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HomeMy WebLinkAbout1995.09.05 ORD 1995-305 ` ^ NOTICE OF ORDINANCE ENACTMENT The Hugo City Council adopted and passed Ordinance 1995-305, entitled "AN ORDINANCE REGULATING THE DEVELOPMENT OF SHORELANDS AND REPEALING INCONSISTENT ORDINANCES" , on September 5, 1995, a complete copy of which is on file and available for inspection by the public during regular office hours in the office of the City Clerk , Hugo City Hall , 5524 Upper 146th Street, Hugo, MN. In compliance with M.S.A. 412. 191 , Subd . 4, the Hugo City Council has directed that the following Summary of said Ordinance be published : SUMMARY The Ordinance establishes revised standards for land development within 1 ,000 feet of the ordinary high water level of certain lakes, ponds, and streams in the City of Hugo. Provisions of the Ordinance regulate minimum lot sizes, building setbacks, shoreland frontages, erosion control requirements, and other standards to protect the water bodies from being degraded by adjacent development. Franiron , Mayor ATTEST: Mary ' Creaqer , Ci Clerk . , � . � ORDINANCE 1995- .�0 �� .° AN ORDINANCE REGULATING THE DEVELOPMENT OF SHORELANDS AND REPEALING INCONSISTENT ORDINANCES The City of Hugo ordains: Section 1 . INCONSISTENT ORDINANCE REPEALED. Chapter 320, ARTICLE III , Sections 320-40 through 320-50 are hereby repealed in their entirety and replaced with the provisions of this ordinance. Section 2. REGULATIONS ADOPTED. Chapter 320 of the Hugo City Code is hereby amended by adding Sections 320-40 through 320-62, as stated herein . 320-40 PURPOSE AND INTENT. In that the uncontrolled use of shorelands degrades water quality , diminishes the recreational and economic use of the city ' s lakes and streams, fosters erosion and related surface water drainage problems, and reduces desired fish and wildlife habitat, it is in the best interests of the public' s health, safety and welfare to regulate development and redevelopment of the city ' s shoreland areas to promote and protect their natural , social , and economic value. 320-41 STATUTORY AUTHORITY. This ordinance is adopted pursuant to Minnesota Statutes, Chapters 105, Water Conservation ; 462, Planning and Zoning , 412, Statutory City Power; as well as Minnesota Regulations, Parts 6120.2500-6120.3900. 320-42 REPEAL OF INCONSISTENT ORDINANCE. Sections 320-40 to 320-50 of the Hugo City Code are hereby repealed in their entirety , and replaced with Sections 320-40 to 320-63, as herein defined . 320-43 JURISDICTION. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 320-47 of this ordinance. 320-44 DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage, and to give this ordinance its most reasonable application . 1 . Accessory r facility . "Accessory Structure" or "Accessory Facility" means any building or improvement subordinate to a principal use. 2 . Bluff . "Bluff" means a topographic feature such a hill , cliff , or embankment having the following characteristics: (a) Part or all of the feature is located in a shoreland ( b) The slope rises at least 25 feet above the ordinary high water level of the water body ; ( c) 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 percent or greater; and 1 . . .. / . (d ) The slope must drain toward the water body ; and (e) An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff ) : 3. Bluff impact Zone . "Bluff Impact Zone" means a bluff and land located with 20 feet from the top of a bluff . 4. Boathouse. "Boathouse" means a structure designed and used primarily for the storage of boats and/or boating equipment . 5. Building Line. "Building Line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend . 6. Commercial Planned Unit Developments. ''Commercial Planned Unit Developments" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented . For example, hotel/motel/accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial planned unit developments. 7 . Commercial Use. "Commercial Use" means the principal use of land or buildings for the sale, lease, rental , or trade of products, goods, and/or services. B. Commissioner . "Commissioner" means the commissioner of the Department of Natural Resources. 9. Conditional Use. "Conditional Use" means a land use or development as defined by ordinance that would not generally be appropriate, but may be allowed with restrictions, as provided by official controls, upon a finding that certain conditions, as detailed in the zoning ordinance exist. The use or development must conform to the comprehensive land use plan of the community , and the use must be compatible with the existing neighborhood . "Conditional Use" shall be synonymous with "Special Use" as defined in the City ' s Zoning Ordinance. 10. Dqg.k�. ''Deck" means a horizontal , unenclosed platform with or without attached railing , seats, trellises, or other features, attached or functionally related to a principal use or site, and at any point extending more than three feet above ground . 11 . Duplex , triplex, and quad . "Duplex , Triplex , and Quad" , means a dwelling structure on a single lot, having two, three, and four units, respectively , being attached by common walls and each unit equipped with separate sleeping , cooking , eating , living , and sanitation facilities. 12. Dwelling site. ''Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter , including camping , and recreational vehicle sites. 2 . . / 13. "Dwelling Unit" means any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons. Dwelling unit includes rental or timeshare accommodations such as motel , hotel , and resort rooms and cabins. 14. Ex "Extractive use" means the use of land for surface or subsurface removal of sand , gravel , rock , industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, Sections 93.44 to 93. 51 . 15. "Forest Land Conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand . 16. Guest Cotta.ge. "Guest Cottage" means a structure used as a dwelling unit that may contain sleeping spaces, kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. 17. Hardship, "Hardship" as is defined in Minnesota Statutes Chapter 462. 18. Height of building . "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level , whichever is lower, and the highest point of a flat roof or height of the highest gable of a pitched or hipped roof . 19. Industrial Use. " Industrial use" means the use of land or buildings for the production , manufacture, warehousing , storage, or transfer of goods, products, commodities, or other wholesale items. 20. Intensive vegetation clearing . " Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block . 21 . Lpt„,_ "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey , auditors plot, or other accepted means. A lot is separated from other parcels or portions by said description for the purpose of sale, lease, or other transaction . 22. "Lot width" means the shortest distance between lot lines measured at the building setback line. 23. "Nonconformity" means any legal use, structure or parcel of land already in existence, recorded , or authorized before the adoption of official controls (or amendments thereto) that would not have been permitted to become established under the terms of the official controls as now written , if the official controls had been in effect prior to the date it was established , recorded or authorized . 3 . . 24. Ordinary high. water "Ordinary high water level " means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial . For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel . For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool . 25. Planned unit development. "Planned unit development" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel , whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperative, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartments buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses incidental to these uses. 26. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 1038.005, subdivision 15. 27. Residential planned unit development. "Residential planned unit development" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented . For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. 28. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization . 29. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock , highly erosive or expansive soils, steep slopes, susceptibility to flooding , or occurrence of flora or fauna in need of special protection . 4 . . . ^. 30. Setback . "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level , sewage treatment system, top of a bluff , road , highway , property line, or other facility . 31 . Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system, or other individual or cluster type of sewage treatment system as described and regulated in Chapter 263 of the City code. 32. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force mains, and all other construction , devices, appliances, or appurtenances used for conducting sewage or other wastes to a point of ultimate disposal . 33. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback . 34 . Shorela[dL ''Shoreland" means land located within the following distances from public waters: 1 ,000 feet from the ordinary high water level of a lake, pond , or flowage; and 300 feet from a river or stream, or landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shoreland 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. 35. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or as determined by the Minnesota State Archaeologist or Director of the Minnesota Historical Society , National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the 1 provisions of Minnesota Statutes, section 307.08. 36. St�ecLslgpe, "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site' s soil characteristics, as mapped and described in available county soil surveys or other technical reports unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are land having average slopes over 12 percent as measured over horizontal distance of 50 feet or more, that are not bluffs. 5 37. Structure. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. 38. Subdivision . "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned unit developments. 39. Surface use. "Surface water-oriented commercial use" means the use of the land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conduct of business. Marinas, resort, and restaurants with transient docking facilities are examples of such uses. 40. Toe of the bluff. "Toe of the bluff" means the lower point of a 50 foot segment with an average slope exceeding 18 percent. 41 . Top of the bluff . "Top of the bluff" means the higher point of a 50 foot segment with an average slope exceeding 18 percent. 42. Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, Chapter 462. 43. structure "Water-oriented accessory structure or facility" means 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 such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 44 . Wetland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 ( 1971 edition ) . 320-45 COMPATIBILITY WITH OTHER CITY CODES. Where administration of this ordinance would be inconsistent with Chapter 320, Sections 1 through 13, the City ' s zoning ordinance, Chapter 290, subdivision regulations, or Chapter 320, Sections 20 through 23, flood plain management, the most restrictive measures shall apply . 320-46 ADMINISTRATION. This ordinance will be administered in conformance with the City ' s zoning ordinance, except as specifically stated herein . 6 . . Subd . A. Variances to shoreland regulation shall be made only following a public hearing in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purpose and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located . Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Zoning Adjustments shall consider 1 . Whether the property owner has reasonable use of the land without the variance. 2. Whether the property is used seasonally or year-round . 3. Whether the variance is being requested solely on the basis of economic considerations. 4. He development characteristics of adjacent property . Subd . B. When a 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 Section D below, shall also include the Board of Adjustment' s summary of the public record/testimony and the findings of fact and conclusions which support the issuance of the variance. Subd . C. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property . The variance, if issued , must require reconstruction of a nonconforming sewage treatment system. Subd . D. The City Clerk shall provide notices of all public hearings to consider variances, amendments, or conditional uses under this ordinance to the Commissioner of the Minnesota Department of Natural Resources, or the Commissioner' s designated representative. Such notice shall be postmarked at least ten ( 10) days before the hearing . Notices of hearings to consider proposed subdivisions must include a copy of the proposed preliminary plat or other official description to be considered at the hearing . Subd . E . A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional use permits, shall be sent to the Commissioner or the Commissioner ' s designated representative, and postmarked within ten ( 10) days of final Council action . 320-47 SHORELAND CLASSIFICATION SYSTEM. Subd . A. The public waters of the City of Hugo, as listed below, have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County , Minnesota. Lakes, rivers, and stream classifications are either Natural Environment (NE) , General Development (GD) , or Recreational Development (RD) . Subd . B. The shoreland area for the water bodies listed below in Subdivision C shall be as defined in Section 320-44, and as shown on the City ' s Official Zoning Map. Subd . C. Lake, River , and Stream Classifications for water bodies in the City of Hugo shall be as designated in Table I , "Municipal Shoreland Classification Data" . 7 . . ( / TABLE I MUNICIPAL SHORELAND CLASSIFICATION DATA CITY OF HUGO LAKE NAME R SECTIONS CLASSIF ^ Unnamed 2-1W 31 21 ;22 30 - 25 NE Bald Eagle 62-2 31 21 31-various GD Barker 82-76 31 21 ;20 12 - 7 NE Goggins Lake 82-77 31 21 ;20 36 - 31 NE Round 82-136 31 21 35 RD Fish 82-137 31 ;30 21 33 - 6 NE Horseshoe 82-138 31 21 3 - 4 NE Oneka 82-140 31 21 9 - 16 NE Unnamed 82-141 31 21 11 - 14 NE Unnamed 82-144 31 21 NE14 NE Unnamed 82-145 31 21 14 - 23 NE Rice 82-146 31 21 15, 16,21 ,22,27,28 NE Egg 82-147 31 21 20 - 29 RD Lake Plaisted 82-148 31 21 25 NE No. School Sect. 82-149 31 21 25 NE Unnamed 82-150 31 21 25 - 26 NE So. School Sect. 82-151 31 21 25 - 26 NE Unnamed 82-152 31 21 26 NE Sunset 82-153 31 21 27 - 34 RD Long 82-155 31 21 35 NE Unnamed 82-156 31 ;32 21 1 - 36 NE . ^ / TABLE I (CONTINUED) _-_-SECTIONS CLASSIFICATION Unnamed to Rice Lake 31 21 20 - 21 GD Clearwater Creek 31 21 31 - 19 GD Unnamed to Clearwater Creek 11 21 8 - 19 GD ** All rivers and streams in the municiplality having a total drainage area of greater than two (2 ) square miles are assigned a shoreland classification of General Development . f 1 .0114 SII1Z1 KM max., 1 136- I i.,m. , HORSESH'w J '� . r .. LAKE pI 1 i /1; QC _ - ...n.n hx. ! 8 six OW 9x.. 10 71 Y 12 I IN E i BARKER i i LAKE 1 4� 141 W 76W Y 1::A Ii 144W iw111 (� 18 $ u .�. u p u 16 S 145W� Cjill oh . :4 .0'. ......e . . ..... 1•@ '/�ll 4:Ct -14111 ( 1 1 _:_—""---H---IIIIIIIII 4,1,4 ,, 1 • 1 miliV--- --.:—/:Fik�w i a 6 fr RI•3 ' 23 2s LAK' LAKE j 'Jalle ii 47P 146P T ,j LAKE PLAISTED xn axaa FN 1 .„,.. ONE1 4_ NM ..: ? .15 ^ r NORTH SCHOOL 28 :i 150W, �® '25 TIONI L KE /i( '6 • 1. T SOUTTB�i SCHOOL SECTION LAKE 7M awo.i. �;SUNSE ` O+ Y .'I -, LAKE ii..::.a.; 9NG LAK 77W 155�W f 1 .o x..a2 ' fLEINS 1• arib / LAKE , . EACLO 1. . , 1 a t LLAASKEE ✓I 62�LP \ i s e•— .: „, er „ , i.„ i FISH LAKE _ / %.�..r 1 M ,c / i, LI I' PIM; 137W ROP. LAK w`, LEGEND 62-2P MnDNR PROTECTED WATER I . D. 137W MnDNR PROTECTED WETLAND I . D. 1 i PROTECTED WATERBODY PROTECTED WATERCOURSE 9 2500 5o00 SCALE IN FEET rawn By: Drawing Title omm. No. TAW CIOrr Mayeron & Associates, Inc. WATERBOD I ES PROTECTED TED BY SHORELAND ORDINANCE 465 . 07 Date CITY OF HUGO , MINNESOTA Figure Engineers • Architects • Planners • Surveyors 8/10/1995 300 Park Place East is 5775 Wayzata Boulevard Minneapolis,MN 55416-1226■ 612-595-5775 � ~ 320-48 LAND USE DISTRICT DESIGNATIONS Subd . A. Land use within the shoreland areas of the City of Hugo shall be consistent with the goals, policies, and objectives of the City ' s comprehensive plan , the City ' s Official Zoning Map, the allowable land uses as designated in Table I , and the following criteria: ( 1 ) Preservation of natural areas. (2) Present ownership and development of shoreland areas. (3) Shoreland soil types and their engineering capabilities. (4) Topographic characteristics. ( 5) Vegetative cover . (6) In-water physical characteristics, values and constraints. ( 7) Recreational uses of surface water . (8) Road and service center accessibility . (9) Socioeconomic development needs and plans as they involve water and related land resources. ( 10) The land requirements of industry which, by its nature, requires location in shoreland areas. Subd . B. In addition to the criteria listed in Section 320-47 , Subd A. , approval of Planned Unit Developments shall consider the following : ( 1 ) Existing recreational use of the surface waters, and likely increases in use associated with planned unit developments. (2) Physical and aesthetic impacts of increased density . (3) Suitability of lands for planned unit development approach. (4) Level of current development in the area . ( 5) Amounts and types of ownership of undeveloped lands. Subd . C. At any time where the City deems it appropriate to change or alter the boundaries of the zoning districts affecting the shorelands of the City , the land use district boundaries and use provisions therein , for all the shoreland areas within the jurisdiction of the City on said lake must be revised to make them substantially compatible with Minnesota Regulations, Part 6120.3200, Subd . 3. Subd . D. When a revision to a zoning district affecting shorelands of the City is requested by an individual party or landowner , the individual or party making such request shall provide the City substantial evidence that the proposed change is in compliance with the shoreland requirements of Section 320-47, Subd . B. of this ordinance. Adequacy of such evidence shall be determined by the City Council . Such evidence is to be considered by the City Council in conjunction with the goals of the City ' s Comprehensive Plan , adjacent land uses, and such other matters which are pertinent in arriving at a decision . 8 Subd . E . The Hugo City Council must make a detailed finding of fact and conclusion when taking final action on any revision of official land use controls which are inconsistent twith Minnesota s Regulations, Part 6120.3100. 320-49 SPECIAL CONDITIONS FOR SHORELAND AREAS Subd . A. The lot area, in square feet, and the lot width standards, in feet, for single, duplex , triplex , and quad- residential units created after February 1 . 1994 are as listed in Table II . Subd . B. Residential subdivisions, with dwelling unit densities exceeding those in Table II , shall be approved only if designed as residential planned unit developments. Only land above the ordinary high water level of public waters may be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line . The sewer lot area dimensions may only be used if publicly owned sewer system service is available to the property . Subd . C . Subdivisions of duplexes, triplexes, and quads on Natural Environment lakes must also meet the following standards: 1 . Each building must be set back at least 200 feet from the ordinary high water level . 2 . Each building must have common sewage treatment and water systems in one location that serve all dwelling units in the building , except where municipal services are available. 3. Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building . 4 . No more than 25 percent of a lake' s shoreline, as located within the City , may be in duplex , triplex , or quad development . Subd . D . One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and width dimensions presented on Table II , provided the following standards are met: 1 . On lots exceeding the minimum lot dimensions of duplex lots, a guest cottage must be located within the smallest duplex-sized lot that could be created including the principal dwelling unit . 2 . A guest cottage may not cover more than 700 square feet of land surface and may not exceed 15 feet in height . 3 . A guest cottage shall be located or designed to reduce its visibility , as viewed from public waters and adjacent shorelands, by vegetation , topography , increased setbacks or color, assuming summer leaf-on conditions. 9 ' . . � . '. ^. Subd . E. Lots intended as controlled access to public waters. or as recreation areas for use by owners of non-riparian lots within subdivisions, are permissible, but must meet or exceed the width and size requirements for residential lots, have adequate access for emergency vehicles, and be suitable for its intended use . TABLE II DWELLING UNIT DENSITIES IN SHORELAND AREAS NATURAL IRONMENT - RIPARIAN LOTS SEWER -__ --'_- __-_--_Width (Ft} Area LSF ) -Width {Ft } Single 40,000 125 80,000 200 Duplex 70,000 225 120,000 300 Triplex 100,000 325 160,000 400 Quad 130,000 425 200,000 500 NATURAL 1NONRIPARIANLOTS Single 20,000 125 80,000 200 Duplex 35,000 220 160,000 400 Triplex 52,000 315 240,000 600 Quad 65,000 410 320,000 800 RECREATIONAL DEVELOPMENT - 1RIPARIAN-l=LOTS Single 20,000 75 40,000 150 Duplex 35,000 135 80,000 225 Triplex 50,000 195 120,000 300 Quad 65,000 255 160,000 375 RECREATIONAL DEVELOPMENT - NONRIPARJANLOTS Single 15,000 75 40,000 150 Duplex 26,000 135 80,000 265 Triplex 38,000 190 120,000 375 Quad 49,000 245 160,000 490 GENERAL DEVELOPMENT - RIPARIAN LOTS Single 15,000 75 20,000 100 Duplex 26,000 135 40,000 180 Triplex 38,000 195 60,000 260 Quad 49,000 255 80,000 340 GENERAL RIPARIAN LOTS Single 10,000 75 40,000 150 Duplex 17, 500 135 80,000 265 Triplex 25,000 190 120,000 375 Quad 32, 500 245 160,000 490 10 ` .. � . ( 2) If docking , mooring , or over-water storage of more than six watercraft is to be allowed at a controlled access lot, then the width of the lot ( keeping the same lot depth) must be increased as required in Table IV. (3) Controlled access lots must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided riparian access rights on the access lot. (4) Covenants, or other equally effective legal instruments, must be developed and appropriately recorded that specify which lot owners have authority to use the access lot and what activities are allowed . The activities may include the launching , loading , storage, beaching , mooring or docking of watercraft. They must also include other outdoor recreational activities that do not significantly conflict with general public use of public water or the enjoyment of normal property rights by adjacent property owners. Examples of the insignificant 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 centralize all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetative alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography (as much as practical ) from view from public water, assuming summer leaf-on conditions. Subd . F . Structures and on-site sewer treatment systems shall be located on lots to meet the setback requirements described in Table IV. Where more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from ordinary high water level , provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Subd . G. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff-impact zones. Subd . H. Commercial , industrial , public and semipublic uses, without water-oriented needs, must be located on lots or parcels without public water frontage, or if located on lots or parcels with public water frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography , assuming summer leaf-on conditions. Subd . I . No more than 25 percent of any lot may be covered with an impervious surface. 11 . `. TABLE III Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage ( acres/mile) ( per cent) Less than 100 25 100-200 20 201-300 15 301-400 10 Greater than 400 5 TABLE [V Structure and On-Site Sewage System Setbacks ( in feet ) from Ordinary High Water level . * Classes of Structures Sewage Treatment Public Unsewered Sewered System Waters (Lakes) Natural Development 200' 150' 150' Recreational Development 100' 100' 75' General Development 100' 100' 50' *All rivers and streams are subject to the setback requirements of general development lakes . 12 . . .. .. . . 320-50 DESIGN CRITERIA FOR STRUCTURES Subd . A. Structures shall be placed at elevation in accordance with the City ' s Flood Plain Management Ordinance . At locations where the flood plain ordinance does not apply , the lowest floor elevation , including basement, shall be set at four feet above the ordinary high water level , or two feet above the 100-year flood elevation , which ever is higher . Subd . B. Each lot may have one water-oriented accessory structure not meeting the normal structure setback required in Table IV of this ordinance, so long as the structure complies with all of the following : 1 . On a Natural Environment lake and all rivers, the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. On general development and recreational development water bodies, water-oriented accessory structures used solely for watercraft storage, including storage of elated boating and water-oriented sporting equipment, may occupy an area up to 400 square feet, provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. Detached decks must not exceed eight feet above grade at any point . 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet . 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation , topography , increased setback or color , assuming summer leaf on conditions. 4 . The roof may be used as a deck with safety rails, but may not be enclosed or used as a storage area. 5. The structure or facility may not be used for human habitation and must not contain a water supply or sewage treatment facility . Subd . C . 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 shall meet the following design criteria: 1 . Stairways and lifts on residential lots shall not exceed four feet in width. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments. 2 . Landings for stairways and lifts on residential lots may not exceed 32 square feet. Larger landings may be used for commercial properties, public open-space recreational properties, and planned unit developments. 13 . � � . , ` 3. Canopies or roofs are not allowed on stairways, lifts, or landings. 4 . Stairways, lifts, and landings must be constructed in such a manner as to ensure control of erosion . 5, Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer leaf-on conditions, wherever practical . 6. 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 listed herein , are complied with in addition to the requirements of Minnesota Regulations, Chapter 1140. Subd . D. No structure may be placed on a significant historic site in a manner that affects the historic value of the site unless adequate information regarding the site has been obtained and documented in a public repository . Subd . E. Before a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slope areas, as defined in Section 320-44, may be issued , the property owner or developer shall provide the City ' s building official a site plan indicating measures to be taken to insure that no erosion occurs during or after construction of the improvement . The site plan shall also indicate measures being taken to preserve existing vegetation , and screening of structures, vehicles, and other facilities in accordance with the provisions of this ordinance. When determined necessary by the City ' s Building Official , conditions may be attached to issued permits to prevent erosion and to insure preservation of existing vegetation and adequate screening . Subd . F . Height of structures. All structures in residential districts, within shoreland boundaries, except churches and non- residential agricultural structures, shall not exceed 25 feet in height . 320-51 SHORELAND ALTERATIONS Subd . A. Gelleral. All alterations to vegetation or topography within the shoreland districts of the City shall be performed to prevent erosion , prevent ( as far as possible) , excess nutrient flow into public waters, preserve shoreland aesthetics, preserve historic values, prevent bank slumping , and protect fish and wildlife habitat. Vegetation alteration necessary for the construction of roads, parking areas, structures and sewage treatment systems may be exempted from the conditions listed below by the building official , where necessary , to provide for reasonable use of the property . 14 . . � �. ,. . Subd . B. Alteration of Vegetation . Removal or alteration of vegetation , except for agricultural and forest management uses, as regulated in Section 320-56, is allowed subject to the following conditions: 1 . Intensive clearing of vegetation within shore and bluff impact zones is not allowed . Limited clearing of trees, shrubs, cutting , pruning and of trees to provide view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: (a) Clearing of vegetation shall be limited as much as possible in accordance with the policies established in Section 320-50, Subd . B. No vegetation shall be removed which would lead to erosion , bank slumping , or change to the topography of shoreland or public waters, except through variance granted by the City Council . ( b) The screening of structures, vehicles, or other facilities, as viewed from the water , assuming summer leaf-on conditions is not substantially reduced . ( c) Existing shading of water surfaces is preserved along rivers. (d ) Minor removal of trees, limbs, or branches that are dead , diseased , or pose safety hazards is permitted without permit. Where removal of the dead or diseased vegetation would lead to erosion , bank slumping , or change to the topography of shoreland or public waters, such removal will be allowed by permit given an erosion and sedimentation plan approved by the regulating watershed management organization , and a vegetative restoration plan to restore screening approved by the City ' s Building Official . 2. Intensive clearing of vegetation within shoreland boundaries, . but out side of shore and bluff impact zones, may be permitted as a conditional use given an erosion control and , sedimentation plan is approved by the regulating water management organization or district . Subd . C. Topographic alterations/Grading and Filling 1 . Permits required . (a) Permits are required for the movement or fill of ten ( 10) or more cubic yards of material on steep slopes or within shore or bluff impact zones. ( b) Permits are required for the movement or fill of more than 50 cubic yards of material in shoreland areas other than steep slopes, or shore, or bluff impact zones . 15 . . ( c) Where a permit is issued for the construction of structures, sewage treatment systems, and driveways, and the grading , filling or excavation of material is necessary for the construction of the improvement, the permit for such grading , filling , or excavation shall be incidental to the construction permit . (2) Permit.. Stpndarlqs_. (a) Where any grading , filling , or excavation impacts a state or federally protected wetland , a copy of a valid permit from the appropriate regulatory body for such work shall be filed with the City Building Official prior to the issuance of a construction permit. ( b) Any alterations below the ordinary high water level of public waters shall first be authorized by the Commissioner of the Department of Natural Resources under Minnesota Statutes, Section 103G.245. ( c) Alterations to topography may only be allowed if they are accessory to a permitted or conditional use of the property , and do not adversely affect adjacent or nearby properties. (d ) Placement of natural rock riprap, including associated grading of shoreline and placement of a filter blanket, shall only be permitted where 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 ordinary high water level , and the height of the riprap above the ordinary high water level does not exceed three feet . (e) Excavations intended to connect water-oriented activities, such as boat slips, canals, lagoons, and harbors shall only be permitted after approval by the Commissioner of the Department of Natural Resources. (3) ErosionControl ( a) Any person grading , filling , or excavating within a shoreland area shall take adequate measures to trap and retain sediments and pollutants from entering the protected water body , store runoff to prevent or reduce flood damage, protect fish and wildlife habitat, preserve the recreational use of the water body , stabilize the shoreline or bank , and protect areas of historic or environmental importance. ( b) Any person applying for a construction permit , grading or filling permit, conditional use permit, variance, or subdivision approval impacting a shoreland area shall provide the building official an erosion control plan prior to the issuance of any permit or approval . Such plan shall meet the following standards: 16 � . . . . . A1t@rwtions shall be designed and conducted in a manner that insures only the smallest amount of bare ground is exposed for the shortest period of time . 2. Mulches or similar materials must be used , where necessary , for temporary bare soil coverage, and a permanent vegetative cover shall be established as soon as possible. 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used . 4 . Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Washington County Soil and Water Conservation District and the United States Soil Conservation Service. 5. Fill or excavated material shall not be placed in a manner that creates an unstable slope. 6. Plans to place fill or excavated material on steep slopes must be certified by a qualified professional for continued slope stability , and must not create a finished slope of 30 percent or greater. 7. Fill or excavated material must not be placed in bluff impact zones. 320-52 ROADS, DRIVEWAYS, AND PARKING AREAS. Subd . A. Public and private roads and parking areas constructed in a shoreland area must be designed to take advantage of natural vegetation and topography to achieve maximum screening of view from public waters. Subd . B . Prior to the issuance of any permit or approval by the City for the construction of a road , or parking area for three or more automobiles in a shoreland district, a professional engineer, registered in the State of Minnesota, must certify to the City that the road or parking area is designed to minimize and control erosion to public waters consistent with the field office technical guides of the Washington County Soil and Water Conservation District, or other applicable technical standards. Subd . C. Roads, driveways, and parking areas shall meet the structure set backs required by this ordinance and shall not be placed within bluff and shore impact zones, except, where no other reasonable and feasible option exists for their placement, a variance may be granted under Section 320-46. Such variance may only be granted if the construction is designed to minimize adverse impacts on bluff slopes, vegetative cover , and the shoreland . Subd . D. Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control measures specified in this ordinance are met . 17 . . 320-53 STORMWATER MANAGEMENT Subd . A. General Standards 1 . Wherever possible, existing natural drainage ways, wetlands, and vegetated soil surfaces shall be used to convey , store , filter , and retain stormwater runoff prior to discharge into public waters. 2. Development must be planned and conducted in a manner which will minimize the extent of disturbed areas, runoff velocities, erosion potential , and reduce and delay runoff volumes . Disturbed areas must be stabilized as soon as possible to reduce sedimentation and loss of top soil . Barriers, such as silt fence or hay bails , shall be used where necessary to retain sediment from leaving the disturbed site. 3. Where development density , topographic features, or soil and vegetation conditions are not sufficient to adequately control and treat stormwater runoff using natural features, constructed facilities shall be used to maintain stormwater runoff rates at pre-built conditions, limit pollutants and remove sediments. Designs shall maximize the use of surface drainage and vegetative filtration , while limiting man-made materials and structures to the minimum required for effective runoff control and treatment. 4 . When constructed facilities are used for stormwater management, written certification must be provided to the City ' s building official , by a professional engineer registered in the State of Minnesota , that the facilities are designed and installed in accordance with the field office technical guide of the Washington County Soil and Water Conservation District. 5. Stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris prior to discharge. 320-54 STANDARDS FOR COMMERCIAL , INDUSTRIAL, PUBLIC AND SEMIPUBLIC USES OF SHORELANDS. Subd . A. Commercial and industrial land uses without specific functional need for the use of public waters must be set back from the ordinary high water level at least twice the ordinary distance prescribed in Section 320-49, and substantially screened from view from public waters by topography or vegetative screening . Subd . B. Industrial or commercial users with a specific commercial need for access to public waters, may be permitted access or use of public waters as a conditional use of the property . In addition to meeting impervious coverage limits, setback requirements, and other zoning standards as required by ordinance, the following special standards shall apply : 18 � . . 1 . Structures and parking areas shall be screened from public waters, in so far as possible, by topography and vegetation 2 . Watercraft mooring for patrons must not pose a threat to navigation , and must be centralized and limited to the minimum size necessary to meet the businesses needs. 320-55 SIGNAGE AND LIGHTING IN, UPON, AND ADJACENT TO PUBLIC WATERS Subd . A. Advertising signs and their supporting structures are not permitted in or upon public waters. Signs conveying safety information may be placed in or upon public waters only by permit of the City Council , or , in an emergency situation , by the Washington County Sheriff . Subd . B. One advertizing sign may be placed within the shore impact zone of each commercial or industrial lot if all of the following conditions are met . 1 . The sign must serve the purpose of providing the general public notice of goods or services they may purchase or utilize by accessing the businesses from the water body . 2. The sign may only convey the location and name of the establishment and the general types of goods or services available 3. The sign may not contain detailed information such as product brands, prices, or special offerings . 4. The top of the sign may not be located higher than ten ( 10) feet above the normal ground level . 5. The sign must not exceed thirty-two (32) square feet in size. 6. If the sign is illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters. 7 . A permit for the sign must be obtained in accordance with the city ' s sign ordinance, and the sign must meet all requirements of that ordinance except as modified herein . Subd . C. Outside lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or directed to prevent direct illumination across public waters. This does not preclude the use of navigational lights. 19 320-56 AGRICULTURAL USE OF SHORELAND AREAS Subd . A. General cultivation , grazing , nurseries, horticulture, truck farming , sod farming , and wild crop harvesting are permitted uses of shoreland areas, in accordance with the city ' s zoning ordinance, under the following conditions: 1 . Steep slopes and shore and bluff impact zones are maintained in permanent vegetation , or used under a conservation plan approved by the Washington County Soil and Water Conservation Service . 2. A strip of land fifty ( 50) feet wide, adjacent and parallel to the ordinary high water level of the water body is maintained in vegetative cover to control sedimentation and filter out pollutants. Subd . B. Any animal feed lot established after the date of adoption of this ordinance must be set back a minimum of 300 feet from the ordinary high water level of all public water basins, and may not be located in the shoreland of watercourses or in bluff impact zones. Modifications or expansions to existing feed lots that are located within 300 feet of the ordinary high water level or within a bluff impact zone, shall be permitted only if they do not expand their encroachment on the existing setbacks from the ordinary high water level or bluff impact zones. Subd . C. The harvesting of timber in shoreland and bluff impact zones, as well as its associated reforestation , shall be conducted consistent with the provisions of the Minnesota Nonpoint Source pollution Assessment-Forestry , and the provisions of the Minnesota Department of Natural resources Water Quality in Forest Management "Best Management Practices in Minnesota. " 320-57 MINING AND EXTRACTIVE USE Subd . A. Any removal or excavation of soil , minerals, rock , peat, or other inorganic material natural to a site, in excess of five cubic yards, shall require a permit from the City . Such permit may be issued as part of a building permit, grading plan , or mining permit. Subd . B. Prior to the issuance of any permit for the mining or extraction of any material from a shoreland area, the individual or firm requesting the permit shall provide the City , for its approval , a site development and restoration plan that addresses control of dust, noise, and possible pollutant discharges , hours and duration of operation , and anticipated vegetation and topographic alterations. The plan shall also include a description of erosion control measures to be taken and a plan for use of the site after the extractive activities end . 20 ` . . Subd . C. Processing machinery must be set back from ordinary high water levels consistent with the requirements for structures. Subd . D. Mining of metallic minerals and peat shall be in compliance with Minnesota Statutes, sections 93.44 to 93. 51 . 320-58 CONDITIONAL USES Subd . A. Conditional use permits issued for activities or development in a shoreland area shall meet the same requirements as other conditional uses under the city ' s zoning ordinance, except that an additional evaluation is required to determine the impact of the development or activity on public waters and shorelands, to include topography , vegetation and soil condition . Subd . B. Approval of a conditional use permit in a shoreland area is contingent upon : 1 . The prevention of soil erosion or other possible pollution of public waters during and after construction . 2. Limiting , to the greatest extent feasible, the visibility of structures and other facilities as viewed from public waters, 3 . Adequate source of potable water supply for the proposed land use, and suitability of the property for an on-site sewage treatment system if municipal sanitary sewer is not available . 4 . The capability of the water body to safely accommodate the number , type, and uses of the watercraft the project will generate. 320-59 NONCONFORMITY Subd . A. Lots of record in the office of the county recorder on the date of enactment of this ordinance that do not meet the requirements of Section 320-49 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 has been in separate ownership from abutting lands at all times since it became substandard , was created compliant with official controls in effect at its time of creation , and sewage treatment and setback requirements are met . Subd . B. Prior to the issuance of any building permit or individual sewage treatment system permit to a nonconforming lot under Section 320-59, Subd . A. , and except as permitted under Section 320-49, Subd . F, a variance from setback requirements must first be obtained . In evaluating the variance, the board of adjustments shall consider the sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided . 21 . . . � . � ` Subd . C. Where, in a group of two or more contiguous lots under the same ownership, one or more of the individual lots does not meet the requirements of Section 320-49 of this ordinance , none of the contiguous lots shall be developed or sold as separate parcels until the parcels are combined so as to meet the requirements of of this ordinance to the greatest extent possible. 320-60 ADDITIONS AND EXPANSIONS TO NONCONFORMING STRUCTURES Subd . A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback , height , and other requirements of Section 320-49 of this ordinance, except as authorized by a variance pursuant to Section 320-46. Subd . B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are met: 1 . The structure existed on the date the structure set backs were established . 2 . No reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure exists. 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive 4 . The deck is constructed of wood , and is not roofed or screened . , 320-61 NONCONFORMING SEWAGE TREATMENT SYSTEMS Subd . A. A sewage treatment system not meeting the requirements of Hugo City Code, Chapter 263, or Section 320-49 of this ordinance, shall be upgraded to meet these requirements prior to the issuance of any permit or variance for the property . A sewage treatment system shall not be considered nonconforming if its only deficiency is improper setback from the ordinary high water level . � Subd . B . Any individual sewage treatment system located in a shoreland area which uses a cesspool , leaching pit, seepage pit, or other deep disposal system, or with less soil treatment area separation above ground water than is specified in Chapter 263 or which has failed , shall be brought into compliance with city ordinance by December 31 , 1996. 320-62 SUBDIVISION AND PLATTING OF PROPERTY Subd . A. Each lot created in a shoreland area, including planned unit developments, must be suitable in its natural state for its proposed use with minimal alteration to its topography and vegetation . In determining the suitability for a proposed use the City Council shall consider: 22 . ' 1 . Potential for flooding causing a threat to human life, or damage to property . 2 . The need to fill , dredge, drain , or otherwise negatively impact the form or function of a wetland , including potential blockage of surface and ground water flows which may affect the normal water elevations of the wetland . 3. Soil and rock formations which limit the site for development . 4 . Potential for erosion both during and after construction . 5. Destabilization of bluffs or steep topography . Adequacy of potable water supply and sewage treatment capability . 7 . Near-shore aquatic conditions unsuitable for water-based recreation . 8 . Fish and wildlife habitat necessary to support the native ecosystem. 9 . Protection of significant historic sites. 10. Any other feature of the natural land likely to be harmful to the health, safety , or welfare of future residents of the site. Subd . B. Any subdivision of property must conform to all city land use controls, and a subdivision will not be approved where a variance may be required in the future to make a parcel fully usable. Subd . C. The preliminary plat or survey for a subdivision in a shoreland area shall include those requirements found in the city ' s subdivision regulations, as well as the following special information : 1 . The surface water features required in Minnesota Statutes, section 505.02, subdivision 1 . 2 . Location of 100-year flood plain and flood way districts. 3. A line contour representing the ordinary high water level , the "toe" and the "top" of bluffs, and the minimum setback distances from the top of the bluff and the lake or stream. Subd . D. As a condition of approval for all subdivisions a public easement shall be provided over natural drainage or ponding areas for management of stormwater and wetlands. 23 ' . / . Subd . E. Lots intended as controlled access to public waters for recreational use by nonriparian lots within a subdivision shall meet the requirements of Section 320-49, Subd . E. 320-63 PLANNED UNIT DEVELOPMENTS Subd . A. Planned unit developments (PUD' s) are allowed in shoreland areas under the same procedures and standards as other zoning districts under the city ' s subdivision ordinance, except the special conditions specified in this section shall apply . Subd . B. The density of shoreland development shall be restricted using the following standards: 1 . The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward : Shoreland Tier Dimensions Unsewered Sewered ( feet) ( feet) General Development Lakes-first tier 200 200 General Development Lakes-additional tiers 267 200 Recreational Development Lakes-each tier 267 267 Natural Environment Lakes-each tier 400 320 All River Classes 300 300 24 . . . . . ` 2 . The area suitable for development within each tier is calculated by excluding from the calculated square , footage of the tier the square footage of all wetlands, bluffs, or land below the ordinary high water level of public waters located in the tier . 3. Single Family Residential PUD base density is determined for each tier by dividing the area suitable for � development in each tier , as determined in step 2, by the residential lot size permitted in the shoreland district. . The resulting quotient rounded down to the nearest whole number is the base number of housing units allowed in each tier . 4 . Multifamily and commercial base density is determined for each tier as follows: ( a) The average inside living area of dwelling units or sites within each tier , including both existing and � proposed units, is computed , not including decks, patios, � stoops, steps, garages, porches, or basements, unless they are habitable space. 1 1 25 . / ` � ' ( b) Select the appropriate floor area ratio from the following table: Commercial Planned Unit Development Floor Area Ratios Second and additional Sewered tiers on general unsewered development general lakes; first development tier on lakes; unsewered recreational general development development lakes; Natural lakes; urban transition environment Average unit agricultural , and forested lakes and floor area tributary river remote river (sq . ft. ) river segments segments segments 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1000 . 108 .054 .027 1100 . 116 .058 .029 1200 . 125 .064 .032 1300 . 133 .068 .034 1400 . 142 .072 .036 1500 . 150 .075 .038 For average unit floor areas less than shown , use the floor area ratios listed for 200 square feet. For areas greater than shown , use the ratios listed for 1 , 500 square feet. For recreational camping areas, use the ratio listed at 400 square feet . Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown , the ratio listed for 1 ,000 square feet' ( c) Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. (d ) Divide the total floor area by tier computed in item ( c) above by the average inside living area size determined in item (a) above to yield the base number of dwelling units and sites for each tier . 26 . . � � / ^ (e) Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier , density and suitability analysis herein and the design criteria in Section 320-50. Subd . C . DENSITY INCREASE MULTIPLIERS 1 . Increases to the dwelling unit or dwelling site base densities may be granted by the City Council if the following conditions are met: (a) Dimensional standards in Section 320-49 are met or exceeded . ( b) The design criteria in Section 320-50 are met or exceeded . ( c) The structure setbacks from the ordinary high water level are increased by 50 percent, or the structure setbacks are increased by 25 percent and vegetation , topography , or other visual blocking means substantially shield the development from view from public waters. (d ) 25 percent of the project area is maintained and managed in a natural open or vegetated state. 2 . Dwelling unit or dwelling site density increases for residential or commercial planned unit developments shall not exceed the following standards: Density evaluation tiers Maximum density increase within each tier ( percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 Subd . D . MAINTENANCE AND DESIGN CRITERIA 1 . Before final approval of a planned unit development , adequate provisions shall be provided for preservation and maintenance in perpetuity of open spaces and for continued existence and functioning of the development. 27 . . ' ' .^ ., 2. Deed restrictions, covenants, permanent easements, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: ( a) Commercial uses are prohibited ( for residential PUD' s) . ( b) Vegetation and topographic alterations other than routine maintenance are prohibited . ( c) Construction of additional buildings, storage of vehicles or equipment, and all forms of accessory storage are prohibited . (d ) Uncontrolled beaching of watercraft is prohibited . 3. All residential planned unit developments must include the establishment of a home owners association with the following features, unless other acceptable and adequate controls are available through city regulation or ordinance to accomplish the same goals: (a) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchaser . ( b) Each member must pay a pro rata share of the associations' s expenses, and unpaid assessments can become liens on units or sites. ( c) Assessments must be adjustable to accommodate changing conditions. (d ) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. Subd . E . OPEN SPACE REQUIREMENTS 1 . At least 50 percent of the total project area must be preserved as open space. 2 . Dwelling units or sites, road rights-of way , or land covered by road surfaces, and parking areas or structures, shall not be considered open space in the computation of this requirement . Boat launching sites, and their associated parking areas may be included as open space if their principle function and use is to support recreational use of the water body , and sufficient additional parking is provided to meet the needs of of the residential or commercial use of the property . 28 . . . . .. 3. Areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries, must be set aside as open space. Such areas may be used to fulfill the open space requirements of the development . 4 . Outdoor recreational facilities, such as play fields, tennis courts, and swimming pools, may be used to fulfill the open space requirements of the development, if they require no mechanical or motor driven equipment for their usual and normal use (except that swimming pools may have normal heat and filtration equipment) . 5. Subsurface sewage treatment facilities, including mound systems as defined in Chapter 263, may be located in open space areas if the space is restricted to avoid adverse impact on the systems. 6 . Commercial facilities or uses shall not be included as fulfillment of the open space requirement of any development . 7 . Areas used to fulfill the open space requirement shall be subject to restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means to protect their topography , vegetation allowable uses, and historical significance in perpetuity . B. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 70 percent of the shore impact zone within residential PUD' s, and at least 50 percent of the shore impact zone within commercial PUD' s shall be preserved in its natural or existing state. Subd . F . EROSION CONTROL AND STORMWATER MANAGEMENT 1 . Approval of all planned unit developments in shoreland areas shall be conditioned upon the preparation and approval of a stormwater management plan meeting the following requirements: ( a) During site development and construction , erosion shall be minimized by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetative buffer strips, or other appropriate technologies must be used to protect ( in so far as possible) sedimentation of surface waters and protected wetlands. 29 . . ' "� ° ( b) Stormwater control facilities shall be designed and constructed to effectively handle runoff from a 100 year storm event without severe erosion , and limit the rate of surface water runoff to replicate pre-development conditions. Impervious surface coverage in any tier must not exceed 25 percent of the tier area (except that 35 percent impervious surface coverage may be allowed for commercial PUD' s in the first tier of general development lakes with an approved stormwater management plan and compliance with the vegetation requirements of Section 320-51 ) . Subd . G . CENTRALIZATION AND DESIGN OF FACILITIES 1 . Where feasible, planned unit developments shall utilize municipal sewer and water services. On-site sewer and water services, where necessary , must be centralized and designed to meet the requirements of Chapter 263, and any special requirements of the Minnesota Department of Health and MPCA, � as well as the required setbacks specified in Section 320-49 of this ordinance. 2 . Dwelling units shall be clustered into one or more groups and located on sites suitable for their development. 3. Shore recreation facilities, including , but not limited to, swimming areas, docks, boat launching ramps, and watercraft mooring areas shall be centralized and located in areas which do not substantially conflict with public use of 1 public waters and limit (so far as possible) their visual impact from the water body , and provide for the public' s safety . Consideration in siting such facilities shall be given to land slope, water depth, vegetation , soils, depth to ground water and bedrock , and other relevant factors. Subd . H. LAND USE CONVERSIONS 1 . Existing resorts or other land uses may be converted into a residential planned unit development under the following conditions: (a) The proposed land use is in conformance with the current zoning classification for the property . ( b) The proposed PUD shall meet the requirements of the city ' s subdivision and shoreland ordinances in so far as possible, given the existing use of the property at the time of the application for a PUD. Any existing structures, facilities or land uses which will remain under the PUD shall be counted against the allowable land uses under city ordinance. ( c) Deficiencies regarding water supply , sewage treatment, structure color , impervious surface coverage, open space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the conditional use permit . 70 -. .. (d ) Encroachments into the shore and bluff impact areas shall be corrected where feasible, to include removal of extraneous buildings, docks, or other facilities, remedial measures to correct erosion damage, and the improvement of vegetative cover and screening of buildings and structures as viewed from the water. ( e) The conditional use permit for the PUD shall include adequate and appropriate controls on all nonconforming uses to insure they do not expand and are eliminated where possible. Such restrictions shall include, but are not limited to; prohibitions on the exterior expansion in any dimension , or substantial alteration , of existing dwelling units located in shore or bluff impact zones; relocation of dwellings, where feasible, to locations which comply with setback requirements; establishment of required vegetative screening ; and removal of non-complying , water-oriented recreational structures. ( f ) Existing dwelling unit or dwelling site densities may be allowed to continue in such location as existed prior to the PUD, but at no time, either at conversion or in the future, shall they be increased . During conversion , high densities shall be mitigated through improved vegetative screening , centralizing shore recreation facilities, installing new sewage treatment systems, seasonal use controls here appropriate , or other means. 2 . The number of spaces provided for the beaching , mooring , or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier of the development, notwithstanding mooring sites in an existing commercially used harbor . Launching ramp facilities, including a dock not extending more than 30 feet over the water from the ordinary high water line, may be provided for use by the residents of the PUD. 3. Accessory structures, except water oriented recreational facilities, shall shall be centralized and meet the setback requirements of the principle structures on the site. 4 . Water-oriented accessory structures and facilities shall be allowed in accordance with Section 320-50, Subd . B. Section 3. PENALTY . Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor . Each day such violation continues shall be considered a separate offense . Section 4 . SEVERABILITY . If any part of this Ordinance shall be held void , such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this Ordinance. 31 Section 5. EFFECTIVE DATE. This Ordinance shall be in full force an effect from and after its passage and publication according to law. Upon roll call , members voting AYE: Barnes, Goiffon , LaValle, Leroux , Miron Voting NAY: None Whe eup n s id Ordinance was declared passed an adopted this —674( day of 1995. Fra iron , Mayor ATTEST: Mary ��^Creager, CiClerk 7 � �� Summary of ordinance published in the White Bear Press this 13th day of September , 1995. � 32 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota CITY OF HUGO Statute 331A.02, 331A.07, and other applicable laws, as amended. NOTICE OF ORDINANCE ENACTMENT The Hugo City Council adopted and passed (B)The Printed PUBLIC NOTICE Ordinance 1995-305,entitled"AN ORDINANCE REGULATING THE DEVELOPMENT OF SHORELANDS ORDINANCES", AND REPEALINGn September 5, 19 S- 5, which is attached was cut from the columns of said newspaper, and TENT ORDINANCES", on 5, 1995, a complete copy of which is on file and avail- able for inspection by the public during regular was printed and published once each week, for ONE successive weeks; office hours in the office of the City Clerk, Hugo City Hall, 5524 Upper 146th Street, Hugo, MN. it was first published on WEDNESDAY , the 13 day of In compliance with M.S.A. 412.191, Subd. 4, the Hugo City Council has directed that the fol- SEPTEMBER, 19 9 and was thereafter printed and published on lowing Summary of said Ordinance by pub- lished: every to and including SUMMARY The ordinance establishes revised Stan- the day of , 19 ; and printed below is a dards for land development within 1,000 feet of the ordinary high water level of certain lakes, copy of the lower case alphabet from A to Z, both inclusive, which is ponds, and streams in the City of Hugo. Provisions of the Ordinance regulate minimum hereby acknowledged as being the size and kind of type used in the lot sizes, building setbacks, shoreland frontages, erosion control requirements, and composition and publication of th otice: other standards to protect the water bodies from being degraded by adjacent development. abcdefghijklmnopqrstuvwxyz Fran Miron,Mayor / ATTEST: 7/40/14k, .}1. Mary Ann Creager,City Clerk Published in the White Bear Press September 13,1995. TITLE: Publisher Subscribed and sworn to before me on this 13 day of SEPTEMBER ,19 95. Notary Public, Ramsey County, Minn. My commission expires JANUARY 31 , RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable $ 3.10 space. (Line,word, or inch rate) (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line,word, or inch rate) (3)Rate actually charged for the $ above matter. (Line, word, or inch rate)