FINAL ORDINANCE NO. 08-111 - Laserfiche WebLink

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b. Any private water supply to be used for domestic purposes shall meet quality standards established by the Minnesota Department of Health and the Minnesota Pollution Control Agency. 11. Planned Unit Developments. Residential planned unit developments shall be permitted in shoreland areas subject to the requirements of Article XVI of this chapter. a. Design criteria for planned unit developments within shoreland areas: i. At least 50 percent of the total project area shall be preserved as open space. The open space computation shall not include road rights-of-way, or land covered by roads, structures or parking surfaces. ii. Open space shall include areas having physical characteristics that are unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries. iii. Open space may contain outdoor recreational facilities for use by the owners of residential units or the public. iv. The appearance of open space areas, including topography, vegetation and allowable uses, shall be preserved. v. PUDs shall be connected to public water supply and sewer systems. vi. Before final approval of a PUD is granted, the developer I owner shall provide for the preservation and maintenance, in perpetuity, of open space and the continuation of the development as a community. 12. Nonconformities. Nonconformities, substandard lots and structures, and nonconforming on· site sewage treatment systems within shoreland areas shall meet the requirements specified in Article IV of this chapter. a. The expansion or enlargement of a riparian substandard structure shall meet the shoreland development standards set forth in subsection (3) except as follows: i. The extension, enlargement or alteration of a riparian substandard structure or sanitary facility may be permitted on the side of the structure or facility facing away from the OHWL without following the variance process. ii. An improvement to a riparian substandard structure or sanitary facility may be allowed to extend laterally by a conditional use permit (parallel to the OHWL) when the improvement is in compliance with the other dimensional standards of this chapter. In no case shall the improvement extend closer to the OHWL than the existing structure. iii. Decks may be allowed without a variance where riparian dedication is not required, provided as follows: a) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing OHWL setback of the structure; b) The deck encroachment toward the OHWL does not exceed 15 percent of the existing shoreline setback of the structure from the OHWL or does not encroach closer than 30 feet, whichever is more restrictive; and c) The deck is constructed primarily of wood, and is not roofed or screened. iv. If a riparian substandard structure is demolished, replacement shall comply with the dimensional standards of this section. c. Required Notice to the Department of Natural Resources. The zoning administrator shall send copies of notices of any public hearings to consider variances, plats, ordinance amendments, PUDs or conditional uses under local shoreland management controls to the commissioner of the department of natural resources or his designee at least ten days prior to the hearings. In 9