br /> located. districts, subject to certein restrictions, in Appendiz A(Zoning)
<br /> (7) "Ordinary High Water Mark" means a mark delineating o( the Arden Hills Code, the Commissbner o1 Natural Resources
<br /> that they be treated as special uses when ihey are
<br /> the highest water level which has been maintained tor a sufli- requires located in Shoreland Menegement Districts. Accordingly,
<br /> cent period of time to leave evidence upon the landscape. The
<br /> ordinary high water merk is commonly ihat point where the poathouaes located in Shaeland Management Districts shell be
<br /> nalural vegetation changes from predominanlly aquatic to subject lo ihe special use permit procedurea contained in Ap-
<br /> predominantly terresirial. pendix A(Zoning) of the Arden Hills Code.
<br /> (8) "Planned Unit Devebpment" means the development ol G. Substandud Uqs.
<br /> Substandard uses or structures within the Shoreland
<br /> a trect af land in a unified manner, pursuanl to a development Management Districis which were in existence prwr to the enact-
<br /> plan specilically epproved by the City. ment of this ordinance ehall be allowed to continue. However,
<br /> (9) "Planning Commission" means the Planning Commission any struqural alteration, addition, or other modification which
<br /> as created by the City Council by Chapter 20 of the Arden Hills increases or exAends the substendard conditions shall not be
<br /> Code. allowed except es permitted by the variance procedure more
<br /> (10) "Protected Waters" means any waters of the State as particularly described in Section 4.J. hereol.
<br /> defined in Minnesola Statules 1980, Section 105.37, Subdivi- (2) 7he ezpansion, reconstrudion, or restoration of a substan-
<br /> sion 74. However, no lake, porid or Ibwage of less than ten acres dard structure ahall not be permined if the cost of such expan-
<br /> in size and no river or stream heving a total dreinage erea less eion, reconstruction, or reatoretion exceeds lifly percent (SOMo)
<br /> than [wo square miles ahall be repuleted for the purp~es o(
<br /> these reguletions. ol lhe fair market velue ol the existin0 structure to be modified.
<br /> (11) "Setback" means the minimum horizontal distance bet• H. Non-Conlorminy Uses. No non-confwming use within the
<br /> ween a slruclure and the ordinary high water mark or between Shoreland Management District shall be expanded ar
<br /> a struclure and a road, well, highway, or property linea. reconstructed ezcept as permitled by Section X of Appendix A
<br /> (12) "Shoreland" means land located within the following (Zoning) of the Arden Hills Code.
<br /> distances from protected waters: (i) 1,000 feet from the ordinary ProhlbNsd Uees. Any uses which are not permitted or
<br /> high water mark of a lake, pond, or flawage; and (ii) 300 feet special uses as regulated by the applicable zoning tlistrict
<br /> from a river or stream, or the landward extent of a flood plain underlying the Shoreland Management Districts es indicated on
<br /> on such rivers or streams, whichever is greater. The practical the OHicial Zoning Map of the City shell be prohibited in a
<br /> limits of shorelanAS may be leas Ihan the statutory limits where ShorelanG Management District.
<br /> such limits are designated by natural drainage divides at lesser Section 4. DletNct Provlalons.
<br /> distances, es shown on the official zoning map of the City. A. Dletrld RsqulremsMS. The following standards shall apply
<br /> (13) "Structure" means any building (including mobile homes) lo all shorelands of the protected waters listed in Section 3.A.
<br /> or appuAenances thereto, except aerial or underground utility of ihis ordinance wi[hin the City. Where the requirements ol the
<br /> lines such as sewer, electric, telephone, lelegreph or ges lines, underlying zoning district as ahown on the Oflicial Zoning Map
<br /> including towers, poles, end other supporting eppurtenencea. are more restrictive then those set forth herein, lhen the more
<br /> restrictive standards shall apply:
<br /> NATURAL RECREATIONAL GENERAL
<br /> ENVIRONNENT DEVELOPYENT DEVELOPMENT
<br /> WATERS WATERS WATERS
<br /> Lot area (sq. R.)
<br /> Riparien lot 40,000 20,000 14,000
<br /> Non-riparian lot 14,000 14,000 14,000 (lor R-1 DieVict)
<br /> 11,000 (lor R-2, R-3 end
<br /> R-4 Dietriqe)
<br /> Minimum water irontage
<br /> and width et buildinp
<br /> iine (n.) >zs 75 75
<br /> Structure minimum
<br /> setback from Ordinary
<br /> Hiph Water Mark (fl.) 150 75 75
<br /> Struaure minimum 40 for R-1, R•2, R-3, and R-4 Districts
<br /> setback (rom streets 50 for &1, &2, and I-2 Dietricts
<br /> and hiphways (fl.) 55 lor I-1 District
<br /> Structure meximum 35 lor R-1, R-2, R-3, R-4, &1, B-2 and I-1 Districta
<br /> heighta (R.) 45 for I-2 Distria
<br /> Maximum lot area 35 for R-1, R-2, R3 and R-4 Diatricts
<br /> covered by impervioue 85 for I•1 Distrid
<br /> auAace 75 for 8-1, &2, and I•2 Districts ~
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