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HomeMy WebLinkAbout1983-012 Council Ordinances• • 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. 1 z "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. • 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. • "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 • 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 • 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. • 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. • • 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 • 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) • 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. • a) • 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. ti, 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 • • • 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