91-023 ORD
.
.
.
CITY OF ELK RIVER
SUMMARY OF SHORELAND MANAGEMENT ORDINANCE
ORDINANCE 91-23
RESOLUTION 91- 69
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
ORDINANCE 91-23
The City Council of the City of Elk River hereby amends Section
904 of the Elk River Code of Ordinances titled "Shoreland
Management Ordinance" and does ordain as follows:
The City of Elk River has adopted a Shoreland Management
Ordinance replacing the Shore land Management regulations
previously contained in the Elk River Zoning Ordinance. The
Shore land Management Ordinance regulates development of
property within the shore land district which is defined as
property within 1,000 ft. of the ordinary high water level of a
DNR Protected lake, pond or flowage and 300 ft. from a river or
stream or the landward extent of the des igna ted floodplain,
whichever is greater.
The Shore land Management Ordinahce adopts a shore land
class if ication system for identifying protected water bodies.
The ordinance also adopts setbacks for structures and sewage
treatment systems as well as lot size and width standards
within the shoreland district. The Shore land Management
Ordinance adopts the Minnesota Pollution Control Agency's
Individual Sewage Treatment System Standards Chapter 7080 and
sets forth standards and procedures for dealing with
nonconforming septic systems. This ordinance also gives the
City of Elk River the authority to review Planned Unit
Development proposals and sets forth procedures and criteria
which must be followed in reviewing such requests.
The ordinance designates the Zoning Administrator as the
official responsible to administer and enforce the Shoreland
Hanagement Ordinance. This ordinance requires a permi t before
shoreland alterations, placement of fill, or excavation can be
done within the shore land district and sets forth procedures
and requirements for obtaining such permits. Standards are
also set forth for mineral excavation, forestry and
agricultural uses. The ordinance further establishes standards
and procedures for obtaining variances and conditional use
permits within the shore land district. The ordinance also
regulates nonconforming uses and nonconforming legal lots of
record within the shoreland district and establishes penalties
for violations of the Shore 1 and Management Ordinance.
A copy of the full text of the Shore land Management Ordinance
is available for inspection by any person at the office of the
Elk River City Clerk during normal business hours.
.
.
.
Ordinance passed and adopted the 18th day of November I 1991.
This resolution of notice of publication passed and adopted
this 25th day of November, 1991. Effective upon publication.
~ i~~ /1 -Z::CM
James A. TraIlel Mayor
ATTEST:
~~l?V~
Patrick D. Klaers, City Administrator
.
.
.
SECTION 904- SHORELAND MANAGEMENT ORDINANCE
904.00 - STATUTORY AUTHORIZATION & POLICY
1. Statutorv Authorization- This shore land 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 462.
2. Statement of Purpose - The uncontrolled use of
shore lands of the City of Elk River, 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 shore lands 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 shore lands 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 City of Elk River.
904.02 - GENERAL PROVISIONS AND DEFINITIONS
1. Jurisdiction - The provisions of this Ordinance shall
apply to the shore lands of the pUblic water bodies as defined
in Section 904.02(7) and as classified in Section 904.06 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 need be regulated in a local
government's shoreland regulations. A body of water created by
a private user where there was no previous shore land may, at
the discretion of the governing body, be exempt from this
Ordinance.
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 shore 1 and vegetation; and
the subdivision of land shall be in full compliance with the
terms of this Ordinance and other applicable regulations.
3. Enforcement - The City of Elk River 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 outlined in Section
900.46 and as defined by Minnesota Rules and Statutes.
Violations of this Ordinance can occur regardless of whether or
9.146
.
.
.
not a permit is required for a regulated activity pursuant to
Section 904.04(1) of this Ordinance.
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 governing body and shall not be deemed a
limitation or repeal of any other powers granted by State
Statutes.
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.
6. Abroqation 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.
7. Definitions- For the purpose of this Ordinance, 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 of
this Ordinance, the words "must" and "shall" are mandatory and
not permissive. All distances, unless otherwise specified,
shall be measured horizontally.
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):
a. Part or all of the feature is located in a shore land
area;
b. The slope rises at least 25 feet above the ordinary
high water level of the waterbody.
c. 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
d. ~he slope shall drain toward the waterbody.
BLUFF IMPACT ZONE: "Bluff impact zone" means a bluff and land
located within 20 feet from the top of a bluff.
COMMERCIAL PLANNED UNIT DEVELOPMENT: "Commercial planned
unit developments" are typically uses that provide transient,
short-term lodging spaces, rooms, or parcels and their
9.147
.
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.
COMMERCIAL USE: "Commercial use" means the principal use
of land or buildings for the sale, lease, rental, or trade of
products, goods, and services.
COMMISSIONER: "Commissioner" means the commissioner of the
Department of Natural Resources.
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 thirty inches
above ground.
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.
.
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 time-share accommodations such as motel, hotel, rooms
and cabins.
HARDSHIP: "Hardship" means the same as that term is defined
in Minnesota Statutes, Chapter 462.
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.
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.
INTENSIVE VEGETATION CLEARING: "Intensive vegetation
clearing" means the complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
.
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
9.148
.
.
.
reservoirs and flowages, the ordinary high water level is the
operating elevation of the normal summer pool.
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.
PUBLIC WATERS: "Public waters" means any waters as defined
in Minnesota Statutes, section 1036.005 subdivisions 15 and 18.
RESIDENTIAL PLANNED 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 planned unit developments. To qualify as a
residential planned unit development, a development shall
contain at least five dwelling units sites.
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 904.08(8) of this Ordinance.
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.
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.
SHORELAND: "Shoreland" means land located within the
following distances from public waters: 1,000 feet from the
ordinary high water level of the 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 shore lands 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.
9.149
.
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.
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 slopes over 12 percent, as measured over
horizontal distances of 50 feet or more, that are not bluffs.
.
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.
TOE OF THE BLUFF: "Toe of the bluff" means the lower point
of a 50 foot segment with an average slope exceeding 18 percent.
TOP OF THE BLUFF: "Top of the bluff" means the higher point
of a 50-foot segment with an average slope exceeding 18 percent.
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.
WETLAND: "Wetland" means a surface water feature classified
as a wetland in the United States Fish and Wildlife Service
Circular No. 39 (1971 edition).
904.04 - ADMINISTRATION
1.
Permits Required
.
a. A permit is required for the construction of
buildings or building additions (and including such
related activities as construction of decks and signs),
9.150
.
the installation and/or alteration of sewage treatment
systems, and those grading and filling activities not
exempted by Section 904.08(3) of this Ordinance.
Application for a permit shall be made to the Building and
Zoning Administrator on the forms provided. The
application shall include the necessary information so
that the Building & Zoning Administrator can determine the
site's suitability for the intended use and that a
compliant sewage treatment system will be provided.
b. Permits shall stipulate that any identified
nonconforming sewage treatment system, as defined by
Section 904.08(8) shall be reconstructed or replaced in
accordance with the provisions of this Ordinance.
2. Certificate of Zoninq Compliance - The Building and
Zoning Administrator shall issue a certificate of zoning
compliance for each activity requiring a permit as specified in
904.04(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 of
this Ordinance and shall be punishable as provided in Section
904.02(3) of this Ordinance.
3 .
Variances
.
a. Variances may be considered for deviations from the
strict application of the standards set forth in this
Ordinance. Variances may only be granted in accordance
with Minnesota Statutes, Chapter 462 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.
Variances may be granted subject to the findings and
standards as required by Section 900.40. Additionally,
when considering a variance request in shore land areas,
the Board of Adjustment shall also consider the following:
i. whether the property owner has reasonable use of
the land without the variance;
ii. whether the property is used seasonally or
year-round;
iii. whether the variance is being requested solely
on the basis of economic considerations; and
.
iv. the characteristics of development on adjacent
properties.
9.151
.
.
.
b. Additional Standards for Nonconforming Sewage
Treatment Systems. For existing developments, the
application for a variance shall clearly demonstrate
whether a conforming sewage treatment system is present
for the intended use of the property. The variance, if
issued, shall require reconstruction of a nonconforming
sewage treatment system.
c. 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 904.04(4)(b) 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.
4.
Notifications to the Department of Natural Resources
a. Copies of all notices of any public hearings to
consider variances, amendments, or conditional uses under
local shoreland management controls shall 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 shall include copies of the
sUbdivision/plat.
b. A copy of approved amendments and
subdivisions/plats, and final decisions granting variances
or conditional uses under local shore land management
controls shall be sent to the commissioner or the
commissioner's designated representative and postmarked
within ten days of final action.
904.06 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE
DISTRICTS
1. Shoreland Classification System - The pUblic waters of
the City of Elk River have been classified below consistent
with the criteria found in Minnesota Regulations, Part
6120.3300, and the Protected Waters Inventory Map for Sherburne
County, Minnesota on file with the Sherburne County
Administrative Offices.
a. The Shoreland area for the waterbodies listed below
shall.be defined in Section 904.02(7) and as shown on an
overlay map which is available at the Elk River City Hall.
9.152
b. Lakes
.
i.Natural Environmental Lakes
Protected Water
Inventory I.D.#
(1) Twin Lake 71-1p
Section 24, Township 33, Range 26
(2) Kliever Marsh 71-3w
Sections 1&2, Township 32, Range 26
(3) Unnamed 71-4
Section 2, Township 33, Range 26
(4) Unnamed 71-5w
Section 12, Township 33, Range 26
(5) Unnamed 71-6
Sections 12, 13, Township 33, Range 26
(6) Unnamed 71-7w
Section 1, Township 33, Range 26
(7) Eagle Lake 71-8
Sections 13 & 14, Township 33, Range 26
.
(8) Unnamed 71-9
Sections 16 & 17, Township 33, Range 26
( 9 ) Unnamed 71-11w
Section 23, Township 33, Range 26
(10) Rice Lake 71-15
Section 4, Township 33, Range 26
(11) Unnamed 71-171w
Section 15, Township 33, Range 26
(12) Unnamed 71-238w
Section 25, Township 33, Range 26
(13) Unnamed 71-241
Section 14, Township 33, Range 26
(14) Unnamed 71-265
Section 20, Township 33, Range 26
(15) Unnamed 71-280
Section 7, Township 33, Range 26
(16) Unnamed 71-368W
Section 12, Township 33, Range 26
.
9.153
.
ii. General Develooment Lakes
Protected Waters
Inventory ID#
(1) Orono Lake 71-13
Sections 29-33, Township 33, Range 26
c. Rivers and Streams
i .
Urban Rivers
Legal Descriotion
(1) Elk River
FROM: North Section Line,
S22, T33, R27
TO: Confluence with
Mississippi River
S4, T32, R26
ii. Tributary Streams
Legal Description
(1) Trott Brook
FROM: 82, T33, R26
TO: S12, T32, R26
(2) Unnamed to
Orono Lake
FROM: S20, T33, R26
TO: S32, T33, R26
FROM: S5, T33, R26
TO: S6, T33, R26
(3) Tibbits Brook
.
iii. Wild & Scenic River
(1) Mississippi River
(see section 906 ).
2. Shoreland Overlay District
a. Purpose - The purpose of the Shore land Overlay
District is to provide for the wise development of the
shore lands of the City of Elk River, to preserve and
enhance the quality of surface waters, and to preserve the
economic and natural values of shore land areas.
b. Overlay Concept - The shoreland areas of the City
of Elk River shall be treated as an Overlay District. All
Permitted, Conditional and Prohibited Uses as specified by
the applicable underlying Zoning District shall apply.
These Districts are shown on the Zoning Map, and the uses
are described in Section 900.12 of the Zoning Ordinance.
In addition, land use patterns within the shore 1 and areas
shall be consistent with the City of Elk River's Growth
Management Plan.
.
c. Rezoning - In reviewing proposals to rezone any
land located within Shoreland areas the City shall assure
that the proposed Zoning District is consistent with the
following criteria, considerations, and objectives:
9.154
i.
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 shore land
areas; and
(11) the necessity to preserve and restore
certain areas having significant historical or
ecological value.
ii.
Factors and Criteria for planned Unit
Developments:
.
(1) existing recreational use of the surface
waters 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.
904.08 -ZONING AND WATER SUPPLY/SANITARY PROVISIONS
1. Lot Area and Width Standards.
The following standards shall apply to all shore lands of the
protected waters listed in Section 904.06. Where the
requirements of the underlying zoning district as shown on the
official zoning map are more restrictive than those set forth
herein, the more restrictive standards shall apply. 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 shall be as follows:
.
9.155
a. Lakes CUnsewered Areas)
.
i.
Natural Environment:
Riparian Lots
Area Width
Nonriparian
Area Width
Single
200'
2-1/2 Acres 200'
2-1/2 Acre
ii. General Development:
Single
Riparian Lots
AreaCsq.ft. )
1 Acre
Width
160'
b. Lakes CSewered Areas)
i. General Development
Riparian Lots
AreaCsq.ft.) Width
Single
Duplex
Triplex
Quad
15,000
26,000
38,000
49,000
80'
135'
195'
255'
Nonriparian Lots
Area(sq.ft.) Width
1 Acre 160'
Nonriparian Lots
Area(sq.ft. ) Width
10,000
17,500
25,000
32,500
80'
135'
190'
245'
c. River/Stream Lot Width Standards. There are
nominimum lot size requirements for rivers and streams
except as specified in the underlying zoning district.
The lot width standards for single family residential
developments shall be as follows:
.
i. Urban & Tributary
No Sewer
Single 160'
d. Additional Special Provisions.
Sewer
80'
i. Residential subdivisions with dwelling unit
densities exceeding those in the tables in Section
904.08(1) may only be allowed if designed and
approved as residential planned unit developments
under Section 904.14 of this Ordinance and Section
900.12 of the Zoning Ordinance. Only land above the
ordinary high water, level of public waters may be
used to meet lot area standards, and lot width
standards shall be met at both the ordinary high
water level and at the building line. The sewered lot
area dimensions in Section 904.08(1) may only be used
if publicly owned sewer system is available to the
property.
.
ii. Lots intended as controlled accesses to public
waters or as recreation areas for use by only the
owners of nonriparian lots within subdivisions are
9.156
.
permissible and shall meet or exceed the following
standards:
(1) lots shall 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) shall 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
15
10
5
(3) Lots shall 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) Recorded covenants or other equally
effective legal instruments 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
shall 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
nonsignificant conflict activities include
swimming, sunbathing, or picnicking. The
covenants shall 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 shall
require centralization of all common facilities
and activities in the most suitable locations on
the lot to minimize topographic and vegetation
alterations. They shall also require all parking
9.157
.
.
.
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.
2.
Placement, Design, and Heiqht of Structures.
a. Placement of Structures on Lots. When more than one
setback applies to a site, structures and facilities shall
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:
i. Structure and On-site Sewage System Setbacks (in
feet) from Ordinary High Water Level
Setbacks *
Classes of
Public Structures
Waters Unsewered Sewered
Sewage Treatment
System
Lakes
Natural
Environment
150'
150'
150'
General
Development
75'
50'
50'
Rivers
Urban and
Tributary
100'
50'
75'
* One water-oriented accessory structure designed in
accordance with Section 904.08(2)(b) of this
Ordinance may be set back a minimum distance of ten
(10) feet from the ordinary high water level.
11. 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;
(2) unplatted cemeterYi
30'
50'
iii. Bluff Impact Zones. Structures and accessory
facilities, except stairways and landings, shall not
9.158
.
.
.
be placed within bluff impact zones.
iv. Uses Without Water-oriented Needs. Commercial,
industrial, public and semi-public uses without
water-oriented needs shall be located on lots or
parcels without public waters frontage, or, if
located on lots or parcels with public waters
frontage, shall 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.
b.
Design Criteria For Structures.
i. High Water Elevations. Structures shall 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 shall
be determined as follows:
(1) 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
highest known water level.
(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-resistent 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.
ii. Water-oriented Accessory Structures. Each lot
may have one water-oriented accessory structure not
meeting the normal structure setback in Section
904.08(2)(a) of this Ordinance if this
water-oriented accessory structure complies with the
following provisions:
(1) the structure or facility shall not exceed
ten feet in height, exclusive of safety rails,
and cannot occupy an area greater than 250
square feet. Detached decks shall not exceed
eight feet above grade at any point.
(2) the setback of the structure or facility
from the ordinary high water level shall be at
least ten feet;
9.159
.
(3) the structure or facility shall 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 shall not be enclosed or used as a
storage area;
(5) the structure or facility shall not be
designed or used for human habitation and shall
not contain water supply or sewage treatment
facilities; and
(6) as an alternative for general 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.
.
iii. Performance Standards for Stairways, Lifts, and
Landinqs. Stairways and lifts are the preferred
alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes
to shore area. If stairways, and lifts, and landings
meet the following design requirements they shall not
be considered a water oriented accessory structure,
however, they may be required to receive a building
permit.
(1) stairways and lifts shall 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 shall 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;
9.160
.
(5) stairways, lifts, and landings shall 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 subitems (1) to (5) are
complied with in addition to the requirements of
Minnesota Regulations Chapter 1340.
iv. 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.
.
v. Steep Slopes - The Building and Zoning
Administrator shall 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 shall 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.
c. Height of Structures- All structures in city
residential districts, except churches and nonresidential
agricultural structures, shall not exceed 30 feet in
height.
3. Shoreland Alterations - Alterations of vegetation and
topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve shore land aesthetics, preserve
historic values, prevent bank slumping, and protect fish and
wildlife habitat.
a. Vegetation Alterations.
i. Vegetation alteration necessary for the
construction of structures and sewage treatment
systems and the construction of roads and parking
areas regulated by Section 904.08(4) of this
Ordinance are exempt from the vegetation alteration
standards that follow.
.
11. Removal or alteration of vegetation, except for
agricultural and forest management uses as regulated
in Sections 904.0B(6){b) and 904.08(6)(c)
9.161
respectively, is allowed subject to the following
standards:
.
(1) Intensive vegetation clearing within the
shore and bluff impact zones and on sleep slopes
is not allowed. Intensive vegetation clearing
for forest land conversion to another use
outside of these areas may be permitted as a
conditional use subject to the standards set
forth in Section 904.08(7) 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 of trees 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 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;
(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.
b. Topoqraphic Alterations/Gradinq and Filling
i. Permit Required - Notwithstanding Items ii.
and iii. below, a grading and filling permit shall be
required for the movement of more than one hundred
(100) square feet of material one (1) foot in depth.
.
11. 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 shall be incorporated into
the issuance of permits for construction of
structures, sewage treatment systems, and driveways.
9.162
iii. Public roads and parking areas are regulated by
Section 904.08(4) of this Ordinance.
.
iv. The following considerations and conditions
shall 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 shall be evaluated to
determine how extensively the proposed activity
would affect the following functional qualities
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
.
(f) noteworthiness, including special
qualities such as historic significance,
critical habitat for endangered plants and
animals, or others.
*This evaluation shall 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 shall 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 shall be used,
where necessary, for temporary bare soil
coverage, and a permanent vegetation cover shall
be established as soon as possible;
.
(4) Methods to minimize soil erosion and to trap
sediments before they reach any surface water
feature shall be used;
9.163
.
.
(5) Altered areas shall 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 shall not be
placed in a manner that creates an unstable
slope;
(7) Plans to place fill or excavated material on
steep slopes shall be reviewed by qualified
professionals for continued slope stability and
shall not create finished slopes which are
greater than 4 to 1 (4 feet horizontal to 1 foot
vertical);
(8) Fill or excavated material shall not be
placed in bluff impact zones;
(9) Any alterations below the ordinary high
water level of public waters shall first be
authorized by the commissioner under Minnesota
Statutes, section 105.42;
(lO)Alterations of topography shall 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 and
placement of a filter blanket, shall be allowed
without a permit if the finished slope does not
exceed four feet horizontal to one foot
vertical, the landward extent of the riprap is
within ten feet of the ordinary high water level
and does not extend five feet below the ordinary
high water level, and the height of the riprap
above the ordinary high water level does not
exceed three feet. A permit shall be required
for placement of riprap which exceeds these
standards.
4. Placement and Design of Roads, Driveways, and Parkinq
Areas
.
a. Public and private roads and parking areas shall be
designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from
public waters. Documentation shall 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.
9.164
.
b. Roads, driveways, and parking areas shall meet
structure setbacks and shall not be placed within bluff
and shore impact zones.
c. 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 904.08(3)(b) of this Ordinance shall
be met.
5. Stormwater Manaqement
The following general and specific standards shall apply:
a. General Standards:
i. When possible, existing natural drainageways,
wetlands, and vegetated soil surfaces shall be used
to convey, store, filter, and retain stormwater
runoff before discharge to public waters.
.
ii. Development shall 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
shall be stabilized and protected as soon as possible
and facilities or methods used to retain sediment on
the site.
iii. 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 shall be given to designs using
surface drainage, vegetation, and infiltration rather
than buried pipes and man-made materials and
facilities.
b.
Specific Standards:
.
i. Impervious surface coverage of lots shall not
exceed 25 percent of the lot area. In lieu of meeting
this impervious surface requirement, a property may
submit a storm water drainage plan to the City for
review and approval which restricts the developed 5
year frequency event peak discharged to a rate no
greater than the 5 year historic undeveloped peak
discharge. To the maximum extent possible, the
drainage plan must also provide for methods of runoff
settlement and/or filtration prior to discharge to
the receiving water.
9.165
.
ii. When constructed facilities are used for
stormwater management, documentation shall 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.
iii. New constructed stormwater outfalls to public
waters shall provide for filtering or settling of
suspended solids and skimming of surface debris
before discharge.
6. Special Provisions for Commercial, Industrial,
PUblic/Semipublic, Agricultural, Forestry and Extractive Uses
and Mining of Metallic Minerals and Peat.
a. Standards for Commercial, Industrial, Public, and
Semipublic Uses.
i. 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 shall
meet the following standards:
.
(1) in addition to meeting impervious coverage
limits, setbacks, and other zoning standards in
this Ordinance, the uses shall be designed to
incorporate topographic and vegetative screening
of parking areas and structures;
(2) uses that require short-term watercraft
mooring for patrons shall 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
provisions of section 900.22 and 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) no signs may be placed within the
shore impact zone or bluff impact zone.
9.166
.
(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.
Aqriculture Use Standards.
i. 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.
11. Animal feedlots shall meet the following
standards:
.
(1) new feedlots shall not be located in the
shoreland of watercourses or in bluff impact
zones and shall 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.
c. Forest Manaqement Standards - The harvesting of
timber and associated reforestation shall 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" a copy of which is available
through the Minnesota Department of Natural Resources.
d.
Extractive Use Standards
.
i. Site Development and Restoration Plan. An
extractive use site development and restoration plan
shall be developed, approved, and followed over the
course of operation of the site, pursuant to Section
720 of the Elk River Code of Ordinances. The plan
9.167
.
shall address dust, noise, possible pollutant
discharges, hours and duration of operation, and
anticipated vegetation and topographic alterations.
It shall also identify actions to be taken during
operation to mitigate adverse environmental impacts,
particularly erosion, and shall clearly explain how
the site will be rehabilitated after extractive
activities end.
ii. Setbacks for Processing Machinery. Processing
machinery shall be located consistent with setback
standards for structures from ordinary high water
levels of public waters and from bluffs.
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 as set forth in Section 900.42. The following
additional evaluation criteria and conditions shall be
considered in evaluating conditional use permit requests within
shore land areas:
a. Evaluation criteria - A thorough evaluation of the
waterbody and the topographic, vegetation, and soils
conditions on the site shall be made to ensure:
.
i. the prevention of soil erosion or other
possible pollution of public waters, both during and
after constructioni
11. the visibility of structures and other
facilities as viewed from public waters is limited.
iii. the site is adequate for water supply and
on-site sewage treatmenti and
iv. 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.
b. Conditions attached to conditional use permits.
The City of Elk River 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:
i. increased setbacks from the ordinary high water
leveli
.
11. limitations on the natural vegetation to be
removed or the requirement that additional vegetation
be plantedi and
9.168
.
.
.
iii. Special prOV1Slons for the location, design,
and use of structures, sewage treatment systems,
watercraft launching and docking areas, and vehicle
parking areas.
8.
Water Supply and Sewage Treatment
a. Water Supply - Any public or private supply of
water for domestic purposes shall meet or exceed standards
for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
b. Sewaqe treatment - Any premises used for human
occupancy shall be provided with an adequate method of
sewage treatment, as follows:
i. Publicly-owned sewer systems shall be used
where available.
ii. All private sewage treatment systems shall 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.
iii. On-site sewage treatment systems shall be set
back from the ordinary high water level in accordance
with the setbacks contained in Section 904.08(2)(a)
of this Ordinance.
iv. All proposed sites for individual sewage
treatment systems shall be evaluated in accordance
with the criteria in subitems (1)-(4). It shall 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;
v. Nonconforming sewage treatment systems shall be
regulated and upgraded in accordance with Section
904.10(3) of this Ordinance.
9.169
904.10 - 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 the City of
Elk River 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
shore land areas:
1. Construction on nonconforminq lots of record.
a. Lots of record in the office of the county recorder
on the date of enactment of local shore 1 and controls that
do not meet the requirements of Section 904.08 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. If setback requirements can not be met, a variance
shall 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
requirement of Section 904.08(1) of this Ordinance the lot
shall not be considered as a separate parcel of land for
the purposes of sale or development. The lot shall be
combined with the one or more contiguous lots so they
equal one or more parcels of land, each meeting the
requirements of Section 904.08(1) of this Ordinance as
much as possible.
2. Additions/expansions to nonconforming structures
a. All additions or expansions to the outside
dimensions of an existing nonconforming structure shall
meet the setback, height, and other requirements of
Section 904.08 of this Ordinance. Any deviation from
these requirements shall be authorized by a variance
pursuant to Section 904.04(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:
9.170
.
i. the structure existed on the date the structure
setbacks were established;
ii. 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;
iii. 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
iv. the deck is constructed primarily of wood, and
is not roofed or screened.
3 .
Nonconforminq sewaqe treatment systems
.
a. A sewage treatment system not meeting the
requirements of Section 904.08(8) of this Ordinance shall
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.
904.12 - SUBDIVISION/PLATTING PROVISIONS
1. Land Suitability - Each lot created through subdivision
including planned unit developments authorized under Section
904.14 of this Ordinance, shall be suitable in its natural
state for the proposed use with minimal alteration.
Suitability analysis by the City of Elk River 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.
.
2. Consistency with other controls - Subdivisions shall
conform to all official controls of the City of Elk River. 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 904.08(2) and
904.08(8) can be provided for every lot. Each lot shall meet
the minimum lot size and dimensional requirements of Section
9.171
.
904.08(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 shall not be approved.
3. Information Requirements - Sufficient information shall
be submitted by the applicant according to Section 1008.10 for
the community to make a determination of land suitability. In
addition the following information shall be provided in
shore land districts:
a. 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;
b. 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;
c. location of 100-year flood plain areas and floodway
districts from existing adopted maps or data; and
.
d. a line or contour representing the ordinary high
water level as established by the Minnesota Department of
Natural Resources, the "toe" and the"top" of bluffs, and
the minimum building setback distances from the top of the
bluff and the lake or stream.
4. Dedications - When a land or easement dedication is a
condition of subdivision approval, the approval shall provide
easements over natural drainage or ponding areas for management
of stormwater and significant wetlands.
5. 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 shall
meet or exceed the sizing criteria in Section 904.08(1)(d) of
this Ordinance.
904.14 - PLANNED UNIT DEVELOPMENTS (PUD's)
1. Types of PUD's Permissible - Planned Unit Developments
(PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of
existing buildings and land.
.
2. Processinq of PUD's - Planned unit developments shall be
processed as a conditional use pursuant to Section 900.12 of
the Zoning Ordinance. If an EAW or EIS is required, approval
of the PUD cannot occur until the environmental review process
is complete.
9.172
.
.
.
3. Application for a PUD - The applicant for a PUD shall
submit the following documents as a part of the application:
a. 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 two-foot intervals or less. When
a PUD is a combined commercial and residential
development, the site plan and/or plat shall indicate and
distinguish which buildings and portions of the project
are residential, commercial, or a combination of the two.
b. A property owners association agreement (for
residential PUD's) with mandatory membership, and all in
accordance with the requirements of Section 904.14(5)(c)
of this Ordinance.
c. 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 904.14(5) of this Ordinance.
d. When necessary, a master plan/drawing describing the
project and the floor plan for all commercial structures
to be occupied.
e. Those additional documents as requested by the
Building and Zoning Administrator that are necessary to
explain how the PUD will be designed and will function.
4. Site "Suitable Area" Evaluation - Proposed new or
expansions to existing planned unit developments shall be
evaluated using the fOllowing procedures and standards to
determine the suitable area for the dwelling unit/dwelling site
density evaluation in Section 904.14(5) and 904.14(6).
a. The project parcel shall 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
200'
200'
267'
200'
9.173
.
.
.
Natural environment lakes
All river classes
400'
300'
320'
300'
b. 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 commerical
planned unit development density evaluation steps to
arrive at an allowable number of dwelling units or sites.
5. Residential PUD Density Evaluation - The procedures for
determining the "base" density of a residential PUD and density
increase multipliers are as follows:
a. Residential PUD "Base" Density Evaluation:
i. The suitable area within each tier is divided by
the single residential lot size standard 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 904.14(5)(b).
ii. Determine whether the project is eligible for
any density increases. To be eligible, projects
shall meet all of the design standards in item b
below and exceed one or more of them. The City may
decide how much, if any, increase in density to allow
for each tier, but shall not exceed the maximum
allowable density increases listed in the following
table:
Maximum Allowable Dwelling Unit or Site
Density Increases for Residential
Planned Unit Developments
Density evaluation tiers
Maximum density increase
within each tier(percent)
50
100
200
200
200
First
Second
Third
Fourth
Fifth
iii. Allowable densities may be transferred from any
tier to any other tier further from the shore land
lake or river, but shall not be transferred to any
other tier closer.
b.
The design criteria are:
i. All residential planned unit developments shall
contain at least five dwelling units or sites.
9.174
.
ii. Residential planned unit developments shall
contain open space meeting all of the following
criteria:
(1) At least 50 percent of the total project
area shall be preserved as open space.
(2) Dwelling units or sites, road rights-of-way,
or land covered by road surfaces, parking areas,
or structures I except water-oriented accessory
structures or facilities, are developed areas
and shall not be included in the computation of
minimum open space.
(3) Open space shall include areas with physical
characteristics unsuitable for development in
their natural state, and areas containing
significant historic sites or unplatted
cemeteries.
(4) Open space may include outdoor recreational
facilities for use by owners of the dwelling
units or sitesl or the public.
.
(5) The shore impact zone, based on normal
structure setbacks, shall be included as open
space. 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 shall be preserved in their natural
or existing state.
(6) Open space shall not include Commericial
facilities or uses, but may contain
water-oriented accessory structures or
facilities.
(7) The appearance of open space areas including
topography I vegetation, and allowable uses,
shall be preserved by use of restrictive deed
covenants, permanent easements, public
dedication and acceptance, or other equally
effective and permanent means.
(8) Open space may include subsurface sewage
treatment systems if the use of the space is
restricted to avoid adverse impacts on the
systems.
111. Centralization and design of facilities and
structures shall be done according to the following
standards:
.
(1) Residential planned unit developments shall
be connected to publicly owned water supply and
sewer systemsl if available. On-site water
9.175
.
supply and sewage treatment systems shall be
centralized and designed and installed to meet
or exceed applicable standards or rules of the
Minnesota Department of Health and Sections
904.08(2) and 904.08(8). On-site sewage
treatment systems shall be located on the most
suitable areas of the development, and
sufficient lawn area free of limiting factors
shall be provided for a replacement soil
treatment system for each sewage system.
.
(2) Dwelling units or sites shall be clustered
into one or more groups and located on suitable
areas of the development. They shall be
designed and located to meet or exceed the
following dimensional standards for the relevant
shore land classification: setback from the
ordinary high water level, elevation above the
surface water features, and maximum height.
Setbacks from the ordinary high water level
shall be increased for developments with density
increases. Maximum density increases may 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 City and the setback is at
least 25 percent greater than the minimum
setback.
(3) Shore recreation facilities, including but
not limited to swimming areas, docks, and
watercraft mooring areas and launching ramps
shall be centralized and located in areas
suitable for them. Evaluation of suitability
shall 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
shall not exceed one for each allowable dwelling
unit or site in the first tier. 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 shall 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 City, assuming summer, leaf-on conditions.
9.176
.
(5) Water-oriented accessory structures and
facilities may be allowed if they meet or exceed
design standards contained in Section 904.08(2),
and are centralized.
(6) Accessory structures and facilities may be
allowed if they meet or exceed standards in
Section 904.08 and are centralized.
iv. Erosion control and stormwater management for
residential planned unit developments shall:
(1) Be designed, and their construction managed,
to minimize the likelihood of serious erosion
occurring either during or after construction.
This shall 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 shall 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.
.
(2) Be designed and constructed to effectively
manage reasonably expected quantities and
qualities of stormwater runoff.
c. Administration and Maintenance Requirements -
Before final approval of all residential planned unit
developments, the City shall ensure adequate provisions
have been developed for preservation and maintenance in
perpetuity of open spaces and for the continued existence
and functioning of the development as a community.
i. Open Space Preservation - Deed restrictions,
covenants, permanent easements, pUblic dedication and
acceptance, or other equally effective and permanent
means shall be provided to ensure long-term
preservation and maintenance of open space. The
instruments shall include all of the following
protections:
(1) Commercial uses prohibited;
(2) vegetation and topographic alterations other
than routine maintenance prohibited;
(3) construction of additional buildings or
storage of vehicles and other materials
prohibited; and
.
(4) uncontrolled beaching prohibited.
9.177
.
.
.
ii. All residential planned unit developments shall
use an owners association with the following features:
(1) Membership shall be mandatory for each
dwelling unit or site purchaser and any
successive purchasers.
(2) Each member shall pay a pro rata share of
the association's expenses, and unpaid
assessments can become liens on units or sites.
(3) Assessments shall be adjustable to
accommodate changing conditions.
(4) The association shall be responsible for
insurance, taxes, and maintenance of all
commonly owned property and facilities.
d.
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:
i. Proposed conversions shall be initially
evaluated using the same procedures and standards
presented in this part for developments involving all
new construction. Inconsistencies between existing
features of the development and these standards shall
be identified.
ii. Deficiencies involving water supply and sewage
treatment, structure color, impervious coverage, open
space, and shore recreation facilities shall be
corrected as part of the conversion or as specified
in the conditional use permit.
iii. Shore and bluff impact zone deficiencies shall
be evaluated and reasonable improvements made as part
of the conversion. These improvements shall 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 shall be
attached to approvals of conversions that
preclude exterior expansions in any dimension or
substantial alterations. The conditions shall
also provide for future relocation of dwelling
9.178
.
units, where feasible, to other locations,
meeting all setback and elevation requirements
when they are rebuilt or replaced.
iv. Existing dwelling unit or dwelling site
densities that exceed standards in this part may be
allowed to continue but shall not be allowed to be
increased, either at the time of conversion or in the
future. Efforts shall 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.
6. Commercial planned unit development density evaluation
steps and desiqn criteria. The density evaluation steps and
design criteria for commerical planned unit developments are
contained in items a and b:
a.
Density evaluation steps:
i. 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.
.
11. Select the appropriate floor area ratio from the
following table:
Commercial Planned Unit Development
.
Average
unit floor
area (sq.
ft. )
200
- 300
400
500
600
700
800
900
1,000
Floor Area Ratios*
Public Waters Classes
Sewered
general
development
lakes, urban,
tributary
river
segments
Second
additional tiers
on unsewered
general
development
lakes
Natural
environment
lakes
.040
.048
.056
.065
.072
.082
.091
.099
.108
.020
.024
.028
.032
.038
.042
.046
.050
.054
.010
.012
.014
.016
.019
.021
.023
.025
.027
9.179
1,100 .116 .058 .029
. 1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
1,500 .150 .075 .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 if unknown, the ratio listed
for 1,000 square feet.
iii. Multiply the useable 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.
iv. Divide the area computed in subitem iii. by the
average determined in subitem i. This yields a base
number of dwelling units and sites for each tier.
.
v. Determine whether the project is eligible for
any additional density increases. To be eligible,
projects shall meet all of the design standards in
item b below and exceed one or more of them. The
City may decide how much, if any, increase in density
to allow for each tier, but shall not exceed the
maximum allowable density increases listed in the
following table:
Maximum Allowable Dwelling Unit Or Site
Density Increases for Commercial
Planned Unit Developments
Tier
Maximum density increase
within each tier
(percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
vi. Allowable densities may be transferred from any
tier to any other tier further from the shore land
lake or river, but shall not be transferred to any
other tier closer.
.
b.
The design criteria are:
9.180
.
i. Open space. Commercial planned unit
developments shall contain open space meeting all of
the following criteria:
(1) At least 50 percent of the total project
area shall be preserved as open space.
(2) Dwelling units or sites, road rights-of-way,
or land covered by road surfaces, or parking
areas, except water-oriented accessory
structures or facilities, are developed areas
and shall not be included in the computation of
open space.
(3) Open space shall include areas with physical
characteristics unsuitable for development in
their natural state, and areas containing
significant historic sites or unplatted
cemeteries.
(4) All shore impact zones within commercial
planned unit developments shall be included as
open space, and at least 50 percent of these
areas shall be preserved in their natural or
existing state.
.
(5) Open space may include outdoor recreation
facilities for use by guests staying in dwelling
units or sites, or the public.
(6) Open space may include subsurface sewage
treatment systems if use of the space is
restricted to avoid adverse impacts on the
systems.
ii. Design of sttuctures"and facilities shall be
done according to the following standards:
(1) Commercial planned unit developments shall
be connected to publicly owned water supply and
sewer systems, if available. On-site water
supply~pd sewage treatment system,s shall be
designed 'and installed to meet or' exceed
applicable rules of the Minnesota Department of
Health and Sections 904.08(2) and 904.08(8) of
this Ordinance. On-site sewage treatment
systems shall be located on the most suitable
areas of the development, and sufficient lawn
area free of limiting factors shall be provided
for a replacement soil treatment system for each
sewage system.
.
(2) Dwelling units or sites shall be located on
suitable areas of the development. They shall
be designed and located to meet or exceed the
following dimensional standards for the relevant
9.181
.
shore land classification: setback from the
ordinary high water level, elevation above
surface water features, and maximum height.
Maximum density increases may 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
other means acceptable to the City and the
setback is at least 25 percent greater than the
minimum setback.
(3) Structures, parking areas, and other
facilities shall be designed and located in a
manner that minimizes their visibility from
surface water features, assuming summer, leaf-on
conditions. The structure, dwelling unit,
accessory structure, or parking area shall be
treated to reduce visibility as viewed from
public waters and adjacent shore lands 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 shall be preserved, if existing, or
may be required to be provided.
.
(4) Water -oriented accessory structures and
facilities may be located within shore impact
zones if they meet or exceed design standards
contained in Section 904.08(2).
(5) Shore recreation facilities, including but
not limited to swimming areas, docks, and
watercraft mooring areas and launching ramps,
shall be centralized and located in areas
suitable for them. Evaluation of suitability
shall include consideration of land slope, water
depth, vegetation, soils, depth to groundwater
and bedrock, or other relevant factors. The
number of watercraft allowed to be continuously
beached, moored, or docked shall not exceed one
for each allowable dwelling unit or site in the
first tier, notwithstanding existing mooring
sites in an existing 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.
.
iii. Erosion control and stormwater management for
commerical planned unit developments shall:
(1) Be designed, and their construction managed,
to minimize the likelihood of serious erosion
9.182
.
occurring either during or after construction.
This shall 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 shall be used to
minimize erosion impacts on surface water
features. Erosion control plans approved by the
soil and water conservation district may be
required if project size and site physical
characteristics warrant.
(2) Be designed and constructed to effectively
manage reasonably expected quantities and
qualities of stormwater runoff. Impervious
surface coverage within any tier shall not
exceed 25 percent of the tier area, except 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 part 904.08(3).
.
.
9.183
.
.
.
Mfidavit of Publication
CITY OF:Et.KRIVER
stn\DfAltY OF SUQRel.AND
MANA! INANC~
STATE OF MINNESOTA )
)S8.
COUNTY OF SHERBURNE)
A:
IIi
, ..~C
'l'hE!,,qiti,qcw.ncil of the k
~~~r~~e<l
"SJjprel,8J1d MIQ1~ment. Or~p"
_~Qrd.ain.asronows:. ....},
~ep,ityof Ellt. :R~ver b."'sa4~a
s~a ~ent Ordin~:re.
placing the ShOreland :Management
~I.atioDS ~u.ly <:o~ained in the
El), River ~p~ip.g()rdinance. 'fhe
ShtrelandManagementOrdinance
rep~telS '. c1ev~loprnent 'Of property
witlt~ the shorelllUd distrlf:t .which is
defined as property witb.in 1,000 ft. of
the ordinary high Wa~r levl.llpf a. PNR
protected lake, pond.or flowage and 300
ft. from a river or stream or the land.
.......... "..'.' '.. ,'. ".'-.. ..' .".W'.,.........
)!lata,. .... .' 'aI ..........
'l'\a. ..... ...... ':..t:t.... '.. ... . . .~...~.... -,
-~ '. '..Jlr~
system: tor iderltifYlrig protecte water
bodies. The ordinance also adopts lH)t-
back!! for structures /1nd sewttge treat.
ment systems as well as lot size and
width standards within the$horeIar.td
district. . The ShorelaJ1d Management
Ordinan~adopts t.he Minnesota PoUu.
tiQtl Qo.ntrOIAgency'$ IndiVidual~-
age1l'reat~ntSystEtmStan~Chap-
ter7080.~d sets forth stllltciArds and
Proce~for.deeJinlt\Vith_CX)nform.
iug septic systems. 'this ordinar.t~ also
gives the City of Elk Riverthe authority
1;0 revie,.-. PlaJl,11ed '{Jnit Development
P1'fpo~a1s~d setsforthprocedq.res and
cntena which xnpst QI.l followed in re-
viewingliuch requests.' . ....
Th~ o.rdinance desi8J1ates the Zoning
Administrator as the oflic:Ud respon-
sible to. .administer an,d' enforce the
ShorelaJld Manage1I1ent OJ'(ijnance.
This ordinailce requireiJ a },lel1Jlit before
shoreland ~lterations,placement offill,
or excavation can pe. done within the
shorelaad district a.ndsetsforthproce-
dures ~ requireIr1eOtIl for obtaining
INch pe1'Jl1its. Stan.clal'ds.lU'e also set
forth. for. mineral excavatioIl, forestry
and agncultural uses. The ordiPance
furtherf.l$t/1bIishes a~dal'dsand pro.
~presfor9btainingvariancesandcon.
dltlonatl1i!e ,'. pcmnitll. within the
shorelana~~rict. .Tpe<~rdinancealso
regu. la..*.... no. neon. fOrmiIl..,gU8e..S an. a. no. n-
eonfomlipg Jegallots ofJ'eClOr<lwithin
the sh~nd district and establishes
penaltier1Prviola.tion$ofthe Shoreland
Man._ "tOrdilJaDce,.... .'
A the full teXt of the SllorellUld
Man.age.nent Ordinance is a\l'.u.b1e for
in$P(lCtiOnpyany pet'SC)n at.the ofliceof
the ~kmver (lit)' Cletl( duflng'nbrrnal
bUSiS.hours.
Or<.. . ,sed~d<the
18th. ." .._~.l9ft~reso.
lutio,.. .W.... . .tl.'O. n. p..allSed
and .26tlidayo~ove@er
1991.. ... . '.. .u~ pu.l>1iea~n. '.' .' '
ATTEST: 'J~~~~,Mayol'
PatrlckD.~. '~..Admi..nistra.'..'. tor
. ""(D'" .. ..... .
. {JWl ~~. .'
bemg duly sworn, on oath says that he/she is the publIsher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended.
(B) The printed Q^ JL/fV~t1' J - ~3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for , suc-
cessive weeks; it was fIrst published on Wednesday, the 4~
day of Q U ~vLwl ,19 OJ i , and was thereafter
printed and published on every Wednesday to and including
Wednesday,the_dayof ,19_;
and printed below is a copy of the lower case alphabet from A lo
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed erg h ij k 1 m n 0 p q r s t u v w x y z
C "~,.,,,--.
!,- 'I
BY: '~...-/ ~,
TITLE:
l-~. ,/)/l~
. ,. ffy
,~
(v-
day of
stCribed and sworn to before me on this
J-{'~-.v\ ,19 crt .
.~ vh>>~1~)'~~;~
p~
Notary Public
y}l
(1)
'J!N'~-##'YT.~
~ '
.. ~ . f .. . ...
>
"'. ' ,I ,y PUEIL!(' - M'NI,FSOTA 5
RATEINFJ:; , ".AN.OKA COUNTY ~
~"''' ...__' . elmmiS$lOn (\o,res ...un~ 10 HP-; ;;0:
Lowest classified rate pai Y'fl$.""VfJ.~N"'h'""F~~.f'<"""-M~,^Y.J'''';,J
commercial users for comparable
space
Maximum rate allowed by law for
the above matter
Rate actually charged for the
above matler
(2)
$ "63.;),5
$ SLf. II
$ 54 /1
(3)