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8.16. SR 08-19-1996 ity of E MEMORANDUM ITEI~ 8.16. iver TO: FROM: DATE: MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR ~Z AUGUST 19, 1996 SUBJECT: WILD AND SCENIC RIVER ORDINANCE AMENDMENT BY THE CITY OF ELK RIVER CASE NO. OA 96-11/PH BACKGROUND: The City of Elk River is being required by the Minnesota Department of Natural Resources (DNR) to update its "Wild and Scenic River Ordinance". Attached is a draft ordinance supplied by the DNR. ISSUES: Staff proposed several changes to the DNR's draft Wild and Scenic River Ordinance to make it compatible with the City's existing situation and its newly adopted Comprehensive Plan. Staffs proposed revisions are make on the attached draft ordinance. The Planning Commission recommended approval of this ordinance as revised by staff contingent on DNR acceptance. The DNR has initially rejected staffs proposed changes. Staff feels the ordinance as drafted by the DNR will cause major problems to the orderly development of the City. RECOMMENDATION: Staff is recommending the Wild and Scenic River Ordinance is tabled until the City has a chance to meet with the DNR and work out the differences. The new meeting time and place to consider this ordinance will need to be readvertised. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 CITY OF ELK RIVER DRAFt MINIMUM STANDARDS ORDINANCE FOR MISSISSIPPI WILD AND SCENIC RIVER DISTRICT MAY 95 VERSION [See author's notes at end of document.] SECTION 906 - WILD AND SCENIC RIVER ORDINANCE 906.00 - STATUTORY AUTHORIZATION & POLICY 1. Statutory Authorization - This Wild and Scenic River ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; M~nnesota Rules, parts 6105.0010 - 6105.0070, 6105.0150 - 6105.0250, 6105.0800 - 6105.0960, 6120.2600 - 6120.3900; and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 2. Statement of Purpose - The uncontrolled use of shorelands along the Mississippi River 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 m the best interests of the public health, safety and welfare to protect and preserve the outstanding scenic, recreational, natural, historical and scientific values of the Mississippi River. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and conservation of the shorelands of public waters and thus preserve and protect existing natural, scenic, historical, scientific, and recreational values, reduce the effects of overcrowding and poorly planned development of adjacent lands, prevent pollution, preserve natural beauty and quietude, maintain proper relationships between various land use types, and prohibit new uses that are inconsistent with the statewide standards and criteria. This responsibility is hereby recognized by the City of Elk River. 906.02 - GENERAL PROVISIONS AND DEFINITIONS 1. Jurisdiction - The provisions of this Ordinance shall apply to all lands designated within the Mississippi Wild and Scenic River District boundaries within the City of Elk River as defined in Minnesota Rules, pans 6105.0910 and 6105.0950. 2. Compliance - The use of any land within the Mississippi Wild and Scenic River District; 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, filling, or alteration of the natural topography; the cutting of 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 respons~le 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 not a permit is required for a regulated activity pursuant to Section 906.04 (1) of this Ordinance. 4. Interpretation - In their interpretation and application, the provisions of this Ordinance sha[ be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by Minnesota 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. Abrogation and Greater Restrictions - It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or land use controls. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall ~revail. In case of conflict between a provision of the Minnesota Wild, Scenic, and Recreational ivers Act or Rules, provisions of existing ordinances, or some other law of this state, the more protective provision shall apply. 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, certain terms or words used herein shall be interpre'~-~ ~' ~'~llows below. 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. Where certain terms are not defined but are used herein and subject to provisions in Section 904 of this Ordinance, the terms shall be interpreted as defined in Section 904. _ luff~impact zon ,e~;means a bluff and land located within 20 feet from the top of a bluff. / (2) "Building line" means that line measured across the width of the lot at the point where {h~ main structure is placed in accordance with setback provisions. / {h~ m (3) "Clear cutting" means the removal of an entire stand of vegetation. ~-) (4) "Commissioner" means the Commissioner of the Department of Natural Resources. 05) "Conditional use" means a use of land which is permitted only when allowed by the City f Elk River after a public hearing, if certain conditions are met which eliminate or minimize the incompatibility with other permitted uses of the district. 6) "Deck" means a horizontal, unenclosed platform with or without attached railings., seats, rellises, or other features, attached or functionally related to a principal use or site aha at any point extending more than thirty inches above ground. (a7~ "Duplex, tril~lex, and quad" means a dwelling structure on a single lot, having two, .three., nh four hnits re'spectively~ being attached by common walls and each unit equippecl wim separate sleeping, cooking, eating, living, and sanitation facilities. (8) "Dwelling unit" means any structure or portion of a structure, or other shelter designed as short- or long-term 1Mng quarters for one or more persons, including rental or time-share accommodations such as motel, hotel, rooms and cabins. (9) "Essential services" means underground or overhead gas, electrical, stea, m, or water distribution systems; collection, communication, sup~ply, or disposal systems, inc~uaing poles, wires, mains, drains, sewers, pipes, conduits, cables, nrc alarm boxes, traffic signals, hydrants and other similar equipment and accessories in conjunction therewith; but not includin,' buildings or transmission services. 2 (10) "Hardship" means, as used in connection with the granting of a variance under this ordinance, the property in o~estion cannot be put to a reasonable use under the conditions allowed by this ordinance. ~::conomictconside~ations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this ordinance. (11) "Land use district" means those lands designated by the commissioner as the protected land corridor along the Mississippi River which the commissioner has designated as components of the Minnesota wild and scenic rivers system. (12) "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation thereof. (13) "Nonconforming use" means the use of a structure, land, or both, lawfully in existence on the effective date of this ordinance which does not conform to the requirements applicable thereto contained in this Ordinance, or which does not conform to provisions of this Ordinance as subsequently amended. (14) "Ordinary high water level" means an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. (15) "Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 18. (16) "Selective cutting" means the removal of single scattered trees. (17) "Setback" means the minimum horizontal distance between a structure and sewage treatment system and the ordinary high water level, top of a bluff, road or highway. (18) "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 906.08 (8) of this Ordinance. (19) "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. (20) "Single family dwelling" means a detached building containing one dwelling unit. (21) "Structure" means any building, sign, deck, or appurtenance thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles, and other supporting appurtenances. (22) "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit development. (23) "Variance" means any modification or variation of this ordinance where it is determined that by reason of exceptional circumstances, the strict enforcement of an ordinance provision would cause unnecessary hardship. This shall be evaluated according to provisions contained in Section 906.04 of this Ordinance. (24) "Wetland" means land which is annually subject to periodic or continual inundation water and commonly referred to as a bog, swamp, or marsh. 906.04 - ADMINISTRATION 1. Permits Required. /~. ~. A permit is required for the construction of structures or structure additions (and m" eluding such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and the grading and filling of the natural topography. 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 and Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. B. lg'. Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by Section 906.10 (3) shall be reconstructed or replaced m accordance with the provisions of this Ordinance. 2. Certificate of Zoning Compliance - The Building and Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in 906.04 (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 906.02 (3) of this Ordinance. 3. Certification. nCertain land use decisions which directly affect the use of land within the designated d use districts and involve any of the following actions must be certified by the Commissioner as described in Section 906.04 (4): i. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land.. ii. Granting a variance from a provision of this ordinance which relfites to the zoning dimension provisions of this ordinance. iii. Approving a plat which is inconsistent with this ordinance. ~. No such action shall be effective until the Commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan. e Certification Procedure. /ff. A copy of al! notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under this ordinance shall be sent so as to be received by the Commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent pla* or a description of the requested variance. 4 afia.~tionThe City of Elk River shall notify the Commissioner of its final decision on the proposed within ten days of the decision. f~'n The Commissioner shall, no later than 30 days from the time he receives notice of the F_.. al decision, communicate either certification of approval, with or without conditions, or notice of nonapproval. 0 ~- The action becomes effective when and only when either: i. The final decision taken b..y the City of Elk River has previously received certification of approval from the commissioner; or ii. The City of Elk River receives certification of approval after its final decision; or iii. Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the City of Elk River has received from the Commissioner neither certification of approval nor notice of nonapproval; or iv. The Commissioner certifies his approval after conducting a public hearing. ~. In case the Commissioner gives notice of nonapproval of an ordinance, amendment, variance or inconsistent plat, either the applicant or the City of Elk River may within 30 days of said notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of nonapproval becomes final. i. The hearing will be held in an appropriate local community within 60 days of the demand and after at least two weeks' published notice. ii. The hearing will be conducted in accordance with Minnesota Statutes, section 103G.311, subdivisions 2, 6, and 7. iii. The Commissioner shall either certify his approval or deny the proposed action within 30 days of the hearing action. 5. Amendments. ' ' /q fi(. Requests for amendments of this ordinance may be initiated by a petition of affected _pro_?e~rty o.wner, s,. t.h..e .pl,an. nin.g, corn, mission, or by action of the City of Elk River. An amenament not mmatea t~y me planning commission shall be referred to the planning commission for study and report prior to action by the City of Elk River. i~ .~. An application for an amendment shall be filed with the Building and Zoning Administrator. e Upon receipt in proper form of the application and other requested materials, a public aring shall be conducted in the manner prescribed by Minnesota Statutes. Following the v blic hearing, the City of Elk River may adopt the amendment in the manner prescribed by innesota Statutes. Certification from the Commissioner must be obtained as specified in Sections 906.04 and (4) of this Ordinance before the proposed amendment or rezoning becomes effective. 6. Variances. ~ s~t Variances may be considered for deviations from the strict application of the standards forth in this Ordinance. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462 and if the following conditions are present: i. The strict enforcement of the land use controls will result in unnecessary hardship. ii. Granting of the variance is not contrary to the purpose and intent of this ordinance and is consistent with Minnesota Rules, parts 6105.0800 - 6105.0960. iii. There are exceptional circumstances unique to the subject property which were not created by the landowner. iv. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. v. Granting of the variance will not alter the essential character of the locality. fi('. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. F_.. ~ 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. /d~t The Board of Adjustment shall hear and decide requests for variances in accordance h the rules that it has adopted for the conduct of business. All granted variances to the requirements of this ordinance must be certified in accordance with Sections 906.04 (3) and (4) of this Ordinance before they become effective. 7. Plats. .~. Copies of all plats with~ the Mississippi Wild and Scenic River District shall be forwarded to the Commissioner within ten days of approval by the City of Elk River. /.3 ~.- Approval of a plat which is inconsistent with this ordinance is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal. . C fi'~th All inconsistent plats approved by the City of Elk River must be certified in accordance Sections 906.04 (3) and (4) of this Ordinance. 8. Conditional Use Permit Application Review by DNR - A copy of all notices of any public hearing, or where a public hearing is not required, a 6opy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days pr/or to such a hearing or meeting to consider issuance of a conditional use permit. Additional evaluation criteria and conditions from Section 904.08 (7) shall be considered in evaluating conditional use permit requests. A copy of the decision shall be forwarded to the Commissioner within ten days of such action. 6 906.06 - WILD AND SCENIC RIVER ~D USE'DISTRICT i. Wild and Scenic River Designation and Boundaries. lq ~. In order to preserve and protect the Mississippi River and its adjacent lands which vSSeSs outstanding scenic, recreational, natural, historical, scientific and similar values, the ississippi River in Elk River has been designated as a Wild and Scenic River and this river and its adjacent lands are hereby designated as a Wild and Scenic River District, the boundaries of which are based on the Mississippi River rule, Minnesota Rules, parts 6150.0910 and 6105.0950. ~ ~. The boundaries of the Mississippi Wild and Scenic River District are shown on the map designated as the City of Elk River Official Zoning Map, which is made a part of this ordinance and is on file with the zoning administrator. In case of conflict between the Zoning Map and the property descriptions in Minnesota Rules, the latter shall prevail. 2. Mississippi Wild and Scenic River Overlay District /~ ~ Overlay Concept - The Mississippi Wild and Scenic River District of the City of Elk River shall be treated as an Overlay District. All Permitted, Accessory, Conditional and Prohibited Uses as specified by the applicable underlying Zoning District shall apply, except that marinas and extractive uses are prohibited. The development of public or private recreational facilities shall conform to the design specification ~uidelines in Minnesota Rules, part 6105.0940. These underlying districts are shown on the z~oning Map, and the uses are described in Section 900.12 of the Zoning Ordinance. In addition, land use patterns within the Mississippi Wild and Scenic River District shall be consistent with the City of Elk River's Growth Management Plan. 13 ~ Rezoning - In reviewing proposals to rezone any land underlying the Mississippi Wild d Scenic River Overlay District, the City shall assure that the proposed Zoning District is consistent with Section 906.00 (2) and the criteria, considerations, and objectives in Section 904.06 (2) (c) of this Ordinance. Rezoning must be certified in accordance with Section 906.04 of this Ordinance. 906.08 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS 1. Lot Area and Width Standards. The following standards shall apply to the Mississippi Wild and Scenic River District listed in Section 906.06. 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 shall be as follows: the Mississippi Wild and Scenic River D~stnct' ' ......... ""'~--'- °-,..- ,.,,'" 14, 23 o.~ 24, Single Riparian Lots Area Width Area Nonriparian Lots Width 2 1/2 acres 100 ft. 2 1/2 acres 150 ft. ~ ~ Riparian Lots ~ NonriparianLots ~idl~ Area (sq.ft.) Width Single ~ 40000 150 DuPlex ~ 40000 ~ 80000 265 ~r~,i~ ~ 60000 260 ~ 120000 375 ;~ ~U'""'" 490 -Oqn~,.Sewered Areas in the Mississippi Wild and Scenic River District Riparian Lots Nonriparian Lots Area (sq.ft.) Width Area (sq.ft.] Width Single 15000 75~t 10000 75 Duplex 26000 135 17500 135 Triplex 38000 195 25000 190 Quad 49000 255 32500 245 AdditionalSpecialProvisions. P~£ /Go rt~¢r' ' i. 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. ii. The sewered lot area and lot width dimensions in Section 906.08 (1) may only be used if publicly owned sewer system is available to the property. iii. Residential subdivisions with dwelling unit densities exceeding those in the tables in Section 906.08 (1) may only be allowed if designed and approved as residential planned unit developments under Section 906.14 and Section 900.12 of this Ordinance. iv. Lots intended as controlled accesses to public waters or as recreation areas for use by only the owners of nonriparian lots within subdivisions are permissible and shall meet or exceed the standards of Section 904.08 (1) (d) ii. 2. Placement, Design, and Height of Structures. /q ,aq'. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures shall be located as follows: i. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level in Mississippi Wild and Scenic River District. Setbacks in Sec. 33 & 34, T33N, R26W Structures Unsewered Sewered Sewage Treatment System.. 75 ft. 50 ft. 50ft. 8 Setbacks in Wild and Scenic River District not in Sec. 33 & 34, T33N, R26W Structures Unsewered Sewered Sewage Treatment System 100 ft. 100 ft. 50 ft. ii. Additional structure setbacks shall be subject to the requirements set forth in Section 904.08 (2) (a) ii - iv. Any reference to the normal structure setback in these provisions shall be in accordance with the setbacks contained in Section 906.08 (2) (a) i. iii. Where structures exist on the adjoining lots on both sides of a proposed building site, and if the lot does not meet the minimum lot width requirements of this ordinance and if the proposed building site is not located in a shore impact zone or in a bluff impact zone, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level. [~ J~. Design criteria and height for structures shall be subject to Section 904.08 (2) (b) and (c) of this Ordinance. Any reference to the normal structure setback in these provisions shall be in accordance with the setbacks contained in Section 906.08 (2) (a) i. 3. Shoreland Alterations - Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. ,/~ ~. .Vegetation Alterations. These vegetative cutting provisions shall to those within structure setbacks from the ordinary high water level and top of thaepply areas bluff specified in Section 906.08 (2) (a) i. and ii. i. General provisions, within these setback areas: ~ Clear cutting,, except for any authorized public services such as roads and t~tilities, shall not be permitted. ~ ~ Selective cutting of trees in excess of four inches in diameter at breast height is permitted provided a continuous tree cover is maintained, uninterrupted by large openings, and cutting is spaced in several cutting operations. (~ The cutting provisions of (~v) and ~T), shall not be deemed to prevent: I (i~ The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards. Z (J~) Pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at breast height. ii. Clear Cutting. Clear cutting anywhere in the Mississippi Wild and Scenic River District is subject to the following standards and criteria: 9 o, (4 Clear cutting shall not be used as a cutting method where soil, slo~pe, c other watershed conditions are determined by the Building and Zoning Administrator to be fragile and subject to injury, severe erosion, or sedimentation. b st~fipsClear cutting shall be conducted only where clear-cut blocks, patches or are, in all cases, shaped and blended with the natural terrain. t~ ~tT) The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary. t:[ (~) Where feasible, all clear cuts shall be conducted between September 15 and April 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic cjuality of the area. Where feasible, replanting shall be performed in the same spnng, or the following spring. Topo_~aphic Alterations/Grading and Filling/Alterations of the Beds of Public Waters. i. Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted. ii. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the Building and Zoning Administrator· A grading and filling permit may be issued only if the following conditions are properly satisfied: (~ Grading and filling shall be performed in a manner which minimize~ earthmoving, erosion, tree clearing, and the destruction of natural amenities. b (~ The smallest amount of bare ground is exposed for as short a time as feasible. ¢ (9) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is l~lanted. dl (~ Methods to prevent erosion and trap sediment are employed.. ~ (fi') Fill is stabilized to accepted engineering and erosion control standards. iii. Excavation of material from, or filling in a Wild, Scenic or Recreational River, or construction of any permanent structures or navigational obstructions therein is pr_.oh~ited unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes, section 103G.245. Section 103G.245 requires a permit from the Commissioner before any change is made in the course, current, or cross-section of public waters. iv. Drainage or filling in of wetlands is not allowed within the Mississippi Wild and Scenic RiverDistrict. 4. UtiliW Transmission Crossings,. ~ ~n All utility crossings of the Mississippi River or state lands within the Missis.si~.pi · d Scenic River District require a license from the Commissioner pursuant to Minnesota Statutes, section 84.415. l0 ~ ~. Ail utility transmission crossings constructed within the Mississippi Wild and Scenic "Rive. r District shall require a conditional use permit. The construction of such transmission sermces shall be subject to Minnesota Rules, parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage transmission lines under control of the Environmental Quality Board pursuant to Minnesota Statutes, Section 116 C. 61. 5. Placement and Design of Roads, Driveways, and Parking Area.~ A ja(. In addition to such permits as may be required by Minnesota Statutes Section "103G.245, a conditional use permit shall be required for any construction or reconst;uction of public roads within the Mississippi Wild and Scenic River District. Such construction or reconstruction shall be subject to Minnesota Rules, parts 6105.0190 and 6105.0200. ~ ,~. Public roads include township, county, and municipal roads, streets and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties. ~ nJn~tural~Ublic and private roads and parking areas shall be designed to take advantage of vegetation and topography to achieve max/mum 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. Roads, ~) ~.. . . driveways, and parking areas shall meet structure setbacks and shall not be placed vathm bluff and shore impact zones. 6. Stormwater Management - The general and specific standards of Section 904.08 (5) of this Ordinance shall be met. 7. Svecial Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Mining-of Metallic Minerals and Peat - These uses shall be subject to the standards set foi'th in Section 904.08 (6) of this Ordinance. 8. Water Supply and Sewage Treatment. 3'f. 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. '~ ~ Sewage treatment - Any premises used for human occupancy shall be provided with an adequate method of sewage treatment which meets all of the requirements set forth in Section 904.08 (8), except that on-site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in Section 906.08 (2) (a) of this Ordinance. 906.10 - NONCONFORMING USES All legally established nonconforming uses 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 11 intensification of use; except that the following standards will also apply in the Mississippi Wild ant Scenic River District; Construction on Nonconforming Lots of Record.. ~. Lots of record in the office of the county recorder on the date of enactment of local controls that do not meet the requirements of Section 906.08 (1) of this Ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning dis[ftc, t, th.e lot has been. i.n _se__p_a_r,a..t..e_.o..wn~.,eurs..h~.~;f~r~Oc~tbr~ipngel~nedcst at all times since it became sut~stanaara, was createu compuetm wsm u,,,,~,,- at the time, and sewage treatment and setback requirements of this Ordinance are met. a~c If setback requirements cannot be met, a variance shall be obtained and certified in cordance with Section 906.04 before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider prerequisites for a variance, sewage treatment and water supply capabilities, or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. otIf, in a group of two Or mOre Contiguous lots under the same ownership, any individu, al does not meet the requirement of Section 906.08 (1) of this Ordinance the lot shall not 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 906.08 (1) of this Ordinance as much as possible. Additions/Expansions to Nonconforming Structures. · All . /~s~ructure additions or expansions to ~.he outside dimensions of an existing nonconforming shall meet the setback, height, and other requirements of Section 906.08 of this Ordinance. Any deviation from these requirements shall be authorized by a variance pursuant to Section 906.04. . Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: · ' i. the structure existed on the date the structure setbacks were established; 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. Nonconforming Sewage Treatment Systems. ~. A sewage treatment system not meeting the requirements of Section 906.08 (8) of this Ordinance sh~ll be upgraded, at a minimum, at any t~me a permit or variance of any type ' required for any imr~rovement on, or use of, the property. For the purposes of this provision., a sewage treatment'syste,m_ shall not be considered nonconforming if the only deficiency is the sewage treatment system s improper setback from the ordinary high water level. 12 906.12 - SUBDIVISION/PLATTING PROVISIONS Each lot created through subdivision including planned unit developments authorized under Section 906.14 of this Ordinance, shall be subject to the requirements set forth in Section 904.12 of this Ordinance. 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 906.08 (2) and (8) can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 906.08 (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. 906.14 - PLANNED UNIT DEVELOPMENTS (.PUDs) 1. T.vpes of PUDs Permissible - Planned Unit Developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of ex/sting buildings and land. 2. Processing of PUDs - Planned unit developments shall be processed as a conditional use pursuant to Sections 900.12 and 906.04 (8) of this Ordinance. Approval cannot occur until the environmental review process (EAW/EIS) is complete. 3. Standards - Residential PUDs shall be subject to the requirements set forth in Section 904.14 3) - (5) and Commercial PUDs shall be subject to the requirements set forth in Section 904.14 (3), 4), and (6). Both Residential and Commercial PUDs shall also be subject to the following: /a,f. On-site sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in Section 906.08 (2)(a) of this Ordinance. ,If. The development of recreational facilities shall conform to the design specification guidelines in Minnesota Rules, part 6105.0940. C ~. In addition to any requirements for. preservation of vegetation in open space areas by permanent means, the provisions of Section 906.08 (3) shall minimally be met.