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Sec. 7$-1276. Generally.
The Shoreland Overlay District standards are in addition to the requirements set forth in this
chapter for the various zoning districts. In case of conflict, the most restrictive provision applies.
(Ord. No. 109 2nd series, § 1(10.56(96)), 2-24-1992)
Sec. 78-1277. Minimum lot areallot width standards.
Minimum lot area and lot width standards of the underlying zoning district shall apply, with
the following exceptions:
(1) No lot within 1,000 feet of a general development lake and approved for duplex use
per sections 78-228(10), 78-253(10), 78-303(10), 78-328(9), 78-348(10), or 78-367
(10) shall be less than 135 feet in width nor less than 26,000 square feet in area, if
riparian, nor less than 17,500 square feet in area, if nonriparian, but such lot shall also
meet the minimum lot area and width requirements of the respective underlying
zoning district.
(2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228
(10), 78-253(10), 78-303(10), 78-328(9), 78-348(10), or 78-367(10) shall be less than
150 feet in width when no sewer is available, nor less than 115 feet in width when
sewer is available, but such lot shall also meet the minimum lot width requirements of
the respective underlying zoning district.
(Ord. No. 101 2nd series, § 1(10.56(16}(A)), 2-24-1992; Ord. No. 63 3rd series, § 1, 9-14-209)
Sec. 78-1278. Lakeshore access lots.
Lots intended as accesses to public waters or as recreation areas for use by owners of
nonriparian lots within subdivisions are permissible and must meet the following minimum -
standards:
(1) Any such lakeshore access lot shall be designated as an outlot and shall not be
considered as a buildable residential lot.
(2) Such an outlot shall not be subject to minimum lot area or width standards, except
that the number of inland nonriparian lots which may gain access via such outlot shall
not exceed the number obtained by dividing the outlot width measured at the
shoreline by the required zoning district lot width, rounded down to the nearest whole
number.
(3) Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivision
who are provided riparian access rights on the access outlot.
(4) No such access outlot shall be created as part of a subdivision plat except when the
building lots within the subdivision are separated by an existing public or private
roadway from the lakeshore, and the land on either side of the roadway was in
common ownership as of the effective date of Ordinance No. 101, adopted February
24, 1992.
(5) Covenants or other equally effective legal instruments must be developed that specify
which lot owners have authority to use the access lot and what activities are allowed.
The activities may include watercraft launching, loading, storage, beaching, mooring
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' or docking. They can also include other outdoor recreational activities that do not
significantly conflict with general public use of the public water or the enjoyment of
normal property rights by adjacent property owners. Examples of the nonsignificant
conflict activities include swimming, sunbathing or picnicking. The covenants must
limit the total number of vehicles allowed to be parked and the total number of
watercraft allowed to be continuously moored, docked or stored over water, and must
require centralization of all common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation alterations. They must
also require all parking areas, storage buildings and other facilities to be screened by
vegetation or topography as much as practical from view from the public water,
assuming summer, leaf-on conditions. Such covenants are subject to city approval.
(Ord. No. '101 2nd series, § 1(10.56(16}(B)), 2-24-1992)
Sec. 78-1279. Pfacement 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:
etbacks
Sewa e
Public Water tructure reatment
lassification nsewered Sewered S stem
NE 150 150 150
RD 100 75 75
D 75 75 75
ributa 100 75 75
(2) Additiona/structure setbacks. The following additional structure setbacks apply,
regardless of the classification of the water body:
etback from: Setback
in feet
0 of bluff 30
Un latted cemete 50
Right-of-way line of federal, state or county highway and local public and 30"
rivate roads
" Except for detached garages on lakeshore lots as regulated in sectian 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
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' 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 wal/s. 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 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 instances where the average lakeshore setback can not be met,
administrative approval may be granted at the discretion of the planning
director provided no lake views of an adjacent lakeshore lot are obstructed and
adjacent neighbors provide written approval.
(Qrd. Na. 101 2nd serres. § 1(1Q.56(16)(C)), 2-24-1992; Ord. No. 11 3rd series, § 1, 5-24-2004; Ord. No. 106 3rd
senes. §28, 6-90-2Q93}
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. I�lo. 1CI? 2nd series. § 9(10.56(96)(DJ}, 2-24-1992}
Sec. 78-1281. V1Sat�r-oriented acc�s�ory 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.
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' (Ord. No. 101 2r�c�seri�s. § 1(9Q.56(9&)(E)), 2-24-1992; Ord. IVo. 106 3rd series; §27, 8-90-2013)
Sec. 78-1282. Driveways, stairways, ii�€ts 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:
(�) 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.
(�) 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. Na. 101 2nd serres; § 1(10.56(16)(F)); 2-24-1992; Ord. Na. 59 3rd series; §2. 5-11-2009)
S�c. 78-1283. Steep sfopes.
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 ser�es; § 9{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. �
(Orct. Na. lQ1 2nd serr�s, � 1;9t?.56(16)(N)j. 2-24-9992;
Sec. 7�-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
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� 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. Appeals of
staff determinations as to type, size and quality of the trees to be replaced will be to the
council. 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(1CJ.56(96)(!)). 2-24-1992; Ord. Na. 927 2nd serres; § 7, 7-?1-1994}
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 ten cubic yards is prohibited within 75 feet of the
ordinary high water level of the public waters enumerated in section 78-1217. Grading, filling
or excavating of ten cubic yards or less shall require city staff review and permit and be
subject to other pertinent sections of this chapter.
(�) 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:
(�) 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:
(�) For movement of one through 500 cubic yards of material anywhere within the
Shoreland Overlay District, a staff-issued land alteration permit shall be required.
(2) 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)
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� 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;
�• 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.
($) 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
(fl 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.
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� (Ord. No. 109 2nd serres. § 1(i0.56(96}(J)), 2-24-1992; Ord. Na. 127 2nd series; §8, 7-19-1994; Ord. No. ?63 2nd
series §3. 92-8-1997; Ord. No. 171 2nd series, §2. 4-4-1998; Ord. No. 28 3rd series, § 17. 8-22-2Q05)
Sec. 78-1287. Stormwater management.
The following general and specific standards shall apply in addition to those standards found
in article VIII of this chapter and section 82-222:
(1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces
must be used to convey, store, filter and retain stormwater runoff before discharge to
public waters.
(2) A development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities and erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon as
possible and facilities or methods used to retain sediment on the site.
(3) When development density, topographic features, and soil and vegetation conditions
are not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities, such as diversions, settling basins,
skimming devices, dikes, waterways and ponds may be used. Preference must be
given to designs using surface drainage, vegetation, and infiltration rather than buried
pipes and manmade materials and facilities.
(4) When constructed facilities are used to perform water management, documentation
must be provided by a registered professional civil engineer that they are designed
and installed consistent with the field office technical guide of the local soil and water
conservation district.
(5) New constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
(Ord. No. 901 2nc�series, Q 9(10.56(16)(K)). 2-24-1992)
Sec. 78-1288. Nardcc�ver 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 nate—
Ord. No. 94 3rd series, § 6, adopted Sept. 24, 2012, repealed the former 78-1288, and enacted a
new 7§ 8-12$8 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.
Sec. 78-1289. Standards for �ommercia6, pubii� and semipublic uses.
(a) SurFace-water-oriented commercial uses and public or semipublic uses with similar needs to
have access to and use of public waters may be located on parcels or lots with frontage on
public waters, if permitted by the underlying zoning district standards. Those uses with water-
oriented needs must meet the following standards:
(1)
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� In addition to meeting impervious coverage (hard cover) limits, setbacks, and other
zoning standards in this article, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures.
(2) Uses that require shortterm watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum
size necessary to meet the need.
(3) Uses that depend on patrons arriving by watercraft may use the minimum amount of
signage and lighting necessary to convey needed information to the public, subject to
the following general standards: '
a• No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed
in or on public waters by a public authority or under a permit issued by the
county sheriff.
b• Signs may be placed, when necessary, within the shore setback zone if they
are designed in size to be the minimum necessary to convey needed
information. They must only convey the location and name of the establishment
and the general types of goods or services available. The signs must not
contain other detailed information such as product brands and prices, must not
be located higher than ten feet above the ground, and must not exceed 32
square feet in size. If illuminated by artificial lights, the lights must be shielded
or directed to prevent illumination out across public waters.
�• The aggregate square footage of sign space per property shall not exceed the
limitations on sign square footage as regulated in article X, division 4, of this
chapter.
d• Nonsign-related outside lighting may be located within the lakeshore setback
zone or over public waters only if it is used primarily to illuminate potential
safety hazards and is shielded or otherwise directed to prevent direct
illumination out across public waters. This does not preclude use of
navigational lights.
(b) 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.
(Ord. No. 101 2nd series. � 1(10.56(96)(M)�: 2-24-199�)
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Sec. 78-305. Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1A district shall exceed 2'/2 stories and shall not
exceed 30 feet in height except as provided in section 78-1366
�b) Lots. The following minimum requirements shall be observed:
Lot Lot Front ide Side Yard Rear
rea idth ard ard Adjacent Yard
(acre) (feet) (feet) (feet) to Street (feet)
feet
2 00 50 0 50 50
(Code 1984, § 10.23(6); Ord. No. 18 3rd series, §3, 9-27-2004)
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