10-22-2003 - Re: Use of right-of-way on Big Island

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ZONING REGULATIONS §78-1286 (4) Stairways, lifts and landings may be ei- Sec. 78-1284. Height of structures. they constructed above the ground on posts No structure within the shoreland overlay dis- or pilings or placed into the ground, pro- vided they are designed and built in a trict shall exceed the height limitations set forth manner that ensures control of soil ero- in the standards for the underlying zoning dis- sion. tract. (Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24- 1992) (5) Stairways, lifts and landings must be located in the most visually inconspicuous Sec. 78-1285. Vegetation alterations. portions of lots, as viewed from the sur- (a) No live tree within 75 feet of the shoreline face of the public water, assuming sum- or within the bluff impact zone with a diameter of mer, leaf-on conditions, whenever practi- cal. six inches or more (or 19 inches in circumference or greater)measured three feet above the ground may be removed without first obtaining a permit (6) Facilities necessary to provide shore area from the city staff, provided that at least the access to physically handicapped persons equivalent number of replacement trees of a size shall be allowed,provided that the dimen- and nature found acceptable to the staff are sional and performance standards of sub- planted at the same setback from the shoreline as sections (1)—(5) of this section are com- those removed.Appeals of staff determinations as pleted in addition to the requirements of to type,size and quality of the trees to be replaced the Minnesota Regulations,chapter 1340. will be to the council. Removal of trees that are dead shall not require a permit, but such trees (7) A building permit shall be obtained for must be inspected by city staff prior to their construction of stairways, lifts and land- removal. ings regardless of whether such improve- (b) Intensive vegetation clearing within 75 feet ments are constructed above, at or below of the shoreline, on steep slopes or within the grade. bluff impact zone within the shoreland overlay (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24- district is prohibited. Limited clearing of shrubs 1992) and trees less than six inches in diameter and cutting,pruning and trimming of trees of any size is allowed to provide a view to the water from the Sec. 78-1283. Steep slopes. principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft Any applicant requesting a permit for construe- access areas, and permitted lockboxes, provided tion of sewage treatment systems, roads, drive- that the screening of structures,vehicles or other ways, structures or other improvements on steep facilities as viewed from the water, assumin slopes shall provide adequate information to al- y low the cityto evaluate rummer, leaf on conditions, is not substantially possible soil erosion reduced. impacts and development of visibility from public (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24- waters before such permit may be issued. When 1992; Ord. No. 127 2nd series, § 7, 7-11-1994) determined necessary, conditions shall be at- tached to issued permits to prevent erosion and Sec. 78-1286. Topographic alterations/grad- preserve existing vegetation screening of struc- tures,vehicles and other facilities as viewed from ing and filling. the surface of public waters, assuming summer, (a) Grading and filling and excavations neces- leaf-on vegetation. sary for the construction of structures, sewage (Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24- treatment systems, and driveways under validly 1992) issued construction permits for these facilities do CD78:191