HomeMy WebLinkAboutRegulations for seasonal recreational district ` ARi ICLE IV. DISTRICT REGULATIONS Page 1 of 21
DIVISION 9. RS SEASONAL RECREATIONAL DISTRICT*
*Cross references: Parks and recreation, ch. 22.
Sec. 78-561. Purpose.
The RS seasonal recreational district is intended to provide a district which will allow a low-
density seasonal form of residential development or recreational activity on the three Lake Minnetonka
islands within the city. Big Island, Mahpiyata Island and Deering Island are totally surrounded by water.
Special problems exist because of their isolated location and because there is no direct access by land
or bridge. Transportation is difficult, dangerous and slow, especially in fall or spring when the ice is
forming or melting. Engineering, financial, administrative and practical difficulties prevent servicing the
islands with sewer or water utilities, garbage collection, or complete police, fire, medical emergency or
other municipal services. The islands have historically been used for summer cabins, camping spots,
temporary boat landings and a disabled veterans' summer camp. As long as this usage remains
minimal, public health and safety is reasonably maintained. But development forecasts indicate
increasing pressures for more intensive usage that could easily exceed the city's public service
capabilities. For these reasons, the city's comprehensive plans have long-established policies
encouraging eventual public ownership of the islands as recreational resources for general lake users.
In addition, limited private seasonal recreational use would be allowed to continue indefinitely, subject
to strict conformance with special health and safety standards. The RS district is established to
implement these special planning policies.
(Code 1984, § 10.31(1))
Sec. 78-562. Future amendments.
The RS district regulations represent an innovative attempt to solve the unique problems
relating to historic use and previously platted substandard lots on the islands while at the same time
assuring the property owners of continued reasonable use of their property. It may be found by
subsequent city councils that this division was not restrictive enough to protect the health, safety and
welfare of the citizens and that new development potential granted to property owners by this division
may have to be modified. Therefore, no new development rights granted by this division shall be
deemed to be vested property rights but shall remain subject to future modification by the city.
(Code 1984, § 10.31(19))
Sec. 78-563. Nonconformities.
(a) Nonconforming uses.
(1) No new use of land or structures shall be permitted in the RS district except in
compliance with this division. All existing uses of land or structures which may be made
nonconforming by adoption of the ordinance from which this division is derived shall be
discontinued and/or made to be in full compliance with all use and performance standard
requirements of this division within a period of seven years from the date of adoption, not
to extend later than January 1, 1990.
http://library4.municode.com/default-test/Doc View/13094/1/110/114?hilite=rs; 7/27/2009
� ARTICLE IV. DISTRICT REGULATIONS Page 2 of 21
(2) Upon notice of record lot classification pursuant to section 78-568(1) and within six
months of January 13, 1983, any record lot owner may apply to the councii with no
application fee required for a variance to this section to allow a continued nonconforming
use, subject to reasonable standards and timetables, established by the council for
compliance with on-site sewage treatment, private security, private fire protection and
other performance standard requirements established by this division. The applicant
shall demonstrate and the council shall find that the use is and was legally existing as of
November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to apply
for such a variance within the time allowed shall be prima facie evidence that such a
nonconforming use was either illegal or did not lawfully exist on that date.
(b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall
not apply to record lots which are substandard in lot area or lot width but which are being used
in conformance with this division:
(1) Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than
200 feet in lot width became substandard lots on January 1, 1975, the effective date of
Ordinance No. 172.
(2) Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less
than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983.
(3) Substandard record lots may be used or developed pursuant to section 78-568(6)
and (7).
(c) Nonconforming substandard buildings or structures. Restrictions applying to
nonconforming uses shall not apply to existing buildings or structures which do not conform to
location, height or hard cover limitations, but which are being used in conformance with this
division. Existing buildings not conforming to the required minimum setbacks may continue to be
used, repaired or maintained within the existing building envelope. These buildings may be
entarged vertically or horizontally within the required yard area without requiring a council-
approved setback variance, provided:
(1) The addition conforms to all required setbacks, even if parts of the existing building
do not.
(2) The addition extends an existing building line by not more than 20 feet and does not
further encroach or reduce any required setback dimension less than already exists.
(3) The addition within the required setback area contains not more than 200 square
feet, or 50 percent of the total existing building area, whichever is less.
(4) There shall be no setback exceptions permitted for addition to or enlargement of
any accessory building or structure.
(5) There shall be no setback exceptions permitted that reduce any required setback to
less than ten feet.
(6) There shall be no setback exceptions permitted for any horizontal building addition
or hard cover increase of any kind within 75 feet of the shoreline or within a required
wetland buffer or buffer setback.
(7) There shall be no setback exceptions permitted without a council-approved variance
in cases where any existing building is being replaced by a new building, or where the
proposed addition, remodeling and/or renovation work constitutes 50 percent or more of
the assessor's fair market value for the existing building. In these situations, the new
work shall conform to all required setbacks.
(8) The exceptions authorized by this section apply only to setback requirements and
do not authorize variance of any lot area, hard cover, building height, building area or
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
' ARTICLE IV. DISTRICT REGULATIONS Page 3 of 21
any other zoning or building code performance standard.
(Code 1984, § 10.31(16)--(18); Ord. No. 28 3rd series, § 12, 8-22-2005)
Sec. 78-564. Permitted uses.
Within any RS seasonal recreational district, no land or structures shall be used except for any
one of the following uses:
(1) One-family detached dwellings used for seasonal recreational use not to exceed
180 days in any one year, and not to be the owner's principal residence for homestead
tax credit purposes.
(2) One-family, seasonal recreational use of land without structures, or with accessory
structures only, such as tent camping or day use only. Accessory structures permitted on
land without a principal structure shall be limited to one or more of the following:
a. Docks conforming to city and LMCD code requirements.
b. Not more than one storage building not to exceed 120 square feet in area.
c. Fire rings or barbeque pits.
d. Open deck or screen house not to exceed 300 square feet in area.
e. Not more than one toilet building or outhouse, which must conform in location
and design to the requirements of section 78-574.
f. Tents or similar temporary structures to be in place not to exceed 180 days in
any one year.
(3) Publicly owned and operated parks, nature areas or wildlife preserves, for day use
only, when operated by the city, the Hennepin Park Reserve District or by the state
department of natural resources. All dockage or structures shall remain subject to
council review and approval.
(Code 1984, § 10.31(2))
Sec. 78-565. Conditional uses.
Within any RS seasonal recreational district, no land or structures shall be used for the following
uses except by conditional use permit:
(1) Principal dwellings. One-family detached dwellings used or occupied for 181 days
or more in any one year, or any dwelling regardless of the duration of use for which the
owner wishes to claim a principal residence homestead tax credit. A conditional use
permit may be issued for such nonseasonal dwelling use, provided the applicant
demonstrates and the council finds that the property is large enough to be permanently
self-supporting in terms of water supply and sewage treatment, and that extra private
precautions are taken for fire protection and security of persons and property, as
follows:
a. The minimum dry buildable record lot area required for approval of a principal
dwelling conditional use permit without a variance shall be 5.0 acres. Approval of
a principal dwelling conditional use permit on an existing record lot of less than
5.0 acres shall be subject to strict showing of compliance with health and
sanitation performance standards.
b. An on-site sewage treatment system shall be provided in conformance with
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
� ARTICLE IV. DISTRICT REGULATIONS Page 4 of 21
the requirements of section 78-574.
c. A domestic water well shall be provided which conforms to current state
health department regulations for depth, for setback from lake, wetland and
sewage treatment system components, and which is capable of supplying
domestic fire protection.
d. The dwelling shall be built or rebuilt to conform to current state building code
requirements, including provision for a permanent foundation, a heating system
and insulation conforming to energy code standards.
e. The dwelling shall be equipped with approved smoke detection devices, and
with some form of manuai or automatic fire extinguishing equipment.
f. The dwelling shall be provided with telephone service.
g. The lot or parcel shall be located directly on the shoreline or other access
shall be available via a privately improved and maintained access to the
shoreline.
h. All property in common ownership shall be combined into one tax parcel if
contiguous; or if separated by public rights-of-way, a special lot combination form
shall be executed and filed in the chain of title of each separate parcel.
(2) Guest cabins. Accessory separate dwellings or sleeping quarters containing indoor
toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted
seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use
permit may be issued for one or more private guest cabins, provided the applicant
demonstrates and the council finds that the additional living or sleeping facilities will not
contribute to overcrowding or overuse of a small property or will not adversely affect
neighboring properties, and that extra private precautions are taken for fire protection
and security of persons and property, as follows:
a. Private guest cabins shall be used solely by the occupants of the seasonal or
principal dwelling, including their domestic employees, caretakers or nonpaying
guests. Private guest cabins shall not be rented or leased for compensation.
b. The minimum dry buildable record lot area required for approval of a private
guest cabin conditional use permit without a variance shall be 5.0 acres.
Approval of a private guest cabin conditional use permit on an existing record lot
of less than 5.0 acres shall be subject to strict showing of compliance with health
and sanitation perFormance standards.
c. The guest cabins and the seasonal or principal dwelling shall all be
connected to on-site sewage treatment systems in conformance with the
requirements of section 78-574.
d. The guest cabins and the seasonal or principal dwelling shall all be equipped
with approved smoke detection devices and with some form of manual or
automatic fire extinguishing equipment.
e. All property in common ownership shall be combined into one tax parcel, if
contiguous; or, if separated by public rights-of-way, a special lot combination
form shall be executed and filed in the chain of title of each separate parcel.
f. Not more than one private guest cabin constructed without indoor plumbing,
toilets or kitchen facilities, and used only for additional sleeping quarters, shall be
permitted on any property as an accessory use without requiring a conditional
use permit, provided the accessory cabin does not exceed 600 square feet in
floor area and provided all accessory building performance standards are met.
Use of more than one accessory building for additional sleeping quarters, or use
httn://librarv4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs: 7/27/2009
' ARTICLE IV. DISTRICT REGULATIONS Page 5 of 21
of an accessory building in excess of 600 square feet in floor area, shall require
issuance of a conditional use permit and compliance with the provisions of
subsection (2) of this section.
(3) Day-use recreation areas. Land or structures owned or used by any private club,
association or group of unrelated individuals as a regular meeting place for group
activities, including without limitation boating activities, swimming, fishing, picnicking,
athletic fields, nature trails and other day use. Overnight camping shall be permitted only
on an occasional and incidental basis. This category includes day use scout, church,
YMCA or YWCA camps, private nonprofit parks and boating groups, clubs or
associations. This category does not include public day-use parks. A conditional use
permit may be issued for a day-use recreation area, provided the applicant
demonstrates and the council finds that the property is large enough to support the
proposed use without adverse effect upon the lake, upon the land or wetlands, upon
neighboring or nearby properties, and that extra private precautions are taken for fire
protection and for security of persons and property commensurate with the number of
users expected on the property, as follows:
a. The minimum dry-buildable record lot area required for approval of a day-use
recreation area conditional use permit without a variance shall be 5.0 acres. If the
number of expected users at any one time exceeds 100, the minimum lot area
required shall be increased to maintain a ratio of at least 1.0 acre per 20 users.
b. The minimum lot width at the shoreline shall be 200 feet.
c. The club, association or group shall each year obtain a joint-use dock license
from the city and from the Lake Minnetonka Conservation District, and shall at all
times abide by all its terms. The number of licensed boat slips shall not exceed
one slip per 50 feet of shoreline.
d. Any swimming area shall be suitably marked off and separated from boat
traffic areas, and safety equipment or supervisors shall be provided as may be
required by the council.
e. On-site sewage treatment shall be provided in conformance with the
requirements of section 78-574.
f. All new buildings or structures on the property, except accessory structures
120 square feet in floor area or smaller, shall be approved by the council as to
size, location and proposed use prior to issuance of any building permits.
g. The property shall be provided with telephone service for emergency use.
h. The lot or parcel shall be located directly on the shoreline, or other access
shall be available via a privately improved and maintained access to the
shoreline.
i. All property in common ownership shall be combined into one tax parcel, if
contiguous; or, if separated by public rights-of-way, a special lot combination
form shall be executed and filed in the chain of title of each separate parcel.
(4) Overnight camps. Land or structures owned or used by any public agency, unit of
government or any private club, association or group for overnight or extended camping
by families or individuals, including related activities, such as boating, swimming, fishing,
picnicking, athletic fields or nature trails. This category includes overnight scout, church,
YMCA or YWCA, Park Reserve and Veterans' Association camps. A conditional use
permit may be issued for an overnight camp, provided the applicant demonstrates and
the council finds that the property is large enough to support the proposed use without
adverse effect upon the lake, upon the land or upon neighboring properties, and that
extra private precautions are taken for fire protection and for security of persons and
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
' AR1'�ICLE IV. DISTRICT REGULATIONS Page 6 of 21
property commensurate with the number of users expected on the property, as follows:
a. The minimum dry-buildable record lot area required for approval of an
overnight camp conditional use permit shall be 5.0 acres. If the number of
dwelling units exceeds five, the minimum lot area required shall be increased to
maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this section,
one dwelling unit shall mean up to two developed camping spots for tent camping
or each separate cabin or structure used for sleeping purposes, whether or not
such cabin or structure includes separate toilet or kitchen facilities.
b. The minimum lot width at the shoreline shall be 200 feet.
c. Any common kitchen, dining room or eating facility shall conform to the
requirements of county environmental sanitation food protection ordinances,
including all applicable licenses and inspections.
d. The camp operator shall each year obtain a joint-use dock license from the
city and from the Lake Minnetonka Conservation District, and shall at all times
abide by all of its terms. The number of licensed boat slips shall not exceed one
slip per 50 feet of shoreline.
e. Any swimming areas shall be suitably marked off and separated from boat
traffic areas, and safety equipment or supervision shall be provided as may be
required by the council.
f. Toilet and sanitation facilities, including on-site sewage treatment systems,
shall be provided in conformance with state health department regulations and
the requirements of section 78-574.
g. All new buildings or structures on the property, except accessory structures
120 square feet in floor area or smaller, shall be approved by the council as to
size, location and proposed use prior to issuance of any building permits.
h. The property shall be provided with telephone service for emergency use.
i. All cabins or other structures used for sleeping purposes shall be equipped
with approved smoke detection devices and with some form of manual or
automatic fire extinguishing equipment.
j. All assembly buildings having an occupancy load of 50 persons or more shall
be equipped with fire extinguishing equipment consisting of hand-held fire
extinguishers and either an automatic fire sprinkler system or other means of fire
suppression equipment as may be approved by the council.
k. An emergency preparedness plan shall be required to address fire protection,
medical emergency and police public safety services for all times the camp is
occupied.
I. All property in common ownership shall be combined into one tax parcel, if
contiguous; or, if separated by public rights-of-way, a special lot combination
form shall be executed and filed in the chain of title of each separate parcel.
(5) PRD subdivisions. Planned residential development subdivisions limited to
detached one-family seasonal dwellings only, subject to the minimum 5.0 dry-buildable
acres per dwelling unit net density otherwise required in the RS district, and subject to
the limitations of division 10 of this article. The minimum total land area for a PRD
subdivision shall be 20.0 acres.
(6) The keeping of domestic animals for noncommercial purposes, including horses for
the use of the occupants of the premises. A minimum of one acre in aggregate,
exclusive of one acre for the principal building, must be available for each animal unit,
http://library4.municode.com/default-test/DocV iew/13094/1/110/114?hilite=rs; 7/27/2009
' ARTICLE IV. DISTRICT REGULATIONS Page 7 of 21
except as set forth in this subsection. A minimum of two acres of open pasture must be
available for a single horse, and one additional acre must be available for each
additional horse. When the horses are kept stabled and do not require pasture for feed
purposes, the minimum pasture requirement may be adjusted at the discretion of the
council. Such minimum pasture acreage shall not include wetlands as defined in section
78-1602. Any person keeping such animals must comply with the provisions of this
Code.
(Code 1984, §§ 10.20(3), 10.31(3); Ord. No. 28 3rd series, § 13, 8-22-2005)
Sec. 78-566. Accessory uses.
Within any RS seasonal recreational district, no accessory structure or use of land shall be
permitted unless a permitted or conditional use is first established on such land, except as allowed in
section 78-564(2). Once a permitted or conditional use exists on any lot or parcel, no accessory
structure or use of land shall be permitted except for one or more of the following uses:
(1) Docks conforming to city and Lake Minnetonka Conservation District regulations,
not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per
property, whichever is less. An annual joint-use dock license shall be required for any
nonresidential dock and/or for any property having more than four slips.
(2) Not more than two accessory buildings used for storage, service or other
nonhabitable purpose. No such individual building shall exceed 1,000 square feet in floor
area, and the sum of any two buildings on any record lot shall not exceed 1,500 square
feet in floor area without a conditional use permit. Accessory buildings used as barns or
stables shall be subject to this area restriction and to a conditional use permit pursuant
to section 78-565(6), including a 150-foot setback from all property lines.
(3) Not more than one accessory private guest cabin not to exceed 600 square feet in
floor area pursuant to section 78-565(2)f.
(4) Open decks, patios, screenhouses or private greenhouses.
(5) Private swimming pools, tennis courts, paddocks or athletic fields or equipment.
(6) Not more than two toilet buildings or outhouses, which shall conform in location and
design to the requirements of section 78-574.
(7) Tents or other temporary structures to be in place not more than 180 days in any
one year.
(8) Open wood or gravel-filled steps, stairways or walkways on lakeshore hills or
embankments, limited to not more than four feet wide at any point within 75 feet of the
shoreline. Concrete or other solid materials shall constitute hard cover and are
prohibited.
(9) Lake water pumphouses which, may be within 75 feet of the shoreline if limited to
20 square feet or less in area and five feet or less in height, and subject to all applicable
permits for such use.
(10) Fire rings or barbeque pits.
(11) Gardens, gardening or other horticultural uses including apiaries and decorative
landscaping.
(12) Fences, not to exceed 42 inches in height, and no part of which may be located
within 75 feet of the shoreline.
(13) Retaining walls, not to exceed 42 inches in height, and no part of which may be
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
� ARTICLE IV. DISTRICT REGULATIONS Page 8 of 21
located within 75 feet of the shoreline.
(14) Home occupations, as defined in this chapter. All home occupations shall comply
with the provisions of section 78-1376, and the licensing provisions of section 26-76,
when applicable.
(15) New boathouses within 75 feet of the shoreline are specifically prohibited.
(Code 1984, §§ 10.20(4), 10.31(4); Ord. No. 221 2nd series, § 3, 9-23-2002)
Sec. 78-567. Permit for private improvements within public rights-of-way.
It is unlawful for any person to alter, improve or use for private purposes in any RS district any
platted public right-of-way, any platted public park, or any other property owned by the city without first
obtaining a permit from the council, as follows:
(1) Inland property access. Persons desiring access to property located inland and not
abutting the shoreline may apply for a permit to privately use and/or improve platted
public right-of-way for such purpose. The permit applicant shall demonstrate and the
council shall find that there is no reasonable alternative access available, and that the
proposed improvements and/or type of use would not unreasonably affect other
properties abutting the right-of-way. The council may approve, deny or place restrictions
on any such permit based upon public health, safety and welfare considerations,
including without limitation the configuration of adjoining record lots, the location, width,
topography, drainage and vegetation on the right-of-way and the number of existing or
future property owners who may require access at the same location. Any land
alterations or improvements approved shall be the minimum amount necessary to
provide reasonable inland access.
(2) Land alterations. Grading or physical alteration of any platted public right-of-way for
any purpose, including inland property access, is prohibited except when such work has
been specifically authorized as part of a permit issued by the council. The permit
applicant shall provide a detailed land survey of the right-of-way and appropriate
engineering drawings sufficient to identify the full extent of all proposed work. Permit
approval shall be subject to obtaining a grading permit from city staff; and land
alterations involving filling and grading shall be perFormed with only clean fill, and all
other permits as may be required by other agencies having jurisdiction. Public rights-of-
way so improved shalt be maintained by the licensee.
(3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on
any platted public right-of-way for any purpose, including inland property access, is
prohibited except when such dock has been specifically authorized as part of a permit
issued by the council. Not more than one seasonal dock will be approved for access to
any one property. In review and approval or denial of such permit, the council shall
consider the width and topography of the right-of-way, the number of property owners
requesting dockage at that location, the plan of the proposed dock, and conformance
with city and Lake Minnetonka Conservation District dock regulations. The council may
establish reasonable standards or requirements in approving any such dock permit.
(4) Encroachments prohibited. No private property, buildings, structures, fences, boats,
vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time
within any platted public right-of-way, within any platted public park, or on any other
property owned by the city except as specifically authorized by a permit issued under
this section.
(5) Permit excepfions. No permit shall be required for any person to walk on or over
any platted public right-of-way or any platted public park when such use is made without
altering the natural state of the land. No permit shall be required for any person whose
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
� ARTICLE IV. DISTRICT REGULATIONS Page 9 of 21
property abuts a platted public right-of-way or a platted public park to control weeds or
brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and
presentable manner. Persons whose record lot established by section 78-568 consists of
tax parcels divided by platted, unopened public right-of-way may incorporate and use
such right-of-way as part of their yard without a permit, provided no permanent
structures are erected or maintained within the right-of-way.
(6) Public use limited. Any permit issued under this section shali be deemed to open
the platted public right-of-way only to the extent necessary as established in the permit,
and for the limited use of the permittee and his invitees.
(7) Permit limitations. A permit issued under this section shall not grant or vest any
property rights to use of the public right-of-way or other public property, or in any
improvements. Permits issued under this section shall be valid for one year, shall be
subject to change, alteration or revocation for cause by the council at any time, and shall
be automatically renewable on the anniversary of the date of issuance except upon
written notice from the city to the permittee at least 30 days prior to the anniversary
date.
(8) Hold harmless. As a condition of issuance of any permit, the applicant shall in
writing release, indemnify and hold harmless the city from any and all claims or causes
of action arising out of the use or alteration of the platted right-of-way by applicant or his
invitees.
(9) Permit hearing and notice. The planning commission or the council shall hold a
public hearing or hearings on each application for a permit. Notice of the public hearing
shall be given not less than ten days nor more than 30 days prior to the date of the
hearing by publication in the legal newspaper for the city. Such notice shall contain the
description of the land and the proposed use. At least ten days before the hearing, the
city clerk shall mail an identical notice to the applicant and to each of the property
owners within 350 feet of the outside boundaries of the land in question. Failure of the
property owners to receive notice shall not invalidate the proceedings. At the public
hearing, the planning commission or the council shall review the application and the
statements and drawings submitted with the application and shall receive pertinent
evidence concerning the proposed use and the proposed conditions under which it
would be operated or maintained.
(Code 1984, § 10.31(5))
Sec. 78-568. Lot area requirements.
Within any RS seasonal recreational district, no new lot or parcel shall be created ess than 5.0
acres in dry-buildable lot area exclusive of any wetlands. Within any RS seasonal recreational district,
the following provisions shall govern the buildability, use and/or subdivision of each existing record lot:
(1) Record lot definition. For purposes of the RS seasonal recreational district, a
"record lot" shall mean all the contiguous or abutting land owned in common by the
same person or persons as of November 9, 1981, or at any time such common
ownership may occur thereafter, inc u ing one or more separately platted lots or
unplatted parcels of land, and/or one or more separately identified tax parcels. Because
of the unique circumstances and actual use patterns existing on the islands, also
included within the definition of a "record lot" is commonly owned land that is contiguous
except for being separated only by platted unopened public right-of-way. Each record lot
shall be considered in its entirety to be one lot for zoning purposes.
a. The effective date for determination of common ownership is November 9,
1981, the date of adoption of Ordinance No. 238, establishing a moratorium on
http://library4.municode.com/default-test/Doc V iew/13094/1/110/114?hilite=rs; 7/27/2009
' ART"ICLE IV. DISTRICT REGULATIONS Page 10 of 21
development, including land subdivision, on the Lake Minnetonka Islands.
Common ownership as of that date has been and shall be determined by the
deeds of record at the county recorder's office. This definition shall not preclude
the city from recognizing or enforcing the common ownership/lot of record
provisions of Ordinance No. 172, or any other similar prior ordinance.
b. The council has identified and establishes 69 record lots on Big Island,
Mahpiyata Island and Deering Island as listed by record lot number in the left-
hand column of subsections (4), (5), (6) and (7) of this section. Each such record
lot shall include all land identified by all tax parcel property identification numbers
(PIDs) grouped together following the record lot number.
c. Within 60 days after January 13, 1983, the owner of each record lot shall be
notified in writing at his last recorded address of the classification of each record
lot, including all tax parcels determined to be included in such record lot. All
existing uses in the RS district are identified in the record lot inventory,
subsections (4), (5), (6) and (7) of this section, and all such uses have been
deemed to be seasonal in nature. The notice shall provide that in order to receive
the benefits of the automatic lot area variances granted by subsections (6) and
(8) of this section, the owner shall on a form provided by the city acknowledge
the record lot and shall apply for combination of all separate tax parcels pursuant
to subsection (2) of this section. Any record lot owner may appeal the record lot
classification or use determination to the council with no application fee required
within six months of the effective date of this division. The record lot inventory
shall be considered accurate and final for all properties except those found on
appeal to have a demonstrable cause for change or adjustment.
d. Notice of record lot establishment shall be filed by the city in the chain of title
of each property.
e. Future changes in tax parcel property identification numbers caused by
combination of parcels for tax purposes or for any other reason shall not alter the
establishment of record lots. New record lots shall be created only by council
approved subdivisions pursuant to subsection (3) of this section, or by
combination of two or more complete record lots.
(2) Tax parcel combination required. No new building permit, variance or conditional
use permit shall be issued for any purpose on any record lot composed of two or more
tax parcels unless the owner of such record lot shall apply for a formal combination of all
commonly owned property into one parcel. If contiguous, all property shall be combined
into one tax parcel. If separated by public right-of-way, a special lot combination form
shall be executed and filed in the chain of title of each separate parcel.
(3) Subdivision of record lots. All record lots established in this section shall be
continued in common ownership and shall not be subdivided, sold in parts, reduced in
area, leased or otherwise separated without application for and council approval of a
subdivision in accordance with chapter 82. Such subdivisions will normally be approved
and additional new record lots created only if all resulting lots are each 5.0 acres of dry-
buildable lot area or more. No existing record lot shall be divided or reduced in area to
less than 5.0 acres of dry-buildable lot area, except as follows:
a. Lot line rearrangements between abutting properties that do not create an
additional building site will normally be approved.
b. Separation of platted lots divided by public rights-of-way may be approved
provided the separated lot is combined with other abutting property to enlarge the
property without necessarily creating an additional substandard building site.
http://library4.municode.com/default-test/Doc View/13094/1/110/114�hilite=rs; 7/27/2009
� AR�I'ICLE IV. DISTRICT REGULATIONS Page 11 of 21
(4) Subdividable record lot inventory. The following record lots are established, each of
which is determined to have a dry-buildable lot area in excess of 10.0 acres per owner.
Therefore, each of the following record lots may be subdivided into two or more lots in
conformance with the minimum lot area requirements of this section, subject to
subdivision application and approval pursuant to subsection (3) of this section and to
chapter 82. Record lots are identified by record lot number, and each includes all
property identified thereafter by the listed tax parcel property identification numbers:
TABLE INSET:
Record Tax Parcels in Combined
Lot No. Location Common Ownership �ry
Acreage
14-117-23 34 0001
1) Big Island 23-117-23 21 0001 44.5
23-117-23 22 0001
2) Big Island 22-117-23 13 0003
0004
22-117-23 14 0001
0003
23-117-23 22 0014 38.3
0015
3) Big Island 22-117-23 24 0001 17.6
4) Big Island 22-117-23 13 0001
0005
22-117-23 42 0001 19.8
(5) Conforming record lot inventory. The following record lots are established, each of
which is determined to have a dry-buildable lot area of 5.0 acres or more per owner.
Therefore, each of the following record lots are in conformance with the minimum lot
area requirements of this section, and may be used for any one-family permitted or
conditional use in the RS district, subject to all performance standards and approvals
required, including tax parcel combination pursuant to subsection (2) of this section.
Record lots are identified by record lot number, and each includes all property identified
thereafter by the listed tax parcel property identification numbers. "SD" means permitted
seasonal dwelling; "SR" means permitted seasonal recreational use without structures;
"CUP" means conditional use permit:
TABLE INSET:
Record Tax Parcels in Combined Existing
Lot No. Location Common Ownership Acreage Use
14-117-23 34 0001 CUP
1) Big Island 23-117-23 21 0001 44.5 Overnight
23-117-23 22 0001 Camp
2) Big Island 22-117-23 13 0003
0004
22-117-23 14 0001
0003
22-117-23 22 0014 38 3 CUP
0015 Park
http://library4.municode.com/default-test/DocView/13 094/1/110/114?hilite=rs; 7/27/2009
ARTICLE IV. DISTRICT REGULATIONS Page 12 of 21
3) Big Island 22-117-23 24 0001 17.6 SD &
CUP
4) Big Island 22-117-23 13 0001
0005
22-117-23 42 0001 19.8 SR
5) Big Island 22-117-23 14 0002 9.0 CUP
6) Big Island 22-117-23 31 0001 6.3 SD
7) Deering Island 18-117-23 31 0001 6.5 SD
(6) Substandard buildable record lof inventory. The following record lots are
established, each of which is determined to have a dry-buildable lot area of less than 5.0
acres per owner, which lot area is substandard pursuant to the minimum lot area
requirements of this section. However, based upon individual lot surveys and existing lot
development patterns, the record lots listed are granted lot area variances and are
recognized by the councii as buildable lots. Each of the following record lots may be
used for one-family seasonal recreational use or for a single permitted seasonal
dwelling, which may be either the existing dwelling, a replacement dwelling, or if vacant,
a new dwelling, without further council action or review, subject to strict compliance with
all setback, hard cover, on-site sewage treatment and other performance standards for
development in the RS district, including tax parcel combination pursuant to subsection
(2) of this section. Record lots are identified by record lot number, and each includes all
property identified thereafter by the listed tax parcel property identification numbers.
"SD" means permitted seasonal dwelling; "SR" means permitted seasonal recreational
use without structures; "CUP" means conditional use permit:
TABLE INSET:
Record Location Tax Parcels in C�ombined Existing
Lot No. Common Ownership Acreage Use
8) Big Island 23-117-23 23 0001
23 0002 4.3 SR
9) Big Island 22-117-23 24 0006
24 0008 3.7 SD
10) Big Island 23-117-23 22 0002 3.6 SD
11) Mahpiyata Island 22-117-23 13 0002 3.4 SD
12) Big Island 22-117-23 42 0019 3.1 SD
13) Big Island 22-117-23 24 0009 3.1 SR
14) Big Island 22-117-23 42 0001 2.7 SR
23-117-23 32 0028
0029
15) Big Island 0046 2.5 SD
0047
0048
0049
23-117-23 32 0001
0002
16) Big Island 0013 2.2 SD
0014
0015
http://library4.municode.com/default-test/DocV iew/13094/1/110/114?hilite=rs; 7/27/2009
ART'ICLE IV. DISTRICT REGULATIONS Page 13 of 21
0044
23-117-23 32 0030
0031
17) Big Island 0032 2.0 SD
0033
0041
18) Big Island 23-117-23 22 0018 1.8 SD
22-117-23 42 0004
0009
0010
0011
0012
19) Big Island 0013 1.7 SR
0014
0015
0016
0017
0018
20) Big Island 23-117-23 32 0042 1.5 SD
0053
21) Big Island 22-117-23 31 0002 1.4 SR
22) Big Island 23-117-23 41 0001
23-117-23 32 0013
0014 1.3 SD
0015
0019
23) Big Island 23-117-23 22 0008 1.2 SD
0016
23-117-23 32 0043
24) Big Island 0044 1.1 SD
0050
23-117-23 32 0003
25) Big Island 0035 1.0 SD
0040
23-117-23 23 0007
26) Big Island 0008 1.0 SD
0009
0010
23-117-23 32 0005
0006
27) Big Island 0007 0.97 SD
0008
0009
28) Big Island 22-117-23 31 0025 0.97 SD
23-117-23 32 0024
29) Big Island 0025 0.90 SD
0026
30) Big Island 23-117-23 32 0051 0.86 SR
0052
22-117-23 31 0005
http://library4.municode.com/default-test/DocV iew/13 094/1/110/114?hilite=rs; 7/27/2009
ARTICLE IV. DISTRICT REGULATIONS Page 14 of 21
0006
31) Big Island 0023 0.84 SD
0024
32) Big Island 23-117-23 32 0054 0.80 SD
0056
33) Big Island 23-117-23 32 0021 0.75 SD
0022
22-117-23 31 0012
34) Big Island 0013 0.68 SD
0014
0015
22-117-23 31 0017
35) Big Island 0018 0.68 SD
0019
36) Big Island 22-117-23 23 0013 0.66 SD
0014
37) Big Island 23-117-23 23 0015 0.65 SR
0016
38) Big Island 23-117-23 23 0011 0.62 SR
0012
39) Big Island 23-117-23 23 0023 0.59 SD
0024
40) Big Island 23-117-23 32 0023 0.54 SR
41) Big Island 23-117-23 32 0058 0.53 SD
22-117-23 31 0009
42) Big Island 0010 0.51 SD
0011
43) Big Island 22-117-23 24 0002 0.50 SD
0003
44) Big Island 22-117-23 31 0003 0.50 SD
0004
45) Big Island 22-117-23 31 0007 0.49 SD
0008
46) Big Island 23-117-23 23 0017 0.49 SR
0018
47) Big Island 23-117-23 32 0037 0.46 SD
48) Big Island 23-117-23 23 0019 0.46 SD
0020
49) Big Island 23-117-23 23 0021 0.44 SD
0022
50) Big Island 22-117-23 31 0021 0.40 SD
0022
51) Big Island 23-117-23 23 0027 0.39 SR
52) Big Island 23-117-23 32 0004 0.38 SD
0038
53) Big Island 23-117-23 32 0057 0.35 SD
54) Big Island 23-117-23 23 0005 0.33 SD
0006
http://library4.municode.com/default-test/DocV iew/13094/1/110/114?hilite=rs; 7/27/2009
ARTICLE IV. DISTRICT REGULATIONS Page 15 of 21
55) Big Island 23-117-23 22 0017 0.33 SD
56) Big Island 23-117-23 32 0027 0.33 SD
57) Big Island 23-117-23 32 0055 0.33 SD
58) Big Island 23-117-23 32 0034 0.32 SD
0036
59) Big Island 22-117-23 24 0005 0.25 SD
60) Big Island 22-117-23 31 0016 0.23 SD
61) Big Island 22-117-23 32 0039 0.20 SD
62) Big Island 23-117-23 22 0009 0.18 SD
(7) Substandard unbuildable record lot inventory. The foliowing record lots are
established, each of which is approximately one-third acre in area or smaller, which lot
area is too small to accommodate any form of new permanent use without available
services such as municipal sewer. Each of the following record lots are therefore
determined by the council to be unbuildable and may not have structures or buildings
erected unless a variance to this section shall be issued by the council. However, one-
family seasonal recreational use without structures pursuant to section 78-564(2) shall
be permitted subject to strict compliance with all on-site sewage treatment performance
standard requirements for the RS district. Record lots are identified by record lot
number, and each includes all property identified thereafter by the listed tax parcel
property identification numbers. SR means seasonal recreational use without structures:
TABLE INSET:
Combined
Record Tax Parcels in Existing
Lot No. Location Common Ownership Acreage Use
63) Big Island 23-117-23 23 0003 0.35 SR
0004
64) Big Island 23-117-23 22 0010 0.34 CUP-Park
0011
65) Big Island 23-117-23 32 0016 0.26 SR
0017
66) Big Island 22-117-23 24 0004 0.25 SR
67) Big Island 23-117-23 32 0020 0.21 SR
68) Big Island 22-117-23 32 0018 0.18 SR
69) Big Island 22-117-23 31 0020 0.18 SR
(8) Substandard unbuildable record lot exception. Any new record lot resulting from
future combination for ownership and tax purposes of any two or more adjacent record
lots listed in subsection (2) of this section with each other and/or with another vacant or
undeveloped record lot, which total dry-buildable acreage meets or exceeds one-half
acre, will be granted an automatic lot area variance and will be recognized by the council
as a buildable lot as if it had been listed under subsection (6) of this section. Each such
new record lot may be used for one-family seasonal recreational use without structures,
or for a single permitted seasonal dwelling without further council action or review,
subject to strict compliance with all setback, hard cover, on-site sewage treatment and
other performance standards for development in the RS district, including tax parcel
combination pursuant to subsection (2) of this section.
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
� ARTICLE IV. DISTRICT REGULATIONS Page 16 of 21
(Code 1984, § 10.31(6); Ord. No. 28 3rd series, § 14, 8-22-2005)
Sec. 78-569. Lot width requirements.
Within any RS seasonal recreational district, no new lot or parcel shall be created less than 200
feet in width measured at the shoreline and at the building site. No existing lot of record shall be
reduced by any lot line rearrangement to less than 50 feet in width measured at the shoreline and at the
building site.
(Code 1984, § 10.31(7))
Sec. 78-570. Yard and setback requirements.
Within any RS seasonal recreational district, the following yard and setback requirements shall
be observed for all new structures and for any addition or alteration to any existing structure, whether
temporary, seasonal or permanent:
(1) Minimum setback from lakeshore, all structures, including decks, fences, retaining
walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet.
(2) Minimum setback from wetlands shall be:
a. Wells and sewage treatment systems, 75 feet.
b. All structures, land alteration or hard cover of any kind, shall meet the
setback requirements established within article XI of chapter 78 of this Code (the
wetlands protection element of the Zoning Code).
(3) Minimum setback from platted street rights-of-way, all structures, 30 feet.
(4) Minimum setback from internal side or rear property line shall be:
a. All structures on lots 200 feet or more in width, 50 feet.
b. All structures on existing record lots 100 feet or more in width but less than
200 feet in width, 30 feet.
c. All structures on existing record lots less than 100 feet in width, ten feet.
(5) Minimum setback any building to any other, ten feet.
(Code 1984, § 10.31(8); Ord. No. 28 3rd series, § 15, 8-22-2005)
Sec. 78-571. Lakeshore hard cover regulations.
Within 75 feet of any shoreline, there shall be no excavating, filling, hard cover, temporary or
permanent structures. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent
hard cover. Within 250 to 500 feet of the shoreline, there shall be no greater than 30 percent hard
cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover.
(Code 1984, § 10.31(9))
Sec. 78-572. Building height.
Within any RS seasonal recreational district, no structure or building shall exceed 2 1/2 stories
and shall not exceed 30 feet in height except as provided in section 78-1366.
http://library4.municode.com/default-test/Doc V iew/13094/1/110/114?hilite=rs; 7/27/2009
• ARTICLE IV. DISTRICT REGULATIONS Page 17 of 21
(Code 1984, § 10.31(10); Ord. No. 18 3rd series, § 3, 9-27-2004)
Sec. 78-573. Building construction standards.
Within any RS seasonal recreational district, all new buildings or structures and all additions,
repairs, alterations or improvements to existing buildings or structures shall be built in strict
conformance with the current edition of the state building code as adopted and amended by the city,
and with the following regulations:
(1) Foundations required. All new or remodeled seasonal dwellings or guest cabins
and all principal dwellings shall be placed on a permanent frost-depth, solid masonry or
treated wood foundation that completely encloses the entire perimeter of the building.
(2) Minimum dwelling area required. All new or remodeled dwellings or habitable
buildings shall meet or exceed the following minimum square footage of enclosed floor
area on the main floor:
a. Tents, screenhouses or other permitted accessory structures, no minimum
' area required.
b. Seasonal dwellings or guest cabins, 400 square feet.
c. Principal dwellings, 800 square feet.
(3) Minimum dwelling width required. All new or remodeled dwellings or habitable
buildings shall be at least 20 feet in width at the narrowest dimension.
(4) Minimum roof requirements. All new or remodeled dwellings, buildings or structures
of any kind shall be provided with a fire-retardant roof covering having class A or B
rating, including treated but not untreated wood shakes or shingles, or class C mineral
surfaced asphalt shingles laid as required in the state building code. All new dwellings
shall have a sloped roof of at least 3:12 pitch.
(5) Minimum plumbing requirements. All new or remodeled seasonal dwellings over
800 square feet in floor area, all guest cabins over 600 square feet in floor area, and all
principal dwellings shall be provided with indoor plumbing consisting of at least one
water closet, one lavatory, and one kitchen sink, all connected to an approved on-site
sewage treatment system conforming to the requirements of section 78-574.
(6) Additional fire protection system requirements. Because of the lack of available
public fire protection services, each property owner shall be required to provide
additional private fire protection and life safety systems as follows:
a. Fire-resistive roof coverings as required by subsection (4) of this section.
b. All temporary, seasonal or principal dwellings and guest cabins, except tents,
having bedrooms or used as sleeping quarters shall be provided with approved
smoke detection devices conforming to state building code specifications and
location requirements.
c. Every habitable building or structure shall be provided with at least one
approved fire extinguisher labeled for class A, B and C hazards; and the
minimum extinguisher size shall be 1A10BC.
d. Every principal dwelling shall be provided with additional fire extinguishing
equipment, such as a well, pump and domestic hoseline; a residential-design
automatic fire sprinkler system; or other means of fire suppression equipment as
may be approved by the council.
e. Every nonresidential building having an occupant load of 50 persons or more
http://library4.municode.com/default-test/DocV iew/13094/1/110/114?hilite=rs; 7/27/2009
` ART'ICLE IV. DISTRICT REGULATIONS Page 18 of 21
shall be provided with an automatic fire sprinkler system conforming to NFPA
Standard No. 13, current edition, or with other fire extinguishing equipment as
may be approved by the council.
f. The owner of any building or structure existing and in use, including seasonal
use, as of the effective date of the ordinance from which this division is derived,
shall have a period of two years, not to extend later than January 1, 1985, to
comply with the provisions of subsections (6)b and (6)c of this section, and a
period of five years, not to extend later than January 1, 1988, to comply with the
provisions of subsections (6)d and (6)e of this section; except that if any addition,
alteration or repair is undertaken on such building or structure prior to these
compliance dates, compliance shall be required as a condition of permit issuance
for such work.
(7) Additional building security requirements. Because of the remote location of the
islands, each property owner shall be responsible for providing additional private security
measures for persons and property as follows:
a. Telephone service shall be provided at each principal dwelling, at day-use
recreation areas, and at overnight camps.
b. All buildings or structures shall be provided with substantial locking devices
on all doors and windows.
c. Owners of seasonal dwellings or other buildings are encouraged, but not
required, to place solid lockable shutters over all ground floor windows and doors
when the building is to be unused for any length of time, and especially over the
winter months.
d. Any abandoned or hazardous building shall be securely boarded up within 60
days and shall be razed and completely removed within one year of any notice
issued by the city.
e. Any intrusion alarm system having an audib�e alarm shall be self-resetting.
(Code 1984, § 10.31(11))
Sec. 78-574. On-site sewage treatment systems.
Within any RS seasonal recreational district, all lots, properties, buildings and structures shall be
provided with on-site sewage treatment systems conforming to the requirements of chapter 58, article
II, as amended by the following specific exceptions and requirements pertaining to the RS district.
(1) Systems not required. Vacant property or property used solely for one-family
seasonal recreational use of land without structures, or with accessory structures only,
as permitted by section 78-564(2), need not be provided with an on-site sewage
treatment system, provided that at any time such property is actually in use by one or
more persons for overnight or longer stays an approved marine toilet or portable holding-
tank toilet shall be available on the property or within a watercraft docked or moored at
the property.
(2) Outhouses permitted. Notwithstanding other prohibition in the on-site sewage
treatment code (chapter 58, article II), outhouses or pit-type toilets may be used on
property in the RS district subject to the following restrictions:
a. Outhouses may be used only on property used for:
1. Seasonal dwellings of less than 800 square feet in floor area.
2. Seasonal recreational use of land without structures, or with
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
' ARi ICLE IV. DISTRICT REGULATIONS Page 19 of 21
accessory structures only.
3. Any other permitted or conditional use only upon approvai of a
variance issued by the council.
b. Outhouses shall be dry with no water plumbed-in.
c. Outhouses shall be constructed in accordance with state pollution control
agency specifications and shall be set over a curbed pit of at least 50 cubic feet
capacity.
d. Sealed vault-type outhouses shall not be permitted because pump-out and
sanitary disposal is unfeasible.
e. Outhouses shall be located at least 75 feet from any lakeshore, wetland or
water well, and at an elevation such that the bottom of the pit is at least five feet
above the level of the lakeshore and/or the level of any adjacent wetland or
drainageway.
f. Existing outhouses not conforming to any or all of the requirements of
subsection (2) of this section shall be abandoned, filled in and the superstructure
removed within five years of the effective date of the ordinance from which this
section is derived, not to be later than January 1, 1988.
g. It is unlawful for any person to construct, install or relocate an outhouse
without first obtaining a permit from the city as required for other on-site systems,
except that outhouse permits may be issued to the property owner as well as to
licensed contractors. Permit applications shall specify location, setbacks, pit
design and pit elevation above the water table. All work on outhouses, including
construction, installation, alteration or relocation, shall be subject to inspection
and approval by the city to ensure compliance with the requirements set forth in
subsection (2) of this section, including without limitation proper design,
construction, sanitary setbacks, depth to water table and soil types.
(3) Alternate devices. Alternative waste treatment devices are permitted in lieu of an
outhouse on any property where outhouses are permitted pursuant to subsection (2) of
this section, or where otherwise necessary to provide toilet waste disposal for an existing
dwelling where a conforming outhouse or on-site sewage treatment system cannot be
installed. Such devices shall include incinerating devices, composting devices or small
portable holding-tank toilets which are carried to the mainland for disposal in a sanitary
sewerage system. Alternative systems shall be subject to review and approval by the
city.
(4) On-site sewage treatments systems required. A complete on-site sewage treatment
system, including plumbing fixtures, two sealed septic tanks and underground drainfield
designed, constructed and maintained in full conformance with the on-site sewage
treatment code, is required on all properties in the RS district as follows:
a. Serving all structures containing a principal dwelling.
b. Serving all properties containing two or more dwellings pursuant to a private
guest cabin conditional use permit.
c. Serving all seasonal dwellings over 800 square feet in floor area.
d. Serving all dwellings, buildings or structures containing a water-activated
toilet regardless of the type or duration of use or occupancy.
e. Any dwelling, building or structure having running water plumbed inside to
any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet,
shall have a conforming grey-water disposal system, including a septic tank and
http://library4.municode.com/default-test/DocV iew/13 094/1/110/114?hilite=rs; 7/27/2009
ARTICLE IV. DISTRICT REGULATIONS Page 20 of 21
drainfield connected to such fixture drains.
f. Any existing dwelling, building or structure required by one or more of
subsections (4)a--(4)e of this section to be connected to an on-site sewage
treatment system, but which is not so connected as of the effective date of the
ordinance from which this division is derived, or which has an existing system
that does not conform to minimum setbacks or other requirements of this
division, shall have a new conforming on-site sewage treatment system installed
on or before January 1, 1988.
g. All other provisions of chapter 58, article II, shall apply to on-site sewage
treatment in the RS district, including without limitation the requirement for
construction permits, construction inspection, and regular maintenance
inspections, including payment of the standard annual service charge.
(5) Owner's responsibility. It shall be the responsibility of each property owner to
demonstrate that the on-site sanitation device or system in use or existing on his
property is in conformance with all requirements of this division and chapter 58, article II;
that the device or system properly treats and/or disposes of the entire sewage input
generated on the property; and that the device or system is adequately and properly
maintained at all times. If unpermitted nonconforming, mislocated, or failing devices or
systems shall be found by the city because of complaint and/or routine inspection,
correction orders shall be issued by the building official or on-site manager requiring
repair, alteration or replacement in strict accordance with the requirements of this
division. Failure of any owner to obey such a lawful order shall be cause of the city to
initiate legal actions including condemnation of all occupancy of the property pursuant to
Minn. Stat. §§ 463.15--463.261.
(Code 1984, § 10.31(12))
Sec. 78-575. Garbage removal and sanitation.
Within any RS seasonal recreational district, each property owner, occupant or user shall be
responsible for packing out and off the islands all garbage, refuse, rubbish, junk, old machinery, parts
or debris created or brought onto the island by such person; and for removal of all such materials from
all property owned or occupied by such person:
(1) It is unlawful for any person to discard, dump, bury, deposit, drop, leave or allow to
remain any garbage, refuse, rubbish, junk, old machinery, inoperable or dismantled
motor vehicle, parts or debris on any property in any RS district.
(2) It is unlawful for any person to burn any garbage, refuse or rubbish on any property
in any RS district; except that paper products free from any food residue may be burned
in fireplaces, closed containers or incinerators.
(Code 1984, § 10.31(13))
Sec. 78-576. Open burning prohibited.
It is unlawful for any person to start or allow to burn any open fire on any property within any RS
district without a permit except for permanent gas or masonry barbeques and as permitted under the
Uniform Fire Code.
(Code 1984, § 10.31(14))
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009
' AR"i ICLE IV. DISTRICT REGULATIONS Page 21 of 21
Sec. 78-577. Tree removal regulations.
No trees within 75 feet of the shoreline with a diameter of six inches or more shali be removed
without first obtaining a permit from the council.
(Code 1984, § 10.31(15))
Secs. 78-578--78-600. Reserved.
http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009