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HomeMy WebLinkAboutLA18-000076 (1725 Bohns Pt Rd) Ex J City Code SectionsSec. 78-330. - Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1B district shall exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (feet) Rear Yard (feet) 1 140 35 10 20 30 (c) Within the LR-1B zoning district, the side yard setback for lots that are non-conforming as to their width shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (Code 1984, § 10.24(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 5, 6- 27-2016; Ord. No. 199 3rd series, § 3, 6-12-2017) _____ Sec. 78-1279. - Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd series, § 28, 6-10-2013; Ord. No. 157 3rd series, § 1, 8-10-2015) Sec. 78-1280. - Minimum lowest floor elevations. All structures located within the Shoreland Overlay District which are subject to the floodplain regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements of that article. The regulatory flood protection elevation shall be established as set forth in section 78-1111. All structures constructed within the Shoreland Overlay District shall have their lowest floor, including basement, placed at an elevation no lower than the regulatory flood protection elevation. Where the regulatory floodplain elevation cannot reasonably be determined, the minimum elevation at which the lowest floor, including basement, may be placed shall be determined as follows: (1) For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher. (2) For rivers and streams, by placing the lowest floor at least three feet above the flood of record. (Ord. No. 101 2nd series, § 1(10.56(16)(D)), 2-24-1992) Sec. 78-1281. - Water-oriented accessory structures. The only water-oriented accessory structures allowed to be located nearer the ordinary high water level than the normal structure setback as specified in this article shall be: (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; (2) One flagpole setback from side lot lines a distance no less than the required principal structure side yard setback for the zoning district; and (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height. (Ord. No. 101 2nd series, § 1(10.56(16)(E)), 2-24-1992; Ord. No. 106 3rd series, § 27, 6-10- 2013) Sec. 78-1282. - Driveways, stairways, lifts and landings. (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width. (2) Landings for stairways and lifts shall not exceed 32 square feet in area. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical. (6) Facilities necessary to provide shore area access to physically handicapped persons shall be allowed, provided that the dimensional and performance standards of subsections (1)—(5) of this section are completed in addition to the requirements of the Minnesota Regulations, chapter 1340. (7) A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24-1992; Ord. No. 59 3rd series, § 2, 5-11-2009) Sec. 78-1283. - Steep slopes. Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24-1992) Sec. 78-1284. - Height of structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. (Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24-1992) Sec. 78-1285. - Vegetation alterations. (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 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 from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. (b) Intensive vegetation clearing within 75 feet of the shoreline, on steep slopes or within the bluff impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs 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 principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7-11-1994; Ord. No. 178 3rd series, § 14, 10-10-2016) Sec. 78-1286. - Topographic alterations/grading and filling. (a) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this article. (b) Grading, filling or excavating of more than 50 cubic yards is prohibited within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. (c) Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75 feet of the ordinary high water level of the public waters enumerated in section 78-1217. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: (1) Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. (2) All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and driveways, a land alteration permit will be required as follows: (1) For movement of up to 50 cubic yards of material within 75 feet of public waters as per item (b) above, a staff-issued land alteration permit shall be required. (2) For movement of 51 through 500 cubic yards of material anywhere within the Shoreland Overlay District, except for within 75 feet of public waters, a staff-issued land alteration permit shall be required. (3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. (e) The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 1, 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: a. Sediment and pollutant trapping and retention; b. Storage of surface runoff to prevent or reduce flood damage; c. Fish and wildlife habitat; d. Recreational use; e. Shoreline or bank stabilization; and f. Noteworthiness, including special qualities, such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews or approvals by other sections of city ordinances or by other local, state or federal agencies including but not limited to watershed districts, state department of natural resources, or the United States Army Corps of Engineers. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. (6) Fill or excavated material must not be placed in a manner that creates an unstable slope. (7) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer for continued slope stability and must not create finished slopes of 30 percent or greater. (8) Fill or excavated material must not be placed in bluff impact zones. (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner of the department of natural resources under Minn. Stat. § 103G.245. (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. A riprap permit shall be obtained per the requirements of section 78-969. (f) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors, are prohibited above the ordinary high water level. Such excavations below the elevation or the ordinary high water level are subject to approval of the department of natural resources and other agencies with concurrent jurisdiction. (Ord. No. 101 2nd series, § 1(10.56(16)(J)), 2-24-1992; Ord. No. 127 2nd series, § 8, 7-11-1994; Ord. No. 163 2nd series, § 3, 12-8-1997; Ord. No. 171 2nd series, § 2, 4-4-1998; Ord. No. 28 3rd series, § 17, 8-22-2005; Ord. No. 133 3rd series, §§ 2, 3, 1-26-2015) Sec. 78-1288. - Hardcover limitations. Hardcover on all lots within the shoreland overlay district shall comply with the requirements of Article XIII: Stormwater Quality Overlay District. (Ord. No. 94 3rd series, § 6, 9-24-2012) Editor's note— Ord. No. 94 3rd series, § 6, adopted Sept. 24, 2012, repealed the former § 78- 1288, and enacted a new § 78-1288 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord. No. 59 3rd series, § 3, 5-11-2009. DIVISION 2. - GENERAL REGULATIONS FOR ALL PARCELS WITHIN THE STORMWATER QUALITY OVERLAY DISTRICT Sec. 78-1680. - Hardcover restriction zones. Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1681. - Driveways, in general. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. Drawing 1 is included for illustrative purposes. Drawing 1: Minimum Driveway Standards (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1682. - Shared driveways. Where one or more properties (referred to as secondary property) gain its driveway access from an adjacent property (a primary property) by virtue of a driveway easement, the following shall apply: (1) The portion of the shared driveway on the primary property that serves both primary and secondary property shall be considered hardcover for the primary property. (2) That portion of the driveway on the primary property that serves only secondary property shall not be considered hardcover for either primary or secondary property. Drawing 2 is included for illustrative purposes. Drawing 2: Driveway Easements (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1683. - Standard hardcover inclusions. The following hardcover items shall be included in proposed hardcover calculations regardless of whether the noted features are proposed to be constructed at the time of a building permit application: (1) Proof of a two-car garage (detached or attached); (2) A driveway for all garages, a minimum of 12 feet in width, subject to the standards in section 78-1681; (3) A 24-inch wide sidewalk connecting the front door to the driveway; (4) The minimum stairway or landing at all exterior doors as required by the building code; and (5) Existing hardcover which encroaches (legally or illegally) onto an adjacent parcel or parcels. a. In such cases of encroachment, the square footage of all encroaching hardcover shall be added to the overall hardcover on the subject lot; b. No credit shall be given towards the overall lot size of the subject lot. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1684. - Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below; and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth-inch spacing between boards and a pervious surface below the decking. (Ord. No. 94 3rd series, § 11, 9-24-2012) Sec. 78-1685. - Massing standards. (1) Non-industrial zoning districts. Except for parcels zoned industrial, all lots in the stormwater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 20 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 2,000 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures where the highest point of the roof is more than six feet above existing ground level. (2) Industrial zoning district. For parcels zoned industrial, the following massing standards for structures shall apply. a. On lots equal to or less than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 35 percent of the gross lot area. b. On lots greater than three acres in area, the total combined footprints of all principal and accessory structures shall not exceed 45 percent of the gross lot area; except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is completely enclosed within the same single building, a lot coverage of not more than 60 percent of the gross lot area will be permitted. (Ord. No. 94 3rd series, § 11, 9-24-2012; Ord. No. 170 3rd series, § 5, 6-13-2016; Ord. No. 187 3rd series, § 2, 3-13-2017) Sec. 78-1686. - Variances. Variances to hardcover, if granted on lots within the stormwater quality overlay district, may be subject to mitigation measures deemed appropriate by the city council to offset the impacts generated by the proposed additional hardcover. (Ord. No. 94 3rd series, § 11, 9-24-2012) Secs. 78-1687—78-1699. - Reserved.