HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-111CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-111
AN ORDINANCE ADOPTING NEW SHORELAND PROVISIONS INTO THE ZONING CODE TO
INCORPORATE UPDATED STANDARDS AND BEST PRACTICES FOR SEWERED ZONING
DISTRICTS AND PROPERTIES IN SHORELAND AREAS.
SECTION 1. The City Council of the City of Lake Elmo hereby strikes Title XV: Land Usage;
Chapter 150: General Provisions; by repealing Section 150.250 through 150.257 in their
entirety.
SECTION 2. 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 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.
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Boathouse. A structure designed and used solely for the storage of boats and boating
equipment.
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
L ,. ......... v ..
DNR ID~ Name I ·' -----'"'.'! level Class Reauired
Armstrong (north of
82011601 CSAH 10) Sec 28, T29, R21 1020.3 NE No
Armstrong (south of
82011602 CSAH 10) Sec 28, T29, R21 1019. 3 NE No
82009900 Clear Sec 2 & 11 , T2 9, R21 -NE No
82010100 DeMontrevi lle 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 8: 27, T29, R21 896.5 NE No
Sec 13, 14, 23, 24 &
82010600 Elmo 26, T29, R21 885.6 RD No
82010800 Friedrich Pond Sec 15 & 22, T29, R21 -NE No
Sec 27, 34 8: 35, T29,
82011300 Goose R21 924.4 NE Yes
82011100 H.J. Brown Pond Sec 26, T29, R21 -NE No
82007400 Horseshoe Sec ., T29, R21 876.8 NE No
82010400 Jane Sec 9 8: 10, T29, R21 924.0 RD No
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82011700 Kramer Sec 35, T29, R21
82041900 Margaret Sec 26, T29, R21
82010300 Olson Sec 8 f1 9, T29, R21
Raleigh Creek North Sec 16, 21 f1 22, T29,
N/A (to Eagle Point Lake) R21
Raleigh Creek South
(Eagle Point Lake to Sec 22, 23 f1 227, T29,
N/A Lake Elmo) R21
82011200 Rose Sec 25 f1 36, T29, R21
82010700 Sunfish Sec 14, T29, R21
82010000 Unnamed Sec 4~_ T29, ~21 ~-------
82031300 Unnamed Sec 12, T29, R21
82041700 Unnamed Sec 25, T29, R21
82048400 Unnamed Sec 11, T29, R21
Unnamed to Wilmes
N/A Lake Sec 33, T29, R21
N/A Unnamed Tributary Sec 25, T29, R21
Classifications
RD = Recreational Development Lake Classification
NE = Natural Environment Lake Classification
T = Tributary River Classification
Notes to Table 17-1:
-NE
-NE
929.3 RD
-T
-T
-NE
896.4 NE
-NE
NE
-NE
-NE
-T
-T
a. As measured from and perpendicular to the ordinary high water level (OHWL)
Yes
No
No
No
No
No
No --
No
No
No
No
No
No
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
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
Uses p p p
Planned Developments c c c
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Notes to Table 17-2:
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 Classifk.atkm
Recreational Natural Tributary
Standards Deve!vp1m::::~11. Environment Rtver
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 I 200 feet
Riparian dedication not requiredd
Sewered 75 feet 100 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 sizEl, 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
Two-family or duplex 35,000 sf 70,000 sf district
Riparian dedication not required, unsewered
Single family detached Same as zoning
40,000 sf 80,000 sf district
Minimum lot sizef, non-riparian lots
Riparian dedication required Same as zo 1ng district
Riparian dedication not reauired, sewered
I I I
Single family detached 15,000 sf 20,000 sf J Sa~e as zoni~;-
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Two-family or duplex 17,500 sf 26,000 sf district
Riparian dedication not required, unsewered
Single family detached Same as zoning
40,000 sf 80,000 sf district
Minimum lot widthf
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
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.
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
f ram public waters and adjacent shore/ands 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.
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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.
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.
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.
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.
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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. Feedlots 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 (1 ).
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 (5)(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. 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;
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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;
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, 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.
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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
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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.
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 08-111 was adopted on this third day of June
2014, by a vote of 5 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Mi~
This Ordinance 08-111 was published on the 11th day of June, 2014.
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