Loading...
HomeMy WebLinkAboutDRAFT Ord 08-111 Shoreland Ord Amendment 06082016 edits1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-137___ AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE REQUIREMENTS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT §154.800 Shoreland Management Overlay District §154.800 Shoreland Management Overlay District A. Purpose. The ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values of shorelands through the following activities: 1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities. 2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution. 3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreland. 4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics. (An area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the bluff.) 1. Part or all of the feature is in a Shoreland area; 2. The slope rises at least 25 feet above the ordinary high water level of the water body; 3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and 4. The slope must drain toward the water body. Bluff Impact Zone. A bluff and land located within 20 feet from the top of a bluff. Boathouse. A structure designed and used solely for the storage of boats and boating equipment. 2 Dedicated Riparian Area. Starting at the Ordinary High Water Level (OHWL), areas dedicated to the City to be maintained in a permanent state of natural vegetation for the purposes of protecting surface waters from the impacts of land alteration and/or development activity. Permitted uses within dedicated riparian areas are noted in subsection (C)(7) (f). D.N.R. The Minnesota Department of Natural Resources. Land Alteration. The excavation or grading of land involving movement of earth and materials in excess of 50 yards. Shore Impact Zone. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. Shoreland. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet from a river or stream, or the landward extend of a flood plain designated by ordinance on a river or stream; whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner. Water-Oriented Accessory Structure of Facility. A small, above-ground building or other improvement, except stairways, fences, docks, and retaining walls which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of the structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. C. Shoreland Management Overlay District 1. Shoreland Classifications. The public waters in Table 17-1 have been classified by the commissioner of natural resources as natural environment (NE), recreational development (RD) and tributary (T) shorelands. Where noted, riparian dedication is required by the City. Table 17-1: Shoreland Classifications DNR ID # Name Location Ordinary High Water Level Class 150 FTa Riparian Dedication Required 82011601 Armstrong (north of CSAH 10) Sec 28, T29, R21 1020.3 NE No 82011602 Armstrong (south of CSAH 10) Sec 28, T29, R21 1019.3 NE No 82009900 Clear Sec 2 & 11, T29, R21 - NE No 82010100 DeMontreville Sec 4, 5 & 9,T29, R21 929.3 RD No 82011000 Downs Sec 24, T29, R21 889.1 NE No 82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE No 82010600 Elmo Sec 13, 14, 23, 24 & 26, T29, R21 885.6 RD No 82010800 Friedrich Pond Sec 15 & 22, T29, R21 - NE No 82011300 Goose Sec 27, 34 & 35, T29, R21 924.4 NE Yes 82011100 H.J. Brown Pond Sec 26, T29, R21 - NE No 82007400 Horseshoe Sec 25, T29, R21 876.8 NE No 82010400 Jane Sec 9 & 10, T29, R21 924.0 RD No 82011700 Kramer Sec 35, T29, R21 - NE Yes 82041900 Margaret Sec 26, T29, R21 - NE No 3 82010300 Olson Sec 8 & 9, T29, R21 929.3 RD No N/A Raleigh Creek North (to Eagle Point Lake) Sec 16, 21 & 22, T29, R21 - T No N/A Raleigh Creek South (Eagle Point Lake to Lake Elmo) Sec 22, 23 & 227, T29, R21 - T No 82011200 Rose Sec 25 & 36, T29, R21 - NE No 82010700 Sunfish Sec 14, T29, R21 896.4 NE No 82010000 Unnamed Sec 4, T29, R21 - NE No 82031300 Unnamed Sec 12, T29, R21 - NE No 82041700 Unnamed Sec 25, T29, R21 - NE No 82048400 Unnamed Sec 11, T29, R21 - NE No N/A Unnamed to Wilmes Lake Sec 33, T29, R21 - T No N/A Unnamed Tributary Sec 25, T29, R21 - T No Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: a. As measured from and perpendicular to the ordinary high water level (OHWL) 2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P), Conditional (C) and Interim (I) Uses, Shoreland Classifications Shoreland Classification Land Uses Recreational Development Natural Environment Tributary River Residential P P P Commercial P C C Public and Civic Uses P C C Outdoor Recreationa C C C Agricultural and Related Usesb P P P Industrial and Extractive Uses - - - Utilities, Transportation and Communications C C C Accessory Uses P P P Planned Developments (PUDs) C C C Notes to Table 17-2: 4 a. City owned parks and open space and any uses or structures accessory to such uses are permitted within shoreland areas. b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. 3. Shoreland Standards. The following standards in Table 17-3 shall apply within shoreland areas to principal, conditional and accessory uses and structures: Table 17-3: Shoreland Standards Shoreland Classification Standards Recreational Development Natural Environment Tributary River Minimum structure setback from County, State or Federal road right-of-way 50 feet 50 feet 50 feet Minimum structure setback from an unplatted cemetery or historical sitea 50 feet 50 feet 50 feet Minimum structure setback from the Ordinary High Water Level (OHWL)b, c Riparian dedication required 200 feet 200 feet 200 feet Riparian dedication not requiredd Sewered 75 feet 100 150 feet 75 feet Unsewered 100 feet 150 feet 100 feet Minimum structure setback from top of bluff 30 feet 30 feet 30 feet Minimum septic system setback from OHWL 75 feet 150 feet 75 feet Minimum low floor elevation above the 100-year flood elevation 2 feet 2 feet 2 feet Maximum impervious lot coverage With riparian dedication 50% 50% 50% Without riparian dedication Sewerede 30% 30% 30% Unsewered 15% or 6,000 square feet (sf), whichever is larger Minimum lot sizef, riparian lots Riparian dedication required Same as zoning district Riparian dedication not required, sewered Single family detached 20,000 sf 40,000 sf Same as zoning district Two-family or duplex 35,000 sf 70,000 sf Riparian dedication not required, unsewered Single family detached 40,000 sf 80,000 sf Same as zoning district Minimum lot sizef, non-riparian lots Riparian dedication required Same as zoning district Riparian dedication not required, sewered Single family detached 15,000 sf 20,000 sf Same as zoning district Two-family or duplex 17,500 26,000 26,000 35,000 5 sf sf Riparian dedication not required, unsewered Single family detached 40,000 sf 80,000 sf Same as zoning district Minimum lot widthf, g Riparian dedication required Same as zoning district Riparian dedication not required, sewered Single family detached 80 feet 125 feet 80 feet Two-family or duplex 135 feet 225 feet 115 feet Riparian dedication not required, unsewered Single family detached 150 feet 200 feet 100 feet Two-family or duplex 225 feet 300 feet 150 feet Notes to Table 17-3: a. Reduction of the required setback from a historic site is permitted with the approval of the office of the Minnesota State Archeologist. b. Where structures exist on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the Ordinary High Water Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff impact zone. c. With the exception of public crossings of public waters, roads, driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may be placed within the required structure setbacks provided they are designed to adapt to the natural landscape, soil erosion is minimized and no construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must comply with the rules and regulations of local watershed districts. d. Commercial and public and civic uses with public waters frontage shall be setback double the required setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf-on conditions. e. The maximum amount of impervious surface allowed for sewered lots zoned Rural Single Family (RS) is 15% of lot area or 6,000 sf, whichever is larger. f. Minimum lot size and width requirements apply to residential uses only. g. Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners of Nonriparian Lots within Subdivisions. Must meet or exceed the following standards: They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. i. If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of Lake Size to Shore Length (acres/mile) Required increase in frontage (percent) Less than 100 25% 100-200 20% 201-300 15% 301-400 10% Greater than 400 5% 6 ii. They must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. 4. Design Criteria for Structures a. Water Oriented Accessory Structures. Each lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions: i. Structure Height. The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, from the average grade of the structure to the peak of the roof. Detached decks must not exceed eight (8) feet above grade at any point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two-hundred and fifty (250) square feet. iii. Structure Setback. The setback of the structure or facility landward from the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a recreational development lake and fifty (50) feet on a natural environment lake. iv. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions. v. The roof of the structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area. vi. The structure or facility must not be used for human habitation and must not contain water supply or sewage treatment facilities. vii. Watercraft Storage Facilities. As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage of related boating and water oriented sporting equipment, may occupy up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline. b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: i. Stairways and lifts must not exceed four (4) feet in width. Wider stairways may be used for public open space or recreation properties. ii. Landings for stairways and lifts 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 or recreation properties. 7 iii. Canopies or roofs are not allowed on stairways, lifts or landings. iv. Stairways, lifts and landings may be either constructed above ground on posts or pilings or placed into the ground, provided that they are designed and built in a manner that ensures control of soil erosion. v. Stairways, lifts and landing 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. vi. 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 subsections (i) through (v) above are satisfied. c. Roads, Driveways, and Parking Areas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. 5. Subdivision Standards. The following standards shall apply to subdivisions in shoreland areas: a. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. In determining suitability the City will consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision, or of the community at large. b. Subdivisions must conform to all other official controls adopted by the City of Lake Elmo. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. Lots that would require use of holding tanks must not be approved. c. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirement of this section as much as possible. 6. Agricultural Activities. The following standards shall apply to agricultural activities in shoreland areas: a. The shore impact for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL. b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service. c. Animal F feedlots, which must comply with PCA Rules 7020.0100-7020.1900 and obtain permits, and manure storage are not permitted within the shoreland of watercourses or in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins identified in subsection (C)(1). 8 d. The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation. 7. Shoreland Alterations. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in accordance with the following standards: a. No principal or accessory structure or use shall be placed within bluff or shore impact zones other than agricultural activities as permitted by subsection (C)(5)6(b). b. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland areas outside of bluff or shore impact zones and steep slope areas is permitted subject to City approval of an erosion and sedimentation control plan that is consistent with the City’s Storm Water and Erosion and Sediment Control Ordinance (§150.270). d. Limited Tree Clearing. Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface is along rivers is preserved. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard. e. Grading in Shoreland Areas. All grading and filling activities must be in conformance with the Wetland Conservation Act. Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten (10) or more cubic yards of material or involving more than fifty (50) cubic yards of material elsewhere in a shoreland area shall require the submission of a Grading Permit. Approval shall be granted only if the following conditions are met: i. Any filling or grading in any Type 2, 3, 4, 5, 6, 7 or 8 wetland shall be in conformance with the Wetland Conservation Act of 1991 and shall require consideration of how extensively the proposed activity will affect the following functional qualities of the wetland: a) Sediment and pollution trapping and retention b) Storage of surface runoff to prevent or reduce flood damage c) Fish and wildlife habitat and endangered plants and animals d) Recreational use e) Shoreline or bank stabilization f) Historical significance ii. The smallest amount of bare ground is exposed for the shortest time possible; iii. Ground cover such as mulch is used for temporary bare soil coverage and permanent ground cover, such as sod, is established; iv. Methods to prevent erosion and trap sediment during construction are employed; v. Altered areas are stabilized to accepted erosion control standards; vi. Fill is not placed so as to create unstable slopes; vii. Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability; 9 viii. Alterations below the OHWL are authorized by the Commissioner of the Minnesota Department of Natural Resources per Minn. Stats. § 103G.245; ix. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL and the height of the riprap above the OHWL does not exceed three feet; and x. Alterations of topography shall only be permitted if accessory to a permitted or conditional use. f. Dedicated Riparian Areas. Riparian areas dedicated to the City shall be protected from intensive development. Permitted uses include passive open space, pedestrian trails, public parks and park-related structures, facilities for public water access, fishing piers, parking lots for park users, and stormwater treatment ponds. Unless being used for active park purposes, the riparian areas shall be maintained in permanent natural vegetation. 8. Sand and Gravel Extraction. The following standards shall apply to sand and gravel extraction uses: a. Processing machinery shall be located consistent with setback standards for structures. b. A site development and restoration plan shall be developed by the owner for approval by the city which addresses dust, noise, possible pollutant discharges, hours and duration of operation and anticipates vegetation and topography alterations. It shall identify actions to be taken to mitigate adverse environmental impacts and measures to be employed to restore the site after excavation. 9. Stormwater Management. Stormwater management shall be in accordance with the City’s Storm Water and Erosion and Sediment Control Ordinance (§150.270). In addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used as guidance. Within shoreland areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed. c. Use of fertilizers, pesticides or animal wastes within shoreland areas must be done in a way to minimize impact on the shore impact zone or public water by proper application. d. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Private Utilities. The following provisions shall apply in shoreland areas: a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080 standards. Publicly owned sewer systems shall be used where available. 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 pPlanned 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: 10 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/owner shall provide for the preservation and maintenance, in perpetuity, of open space and the continuation of the development as a community. vii. Approval from the DNR is required to ensure compliance with additional regulations. 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 (C)(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. i. 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. ii. If a riparian substandard structure is demolished, replacement shall comply with the dimensional standards of this section. b. Any deviations from the standards set forth in subsection (C)(3) must be authorized by a variance. c. Nonconforming Sewage Treatment Systems. i. A sewage treatment system not meeting the requirements of subsection (C) (10) (a) must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purpose of this provision, a sewage treatment system shall not be considered 11 nonconforming if the only deficiency is the sewage treatment system’s improper setback from the OHWL. ii. Upgrading or replacement of any nonconforming system will be required within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. d. Construction on nonconforming lots of record. i. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Table 17-3 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot size meets the minimum restrictions of the underlying zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. ii. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Table 17-3 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Table 17-3 of this ordinance as much as possible. 13. Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters must meet the following standards: i. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. ii. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. iii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. iv. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. D. Administration. 1. 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 addition, a copy of the approved amendments, plats, variances and conditional uses shall be sent to the commissioner or his designee within ten days of the final decision. 2. Variances. The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a 12 variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection C.1 above shall also include the board of adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 3. Conditional Use Permits. A thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions on the site must be made to ensure the prevention of soil erosion or other possible pollution of public waters, both during and after construction, visibility of structures from public waters is limited, site is adequate for water supply and on-site sewage treatment. Conditions may be attached to issuance of the conditional use permit to fulfill the purpose of the ordinance including, but not limited to, increased setbacks from OHWL, limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted, and special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-___ -137 was adopted on this ______ day of ___ 2016, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-____ -137 was published on the ____ day of ___________________, 2016.