HomeMy WebLinkAbout0784 Ord (Shoreland Management Regulations
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ORDINANCE NO. 784
AN ORDINANCE AMENDING CHAPTER 31 OF THE STILLWATER CITY CODE
BY ADDING SUBDIVISION 33, SHORELAND MANAGEMENT REGULATIONS
The City Council of the City of Stillwater does ordain:
Section I. Amendin2. Chapter 31" Subd 33 of the Stillwater City Code is added and shall
hereafter read as follows:
"Subd.33. Shoreland Management Regulations
Subd. 1. INTENT AND PURPOSE. The city finds that the protection of lakes, streams and
water courses within its boundaries is critical for the health, safety, order and general welfare of
its citizens and to preserve and enhance the quality of surface water and preserve the economic
and natural environmental values of shoreland.
It is the intent of the city to preserve shore land areas for the purpose of:
1. Regulating the areas of a lot and the length of water frontage suitable for building sites.
2. Regulating the alteration of shorelands of public waters.
3.
Regulating alterations of the natural vegetation and the natural topography along
shorelands.
4. Conversing and developing natural resources and maintaining a high environmental
quality.
Subd. 2. GENERAL PROVISIONS AND DEFINITIONS
1. Compliance. The use of any shoreland of public waters; the size and shape of its; the use,
size, type and location of structures on lots; the installation and maintenance of water
supply and waste treatment systems, the grading and filling of any shore land area; the
cutting of shoreland vegetation; and the subdivision of land shall be in full compliance
with the terms of this ordinance and other applicable regulations.
2. Enforcement. The Community Development Director is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by
law.
3.
Interpretation. In their interpretation and application, the provisions of this ordinance
shall be held to be minimum requirements and shall be liberally construed in favor of the
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governing body and shall not be deemed a limitation or repeal of any other powers
granted by state statutes.
4.
Severability. If any section, clause, provision or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected.
5.
Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions, the provisions
of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent of the inconsistency only.
6.
Definitions. Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give the same meaning as they have in common usage and so
as to give this ordinance its most reasonable application. For the purpose of this
ordinance, the words "must" and "shall" are mandatory and not permissive. All distances,
unless otherwise specified, shall be measured horizontally.
7.
Accessory structure or facility. Accessory structure or facility means any building or
improvement subordinate to a principal use which, because of the nature of its use, can
reasonably be located at or greater than normal structure setbacks.
8.
Bluff. Bluff means topographic feature shall as a hill, cliff or embankment having the
following characteristics (an area with an average slope of greater than 18 percent over a
distance for 50 feet or more shall not be considered part of the bluff):
a. Part of or all of the feature is located in the shore land area.
b. The slope rises at least 25 feet above the ordinary high water level of the
waterbody.
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.
9. Bluff Impact Zone. Bluff impact zone means a bluff and land located within 40 feet
from the top of the bluff.
10. 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.
11.
Commercial Planned Unit Development. 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.
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12.
Commercial Use. Commercial uses means the principal use of land or buildings for the
sale, lease, rental or trade or products, goods and services.
13. Commissioner. Commissioner ofthe Department of Natural Resources.
14. Conditional Use. Conditional use means a l~d use or development as defined by
ordinance that would not be appropriate generally but may be allowed with appropriate
restrictions as provided by official controls upon a finding that certain conditions as
detained in the zoning ordinance exist, the use or development conforms to the
comprehensive land use plan of the community and the use is compatible with the exiting
neighborhood.
15. Deck. Deck means a horizontal, unenclosed platform with or without attached railings,
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.
16. 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.
17. Forest Land Conversion. Forest land conversion means the clear cutting or forested lands
to prepare for a new land use other than reestablished of a subsequent forest land.
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18.
Hardship. Circumstances unique to an individual property which would deny the
property owner a reasonable use of the land.
19. Height of Building. Height of building means the vertical distance between the highest
adjoining ground level at that building or ten feet above the lowest ground level,
whichever is lower, and the highest point of a flat roof or average height of the highest
gable of a pitched or hipped roof.
20. Industrial Use. Industrial use means the use ofland or buildings for the production,
manufacture, warehousing, storage or transfer or goods, products, commodities or other
wholesale items.
21. Intensive vegetation clearing. Intensive vegetation clearing means the complete removal
of trees or shrubs in a contiguous patch, strip, row or block.
22.
Ordinary High Water Level. 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.
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23.
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, cooperatives, full fee ownership, commercial
enterprises, or any combination of these, or cluster subdivisions of dwelling units,
residential condominiums, townhouses, apartment buildings, campgrounds, recreational
vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these
uses.
24. Public Waters. Public waters means any waters as defined in Minnesota Statutes, Section
105.37, Subds. 14 and 15.
25. 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.
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26.
Semipublic Use. Semipublic use means the use ofland by a private, nonprofit
organization to provide a public service that is ordinarily open to some persons outside
the regular constituency of the organization.
27. 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.
28. 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 or other facility and an ordinary high water level, sewage treatment system, top of
a bluff, road, highway, property line or other facility.
29. Sewage Treatment System. Sewage treatment system means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as
described and regulated in Section 5.8 of this ordinance.
30.
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Sewer System. Sewer system means pipelines or conduits, pumping stations, and force
main, and all other construction, devices, appliances or appurtenances used for
conducting sewage or industrial waste or other wastes to a point of ultimate disposal.
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31.
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.
32. Shoreland. 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 streams or the landward extent of a floodplain designated by
ordinance on a river or streams, 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.
33. 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 is listed in the State Register of Historic Places or is determined to be
an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section
307.08. A historic site meets these criteria ifit is presently listed on either register or if it
is determined to meet the qualifications for listing after review by the Minnesota state
archaeologist or the director of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be significant historic sites.
34.
Steep Slope. 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 lands having average slopes over 12 percent,
as measured over horizontal distances of 50 feet or more, that are not bluffs.
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35. Structure. Structure means any building or appurtenance, including decks, except aerial
or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower,
poles and other supporting facilities.
36. Subdivision. Subdivision means land that is divided for the purpose of sale, rent or lease,
including planned unit developments.
37. Surface Water-oriented Commercial Use. Surface water-oriented commercial use means
the use of land for commercial purposes, where access to and use of a surface water
feature is an integral part of the normal conductance of business. Marinas, resorts and
restaurants with transient docking facilities are examples of such use.
38. Toe ofthe Bluff. Toe of the bluff means the lower point ofa 50-foot segment with an
average slope exceeding 18 percent.
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39.
Top of the Bluff. Top of the bluff means the higher point of a 50-foot segment with an
average slope exceeding 18 percent.
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40.
Wetland. Wetland means a surface water feature classified as a wetland in the United
States Fish and Wildlife Service Circular No. 30 (1971 Edition).
Subd.3. ADMINISTRATION
1. Permits Required. A permit is required for the construction of buildings or building
additions (and including such related activities as construction of decks and signs)
alteration of sewage treatment systems and grading and fill activities. The application
shall include the necessary information so that the Community Development Director can
determine the sites suitability.
2. Notification to the Department of Natural Resources. Copies of all notices of any public
hearing to consider variances, amendments or conditional uses for those lakes which are
classified with the criteria found in Minnesota Regulations Part 6120.3300 and the
Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the
Commissioner or the Commissioner's designated representative and postmarked at least
ten days before the hearing. Notice of the hearing to consider proposed subdivisions/plats
must include copies of the subdivision/plat.
3.
Variances. Variances may only be granted in accordance with Minnesota Statutes
Chapter 4623 as applicable. A variance may not circumvent the general purposes 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
adjustment must also consider whither the property owner has reasonable use of the land
without the variance, whether the property is used seasonally or year-round, whether the
variance is being requested solely on the basis of economic considerations, and the
characteristics of development on adjacent property.
The Planning Commission shall hear and decide requests for variances in accordance
with the rules that it has adopted for the conduct of business. 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 2 shall
also include the Commission's summary of the public record/testimony and the findings
of facts and conclusions which supported the issuance of the variance.
4. Reconstruction of Nonconforming Sewage Treatment Systems. A permit authorizing an
addition to an existing structure shall stipulate that an identified nonconforming sewage
treatment system, as defined in Subd. 8 shall be reconstructed or replaced in accordance
with the provisions of the Uniform Building Code.
5.
Certificate of Zoning Compliance. The Community Development Director shall issue a
certificate of compliance for each activity requiring a permit as specified in Subd. 9 (1) of
this ordinance. This certificate will specify that the use of land conforms to the
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requirements of this ordinance. Any use, arrangement, or construction at variance with
that authorized permit shall be deemed a violation of this ordinance and shall be
punishable as provided in Subd. 4 of this ordinance.
Subd. 4. SHORELAND CLASSIFICA nON SYSTEM AND LAND USE DISTRICTS. The
public waters of the City of Stillwater have been classified consistent with the criteria found in
Minnesota Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington
County, Minnesota.
1. Lakes and Streams.
a. Natural Environment.
South Twin Lake (82-19W)*
b. Recreational Development.
Long Lake(82-21P)
c. General Development
Lily Lake (82-23P)
Lake McKusick (82-20W)
d.
Streams and Rivers.
Brown's Creek and its tributaries.
2. Land Use Districts for Lakes. All lands within shore land areas in the City of Stillwater
shall be designated as a Residential Use District. The following uses are permitted:
a. Permitted Uses.
1. Single Family Residential.
2. Parks and Historic Sites.
3. Agricultural cropland and pasture.
b. Uses permitted with a Special Use Permit.
1. Cluster residential development with the density not to exceed the
development regulations of the zoning district.
3. Land Use Districts for Rivers.
a. Permitted Uses.
1.
Single Family Residential.
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2.
Parks and Historic Sites.
b. Uses permitted with a Special Use Permit.
1. Cluster residential development with the density not to exceed the
development regulations of that zoning district.
Subd.5. ZONING AND WATER SUPPLY/SANITARY PROVISIONS.
1. Lot Area and Width Standards. The lot area and lot width standards for single family
residential lots created after the date of enactment of this ordinance for any lake and
river/stream classification are the following:
a. Unsewered Lakes
Natural Environment
Recreational Development
General Development
b. Sewered Lakes
Natural Environment
Recreational Development
General Development
Area Width (ft)
2.5 acres
2.5 acres
2.5 acres
200'
200'
200'
40,000 sq. ft.
20,000 sq. ft.
15,000 sq. ft.
125'
75'
75'
Subd. 6. PLACEMENT OF STRUCTURES ON LOTS. When more than one setback applies to
a site, structures and facilities must be located to meet all setbacks.
1. Structure and on-site sewage system setbacks from the ordinary high water mark.
Classes of Public Waters
Structures
Unsewered Sewered
Lakes
Natural Environment
Recreational Development
General Development
Unclassified water bodies
Rivers
Tributaries
200
100
75
75
200
200
Sewage
Treatment
System
150
75
50
50
150
150
150
75
75
75
150
150
2.
Additional Structure Setbacks. The following additional structure setbacks apply,
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regardless of the classification of the waterbody:
Setback From:
Setback (in feet)
Top of bluff
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Subd.7. DESIGN CRITERIA FOR STRUCTURES.
1. High Water Elevations. Structures must be placed in accordance with any floodplain
regulations applicable to the site. Where these controls do not exist, the elevation to
which the lowest floor, including basement, is placed or floodproofed must be determined
as follows:
a. For lakes, by placing the lowest floor at a level at least three feet above the
highest known water level or three feet above the ordinary high water level,
whichever is higher.
b.
F or rivers and streams, by placing the lowest floor at least three feet above the
flood of record, if data is available. If data is not available, by placing the lowest
floor at least three feet above the ordinary high water level, or by conducting a
technical evaluation to determine effects of proposed construction upon flood
stages and flood flows and to establish a flood protection elevation. Under all
three approaches, technical evaluations must be done by a qualified engineer or
hydrologist consistent with the Washington County Floodplain Management
Ordinance. If more than one approach is used, the highest flood protection
elevation determined must be used for placing structures and other facilities.
2. 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 all of the following design requirements:
a. Stairways and lifts must not exceed four (4) feet in width on residential lots;
b. Landings for stairways and lifts on residential lots must not exceed 32 square feet
III area;
c. Canopies or roofs are not allowed on stairways, lifts or landings;
d. Stairways, lifts and landings may be either constructed above the ground on posts
or pilings or placed into the ground, provided they are designed and built in a
manner that ensures control of soil erosion.
e.
Stairways, lifts and landings 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; and
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f.
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 subitems (a) to (e) are complied with in
addition to the requirements of Minnesota Regulations, Chapter 1340.
3. Significant Historic Sites. No structure may be placed on a significant historic site in a
manner that affects the values of the site unless adequate information about the site had
been removed and documented in a public repository.
4. Steep Slopes. The applicant must evaluate possible soil erosion impacts and development
visibility from public waters before applying for a permit for construction of sewage
treatment systems, roads, driveways, structures or other improvements on steep slopes.
When determined necessary, conditions must be attached to issued permits to prevent
erosion and to preserve existing vegetation screening of structures, vehicles and other
facilities as viewed from the surface of public waters, assuming summer, leaf-on
vegetation.
5. Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must not exceed 35 feet in height.
6.
Shoreland Alterations. Alterations of vegetation and topography will be regulated to
prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve
historic values, prevent bank slumping and protect fish and wildlife habitat.
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7 . Vegetation Alterations.
a. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas are exempt
from the vegetation alteration standards that follow.
b. Removal or alteration of vegetation is allowed subject to the following standards:
1. Selective removal of natural vegetation shall be allowed, provided
sufficient vegetative cover remains to screen cars, dwellings and other
structures, piers, docks and marinas, when viewed from the water.
2. No cutting or removal of trees over six inches in diameter measured at a
point two feet above ground level within the required building setback
shall be permitted unless the trees are dead or diseased. A certificate of
compliance must be obtained prior to the removal of any trees.
3.
Natural vegetation shall be restored insofar as feasible after any
construction project is completed in order to retard surface run-off and soil
eroSIOn.
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4.
The provisions of this section shall not apply to allowed uses which
normally require the removal of natural vegetation or to the removal of
trees, limbs, or branches that are dead, diseased, or pose safety hazards.
5. Connections to Public Waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and
harbors will only be allowed after the Department of Natural Resources
has approved the proposed connection to public waters.
8. Placement and Design of Roads, Driveways, and Parking Areas.
a. Public and private roads and parking areas must be designated to take advantage
of natural vegetation and topography to achieve maximum screening from view
from public waters. Documentation must be provided by a qualified individual
that all roads and parking areas are designed and constructed to minimize and
control erosion to public waters consistent with the field office technical guides of
the local soil and water conservation district, or other applicable technical
materials.
b. All new roads, driveways and parking areas must meet water body structure
setbacks and must not be placed within bluff and shore impact zones.
c.
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 conditions of this subpart are met and a certificate
of compliance is issued by the Community Development Director.
9. Specific Standards.
a. Impervious surface coverage of lots must not exceed 25 percent of the lot area.
b. When constructed facilities are used for stormwater management, documentation
must be provided by a registered engineer that they are designed and installed
consistent with the field office technical guide of the local soil and water
conservation district.
c. New constructed stormwater outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
10. Standards for Public Uses.
a.
Surface water-oriented public uses with similar needs to have access to and use of
public waters may be located on parcels or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
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1.
In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this ordinance, the uses must be designed to
incorporate topographic and vegetative screening of parking areas and
structures.
2. Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need.
3. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
a. No advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying information or
safety messages may be placed in or on public waters by a public
authority or under a permit issued by the county sheriff.
b.
Sings may be placed, when necessary, within the shore impact
zone if they are designed and sized to be the minimum necessary to
convey the location and name of the establishment and the general
type of goods or services available. The signs must not contain
other detailed information such as product brands and prices, must
not be located higher than ten feet above the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lights, the
lights must be shielded or directed to prevent illumination out
across public waters. A sign permit must be obtained from the
Community Development Director.
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c, Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential
safety hazards and is shielded or otherwise directed to prevent
direct illumination out across public waters. This does not
preclude use of navigational lights.
11. Agricultural Use Standards.
a.
General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming and wild crop harvesting are permitted uses if steep slopes and shore and
bluff 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 districts or
the United States Soil Conservation Service, as provided by a qualified individual
or agency. The shore impact zone for parcels with permitted agricultural land
uses is equal to a line parallel to and 50 feet from the ordinary high water level.
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12.
Forest Management Standards. The harvesting of timber associated reforestation must be
conducted consistent withthe provisions of the Minnesota Nonpoint Source Pollution
Assessment-Forestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota".
13. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to
the review and approval procedures and criteria and conditions for review of conditional
uses established in the Stillwater Zoning Ordinance. The following additional evaluation
criteria and conditions apply within shore land areas.
a. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic,
vegetation and soil conditions on the site must be made to ensure:
1. The prevention of soil erosion or other possible pollution of public waters,
both during and after construction.
2. The visibility of structures and other facilities as viewed from public
waters is limited.
.3. The site is adequate for water supply and on-site sewage treatment.
4.
The types, uses and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely
accommodate these watercraft.
Subd. 8. NONCONFORMING USES/SUBSTANDARD STRUCTURES.
1. Legally Established Nonconformities. All legally established nonconformities as of the
date of this ordinance may continue, but they will be managed according to applicable
state statutes and other regulations of the City of Stillwater for the subjects of alterations
and additions, repair after damages, discontinuance of use, and intensification of use;
except that the following standards will also apply in shoreland areas.
a. A lot or parcel of land which was of record as a separate lot or parcel in the office
of the Washington County Recorder or Registrar of Title, on or before January 1,
1973 which is in a residential or agricultural district may be used for single family
detached dwelling purposes, without a variance, provided the area and width
thereof are with in 60 percent of the minimum requirements of Subd. 4 of this
ordinance, provided all setbacks requirements of this ordinance can be maintained
and provided it can be demonstrated that either two safe and adequate sewage
treatment systems can be installed to service such permanent dwelling or the
dwelling is served by sanitary sewer.
b.
If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Subd. 4 of this ordinance, the lot
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must not be considered as a separate parcel of land of 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 full requirements of
Subd. 4 of this ordinance.
c.
Restoration of Nonconforming Uses and Substandard Buildings or Structures. A
nonconforming use or substandard building or structure which is damaged or
destroyed by fire, flood, wind, earthquake or other calamity may be restored and
the occupancy or use of such building, structure or part thereof, which exited at
the time of such partial destruction, may be continued or resumed, provided that
the restoration is stared within a period of one year and is diligently prosecuted to
completion, unless the damage to such building or structure is equal to 50 percent
or more of the replacement cost thereof (as determined by the building official) in
which case, the reconstruction shall conform to the provisions of this ordinance,
not to exceed the gross square footage of the previous structure.
d.
Preservation of Nonconforming Uses. Any lawful use of land existing on the
effective date of this ordinance may be continued, although such use is not
allowed by this ordinance, however, such use of structure shall not be expanded or
intensified.
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Subd.9. ADDITIONS/EXPANSIONS TO SUBSTANDARD STRUCTURES
1.
All additions or expansions to the outside dimensions (including upward expansions) of
an existing nonconforming structure must meet the setback, height and other
requirements of Subd. 7 of this ordinance. Any deviation from these requirements must
be authorized by a variance pursuant to the Zoning Ordinance.
2. 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 and standards are
met:
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a. The structure existed on the date the structure setbacks were established.
b. A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure.
c. 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.
d. No deck on a nonconforming structure shall exceed 10 feet in width.
e.
The deck is constructed primarily of wood and is not roofed or screened.
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f.
A certificate of compliance is obtained from the Community Development
Director.
Subd. 10. EXCEPTION TO BUILDING SETBACKS.
1. Exceptions to the building setback from the ordinary high water mark for substandard
structures that are setback a minimum of30 feet from the ordinary high water mark on
sewered lots or a minimum of 45 feet from the ordinary high water mark on unsewered
lots.
a. An extension, enlargement or alteratipn of an existing substandard structure may
be permitted on the side of the struct~e facing away from the water body
provided the improved structure is in) compliance with all other requirements of
this ordinance. '
2. Exceptions to the building setback from the ~ideyard and street right-of-way.
a. An extension, enlargement or alterat~on of an existing substandard structure may
be permitted on the side of the struc$e facing away from the sideyard or street
provided the encroachment into the slide or front yard is not increased and the
improved structure is in compliance with all other requirements of this ordinance.
3.
Nonconforming sewage treatment systems. A sewage treatment system no meeting the
requirements of the Washington County Individual Sewage Treatment System Ordinance
must be upgraded, at a minimum, at any tim~ a permit or variance of any type is required
for any improvement on, or use of, the prop~rty, with the exception of nonhabitable
spaces, ( decks, porches). In addition, at tim~ of sale or upon receipt of a complaint, the
property shall be inspected and if the sewag~ system is found to be nonconforming, a new
conforming system must be installed within !90 days.
II. Saving. In all other ways the Stillwater City Code shall remain in full force and effect.
III. Publication and Effective Date. This ordinahce shall be in full force and effect from and
after its passage and publication according tp law.
Adopted by the City Council this 15ttUayof Marrch
,1994.
/1& 0. 'lJtd~
~ .. '.a" ~/ .. / a
Charles M. Hooley, May
Attest:
CD~(J~ ~
l CIty Clerk
..cf
-...:..ir.
..-
.
e
e
RESOLUTION NO
94-97
BE IT RESOLVED, by the City Council of the City of Stillwater that an
ordinance amendment has been adopted by thelCity Council amending the stillwater
City Code by adding Chapter 31.01, Subd. 33, "Shoreland Management Regulations,"
and that the Council by four-fifths of its ~embers, does find that the attached
Title and Summary of the ordinance as prepar~d by the City Attorney, does clearly
inform the public of intent and effect ',of the ordinance and the form of
publication is approved. This action is g~ven as authorized by the Stillwater
City Charter, Article V, Sf. The form thab shall be published is as set forth
hereafter:
TITLE AND SUMMARY
ORDINANCE NO~' 784
AN ORDINANCE AMENDING THE !CITY OF STILLWATER
CITY CODE, BY ADDING CHAPT~R 31.01, SUBD. 33
SHORELAND MANAGEMENT! REGULATIONS
1.
The ordinance regulates developIl.lent within the City that involves
lakes, streams and watercourses.
Lot areas and lot size and frontage
requirements are established and the alteration of shorelands is regulated,
including rules for the protection of natur~l vegetation and topography of the
shoreland.
2. This ordinance provides for the procedure to be used and the standards
to be applied when the Community Development Director reviews a permit request
and the ordinance requires that the Depart~ent of Natural Resources be given
notice of any hearing for a variance, ordinatce amendment or special use permit.
3. A printed copy of the ordinance ~s available for inspection by any
person during the regular office hours of the City Clerk, and during regular
office hours at the Stillwater Public Library.
4. Effective Date. This ordinance shall be in full force and effect from
and after its passage and publication accorqing to law.
Adopted by the City Council of the City of stillwater this ~ day of
April
1994.
() h r,Jr ~~~nr}-~~p
~-r es M. ooley, Mayor~. .-
Ii
Attest:
~ '" ,L lL), O~
Mor i Weldon, City C erk
). I I) , (1
( ~~,-,~\,,-.c-~j
~/\j5)qi
e
e
.
26th
day of
. 19..9.4...
if
ELEANOR E
NOTARY PUBLIC. ,
WASHINGTON
Uy CoIMliuion Expir.
. · ....... 0...... Atiri U. 1.' . ;
! ,. RdOUmQtU(O......
. ..BE ITAESOI.VEO. by~'C$ilY ~ of
the CilY 01 Stil~ter that an ordinarlCe amencf,.
menttl8l been adopte,d _ .the CilY. ~ncil
amenlllnOJh& Sb1lwater CI'ty Code by addir)g
Chapter 31.0'1. . Subd.as; "ShoreIlIl'ld Man-
agement Regulalio~," fRdthat the.Ooundl
by lour.flfths 01 ita metnbel:s, dllesllnd ~ IIw>f
atfaChed Tille and summary of the ordln8nce
as prepared by the City AttOrney. doeS cIeer\y
inform the publiC of.intllnt and effect 01 the or.
alll8llCEl and the fOrm of publica1Ion is &p'
rmMd. This acltIon is 9iYeft .. autborIzed by
the SllIlWater City Charter, MlcleV.". The
fonn theUhall be publishlld Is.. set ~
hereafter: .
.' . Tn'LEANDeuMMAJIlY
. ORDINANClNO. 784 .' .
AN OROINANCE AMENDING THE CIfY
OF StiLLWATER CITY CODE. BY A!)OINQ
. . 'CHAptER 31.01. ~83SHORELAND
. MANAGEIIEN'f.~TIONS. .
1. The ordinance .regula&es devetopment
within the. CilY that invoIvef lakes. snama
aDdw~. Lot areaa8nil lOt size and
fronta(1e regllir$nents are es.lished and the
alteration. of shoAl\art~s is ~18ted.lnd!ldlng .
rult& for ,the~. Ofmatural vegelltioh
. and JOPOgraphy 01 the-shorel1!.nd.
, 2.1T~ordin~~ for th.'pI'Oc:edure
. to tIlt1used ~Ihe lit8ndardS to be applied
when the Communitj DeVelopment Director
reviewll a permit request and theorcl~ ""
quirel that the 0eparIn\ent"" of.~ Re-
sources be given no1ice ~any hearing for a
variance; ordinance ~ror 81*181
useperrnlt '<. " .,.. . ........... .
. 3. A. printed copy{JI ~~~du~~
able lor'lnspectiOn byany:per~1 ,0"""."
regular office hoUl:a of the CIty ~.W.,.
ing regular ofIice hourS at the Sli\lWater f'lbIic:
Library.. .. .
, 4.~Date;1'hisOldirlllllice.nll~!n
fun _ and effect fl\)m _... itS passaoe
and flI,lbIicallOn l!.CCOrd'mg to law.. . . 'i
Addpted ,by .1f\e. CI~'CouncII of the CllY of .'
Stillwater lhit 19th day of AprlI, 1994... .
IS!C~ M. Hooley .
Chartes Hooley. Mayor .
Attest . .
IslMorUm .
MorIi WiIldon. lY ~
~s
.
Affldavll of Publication
STILLWATER EVENING GAZETTE
STATE OF MINNESOTA
COUNTY OF WASHINGTON
)
)...
)
Mike Mahoney. tilting duly sworn, on oath says that he is the publisher or authorized agent
and employee of the publisher of the newspaper known as Stillwaler Evening Gazette. and
has full knowledge of the facts which are stated below.
(A) The newspaper has complied with all of the requirements constituting quallllcation as a quali.
fied newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other 8PPIlcablelawa. as
amended.
(BITheprinted R@~gl\,(tion NQ. 94 97
Title and Summary 0 Ordinance No. 784
which is attached was cut from the columns of Hid newspaper, IIl'ld was printed IIl'ld published once
each week. far 1 successi... ~; It was first pubUshed on
Man. .the ?5th day of April . 19..9.4..,andWas
thereafter printed WId published on every M 0 n . lD WId including the
?!1th day of April ,19.9.4..;andprlntadbelowiucopyof
the lower case 8Iphabet from A lD Z. both incIusi.... which Is hereby 8CIcnawledged as being the size
e and kind of type UMd.in !he comJlOlition and publicallon of !he nolIce:
abcdelghijklmnopqrstuvwxyz BVii.'L ~;a.",-~
TITLE: Publisher
Subscribed and .-n II) before me on thIa
Apri 1
~;-7_ <?:M-L!-
Notary Public
RATE INFORMATION
(1) Lo_st classified rate PBid by commercial users for comparable space * 1 4 . 78
(Line. word. or inch rata)
"",."'1'
t'c
-~~~~
(2) Maximum rate anowed by law far the abo... matter
*
(Line, word. or inch rata)
14.78
*
(Line, word. or inch rata)
(31 Rate actually charged far the aIlo... matter
Received Payment
STILLWATER EVENING GAZETTE
.19_
By
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