HomeMy WebLinkAbout1983-012 Council Ordinances•
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CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 12-83
AN ORDINANCE FOR..THE.MANAGEMENT OF SHORELAND AREAS OF THE CITY
OF LINO LAKES.
The City Council of the City of Lino Lakes ordains:
Section 1. General Provisions
A) Statutory Authorization: This ordinance is adopted pursuant
to the authorization contained in the laws of Minnesota 1973,
Chapter 379, and in furtherance of the policies declared in
Minnesota Statutes 1976, Chapters 105, 115, 116 and 462.
B) Policy: The uncontrolled use of shorelands of the City of
Lino Lakes affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but
also by impairing the local tax base. Therefore, it is in the
best interests of the public health, safety and welfare to
provide for the wise development of shorelands of public waters.
The Legislature of Minnesota has delagated responsibility to
the municipalities of the state to regulate the subdivision,
use and development of the shorelands of public waters, preserve
the economic and natural environmental values of shorelands,
and provide for the wise utilization of waters and related
land resources. This responsibility is hereby recognized by
the City of Lino Lakes.
C) Definitions: For the purpose of this ordinance, certain terms
or words used herein shall be interpreted as follows: The word
"shall" is mandatory, not permissive. All distances unless other-
wise specified shall be measured horizontally.
"Boathouse" means a structure used -solely- for the storage of boats
or boating equipment.
"Building Line" means that line measured across the width of the
lot at the point where the principal structure is placed in
accordance with setback provisions.
"Clear-cutting"means the removal of an entire stand of trees.
"Conditional Use" means a use of shorelands which is permitted
within a zoning district only when allowed by the city after a
public hearing, if certain conditions are met which eliminate or
minimize the incompatibility of the conditional use with other
permitted uses of the district.
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"Governing Body" means the City Council by whatever name Jcnown.
"Hardship" means the property in question cannot be put to
reasonable use under the conditions allowed by the official
controls; the plight of the landowner is due to circumstances
unique to his property, not created by the landowner; and the
variance, if granted, will not alter the essential character of
the locality. Economic considerations alone shall not constitute
a hardship if a reasonable use for the property exists under
terms of the official controls.
"Lot" means a parcel of land designated by metes and bounds
description, registered land survey, auditors plot, and other
accepted menas and separated from other parcels or portions by
said description for the purpose of sale, lease, or separation
thereof. For the purposes of these regulations, a lot shall be
considered to be an individual building site which shall be
occupied by no more than one principal structure equipped
with sanitary facilities.
"Nonconforming Use" means any use of land established before the
effective date of this 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.
"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.
"Planned Unit Development" means a type of development which may
incorporate:a variety of land uses planned and developed as a
unit. The Planned Unit Development is distinguished from the
traditional subdivision process of development in that zoning
standards such as density, height limits, and minimum lot sizes
may be altered by negotiation and agreement between the developer,
the municipality and the Commissioner of Natural Resources.
"Cluster Development" is considered to be a type of Planned Unit
Develpment and is subject to the same review criteria.
"Planning Agency" means the planning commission of planning
department as created by the governing body.
"Protected Waters*" means any waters of the State as defined in
Minnesota Statutes 1980, Section 105.37, Subdivision 14. However,
no lake, pond of flowage of less than ten acres in size and no
river or stream having a total drainage area less than two square
miles shall be regulated for the purposes of these regulations.
"Setback" means the minimum horizontal distance between a structure
or sanitary facility and the ordinary high water mark or between
a structure or sanitary facility and a road, highway, or property lines
"Public Waters" has been changed to "Protected Water". All
regulations and requirements remain the same, only the name
has been changed.
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from protected waters:. (i) 1,000 feet from the ordinary high
water mark of a lake, pond, or flowage; and (ii) '300 feet l'rbrn
a river or stream, or the landward extent of a flood plain'on
-such rivers or streams, whichever is greater. The practical
limits of shorelands may be less -than the statutory limits
where such limits are designated by natural drainage divides
at,_ �;esser .distances, ..as_shown on the official zoning map
of the City.
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"Structure" means any building (including mobile homes) or
appurtenance thereto, except aerial or underground utility
lines such as sewer, electric, telephone, telegraph or gas
lines, including towers, poles, and other supporting appurtenances.
"Subdivision" means improved. or unimproved land or lands which
are divided for the purpose of ready sale or lease, or divided
successively within a five year period for the purpose of
sale or lease, into three or more lots or parcels of less
than} five acres each, contiguous in area and which are under
common ownership or control.
"Substandard Use" means any use of shorelands existing prior
to the date of enactment of this ordinance which is permitted
within the applicable zoning district but does not meet the
minimum lot area and length or water frontage, structure
setbacks, or other dimensional standards of the ordinance.
"Variance" means any modification or variation of official
controls where it is determined that, because of hardships,
strict enforcement of the official, controls is impractical.
Section 2. Designatiox of Types of Land Use
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A) Sioreland ManagementClassification: In order to guide the
wise development and utilization of shorelands of protected
waters for the preservation of water quality, natural
characteristics, economic values and the general health,
safety and welfare, certain protected waters in the City
have been given a shoreland management classification.
These protected waters of the City have been classified by the
Commissioner of Natural Resources as follows:
Natural Environment Lakes
1. Rice Lake
2. Marshan
3. Peltier
4. Wilkinson
5. Amelia
6. George Watch
7. Wards
8. Sherman
9. Cedar
10. Rondeau
DNR I.D. #
#2-8
#2-7
#2-4
#62-43
#2-14
#2-5
#2-10
#2-11
#2-12
#2-15
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Recreational Development Lakes DNR I.D. #
1. Reshanau Lake #2-9
2. Otter Lake #2-3
Centerville #2-6
4; Baldwin #2-13
General Development Lakes
1. Bald Eagle
DNR I.D. #
#62-2
B) Shoreland Overlay District: The shorelands of the City of
Lino Lakes, are hereby designated as a Shoreland Overlay
District. The purpose of the Shoreland Overlay District
is to provide for the wise utilization of shoreland areas
in order to preserve the quality and natural character of
these protected waters of the City.
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1. Permitted Uses.
Allpermitted uses allowed and regulated by the applicable
zoning district underlying this shoreland overlay district
as indicated on the official zoning map of the City.
2. Conditional Uses.
a) All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district
underlying this shoreland overlay district as indicated
on the official zoning map of the City and as required
by Section IV of this Ordinance.
b) Boathouses
3. Substandard Uses.
Any uses of shorelands in existence prior to the date of
enactment of this ordinance which are permitted within the
applicable zoning district, but do not meet the minimum lot
area, setbacks or other dimensional requirements of this
ordinance are substandard uses. Substandard uses, including
substandard sanitary facilities, shall be allowed to continue.
However, any structural alteration or addition to a substandard
use which will increase the substandard dimensions shall not
be allowed.
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Recreational Development Lakes DNR I.D. #
1. Reshanau Lake #2-9 '
2. Otter Lake #2-3
•3.. Centerville #2-6
4.- Baldwin #2-13
General Development Lakes . DNR I.D. #
1. °Bald Eagle #62-2
B) Shoreland Overlay District: The shorelands of the City of
Lino Lakes, are hereby designated as a Shoreland Overlay
District. The purpose of the Shoreland Overlay District
is to provide for the wise utilization of shoreland areas
in order to preserve the quality and natural character of
these protected waters of the City.
1... .Permitted Uses.
All permitted uses allowed and regulated by the applicable
zoning district underlying this shoreland overlay district
as indicated on the official zoning map of the City.
2. Conditional Uses.
a) All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district
underlying this shoreland overlay district as indicated
on the official zoning map of the City and as required
by Section IV of this Ordinance.
b) Boathouses
3 Substandard Uses.
Any uses of shorelands in existence prior to the date of
enactment of this ordinance which are permitted within the
applicable zoning district, but do not meet the minimum lot
area, setbacks or other dimensional requirements of this
ordinance are substandard uses. Substandard uses, including
substandard sanitary facilities, shall be allowed to continue.
However, any structural alteration or addition to a substandard
use which will increase the substandard dimensions shall not
be allowed.
4. Prohibited- Uses
Any uses which are not Permitted or Conditional
Uses as regulated by the applicable zoning dis-
- trict underlying this shoreland overlay district
a -s- indicated on the official zoning may of the City.
Section ^;3` Zoning Provisions
A) the. following standards -shall apply, to all shorelands of the
protected waters listed in Section II of this Ordinance within
,the City. Where the requirements of the underlying zoning
district as shown on the official zoning may are more
restrictive than those set forth herein, then the more
restrictive standards shall apply:
,1) Single Family Detached
NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOPMENT
WATERS WATERS WATERS
A) Unsewered Areas:
Lot area (sq.ft.) 80,000
Water frontage and
lot width at 200
building line (ft)
Structure setback
from Ordinary High ;00
Water Mark (ft)
Maximum lot area
covered by imperv-
ious surfact (%)
Sewage System
setback from
Ordinary High
Water Mark (ft)
40,000 20,000
150 100
100 75
30 30
75 50
B) Sewered Areas: All provisions for unsewered areas shall apply
to sewered areas except for the following, which
shall supersede the provisions applied to unsewered
areas:
Lot area (sq.ft.)
• waterfrdnlots 24000
• other lots 11,250
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20,O0o
11,250
11,250
11,250
Water frontage and
• lot width at build- 75 75 75
ing line (ft)
Structure setback
from Ordinary -- 1c0 75 50
. High Water Mark -
(ft)
2) Multi Family Attached and Commercial and PUD
' NATURAL RECREATIONAL GENERAL
ENVIRONMENT DEVELOPMENT DEVELOPMENT
WATERS WATERS WATERS
A) Sewered Areas:
Lot Area (sq.ft.) Per City Code Per City Code Per City Code
Water frontage
and lot width at Per City
building line (ft) Code
Structure Setback
Per City Code Per City Code
from Ordinary High 100 100 75
Water Mark (ft)
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B) Substandard Lots:
1. Lots or record in the office of the County Register of Deeds (or
Registrar of Titles) pricr to September 12, 1983 (date of
enactment of ordinance) which do not meet the requirements of
Section III, (A) Ilybe allowed as building sites provided:
(a) -Such •use is permitted in the zoning district.
(b) The lot is in separate ownership from abutting lands, and
(c) All other sanitary and dimensional requirements of,this
shoreland ordinance are complied with insofar as practical.
C) Roads and Parking Areas:
Roads and parking areas shall be located to retard the runoff of
surface waters and nutrients in accordance with the following
criteria.
1. Where feasible and practical, all roads and parking areas shall
meet the setback requirements established for structures in
Section III (A) of this Ordinance.
2. In no instance shall these impervious surfaces be placed less
than 50 feet from the ordinary high water mark.
3. Natural vegetation or other natural materials shall De used to
screen parking areas when viewed from the water.
0) Elevation of Lowest Floor:
1. Structures shall be placed at an elevation consistent with the
City's flood plain management controls.
E) Exceptions to Structure Setback Requirements
1. Setback requirements from the ordinary high water mark shall
not apply to boathouses, piers, and docks. Location.of
piers and docks shall be controlled by applicable state
.and local regulations. Boathouses may be allowed as a
Conditional use provided they are not used for habitation
—hind do not Contain-bahitary facilities.
2. --On undeveloped shoreland lots that have two (2) adjacent
lots with existing principal structures on both such
adjacent lots, any new residentail structure may be set
back the average setback of the adjacent structures
from the ordinary high water mark or fifty (50) feet,
whichever is greater, provided all other provisions of
the shoreland overlay district are complied with.
F) Where the requirements of this shoreland overlay district
are inconsistent with the requirements of the underlying
zoning district the most restrictive requirements shall apply.
Section 4, Shoreland Alterations
A) The removal of natural vegetation shall be restricted to prevent
erosion into protected waters, to consume nutrients in the soil,
and to preserve shoreland aesthetics. Removal of natural
vegetation in the shoreland overlay district shall be subject
to the following provisions.
1. Selective removal of natural vegetation is allowed,
provided that sufficient vegetative cover remains to
screen cars, dwellings and other structures when viewed
from the water.
2. Clear cutting of natural vegetation is prohibited.
3. Natural vegetation shall be restored insofar as feasible
after any construction project is completed to retard
surface runoff and soil erosion.
4. The provisions of this section shall not apply to permitted
uses which normally require the removal of natural vegetation.
B) Grading and filling in shoreland areas or any alteration of
the natural topography where the slope of the land is toward
a protected water or a watercourse leading to a protected
water must be authorized by a permit. The permit may be
granted subject to the conditions that:
1. The smallest amount of bare ground is exposed for as
short a time as/feasible.
2. Temporary ground cover, such as mulch, is used and
permanent ground cover, such as sod, is established.
3. Methods to prevent erosion and trap sediment are employed.
4. Fill is stabilized to accepted engineering standards.
C) Excavations on shorelands where the intendedpurpose is
. connection to a protected water shall require a permit from
- the Zoning Administrator before construction is begun. Such
permit may be obtained only after the Commissioner of Natural
Resources has issued a _permit to work in the beds of protected
wader's. ..
Any work which will change or diminish the course, current
or cross-section of a protected water or wetland shall be
approved by the Commissioner of Natural Resources, and such
approval shall be construed to mean the issuance by the
Commissioner of Natural Resources of a permit under the
procedures of Minnesota Statutes, Section 105.42 and other
related statutes.
All developments in shoreland areas shall comply with the
requirements of the Rice Creek Watershed District for grading
and filling and stormwater management.
Section 5. Sewage Treatment
Any premises intended for human occupancy shall be provided with
an adequate method of sewage treatment to be maintained in
accordance with acceptable practices and standards referenced
in Lino Lakes City Code Section 403.
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All existing sewage treatment systems inconsistent with the
standards referenced in Lino Lakes City Code Section 403
shall be brought into conformance or discontinued within
five (5) years from the date of enactment of this ordinance.
Any nonconforming sanitary facility found to be a public
nuisance shall be brought into conformity or discontinued
within 30 days after receiving written notice from the
Zoning Administrator..
Section 6. Water Supply
Public or private supplies of water for domestic purposes shall
conform to Minnesota Department of Health standards for water
quality.
A) Public or municipal water supplies shall be used where
available and where feasible.
B) Permit. No person, firm, or corporation shall install, alter,
repair or extend any private well without first obtaining a
permit therefor from the Zoning Administrator for the City.
1. Application for permits shall be made in writing upon
printed blanks or forms furnished by the Zoning Administrator
and shall be signed by the applicant.
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2. Each application for a permit shall includes a correct,
legal description of the property on which the proposed',
installation alteration, repair or extension is to take
place; a plan of the site of reasonable scale and accuracy
showing the location of any proposed or existing buildings,
sewage treatment facilities, property lines; a complete
plan of the water supply system showing the location,
__size anddesign of all. parts of the system to be installed,
_-altered,.. repaired, or extended; the name of the person,
firni, or corporation. who is to install the system; any,
further information as required by the Zoning Administrator.
C) Private wells shall be located in a manner to be free from
flooding and the top shall be so constructed and located as
to be above all possible sources of pollution. Wells already
existing in areas subject to flooding shall be flood -proofed.
D). No private well shall be located closer than three (3) feet
to the outside basement wall of a dwelling. The outside
basement footing shall be continuous across the opening
of the well alcove. No well shall be located closer than
fifteen (15) feet to a property line.
Private wells shall be located in accordance with the standards
of the Minnesota Health Department standards MHD 217 "Location
of Wells", (c)(1).
Sectionr. .Notification Procedures
A) A copy of the notice of a public hearing to consider a variance
to the provisions of the Shoreland Overlay District or a
conditional use in the Shoreland Overlay District shall be
sent to the Commissioner of Natural Resources such that
the notice is received by the Commissioner at least ten (10)
days prior to such hearings.
B) A copy of all amendments to this ordinance and final decisions
granting variances or conditional uses within the Shoreland
Overlay District shall be sent to the Commissioner of Natural
Resources within ten (10) days of the amendment or final action.
Section 8. Effective Date
This ordinance shall take effect thirty (30) days following a
publication as required by City Charter.
Passed this ,2i day of p%. , 198.3.
• ATTEST:
Edna L Sarner, Clerk
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ORDINANCE NO. .1-e-83
AN ORDINANCE FOR THE MANAGEMENT OF SHORELAND AREAS OF LINO LAKES
The following is the official summary of the Ordinance No. 10-83,
approved by the City Council of Lino Lakes on September 12, 1983.
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Establishment of Flood Plain District
Definitions
Flood Plain District Uses
Standards for Flood Plain District Uses
Subdivisions In The Flood Plain District
Administration
A printed copy of the ordinance is available for inspection by any
person at the office of the City Clerk, 1189 Main Street, Lino Lakes,
Minnesota 55014.
Passed by the Council this
Edna L. Sarner, CMC
City Clerk
day of , 1983
Benjamin G. Benson, Mayor