Bluffland Ordinances, Midwest
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MEMORANDUM
April 10, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Midwest Bluffland Ordinances
I recently received a request for examples of Midwest Bluffland Ordinances. Planning
Services Manager Laura Carstens has provided several examples.
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Michael C. Van Milligen -
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
March 30, 2006
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
SUBJECT: Examples of Midwest Bluffland Ordinances
As you requested, attached are Midwest examples of bluffland ordinances. One of the
ordinances is from Pepin County, Wisconsin. The rest are from cities in Minnesota,
which required communities in the 72-mile Mississippi River corridor to develop plans to
protect the historic, cultural, aesthetic and natural qualities of the river by a Govemor's
Executive Order in 1976.
LC/mkr
Attachments
PEPIN COUNTY ZONING OFFICE
740 7TH AVE WEST
DURAND, "WISCONSIN 54736
PHONE 715-672-8897
FAX 715-672-8677
MISSISSIPPI RIVER
. .
BLUFFLAND ZONING
,
. .
CODE
BLUFF1.DOC
B:\MSOFFICE\WINWORD
11/1 7198
SUMMARY
November 18, 1998
1. History.
A. Initial response to proposed state legislation on slopes greater than
12%.
B. County Zoning CommIttee spproached towns and asked if development
patterns on bluffiands were an issue, and if so, what the county
should do.
C. Two townshIps finn1y stated they were not Interested in state
legislation on the issue and that the county should look at the issue.
D. This lellil. to a number of meetings with citizens of the area and local
government units from 1991 through mid-1993.
E. With Input from these meetings, a code was developed which was ready
to take to the county for adoption and then back to the township for
adoption.
2. CONTENT OF CODE.
A. Defined purpose of the code.
1. BasIcally, the purpose of the Bluffiand Code is somewhat the
same as the Shoreland Code. Both. codes are Intended to
preserve natural aesthetics of an area.
2. The Bluffiand Code also controls the placement of structures and
confllctlnlt land uses by settlnlt minimum lot sizes and widths,
estabUshlng allowable uses of land. and setbacks of buildings.
3. In additIon to definIng lot size and setbacks, the Bluffiand Code
protects the unique aesthetIcs of the bluffs by restricting
removal of woody vegetation and controlling excavatIon.
B. General Provisions
1. Jurisdiction of the code is listed by township, section, then by
forty (40).
2. Dimensions of building sites - 5 acres minimum lot size wIth
300 feet of frontage required, and there is language for
substandard lots.
3. Division of districts.
a. BLUFF AREA - within the Usted forty (40), slopes greater
than 30% and sloping toward Lake Pepin. This is a very
restricted area.
BLUFF2.DOC
B:IMSOFFICE\ WiNWORD
2
11/17/98
b. BLUFFTOP SETBACK AREA - Area which lies between the
blumine (line connecting slopea greater than 30%1 and
forty feet back.
Uses allowed: small, low decks; agriculture,
etc.
c. BUILDABLE BLUFFTOP AREA - area forty feet
back from bluffiine and extending 460 feet
inland.
Uses allowed: Single Family ResideZJce-height
restrictioZJs of 32 feet, eartb./summer vegetatioZJ
tOZJes.
d. TOE SLOPE AREA - Area within 100 feet of toe
slope of bluff with slopes greater than 30%.
Uses allowed: COZJditioZJaJ use SiZJgle Family
ResideZJces.
NOTE: Code than has significant language
defining each area in detail.
e. GENERAL ZONING PROVISION - Permit require-
ments, administrative provisions, condition use.
f. VEGETATIVE CUTTING PROVISIONS - No more
than 20 feet in 150 feet.
g. NONCONFORMING USES - existing structures
allowed additions up to 50% of current fair
market value as long as addition does not
encroach further upon bluffs.
3. ADOPTION.
The code was adopted by Pepin County in June, 1993. The
townships of Stockhom and Pepin (both along Lake Pepin)
adopted the code the same year.
4. EFFECTS OF THE CODE.
A. Decks
B. New developments - property owner awu'eness.
BLlIFF2.DOC
B :\MSOfFICE\ WlNWORD
3
11/17/98
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CHAPTER 19
MISSISSIPPI RIVER BLUFFLAND ZONING CODE
19.01 Statutory Authorization, Finding of Fact, Statement of
Purpose and Title
19.02 General Provisions
19.03 Dimensions of Building Sites
19.04 Use Regulations for Areas Within the Jurisdiction of this Chapter
19.05 Detailed Definitions and Procedures for Establishing Bluffline
Setbacks
19.06 Administrative Provisions
19.07 Conditional Use
19.08 Vegetative Cutting
19.09 Nonconforming Uses
19.10 ~reexisting Parcels
19.15 Enforcement and Penalties
PEPIN COUNTY 01/01/94
[J ("JeA-! t^",
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.01
19.01 STATUTORY AUTHORIZATION. FINDING OF FACT. STATE-
l\fENT OF PURPOSE AND TITLE. (I) STATUTORY AUTHORIZATION. This
chapter is adopted under the authorization in Ch. 59. Wis. Stats.
(2) FINDING OF FACT. The County Board and Townships of Stockholm and
Pepin have recognized uncontrolled use of the blufflands of the Mississippi River within
the County could adversely affect the environment, public health, safety and impair the
tax base of the County. Having recognized these facts, the County Board has taken the
responsibility through this chapter to further the maintenance of safe and healthful
conditions; prevent groundwater contamination and soil erosion; control building sites,
placement of structures and land uses; protect unique wildlife habitat and natural
aesthetics of County bluff area overlooking the Mississippi River.
(3) STATEMENT OF PURPOSE. Through the administration and enforcement
of this chapter, the County Board intends to:
(a) Further the maintenance of safe and healthful conditions; prevent groundwater
contamination and soil erosion by:
1. Limiting structures to those areas where soil and geological conditions will
provide a Safe foundation.
2. Establishing minimum lot sizes to provide a?equate area for private sewage
systems.
3. Control filling and grading to prevent serious soil erosion problems.
(b) Control building'sites, placement of structures and land uses by:
1. Separating conflicting land uses.
2. Setting minimum lot sizes and widths.
3. Establishing setback requirements for building sites.
(c) Protect unique wildlife habitat and natural aesthetics of the bluff area by:
1. Restricting the removal of woody vegetation.
2. Controlling excavation and other earth moving activities.
PEPIN COUNTY 01/01/94
',.
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.01(3)(c)3.
3. Limiting building and development encroachment upon blufflines.
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(4) TITLE. This chapter shall be known as and referred to as the "MississiPE.i
River Bluffland Zoning Ordinance". .
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19.02 GENERAL PROVISIONS. (I) REGULATED BLUFFLAND AREA. The
provisions of this chapter apply to all lands listed below.
(a) Township of Stockholm:
Section 26
NW 1/4, NE 1/4:
NE 1/4, NW 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
SE 1/4, NW 1/4:
. NE 1/4, SW 1/4:
NW 1/4, SW 1/4:
SW 1/4, SW 1/4:
SE 1/4, SW 114:
Section 6
SW 1/4, SW 1/4:
SE 1/4, SW 1/4:
T24N-RI6W
T23N-R16W
Section I
SW 1/4, SW 1/4
SE 1/4, SW 1/4
SW 1/4, SE 1/4
SE 1/4, SE1/4
Section 36
SW 1/4, SW 1/4
Section 18
NE 1/4, NE 1/4
NW 1/4, NE 1/4
SW 1/4, NE 1/4
5E 1/4, NE 1/4
NE 1/4, SE 1/4
SE 1/4, SE 1/4
Section 35
Section 2
NW 1/4, NE 1/4:
NE 1/4, NW 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
SE 1/4, NW 1/4:
SW 1/4, NE 1/4:
NW 1/4, SE 1/4:
NE 1/4, SW 1/4:
NW 1/4, SW 1/4:
SE 1/4, SE 1/4
SW 1/4, SE 1/4
SE 1/4, SW 1/4
NE 1/4, NE 1/4:
NW 1/4, NE 1/4:
NE 1/4, NW 1/4:
SE 1/4, NW 1/4:
SW 1/4, NE 1/4:
SE 1/4, NE 1/4
NE 1/4, SE 1/4
NW 1/4, 5E 1/4
NE 1/4, SW 1/4
SE 1/4, SE 1/4
SW 1/4, 5E 1/4
5E 1/4, SW 1/4
T23N-RlSW
Section 7
Section 12
NE 1/4, NW 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
5E 1/4, NW 1/4:
NE 1/4, SW 1/4:
NW 1/4, SW 1/4:
SW 1/4, SW 1/4
5E 1/4, SW 1/4
SW 1/4, SE 1/4
SE 1/4, 5E 1/4
NE 1/4, NE 1/4:
NW 1/4, NE 1/4:
NE 1/4, NW 1/4:
5E 1/4, NW 1/4:
SW 1/4, NE 1/4:
5E 1/4, NE 1/4:
Section 8
SW 1/4, SW 1/4:
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.02(I)(b)
Section 17
Section 17
NE 1/4, NW 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
SE 1/4, NW 1/4:
NW 1/4, SW 1/4:
NE 1/4, SW 1/4
NW 1/4, SE 1/4:
SE 1/4, SE 1/4:
SW 1/4, SE 1/4:
SE 1/4, SW 1/4:
SW 1/4, SW 1/4:
(b) TownshiD of PeDin:
Section 15
SW 1/4, SW 1/4:
Section 16
SE 1/4, SE 1/4:
Section 21
NE 1/4, NE 1/4:
SE' 1/4, NE 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
Section 19
NW 1/4, SW 1/4 .
SW 1/4, SW 1/4
SE 1/4, SW 1/4
SW 1/4, SE 1/4
T23N-RI5W
Section 22
Section 23
Section 20
NW 1/4, NW 1/4
NE 1/4, NE 1/4
NW 1/4, NE 1/4
NE 1/4, NE 1/4
SE 1/4, NE 1/4
Section 24
SW 1/4, NE 1/4
NE 1/4, NW 1/4
NW 1/4, NW 1/4
SW 1/4, NW 1/4
SE 1/4, NW 1/4
NE 1/4, SW 1/4
NW 1/4, SW 1/4
SE 1/4, SW 1/4
NE 1/4, SE 1/4
NW 1/4, SE 1/4
SW 1/4, SE 1(4
SE 1/4, SE 1/4
(2) COMPLIANCE. The use of any land; size, shape and placement of lots; use,
size, type and location of structures on lots; installation and maintenance of water supply
and waste disposal facilities; filling and grading of lands; cutting of woody vegetation and
subdivision of lots, shall be in full compliance with the terms of this chapter and other
applicable local, State or federal regulations, (However, see 919.09 for standards applic-
SE 1/4, NE 1/4:
SW 1/4, NE 1/4:
NW 1/4, NW 1/4:
SW 1/4, NW 1/4:
SE 1/4, NW 1/4:
NW 1/4, SW 1/4:
NE 1/4. SW 1/4:
NW 1/4, SE 1/4:
NE 1/4, SE 1/4:
NE 1/4, NE 1/4:
NW 1/4, NE 1/4:
SW 1/4, NE 1/4:
SE 1/4, NE 1/4:
NE 1/4, NW 1/4:
SW 1/4, NW 1/4:
NW 1/4, SW 1/4:
NW 1/4, SE 1/4:
NE 1/4, SE 1/4:
T23N-R14W
Section 30
NW 1/4, NE 1/4
NE 1/4, NW 1/4
NW 1/4, NW 1/4
PEPIN COUNTY 01(01194
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.02(3)
able to nonconforming uses.) Buildings, signs. Sp.wagp. disposal systems and changes in
~l'e'ju-k~er.~nless othe~e ex~s~~d~ by a_?ro~ision of tJl!S
chapter. Property owners~ullders and co ractors are responsIble f6fOu11dtrrgcOOeand
GI'd1i1ai1ce compliance and reasonable care in construction.
(3) STATE AGENCIES AND MUNICIPALITIES REGULATED. Unless speci- I
ficaIly exempted by law, all cities, villages, towns, County and State agencies are \
required to comply with this chapter and obtain all necessary permits.
(4) ABROGATION AND GREATER RESTRICTIONS. (a) Ref:ulations Super-
sede Other County Land U. se Reiulations. The regulations contained within this chapter (' 0"" I.."
are in additio to . s . h I _to such lann. linneT nth"r applicable town, '-J
o State or feder.a) land use ordinances, administrative cod~ laws. If the regU: f~
1ations within.this chapter-conflict3Y.ulL:Q(J}er..:r:eguTahonsr..ll1.e.mo.sU<;grictive ot the
conflicting regulations shall apely. -.--.-..-.
(b) Town Board Approval Not Required. Town board approval sb;ill not be
required ~RiRg Iler.d~l "l,;liulI~ oF-tex.1 or map amendments to these regulations.
However, the County Board shall consider the towns' opinion and position when delibe-
rating on a conditional use permit, variance or other permits required under this chapter.
.".
(c) This chapter is not intended to repeal, abrogate or impair any existing deed
restrictions, covenants or easements. However, where this chapter imposes greater re-
strictions, the provisions of this chapter shall prevail.
(5) INTERPRETATION. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall be construed in favor
of the County and shall not be deemed a limitation or repeal of any other powers granted
by Wisconsin Statutes,
(6) SEVERABILITY. If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be
affected thereby.
19.03 DIMENSIONS OF BUILDING SITES. (1) LOT AREA AND WIDTH.
(a) Minimum Area and Width for Each Main Building. The minimum lot area shall be
5 acres and the~Yerage lot width shall be 300' with at least 300' of frontage
on the bluffline.
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(b) Side Yards. There shall be a side yard for each main building. The minimum
width of one side yard shall be 25'. Side yards for accessory buildings shall be 10'.
; .
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PEPIN COUNTY 01/01/94 !~ 1.
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.03(2)
(2) SUBSTANDARD LOTS. A substandard lot which is at least 20,000 sq. ft.
in area and 100' in width at the bluffline may be used as a building site for a single
family dwelling upon issuance of a land use permit by the Zoning Administrator, if it
meets all of the following requirements: ---
(a) Such use is permitted in the zoning district.
(b) The lot was on record in the Register of Deeds office prior to the effective
date of this chapter.
(c) The lot was in separate ownership from abutting lands prior to the effective
date of this chapter. If abutting lands and the substandard lot were owned by the same
owner as of the effective date of this chapter, the .substandard lot shall not be sold or
used without full compliance with the terms of this chapter. including minimum area and
width requirements found in sub. (I) of this section.
(d) All the dimensional requirements of this chapter (including side yard and
setback requirements) will be complied with in so far as practical.
(3) OTHER SUBSTANDARD LOTS. Except for lots which meet the
requirements of sub. (2) of this section, a building permit for improvement of a lot
having lesser dimensions than those stated in subs. (1) and (2) above shall be issued only
after the issuance of a conditional use permit by the County Zoning Committee.
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19.04 USE REGULATIONS FOR AREAS WITHIN THE JURISDICTION
OF THIS CHAPTER. (1) DIVISION OF DISTRICTS INTO LAND FORM AREAS.
Use regulations within the district are geared to the slope and location of lands.
Subsections (2), (3). (4) and (5) of this section state a brief definition of separalf:1and
form areas and list the use regulations which apply to each. Section 19.05 contains more
elaborate and precise rules for defining the land form areas.
(2) USE RESTRICTIONS IN BLUFF AREAS. Bluff areas are all lands within
the district which have a slope 30% orgreater anciSiope toward Lake Pepin or the
Mississippi River.
(a) Permitted Uses.
1. Agricultural uses, not including structures.
2. Sustained yield forestry (thinning and selective cutting only).
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.04(2)(a)3.
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3. Hiking trails.
4. Nonstructural recreational uses.
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5. Soil conservation work which meets Soil Conservation Service standards and
specifications.
(b) Conditional Uses. Utility transmission services including only lines.... ~bles
or conduits used to transport large blocks of power or material or to conve~lligr:ice.. --,-
In the case of electrical -power, this applies only to transmission lines operating 'at 09 ,000
volts or more.
(c) SQeCial Prohibitions. 1. No use may be established within the bluff area
which is not aG.tfiOrized~rmittCd, or listed as a conditional use.
- ..0:' -7
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2. In addition, the following activities are specifically prohibited within the bluff
area: any grading or filling or other alteration of the land form which may result in
erosion, sedimentation. impairment of the natural ecosystem of bluff except for those
listed under subpar. (2)(a)5. above.
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3. No roads, public or private. local utility lines or services shall be establish~
in bluff areas except as needed to serve structures located in the bluff area on the date
this chapter is enacted and then only as a conditional use.
4. No signs of any character may be established in bluff areas.
(3) ~FfOP SETBACK AR~lufftop setback areas are all lands within
the district \vtm:11 lie DeLw~ till Ill..ffli...... ('Ii3hich is a line connecting points at which
slope of a bluff becomes less than 30 %) and a bluffline setback line lying 40' parallel to
and inland from the bluffline. Section 19.05(5) specifies how the bluffline setback line
shall be determined for each parcel. The use restrictions for the blufftop setback areas 6<;rf
shall be as follows: /~_
(a) Permitted Uses.
1. Decks less than 400 in total square feet including walkway and less than 7'
in total height from original grade to highest structural point including the railing.
-'
2. Agricultural uses, not including structures.
3. Sustained yield forestry_ (Thinning and selective cutting only.)
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.04(3)(a)4.
4. Hiking trails.
5. Recreational uses.
6. Soil conservation work which meets Soil Conservation Service standards and
specifications.
(b) Conditional Uses. Utility tranSmission services including only lines, cables
or conduits used to tranSport large blocks of power or material or to convey intelligence.
In the case of electrical power, this applies only to transmission lines operating at 69,000
volts or more.
(c) SDecial Prohibitions.
1. No use may be established within the bluffline setback area which is not an
authorized permitted use or is listed as a conditional use.
2. In addition, the following activities are specifically prohibited within the
blufftop setback area: any grading or filling or other alteration of the land form which
may result ill erosion, sedimentation, impairment of the natural ecosystem of bluff except
for those listed under par. (a)6. above.
3 . No roads (public or private) or local utility lines or services shall be
established in the bluffline setback areas except as needed to serve structures located in
the bluff or bluffline setback area on the date this chapter is enacted and then only as a
conditional use.
4. No signs of any character shall be established in bluffline setback areas.
(4) BUILDABLE BLUFFfOP AREA. Buildable blufftop areas are all lands
within the district which are inland 460' from the bluffline setback line and not included
within either the bluff area or the bluffline setback area.
(a) Use RelZUlations.
1. Permitted Uses. All uses listed as permitted uses in par. (2)(a) and par. (3)(a)
above.
a. Single family residences and uses accessory to single family residential
structures which shall be in compliance with a bluffline setback line located 40' from the
bluffline. .
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PEPIN COUNTY 01/01/94
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MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.04(4)(a)1.b.
b. Agricultural structures not used for human occupancy provided that all such
structures shall not be located within the bluff top setback area.
2. Conditional Uses. a. Utility transmission services as defined and limited in
par. (2)(b) and par. (3)(b) above.
b. Single family residences, uses accessory to single family residential structures
and agricultural structures not used for human occupancy, when any of such uses are pro-
posed to be located closer than 40' from the bluffline but not closer than 20' from the
bluffline.
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c. Grading or filling of the natural topography which can be viewed from the
river in excess of that normally required for construction of a structure or for normal
yard maintenartce .
/
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d. Multi-family residences and uses accessory to the multi-family development.
(b) Setbacks.
1. No residential structure shall be allowed within the 40 foot bIUffli~~~V
area unless a conditional use permit has been issued by the Zoning Committee. n./no
case-shall any residential structure or enclosed structure be located closer than 20' to the
bluffline.
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J.I. "~. 2. The highway setback provisions of the County Zoning Code shall be
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~ .\ (c) Hei~ht of Residential Structures.
I. Residential buildings (single and multi-family) dwellings allowed as permitted
~under this ChaP. ter shall be no more than 32' in height, with .height ~. urements
commencing at the level of the lowest u""hle floor. <-- 'i' ~ /f:r! ~f<,o,. '(
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~ 2. Residential buildings (single and multi-family) approved as conditional use
or granted variances shall not exceed one story in height, provided that up to 25' in
~'-- structural height be allowed if measured from the level of a basement tloor when allea>l-
r - 50% of the basement story is, for its entire perimeter, below the natural ground level.
(d) Color of Structures. The exterior color of structures, including roofs, shall
be in earth or summer vegetation tones.
PEPIN COUNTY 01/01194
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MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.04(5)
(5) TOE SLOPE AREA. The toe slope of a bluff area is defined as the area of
land within 100' of the convex part of the slope where the percent of slope relaxes to less
than 30%. The following use restrictions shall apply to this area:
"\
/
(a) Permitted Uses.
1. Agriculturall!ses, not including structures.
2. Sustained yield forestry. (Thinning and selective cutting only.)
3. Hiking trails.
4. Nonstructural recreational uses.
5. Soil conservation work which meets Soil Conservation Service standards and
specification; .
(vIA ~~)
1. Those condition ar. (2)(b) and (3)(b) of this section.
.( ---
2. \The drafters of this chapter recognize ~rmitted uses as allowed under pars.
(3)(a) and ($) of chis sectiO.l may -tJeallowed on slopes of greater than 30% at the toe
of the slope. It is also recognized that each proposed development at the toe slope of a
bluff area must be considered on a case-by-case basis and treated as a conditional use.
The Zoning Committee in considering a conditional use permit under this section shall
consider, but is.not limited to, the following:
a. TOPO~~ .'1percent, length and direction of slope.
(b) Conditional Uses.
?
b. Structure Design. Proposed structure's physical characteristics such as overall
dimensions and design, siding type and color.; roof covering type and color. .
c. Visibility. Overall location of structure in respect to the structure visibility.
d. Site Alteration. The extent of alteration of the ground surface which must be
completed to pl)y.sic / low the proposed development to occur and the possibility of
erosion. The veming b y of this chapter, when considering a conditional use permit
under this section, require the applicant to obtain a construction site erosion plan
which must be appro led by County staff.
~.,,) be('~
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.04(5)(b)2.e.
e. Vegetation. The alteration, removal or addition of natural vegetation. -'
f. Lighting. The use of artificial lighting in association with the proposed
development.
3. Special Prohibitions. a. No use may be established within the toe slope area
which is not authorized, permitted or listed as a conditional use.
b. No signs of any character may be established in a toe slope area.
19.05 ~~I~ED DE~TIONS AND PR~F.:JES FOR ESTABLISH-
ING BLUFFLINE SETBACKS. G'IA:~'
I ., \ r (J........ .
vv.w- /"
------------- - ?
- . -.-- Blufft~~dablc
Bluffllnc,- Sctback Bluff top
Bl ff . --. Area... Area 460 ft.
u~re.. 'tl-'""lLc
!f-t.0'
. . ~
3~ or more Bluffllne
1:oe Slope slope Setb,(ck
I\rea
100 ft. LIne
nluff~!
~Bluffllne
30'\. or RtOre slo
Diagram 1 _ w5r; ~
,
'.
PLAN VIEW
'3~ or
more. slope
Less than
3~ ".lo!",
'"
0-
.2 30'% or
'"
. inore elope
tl
40'
I
SIIOItE-. J
LIHE.----" ,
OR IIlGlIUAY
Bluff Area ·
,
l-
I
I ft.
BlufflLnes
BluE( Area ! t:p ,
__I tbscj<
Area,
Bulldable
Blufftop
Area
(1) PURPOSE. This section supplements subs. 19.04(2), (3), (4) and (5) in
stating more detailed definitions of the land form sub-areas and setback lines used in this
district.
(2) BLUFF AREAS DEFINED. Bluff areas are lands having a slope of 30% or
greater and slope toward Lake Pepin or the Mississippi River. There may bemore than
one bluff area on a parcel of land.
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.05(3)
(3) BLUFFLINE DEFINED. Blufflines are lines connecting points along the top
edge of a bluff area at which the slope becomes less than 30 % .
(4) BLUFFTOP SETBACK AREAS DEFINED. Blufftop setback areas are lands
lying between blufflines and bluffline setback lines.
(5) BLUFFLINE SETBACK LINE DEFINED. Bluffline setback lines are lines
established parallel to and inland from a specified distance from a bluffline.
(a) Setback Line Established. Unless a lesser distance of separation between a
bluffline and its parallel setback line is ordered undersubpars. 1. or 2. below, the bluff-
line setback line shall be located 40' from a bluffline.
1. Following review of a variance application requesting such changes, the
?card of Adjustment may direct that a reduced setback distance be applied to a parcel.
In no case, ho\l\1ever, may the setback be reduced to less than 20' from the bluffline.
Reductions for preexisting parcels shall be governed by ~ 19.03(2). Reductions for other
parcels may be ordered only upon findings by the Board of Adjustment that:
a. To maintain the standard 40 foot setback will produce severe hardship
because of unique physical characteristics of the land.
b. Construction which would be allowed because of the reduced setback will be
no more visually conspicuous as viewed from the water edge 200 yards from the ordinary
high watermark under summer vegetative conditions than would a building constructed
in compliance with the 40 foot standard setback.
c. Structures allowed to be located closer than the ;40 foot standards setback
shall not .exceed one story in height. Reductions in setbacks ordered under the above
procedure shall be the minimum amount needed to overcome the hardship if such
hardship can be reduced consistent with par. (b) and in no case shall the setback be less
than 20' from the bluffline.
(b) Establishin~ Bluffline Setback Lines for Areas With Notched Bluffs. Coves
and Other Unusual Land Forms. Certain areas within the Mississippi River Bluffline have
unusual land forms which are not appropriate to the strict application of the above
standards. In areas within this district in which there are notched bluffs, coves, inlets or
other similar land forms involving bluffs descending to or near the high water elevation
of the Mississippi River but in directions not parallel to the direction of flow of the
Mississippi River, an artificial bluffline shall be allowed to be established by the Zoning
Administrator. Persons desiring to challenge the Hnes so established may appeal the
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.05(5)(b)1.
determination to the Board of Adjustment, which shall hear the matter under its rules and
bylaws and affirm, modify or reject the determination of the Zoning Administrator. Deci-
sions by the Zoning Administrator and the Board of Adjustment on such an artificial1ine
shall be based upon the following standards:
1. An artificial bluffline may be established only where use of the bluffline
definition provided in sub,. (3) would result in buildings being required to be set back far
more than is necessary to achieve the purposes of the district.
2. Artificial blufflines shall be placed in such a way as to result in a bluffline
setback line that will ensure that construction inland thereof will be no more visually
, conspicuous or capable of erosion or subject to the hazards than would construction that
is allowable on nearby lands having unusual land forms; and,
3. In no case shall an artificial bluffline be established in a manner which would
result in greater restrictions being imposed upon land usage than would application of the
standard bluffline.
Diagram 2
\lA:IER
------- - ---- ---
- --= -- --= ~ --::
Shore lLne..../ - \ 3- I 1 \ . \
." v., + S ope
,
Blufflille
-- --7
Blufflille
Setback. LLne
-----...
--- ,
.
,
\ 301< ~ Slope \
-
Artificial Bluffline
Setback Llne
,
,
,
,
,
I
,
"
,
,
,
,
---------
,
--
"
(6) BUILDABLE BLUFFTOP AREA DEFINED. Buildable bluff top areas are
areas within the district which are not within the bluff areas or the bluffline setback
areas. These areas are characterized as "buildable" in the sense that they are outside of
the 2 landform areas (bluff and bluffline setback areas) which are subject to special
provisions by terms of this chapter. A buildable bluff top area will be truly eligible for
new construction only if it meets all terms of this chapter and other County and local
ordinances. The buildable blufftop area shall extend 460' inland from the bluffline
setback area. Beyond the limits of the buildable blufftop area the provisions of this
chapter shall not apply.
PEPIN COUNTY 01101194
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.05(7)
(7) TOE SLOPE AREA DEFINED. The toe slope of a bluff area is defined as
the area of land within 100' of the convex part of the slope where the percent of slopes
relaxes to less than 30 % .
19.06 ADMINISTRATIVE PROVISIONS. (I) ZONING ADMINISTRATOR.
The Zoning Administrator shall have the following duties and powers:
(a) Advise applicants as to the provisions of this chapter and assist them in
preparing permit applications and appeal forms.
(b) Issue permits and certificates of compliance and inspect properties for
compliance with this chapter.
(c) Keep records of aU permits issued, inspections lr."je, work approved and
other official actions.
(d) Have access to any property between 8 a.m. and 6 p.m. for purposes of
performing these duties with proper notification, if requested.
(e) Investigate and report violations of this chapter to the appropriate County
Zoning Committee and the District Attorney or Corporation Counsel.
(f) Issue County citations under ~25.04(4) of this Code of Ordinances.
(2) LAND USE PERMITS. (a) When Required. Except where another section
of this chapter specifically exempts certain types of use from this requirement, a land use
permit shall be obtained from the Zoning Administrator before any new development is
initiated. "New development" is defined as any man-made change to improved or
unimproved real estate, including but not limited to: construction of buildings, structures
or accessory structures; construction of additions or substantial alterations to buildings,
structures or accessory structures; placement of mobile homes; filling grading, paving
or excavation; and deposition or extraction of earthen materials.
(b) ADplication. An application for a land use permit shall be made to the Zoning
Administrator upon forms furnished by the County and shall include, for the purpose of
proper enforcement of these regulations; the following data:
1. Name and address of applicant and property owner.
2. Legal description of the property and type of proposed use.
PEPIN COUNTY 01/01/94
,
. '
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.06(2)(b)3.
3. A sketch of the dimensions of the lot and location of buildings from lot line,
centerline of abutting highways and locations of any easements. .,
4. Location of sanitary system and well on property.
5. Two foot contour map of lot and distances of any structure from 20% slope
area. This information ml1-Y be waived at the discretion of the Zoning Administrator.
19.07 CONDITIONAL USE. (1) APPLICATION. In addition to requirements
otherwise contained in the ordinances of Pepin County, an application for a conditional
use permit as listed under this chapter shall include the following if applicable:
(a) A plat or map of the property and its immediate surrounding area showing:
1. Location.
2. Boundaries.
3. Dimensions.
.'
'.
4. Utility and roadway corridors.
5. Ordinary high water elevation.
6. Regional flood elevation if within the floodplain district.
7. General elevations.
8. Specific locations of all blufflines on the property, certified as to accuracy
by a registered land surveyor.
9. Location of existing or proposed structures.
10. Location of existing and identification of proposed alterations of vegetation
and topography.
11. Adjoining land and water uses.
(b) Written information on:
1. Soil test/soil profile description for the private sewage system to serve the
structure if applicable.
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.07(1)(b)2.
2. Anticipated demand to be generated by the proposed use for services such as
police, fire, school and other public services.
(2) REVIEW AND DECISION ON CONDITIONAL USE. (a) Upon receipt of
a completed application and pursuant to procedures of the County Zoning Committee,
Zoning Administrator, on behalf of the Board of Adjustment, shall transmit the complet-
ed application along with. request for comments and recommendations to concerned town
boards.
(b) The Zoning Committee shall hold a public hearing on the proposed
conditional use, under the guidelines. Such hearing shall be held no sooner than 20 days
after the mailing of the transmittals provided for under subpar. 1. of this subsection.
(c) Following the hearing, the Committee shall issue a decision whether to grant, \
grant conditionally or deny the application. The decision shall be based upon the follow-
ing factors and standards which other sections of this chapter require be applied to the
proposal :
1. Impact of the proposed use upon the scenic and recreational qualities of the
Mississippi River.
2. Prevention of soil erosion based upon consideration of slopes, soil types and
vegetative coverage.
3. Ability of existing or future access roads to accommodate traffic demands.
4. Compatibility with uses on adjacent lands.
S. Decisions by the Committee on establishment of blufflinesetback lines shall
be governed by the standards of ~ 19.0S(S)(b).
(3) GRADING AND FILLING. Applicants for a conditional use permit to allow
grading and filling shall submit detailed plans for proposed earth moving activities.
Approval of such plans shall be conditioned upon the following:
(a) No filling or grading shall be allowed on slopes greater than 30 % and which
fall under the jurisdiction of this chapter except as part of a Soil Conservation Service
practice under ~19.04(2)(a)5. and (3)(a)6.
(b) The smallest amount of bare ground shall be exposed for as short a time as
possible.
PEPIN COUNTY 01/01/94
, .'
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.07(3(c)
(c) Temporary ground cover shall be used and permanent ground cover shall. be
planted as soon as practicable.
(d) Diversions, settling basins, terraces and other methods to trap sediment shall
be used if applicable.
(e) Fill shall be stabilized according to acceptable engineering standards.
(t) A site inspection by the Zoning Administrator shall be made prior to the
consideration of the application by the Zoning Committee and after completion of grading
and filling.
19;08 VEGETATIVE CUTIING. Tree and shrubbery cutting in a strip
paralleling the bluffline shall be limited with the following provisions:
(1) No more than 20' in any 150' as measured along the bluffline shall be clear ___. /~
cut.
(2) Natural shrubbery shall be preserved as far as practical and, where remov,ed,
it shall be replaced with other vegetation that is equally effective in retarding runoff,
preventing e.osion and preserving natural beauty.
M~7
19.09 NONCONFORMING USES. (I) LAWFUL USE. The lawful use of a
building, structure or property existing at the time this chapter or an amendment to this
chapter takes effect, which is not in conformity with the provisions of this chapter,
including the routine maintenance of such a building or structure, may be continued
subject to the following conditions:
(a) No structural alteration or addition to any nonconforming building or
structure, over the life of the building or structure, shall exceed 50% of its current
estimated fair market value, unless it is permanently changed to a conforming use or falls
under the provisions of par. (l)(c)l. or sub. (2) below.
(b) No structural alteration or addition to a nonconforming building or structure
may encroach further upon the bluff or bluffline than the existing nonconforming building
or structure.
(c) If the alteration or addition of an existing nonconforming building or structure
is prohibited because it is in excess of 50% of the current fair market value, the property
owner may still make the proposed alteration or addition if:
PEPIN COUNTY 01/01/94
MISSISSIPPI RIVER BLUFFLAND ZONING CODE 19.09(l)(c)1.
1. A building or structure with a nonconforming use is permanently changed to
a conforming use;
2. The property owner appeals the determination of the Zoning Administrator
and the County Board of Adjustment reverses the decision of the Zoning Administrator.
(2) DESTRUCTION OR REPAIR OF NONCONFORMING BUILDING OR
STRUCTURE. If nonconforming building or structure is destroyed in excess of 50% of
its current fair market value, the structure may be rebuilt subject to the following
conditions:
(a) The replacement building or structure shall be located in the same location
as the original structure or toward the buildable bluff top area if possible.
(b) The replacement building or structure shall not exceed 32' in total height.
(c) All other provisions of this chapter shall be complied with as applicable.
19.10 PREEXISTING PARCELS. Parcels of record in the Register of Deeds
Office on the effective date of this chapter which do not allow the project to meet the
standards of-this chapter may be allowed as building sites as a conditional use provided
that lands abutting the parcel in question are not under ownership or control of the
applicant and the setback from the bluffline, which must be set by the Zoning
Committee, will only be reduced if a hardship is found on the parcel. Justification for
a relaxation of the standards of this chapter shall be based on limitations imposed by the
physical characteristics of the property, not on the economic or other conditions of the
applicant.
19.15 ENFORCEMENT AND PENALTIES. Any development, any building
or structure constructed; moved or structurally altered, or any use established after the
effective date of this chapter in violation of the provisions of this chapter by any person
(including building contractors or their agents) shall be.deemed a violation. The Zoning
Administrator or the County zoning agency shall refer violations to the District Attorney
or Corporation Counsel, who shall expeditiously prosecute violations. Any person who
violates or refuses to comply with any of the provisions of this chapter shall be subject
to a forfeiture of not less than $10 nor more than $200 per offense, together with the
taxable costs of action. Each day of continued violation shall constitute a separate
offense. Every violation of this chapter is a public nuisance and the creation thereof may
be enjoined and the maintenance thereof may be abated by action at suit of the County,
the State or any citizen thereof under ~87.30(2), Wis. Stats.
PEPIN COUNTY 01/01/94
Model Code for Washington County Communities
Lower St. Croix River Bluffland and Shoreland Management Ordinance
As adopted by the Washington County Planning Commission
August 24, 1976
Ordinance No. 14
Office of County Recorder
Washington County, Minnesota
I hereby certify that the within instrument was filed in this Office at Stillwater for record on
1st day of November A.D., 1976 at 9:00 o'clock A.M. and was duly recorded in Washington County Records
Document # 350965
J.F. Simonet County Recorder
By Rita M. Seib
Deputy
TABLE OF CONTENTS
Pace #
Section 1.
Title ..................................................................................................................................1
Section 2.
Intent and Purpose .. ... ............. ........ .............. ............ ........... ....... ... ................. .... ...... ...... 1
Section 3.
301.
302.
Definitions ... ..... ........ ........... ............. ............... ..................... .............. ..... ...... ....... ....... ..... 1
Construction ......................................... ........................................................................... 1
Definitions ........................................ ...... ................ ............................. .......................... 1.3
Map of District Boundary ................................................................................................. 4
Section 4.
401.
402.
District Provisions ................................ ................. ........................................................... 5
Designation of Districts ....................................................................................................5
Minimum District Dimensional Requirements ...............................................................5.6
Section 5.
501.
502.
503.
504.
505.
506.
Uses Within the St Croix Riverway ..................................................................................6
Purpose ............ ..... ................ ......... .... ....... ............................................................ ...... .... 6
Penmitled Uses ...................... ........................................................................ .................. 6
Site Preservation .... ................................................... ................. .......................... ........6-7
Conditional Uses .................................... ................................................... ...... .............7-8
Prohibited Uses ... ................ ............ .................................. .............................................. 8
Non.Conforming Uses ................... ..................... ........................................... .................. 8
Section 6.
601.
602.
603.
604.
605.
606.
607.
608.
Generai Provisions ....... ........... ..................... ........... ........... ...... ....................................... 8
Substandard Structures ....................... ............. .................. .............. ............................8-9
Substandard lots ..................................................... .................. ..... ................................ 9
Sewage Disposai .......................... .... ....................... ........................... ........ ............. ........ 9
Color of Structures ........................................................................................................... 9
Marinas .... ..... ............................. ............................... ............ ................. ............... ...... 9.1 0
Alterations in Public' Waters .......................................................................................... 10
Transmission Services .............. ....... ...................... ................................... ................ .... 10
Public Roads.......................... ......... ........................ ....................................... ................ 10
Section 7.
701.
702.
703.
Subdivisions ....................... ............... .................................. ......... ........ ........ ................. 10
land Suitability ................. ................................................... ............................. ............. 10
Preliminary Plans ..........................................................................................................1 0
Planned Cluster Developments ................................................................................10-11
Section 8.
801.
802.
803.
804.
805.
806.
807.
Administration ............. ........ ..... ...... .................. ................ ........................... ............... .... 11
Administrative Procedure ..............................................................................................11
Certification by the Commissioner of Natural Resources .............................................. 11
Forwarding of a Final Decision ...................................................................................... 12
Permit Process .... ..................... ..... ......... ........................... ...... .............. ................ ........ 12
Variances ........ ..................... ........... ................................... .................. .......................... 12
Requirements of the Applicant for a Public Hearing .................................................12.13
Factors Considered in local Decisions ......................................................................... 13
Section 9.
901.
902.
Effectuation ................................ .................. .... .......................................... ......... ........... 14
Enforcement ......... .......................................................... ...... ....................... .................. 14
Separability .................................. ................ ............. ...................................... ............... 14
Appendix A.
Suggested Ordinance for Adopting Model lower St Croix River
Bluffland and Shoreland Management Ordinance..................................................... 15-16
SECTION 1. TITLE
101. Short Title. This Ordinance shail be known, cited and referred to as the Lower St Croix River Bluffland and Shoreiand
Management Ordinance; except as referred to herein, where it shail be known as, "This Ordinance".
SECTION 2. INTENT AND PURPOSE
202. Purpose. This Ordinance is adopted for the purpose of:
(1) Designating suitable land use districts along the bluffland and shoreland of the Lower St Croix River.
(2) Regulating the area of a lot, and the length of biuffland and water frontage suitable for building sites.
(3) Reguiating the setback of structures and sanitary waste treatment facilities from blufflines to protect the existing and/or
natural scenic values, vegetation, soils, water, and bedrock from disruption by man-made structures or facilities.
(4) Regulating the setback of structures and sanitary waste treatment facilities from shorelines to protect the naturai scenic
value, floodplain, and water quality.
(5) Regulating alterations of the natural vegetation and topography.
(6) Conserving and protecting the natural scenic values and resources of the river vailey and maintaining a high standard of
environmental quality to comply with Minnesota Department of Natural Resources Standards and Criteria for the Lower St
Croix National Scenic Riverway (NR 2200-2202).
SECTION 3. DEFINITIONS
301. Construction.
301.01. In the event of conflicting provisions in the text of this Ordinance, and/or other Ordinances, the more restrictive provision
shail apply. The Community Zoning Administrator shail determine which is more 'restrictive" and appeals from such determination may
be made in the manner provided herein.,
301.02. Words used in the present tense include the past and, future tense; the singular number inciudes the plural and the plural
includes the singular; the word 'shail' is mandatory, the word 'may' is permissive.
301.03. Unless otherwise specified, ail distances shail be measured horizontaily.
302. Definitions.
302.01. For the purpose of this Ordinance, certain phases and words are hereby defined as foilows:
(1) "Accessory Use" means a use subordinate to and serving the principal use on the same lot and customarily incidental
thereto, such as vegetative cutting and grading and filling.
-1-
(2) "Appurtenance" means a structure subordinate to and serving the principal structure on the same lot and customarily
incidental thereto such as garages, decks, essential services, signs, docks, and stairways and lifts, except that appurtenance
does not include private water supply and sewage and waste disposal systems below the ground.
(3) "Bluffline" means a line along the top of a slope connecting the points at which the slope, proceeding away from the river or
adjoining watershed channel, becomes less than 12% and it only inciudes slopes greater than 12% visible from the river or
any water course tributary to the river. The location of the bluffline for any particular property shall be certified by a registered
land surveyor or the zoning administrator. More than one bluffline may be encountered proceeding away from the river or
adjoining watershed channel. All setbacks required herein shall be applicable to each bluffline.
(4) "Building Line" means a line measured across the width of the lot at the point where the principal structure is placed in
accordance with setback provisions.
(5) "Channel" means a natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct
flowing water either continuously or periodically.
(6) "Dwelling Unit" means a residential accommodation which is arranged, designed, used, or intended for use exclusively as
living quarters for one family.
(7) "Harbor" means a portion of a body of water along or landward of the natural shoreline deep enough for recreational
watercraft navigation, and so situated with respect to shoreline features as to provide protection from winds, waves, ice, and
currents. Natural harbors consist of bays and estuaries, while artificial harbors are constructed by dredging.
(8) "Marina" means an area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of
such services as fueling, sewage pumpout, boat launching, boat repair, and boat storage; except that marina does not mean
temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource
limitations of the site and the needs of the residents of the development.
(9) "Non-Conforming Use" means any use of land established before the effective date of a St Croix Riverway Ordinance which
does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard
dimensions of a conforming use.
(10) "Ordinary High Water Mark" means a mark delineating the highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water mark is
not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open
. water; the main channel, adjoining side channels, backwaters, and sloughs.
(11) "Riverway Boundary" means a legally described line delineating the landward extent of the St. Croix Riverway.
(12) "Scenic Easement" means an interest in land, less than fee title, that limits the use of the land for the purpose of protecting
the scenic, recreational, and natural characteristics of areas in the St Croix Riverway. Unless otherwise expressly and
specifically provided by mutual agreement of the parties, the easement shall be: perpetually held for the benefit of the people
of Minnesota: specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, his
heirs, successors, or assigns. Unless specifically provided by the parties, no such easement shall give the holder or any
beneficiary the right to enter on the land except for enforcement of the easement.
(13) "Screening" means the presence of vegetation or topography which makes any structure on any property visually
inconspicuous in summer months as viewed from the river.
(14) "Setback" means the minimum horizontal distance between any part of a structure and the ordinary high water mark or a
bluffline.
-2-
In areas where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following
water bodies that have penmanent. flow or open water: the main channel. adjoining side channels, backwaters, and sloughs.
(15) "Slope" means all lands between the ordinary high watermark and the riverway boundary having an angle of ascent or
descent of more than 12% (percent) from the horizontal. .
(16) "St Croix Riverway" means all lands and public waters within the riverway boundary subject to the Standards and Criteria for
the Lower St Croix National Scenic Riverway in Minnesota.
(17) "Structure" means any building or appurtenance thereto, except transmission services.
(18) "Substandard Structure" means any structure established before the effective date of a St Croix Riverway Ordinance which
is penmitted within a particular zoning district but does not meet the structure setbacks or other dimensional standards of the
Ordinance.
(19) "Variance" means any modification or variation of the dimensional standards of a St Croix Riverway Ordinance where it is
determined that, because of hardships, strict enforcement of the Ordinance is impractical.
(20) "Visually Inconspicuous" means difficult to see or not readily noticeable in summer months as viewed from the river.
(21) "Watercourse" means a channel in which a flow of water occurs either continuously or intenmittently. The tenm applies to
either natural or artificially constructed channels.
(22) "Wetlands" means land which is annually subject to periodic or continual inundation by water and commonly referred to as a
bog, swamp, marsh, or slough.
-3-
SECTION 4. DISTRICT PROVISIONS
401. Designation of Districts.
401.01. For the purpose of protecting the natural resources and natural scenic values of the land within the boundaries of the
Lower St Croix Riverway and because there is a. difference in development patterns, rural and urban districts shall be established.
441.02. The boundaries of the Lower St Croix Riverway and the urban and rural zoning districts within the Riverway include all of
the land riverward of the legally described boundary line in the officiai copy of the Lower St Croix National Scenic Riverway Master Plan
and as shown on the map designated as the of official zoning map.
401.03. The boundaries of the Lower St Croix Riverway zoning districts on the map designated as the
of official zoning map published herewith is made a part of this Ordinance and is on file with use Community
Zoning Administrator.
402. Minimum District Dimensional Requirements.
402.01. The following chart sets forth the minimum area, setbacks, and other requirements of each district:
Rural District Urban District Urban District with Public
Sewer and Water
(1) Minimum tot size above ordinary high water mark 2 % acres 1 acre 20,000 sq. ft.
(2) Lot width at building setback line 200 feet 150 feet 100 feet
(3) Lot width at water line 200 feet 150 feet 100 feet
(4) Building setback from ordinary high water mark 200 feet 100 feet 100 feet
(5) Building setback from bluffline 100 feet 40 feet 40 feet
(6) On-site sewage treatment system setback from ordinary 200 feet 100 feet
high water mark
(7) On-site sewage treatment system setback from bluffline 40 feet 40 feet
(8) Maximum structure height 35 feet 35 feet 35 feet
(9) Maximum total lot area covered by impervious surface 20% (% acre) 20% (8,700 sq. ft.) 20% (4,000 sq. ft.)
(10) On slopes less than 12%, the controlled vegetative cutting
areas setback are from:
ordinary high water mark 200 feet 100 feet 100 feet
blufflines 40 feet 40 feet 40 feet
402.02. No structures shall be placed or grading done on any slopes greater than 12% (12 feet vertical rise in 100 feet horizontal
distance).
402.03. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with Community
and State Floodplain Ordinances.
-5-
402.04. Exceptions to the minimum dimensional requirements include the following:
(1) Rural Districts, structure setback from the bluffline may be varied to within the 40-100 foot range from the bluffline only by
the variance procedure of this Ordinance. In the event that such a variance is necessary, the following items shall be
considered conditions of the variance.
(i) The existing drainage patterns shall not be disturbed.
(ii) All construction and grading excavation or disruption of the natural ground cover due to the on-site construction shall
be resodded or seeded within 180 days of the date of issuance of the building permit.
(iii) To the greatest extent possible, vegetation over six (6) inches in diameter shall not be removed.
(iv) The structure shall be visually inconspicuous as viewed from the river during summer months.
(v) The site shall be capable of supporting a standard septic treatment system as required in the Sanitary Sewer
Disposal Ordinance, Chapter 4 of the Washington County Development Code.
(2) Developments which provide service to the public and which by their nature require a location on or adjacent to the public
waters and which also require approval of the Commissioner of Natural Resources.
(3) Temporary or seasonal docks which extend into the water a minimum distance necessary for the launching or mooring of
watercraft.
(4) Signs which are necessary for public health and safety or which designate areas available or not available for public use.
(5) Visually inconspicuous stairways and lifts enabling access to the river from steep slopes.
(6) On a vacant bluffland or shoreland lot which has two adjacent lots, with principal dwelling structures on both such
adjacent lots within 200 feet of the common lot line, any new structure shall be set back, the average setback of said
adjacent structures plus 40 feet or the minimum standard setback, whichever is less.
SECTION 5. USES WITHIN THE ST CROIX RIVERWAY
501. Purpose. The purpose of establishing standards and criteria for uses in the St Croix Riverway shall be to protect and
preserve existing natural, scenic, and recreational values, to maintain proper relationships between various land use types, and to
prohibit new residential, commercial, or industrial uses that are inconsistent with the National Wild and Scenic Rivers Act, and the
Federal and State Lower St Croix River Acts.
502. Permitted Uses.
502.01. All structures associated with the following uses are permitted in the St Croix Riverway, subject to the dimensional
requirements of a St Croix Riverway Ordinance.
(1) Conservancy
(2) Agricullure
(3) Single Family Residential
502.02. Accessory Uses. Accessory uses which are incidental to the permitted primary uses of the properly are permitted..
503. Site Preservation. The following standards and criteria are provided to preserve vegetative and topographical screening,
and to retard surface run-off, soil erosion, and nutrient loss.
-6 -
503.01. Vegetative Cutting. On land within 200 feet of the ordinary high water mark in rural districts. 100 feet of the ordinary high
water mark in urban districts, and 40 feet landward of blufflines and on slopes greater than 12 percent in all districts, there shall be no
vegetative cutting of live trees or shrubs without a vegetative cutting permit from the Community Zoning Administrator. A permit may be
issued oniy if:
(1) The cutting, including topping, involves trees less than 6 inches in diameter at breast height; and
(2) The cutting, including topping, involves vegetation which is not screening any structure from view from the river; and
(3) The essential character, quality, and density of existing growths is preserved and continuous canopy
cover is maintained; or
(4) Diseased trees are to be removed, and their removal is in the public interest; or
(5) The cutting is necessary for the maintenance of transportation or utility rights-of-way.
503.02. A vegetative cutting permit is not required for the following provided the existing quality, character, density, and canopy is
maintained as viewed from the river:
(1) Clearing for a validly permitted structure, septic system, roadway, and parking areas.
(2) Maintenance trimming or pruning on a particular parcel or in transportation or utility rights-of-way.
503.03. Grading and Filling. Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high
water mark shall not be conducted without a grading permit from the Community Zoning Administrator. A grading permit may be
issued only if:
(1) Slopes greater than 12 percent (12 feet vertical rise in 100 horizontal feet) are preserved to the greatest extent possible.
(2) Earthmoving, erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is
minimized;
(3) The smallest amount of ground is exposed for as short a time as feasible;
(4) During construction, temporary ground cover, such as mulch is used and permanent ground cover, such as sod, is
planted upon completion;
(5) Methods to prevent erosion and trap sediment are employed; and
(6) Fill is stabilized to accepted engineering standards.
503.04. A separate grading and fitting permit is not required for grading, filling, or excavating the minimum area necessary for a
structure, sewage disposal system, and private road and parking area undertaken pursuant to a validly issued building permit.
504. Conditional Uses.
504.01. Conditional uses are uses which normally are not permitted in the urban or rural districts of the St Croix Riverway unless it
is determined by the governing body, after a public hearing, that the proposed use shall:
(1) Preserve the scenic and recreational resources of the 5t Croix Riverway, especially in regard to the view from and use of
the river.
(2) Maintain, safe and healthful conditions.
(3) Limit erosion potential of the site based on degree and direction of slope, soil type, and vegetative cover.
.7-
504.02. Urban District Conditional Uses. In urban districts ofthis Ordinance, existing zoning districts in effect and uses permitted
on May 1, 1974 by the Community may again be permitted, provided the use has been listed in the Ordinance by the governing body
and has been approved in writing by the Commissioner of Natural Resources.
504.03. Rural District Conditional Uses. In the rural districts of this Ordinance, the following uses may be permitted
as conditional uses:
(1) Govemment resource management and interpretive activities:
(2) Marinas between the Boomsite Highway Wayside and the Northern Boundary of Stillwater.
(3) Govemmental highway waysides, rest areas, information areas, and scenic overlooks.
505. Prohibited Uses.
505.01: In all districts within the St Croix Riverway, the following new uses or expansion of existing uses shall be prohibited:
(1) Sand and gravel operations.
(2). Junk yards.
(3) Mobile home parks.
(4) Downhill ski areas.
(5) Marinas upstream from the Boomsite Highway Wayside and downstream from Stillwater in rural districts.
(6) All uses not authorized in the local zoning ordinances.
506. Non-Conforming Uses.
506.01. Uses which are prohibited by this Ordinance but which are in existence prior to the effective date of this Ordinance shall
be non-conforming uses and may continue as lawful, non-conforming uses. Such uses shall not be intensified, enlarged, or expanded
beyond the permitted or delineated boundaries of the use, activity, or reclamation plan as stipulated in the most current permit issued
prior to the adoption of this Ordinance.
SECTION 6. GENERAL PROVISIONS
601. Substandard Structures.
601.01 All structures in existence prior to the adoption date of this Ordinance which do not meet the structure setbacks and other
dimensional standards of this Ordinance shall be considered substandard structures.
601.02. Any extension, enlargement, or alteration of an existing substandard structure or sanitary facility shall meet the setback
standards of this Ordinance.
601.03. Exceptions to the setback standards for substandard structures may include the following:
(1) An extension, enlargement, or alteration of an existing substandard structure or sanitary facility may be permitted on the
side of the structure or facility facing away from the river and/or bluffline.
(2) An improvement to an existing structure or facility may be allowed to extend laterally (parallel to the river or bluff) when
the improvement is in compliance with the dimensional standards of this Ordinance and the side yard standards of the
local Ordinance.
-8-
(3) Exterior decks attached to the structure which do not extend any roof or foundation, may be permitted to extend laterally
(parallel to the river or bluffline) at the same setback as the substandard structure if said deck is visually inconspicuous in
summer months as viewed from the river, and provided the deck has no roof or building foundation.
(4) Substandard structures which do not meet the bluffland and/or shoreland setbacks shall not be raised in elevation or
roofline, except in floodplain areas and then only to protect the structure.
601 :04. If a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall
comply with the dimensional standards of this Ordinance.
602. Substandard Lots.
602.01. A lot or parcel of land for which a deed has been recorded in the office of the Washington County Recorder on or prior to
May 1, 1974, shall be deemed a buildable lot provided it has frontage on a maintained public right-of-way, maintained by the
community or other unit of government, or frontage on a private road established and of record in the Office of the Washington County
Recorder prior to May 1,1974, and it can be demonstrated that a proper and adequate sewage disposal system can be installed; and a
proposed structure can meet the sideyard setbacks of the local zoning ordinance, and the pre-existing lot area dimensions meet or
exceed 60% of the requirements for a new lot in the same district.
602.02. If in a group of contiguous platted lots under a single ownership, any individual lot does not meet the minimum
requirements of this Ordinance, such individual lot cannot be considered as a separate parcel of land for purposes of sale or
development, but must be combined with adjacent lots under the same ownership, so that the combination of lots will equal one (1) or
more parcels of land each meeting the full minimum requirements of this Ordinance.
603. Sewage Disposal.
603.01. Any premises intended for human occupancy must be provided with an adequate method of sewage disposal. Pubiic or
municipai collection and treatment facilities must be used where available and where feasible. Where public or municipal facilities are
not available, all on-site individual sewer disposal systems shall conform to the minimum standards as set forth in Chapter 4, Sanitary
Sewer Disposal Ordinance of the Washington County Development Code and Section 4 of this Ordinance. A septic tankldrainfleld
system shall be the only acceptable system for installation uniess it can be demonstrated that this system is not feasible on the
particular lot in question and it can be demonstrated that the system being proposed as an altemate will not cause a pollution problem.
603.02. No person, firm, or corporation shall install, alter, repair, or extend any individual sewer disposal system without first
obtaining a permit therefore from the Zoning Administrator for the specific instaUation, alteration, repair, or extension.
604. Color of Structures.
604.01. The exterior color of new or renovated structures, including roofs, shall be of earth or summer vegetation tones, unless
completely screened from the river.
605. Marinas.
605.01. New and or expanded marinas may only be allowed:
(1) Between the Boomsite Highway Wayside and the City of Stillwater.
(2) Downstream from the northem City limits of Stillwater in urban districts.
605.02. New marinas shall meet the design standards of Natural Resources Regulations including NR 2201 (f (2)).
605.03. Permit Requirements. No construction or development associated with a marina shall begin until all of the following
authorizations have been obtained by the applicant.
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(1) Marinas shall be a Conditional Use in this Ordinance.
(2) For uses and structures above the ordinary high water mark associated with a marina, a public hearing shall be held by
the goveming body to consider a marina as a conditional use in accordance with Department of Natural Resources
Regulations including NR 2202 (d (2)). The governing body may approve or deny the marina on said standards of the
Department of Natural Resources. If the governing body approves the marina, final issuance of the local permit shall be
conditioned upon granting of all State and Federal permits required in Department of Natural Resources Regulations
including NR 2201 m.
606. Alterations in Public Waters.
60.01. Changing the course, current, or cross section of public waters shall require State and Federal permits as specified in (g)
of NR 2201 before any local permits may be issued.
607. Transmission Services.
607.01. A permit from the Commissioner is required pursuant to Minnesota Statutes, Sections 84.415 or 105.42 before
transmission services may cross state-owned lands or public waters and shall be in accordance with the Natural Resources
Regulations including NR 2201 (h).
608. Public Roads
608.1. A permit from the Commissioner of Natural Resources is required before construction, reconstruction, removal, or
abandonment of any road or railroad crossing of public waters within the Riverway. Said permit shall be in accordance with the Natural
Resources Regulations including NR 2201 (i).
SECTION 7. SUBDIVISIONS
701. Land Suitability.
701.01. No land shall be subdivided which is found by the governing body to be unsuitable for reason of flooding, inadequate
drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography,
inadequate water supply or sewer disposal capabilities or any other feature likely to be harmful to the health, safety, or welfare of
the future residents of the proposed subdivision or the community. The governing body in applying the provisions of this section
shall in writing cite the particular features upon which It bases its conclusions that the land is not suitable for the proposed use and
afford the subdivider an opportunity to present evidence regarding such suitability at a publiC hearing. Thereafter the governing
body may affirm, modify, or withdraw its determination of unsuitability.
702. Preliminary Plans.
702.01. Preliminary plans for all plats, including planned cluster developments shall be approved by the Commissioner of Natural
Resources or his agent in writing prior to preliminary approval by the governing body.
702.02. All subdivision shall comply with the applicable provisions of the Washington County Subdivision Ordinance, Chapter Five
of the County Development Code.
703. Planned Cluster Developments.
703.01. A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the
proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other
features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered
dimensional standards may be allowed as exceptions to this Ordinance for planned cluster developments, provided:
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(1) In rural districts of this Ordinance the number of dwelling units allowed shall not exceed the total number of dwelling units
allowed if the development was based on the minimum lot size requirements for a single family residential subdivision.
(2) In urban districts of this Ordinance and only where public sewer and water will be installed in the proposed cluster
development, the number of dwelling units shall not exceed fifty percent (50%) more than the total number of dwelling
units allowed if the development was based on the minimum lot size requirements for singie family residential subdivision.
(3) Open space shall be preserved. At least fifty percent (50%) of the length of shoreland or bluffland frontage as viewed from
the river shall be kept in its natural state.
(4) Temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the
development.
SECTION 8. ADMINISTRATION
801. Administrative Procedure.
801.01. In addition to the applicable administrative procedures set forth in the zoning ordinance of the local community, the
following procedures shall be implemented with respect to land, subject to this Ordinance.
(1) A public hearing shall be held by the local authority for all zoning district amendments, conditional use permits,
subdivision, and variances.
(2) No less than 20 days prior to the public hearing, the local zoning administrator shall send notice and copies of the
applicants information as specified in 803.01 to the following agencies for review and comment:
(i) Department of Natural Resources,
(iI) County and Community Planning Commissions,
(iii) Regional Planning Commission, and
(iv) MinnesotaIWisconsin Boundary Area Commission.
801.02. The applicant for any permit requiring a public hearing shall submit to the goveming body at least 30 days prior to such
hearing, an abstractors certificate showing the names and addresses of all property owners within 500 feet of the affected, in
incorporated areas, or one-half mile in unincorporated areas, the affected board of town supervisors, and the municipal council of any
municipality within two (2) miles of the affected property.
801.03. Notice of the purpose, time, and place of any such public hearing shall be mailed to all property. owners and the elected
officials listed in 801.02 by the local authority at least ten (10) days prior to the date of the hearing.
801.04. Notice of the purpose, time, and place of any such public hearing shall be published in the official newspaper of the
affected communities at least ten (10) days prior to the date of the hearing.
802. Certification by the Commissioner of Natural Resources.
802.01. Before any zoning district or ordinance amendment or variance becomes final, the goveming body shall forward the
decision to the Commissioner. The Commissioner of Natural Resources shall certify in writing that the proposed action complies with
the intent of the Wild and Scenic Rivers Acts and the Master Plan for the Lower St Croix River in the manner specified in Department of
Natural Resources Regulations including NR 2202 (e).
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803. FOIwarding of a Final Decision.
803.01. The local Board of Adjustment and Appeals (or governing body if there be none) shall forward decisions within ten (10)
days of final action on all conditional use permits and subdivisions to the Commissioner of Natural Resources.
804. Permit Process.
Rural District
St Croix Riverway Ordinance Permits
Building Permits
Septic Permits
Grading Permits
Tree Cutting Permits
Conditional Use Permits
Amendments to Ordinance
Amendments to District Boundary
Plats and Cluster Developments
Variances
Urban District
LP
LP
LP
LP
PH-FD
PH-CC
PH-CC
PH-WA-FD
PH-CC
LP
LP
LP
LP
PH-FD
PH-CC
PH-CC
PH-WA-FD
PH-CC
Permit issued by the local authority in accordance with this Ordinance and all other local permits.
Certification by the Commissioner of Natural Resources prior to final local approval.
Public hearing necessary by the local authority giving 20 days notice of meeting to the Commissioner of Natural Resources
and other agencies listed in 801.01 (z).
Local authority forwards any decisions to the Commissioner of Natural Resources within 10 days after taking final action.
The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives
preliminary approval, a written review and approval of the project.
LP -
CC -
PH -
FD -
WA-
805.
Variances.
805.01. Variances shall only be granted where there are particular hardships which make the strict enforcement of this Ordinance
impractical. Hardship means the proposed use of the property and associated structures in question cannot be established under the
conditions allowed by this Ordinance; the plight of the landowner is due to circumstances unique to his property, not created by the
landowner after May 1, 1974; and the variance, if granted, will not alter the essential character of the locality. Economic considerations
alone small not constitute a hardship for the reasonable use of the property and associated structures under the conditions allowed by
this Ordinance. In addition, no variance shall be granted that would permit any use that is prohibited in this Ordinance in which the
subject property is located. Conditions may be imposed in the granting of a variance to insure compliance and to protect adjacent
properties and the public interest, especially in regard to the view from the river.
805.02: The formal public hearing for a variance shall be held by the Board of Adjustment and Appeals (or the goveming body if
there be none) as set forth in the zoning ordinance of the community.
806. Requirements of the Applicant for a Public Hearing.
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806.01. The applicant shall submit sufficient copies of the following information and additional infonmation as requested to the
local authority thirty (30) days prior to the public hearing on the application for a conditional use, variance, or subdivision:
(1) Plat of survey showing the property location, boundaries, dimensions, elevations, blufflines, utility and roadway corridors,
the ordinary high water mark, floodway, and floodplain.
(2) The most recent aerial photo of the property with property lines drawn in.
(3) Location of existing and proposed structures including height and setback dimensions.
(4) Location of existing and proposed alterations of vegetation and topography.
(5) Adjoining water-oriented uses.
(6) Suitability of the area for on-site waste disposal. Type, size, and location of the system shall be indicated. If a public or
municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement
from the municipality or sanitary authority indicating that the system has the capacity to handle the development.
(7) Water supply system.
(8) An estimate of penmanent and transient residents.
807. Factors To Be Considered.
807.01. When considering a proposal or zoning amendment within the St Croix River District, the governing body shall address
the following items in making its decisions:
(1) Preserving the scenic and recreational resources or the St Croix Riverway, especially in regard to the view from and use
ofthe river.
(2) The maintenance of sale and healthful conditions.
(3) The prevention and control of water pollution, including sedimentation.
(4) The location of the site with respect to floodways, floodplains, slopes, and blufflines.
(5) The erosion potential of the site based on degree and direction of slope, soil type, and vegetative cover.
(6) Potential impact on game and fish habitat.
(7) Location of the site with respect to existing or future access roads.
(8) The amount of wastes to be generated and the adequacy of the proposed disposal systems.
(9) The anticipated demand for police, fire, medical, and school services and facilities.
(10) The compatibility of the proposed development with uses on adjacent land.
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SECTION 9. EFFECTUATION
901. Enforcement.
901.01. It is declared unlawful for any person to violate any of the terms and provisions of this Ordinance. Violation thereof shall
be a misdemeanor. Each day that a violation is permitted to exist shall constftute a separate offense.
901.02. In the event of a violation or a threatened violation of this Ordinance, the goveming body, or the Commissioner of Natural
Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such
violations or threatened violations and it is the duty of the Attorney to institute such action.
902. Separability.
902.01. It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the
following:
902.02. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not
affect any other provisions of this Ordinance not specifically included in said judgment.
902.03. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Ordinance to a particular
property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or
structure not specifically included in said judgment.
902.04. Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any
business or occupation.
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SUGGESTED ORDINANCE FOR ADOPTING MODEL LOWER ST CROIX RIVER BLUFFLAND AND SHORE LAND
MANAGEMENT ORDINANCE.
ORDINANCE NO.
AN ORDINANCE FOR THE CONTROLLING OF BLUFFLAND AND SHORELAND DEVELOPMENT IN ORDER TO
PROTECT AND PRESERVE THE OUTSTANDING SCENIC, RECREATIONAL, GEOLOGIC, FISH AND WILDLIFE,
HISTORIC, CULTURAL, AND OTHER SIMILAR VALUES OF THE LOWER ST CROIX NATIONAL SCENIC
RIVERWAY IN A MANNER CONSISTENT WITH THE NATIONAL WILD AND SCENIC RIVERWAY IN A MANNER
CONSISTENT WITH THE NATIONAL WILD AND SCENIC RIVERS ACT (P.L. 90-542), THE FEDERAL LOWER
ST CROIX RIVER ACT (P. L. 92-560), AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
MINIMUM STANDARDS AND CRITERIA (NR 2200 - 2202) IN THE OF
WASHINGTON COUNTY, MINNESOTA.
The
of the
of
, Washington County, Minnesota, Ordains:
Section 1. Adoption of Model Lower St Croix River Bluffland and Shoreland Management Ordinance.
It is hereby adopted for the purpose of protecting and preserving the scenic, recreational, historic and natural resources, the Model
Lower St Croix River Bluffland and Shoreline Management Ordinance for Communities in Washington County as adopted on August
24, 1976, by the Washington County Planning and Advisory Commission, of which not less than three copies are on file in the office of
the Clerk. That said Model Ordinance is hereby adopted in its entirety except as herein modified:
Section 2. Definitions.
202.01. Community. Whenever the word "Community" is used it shall mean the
Washington County, Minnesota.
of
202.02. Governing Body. Whenever the words 'Governing Body' are used, they shall mean the
of the of , Washington County, Minnesota.
Section 3. Existing Codes. .
301.01. The provisions of this Model Ordinance are in addition to and not in replacement of the provisions of the Zoning
Ordinance. Any provisions of the Zoning Ordinance relating to the Lower St Croix Riverway shall remain in full force and effect except
as they may be contrary to the provisions of this Model Ordinance.
301.02. In the urban districts of this Model Ordinance, existin9 zoning districts in effect and uses permitted on May 1,1974, by the
existing of Zoning Ordinance may again be permitted by the of
the provided the project is listed in 301.03, has been approved in writing by the Commissioner of Nature
Resources and meets or exceeds the following standards:
(1) The proposed use is consistent with and complimentary to the existing, adjacent, urban land uses and municipal plans.
(2) The dimensional requirements of Section 4 of this Ordinance.
(3) The sideyard setbacks and frontage requirements of the local zoning ordinance.
(4) A parking layout and site plan which provides on-site, off-street parking spaces for all employees of the project, an
exclusive area for loading docks where required by local ordinance, and off-street customer parking spaces as required
by local ordinance.
(5) An on-site grading and surface water run-off plan for the site which minimizes soil erosion and degradation of surface
water quality.
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(6) In sewered areas, public sewer will service the proposed project.
(7) A landscaping plan for the site is illustrated which minimizes the visual impact of the proposed project as viewed from the
river and which visually screens all parking areas from the river. The applicant shall provide the Community with a
performance bond for the cost of all landscaping to insure compliance with the landscaping plan.
(8) A public hearing as per Section 801 of this Ordinance and forwarding of the final action of the local community.
(9) The project meets all other existing local zoning and subdivision requirements.
(10) The project requires no alteration or fill of shoreline, bluffland, or floodway, except for temporary docking and launching of
watercraft.
(11) No lighted or flashing signs shall face riverward.
(12) Detailed plans and specifications as presented at the pubiic hearing are sufficient to obtain all local access, building,
zoning, and sewer permits.
301.03. The following listed Urban District Conditional Uses are considered Conditional Uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Section 4. Repeal of Conflicting Ordinances.
Ordinance No.
because it conflicts with this Ordinance is hereby repealed.
. (Section for modifications, if any)
SECTION
SECTION
. EFFECTIVE DATE.
This Ordinance shall be and is hereby declared to be in full force and effect from and after its passage and publication according to law.
of the
day of
of
Passed by the
of
, Washington County, Minnesota. this
, 197
ATTEST:
Chairman/Mayor
Clerk
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351843
ORDINANCE NO. 14
WASHINGTON COUNTY, MINNESOTA
Chapter 7. Lower St Croix River Bluffland & Shoreland Management Ordinance
AN ORDINANCE FOR THE CONTROLLING OF BLUFFLAND AND SHORELAND DEVELOPMENT IN THE UNINCORPORATED AREAS OF
WASHINGTON COUNTY. MINNESOTA IN ORDER TO PROTECT AND PRESERVE THE OUTSTANDING SCENIC, RECREATIONAL.
GEOLOGIC, FISH AND WILDLIFE, HISTORIC, CULTURAL. AND OTHER SIMILAR VALUES OF THE LOWER ST CROIX NATIONAL SCENIC
RIVERWAY IN A MANNER CONSISTENT WITH THE NATIONAL WILD AND SCENIC RIVERWAY ACT (P.L. 90-542), THE FEDERAL LOWER ST
CROIX RIVER ACT (P.L. 92-560), AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES MINIMUM STANDARDS AND CRITERIA
(NR 2200 - 2202).
The Board of County Commissioners of Washington County, Minnesota, does ordain:
SECTION 1. TITLE
101. Short Title. This Ordinance shall be known, cited, and referred to as the Washington County Lower St Croix River Bluffland and
Shoreland Management Ordinance; except as referred to herein, where it shall be known as, "This Ordinance".
SECTION 2. INTENT AND PURPOSE
201. Purpose. This Ordinance is adopted for the purpose of:
(1) Designating suitable land use districts along the bluffland and shoreland of the Lower St Croix River.
(2) Regulating the area of a lot, and the length of bluffland and water frontage suitable for building sites.
(3) Regulating the setback of structures and sanitary waste treatment facilities from blufflines to protect the existing and/or natural scenic
values, vegetation, soils, water, and bedrock from disruption by man-made structures or facilities.
(4) Regulating the setback of structures and sanitary waste treatment facilities from shorelines to protect the natural scenic value,
floodplain, and water quality.
(5) Regulating alterations of the natural vegetation and topography.
(6) Conserving and protecting the natural scenic values and resources of the river valley and maintaining a high standard of environment
quality to comply with Minnesota Department of Natural Resources Standards and Criteria for the Lower SI Croix National Scenic
Riverway (NR 2200-2202).
(7) Setting the minimum requirements to protect the public health, safety, morals, comfort, convenience, and general welfare.
(8) Securing the rights of the public with respect to public lands and waters.
SECTION 3. DEFINITIONS
301.01. Community, Whenever the word "Community" is used, it shall mean Washington County, Minnesota.
301.02. Governing Body. Whenever the words "Governing Body" are used, they shall mean the Board of County Commissioners of
Washington County or the Board's Designate.
301.03. Project Plan. A plan for any structure or activity for which this Ordinance or any other Chapter of the Washington County Development
Code requires a permit.
SECTION 4. GENERAL PROVISIONS
401.01. Adoption of the Model Lower St Croix River Bluffland and Shoreiand Management Ordinance.
There is hereby adopted for the purpose of protecting and preserving the scenic, recreational, historic, and naturai resources, the Model Lower St
Croix River Bluffland and Shoreland Management Ordinance for Communities in Washington County as adopted on August 24, 1976, by the
Washington County Planning Advisory Commission, of which not less than three copies are on file in the office of the Washington County Planning
Coordinator. That said Model Ordinance is hereby adopted in its entirety except as herein modified:
402.01. Modifications.
The Town Board of the Township within which the property is located shall review the following in accordance with This Ordinance.
(1) All conditional and/or special use permits.
(2) All amendments to the Ordinance.
(3) All amendments to the District Boundary.
(4) All plats and cluster developments.
(5) All variances.
402.02. Public hearings on the items listed in 402.01 shall be held at the local, Township level. A public hearing may also be required by the
Washington County Board of Adjustment and Appeals or the Washington County Planning Advisory Commission.
402.03. AU proposed project plans within the St Croix River District shall be submitted to the Washington County Zoning Administrator who will
review them to see that they comply with the standards and provisions of this Ordinance and the other Chapters of the Washington County
Development Code.
If the project plan conforms to the standards and provisions of this Ordinance, he shall so notify the local Town Board within fifteen (15) days of
receipt of said project plan. If no report is received by the Town Board within fifteen (15) days from the Washington County Zoning Administrator, it
will be assumed by the Town Board that there are no objections to the project plan as submitted and they may proceed to take final actions on the
proposed project.
If the project plan does not conform to the standards and provisions of this Ordinance, the Zoning Administrator may then refer the plan to the
Washington County Planning Advisory Commission or to the Washington County Board of Adjustment and Appeals.
The review process and timing shall follow the appropriate permit review and issuance procedures as stipulated in the Washington County
Development Code.
SECTION 5. ENFORCEMENT
501. Violations and Penalties.
501.01. It is declared unlawful for any person to violate any of terms and provisions of this Ordinance. Violation thereof shall be a
misdemeanor. Each day that the violation is permitted to exist shall constitute a separate offense.
501.02. In the event of a violation or a threatened violation of this Ordinance, the Board, or any member thereof, or the Commissioner of Natural
Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations or
threatened violations and it is the duty of the County Attorney to institute such action.
501.03. Any taxpayer of the County may institute mandamus proceedings in District Court to compel specific performance by the proper official
or officiais of any duty required by this Ordinance.
., .
SECTION 6. EFFECTUATION
601. Separability.
601.01. It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following:
601.02. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any
other provisions of this Ordinance not specifically included in said judgment.
601.03. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Ordinance to a particular property,
building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically
included in said judgment.
601.04. Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any business or
occupation.
602. Effective Date.
602.01. Passed by the Washington County Board of Commissioners this 18th day of October, 1 976.
Don L. Cafferty
Chairman of the Board
ATTEST:
T. R. Greeder
County Auditor
ORDINANCE NO. 17
AN ORDINANCE RELATING TO THE CONTROLLING OF BLUFFLAND AND
SHORELAND DEVELOPMENT IN ORDER TO PROTECT AND PRESERVE THE
OUTSTANDING SCENIC, RECREATIONAL, GEOLOGIC, FISH AND WILDLIFE,
HISTORIC, CULTURAL, AND OTHER SIMILAR VALUES OF THE LOWER ST.
CROIX NATIONAL SCENIC RIVERWAY IN A MANNER CONSISTENT WITH THE
NATIONAL WILD AND SCENIC RIVERS ACT (p.L. 90-542), THE FEDERAL LOWER
ST. CROIX RIVER ACT (P.L. 92-560), AND THE MINNESOTA DEPARTMENT OF
NATURAL RESOURCES M1NIMUM STANDARDS AND CRITERIA (NR 2200(2202), IN
THE CITY OF LAKELAND SHORES.
City of Lakeland Sbores
Wasbington County, Minnesota
THE CITY COUNCIL OF THE OF CITY OF LAKELAND SHORES, WASHINGTON
COUNTY, MINNESOTA, DOES ORDAIN:
Section 8: Tbe Lower St. Croix River Blumand and Sboreland Management
Ordinance.
Subdivision 1. Purpose: This Ordinance is adopted for the purpose of:
1. Designating suitable land use districts along the bluflland and shoreland of the
Lower St. Croix River.
2. Regulating the area of a lot, and the length of bluflland and water lot frontage
suitable for building sites.
3. Regulating the setback of structures and sanitary waste treatment facilities from
blufllines to protect the existing and/or natural scenic values, vegetation, soils,
water, and bedrock from disruption by man-made structures of facilities.
4. Regulating the setback of structures and sanitary waste treatment facilities from
shorelines to protect the natural scenic value, floodplain, and water quality.
5. Regulating alterations of the natural vegetation and topography.
6. Conserving and protecting the natural scenic values, historical and cultural resources
of the river valley and maintaining a high standard of environmental quality
consistent with the National Scenic Rivers Act (PL 90-542) and Lower St. Croix Act
(pL 92-560) and Master Plan, and with Minnesota Department of Natural Resources
Standards and Criteria for the Lower St. Croix National Scenic Riverway
(Minnesota Rules Part 6105.0351 to 6105.0550).
Subdivision 2. Definitions:
1. Construction.
A In the event of conflicting provisions in the test of this Ordinance, and/or other
Ordinances, the more restrictive provision shall apply. The Zoning
Administrator shall determine which is more "restrictive". Appeals from such
determination may be made to the City Council.
B. Words used in the present tense include the past and future tense; the singular
nwnber includes the plural and the plural includes the singular; the word "shall"
is mandatory, the word "may" is permissive.
C. The provisions of this Ordinance are in addition to and not in replacement of
other provisions of the Zoning Ordinance. Any provision of the Zoning
Ordinance relating to the Lower 81. Croix Riverway shall remain in full force
and effect except as they may be contrary to the provisions of this Ordinance.
D. Unless otherwise specified, all distances shall be measured horizontally.
2. Defmitions. For the purpose of this Ordinance, certain phrases and words are
hereby defined as follows:
A. "Accessory Use" means a use subordinate to and serving the principal use on the
same lot and customarily incidental thereto.
B. "Appurtenance" means a structure subordinate to and serving the principal
structure on the same lot and customarily incidenta1 thereto such as garages,
decks, essential services, signs, docks and stairways and lifts, except that
appurtenance does not include private water supply and sewage and waste
disposal systems below the ground.
C. "Blufiline, Riverway" means a line along the top of a slope in the Riverway
District connecting the points at which the slope, proceeding away from the river
or adjoining watershed channel, becomes less than 12% and it only includes
slopes greater than 12% visible from the river or any water course tributary to
the river. The location of the blufiline for any particular property shall betcertified by a registered land surveyor or the zoning administrator. More than
one blufiline may be encountered proceeding away from the river or adjoining
watershed channel. All setbacks required herein shall be applicable to each
blufiline.
D. "Building Line" means a line measured.across the width of the lot at the point
where the principal structure is placed in accordance with setback provisions.
E. "Channel" means a natural or artificial depression of perceptible extent with a
definite bed and banks to confme and conduct flowing water either continuously
or periodically.
F. "Commissioner" means the Commissioner of Natural Resources.
G. "Conservancy" means the practice or implementation of policies for the
protection and preservation of the natural character of lands for their value to
scenic enjoyment, wildlife, water and soil conservation, flood plain
management, forestry, and other such purposes.
H "Dwelling Unit" means a residential accommodation \\1rich is arranged,
designed, used, or intended for use exclusively as living quarters for one family.
I. "Harbor" means a portion of body of water along or landward of the natural
shoreline deep enough for recreational watercraft navigation, and so situated
with respect to shoreline features as to provide protection from winds, waves,
ice, and currents. Natural harbors consist of bays and estuaries, \\1rile artificial
harbors are constructed by dredging.
J. ''Marina'' means an area of concentrated small craft mooring, where ancillary
facilities may be provided for some or all of such services as fueling, sewage
pump out, boat, lalllching, boat repair, and boat storage; except that marina does
not mean temporary docks associated with riparian residential development if
the mooring area is of a size not to exceed the resource imitations of the site and
the needs of the residents of the development.
K. "Non-Conforming Use" means any use of land legally established before the
effective date of this Riverway BlufllandlShoreland Ordinance \\1rich does not
conform to the zoning district use regulations.
1. "Ordinary High Water Mark" means a mark delineating the high-water water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape. The ordinary high water mark is commonly that point
where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial. In areas \\here the ordinary high water mark is not
evident, setbacks shall be measured from the stream bank of the following water
bodies that have permanent flow or open water: the main channel, adjoining side
channels, backwaters, and sloughs.
M. "Riverway BOllldary" means a legally described line delineating the landward
extent of the S1. Croix Riverway subj ect to these regulations, City Code 31.03.
N. "Scenic Easement" means an interest in land, less than fee title, that limits the
use of the land for the purpose of protecting the scenic, recreational, and natural
characteristics of areas in the S1. Croix Riverway. Unless otherwise expressly
and specifically provided by mutual agreement of the parties, the easement shall
be; perpetua1ly held for the benefit of the people of Minnesota; specifically
enforceable by its holder or any beneficiary; and binding on the holder of the
servient estate, his heirs, successors, or assigns. Unless specifically provided by
the parties, no such easement shall give the holder or any beneficiary the right to
enter on the land except for enforcement of the easement
O. "Screening" means existing or planted vegetation or topography which makes
any structure on any property visually inconspicuous in summer months as
viewed from the river.
P. "Setback" means the minimum horizontal distance between any part of a
structure and the ordinary high water mark is not evident, setbacks shall be
measured from the stream bank of the following water bodies that have
permanent flow or open water: the main channel, adjoining side channels,
backwaters, and sloughs.
Q. "Slope" means all lands between the ordinary high water mark and the riverway
boundary having an angle of ascent or descent of more than 12% (percent) from
the horizontal.
R SI. Croix Riverway" means all lands and public waters within the riverway
boundary subj ect to these regulations.
S. "Structure" means any building or appurtenance thereto, including garages,
decks, docks, and stairways, except transmission services.
T. :Substandard Structure" means any structure legally established before the
effective date of the Bluflland and Shoreland Ordinance which does not meet the
structure setbacks or other dimensional standards of the Ordinance.
u. "Variance" means any modification or variation of the dimensional standards, or
other requirements of the Bluflland and Shoreland Ordinance where it is
determined that, because of hardships, strict enforcement of the Ordinance is
impractical.
V. "Visually Inconspicuous" means difficult to see or not readily noticeable in
summer months as viewed from the river.
W. "Watercourse" means a channel in which a flow of water occurs either
continuously or intermittently. The term applies to either natural or artificially
constructed channels.
X. "Wetlands" means land which is annually subject to periodic or continual
inundation by water and commonly referred to as a bog, swamp, marsh, or
slough.
Subdivision 3. Designation of Districts.
1. For the purpose of protecting the natural resources and natural scenic values of the
land within the boundaries of the Lower SI. Croix Riverway the following districts
shall be established:
2. The boundaries of the Lower SI. Croix Riverway and the urban district with sewer
and water service and urban district without sewer and water include all of the land
riverward of the legally described Riverw~ boundary contained in the official copy
of the Lower S1. Croix National Scenic Riverw~ Master Plan.
3. The boundaries of the Lower S1. Croix Riverw~ zoning districts are as designated
in the official copy of the Lower St. Croix National Scenic Riverw~ Master Plan,
which is made part of this Ordinance and is on file with the governing body.
Subdivision 4. Use Standards.
I. Purpose. The purpose of establishing standards for uses in the S1. Croix
Riverw~ shall be to protect and preserve existing natural, scenic, and recreational
values, to maintain proper relationships between various land use types.
2. Permitted Uses. All structures associated with the following uses are permitted
in the St. Croix Riverway subject to the dimensional requirements of the
Bluffland/Shoreland Ordinance.
A Conservancy;
B. Agriculture;
C. Single-family residential;
D. Governmental highway w~sides, rest areas, infonnation areas, parks and scenic
over! ooks; and
E. Governmental resource management and interpretive activities.
3. Accessory Uses in General. All appurtenances associated with and customarily
incidental to permitted uses.
Subdivision 5. Prohibited Uses. The following uses shall be prohibited in all districts:
1. Sand and gravel operations;
2. JlIDkyards;
3. Mobile home parks;
4. Downhill ski areas;
5. Advertising sign visible from the river; and
6. All uses not authorized in this ShorelandIBluffland Ordinance.
Subdivision 6. Non-Confonning Uses. Prohibited uses legally in existence prior to the
effective date of adoption of the Riverw~ Shoreland and Bluffland Ordinance are non-conforming
uses. Such uses can be maintained but shall not be enlarged or expanded
Subdivision 7. Dimensional Standards and Other Requirements.
1. Purpose. The purpose of establishing dimensional standards and criteria in the
St. Croix Riverway shall be to protect riverway lands by means of acreage,
frontage, setback and height requirements on development. Specific objectives
shall be to maintain the esthetic integrity of the St. Croix Riverway's dominant
natural setting, to reduce the adverse effects of poorly planned shoreland and
bluffiand development, to provide sufficient space on lots for sanital)' facilities,
to minimize flood damage, to prevent pollution of surface and ground water, to
minimize soil erosion, and to provide a naturaI buffer between the river and
developed areas.
2. Minimum Dimensional Requirements.
(a) The following chart sets forth the minimum area, setbacks, and other
dimensional requirements of each district.
Minimum lot size above ordinary hil!h water mark 1 acre 20,000 sa. ft.
Lot width at buildinl! setback line 150 feet 100 feet
Lot width at water line 150 feet 100 feet
Structure setback from ordinarv hil!h water mark 100 feet 100 feet
Structure setback from bluffiine 50 feet 40 feet
On-site sewage treatment system setback from 100 feet
ordinary hil!h 'water mark
On-site sewage treatment system setback from 40 feet
bluffiine
Maximum structure heil!ht 35 feet 35 feet
Maximum total lot area covered by impervious 20"10 (8,700 sq. ft.) 20"10 (4,000 sq. ft.)
surface
On slopes less than 12%, the controlled vegetative 100 feet 100 feet
cutting areas setback are from ordinary highwater
mark
Bluffiines 40 feet 40 feet
Urban District
Without Sewer With Public
and Water Sewer and Water
3. Other Requirements.
A Slopes. Structures shall not be permitted on slopes greater than 12 percent,
with the exception of stairways and lifts. The physical alteration of slopes
shall not be permitted for the purpose of overcoming this limitation
B. Floodplain. New structures shall meet the floodway requirements as
defined in the Flood Plain Ordinance.
C. Color of Structures. The exterior color of new structures, including roofs,
shall be of earth or summer vegetation tones, unless completely screened
from the river bY topography.
D. Sewage Disposal. Shall meet requirements of Subdivision 11.
E. Vegetalive Cuttings.
1. Pennit Required. On lands 100 feet of the ordinary high water mark
and forty feet landward of blufllines and on slopes greater 1han 12%
1here shall be no vegetative cutting of live trees or shrubs wi1hout a
permit. A permit may be issued only if:
A 1he cutting, including topping, involves trees less 1han six inches in
diameter at breast height;
B. 1he cutting, including topping involves vegetation which IS not
screening any structure from view from 1he river;
C. 1he essential character, quality, and density of existing grow1hs is
preserved and continuous canopy cover is maintained;
D. 1he trees, or trees diseased, and 1heir removal is in 1he public interest;
or
E. 1he cutting is necessary for 1he maintenance of transportation lines or
utility rights-of-way.
u. Pennit Not Required. A vegetative permit is not required for 1he
following, however, the vegetative cutting shall be accomplished in such
a manner 1hat 1he essential character, quality, and density of existing
grow1hs is preserved and continuous canopy cover is maintained as
viewed from 1he river:
A clearing 1he minimum area necessary for a structure, sewage disposal
system, and private road and parking area, undertaken pursuant to a
validly issued building permit;
b. maintenance trimming or pruning on any particular property or in
transportation or utility rights-of-way;
c. vegetative cutting in areas of 1he St. Croix Riverway not covered
under subpart 4 e.i., provided 1hat 1he cutting, including topping
involves vegetation which is not screening any structure from view
from 1he river.
F. Grading and Filling.
1. Grading, filling, excavating, or otherwise changing the topography
landward of the ordirnuy high water mark shall not be conducted without
a permit from the local authority. A permit ~ be issued only if:
A slopes greater than 12% are not altered where erosion and visual
scars ~ result;
B. earth moving, erosion, vegetative cutting, draining or filling of
wetlands, and the destruction ofnatural amenities is minimize;
C. the smallest amount of ground is exposed for as short a time as
feasible;
D. during construction temporary ground cover, such as mulch, is used
and permanent ground cover, such as sod, is planted;
E. temporary and permanent methods to prevent erosion and trap
sediment are employed; and
F. fill is stabilized to accepted engineering standards.
n. Pennit Not Required. A separate grading and filling permit is not
required for grading, filling, or excavating the minimum area necessary
for a structure, sewage disposal system, and private road and parking
area undertaken pursuant to a validly issued building permit. However,
the standards and criteria of subpart i. shall be required as conditions of
the building permit.
Subdivision 8. Exceptions to the minimum setback requirements include the following:
1. Where a substandard setback pattern from the ordirnuy high water mark or a bluffline
has already been established by existing principal dwelling unit structures on adjacent
lots on both sides of the proposed building site, the setback of the proposed structure
shall be the average setback of the existing dwelling units plus at least forty (40) feet, or
the required minimum setbacks of the underlying zoning district, whichever distance is
less from the average setback line. This exception shall apply only to substandard lots
which do not meet the minimum lot width requirements of part subdivision 7.
2. Developments subject to state permits which provide services to the public and which,
by their nature, require location on or near public waters shall be subject to the
conditions of the state permits and provided in Minnesota Rules 6105.0390 and
6105.0410 to 6105.0440.
3. Temporary docks ~ be allowed as approved by federal, state, or local governments to
extend into the water the minimum distance necessary to facilitate the launching or
mooring of watercraft during the open-water season.
4. Signs may be allowed as approved by federal, state, and local governments which are
necessary for the public health and safety. Signs may also be allowed that indicate areas
that are available or not available for public use. Outside the minimum setbacks within
the St. Croix Riverway, signs that are otherwise lawful are pennitted, provided they will
be visually inconspicuous in summer months as viewed from the river.
5. Stairways and lifts to enable access from bluffland properties to the water on steep
slopes may be allowed by the local authority, provided the disruption of vegetation and
topography is kept to a minimum and the structure will be visually inconspicuous in the
summer months as viewed from the river.
Subdivision 9. Substandard Lots. Lots recorded in the office of the Washington County
Recorder prior to May 1, 1974, that do not meet the requirements of Subdivision 7, may be allowed
as building sites when:
1. The proposed use is pennitted in the zoning districts;
2. The lot has been in separate ownership from abutting lands since May 1, 1974;
3. It can be demonstrated that a proper and adequate sewage disposal system can be
installed in accordance with the provisions of Subdivision 11; and
4. The dimensional standards of the Bluffland and Shoreland Ordinance are complied with
to the greatest extent practicable.
Subdivision 10. Substandard Structures. All structures legally in existence prior to the
effective fate of adoption of the Bluffland and Shoreland Ordinance that do not meet the structure or
sewage treatment system setback requirements or other dimensional standards of the ordinance are
considered substandard structures and shall be subject to the following conditions:
1. Substandard structures that contain non-conforming uses shall not be enlarged or
expanded.
2. Substandard structures and substandard sanitary facilities shall be allowed to continue.
3. In no instance shall the extent to which a structure or sanitary facility violates a setback
standard be increased.
4. An extension, enlargement, or alteration of an existing substandard structure may be
permitted on the side of the structure or facility facing away from the river or bluffline.
5. Any alteration or expansion of a substandard structure which increases the horizontal or
vertical riverward building face shall not be allowed unless it can be demonstrated that
the structure will be visually inconspicuous in summer months as viewed from the river
as detennined by the City Council after public hearing.
6. Exterior decks attached to the structure which do not extend any roof or foundation, may
be permitted to extend latera1ly (parallel to the river or bluff1ine) at the same setback as
the substandard structure if said deck is visually inconspicuous in swnmer months as
viewed from the river, and the deck has no roof or building foundation.
7. If a substandard structure needs replacing due to destruction, deterioration, or
obsolescence, such replacement shall comply with the dimensional standards of this
Ordinance.
Subdivision 11. Sewage Disposal. Any premises intended for human occupancy must be
provided with an adequate method of sewage disposal. Subject to the following items:
1. Public collection and treatment facilities must be used where available and where
feasible.
2. Where public or municipal facilities are not available, all on-site individual sewer
disposal systems shall conform to the minimum standards as set forth in Regulations of
the Department of Health and Minnesota Pollution Control Agency.
3. A septic tankldrainfield system shall be the only acceptable system for installation
unless it can be demonstrated that this system is not feasible on the particular lot in
question and it can be demonstrated that the system being proposed as an altemate will
not cause a pollution problem.
4. No person, firm, or corporation shall install, alter, repair, or extend any individual sewer
disposal system without first obtaining a permit therefore from the Zoning Administrator
for the specific installation, alteration, repair, or extension.
Section 12. Marinas.
1. New and or expanded marinas may only be allowed.
A Between the Boomsite Highway Wayside and the City of Stillwater.
B. Downstream from the northem City lintits of Stillwater in urban districts.
2. New marinas shall meet the design standards of Natural Resources Regulations
including Minnesota Rules Part 6105.0410, Subpart 2.
3. Pennit Requirements. No construction or development associated with a marina shall
begin until all of the following authorizations have been obtained by the applicant.
A. Marinas shall be Conditional Use in this Ordinance.
B. For uses and structures above the ordinary high water mark associated with a
marina, a public hearing shall be held by the City Council to consider a marina as a
conditional use in accordance with Department of Natural Resources Regulations
including Minnesota Rules Part 6105.0530. The City Council may approve or deny
the marina on said standards of the Department of Natural Resources. If the
governing body approves the marina, final issuance of the local permit shall be
conditioned upon granting of all State and Federal pennits required in Department of
Natural Resources Regulations including Minnesota Rules Part 6105.0410.
Subdivision 13. Alterations in Public Waten. Changing the course, current, or cross
section of public waters shall require State and Federal permits as specified in Minnesota Rules Part
6105.0420 before any local pennits may be issued.
Subdivision 14. Transmission Services. A pennit from the Commissioner is required
pursuant to Minnesota Statutes S 84.415 or 105.42 before transmission services may cross state-
owned lands or public waters and shall be in accordance with the Natural Resources Regulations
including Minnesota Rules Part 6105.0430.
Subdivision 15. Public Roads. A permit from the Commissioner of Natural Resources is
required before construction, reconstruction, removal or abandonment of any road or railroad
crossing of public waters within the Riverway. Said permit shall be in accordance with the Natural
Resources Regulations Minnesota Rules Part 6105.0440.
Subdivision 16. Subdivisions.
I. Land Suitability. No land shall be subdivided which is found by the governing body to
be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with
severe limitations for development, severe erosion potential, unfavorable topography,
inadequate water supply or sewer disposal capabilities or any other feature likely to be
hannfuI to the health, safety, or welfare of the future residents of the proposed
subdivision or the comnnmity. The City Council in applying the provisions of this
section shall in writing cite the particular features upon which it bases its conclusions
that the land is not suitable for the proposed use and afford the subdivider an opportunity
to present evidence regarding such suitability at a public hearing. Thereafter, the
governing body may affirm, modifY, or withdraw its detennination of unsuitability.
2. Preliminary Plans.
A. Preliminary plans for all plats, including planned cluster developments shall be
approved by the Commissioner or his agent in writing prior to preliminary approval
by the City Council.
B. All subdivisions shall comply with the applicable provisions of the Washington
County Subdivision Ordinance, Chapter 5 of the County Development Code.
3. Planned Cluster Developments. A pattern of subdivision development which places
dwelling units into compact groupings may be allowed when the proposed clustering
provides a better means of preserving agricultural land, open space, woods, scenic
views, wetlands, and other features of the natural environment than traditional
subdivision development. Except for minimum setbacks and height limits, altered
dimensional standards may be allowed as exceptions to this Ordinances for planned
cluster developments, provided:
1. In urban districts of this Ordinance and only where public sewer and water will
be installed in the proposed cluster development, the number of dwelling units
shall not exceed fifty percent (50%) more than the total number of dwelling units
allowed if the development was based on the minimum lot size requirements for
single family residential subdivisions.
2. Open space shall be preserved. At least fifty percent (50"10) of the length of
shoreland or blufiIand frontage as viewed from the river shall be kept in its
na1ural state.
3. Tempormy docks, if allowed, shall be centralized and of a size not to exceed the
needs of the residents of the development.
Subdivision 17. Administration.
1. Administrative Procedures.
A. In addition to the applicable administrative procedures set forth in the Zoning
Ordinance of the City of LakeIand Shores, the following procedures shall be
implemented with respect to land, subject to this Ordinance.
1. A public hearing shall be held for all zoning district amendments, zoning text
amendments, conditional use permits, planned unit developments, subdivisions,
and variances.
2. No less than twenty (20) days prior to the public hearing, the local Zoning
Administration shall send notice and copies of the applicants information as
specified in Section 17 (6) to the following agencies for review and comments:
1. Department of Natural Resources
11. Minnesota/Wisconsin Boundmy Area Commission
B. The applicant for any permit requiring a public hearing shall submit to the governing
body at least thirty (30) days prior to such hearing, an abstractor's certificate
showing the names and addresses of all property owners within 350 feet of the
affected property, and any local governments, within two (2) miles of the affected
property. This requirement does not apply to amendments to the test of the
Riverway BlufiIand and Shoreland Management Ordinance.
C. Notice of the purpose, time, and place of such public hearing shall be mailed to all
property owners and local governments listed in Subdivision 17 (1) (B) at least ten
(10) days prior to the date of the hearing. This requirement does not apply to
amendments to the text of the Riverway BlufiIand and Shoreland Management
Ordinance.
St. Paul, Minnesota
ARTICLE 1.65-100. RC-RIVER CORRIDOR DISTRICT
Sec. 65.101. Intent and purpose.
(a) The River Corridor District and its subclassifications, RC-1, RC-2, RC-3 and RC-4,
are map overlay districts, designed to provide comprehensive floodplain and river bluff
management for the City of Saint Paul in accordance with the policies of Minnesota
Statutes (Chapters 104 and 116G), Minnesota Regulations (MEQC 54) and Governor's
Executive Order No. 79-19.
(b) It is the purpose of this chapter:
(1) To protect and preserve the Mississippi River Corridor as a unique and valuable
resource for the benefit of the health, safety and welfare of the citizens of the city and the
state;
(2) To prevent and mitigate irreversible damage to the Mississippi River Corridor;
(3) To protect and preserve the Mississippi River Corridor as an essential element in the
federal, state, regional and local recreation, transportation, sewer and water systems;
(4) To maintain the River Corridor's value and utility for residential, commercial,
industrial and public purposes;
(5) To protect and preserve the Saint Paul Mississippi River Corridor's biological and
ecological functions;
--."
(6) To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic,
cultural, scientific and historic functions;
(7) To guide development of the floodplain so as to minimize loss of life, threats to
health, and private and public economic loss caused by flooding; and
(8) To guide floodplain development in order to lessen the adverse effects of floods, but
not to reduce or eliminate flooding.
1
(Ord. No. 16876, 1-28-82; Ord. No. 16931,6-15-82; Ord. No. 17116,3-22-84; C.P. No.
91-531, ~ 6, 5-6-93)
Sec. 65.102. Establishment.
(a) This ordinance shall apply to a111ands within the City of Saint Paul shown on the river
corridor overlay zoning district maps as being located within the boundaries of the RC-1
River Corridor Floodway District, RC-2 River Corridor Flood Fringe District, RC-3
River Corridor Urban Open Space District and RC-4 River Corrider.UrbanDiversified
District.
(b) The twenty-one (21) river corridor overlay zoning district maps, dated July 6, 1987,
together with all matters attached thereto, are hereby adopted by reference and made a
part of this Code as if the matters and information set forth therein were fully described
herein. The attached material shall include:
ARTICLE IV. 65.400. RIVER CORRIDOR STANDARDS AND CRITERIA
Division 1. General Provisions
Sec. 65.401. Objectives.
The objective of standards and criteria is to maintain the aesthetic integrity and natural
environment of the river corridor in conformance to the St. Paul Mississippi River
Corridor Plan by reducing the effects of poorly planned shoreline and blumine
development; providing sufficient setback for sanitary facilities; preventing pollution of
surface and groundwater; minimizing flood damage; preventing soil erosion; and
implementing metropolitan plans, policies and standards.
2
Division 2. 65.410. Standards and Criteria
Sec. 65.411. Protection of shorelands, wetlands and bluffs.
(a) Generally. Development shall be conducted so that the smallest practical. area.ofland
be developed at anyone time and that each area be subjected to as little erosion or flood
damage as possible during and after development.
(b) Placement of structures:
(1) Reserved.
(2) Reserved.
(3) The following minimum setbacks for each class of public waters as described in
Minnesota Regulations NR-82 shall apply to all structures except those specified as
exceptions in subsection (9) below.
a. For natural environment waters at least two hundred (200) feet from the normal high
water mark for lots not served by public sewer and at least one hundred fifty (150) feet
from the ordinary high water mark for lots served by public sewers.
b. For general development waters at least seventy-five (75) feet from the normal high
water mark for lots not served by public sewer and at least fifty (50) feet from the
ordinary high water mark for lots served by public sewer.
(4) No commercial or industrial development shall be permitted on slopes greater than
twelve (12) percent.
(5) No residential development shall be permitted on slopes greater than eighteen (18)
percent.
(6) Bluff development shall take place at least forty (40) feet landward of all blufflines.
(7) Transportation, utility and other transmission service facilities and corridors shall
avoid:
3
a. Steep slopes;
b. Intrusions into or over streams, valleys and open exposures of water;
c. Intrusions into ridge crests and high points;
d. Creating tunnel vistas;
e. Wetlands;
f. Forests by running along fringe rather than through them. If necessary, to route
through forests, utilize open areas in order to minimize cutting;
g. Soils susceptible to erosion, which would create sedimentation and pollution problems;
h. Areas of unstable soils which would be subject to extensive slippages;
i. Areas with high water tables; and
j. Open space recreation areas.
(8) At river crossing points, public facilities, crossing corridors and other rights-of-way
shall be consolidated, so that the smallest area possible is devoted to crossing.
(9) Exceptions:
a. Location of piers and docks shall be controlled by applicable state and local
regulations.
b. Co=ercial, industrial or permitted open space uses requiring location on public
waters may be closer to such waters than the setbacks specified in the standard set out in
subsection (3) above.
(c) Grading and filling:
(1) A minimum amount of filling shall be allowed when necessary, but in no case shall
the following restrictions on filling be exceeded. Furthermore, fill opportunities shall be
fairly apportioned to riparian landowners. The developer shall evaluate ownership
patterns, configuration and the bottom profile of each wetland basin before fill
opportunities are apportioned.
(2) Grading and filling in shoreland areas (when allowable) or any other substantial
alteration of the natural topography shall be controlled in accordance with the following
criteria:
a. The smallest amount of bare ground shall be exposed for as short a time as feasible.
b. Temporary ground cover shall be used.
c. Methods to prevent erosion and trap sediment shall be employed.
4
d. Fill shall be stabilized.
(3) Reserved.
(4) Only fill free of chemical pollutants and organic wastes shall be used.
(5) Total filling shall not cause the total natural flood storage capacity of the wetland to
fall below the natural volume of runoff from the wetland and watershed generated by a
l00-year storm, as defined by the National Weather Service.
(6) Solid waste disposal and landfill shall not be permitted in the River Corridor District.
(7) Development shall fit existing topography and vegetation with a minimum of clearing
and grading.
(8) No rehabilitation slopes shall be steeper than eighteen (18) percent slope.
(9) Dredging of a shoreland or wetland shall be allowed only when it will not have
adverse effect upon the wetland. Dredging when allowed shall be limited as follows:
a. It shall be located in the areas of minimum vegetation.
b. It shall not significantly change the water flow characteristics.
c. The size of the dredged area shall be limited to the absolute minimum.
d. Deposit of dredged material shall not result in a change in the current flow, or in
destruction of vegetation or fish spawning areas, or in water pollution.
(Ord. No. 17116,3-22-84; C.P. No. 91-531, S 31, 5-6-93; c.P. No. 93-1718, S 88, 12-14-
93)
Sec. 65.412. Protection of wildlife and vegetation.
Development shall be conducted so as to avoid intrusion into animal and plant habitats.
(I) No alteration of the natural environment or removal of vegetation shall be permitted
when such alteration or removal would diminish the ability of dependent wildlife to
survive in the River Corridor.
(2) No wetland or bluffline vegetation shall be removed or altered except that required for
the placement of structures.
(3) Clear cutting shall be prohibited except as necessary for placing approved public
roads, utilities, structures and parking areas.
5
(4) Natural vegetation shall be restored after any construction project.
(5) Watering areas necessary for plant survival shall be maintained or provided.
(6) Development shall not cause extreme fluctuations of water levels or unnatural
changes in water temperature, water quality, water currents or movements which may
have an adverse impact on endangered or unique species of birds or wildlife.
See. 65.413. Protection of water quality.
(a) Generally. Development shall occur so that surface and subsurface water is not
adversely affected by contaminants. Water quality should meet or exceed state standards.
(b) Contamination:
(1) Development shall not be permitted on wet soils, very shallow soils, soils with high
shrink -swell or frost action potential unless it is shown that appropriate construction
techniques capable of overcoming the restrictive condition will be utilized.
(2) Septic tanks and soil absorption systems shall not be permitted where public sewer
systems are available. In areas where public sewers are not available, system shall be set
back from the normal high water mark in accordance with the class of public waters as
prescribed in Minnesota Regulations NR-82:
a. On natural environment waters, at least one hundred fifty (150) feet.
b. On general development waters, at least fifty (50) feet.
(3) Private wells shall be placed in areas not subject to flooding and up slope from any
source of contamination. Wells already existing in areas subject to flooding shall be
floodproofed in accordance with accepted engineering standards as defmed in the
Uniform State Building Code.
(4) Commercial or industrial land uses requiring the storage or production of materials or
wastes that may create a pollution hazard for groundwater or surface water shall be
prohibited unless the quality of both the groundwater and surface waters can
conform to all applicable state and federal standards, criteria, rules and regulations.
(c) Runoff:
6
(1) The phases of development shall be planned so that only areas which are actively
being developed are exposed. Other areas shall have cover of vegetation or mulch.
(2) Natural vegetation in shoreland and bluff areas shall be preserved to retard surface
runoff and soil erosion and to utilize excess nutrients.
(3) Sediment shall be retained within the development site area either by filtering runoff
as it flows through the development area or by detaining sediment-laden runoff in a
sediment basin so that the soil particles settle out.
(4) Water released to a drainage system shall be directed in such a manner as to travel
over natural areas rather than across established surfaces.
(5) Stormwater runoff may be directed to wetlands only when free of silt, debris and
chemical pollutants and only at rates which will not disturb vegetation or increase
turbidity.
(6) Development which takes place near slopes greater than twelve (12) percent shall not
result in increased runoff onto those slopes sufficient to damage vegetation or structures
thereon.
(7) Plans shall be submitted to the planning commission for any development placed
landward from dikes, floodwalls or levees which is below the flood protection elevation
of the dikes, floodwalls or levees. The plans must provide measures to ensure that
floodwaters do not back up onto the development from stormwater drainage systems.
(C.P. No. 91-531, ~ 21, 5-6-93)
ARTICLE V. 65.500. RIVER CORRIDOR SPECIAL CONDITION USE
PERl\flTS
Sec. 65.501. Application.
Special condition use permits shall be issued by the planning commission, except that the
planning commission may delegateauthority to issue special condition use permits to the
planning administrator according to rules which the commission may
prescribe. Such rules will be filed with the office of the city clerk. Applications shall be
submitted to the planning adrninistratortogether with application fee in the anlount
determined by the city council. Upon receipt of an application, the planning
7
administrator shall determine whether to require any or all of the following six (6) items
of information supplied by the applicant as a prerequisite to the consideration of the
application:
(I) Plans in triplicate drawn to scale, prepared by and signed by a registered engineer,
architect and/or land surveyor as applicable, showing the nature, location, dimensions and
elevation of the land; existing surface contours, structures, streets and utilities; proposed
surface contours, structures, fill and the location and elevations of proposed streets, water
supply, sanitary facilities and other utilities showing the relationship of the above to the
channel and to the designated River Corridor District limits.
(2) Specifications for building construction and materials, floodproofing, filling;
dredging, grading, channel improvements, storage of materials, water supply and sanitary
facilities.
(3) Typical valley cross-sections of areas to be occupied by the proposed development
showing the channel of the stream, elevation of land areas, high water information,
vegetation and soil types.
(4) Plan (surface view) of the proposed development showing the proposed use or uses of
the area and structures and providing location, relationships and spatial arrangements of
those uses and related structures to pertinent elevations, fill, storage location, utilities and
other features.
(5) Profile showing the slope of the bottom of the channel and flow lines of the stream.
(6) A written evaluation by a registered engineer or other expert person or agency of the
proposed project in relationship to flood heights and velocities, the seriousness of flood
damage to the use, the adequacy of plans for flood protection and other
technical matters.
(C.F. No. 91-531, !i 23, 5-6-93; c.F. No. 95-1444,!i 5,1-17-96)
Sec. 65.502. Other permits.
Applicable special condition use permits for lands in the designated River Corridor
District must be obtained prior to application for all other permits required by law and
ordinance. Zoning and special condition use permits for River Corridor
areas are supplementary to other zoning and building permits.
(C.F. No. 95-1444,!i 5,1-17-96)
8
Sec. 65.503. Factors considered.
In passing upon special condition use permit applications, the planning commission or
planning administrator shall consider all relevant factors specified in other sections of this
chapter and:
(1) The relationship of the proposed use to the comprehensive plan and floodplain
management program for the city.
(2) The importance of the services provided by the proposed facility to the community.
(3) The compatibility of the proposed use with existing development and development.
anticipated in the foreseeable future.
(4) The ability of the existing topography, soils and geology to support and accommodate
the proposed use.
{5) The compatibility of the proposed use with existing characteristics of biologic and
other natural communities.
(6) The proposed water supply and sanitation systems and the ability of those systems to
prevent disease, contamination and unsanitary conditions.
(7) The requirements of the facility for a river-dependent location, if applicable.
(8) The safety of access to the property for ordinary vehicles.
(9) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
(10) The dangers to life and property due to increased flood heights or velocities caused
by encroachments.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site.
(12) The danger that materials may be swept onto other lands or downstream to the injury
of others.
(13) The availability of alternative locations or configurations for the proposed use.
(14) Such other factors as are relevant to the purposes of this chapter.
(C.P. No. 95-1444, S 5,1-17-96)
9
Sec. 65.504. Hearing.
Within sixty (60) days from the date of application for special condition use permit, the
planning administrator shall submit the application together with additional information
obtained under section 65.501 to the planning commission. Unless the authority to issue
the special condition use permit has been delegated to the planning administrator, the
commission shall then fix a time for hearing and give the applicant at least ten (10) days'
written notice thereof. At the hearing the commission shall hear the report of the planning
administrator, and the applicant shall be given reasonable opportunity to be heard.
(CF. No. 95-1444; ~5, 1-17-96)
Sec. 65.505. Decision, permit.
Based upon all the reports, recommendations and evidence presented to the commission,
the commission shall render its written decision within a reasonable time following the
hearing, and a copy of such decision shall be mailed to the applicant. In granting a special
condition use permit the commission may prescribe any appropriate conditions and
safeguards which are in conformity with the purposes of this chapter.
(C.F. No. 95-1444, ~ 5,1-17-96)
Sec. 65.506. Subject to appeal.
All decisions by the planning commission or planning administrator granting or denying
a special condition use permit shall be final subject to appeal to the city council in
accordance with section 64.206.
(C.F. No. 91-531, ~ 22, 5-6-93; C.F. No. 95-1444, ~ 5, 1-17-96)
See. 65.507. Notify commissioner of natural resources.
A copy of the application for the proposed special condition use permit shall be submitted
to the commissioner of natural resources sufficiently in advance so that the commissioner
will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting
special condition use permits shall be forwarded to the commissioner of natural resources
within ten (10) days of such action.
10
(C.F. No. 95-1444, S 5,1-17-96)
Sec. 65.508. Conditions imposed.
The planning commission or planning administrator may attach such conditions to the
granting of special condition use permits as each deems necessary to fulfIll the pwposes
of this chapter. Such conditions may include, but are not limited to, the
following:
(1) Modifications of design, site planning or site treatment.
(2) Requirements for implementation of erosion and sediment control, vegetation
management, wildlife management and other protective measures.
(3) Modifications of waste disposal and water supply facilities or operations.
(4) Limitations on period of use and operation, a flood warning system and an evacuation
plan.
(5) Imposition of operational controls, sureties and deed restrictions.
(6) Requirements for construction of channel improvements, modifications, dredging,
dikes, levees and other protective measures.
(7) Floodproofing measures shall be designed consistent with state~established
floodproofing standards and with the flood protection elevation for the particular area
including flood velocities, duration and rate of rise, hydrostatic and hydrodynamic forces,
and other factors associated with the regulatory flood. The commission shall require that
the applicant submit a plan or documents certified by a registered professional engineer
or architect that the floodproofing measures are consistent with the regulatory flood
elevation and associated flood factors for the particular area. The floodproofrng measures
that may be required include, but are not limited to, the following:
a. Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors, bulkheads and shutters, or similar methods of
construction.
c. Reinforcement of walls to resist water pressure.
d. Use of paints, membranes or mortars to reduce seepage of water through walls.
e. Addition of mass or weight to structures to resist flotation.
f. Installation of pumps to lower water levels in structures.
g. Construction of water supply and waste treatment systems to prevent the entrance of
floodwaters.
II
h. Installation of pumping facilities or comparable practice for subsurface drainage
systems for buildings to relieve external
foundation wall and basement floor pressures.
i. Construction to resist rupture or collapse caused by water pressure or floating debris.
j. Installation of valves or controls on sanitary and storm drainage which will permit the
drains to be closed to prevent backup of sewage and stormwaters into the buildings or
structures. Gravity draining of basements may be eliminated by mechanical devices.
k. Location of all electrical equipment, circuits and installed electrical appliances such
that they are not subject to the regional flood.
I. Location of any structural storage facilities for chemicals, explosives,buoyant
materials, flammable liquids or other toxic materials, which could be hazardous to public
health, safety and welfare, above the flood protection elevation or provision of adequate
floodproofing to prevent flotation of or damage to storage containers which could result
in the escape of toxic materials into floodwaters.
(8) Specifications for building construction and materials, filling and grading, water
supply, sanitary facilities, utilities and other work or construction to be submitted to the
city division of housing and building code enforcement for review and approval
prior to any development.
(Ord. No. 17116,3-22-84; c.P. No. 95-1444, ~ 5,1-17-96)
Sec. 65.509. Notice of increased insurance costs.
The planning administrator shall notify all applicants who propose to construct a
structure, other than an accessory structure, below the regulatory flood protection
elevation, as specified in section 65.224(1), (2) or (3) that:
(l) The issuance of a special condition use permit to construct a structure below the
regulatory flood protection elevation will result in increased premium rates for flood
insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars
($ ]()().OO) of insurance coverage; and
(2) Such construction below the regulatory flood protection elevation increases risks to
life and property. Such notification shall be maintained with a record of the special
condition use permit. The planning administrator shall report such special condition
use permits issued in the biennial report submitted to the administrator of the National
Flood Insurance Program.
(C.P. No. 91-531, ~ 24, 5-6-93; c.P. No. 95-1444, ~ 5,1-17-96)
12
ARTICLE VI. APPEALS AND MODIFICATIONS
Sec. 65.600. Reserved.
Editor's note--Section 65.600, pertaining to appeals on floodplain matters and derived
presumably from provisions enacted during the 1987 republication, was repealed by C.F.
No. 91-531, S 25, adopted May 6, 1993.
Sec. 65.650. Modifications.
(a) The planning commission is hereby authorized to grant to the provisions of this
chapter where it appears that by reason of exceptional circumstances the strict
enforcement of this chapter would cause undue hardship and strict conformity with the
standards would be unreasonable, impractical and not feasible under the circumstances.
The burden of proof shall rest with the applicant to demonstrate conclusively to the
commission that such modification will not result in a hazard to life or property and will
not adversely affect the safety, use or stability of a public way, slope or drainage channel,
or the natural environment; such proof may include soils, geology and hydrology reports
which shall be signed by registered professional engineers.
Modifications granted by the planning commission shall be consistent with the general
purposes of the standards contained in this chapter and state law and the intent of
applicable state and national laws and programs. Although modifications may be used to
modify permissible methods of flood protection, no modification shall have the effect of
allowing in any district uses prohibited in that district, permit a lower degree of flood
protection than the flood protection elevation for the particular area, or permit a lesser
degree of flood protection than required by state law. Appeals from the decision of the
planning commission may be taken to the city council in accordance with Section 64.206.
Applications for modification shall be filed together with the required fee with the
planning administrator.
(b) Notwithstanding any other provision of this river corridor code, modifications may be
granted for the repair or rehabilitation of historic structures upon a determination that the
repair or rehabilitation will not preclude the structure's continued designation
as a historic structure, the modification is the minimum necessary to preserve the historic
character and design of the structure and the repair or rehabilitation will not cause a
significant increase in the height of the regional flood.
(c) A copy of the application for a modification shall be submitted to the commissioner of
natural resources sufficiently in advance so that the commissioner will receive at least ten
(10) days' notice of the planning commission hearing. A copy of all decisions granting
13
modifications shall be forwarded to the commissioner of natural resources within ten (10)
days of such action.
(Ord. No. 16956,9-9-82; C.P. No. 91-531, S 26, 5-6-93)
ARTICLE vn. 65.700. AMENDMENTS
Sec. 65.700. Amendments.
(a) All amendments shall be made in the manner set forth in Minnesota Statutes, Section
462.357. The floodplain designations established by this chapter shall not be removed
from floodplain areas unless it can be shown that the designation is in error or that the
areas are filled to an elevation at or above the flood protection elevation and are
contiguous to other lands lying outside the floodplain district. Special exceptions to this
rule may be permitted by the Commissioner of Natural Resources if he
determines that, through other measure, lands are adequately protected for the intended
use.
(b) All amendments to this chapter. including amendments to the River Corridor Overlay
Districts maps, must be submitted to and approved by the Commissioner of Natural
Resources prior to adoption. Changes to the RC-1 and RC-2 maps mustmeetthePederal
Emergency Management Agency's (FEMA) technical conditions and criteria and must
receive prior FEMA approval before adoption. The Commissioner of Natural Resources
must be given ten (10) days' written notice of all hearings to consider an amendment to
this chapter and such notice shall include a draft of the ordinance amendment or technical
study under consideration.
(C.P. No. 91-531, S 27, 5-6-93)
ARTICLE VIll. 65.800. ADMINISTRATION
Sec. 65.800. Administration.
(a) Record of elevation of lowest floor and floodproofing. The zoning administrator shall
maintain a record of the elevation of the lowest floor (including basement) of all new
structures, altered structured or additions to existing structures in the
14
floodplain. The zoning administrator shall also maintain a record of the elevation to
which all new structures and alterations or additions to structures are floodproofed.
(b) State and federal permits. Applicants for special condition use permits, modifications
and site plan review approval are responsible for obtaining all necessary state and federal
permits.
(c) Warning and disclaimer of liability. This chapter does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding
or flood damages. This chapter shall not create liability on the part of the City of Saint
Paul or any officer or employee thereof for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
(d) Severability. If any section, clause, provision or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
chapter shall not be affected thereby.
(C.P. No. 91,531, !l28, 5,6,93)
15
.,.'
Goodhue County, Minnesota
ARTICLE 4. BLUFF LAND PROTECTION
SECTION 1. INTENT AND PURPOSE
Goodhue County recognizes the historic and economic values of the bluffs that line the
many rivers and valleys of the County. These standards set out to protect and preserve the
sensitive physical features of the bluffs by regulating development, preventing erosion
and controlling the cutting of timber on the slopes and tops of the
bluffs.
SECTION 2. SCOPE
These standards shall regulate the setback of structures, sanitary waste treatment facilities
and row crops from bluff impact zones to protect the existing and/or natural scenic
values, significant historic sites, vegetation, soils, water and bedrock from disruption by
man-made structures or facilities. These standards will also regulate alterations of the
natural vegetation and topography.
Subd. 1. BLUFF. A high bank or bold headland with a broad precipitous
sometimes rounded cliff-face overlooking a plain or body of water,
especially on the outside of a stream or meander-river bluff, that rises or
drops twenty-five (25) feet from the horizontal and the
slope averages thirty (30) percent or greater.
Subd. 2. BLUFF IMPACT ZONE. All of the land lying between the top of
the bluff and the toe of the bluff.
Subd. 3. SIGNIFICANT HISTORIC SITE. Any archaeological site, standing
structure, or other property that meets the criteria for eligibility to the
1
National Register of Historic Places or is listed in the State Register of
Historic Sites, or is determined to be an unplatted cemetery that falls under
the provisions of Minnesota Statutes, Section 307.08. A historic site meets
these criteria if it is presented listed on either register or if it is determined to
meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic
sites.
Subd. 4. TOE OF THE BLUFF. The point on a bluff where there is, as
visually observed, a clearly identifiable break in the slope, from gentler to
steeper slope above. If no break in the slope is apparent, the toe of the bluff
shall be determined to be the lowest end of the fifty (50) foot segment that
exceeds twenty (20) percent slope.
Subd. 5. TOP OF THE BLUFF. The point on a bluff where there is, as
visually observed, a clearly identifiable break in the slope, from steeper to
gentler slope above. If no break in the slope is apparent, the top of the bluff
shall be determined to be the highest end of the highest fifty (50) foot
segment that exceeds twenty (20) percent slope.
Subd. 6. VISUALLY INCONSPICUOUS. Difficult to be seen and not
readily noticeable from any point on the river or valley during the time when
the leaves are on the deciduous trees.
SECTION 3. BOUNDARIES
Subd. I. The bluff land protection area shall include all areas with the
following soil types as determined by the Goodhue County Soil Survey:
A. FrE - Frontenac soils, steep.
B. FrF - Frontenac soils, very steep.
C. MaE - Marlean soils, steep.
D. MaF - Marlean soils, steep.
E. DuF - Dubuque silt loam.
F. BaF - Bellechester sand 25-45% slope.
2
.'
G. BoE - Brodale-sogn flaggy loams, steep.
H. BoF - Brodale-sogn flaggy loams, very steep.
1. RaE - Racine soils 18-25% slope.
J. SdE - Schapville-sogn complex 18-35% slope.
K. SfE - Seaton silt loam, 18-25% slope.
L. WsE - Whalan Silt loam, 18-35% slope.
SECTION 4. GENERAL REGULATIONS
Subd. 1. Structures, accessory facilities (except stairways and landings) shall
not be placed within bluff impact zones.
Subd. 2. Setback from top or toe of the bluff to any structure in any district
shall be no less than thirty (30) feet.
Subd. 3. The maximum height of any structure shall be twenty-five (25) feet
from the highest natural grade touching foundation.
Subd. 4. No person may begin a mining or quarrying activity or expand a
mining or quarrying activity within three hundred (300) feet of the toe or top
of a bluff without a conditional use permit.
Subd. 5. No towers shall be located within one-fourth (1/4) mile of the bluff
impact zone.
Subd. 6. All stairways and lifts on bluffs and in shoreland areas shall be
visually inconspicuous. Stairways and lifts shall meet the following design
requirements:
A. Stairways and lifts must not exceed four (4) feet in width on residential
lots.
3
B. Landings for stairways and lifts on residential lots must not exceed
thirty-two (32) square feet in area. Landings larger than thirty-two (32)
square feet may be used for public open space recreational properties.
C. Canopies or roofs are not allowed on stairways, lifts, or landings.
D. 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.
E. 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.
F. Facilities such as ramps, lifts, or mobility paths for physically
handicapped persons are also allowed for achieving access to shore areas,
provided that the dimensional and performance standards of sub-items A-
E are complied with in addition to the requirements of Minnesota
Regulations, Chapter 1340.
Subd. 7. No grading, excavating or filling within the bluff impact zones,
except for approved erosion control measures. Erosion control projects
within the bluff impact zone shall comply with A. and B. below:
A. Altered areas shall be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the Goodhue Soil and
Water Conservation District and the USDA, Natural Resources
Conservation Service.
B. Plans to place fill or excavated materials in bluff impact zones shallbe
prepared by qualified professional for continued slope stability, and
approved by Land Use to be born by the applicant.
Subd. 8. The top or toe of bluffs shall be certified by a registered land
surveyor or Zoning Administrator.
4
Subd. 9. Vegetation Alterations. Vegetation alterations shall be subject to the
standards found in Article 3, Section 7 of the Goodhue County Zoning
Ordinance.
5
!' :.
t
Village of Lake Bluff
Zoning Code - Chapter 13
SECTION:
Bluffi'Ravine Regulations
10-13-1: Pwpose and Intent
10-13-2: Application
10-13 -3: Setbacks for Ravines and Bluffs
10-13-4: Buildings and Structures in Bluffs and Ravines
10-13-5: Construction Activity in Bluff and Ravine Protection Areas
10-13 -6: Construction Activity on Bluffi'Ravine Property
10-13-7: Protection and Maintenance ofBluffi'Ravine Property
10-13-8: Walkout Basements
10-13-9: Bluffi'Ravine Nonconforrnities
10-13-1: PURPOSE AND INTENT:
The Village of Lake Bluff's ravine and bluff areas provide a unique natural resource to the Village
and to its residents that must be
preserved and protected. Bluffs and Ravines are inherently fragile and subject to erosion due to
glacially formed soils contaiuing unstable
sediment, rock, and silt. Development and construction activity in and around Bluffs and Ravines
could be hazardous to people and
property and could accelerate the erosion process. The purpose and intent of this Chapter 13 is to
accomplish the following goals through
the establishment of reasonable regulations to protect and maintain Bluffs and Ravines in the
Village:
A. Protect people and property against damage or destruction caused by accelerated erosion
resulting from
development and construction activities in or around Bluffs and Ravines.
B. Protect Bluffs and Ravines against unnecessary damage or destruction caused by certain
development and
construction activities.
C. Maintain proper water runoff in order to decrease the effects of erosion on Bluffs and
Ravines.
Ravines.
D. Miuimize the disruption or alteration of natural drainage occurring in or around Bluffs and
E. Protect the property values of properties on which Bluffs and Ravines are located.
F. Preserve and enhance the physical and aesthetic qualities of Bluffs and Ravines by, among
other things,
minimizing the disruption or damage to existing vegetation.
10-13-2: APPLICATION:
The provisions of this Chapter shall apply generally and uniformly to all areas and zouing districts
within Village. The provisions of this
Chapter shall also apply cumulatively and simultaneously with the other provisions of the Village's
zouing, subdivision, and building
. ~ .
.,
codes, and no approvals or pennits issued pursuant to such ordinances, regulations, or codes shall
be deemed to authorize any activity
that does not also comply with the applicable provisions of this Chapter. Furthermore, if ever a
provision of this Chapter and another
provision in the Village's zoning, subdivision, or building codes are inconsistent, provisions
resulting in the maximum protection and
preservation of Bluffs and Ravines shall govern, except where limited by law.
10-13-3: SETBACKS FOR RAVINES AND BLUFFS:
A. Setbacks For Ravines. Except as otherwise expressly provided in Subsection C of this Section,
no principal structure or building, no accessory structure
or building that requires the issuance of a building pennit pursuant to the Lake Bluff Municipal
Code, and no driveway shall be erected or altered on any lot
so as to place any portion of any such building, structure, or driveway within 10 feet from any Top
Ravine Edge.
B. Setbacks For Bluffs.
I. Principal Structures and Buildings. Except as otherwise expressly provided in Subsection
C of this Section, no principal structure or
building, or driveway shall be erected or altered on any lot so as to place any portion of any
such building, structure, or driveway within
40 feet from any Top Bluff Edge.
2. Accessory Structures and Buildings. Except as otherwise expressly provided in Subsection
C of this Section, no accessory structure or
building that requires the issuance of a building pennit pursuant to the Lake Bluff Municipal
Code shall be erected or altered on any lot
so as to place any portion of any such building or structure within 10 feet from any Top Bluff
Edge.
C. Non-ImperviotlS and Other Improvements. Notwithstanding the sethack requirements in
Subsections A and B of this Section, any non-impervious
improvement including, without limitation, a paver patio, and any other improvement that does not
require the issuance of a building pennit pursuant to the
Lake Bluff Municipal Code, including, without limitation, a swing set or similar apparatus, may be
located up to but no further than the Top Ravine Edge of
a Ravine or the Top Bluff Edge of a Bluff, as the case may be; provided, however, that such
improvement does not, as detemtined in advance by the Village
Engineer, adversely effect storm water drainage or wmecessari1y accelerate erosion of the Bluff or
Ravine, or otherwise create a hazardous condition or public
nuisance.
10-13-4: BUll.DINGS AND STRUCTIJRES IN BLUFFS AND RAVINES:
A. General Proluoition. Except as e,,:pressly permitted pursuant to Subsection B of this Section, no
principal or accessory building or
structure, no permanent fence, and no other at -grade improvement of any kind shall be constructed,
placed, or maintained in any Bluff or
Ravine.
B. Permitted Structures. Notwithstanding the general prohibition set forth in Subsection A of this
Section, the following improvements may be pennitted in
a Bluff or Ravine in accordance with the regulations set forth below and the other applicable
regulations of this Chapter, provided such improvement would
-,
I.
not, as determined in advance by the Village Engineer, adversely effect stonn water drainage or
unnecessarily accelerate erosion of the Bluff or Ravine, or
otherwise create a hazardous condition or public nuisance:
1. Paths and Steps at Grade. Paths and steps at grade of no greater than six feet in width shall be
allowed in any Bluff or in any Ravine.
2. Decks. Decks and other similarly elevated structures shall be allowed to extend over the Top
Ravine Edge of a Ravine; provided, however that
no pier foundations or supports shall be placed or maintained on or beyond the Top Ravine
Edge.
3. Benches. Benches shall be allowed to be located or maintained within a Bluff or Ravine.
4. Stairs. Stairs and associated landings shall be permitted in any Ravine or Bluff that is located
on Bluff / Ravine Property that is at least 1.5
acres.
10.13.5: CONS1RUCTION ACTIVITY IN BLUFF AND RAVINE PROTECTION AREAS:
A. General. Except as expressly permitted pursuant to Subsection B of this Section, no construction
activities, including, without
limitation, grading, excavating, filling, terracing, or stocl'piling or dumping of excavated material,
shall be permitted in any Bluff or
Ravine Protection Area.
B. Permitted Construction Activities. Notwithstanding the general prohibition set forth in
Subsection A of this Section, the following
construction activities shall be permitted in a Bluff or Ravine Protection Area, with the prior
approval of the Village Engineer and in
accordance with the regulations set forth below and the other applicable regulations of this Chapter:
1. Erosion control and slope stabilization activities.
2. Public utility and other public improvement projects.
3. Drainage improvements that are necessary to prevent or mitigate erosion.
4. General maintenance and landscaping, including the removal of diseased, dead, or damaged
trees.
5. Action necessary to remediate an unstable or unsecure slope that poses an imminent danger to
persons or property.
C. Protection Standards. All construction activities permitted pursuant to this Subsection shall be
perfonned in a manner (i) to cause the
least possible disruption of the natural features of a Bluff or Ravine Protection Area, and (ii) to be
consistent with the purposes and intent
of this Chapter as expressed in Section 10-13-1 of this Chapter. Specifically, during any such
permitted construction activities, natural
drainage shall be maintained to the maximum extent possible. Run-offfrom impervious surfaces
shall be conveyed to existing storm
sewers, wherever possible, or, if approved by the Village Engineer, channeled into the Bluff or
Ravine in a manner to minimize the
impact or damage to the Bluff or Ravine Protection Area.
10-13-6: CONS1RUCTION ACTIVITY ON BLUFF / RAVINE PROPERTY:
The following restrictions and requirements shall apply to all construction activities on Bluff /
Ravine Property.
..'
1", '''I
A. Plat of Survey Required, Unless othernise waived by the Village Engineer, any application for a
building permit for any construction activity on any Bluff
I Ravine Property shall include a plat of survey prepared within one year of the date of application
for the subject permit. The plat shall be sealed by a
licensed surveyor and shall include, at a minimum, the following elements and information:
I. The lot lines of the Bluff I Ravine Property;
2. The curvilinear line defining the Top Ravine Edge, or Top Bluff Edge, or both, as the case
may be (See
Illustrations l5A and 15B);
3. The total square footage of the Bluff I Ravine Property along with supporting calcnJations;
4. The location of all existing improvements on the Bluff I Ravine Property in relation to the
Top Ravine Edge or the
Top Bluff Edge, or both, as the case may be;
5. The location of all proposed new improvements in relation to the Top Ravine Edge or the Top
Bluff Edge, or
both, as the case may be, clearly distinguished from existing improvements (See Illustrations
15A and 15B);
6. The existing and proposed grades;
7. The existing and proposed top offoundiuion elevations, using the same elevation data as used
for site grades;
8. Benchmark with elevation and location clearly defined;
9. The location of all existing and proposed utility lines, including storm drainage facilities; and
10. A demonstration of the ways in which the applicant will ensure that all.constroction
activities are in compliance
with this Chapter and that all such activities will be performed in a manner (i) to cause the least
possible disruption of
the natural features of a Bluff or Ravine Protection Area, and (ii) to be consistent with the
purpose and intent of this
Chapter as expressed in Section 10-13-1 of this Chapter.
B. Fencing. A temporary fence shall be erected along a line that is ten feet from the Top Ravine
Edge or Top Bluff Edge, or both, as the case may be, during
any development or constroction activity on Bluff I Ravine Property. For any constroction activity
that is permitted pursuant to this Chapter to be within
said ten-foot area, such fencing as the Village Engineer shall determine is necessary to prevent
adverse impacts on the Ravine or Bluff, or both, as the case
may be, shall be required. Any such fence shall be removed upon completion of the development or
construction activity.
C. Grading and Restoration. Upon completion of any development or constroction activity on Bluff
I Ravine Property, appropriate grading and restoration
work shall be performed, as required by the Village Engineer, in order to ensure protection of the
Bluff and Ravine Protection Areas.
10-13-7: PROTECTION AND MAINTENANCE OF BLUFF IRA VINE PROPERTY:
.
...
~.. -., .
A. Filling and Dumping Prohibited. No gaIbage, construction debris, or landscaping materials shall
be dumped or filled in any Bluff or Ravine Protection
Area.
B. Drainage. Measures shall be required to control storm water runoff from structures and other
improved surfaces on Bluff I Ravine Properties. Wherever
feasible, such runoff shall be collected and carried to municipal storm drainage facilities located
away from Ravines and Bluffs. If discharge directly into
municipal storm drainage facilities is not feasible, drainage shall be collected and discharged
directly into the base of the Ravine or Bluff channel via
continuous, non-perforated drain lines designed to collect storm water runoff prior to the runoff
reaching the Ravine or Bluff Area. Such drainage lines shall be
buried on the slopes of the Ravine or Bluff and required excavations shall be located to minimize
damage to trees and the slope of the Ravine or Bluff. In no
event shall the point source discharge of water be allowed on or near any side of any Ravine or
Bluff. A complete site drainage plan shall be required as part of
the site plan submittal required pursuant to Subsection lO-I3-6A of this Chapter.
C. Vegetation. Native vegetation shall be maintained to the greatest extent possible within all Bluff
and Ravine Protection Areas. Illustration 16 to this
Chapter is a non-exclusive list of native vegetation that Bluff I Ravine Property owners are
encouraged to utilize within all Bluff and Ravine Protection Areas.
10-13-8: WALKOUT BASEMENTS:
Notwithstanding the otherwise applicable provisions of Paragraph 10-3-7BI of this Title 10, for
any principal structure on Bluff I Ravine
Property that has a walkout basement with a rear wall located in a Ravine or within a Ravine
Protection Area, a percentage of the floor
area of the walkout basement shall be included in the gross floor area of the BlufllRavine Property.
The total additional square footage to
be included in the gross floor area calculation for any such walkout basement shall be 40 percent of
the total area, in square feel, of all
portions of the finished floor that are enclosed by lines extending perpendicular from the basement
wall facing the Ravine to the opposite
basement wall across the full width of the exposed portion of the basement wall at a height of two
feet above grade. The resulting square
footage shall be included in the gross floor area of the BluflIRavine Property. See Illustration 17.
10-13-9: BLUFF I RAVINE NONCONFORMITIES:
A. Damage or Destruction. If all or any part of any structure, building, or any other type of at-grade
improvement that is, as of March 9, 1999, being the
effective date of this Chapter 13, nonconforming with regard to the provisions of this Chapter, is
damaged, destroyed, or tom down by any means, whether or
not within the control of the owner thereof, then the particular type of structure, building, or
improvement may be repaired, restored, rehabilitated, or rebuilt;
provided, however, that no such repair, restoration, rehabilitation, or rebuilding shall be made that
would create any new nonconformity or that would
increase the degree of any nonconformity existing prior to such damage, destruction, or tear down,
as provided in Subsection C of this Section.
B. Time Limit. Notwithstanding Subsection A of this Section, all such repairs, restorations,
rehabilitations, and rebuilding shall be in strict conformity with
, ..
.. ..
"
the applicable zoning district regulations and with the regulations of this Chapter unless a building
perntit is obtained and restoration is actually begun with
one year after the date of such damage, destruction, or tear down and is diligently pursued to
completion.
C. Horizontal Extension; Change in Type of Structure. For purposes of this Section, the horizontal
extension of a nonconfornting structure, or the change in
the type of structure, shall be construed to increase the degree of the existing nonconforntity of the
structure unless such horizontal extension or such change in
the type of structure conforms to all applicable zoning regulations including the regulations set
forth in this Chapter.
(Ordinance 99-9 3-8-99)
iO 1999 Village of Lake Bluff. All Rights Reserved.
Overview
Critical Area Program/
Mississippi National River and Recreation Area
Denmark is one of twenty-five communities within a 72-mile Mississippi River corridor through the
Twin Cities metropolitan area. In 1976, a Governor's Executive Order established this corridor as a
"Critical Area". This required, per the Critical Areas Act of 1973, that communities develop plans to
protect the historic, cultural, aesthetic, and natural qualities of the river. The Department of Natural
Resources (DNR) now reviews and approves these Critical Area Plans and ordinances, which
contain mandatory elements, referred to as Tier I elements. The extent of the Critical Area in
Denmark Township is illustrated in Figure 1. The following are general purposes of the Critical
Area Program:
~ Protect and preserve unique and valuable state and regional resources.
~ Prevent and mitigate irreversible damage to these resources.
~ Preserve and enhance natural, aesthetic, cultural and historic value for the public use.
~ Protect and preserve the river as an essential element in the national, state and regional
transportation, sewer and water and recreational systems.
~ Protect and preserve the biological and ecological functions of the corridor.
The United States Congress designated this same corridor as the Mississippi National River and
Recreation Area (MNRRA) in 1988. The intent of this legislation was to enhance the resources of
the metropolitan river corridor, develop overall policies for the management of lands and water
within the corridot, and increase regulatory consistency. These policies are contained in the
MNRRA Comprehensive Management Plan (CMP), which was developed by the Mississippi River
Coordinating Commission and National Park Service, in consultation with local and state units of
government. The CMP incorporates policies and planning elements that are recommended for local
jurisdictions (teferred to as Tier II elements) but which remain voluntary. The National Park service
is the body responsible for local implementation of the CMP. It has no review or regulatory
authority ovet local plans and ordinances, but can recommend funding for implementation plans in
communities that incorporate the CMP. The following are general purposes of the MNRRA
Program:
./ Preservation and enhancement of environmental values.
~ Enhanced outdoor recreation opportunities.
~ Conservation and ptotection of scenic, historical, cultural, natural and scientific values.
~ Commercial use consistent with purpose of designation.
The Minnesota State Legislatute amended the 1976 Land Planning Act in 1995 to require that
communities amend their comprehensive plans every ten years. Initial updates are due by the end of
1998. The Metropolitan Council, the DNR and the National Park Service coordinated efforts to
provide technical assistance to communities that are updating their plans to meet mandatory Critical
Area planning requirements, as well as encouraging communities to address the voluntary elements
of the MNRRA Comprehensive Management Plan.
36
State law requires communities to complete Critical Area Plans as well as ordinances that are
consistent with the Plan. The Township must submit the Plan to the Metropolitan Council for
review. The Township must also submit the Plan and ordinances to the DNR, for review and
approval, based upon consistency with elements of Executive Order 79-19, the Critical Areas Act of
1973 (Minnesota Statute 116G) and related state laws. The MNRRA CMF is broad and intended to
address a variety of different river corridor issues. The CMP contains elements that go beyond what
is required under State law. There is additional emphasis on public access to the river, historic
preservation, and habitat restoration/ mitigation.
Critical Area Goals
The following are goals of Denmark Township regarding the future use, preservation and enjoyment
of the Mississippi River Critical Area. These goals have also been incorporated into the
Comprehensive Plan.
./ Protect the rural character of tbe Township through growth management strategies.
./ Protect and preserve the St. Croix River corridor and the Mississippi National River and
Recreation Area.
./ Preserve the open space, scenic and natural qualities of the Critical Area, as well as its
ecological and economic funcrions.
./ Establish land use patterns that preserve and protect the natural qualities and existing
character of the landscape.
./ Protect environmental systems from harm.
./ Maintain and enhance the natural amenities of the Township, including wildlife habitat.
./ Protect surface waters and weiland areas to protect natural habitats, ground water quality
and aesthetic qualities.
./ Provide recreational opportunities for all residents of the Township.
./ Enhance park and recreation areas of the Township.
Critical Area Policies
These policies reflect Denmark's specific commitments to the preservation and management of the
Critical Area.
Land Use
./ Allow residential densities to be at levels consistent with the character of existing
development.
./ Encourage the clustering of residential uses, provided that the clusters meet open space
and environmental preservation criteria, as well as other criteria outlined in the
Township's zoning,..."j subdivision and Critical Area ordinances.
./ Enforce mandatory river corridor development standards for the St. Croix and
Mississippi River corridors.
./ Prevent commercial or industrial uses from negarively impacting residential uses or the
river corridor areas.
./ Prohibit mineral extraction uses in tbe Critical Area.
./ Apply setback and height restrictions and encourage careful site design to maintain the
natural view of the river corridors from existing open space and developed areas and
from the river.
38
V' Protect and preserve natural, historic and cultural resources where possible.
V' Require site plan review and building design that minimizes site alteration and impact on
sensitive natural resources and which includes and addresses adequate site buffering,
screening, landscaping, circulation, parking, and safety.
V' Encourage, where practical, the placing of utilities underground.
V' Regulate commercial signage so that it does not detract from the quality of the
Mississippi River Critical Area Rural Open Space District.
Transportation and Public Facilities
V' Encourage development designs that minimize the need for new roadways.
V' Require utility companies and other agencies to minimize the number
of river crossings by utilizing existing crossings and not to alter the character of the river
or stimulate other incompatible development.
V' Prohibit temporary casual mooring in the Critical Area, except in emergencies.
Environmental
V' Comply with all local, county, state, and federal regulations for activities occurring in
naturally or environmentally sensitive areas.
V' Provide uninterrupted vegetated shorelines by restricting or prohibiring development on
shoreland and floodplain areas, wetlands, and other natural features that serve important
environmental functions.
V' Enforce development standards consistent with soil suitability, steep slopes, and ground
water sensitivity.
V' Maintain natural vegetation on steep slopes, bluffs and floodplains.
V' Enforce development standards consistent with the Wetlands Conservation Act.
V' Encourage the restoration of degraded wetlands where practical.
V' Ensure implementation of Chapter 4 of the Washington County Development Code,
which governs the permitting, design, installation, expansion, and maintenance of
individual sewage treatment systems.
V' Ensure implementation of Chapters 5 and 6 of the Washington County Development
Code, which governs the management of bluffland and shoreland areas in the Township.
V' Ensure implementation of sections of Chapter 3 of the Washington County
Development Code that reference stormwater management, including the MPCA's
publication "Protecting Water Quality in Urban Areas" to minimize rates and volumes
of runoff and to improve water quality.
V' Ensure implementation of sections of Chapter 3 of the Washington County
Development Code that incorporate recommended erosion and sedimentation control
practices of the Washington County Soil and Water Conservation District and the Lower
St. Croix Watershed Management Organization (WMO).
V' Participate in and implement the plans of the Lower St. Croix Watershed Management
Organization (WMO).
V' Require the preservation and restoration of native vegetation in areas not used for
agricultural purposes when possible to protect wildlife habitat, bluffs and floodplain
forests.
39
Park, Recreation and Open Space
./ Require the dedication of park or open space land, or cash in lieu of land, in conjunction
with the subdivision of all properties.
./ Accept land gifts or require land dedications in areas with potential open space, natural
feature or habitat qualities.
./ Encourage the preservation or restoration of habitat and biological diversity.
./ Identify potential trail corridors that provide connections to and views of the river.
./ Encourage developers to provide trails and access to public trails.
./ Protect stream banks from recreational impacts.
Critical Area Guidelines
The following are guidelines, rather than policies, that the Township will encourage homeowners
and land developers to observe when conducting activities that disturb land within the Critical Area.
Most of these guidelines are more or less incorporated into existing ordinances. However, the
Planning Commission should refer to these guidelines when exercising review authority regarding
permits and plans for site development.
Vegetation
./ Removal of healthy, non-hazardous vegetation is discouraged, particularly along
shoreline, bluff face, in werlands, and on floodplains.
./ Native plant materials should be used in replanting.
./ Vegetation removal is only appropriate in building and paved areas.
./ Grading should preserve root aeration zone and stability of existing trees. It should also
provide adequate watering area equal to at least 50% of crown area. Fencing should be
used to ensure this.
./ Vegetation could be selectively pruned to improve river views and vistas, but not alter
the character or massing of vegetation.
./ Large areas of bluegrass should be avoided in order to maintain natural appearance,
control pollution and conserve water.
Erosion and Sedimentation Control
./ Development should be suited to site, soil conditions and existing drainage patterns.
./ Minimize runoff rates and maximize absorption of water.
./ Natural erosion control is preferable over structural.
./ Erosion and sediment control should take place prior, during and after site construction.
./ Preserve quality of surface water runoff and ground water recharge.
./ Fill should be stabilized with plant material and not exceed 4: 1 slope.
./ Werlands and other water bodies should not be used as sediment traps.
./ Detention ponds for temporary water storage should be used when practical.
./ Natural slopes and vegetation are preferable to retaining walls, but when necessary, walls
should be no higher than 5 feet and be constructed of wood or natural stone. If walls
are terraced, space between terraces should be at least 15 feet and heavily planted.
40
Intergovernmental Cooperation
The Comprehensive Plan and Mississippi River Critical Area Plan were created in consultation and
negotiation with a variety of levels of government and government agencies. Denmark Township
recognizes that the planning process does not end at the Township's borders and that there are
opportunities and concerns that go beyond the local level. Denmark is part of a County, a state, a
metropolitan region, a watershed, and is among many communities that share the river corridor area
for a variety of uses. Denmark recognizes its responsibility to participate in the protection of not
only local resources, but resources of county, state, regional or national significance.
Denmark Township must comply with a variety of statutory obligations that impact the natural and
built environment in the Township. These include Critical Area requirements; Metropolitan Land
Planning Act requirements; County land use planning requirements; shoreland, floodplain and
wetland regulations; and other requirements. Meeting planning goals at the local, county, and
regional level often requires participation by multiple levels of government. These include, among
others, the DNR, the Metropolitan Council, and Washington County. The Township supports the
spirit of many of the plans, programs, policies, and obligations that impact the community. The
Township is also committed to voicing concerns when it feels that plans and regulations are
unnecessarily strict, cumbersome or do not adequately meet the interests of local residents.
Land Use and Natural Features
The Mississippi River Critical Area in Denmark constitutes approximately 1,250 acres. Much of this
area consists of important natural features, including bluffland, shoreland, wetlands and floodplain.
Table 1 below provides a breakdown of land uses in Denmark's Critical Area.
Table 1
MNRRAjCritical Area Land Uses
Commercia!
Developed Ruidential
Water/ slopes/floodplain
Vaeon! agricultural
Vacant Sinj!.Ie~Famify Estate
TOTAL
20
152
524
105
449
1,250
%
1.6%
12.2%
41.9%
8.4%
35.9%
100.0%
acres
SOHftt: Denmark T01PflShip
Zoning and Other Ordinances Affecting Land Use
Most of the land is zoned Single-Family Estate, or one home per three acres. Portions of the
Critical Area are zoned A-2 (Agriculture), or one home per twenty acres. A small portion of
Denmark's Commercial/Industrial Area lies within the Critical Area boundary. Much of the Critical
Area cannot be developed, however, due to the presence of floodplain and steep slopes near the
river. A portion of the Critical Area is also within Washington County' Shoreland Overlay Zoning
Dis trict.
Land uses that are inconsistent with existing regulations may continue, provided they meet all other
applicable regulations and do not pose immediate risks to the public health, safety and welfare.
41
There is at least one non-conforming use in the Critical Area. Both the Denmark Township Zoning
Ordinance and Denmark Township Mississippi River Corridor Ordinance will govern any non-
conforming uses in the Critical Area. The Mississippi River Corridor Ordinance contains provisions
that prohibit the continuance of a non-conforming use is such activity ceases for an extended period
of time or if a majority of the facility is damaged. Current requirements identify a period of six
months after which a non-conforming use will no longer be allowed to continue. The Ordinance
also stipulates that if more than half of the facility's market value is destroyed, then the use must also
cease to continue.
Native Vegetation
The Department of Natural Resources Biological Survey provides important information about
remaining native and undisturbed plant "communities" in the County. In the most downstream
portion of the Critical Area, there is a peninsula in the river, just to the south of Conley Lake. This
area is seasonally flooded by the Mississippi River and contains a relatively undisturbed Silver Maple
Floodplain Forest. The forest canopy is dominated by silver maples with occasional canopy trees
such as green ash, black ash, American elm, slippery elm and hackberry.
Upstream, associated with a ravine area, lies a relatively undisturbed area that includes Maple
Basswood Forest, Oak Forest, and communities of plants growing from moist, moss-covered rock
walls (typically ferns). Along the river lies Dry Bedrock-Bluff Prairie, where mostly bluestem, side-
oats grama, and satin grasses cover shallow soils over bedrock.
42
Preservation Plan
Several ordinances control the density and character of any development in the Critical Area. These
include Township's Zoning Ordinance and Chapters of the Washington County Development Code
that address zoning, subdivision standards, shoreland management, floodplain management, and
werland regulations. In addition, the Township will maintain a Mississippi River Corridor
Ordinance. New performance standards will be consistent with Executive Order 79-19 and will
incorporate most Tier II guidelines contained in the MNRRA Comprehensive Management Plan.
Among a variety of land disturbing activities that will require the input of the DNR, the Township
will also solicit the input of the DNR when a proposed land disturbing activity may impact a natural
community or sites of rare species.
Residential Density Standard
Denmark's portion of the Critical Area is within a "Rural Open Space District", as defined by the
Governor's Executive Order 79-19. The intent of this district is to preserve the open, scenic and
natural characteristics of the area, as well as the ecological and economic functions of the corridor.
The interim regulations contained in the Executive Order stipulate a maximum density of five acres,
but the DNR has deferred to the Council the authority to establish density standards for the
corridor. The Metropolitan Council uses its Regional Blueprint Policy Areas as a standard. The
density inconsistency between the Metropolitan Council's Regional Blueprint and the Council-
approved Washington County Comprehensive Plan was explained previously in the Comprehensive
Plan. Denmark Township will retain its Single-Family Estate density standard of one home per
three acres, which has been in effect for twenty years, which is more restrictive than the County's
density standard, and which the Township believes is not in conflict with the goal of preserving
open space, scenic resources, and ecological functions in the Critical Area.
Table 2
MNRRA/ Critical Area
Residential Development Potential and Net Density
Commercial
Developed Residential
Water/slopes/floodplain
Vaeanl agricultural
Vacant SinJ'./e-Famify Estate
TOTAL
20
152
524
105
449
1,250
residential
density
n/a
n/a
n/a
120
1:3
potential
new units
o
o
o
5
150
155
acres
Total undeveloped acreage 1,078
Divided by potential new units 155
Equals net density 6.95
Source: Dmmark TOlJlmhip
As noted in Table 2 and illustrated on Figure 1, a portion of the Critical Area is also designated
Long-Term Agriculture. The density permitted in this area is limited to one home per twenty acres.
There are also over 500 acres of undevelopable area within the corridor, consisting of floodplain,
steep slopes and the river itself. When the undevelopable area is included in the density analysis for
43
potential remaining development in the Single-Family Estate and Long-Term Agricultural districts,
the net maximum density for residential development is one home per seven acres.
Denmark Township proposes to evaluate and establish new residential development alternatives,
which may include flexible lot size standards and open space development performance standards.
The purpose of the alternative regulations will be to enhance and preserve natural features in the
river corridor while maintaining existing development rights. The Township may also create
incentives or development bonuses to encourage the use of preservation techniques.
Building Scale and Context: Dimensional Requirements
A particular concern about development in the Critical Area is related to the scale of buildings and
their relationship to the natural landscape. Tbe scale, height and mass of buildings are regulated
through the zoning ordinance, subdivision ordinance, and requirements of County Shoreland
Management Regulations. The low-density character of the area resolves many of the issues related
to "context" and "scale". In some cases, clustered development may be appropriate in order to
preserve special natural features. This is possible through the existing zoning and subdivision
ordinances.
Maintaining the quality and character of the Critical Area includes protecting sensitive shoreline and
bluff areas by regulating the proximity of structures to either the shoreline or bluffline and limiting
the visibility of structures from the river. Denmark Township will utilize its Mississippi River
Corridor Ordinance to govern specific dimensional requirements for the entire Critical Area. With
regard to the placement of structures, the ordinance specifies minimum structure and road setbacks
from the ordinary high water level and bluffline (200 feet and 100 feet, respectively) as well as a
maximum structure height (35 feet). These standards meet Tier II planning guidelines. Denmark
Township will also utilize the Washington County Shoreland Management Ordinance and Zoning
Ordinance to protect the shoreline and shoreland area. These requirements include minimum lot
width at the shoreline and setback line (currendy both 250 feet). The ordinance also mandates a
maximum impervious surface of 25%. Although the Shoreland District is smaller than the Critical
Area, the application of its standards will further protect an important portion of the Critical Area.
The disruption or change in the topography of the Critical Area is also addressed in the Critical Area
Ordinance. The Ordinance stipulates that no grading, filling, or excavating can be conducted in the
Critical Area without first obtaining a permit (except in cases where the grading, filling or excavating
is the minimum required for a building site and utilities.) All grading and filling activities requiring a
permit must comply with the site planning standards in Section 3 of the Denmark Township
Mississippi River Corridor Ordinance.
Bluff Preservation
Denmark Township recognizes that preservation of bluff areas is crucial to maintain a natural
appearance along the corridor. Critical Area Ordinance regulations require that structures must be
set back 100 feet from the bluff line, as suggested by Tier II planning guidelines. In addition, the
Critical Area Ordinance regulates the cutting of vegetation on the slope or face of bluffs and within
the area 40 feet landward from bluff-lines. These provisions are consistent with Tier II Critical Area
planning guidelines.
44
The preservation of Bluff areas will be further accomplished by enforcement of the Washington
County Shoreland and Zoning Ordinances, which also addresses grading of the land. The Shoreland
Ordinance prohibits grading or filling within 20' of the bluffline (Bluff Impact Zone) or within 100'
of the shoreline (Shore Impact Zone, or half the structure setback from the shoreline). Part 3 of
Chapter 2 of the Washington County Development Code addresses requirements for 'Land
Alteration and Grading'.
In order to prevent erosion and protect viewsheds, the Township embraces Tier II guidelines that
suggest that bluff slopes over 12% be left undisturbed. The Denmark Township Mississippi River
Corridor Ordinance will prohibit development on slopes over 18%. The ordinance permits
. development on slopes between 12% and 18% only if a variety of performance standards are met,
including those that address safety, the impact on views from the river, and the installation of
individual sewage treatment systems (which cannot be placed on slopes greater than 12%).
Performance standards in the County Zoning regulations (part 3 of Chapter 2 of the Washington
County Development Code) also stipulate a more thorough review of plans for development on
slopes that are 13% or more. The Township will also seek the review and input of the Department
of Natural Resources for development proposals on land that exceeds 12% slope.
Shoreline Preservation
The preservation of the shoreline area is an important aspect of the Critical Area Plan and an
important aspect in maintaining the quality and character of the corridor. In particular, the shoreline
area is a corridor for wildlife movement; and stable vegetation along the shoreline prevents erosion
and preserves river water quality. This portion of the Critical Area is also the most sensitive to the
visual impacts of development. The preservation of the Shoreline is accomplished with many. of the
requirements described above that address lot width, structure and road setbacks and amount of
impervious surface. Other requirements include the preservation of vegetation in the corridor.
Specifically, the Denmark Township Mississippi River Corridor Ordinance requires that any
structure be setback 200 feet from the ordinary high water mark. This meets both Tier I and Tier II
standards. As per Tier II guidelines, existing sign regulations would not allow a sign within 100' of
the shoreline; and commercial signage will not be placed within any residential disrtict. The County
Shoreland Regulations require that no trees over 6 inches in diameter be cut within the designated
200' setback area and that natural vegetation be maintained insofar as feasible. Additional measures
to preserve vegetation in the Critical Area are described below. Opportunities for trail connections
and public access to shoreline areas may be limited in Denmark, but the Township will consider any
land dedication opportunities that may arise through the residential subdivision process.
Vegetation Preservation
Vegetation is an essential part of the Mississippi River Critical Area. It preservation is important to
landowners, visitors to tbe area, and recreational users of the Mississippi River. The value of
vegetation can be measured in terms of economic benefit, the quality of habitat, hydrological
function or recreational appeal. The preservation of vegetation in the Critical Area involves ongoing
management as well as requirements at the time of the site development process.
Regulating the cutting of vegetative areas within the Critical Area is the most important strategy in
preserving a contiguous vegetative cover along the river. Regulations should be the strictest in bluff
areas, where development could have the most pronounced impact on erosion and views. The
Denmark Critical Area Ordinance regulates the cutting of vegetation on the slope or face of bluffs
45
and within the area 40 feet landward from bluff-lines. Cutting is allowed in other areas, provided
that the areas are kept to a minimum size, blended with the natural terrain, and done so as to
maintain the aesthetic value of the area and not result in risk of erosion. Tree cutting in the
Shoreland District requires a permit from the County. Landowners should, consistent with
applicable ordinances, retain the right to control aspects of vegetation management on their own
property.
Careful site planning is necessary to maintain the quality of the corridor as development occurs.
Among other site plan content requirements, applicants for development pennits should
demonstrate that all grading will be conducted in a manner that preserves existing trees. Both the
Critical Area Ordinance and the County Shoreland Ordinance address the use of natural vegetation
for the control of surface water drainage and limit the amount of impervious surface area. The
Shoreland Management Ordinance states that a maximum of 25% of the lot may be covered with
impervious surface. In order to retard surface water run-off and erosion, both the Shoreland
Management Ordinance and the Critical Area Ordinance require that existing vegetation be restored
after construction insofar as feasible.
Erosion and Sedimentation Control
Tier II guidelines are more specific than Tier I guidelines with regard to erosion control, but are
essentially implemented within existing County and Township ordinances. Stormwater management
standards are contained in Chapter 2, Part 3, Section 1.6 of the Washington County Development
Code (Zoning Ordinance), Section 10.3 of the Washington County Subdivision Ordinance, and
Section 738 of the Township Zoning Ordinance.
Commercial Navigation/Industry
Surface waters of the Mississippi River and St. Croix Rivers are primarily used for pleasure boating,
although a significant amount of barge traffic occurs on the Mississippi River. The Mississippi is
rather narrow as it passes through the Township, which would limit potential use for barge fleeting.
The close presence of King's Cove Marina would also result in a conflict between recreational and
commercial uses.
In addition, opportunities for river related industries are limited due to the absence of developable
land at the river. With exception of the railroad corridors at the river's edge, land near the river is
either within the Mississippi River floodplain or part of the river bluff. A commercial boating
marina is located within the City of Hastings, immediately south of Denmark in the backwaters of
the Mississippi River.
Parks, Trails and Preservation Areas
The opportunities for trail connections, new open spaces, and public access to the river may be
limited in Denmark due to existing development, site constraints, existing railroads, and acquisition
priorities of Washington County. However, the Township is committed to working with the
County, State agencies, and the National Park Service to further explore the feasibility and
desirability of public trails or access to bluff top areas in Denmark's Critical Area. The County Plan
references the MNRRA program and the possibilities for funding facilities under the MNRRA
Comprehensive Management Plan. The railroads along the river, if ever abandoned, could become
46
important trail connections in the Critical Area. The Township will consider this and other potential
trail connections in the corridor.
The Parks, Trails and Open Spaces section of the Comprehensive Plan describes in detail
opportunities for improvements to parks, trails and open space resources, including the possibility
of connecting the Washington Parkway with the Dakota County Regional Trail. The Township will
work cooperatively with Washington County and the Minnesota Department of Transportation in
identifying opportunities for scenic overlooks, dedicated open space or recreational resources.
Opportunities for passive recreational or trail uses in floodplain areas on the east shore of the
Mississippi River are more likely in the portion of the Critical Area that falls within Hastings. Areas
that could be pertnanendy preserved are identified on Error! Reference source not found. and
Figure 1. Features include areas of undevelopable steep slope and bluff top areas, natural
community and rare species sites, and wedands. These preservation areas could be part of either
public or privately owned preservation areas. "Steep slopes", as indicated on maps, generally
represent areas where slopes may preclude development. Detailed survey maps are necessary,
however, to precisely indicate areas where slopes exceed both 12% and 18%, as well as the true
extent of other natural features.
Transportation/Public Facilities
The principal transportation and public facilities in Denmark's Critical Area include U.S. Highways
10 and 61 and two active railroads along the riverfront. There are no other public facilities proposed
in the river corridor, including facilities that would involve river crossings. U.S. Highways 10 and 61
are under the jurisdiction of the Minnesota Department of Transportation (Mn/DOT). Mn/DOT
should recognize the goals of the Critical Areas Act, the MNRRA Comprehensive Management
Plan, and this document as it plans for and/ or improves these roadways.
The Township will refer to this Plan when reviewing any public facility work by other levels of
government. In planning and designing construction or reconstruction of all public transportation
facilities, the Township will consider the inclusion of scenic overlook, safe pedestrian crossings and
facilities along the corridor, and the reasonable use of land between the river and the transportation
facility. New or modified transportation facilities should complement the planned land and water
uses and not stimulate incompatible development.
Parking areas in the Critical Area may be the most relevant concern for Denmark Township. Tier II
guidelines specifically address parking facilities, all of which will be associated with residential uses
within 300 feet of the river. The Shoreland Management Ordinance states that all new parking areas
must be designed to take advantage of natural vegetation and topography to achieve maximum
screening from public waters and minimize and control erosion. These measures should be
consistent with field office technical guides of the local soil and water conservation district, or other
applicable technical material. Parking areas must also meet setback requirements, currendy 200'.
This does not apply to parking areas for watercraft access that meet vegetative screening and erosion
control requirements of the ordinances. Critical area guidelines require new public or private roads
to be set back 40 feet from the bluffline.
47
Implementation
Program
The implementation of the Comprehensive and Critical Area Plans does not end with adoption.
The Township's official controls, such as the zoning ordinance and subdivision regulations, will
ensure day to day monitoring and enforcement of the Plan. The regulatory provisions of these
ordinances, as revised, will provide a means of managing development in the Township in a manner
consistent with the Comprehensive Plan and Critical Area Plan.
Official Controls
As part of the planning process, the Township will evaluate irs land use controls and consider
amendments to existing ordinances which eliminate inconsistencies with the Comprehensive Plan,
enhance performance standards, protect public and private investments, conform to mandatory
State and Federal regulations and make it an understandable document. The principal official
controls used to implement the Comprehensive Plan include the following:
,/ Zoning Ordinance
,/ Mississippi River Corridor Ordinance
,/ Subdivision Ordinance (Chapter 3 oJWashington County Development Code)
,/ Shoreland Management Regulations (Chapter 6 oJWashington County Development Code)
,/ Floodplain Regulations (Chapter 9 oJWashington County Development Code)
,/ Lower St. Croix Bluffland and Shoreland Management Regulations (Chapter 5 oJWashington
County Development Code)
,/ Individual Sewage Treatment System Regulations (Chapter4 oJWashington County Development
Code)
,/ Mining Regulations (Chapter 7 oJWashington County Development Code)
The plan identifies a number of specific changes to the ordinances that need to be considered by the
Township. Some of these changes include:
,/ Implementation of a Mississippi River Critical Area Overlay Ordinance to ensure
implementation of Tier I and Tier elements of the Critical Area Plan, including DNR
notification requirements.
,/ Modification of residential district standards to provide flexibility in the layout of lots, as
described in the plan.
49
.,/ Update of the surface water management plan upon completion of the Lower St. Croix
Watershed Management Organizations' Second-Generation Watershed Management Plans.
.,/ Amendments to the Township's subdivision regulations to better protect natural resources
and amenities, and provide for appropriate land dedication and funding for improvement of
the Township's park system.
.,/ A review of the commercial district provisions to promote development, ensure appropriate
use and regulation, and prevent land use or environmental incompatibility.
Capital Improvements
The Township does not have a formal capital improvement program, as capital expenditures are
infrequent. The Township budgets for any capital improvements on an ongoing basis. The
Township will annually review capital expenditures that may arise over a five-year period as a result
of implementing the comprehensive plan. This may include public and private investments in
infrastructure, park expenditures, infrastructure repair and replacement, building maintenance and
repair, . and other planned capital expenditures. Like the Comprehensive Plan, the capital
improvements planning process is ongoing and subject to modification, as appropriate.
The preservation of natural resources in the Mississippi River Critical Area will likely occur through
processes that tlo not depend on capital expenditures by the Township alone. Preservationwill
result from the ongoing implementation of this and other plans. This includes ordinances that
protect natural resources, land dedications through open space development; and the acquisition of
trails, corridors, or'sensitive areas as a result of the planning and implementation of County and
State agencies.
. Plan Amendment Process
The Comprehensive and Critical Area Plans are intended to be general and flexible; however, formal
amendments to the Plan will be required when land us.e elements or growth policies are revised.
Periodically, the Township should undertake a formal review. of the plan to determine if
amendments are needed to address changing factors or events in the community. While a plan
amendment can be initiated at any time, the Township should carefully consider the implications of
the proposed changes before their adoption.
When considering amendments to this plan, the Township will use the following procedure:
.,/ Landowners, land developers, the Planning Commission or the Town Board may initiate
amendments.
.,/ Upon a request for an amendment the Town Board will review the amendment request and
direct the staff or the planning consultant to prepare a thorough analysis of the proposed
amendment.
.,/ Staff or a planning consultant will present to the Planning Commission a report analyzing
the proposed changes, including their findings and recommendations regarding the proposed
plan amendment. The Planning Commission will make a recommendation to the board as
to whether or not the Town Board should proceed with the plan amendment.
50
,/ The Town Board will decide whether or not to proceed with the proposed amendment. If a
decision is made to proceed, a formal public hearing will be held before the Planning
Commission on the proposed amendment.
,/ Following the public hearing the Planning Commission will make a recommendation to the
Town Board.
,/ The Town Board will receive the recommendation from the Planning Commission and
make a final decision on whether to adopt the amendment.
,/ All amendments to the plan must be submitted to the Metropolitan Council (and DNR for
Critical Area) for review prior to implementation.
51
Appendix A:
Community 5 urvry
and Results
52
r
.
FRIDLEY CITY CODE
SECTION 205-28. 0-2 CRITICAL AREA DISTRICT REGULATIONS
1. PURPOSE AND INTENT
It is the purpose and intent of this district to prevent or mitigate irreversible damage to the
Mississippi River Corridor and to preserve and enhance its values to the public. The Mississippi
River Corridor is a unique and essential element in the local, regional, state and national
transportation, sewer and water, and recreational systems, as well as serving important biological
and ecological functions, and shall be protected and preserved in accordance with the following
policies:
A. The Mississippi River Corridor shall be managed as a multi-purpose public resource that
provides for the development of a variety of urban uses within the river corridor while
conserving the scenic, environmental, recreational, mineral, economic, cultural, and
historic resources and functions of the river corridor.
B. The Mississippi River Corridor shall be managed in a manner consistent with its natural
characteristics and its existing development and in accordance with regional plans for the
development of the Metropolitan Area.
C. The Mississippi River Corridor shall be managed in accordance with the Critical Areas
Act of 1973, the Minnesota Environmental Policy Act of 1973, and the Governor's
critical area designation, Executive Order No. 130, dated November 23, 1976, and other
applicable state and federal laws.
2. DISTRICT BOUNDARIES
The boundaries of the 0-2 District shall be located on the official zoning map of the City of
Fridley, and shall encompass all property located between the center line of Anoka County
Trunk Highway 1 and the normal high water line of the east bank of the Mississippi River
running from the north boundary to the south boundary line of the City.
3. DEFINITIONS
For the purpose of this district the following definitions shall apply:
A. Bluff.
Those steep slopes lying between the normal high water mark and the River Corridor
boundary having an angle of ascent from the river of more than twelve percent (12%)
from the horizontal.
B. Bluffline.
A line delineating the top of the bluff connecting the points at which the angle of ascent
becomes less than twelve percent (12%). More than one (I) bluffline may be
encountered.
Fridley City Code Chapter 205 (Zoning)
C. Clear-cutting.
Section 205.28.3.K.
The indiscriminate cutting down of large numbers of trees in a given areas.
D. Critical Area.
The area known as the Mississippi River Corridor Critical Area designated by the
Governor in the Executive Order No. 130.
E. Development.
The making of any material change in the use or appearance of any structure or land
including reconstruction; alteration of the size of any structure; alteration of the land;
alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling
(except to obtain soil samples); mining or excavation; demolition of a structure; clearing
of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a
parcel ofland; the dividing ofland into two (2) or more parcels.
F. Essential Services.
Means underground or overhead gas, electrical, steam or water distribution systems
including poles, wires, mains, drains, sewer pipes, conduits, cables and other similar
equipment and accessories in conjunction therewith.
G. Public Safety Facilities.
Hydrants, fire alarm boxes, street lights, railway crossings signals and similar accessories
including buildings.
H. Retaining Wall.
A structure utilized to hold a slope in a position in which it would not naturally remain.
I. Terrace.
A relatively level area bordered on one (I)or more sides by retaining walls.
J. Utility Facility.
Physical facilities of electric, telephone, telegraph, cable, television, water, sewer, solid
waste, gas and similar service operations.
K. Wetlands.
Low lying areas which may be covered with shallow and sometimes intermittent water.
They are frequently associated with a high water table. Wetlands are generally too wet
for cultivation or development without artificial drainage. Swamps, bogs, marshes,
potholes, wet meadows and sloughs are wetlands.
"
Fridley City Code Chapter 205 (Zoning)
Section 205.28.7.B.(4)
4. USES PERMITTED
Any use permitted within the existing zoned district.
5. USES EXCLUDED
A. Any use that was excluded within the existing zoned district.
B. Any barge fleeting or barge loading.
C. Any waste storage use or treatment facilities.
D. Any mining or extraction uses other than soil preparation or peat removal.
6. SITE PLAN REQUIREMENTS
A. No building permit, zoning, or subdivision approval shall be issued for any action located
in this district until a site plan has been prepared and approved in accordance with the
provisions of this Section.
B. No site plans shall be required for a single family dwelling or for the extension,
enlargement, change, or alteration thereof, nor accessory structures thereto.
7. SITE PLAN CONTENTS
A. Site plans shall be prepared to a scale appropriate to the size of the project and suitable
for review.
B. The following information shall be provided in the site plan:
(1) Location of the property including such information as the name and numbers of
adjoining roads, railroads, existing subdivisions, or other landmarks.
(2) The name and address of the owner(s) or developer(s), the Section, township and
range, northpoint, date and scale of drawing and number of sheets.
(3) Existing topography as indicated on a contour map having a contour interval no
greater than two (2) feet per contour. The topography map shall also clearly
delineate the river and any bluffline, all streams, including intermittent streams and
swales, river, waterbodies and wetlands. The topography map shall indicate the
floodway and/or flood fringe lines and the normal highwater mark of the river.
(4) A plan delineating existing drainage of the water setting forth the direction, the
volume, and at what rate storm water is conveyed from the site, and setting forth
those areas of the site where storm water collects and is gradually percolated into the
ground or slowly released to a creek, river or lake.
Fridley City Code Chapter 205 (Zoning)
Section 205.28.7.B.(13)
(5) A proposed drainage plan of the developed site delineating the direction, the volume,
and at what rate storm water will be conveyed from the site and setting forth the areas
of the site where storm water will be allowed to collect and gradually percolate into
the ground, or be slowly released to a creek, river or lake. The plan shall also set forth
the hydraulic capacity of all structures to be constructed, existing structures to be
utilized, and volume of holding ponds for the design storm (i.e. six inch (6"),
twenty-four (24) hour rain).
(6) A description of the soils of the site including a map indicating soil types by areas to
be disturbed as well as a soil report prepared by a soil scientist containing information
on the suitability of the soils for the type of development proposed and for the type of
sewage disposal proposed and describing any remedial steps to be taken by the
developer to render the soils suitable. All areas proposed for grading shall be
identified by soil type, including the existing top soil and the soil type of the new
contour. The location and extent of any erosion areas shall be indicated. The stability
of rock outcroppings along blufflines and faces shall be included in the soils
description.
(7) A map indicating proposed finished grade having a contour at the same intervals as
provided on the existing topographic map or as required to clearly indicate the
relationship of proposed changes in existing topography and remaining features.
(8) An erosion and sedimentation control plan indicating the type, location, and
necessary technical information on control measures to be used during and after
construction including a statement expressing the calculated anticipated gross soil
loss expressed in tons per acre per year during and after construction.
(9) A delineation of the location and amounts of excavated soils to be stored on the site
during construction.
(10) A description of the flora and fauna, which occupy the site or are occasionally found
thereon, setting forth in detail those areas where unique plant or animal species may
be found on the site.
(II) A description of any features, buildings or areas which are of historic significance.
(12) A landscape plan drawn to an appropriate scale, including dimensions, distances,
location, type, size and description of all existing vegetation proposed for removal
and all proposed landscape materials which will be added to the site as part of the
development.
(13) The proposed size, alignment, height and intended use of any structure to be erected
or located on the site.
Fridley City Code Chapter 205 (Zoning)
Section 205.28.8.C.(4)
(14) A clear delineation of all land which shall be paved or hard surfaced including a
description of the surfacing material to be used.
(15) A description of the method to be provided for vehicular and pedestrian access to
the proposed development and public access to river and/or public river view
opportunities both before and after development. A description of the development's
impact on existing view of and along the river. A description of all parking facilities
to be provided as part of the development of the site including an analysis of parking
needs generated by the proposed development.
(16) A delineation of the area or areas to be dedicated for public use.
(17) Any other information pertinent to the particular project which in the opinion of
the City or applicant is necessary or helpful for the review ofthe project.
8. ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES
A. Lot Size.
Lot size shall be governed by the existing zoning district.
B. Building Height.
Building height shall be governed by the existing zoning district.
C. Setbacks.
Setbacks shall be governed by the existing zoning districts except as follows:
(1) All new structures and uses shall be placed not less than forty (40) feet from the top
of the bluftline overlooking the Mississippi River.
(2) All new structures and uses shall be placed not less than 100 feet from the Mississippi
River normal high water line as defined by the Federal Insurance Administration's
Flood Insurance Study.
(3) Exceptions to setback requirements shall include public safety facilities, public
bridges and approaches, public roadways, public recreation facilities, scenic
overlooks, regional and local trails; docks and boat launching facilities, approved
river crossings of essential services and distribution services and historical sites
designated by the National and State Register of Historic Places.
(4) The following agencies shall be notified of all variance requests to the above setback
requirements: The Minnesota Department of Natural Resources and Environmental
Quality Board.
Fridley City Code Chapter 205 (Zooiog)
Section 205.28.9.C.
D. Placement of Structures.
(I) Placement of structures in areas subject to flooding as designated in Section 205.24 of
this Chapter shall be governed by the regulations of that Section.
(2) No land with slopes, before alteration, in excess of eighteen percent (18%) will be
developed for use except for necessary erosion control structures which are in
conformance with all other guidelines and standards. All applicable local, state and
federal laws, rules and regulations and Metropolitan plan guidelines and standards
must be met for bridge construction and bridge approach roadways.
(3) Development on slopes in excess of twelve percent (12%), but less than eighteen
percent (18%), will be permitted provided that the applicant can meet the following
conditions:
(a) The foundation and underlying material shall be adequate for the slope condition
and soil type.
(b) The developer can demonstrate that development during and after construction
can be accomplished without increasing erosion and that there are proper controls
to reduce runoff to nondestructive levels.
(c) The proposed development presents no danger of falling rock, mud, uprooted
trees and other material to structures, recreational facilities, public lands and
public water down hill.
(4) Line of Sight. The development of new, or the expansion of existing structures, shall
be placed so that the development is consistent with the preservation of the view of
the river corridor from other properties on both sides of the river and by the public.
The walling off of views of the river corridor from other properties and public
right-of-ways shall be prohibited.
9. NATURAL RESOURCE MANAGEMENT
A. Grading and Filling. Grading and filling or otherwise changing the changing the
topography landward of the ordinary high water mark shall not be conducted without a
City permit, and in compliance with the provisions of Minnesota Regulation MR 79,
Section (h), of the Wild and Scenic Rivers Regulation, paragraphs (I), (2) and (3).
B. Retaining walls and erosion control structures waterward of the normal high water mark
are permitted structures 'if the applicable permits issued by the Army Corps of Engineers
and the Minnesota Department of Natural Resources have been obtained.
C. Retaining walls and erosion control structures on the landward side of the normal high
water mark that are visible from the water surface shall meet the following design
criteria:
Fridley City Code Chapter 205 (Zoning)
Section 205.28.10.A.
(I) Retaining walls or terrace contours shall not exceed five (5) feet in height.
(2) The minimum space in between retaining walls shall be twenty (20) feet.
D. Vegetative management.
(I) Clear-cutting of trees on the slope or face of bluffs and within forty (40) feet
landward from the bluffline or river bank area shall not be permitted.
(2) The selective cutting of trees greater than four inches (4") in diameter may be
authorized by the City, when cutting is appropriately spaced and staged to maintain a
continuous natural cover.
(3) The development of new or the expansion of eXlstmg structures shall be
accomplished so as to minimize the need for tree removal. If trees over four inches
(4 ") are cut, the density of tree cover shall be restored to that which existed before
cutting. The applicant shall demonstrate that all grading which takes place will be
conducted in a manner that preserves the root zone aeration and stability of existing
trees and provides an adequate watering area equal to at least one-half (1/2) of each
tree crown cover.
(4) Exceptions to the above include the removal of diseased or damaged trees.
E. Standards for surface water management and erosion control.
(I) Storm water run-off from any new development may be directed into public water
bodies and drainage systems provided that it is substantially free from silt, debris and
chemical pollutants, and only at rates equal to that on the property before
development.
(2) Any new development shall provide for erosion protection measures which make
maximum use of natural in-place vegetation. During construction and until such time
as final control measures are fully implemented and established, adequate
development practices will be maintained to insure that gross soil loss levels shall
not exceed five (5) tons per acre per year during construction or two (2) tons per acre
per year during construction when the site is adjacent to a water body or water
course; and one-half (112) ton per acre per year after the construction activities are
completed.
(3) Structures, trails and roadways shall be sited to minimize levels of pedestrian and
vehicular traffic in areas where soil compaction and loss of vegetation cover can
contribute to erosion problems.
10. TRANSMISSION SERVICES, PUBLIC TRANSPORTATION, AND RIVER CROSSING
A. Transmission and Essential Services.
Fridley City Code Chapter 205 (Zoning)
Section 205.28.11.B.(2)
(I) Primary consideration shall be given to underground placement of services in order to
minimize aesthetic, environmental and public safety aspects. When considering
overhead placement, the developer must show the reasoning that makes underground
placement unfeasible.
(2) All transmission service crossing of the Mississippi
pursuant to Minnesota Statute 84.415 or 105.42
Resources.
River require a permit
by the Department of Natural
(3) All transmission crossing of land within the district
Permit as required by this Chapter.
shall reqUIre a Special Use
B. Transportation Facilities.
Transportation crossings shall be permitted in accord with NR 79, Section 0), except
paragraph (ddd) under (i), route design of the Wild and Scenic River regulations.
(I) In planning and designing the construction or reconstruction of all public
transportation facilities which closely parallel the river or blufflines, careful
consideration should be given to the provision of scenic overlooks for motorists, safe
pedestrian access from areas on the landward side of these transportation facilities
and safe pedestrian facilities along the riverward of these facilities.
(2) The construction or reconstruction of all public transportation facilities shall be
located and designed in such a manner that will maintain the safe use and access to
the riverfront in public ownership, allow reasonable use of the land between the river
and the transportation facility and maintain the aesthetic quality of the river
environment.
11. PUBLIC ACCESS
A. Public pedestrian right-of-way including river access shall be provided for any new
development that is adjacent to or part of an overall plan of the city for pedestrian
movement within the district.
B. Public pedestrian access shall be provided to the riverfront of developments on publicly
owned and publicly controlled riverfront property. Access will not be provided where:
(I) Unavoidable hazards exist to the public.
(2) Public pedestrian access at a particular location cannot be designed or developed to
provide a pleasant view or recreational experience.
"
Fridley City Code Chapter 205 (Zoning)
Section 205.28.12.C.
12. RIGHT OF WAY MAINTENANCE
A. Natural vegetation of value to fish or wildlife, which does not pose a hazard or restrict
reasonable use of the property, shall be allowed to grow in the right-of-way.
B. Where vegetation has been removed, new vegetation consisting of native grasses, herbs,
shrubs and low growing trees, shall be planted and maintained on the right-of-way.
C. Chemical control of vegetation should be avoided when practicable, but where such
methods are necessary, chemicals used and the manner of their use must be in accordance
with rules and regulations of all state and federal agencies with authority over the use.
SECTION 1001.07 - MISSISSIPPI RIVER CORRIDOR
Subdivision 1. General Provisions.
(I) Findings.
a. The City of Dayton finds that the designated Mississippi River Corridor within the Metropolitan
Area and the City is a unique and valuable local, state, regional and national resource.
b. The river is an essential element in the transportation, sewer and water, and recreational systems
and serves important biological and ecological functions.
c. The prevention and mitigation of irreversible damage to this resource, and the protection,
preservation and enhancement of its outstanding scenic, recreational, natural, aesthetic, cultural,
historical and scientific values is important to the health safety and general welfare of the city.
(2) Purpose and Intent. It is the purpose and intent of this section of the Ordinance to prevent and mitigate
irreversible damage to this unique resource. The City desires to protect, preserve and enhance its
outstanding values to the public; to protect and preserve its biological and ecological functions; and to
protect and preserve the systems as an essential element in the city's transportation, sewer and water,
and recreational systems in accordance with the following policies:
a. The Mississippi River Corridor shall be managed as a multi-purpose public resource by
continuing use of the river channel for transportation, by conserving the scenic, environmental,
recreational, mineral, economic, cultural, and historic resources and functions of the river
corridor, and by providing for the continuation and the devel<?pment of a variety of urban uses
within the river corridor where appropriate.
b. The Mississippi River Corridor shall be managed in a manner consistent with its natural
characteristics and its existing development to preserve its open, scenic and natural
characteristics and ecological and economic functions.-
c. The Mississippi River Corridor shall be managed in accordance with the Critical Areas Act of
1973; the Minnesota Wild and Scenic Rivers Act; the Minnesota Environmental Policy Act of
1973; the standards and guidelines of Executive Order No. 79-19(as amended) dated February
26,1979; and pursuant to Minnesota Statutes, chapter 103F and I 16G and other applicable state
and federal laws.
d. Designation of suitable land use districts along the bluffland and shore land of the Mississippi
River.
(3) Establishment of Mississippi River Corridor Overlay District.
a. A Mississippi River Corridor overlay district with its attendant regulations is hereby
established. This district shall overlay the zoning districts established by this Ordinance,
adopted by the Dayton City Council, and as amended, so that any parcel of land lying in the
overlay district shall also lay in one or more of the underlying established zoning districts.
b. The territory within the overlay district shall be subject to the requirements established in this
Ordinance as well as more restrictive restrictions and requirements established by other
applicable ordinances and regulations.
c. Within the overlay district, all uses shall be permitted in accordance with the regulations for the
underlying zoning district(s), provided that these uses are in accordance with the additional
requirements established in this Section.
(4) District Boundaries. This overlay section shall apply to the Mississippi River Corridor district which is
specifically delineated on the official Zoning Map of Dayton, and in Executive Order 79-19. This map
shall be on file in the office of the City Clerk and shall be available for inspection and copying.
a. Priority Areas. The Mississippi River Corridor contains three planning areas based on
proximity and relationship to the river. The three priority areas are listed below. They
are generalized areas as the location and setbacks vary based on topography and underlying
zoning. Blufflines, as defined, may be found throughout each of the Priority Areas in the
Corridor and are subject to setbacks.
~
w
rr:
..
~
rr:
o
"'
0.
1
2
3
Mississippi
Riwr
40' Bluflline Setback
100' OHW Setback
Dayton
RiwrRd.
CrilicalArea
Boundary
1. Area One (Bluff and Flood Plain) - Priority area number one is the area below the 40'
bluffline setback and within the 100' Ordinary High Water Level (OHWL) setback (200'
OHWL and 100' bluffline setback in the AG & SA zoning districts). This priority area
shall be preserved to protect the natural, ecological, passive recreational and scenic
properties of the corridor. New development, other than passive recreational uses, will not
be allowed within Priority area one.
2. Area Two (Bluff top) - Area two is between the bluffline setback and Dayton River Road.
Within this area, development will be reviewed on a case by case basis in order to protect
the Corridor values, bluffs, floodplain and associated ravines and steep slopes and meet the
standards of this Section.
3. Area Three (South River Road) - Priority area three is between Dayton River Road and the
Corridor boundary. All development within area three shall also be reviewed on a case-by-
case basis. In general, there will be more consideration for flexibility and allowance for
density of development in area three than areas one and two because of the distance to the
river and the dividing line of the road, if in accordance with protection of Corridor values
and the standards of this Section.
(5) Definitions: The definitions in Section 1001.03 - Definitions, of the Dayton Zoning Code shall define
the terms used in this chapter of the ordinance.
Subdivision 2. Site Planning Requirements.
(1) Site Plan Required.
a. All use changes require site plan submission and approval.
b. No building permit, zoning approval or subdivision approval permit, conditional use permit,
variance, certificate, or other approval shall be issued for any action located in an area covered
by this Section until a site plan has been prepared and approved in accordance with the
provisions of this Section 1001.07, Subdivision 2 and other Section provisions.
c. All construction shall be done in accordance with the approved site plan.
(2) Exceptions.
2
a. The City of Dayton City Council or their designee may waive certain site plan contents
requirements of Section 1001.07 Subdivision 2 (3) b. 4) - 19) of this Ordinance for the
extension, enlargement, change, or alteration of either a detached single-family dwelling or its
accessory structures provided that the dwelling remains a detached single-family dwelling.
(3) Site Plan Application.
a. A written application for site plan approval shall be filed with the Zoning administrator
containing evidence adequate to show that the proposed use will conform to the standards set
forth in this Section.
b. Three (3) copies or drawings and required information shall be submitted to the Building
Inspector.
c. These shall be accompanied by a receipt from the Clerk indicating that all required site plan fees
or processing costs have been paid along with evidence that any required escrow account or
bond has been established.
(4) Site Plan Contents.
a Site Plans shall be prepared to a scale appropriate to the size of the project and suitable for the
review to be performed.
b. The following information shall be provided in the site plan:
1. Location of the property including such information as the name and numbers of adjoining
roads, railroads, existing subdivisions, or other landmarks.
2. The name and address of the owner(s) or developer(s), legal description, north point, date
and scale of drawing, and number of sheets. In addition, a blank space, three (3) inches
high and three (3) inches wide shall be reserved for use by the approving authority.
3. Existing topography as indicated on a contour map having a contour interval no greater
than two (2) feet per contour. The topography map shall also include a graphic scale and
clearly delineate all bluffiines, all streams, including intermittent streams and swales, rivers,
waterbodies, and wetlands located on the site. The topography map shall indicate the
floodway and/or flood fringe lines and shall indicate the ordinary high water level of the
river.
4. A plan delineating existing drainage of the water by indicating the direction, the volume,
and at what rate the storm water is conveyed from the site and indicating those areas of the
site where storm water collects and is gradually percolated into the ground or slowly
released to stream or lake.
5. A description of soils with a map indicating soil types in the areas to be disturbed. A soil
report prepared by a soil scientist containing information on the suitability of the soils for
the type of development proposed and describing any remedial steps to be taken by the
developer to render the soils suitable may be required by the City. All areas proposed for
grading shall be identified by soil type, both as to soil type of existing to soil and soil type
.' of_th~ new contou~. The 10c~tion.!?~,..:."!.:n._~(~!~Y. erosion are~ shall ~~,}!!~~~~I
i.~1Di;9froCkunJ~1UoljgblUffnnesand facessJijjjjile'm~~~lls desc!,\ption.f
6. A description of the plant and animal species which occupy the site or are occasionally
found there and a detailed indication of those areas where unique, threatened, or
endangered plant or animal species may be found on the site.
7. A description of any features, buildings or areas which are of historic significance.
8. A plan, with a graphic scale, indicating proposed finished grading shown at a contour
interval of no greater than two (2) feet or as required to clearly indicate the relationship of
proposed changes to existing topography and remaining features.
9. A landscape plan at the appropriate scale with dimensions, distances, and the location, type,
and description of existing vegetation. This shall clearly locate and describe vegetation
3
proposed for removal; the vegetation retained for buffering and landscaping; and proposed
landscape materials that will be added to the site as part of the development forrevegetation
and buffering.
10. A proposed storm water management plan of the developed site delineating the
minimization of runoff, the improvement of quality of runoff, the direction, volume, and
rate at which storm water will be conveyed from the site, and setting forth the areas of the
site where storm water will be allowed to collect and gradually percolate into the ground or
be slowly released to stream or lake.
II. An erosion and sedimentation control plan indicating the type, location and necessary
technical information on prevention and control measures to be taken both during and after
construction.
12. Detailed site plans (with graphic scale) and elevations at a scale approved by the City
showing the proposed placement on the property, size, aligrnnent, height, setbacks, other
proposal details, and intended use of the proposed development or any structure to be
erected or located on the site.
13. A clear delineation and size of all areas that shall be paved or surfaced including a
description of the surfacing material to be used.
14. A description of the method to provide vehicular and pedestrian access to the proposed
development and public access to the river and/or public river view opportunities both
before and after development; a description of the development's impact on existing views
of and along the river.
IS. A description of all parking facilities provided as part of the development of the site
including an analysis of parking needs generated by the proposed development.
16. A delineation of any potential area or areas to be dedicated for public use.
17. A delineation of the location and amounts of excavated soils to be stored on the site during
construction.
18. A description of activities undertaken to ensure consistency with Section 1001.07
Subdivision 1 (2) of this Ordinance and proposed measures which address adverse
environmental effects.
19. Other information pertinent to the particular project which, in the opinion of the City of
Dayton or is necessary or helpful for the review of the project.
(5) Site Plan and Development Approval Standards: Site plans and development shall comply with all
applicable state, federal and local regulations and the following standards for approval:
a. New development and expansion shall be permitted only after the approval of site plans which
adequately assess and minimize adverse effects and maximize beneficial effects.
b. Submitted site plans shall include only plan elements that are in accordance with the
performance standards set forth in the Mississippi River Corridor Plan and this Ordinance.
c. Site plans shall include standards to ensure that the development, structures, roads, screening,
landscaping, construction placement, maintenance, and storm water runoff are compatible with
purposes in Section 1001.07, Subd. 1 (2) and the provisions of Section 1001.07.
d. Except for construction or modification of individual, detached single-family structures, site
plans shall provide opportunities for open space establishment if feasible, and consider
opportunities for public viewing of the Corridor.
e. Site plans shall contain specific conditions with regard to buffering, landscaping, and
revegetation.
f. Preferred site plans will preserve existing vegetation, minimize vegetative cutting of existing
trees, and include new native species plantings within the Corridor.
g. Approval consideration will be given to site plans that preserve and revegetate the landscape,
especially bluff areas and large groupings of native plantings.
4
h. Preferred site plans will include the clustering of structures in order to preserve sensitive
resources and promote open space and open views of the Corridor.
i. Site plans shall avoid impacting existing cultural and natural resources.
Subdivision 3. General Development Requirements.
(I) The development shall minimize the removal of vegetation and alteration of the natural topography,
minimize runoff and improve the quality of runoff, and provide erosion control through best
management practices.
(2) The conduct of all development, grading, landscaping, structure placement, and street routing shall be
consistent with and, to the maximum extent, in furtherance of the goals and policies for the development
of the river corridor as set forth in the Mississippi River Corridor Plan.
(3) Preserve, and when appropriate, restore native vegetation.
(4) The development shall comply with all regulations relating to endangered, threatened, and rare species.
(5) Wildlife habitat in any development project shall be protected, and restored whenever possible.
(6) The development shall be consistent with preservation of views of and from the river, the reasonable
preservation of the view of the river corridor from other properties and by the public, buffering of the
development, and minimization of the walling off of views of the river corridor from other properties
and public rights of way.
(7) The proposed development shall not lessen existing public access to and along the river bank, nor shall
it lessen public opportunity to view the river from within the corridor.
(8) The proposed development, both vehicular and pedestrian, shall be adequate and consistent with local
transportation and thoroughfare planning.
Subdivision 4. Additional Dimensional Requirements.
(I) All structure(s) shall be in compliance with the following minimum setback distance requirements (in
feet:
Zoning
District
A-I
SA
All other districts
Ordinary High Water
Level
200
200
100
Blumines
100
100
40
(2) Maximum structure height shall be determined by the provisions of the City Zoning Code, except that
no height can exceed 35 feet.
(3) Impervious surface coverage oflots shall not exceed twenty-five (25%) percent of the lot area, except in
the RO, Historic Village Residential and VM, Village-Mixed Use Districts where impervious surface
shall not exceed thirty (30%) percent.
(4) Site plan approval is required prior to any use change, building permit, zoning approval, subdivision
approval or other approval or modification as detailed in subdivision 2 of this section.
5
Subdivision 5. Slope Protection and Soil Erosion Control.
(I) In no case shall slopes in excess eighteen percent (18%) be developed, except for pipelines and
transmission services.
(2) A bluff impact area within 40 feet of the bluff line will be maintained in a natural state.
(3) Development activities must comply with the following conditions:
a. It can be demonstrated that the development can be accomplished without increasing erosion or
the rate of runoff, and meets all applicable National Pollutant Discharge Elimination System
(NPDES) requirements.
b. Development activities are constructed and staged to prevent and minimize soil erosion: the
smallest practical area of land shall be developed at anyone time and that area shall be
subjected to erosion for the shortest practical period of time, not to exceed a single construction
season.
c. During construction, and until such time as final control measures are fully implemented and
established, appropriate best management development practices in accordance with MPCA's
"Protecting Water Quality in Urban Areas" as amended, or other professional soil conservation
technical manuals, shall be implemented and maintained to prevent erosion, trap sediment, and
ensure a minimum of soil loss. Permanent ground cover is to be established once construction
is completed.
d. Wetlands and other water bodies shall not be used as primary sediment traps during or after
construction.
e. Conditions on the site shall be stabilized within thirty (30) days following completion of the
work.
f. All applicants for permits are encouraged to use Best Management Practices for riverbank
erosion, first maximizing the use of native vegetation measures through vegetative cover,
restoration, or bioengineering. Riprap and use of structural means should be used as a last
resort and only if recommend by the DNR Area Hydrologist or City Engineer.
g. All erosion control methods shall be designed for suitable maintenance and access.
(4) Development on land having a slope of greater than twelve percent (12%) before alteration but not
greater than eighteen percent (18%) must be approved by the City and shall meet the following
conditions
a. Demonstration that the soil types and geology are suitable for slope development and there is
proper management through best management practices and site design to control erosion,
minimize runoff and improve the quality of runoff.
b. The development shall be screened by natural topography, retained existing vegetation or
additional planting of native vegetation.
c. The development shall minimize topographic and vegetative alterations, and replace all
removed vegetation with appropriate revegetation and landscaping of similar species.
d. The foundation and underlying material of any structure, including private roads, shall be
adequate for the slope condition and soil type. Adequate controls and protection exist uphill
from the proposed development such that there is no danger of structures or roads being struck
by falling rocks, mud, uprooted trees or other materials.
e. The proposed development presents no danger of falling rock, mud, uprooted trees or other
materials to structures downhill.
f. The view of the developed slope from the river and opposite riverbank shall be consistent with
the natural appearance of the undeveloped slope, consistent with any historic areas nearby, and
6
compatible with surrounding architectural features.
g. Any lift stations required to service the slope development with local sewer systems are to be
designed in accordance with local design standards and approved by the City Engineer. The
applicant shall furnish a satisfactory arrangement by which the cost of maintenance and
operation of the lift station are borne by those serviced by the facility.
(5) All septic systems shall be in conformance with MPCA Rule 7080.
(6) The applicant shall demonstrate that the types and densities of land use proposed shall be suited to the
site and soil conditions and shall not present a threat to the maintenance of the groundwater quality; a
potential increase in maintenance cost of utilities, parking area or roads; and shall not be subject to
problems due to soil limitations, including but not limited to soil bearing strength, shrink/swell potential
and excessive frost movement.
(7) No hazardous waste disposal shall be permitted.
Subdivision 7. Grading and Filling.
(J) Grading or filling is prohibited within the bluff impact area or shore impact zone or on slopes greater
than 18% except for utilities and river access with approved site plans.
(2) All grading or filling shall comply with this Section's requirements for Slope Protection and Soil
Erosion Control; Sewage Treatment and Pollution Prevention; Vegetation Management; and Surface
Water Runoff Management. A minimum amount of grading or filling may be allowed, when necessary
in compliance with the following requirements.
a. Any site alteration is the minimum area necessary for a structure or development undertaken
pursuant to an approved use.
b. The grading or filling shall minimize site alteration, minimize adverse effects and maximize
beneficial effects.
c. The applicant shall demonstrate that all grading which takes place will be conducted in a
manner that preserves the root zone aeration and stability of existing trees and provides an
adequate watering area equal to at least one-half (1/2) of each tree's crown cover.
d. Only fill free of chemical pollutants and organic wastes shall be used.
e. Wetlands shall not be used for solid waste disposal.
f. All disturbed areas shall be restored at the completion of the project.
g. All restoration of disturbed soils shall include the application of a minimum of four (4) inches
of a topsoil or similar material that will support plant growth.
h. Final grades shall be in conformity with the approval and topography of the surrounding land.
i. All restored areas of disturbed soils shall be seeded with a mixture appropriate to the ecology
and purpose of the site.
j. Any alterations below the ordinary high water level of public waters shall first be authorized by
the DNR under Minnesota Statutes, Section 103G.245.
k. Development, grading and filling shall comply with the provisions of the Minnesota Wetland
Conservation Act Laws of Minnesota 1991, Chapter 354, and as amended, and other applicable
laws.
Subdivision 8. Vegetation Management.
7
(I) Trees, shrubs, and existing native vegetation shall be preserved.
(2) No trees shall be removed nor clear cutting of vegetation permitted within the floodplain: within the
ordinary high water level setbacks; within ravines; on the slope or face of bluffs with 18% slopes or
greater;, on islands; and within bluffiine setbacks except for safety reasons or for a public use and only
under a permit issued from the City of Dayton.
(3) Removal, cutting, or topping of any tree over 6 inches diameter requires a permit from the City of
Dayton. Alteration of trees over 6" diameter shall not occur unless specifically approved by the City of
Dayton.
(4) Permits may be issued for:
a. the pruning for the health of the tree, but not to create views, or
b. for protection of utilities in protected areas, or
c. for the removal of invasive non-native vegetation in conjunction with a forest management plan
that includes erosion control and re-vegetation.
(5) The permit will be guided by the purposes and standards ofthis Section, the site plan approval
requirements, and the following provisions:
a. A minimum amount of vegetation is to be cut for legally permitted expansions or new
development.
b. Where trees are proposed to be cut, the applicant shall demonstrate that there are no feasible or
prudent alternatives to cutting trees on the site.
c. The essential character, quality and density of existing growths is preserved and as much
canopy cover as possible is maintained.
d. The buffering of structures and other facilities is not substantially reduced.
e. If trees are approved to be cut, the density of trees shall be restored with native vegetation to
that which existed before development, but in no case shall the applicant be required to raise the
density above ten trees per acre.
Subdivision 9. Surface Water Runoff Management.
(I) The proposed development shall minimize runoff on-site through site design and plans, on-site
infiltration, and in accordance with appropriate best management practices in accordance with MPCA's
"Protecting Water Quality in Urban Areas" as amended, or other professional soil conservation technical
manuals. The best management practices shall be maintained.
(2) After on-site minimization has been achieved, the proposed development shall not increase the runoff
rate from the site to adjoining property, public rights-of-way and watercourses.
(3) The quality of water runoff and water infiltrated to the water table or aquifer shall be undisturbed after
development, and quality of runoff improved.
(4) The development can meet all applicable National Pollutant Discharge Elimination System (NPDES)
requirements.
(5) Storm water runoff after on-site minimization may be directed to public water bodies provided that
storm water runoff is presettled, substantially free of silt, debris and chemical pollutants; only at rates
which will not disturb vegetation or increase turbidity, and in accordance with this Section.
8
Subdivision 10.
Utility and Transportation Facilities.
(I) Utility Facilities. Utility crossings of the critical area corridor shall meet the following standards:
a. River crossings shall be minimized and concentrated at existing crossings where possible.
b. New and modified utility facilities shall complement the planned land and water uses and shall
not stimulate incompatible development.
c. New constructed stormwater outfalls to public waters shall provide for filtering or settling of
suspended solids and skimming of surface debris before discharge.
d. Utility facilities shall be placed underground in order to minimize visual impact-unless
economic, technological and land character factors make underground placement infeasible.
Economic considerations alone shall not be made the major determination regarding feasibility.
e. If overhead placement is necessary, the crossing shall be hidden from view as much as
practicable.
f. Overhead crossing, if required, shall meet the following criteria:
I) The location of crossings shall be in or adjacent to existing transmission service
corridors whenever practicable, including bridge or overhead utility lines.
2) All structures utilized shall be as compatible as practicable with land use, scenic views,
and existing transmission structures in height, material, color and design.
3) Right of way clearance shall be kept to a minimum.
4) Native vegetative screening shall be utilized to the maximum extent consistent with
safety requirements.
5) Routing shall avoid unstable soil, bluffiines, or high ridges or woodlands, and the
creation of tunnel vistas, and the alterations of the natural environment including
grading and vegetative removal, shall be minimized.
6) The crossing shall be subject to the site planning requirements set forth in this section.
g. Utility substations shall be subject to the following standards:
]) All substations shall be subjected to the site planning requirements set forth in this
section.
2) New substations or refurbishment of existing substations shall be compatible in height,
scale, building materials, landscaping and signing with the surrounding natural
environment or land uses. Screening by natural means is encouraged and should be
compatible wit the surrounding environment.
h. Pipelines and underground facilities shall be subject to the following standards:
I) All pipelines and underground facilities shall be subject to the site planning
requirements set forth in this section.
2) The facilities shall be located to avoid slopes greater than 18%, wetlands, woodlands,
and areas of unstable soils.
3) All underground placement of utility facilities and pipelines shall be followed by
revegetation and rehabilitation minimally to the conditions which existed on site prior
to development.
(2) Transportation Facilities: The construction or reconstruction of all transportation facilities, railroads,
and parking in the Mississippi River Corridor shall be subject to the following standards and criteria:
a. Roads and railways shall be constructed to preserve and protect the natural resources and
minimize impacts on the natural terrain and natural landscape.
b. River crossings shall be minimized and concentrated at existing crossings where possible.
c. Cuts and fills are to be avoided where possible but in all cases shall be minimized as is practical
and in conformance with other requirements.
d. All roads and railways shall be subject to the site planning requirements set forth in this section.
9
e. New roads and railways shall not utilize the river corridor as a convenient right-of-way for new
arterials or main lines.
f. New and modified transportation facilities shall complement the planned land and water uses
and shall not stimulate incompatible development.
g. New roads and railways shall be restricted to those facilities needed to access existing planned
uses.
h. If standards are met, any new river crossings shall be designed to minimize visual and
environmental impacts and accommodate pedestrian and bicycle, as well as vehicle, movement.
1. All new roads and rail ways shall provide safe pedestrian crossing points to allow access to the
river front. Rest areas, scenic overlooks, and waysides shall be considered if in accordance with
the standards and criteria.
J. If possible, access to the riverfront should be in public ownership and allow reasonable public
use of the land between the river and the transportation facility.
k. New transportation elements shall be architecturally designed to maintain the character of the
corridor.
1. The grades of streets shall not exceed eight percent (8%).
m. Adequate parking facilities shall be provided to service the proposed development. The
construction of said parking facilities, private roads and driveways shall be consistent with the
character of the river corridor, screened from riverview by natural vegetation and shall comply
with all setbacks for structures.
n. The following shall be avoided where practicable:
(1) Slopes greater than] 8%.
(2) Scenic intrusion into stream, valley and open exposures of water.
(3) Scenic intrusion into areas such as ridge crests and high points.
(4) Wetlands.
(5) Forests by running along fringes of forests rather than through them. But if it is necessary to
route through forests, then utilize open areas in order to minimize destruction of commercial
forest;
(6) Soils whose high susceptibility to erosion would create sedimentation and pollution problems
during and after construction.
(7) Areas of unstable soils which would be subject to extensive slippage.
(8) Areas with highwater tables, especially if construction requires excavation.
(9) Open space recreation areas shall be avoided.
Subdivision 11. Riverfront Uses and Dedication
(I) Development shall be required to dedicate to the public reasonable portions ofland below the bluffline,
place a conservation easement over the floodplain and bluff area, or provide proposed parks or public
trail right-of-ways. In the event of practical difficulties or physical impossibility, the developer shall be
required to contribute an equivalent amount of cash to be used only for the acquisition of land for
riverfront property, trails, parks, preservation of open space, scenic overlooks, and protection of natural
resources, storm water drainage areas or other public services within the Corridor.
(2) Riverfront Uses.
a. Land use within the riverfront will be conservation related, with the exception of existing uses
within the Village area. Some limited commercial renovation may occur within the Village.
The location of storm water discharge points and utility crossings will be limited to the extent
possible along the riverfront.
b. New development will not be allowed to front directly on the river.
c. Industrial, mining, extractive and other similar uses will not be allowed within the riverfront.
10
d. Water access such as stairways will be evaluated on a case-by-case basis. In addition to
compliance with the standards and site plan approval requirements set forth in this Section,
stairways and lifts shall also be subject to the standards in Section 1001.08, Subd. 12 (I) a. - f.
Subdivision 12. Existing Uses.
(I) Existing Substandard Use Structures. Any proposal for an expansion, change of use, renewal of
existing permit, or building permit of an existing substandard use structure that is inconsistent with the
provisions of this section or the critical areas designation order in location or use shall not be eligible for
any permit granted by the City, unless a variance is obtained in accordance with Minnesota Statutes,
Chapter 462 and City Code.
(2) If hardship is proved, the following criteria shall be met:
a. The applicant shall provide and maintain adequate buffering of the structure from the water
through the use of natural vegetation.
b. Expansion of existing structures shall be in a direction away from the river and bluffiines, and
must comply with the inconsistent dimensional standards as much as possible.
C. The public's ability to view the river and river corridor from existing public streets shall not be
degraded by the proposed activity.
(3) Signs. Signs in the critical river area shall be in conformance with Section 1001.12 of this Chapter
unless otherwise specified below:
a. Advertising signs are prohibited.
b. Direction signs for the purposes of directing river traffic at or near boat launching areas are
permitted provided that such signs are required to maintain safe and orderly traffic flow. These
signs shall not be used as advertising space, shall be located at least twenty (20) feet landward
of the ordinary high water level, and shall conform to all other provisions in this Chapter
pertaining to directional signs.
c. Any other new signs require a permit pursuant to City Code and shall be set back from the
riverfront area so as not to be viewed from. the river.
Subdivision 13. Boat Launching Ramps and Docks
(I) Boat launching ramps may be located only where access streets are adequate to handle the traffic load
generated by the facility.
(2) Boat launching ramps shall be the minimum dimensions and site alteration necessary, and shall comply
with all site plan approval, grading and filling, soil erosion control, vegetative management and other
provisions of this Ordinance.
(3) Shared or joint use accessory parking will be preferred. Loading will be permitted only at ramps.
Parking areas must be visually screened by vegetation or topography from the river and adjoining
residential property and located at least (20) feet landward from the ordinary high water level.
(4) The impact of the accessory parking must not adversely affect the environmental quality of the site or
the surrounding neighborhood.
(5) Boat launching ramps and minor accessory buildings and haul-off facilities must be in character and
scale with the surrounding neighborhood.
11
(6) The dock minimizes encroachment waterward of ordinary high water level in length and width, and
minimizes interference with views of and from the river. .
(7) Docks shall not have an adverse effect upon the ecological and hydrologic characteristics of the water,
aquatic habitat, or wildlife habitat.
(8) Docks and boat launching ramps shall meet all regulations of state and federal law.
(9) Marinas shall be prohibited.
Subdivision 14. Management ofIslands
(I) Undeveloped islands shall be maintained in their natural state.
Subdivision 15. Land Suitability.
(I) Each lot created through subdivision, including planned unit developments shall be suitable in its
natural state for the proposed use with minimal alteration. No land shall be subdivided which is found
to be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe
limitations for development, severe erosion potential, unfavorable topography, inadequate water supply
or sewer disposal capabilities, important fish and wildlife habitat, presence of significant historic or
cultural sites, or any other feature likely to be harmful to the health, safety or welfare of the future
residents of the proposed subdivision or the community.
Subdivision 16. Planned Developments (Cluster Developments).
(I) Planned developments (PO's) or Rural Planned Developments (RPUD's) in a shoreland may be allowed
under a conditional use permit for new projects on undeveloped land, redevelopment of previously built
sites, or conversions of existing buildings and land.
(2) Planned Developments in the Corridor shall require a Planned Development (PO) or (RPUD) zoning of
the property, a conditional use permit and shall be processed in accordance with the provision of Section
1001.10 of the City Zoning Ordinance.
(3) Application for Planned Development in the Mississippi River Corridor
a. Planned Developments shall only be permitted when they meet the provISIons of Section
1001.10 of the City Zoning Ordinance for a Planned Development or Rural Planned Unit
Development District.
b. Planned Developments shall be processed in accordance with the provisions in the
Administrative Section of this Ordinance, Subdivision 9 and Planned Development provision of
the City Zoning Ordinance.
c. Planned Developments in the Corridor may be permitted following the completion and approval
of a site plan. The City shall find that the proposed development plan is in substantial
compliance with the applicable standards of this Section and the Mississippi River Corridor
Plan, and through clustering the proposal provides a better means of preserving open space,
wooded areas, bluffs, scenic and ecological values, and other natural resources,.
d. Smaller lot sizes and higher density may be allowed provided:
(I) All site plan review requirements and standards for Corridor lands in this Section must
be met or exceeded.
(2) At least 50 percent of the total project area within the Corridor shall be preserved as
12
open space. The first priority for the open space shall be the protection of bluffs,
wooded areas; scenic and natural resources, and significant cultural sites.
(3) Open space is permanently preserved and maintained through the use of deed
restrictions, covenants, scenic easements, public dedication, or other effective methods.
(4) Lots with dwelling units or sites, commercial uses, road rights-of-way, or land covered
by road surfaces, parking areas, or structures, are developed areas and shall not be
included in the computation of minimum open space.
(5) The proposed lots, structures, development, utilities, water access, and shore recreation
facilities shall be centralized on suitable areas of the property, and meet and exceed
Corridor standards except for lot size and density.
Subdivision 17. Mining.
(I) Mining operations are subject to provisions in this Section 1001.07 and Section 1001.08, Subd. 12 (15)
e.
(2) Mining operations shall not take place within 300 ft. of the river.
Subdivision 18. Agricultural Uses.
(I) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop
harvesting are permitted uses if bluffs, and shore and bluff impact areas are maintained in a permanent
native vegetative cover or managed under an approved conservation plan (Resource Management
Systems) consistent with the standards in this Section and the field office technical guides of the local
Soil and Water Conservation Districts of the United States Soil Conservation Service.
(2) Animal feedlots shall be prohibited
Subdivision 19. Performance Standards.
(I) Performance Standards are set forth in 1001.12 (I).
Subdivision 20. Notifications to the Department of Natural Resources
(I) Copies of all notices and submitted information of any public hearings, site plans, subdivisions/plats or
discretionary actions affecting lands within the Mississippi River Corridor shall be sent to the DNR or
the DNR's designated representative at least thirty days before the hearing or final action.
(2) A copy of approved subdivisions/plats, and the final decisions granting discretionary or hearing actions
under Mississippi River Corridor ordinance shall be sent to the DNR or the DNR's designated
representative and postmarked within ten days of final action.
(3) Proposed plan and ordinance amendments affecting lands within the Mississippi River Corridor,
including rezoning and density changes, shall be sent to the DNR or the DNR's designated
representative for review and approval by the DNR in accordance with procedures and review timetable
in state laws. Such amendments become effective only upon the approval by DNR and subsequent
enactment by the City.
Subdivision 21. Enforcement.
13
(J) The Zoning Administrator shall be responsible for the administration and enforcement of this Section.
Any violation of the provisions of this Section or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(2) Violations of this Section can occur regardless of whether or not a permit.
(3) Each day that a violation of the provisions of this Section exist, shall constitute a separate misdemeanor.
(Ord 2003-11 replaces all previous Mississippi River Corridor Ordinances or Critical River Ordinances)
14
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CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-2400
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY
DISTRICT BOUNDARIES
11-2401 Findings. The City of Coon Rapids finds that the
Mississippi River Corridor is a unique and valuable local, state,
regional, and national resource. The river is an essential element in
local, regional, state, and national transportation, sewer and water,
and recreational systems, and serves important biological and
ecoiogical functions, The prevention and mitigation of irreversible
damage to this resource and the preservation and enhancement of
its natural, aesthetic, cultural, and historic values is in furtherance
of the health, safety, and general welfare of the City,
11-2402 Intent. The intent of this Chapter is to protect the health,
safety, and public welfare through the adoption of controls that
will:
(1) Promote orderly development of residential and recreational
uses within the length of the Corridor located in the City.
(2) Conserve the natural and scenic beauty of the river Corridor,
(3) Conserve and develop the natural resources of the Corridor.
(4) Provide for the compatibility of different land uses and the
most appropriate use of land throughout the Critical Area,
11-2403 Establishment of Critical Area Overlay District. A Critical
Area Overlay District with its attendant regulations is hereby
established as a part of the zoning ordinance of the City. This
District shall overlay the zoning districts presently in existence, or
as amended, so that any parcel of land lying in the Overlay District
shall also lay in one or more of the underlying established zoning
districts. Territory within the Overlay District shall be subject to the
requirements established in this Ordinance as well as restrictions
and the requirements established by other applicable ordinances.
Within the Overlay District, all uses shall be permitted in
accordance with the regulations for the underlying zoning district
or districts; provided, however, that such uses shall not be entitled
to or be issued the appropriate development permit until they have
first satisfied the additional requirements established in this
Chapter.
11-2404 Land to Which Regulations Apply.
(1) This Chapter shall apply to public and private lands within
the Mississippi River Corridor Critical Area as set forth and
legally described in the Metropolitan Council's
"Recommendations for Critical Area Designation of the
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11-2400 Mississippi River Corridor
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Mississippi River Corridor" (February 1975).
(2) The following regulations shall govern, but wherever there is
a conflict between these regulations and other Title 11
Chapters, the more restrictive of the two shall apply.
LAND USE REGULATIONS
11-2405 Permitted Uses. The "Urban Developed District"
classification for the Coon Rapids Critical Area permits and
encourages residential and recreational development.
(1) Residential uses permitted by the underlying zoning district.
(2) Recreational uses including public parks, trails, and
easements.
11-2406 Accessory Uses.
(1) Accessory uses permitted and regulated by the underlying
zoning district;
(2) Docks and boat houses; and
(3) Retaining walls as permitted by the State Department of
Natural Resources and the Army Corps of Engineers.
11-2407 Conditional Uses. Permitted subject to regulations
contained in the underlying zoning district; Chapter 11-1800--
General District Standards; applicable county, state, and federal
regulatory controls and policies, criteria contained in Chapter 11-
2408--District Standards, 11-2409--Natural Resource
Management, and 11-2410--Guidelines for Review of Conditional
Use Permit Applications.
(1) Transportation facilities;
(2) Utility distribution systems including water, sewer, electric
(lines under 200 KV), and pipelines;
(3) Essential public services and public safety facilities; i.e.,
water towers, pumping stations, fire houses, and similar
structures.
(4) Signs, except temporary and recreational or transportation
related and regulated by 11-2100;
(5) Limited retail uses associated with recreational uses of the
river corridor; and
(6) Conditional uses permitted by underlying zoning district.
11-2408 District Standards.
(1) Lot Size. Lot size shall be governed by the underlying zoning
district.
(2) Structure Heights. Structure height shall be governed by the
underlying zoning district.
(3) Structure Setback. In addition to setbacks detailed in the
underlying zoning standards, the following shall apply:
(a) All new structures and facilities shall be placed no less
than 40 feet from the top of the bluff line overlooking the
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11-2400 Mississippi River Corridor
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Mississippi River;
(b) All new structures and facilities shall be placed no less
than 100 feet from the Mississippi River's normal high water
mark as defined by the United States Department of Housing
and Urban Development's Coon Rapids Flood Insurance Study
dated March 15, 1977. In areas subject to flooding (identified
in the study), the City floodplain ordinance Chapter 11-1900
shall apply; and
(c) Exceptions to setback requirements shall include public
safety facilities, public bridges and approaches, minor public
roadways serving water-related uses, public recreational
facilities, scenic overlooks, regional and local trails, docks and
boat launching facilities, approved river crossings of essential
services, and distribution systems and historical sites
designated in National and State Registers of Historical
Places.
(4) Placement of Structures. No land with slopes, before
alteration, in excess of 20 percent will be developed for use by
any structure except for the construction of erosion control
structures. Development on land with a slope, before alteration,
in excess of 12 percent but less than 20 percent will be
permitted, providing the applicant can ensure the project meets
the following conditions:
(a) The foundation and underlying material of any structure,
including roads, shall be adequate for the slope condition and
soil type.
(b) The developer can demonstrate that development during
and after construction can be accomplished without increasing
erosion and there is a proper utilization of controls to reduce
runoff to nondestructive levels.
(c) The proposed development presents no danger of falling
rock, mud, uprooted trees, and other material to structures,
recreational facilities, public lands, and public waters downhill.
(5) Line of Sight. Development of new expansion of existing
structures shall be placed so that the development is consistent
with the reasonable preservation of the view of the River
Corridor from other properties on both sides of the river and by
the public. The walling off of view of the River Corridor from
other properties and public right-of-ways shall be minimized.
11-2409 Natural Resource Management.
(1) Grading and Filling. Grading and filling or otherwise
changing the topography landward of the ordinary high water
mark shall not be conducted without a permit. A permit may
only be issued if the provisions of Chapter 11-2000, Mining and
Land Reclamation, are complied with.
(2) Retaining Walls and Erosion Control Structures. Retaining
walls and erosion control structures waterward of the normal
high water mark are permitted structures if the applicable
permits issued by the Army Corps of Engineers and the
Minnesota Department of Natural Resources have been
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obtained.
(3) Vegetation Management.
(a) Clear cutting of trees on the slope or face of bluffs, within
40 feet of creeks and river banks, and within 40 feet landward
of bluff lines shall not be permitted.
(b) The selective cutting of trees greater than four (4) inches
in diameter may be authorized by the Zoning Administrator
when cutting in appropriately spaced and staged to maintain
a continuous natural cover.
(c) Existing and planned vegetation shall be considered in
structure siting and design. The development of new and
reconstruction of existing structures shall be accomplished so
as to minimize the need for tree removal.
(d) The applicant shall demonstrate that all grading which
takes place will be conducted so as to preserve root zone
aeration and stability of trees and provide an adequate
watering area equal to at least one-half (1/2) of each tree's
crown cover.
(e) Exceptions to the above include the removal of diseased
or damaged trees and vegetation removal required for the
development of permitted uses.
(4) Standards for Surface Water Management and Erosion
Control. .
(a) Storm water runoff may be directed into public water
bodies and drainage systems, provided that it is substantially
free from silt, debris, and chemical pollutants, and only at
rates that will not disturb vegetation or increase turbidity;
(b) Recontouring of areas within 300 feet landward of the
bluff line will only be permitted if the developer can show that
care will be taken to slow the rate of storm water runoff to
levels that will not cause or exacerbate erosion problems; or
(c) Structures, trails, and roads shall be sited to minimize
levels of pedestrian and vehicular traffic in areas where soil
compaction and loss of vegetative cover can contribute to
erosion problems.
11-2410 Guidelines for Review of Conditional use Permit
Applications. The Planning Commission may grant a conditional use
permit if the developer can show he has addressed the following
concerns:
(1) New Construction Guidelines.
(a) Primary consideration will be given to facilities within or
adjacent to existing right-of-ways and locations.
(b) Structures shall be as compatible as practical with the
natural area with regard to height and width, materials used,
and color.
(c) Facilities shall be located so as to avoid steep slopes.
(2) Scenic intrusions into streams, valleys, and open exposures
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11-2400 Mississippi River Corridor
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of water.
(3) Creating tunnel vistas by, for example, building deflections
into utility and transportation routes.
(4) Soils susceptible to erosion which would create
sedimentation and pollution problems.
(5) Areas of unstable soils which would be subject to extensive
slippage.
(6) Areas with high water tables, especially if construction
requires excavation.
(7) Open space recreation areas, unless no other option,
excluding the destruction of residences, is possible.
(8) Transmission Services.
(a) Primary consideration shall be given to underground
placement in order to minimize aesthetic, environmental, and
public safety impacts. When considering overhead placement,
the proposer shall explain the economic, technological, or
land characteristic factors that make underground placement
feasible.
(b) If overhead placement is necessary, the crossing shall be
hidden from view as much as practical.
(c) As noted above, consideration shall be given to placing
services on existing right-of-ways. Joint ownership of
easements to facilitate this goal is encouraged. Consideration
should also be given to locating new river crossings on the
North Crosstown Bridge.
(9) Transportation Facilities.
(a) Careful consideration should be given to the provision of
scenic overlooks for motorists and safe pedestrian and/or
bicycle pathways on new or rebuilt transportation facilities.
(b) Where possible provide access to the riverfront in public
ownership and allow reasonable public use of the land
between the river and transportation facility. River crossings
should be designed to permit the codevelopment of trail
corridors both on and under the crossing.
(10) Right-of-way Maintenance.
(a) If possible, natural vegetation of value to fish or wildlife
which does not pose a hazard to or restrict reasonable use of
the utility, shall be allowed to grow in the right-of-way.
(b) Where vegetation has been removed, new vegetation
consisting of native grasses, herbs, shrubs, and low growing
trees, shall be planted and maintained on the right-of-way.
(c) Chemical control of vegetation should be avoided when
practical, but where such methods are necessary, chemicals
used, and the manner of their use must be in accordance with
rules, regulations, and other requirements of all State and
Federal agencies with authority over the use.
11-2411 Definitions. For purposes of this Chapter, the following
definitions of terms shall apply:
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11-2400 Mississippi River Corridor
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(1) Bluff. Those steep slopes lying between the normal high
water mark and the River Corridor boundary having a angle of
ascent, proceeding landward from the river, of more than 12
percent from the horizontal.
(2) Bluff Line. A line delineating the top of a slope connecting
the points at which the slope becomes less than 12 percent.
More than one (1) bluff line may be encountered proceeding
landward from the river.
(3) Clear Cutting. The indiscriminate cutting down of large
numbers of trees in a given area.
(4) Critical Area. The area known as the Mississippi River
Corridor Critical Area designated by the Governor in the
Executive Order No. 130 dated November 1976.
(5) Development. The making of any material change in the use
or appearance of any structure or land including, but not limited
to, a reconstruction, alteration of the size, the land, alteration of
a shore or bank of the river, stream, lake, or pond; a
commencement of drilling (except to obtain soil samples),
mining or excavation; demolition of a structure, clearing of land
as an adjunct to construction; deposit of refuse, solid or liquid
waste, or fill on a parcel of land; and the dividing of land into
three (3) or more parcels.
(6) Essential Services. Means underground or overhead gas,
electrical, steam, or water distribution systems, including poles,
wires, mains, drains, sewer pipes, conduits, cables, and other
similar equipment and accessories in conjunction therewith.
(7) Public Safety Facilities. Hydrants, fire alarm boxes,
streetlights, railway crossings signals, and similar accessories
including buildings.
(8) Retaining Wall. A structure utilized to hold a siope in a
position in which it would not naturally remain in.
(9) Terrace. A relatively level area bordered on one (1) or more
sides by retaining walls.
(10) Utility Facility. Physical facilities of electric, telephone,
telegraph, cable, television, water, sewer, solid waste, gas, and
similar service operations.
(11) Wetlands. Low-lying areas which may be covered with
shallow and sometimes intermittent water. They are frequently
associated with a high water table. Wetlands are generally too
wet for cultivation or development without artificial drainage.
Swamps, bogs, marshes, potholes, wet meadows, and sloughs
are wetlands.
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