HomeMy WebLinkAbout0706 Ord (Riverway Bluffland/Shoreland)
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STATE OF MINNESOTA
CITY OF STILLWATER
CITY COUNCIL
ORDINANCE ADOPTION
In the matter of Ordinance No. 706
Riverway Bluffland/Shoreland Ordinance
ORDER FOR ENACTMENT
OF ORDINANCE
The above entitled ordinance came before the Council for a first reading on
May 16, 1989 and a second reading and enactment on June 6, 1989 pursuant to
C i ty Code.
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STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF STILLWATER
OFFICE OF THE CITY CLERK
I, Mary Lou Johnson, City Clerk, for the City of stillwater, Minnesota, do
hereby certify that I have compared the foregoing copy and Order enacting
Ordinance No. 706, Riverway Bluffland/Shoreland Ordinance, with the original
record thereof preserved in my office, and have found the same to be correct
~nd true transcript of the whole thereof.
~ IN TESTIMONY WHEREOF, I have hereunto s~bscribed my hand and the seal of the
City of Stillwater, Minnesota, in the County of Washington on the 10th day of
January, 1991.
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C CLERKti
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ORDINANCE 706
AN ORDINANCE AMENDING
THE RIVERWAY BLUFFLAND/SHORELAND ORDINANCE
STILLWATER CITY CODE 31.03
The City Council of the City of Stillwater does ordain:
Subdivision 1. PURPOSE. This Ordinance is adopted for the purpose of:
(~) Designating suitable land use districts along the bluffland and
shoreland of the Lower St. Croix River.
(2) Regulating the area of a lot, and the length of bluffland and water
lot frontage suitable for building sites.
(3) Regulating the setback of structures and sanitary waste treatment
facilities from blufflines to protect the existing and/or natural scenic
values, vegetation, soils, water, and bedrock from disruption by man-made
structures or facilities.
(4) Regulating the setback of structures and sanitary waste treatment
facilities from shorelines to protect the natural scenic value, floodplain,
and water quality.
(5) Regulating alterations of the natural vegetation and topography.
(6) Conservtng and protecting the natural scenic values, historical and
cultural resources of the river valley and maintaining a high standard of
environmental quality consistent with the National Scenic Rivers Act (PL
90-542 and Lower St. Croix Act (PL 92-560) and Master Plan, and with
Minnesota Department of Natural Resources Standards and Criteria for the
Lower St. Croix National Scenic Riverway (Minnesota Rules Part 6105.0351 to
,. 6105.0550).
....
Subd. 2. DEFINITIONS.
(1) Construct ion.
(A) In the,event of conflicting prov1s10ns in the text of this
Ordinance, and/or other Ordinances, the more restrictive provision
shall apply. The Community Development Director shall determine
which is more "restrictive". Appeals from such determination may
be made to the City Council.
(B) Words used in the present tense include the past and future tense;
the singular number includes the plural and the plural includes the
singular; the word II shall II is mandatory, the word "may" is
permissive.
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(C) The provisions of this Ordinance are in addition to and not in
replacement of other provisions of the Zoning Ordinance. Any
provision of the Zoning Ordinance relating to the Lower St. Croix
Riverway shall remain 1n full force and effect except as they may
be contrary to the provisions of this Ordinance.
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(D) Unless otherwise specified, all distances shall be measured
horizontally.
(2) Definitions. For the purpose of this Ordinance, certain phases and
words are hereby defined as follows:
(A) "Accessory Use" means a use subordinate to and serving the
principal use on the same lot and customarily incidental thereto.
(B) "Appurtenance" means a structure subordinate to and serving the
principal structure on the same lot and customarily incidental
thereto such as garages, decks, essential services, signs, docks,
and stairways and lifts, except that appurtenance does not include
private water supply and sewage and waste disposal systems below
the ground.
(C) "Bluffline, Riverway" means a line along the top of a slope in the
Riverway District connecting the points at which the slope,
proceeding away from the river or adjoining watershed channel,
becomes less than 12% and it only includes slopes greater than 12%
visible from the river or any water course tributary to the river.
The location of the bluffline for any particular property shall be
certified by a registered land surveyor or the zoning
administrator. More than one bluffline may be encountered
proceeding away from the river or adjoining watershed channel. All
setbacks required herein shall be applicable to each bluffline.
(D) "Butlding Line" means a line measured across the width of the lot
at the point where the principal structure is placed in accordance
with setback provisions.
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(E) "Channel" means a natural or artificial depression of perceptible
extent with a definite bed and banks to confine and conduct flowing
water either continuously or periodically.
(F) "Commissioner" means the Commtssioner of Natural Resources.
(G) "Conservancy" me~.n~.~!HLPr.actice or implementation of policies for
the protection and preservation of the natural character of lands
for th~ir value to scenic enjoyment, wildlife, water and soil
conservation, flood plain management, forestry, and other such
purposes.
(H) "Dwelling Unit" means a residential accommodation which is
arranged, designed, used, or intended for use exclusively as living
quarters for one family.
(I) "Harbor" means a portion of body of water along or landward of the
natural shoreline deep enough for recreational watercraft
navigation, and so situated with respect to shoreline features as
to provide protection from winds, waves, ice, and currents. Natural
harbors consist of bays and estuaries, while artificial harbors are
constructed by dredging.
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(J) "Marina" means an area of concentrated small craft mooring, where
ancillary facilities may be provided for some or all of such
services as fueling, sewage pumpout, boat launching, boat repair,
and boat storage; except that marina does not mean temporary docks
associated with riparian residential development if the mooring
area is of a size not to exceed the resource limitations of the
site and the needs of the residents of the development.
(K) "Non-Conforming Use" means any use of land legally established
before the effective date of this Riverway Bluffland/Shoreland
Ordinance which does not conform to the zoning district use
regulations.
(L) "0rdinary High Water Mark" means a mark delineating the highest
water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. In areas
where the ordinary high water mark is not evident, setbacks shall
be measured from the stream bank of the following water bodies that
have permanent flow or open water; the main channel, adjoining side
channels, backwaters, and sloughs.
(M) "Riverway Boundary" means a legally described line delineating the
landward extent of the St. Croix Riverway subject to these
regulations, City Code 31.03.
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(N) "Scenic Easement" means an interest in land, less than fee title,
that limits the use of the land for the purpose of protecting the
scenic, recreational, and natural characteristics of areas in the
St. Croix Riverway. Unless otherwise expressly-and specifically
provided by mutual agreement of the parties, the easement shall be;
perpetually held for the benefit of the people of Minnesota;
specifically enforceable by its holder or any beneficiary; and
binding on the holder of the servient estate, his heirs,
successors, or assigns. Unlesf specifically provided by the
parties, no such easement shall give the holder or any beneficiary
the right to enter...onthe land except for enforcement of the
easement.
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(0) "Screen1ng" means existing or planted vegetation or topography
which makes any structure on any property visually inconspicuous in
summer months as viewed from the river.
(P) "Setback" means the minimum horizontal distance between any part of
a structure and the ordinary high water mark or a bluffline. In
areas where the ordinary high water mark is not evident, setbacks
shall be measured from the stream bank of the following water
bodies that have permanent flow or open water: the main channel,
adjoining side channels, backwaters, and sloughs.
(Q) "Slope" means all lands between the ordinary high water mark and
the riverway boundary having an angle of ascent or descent of more
than 12% (percent) from the horizontal.
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(R) liSt. Croix Riverway" means all lands and public waters within the
riverway boundary subject to these regulations.
(S) "Structure" means any building or appurtenance thereto, including
garages, decks, docks, and stairways, except transmission services.
(T) "Substandard Structure II means any structure legally establ i shed
before the effective date of the Bluffland and Shoreland Ordinance
which does not meet the structure setbacks or other dimensional
standards of the Ordinance.
(U) "Variance" means any modification or variation of the dimensional
standards, or other requirements of the Bluffland and Shoreland
Ordinance where it is determined that, because of hardships, strict
enforcement of the Ordinance is impractical.
(V) "Visually Inconspicuous" means difficult to see or not readily
noticeable in summer months as viewed from the river.
(W) "Watercourse" means a channel in which a flow of water occurs
either continuously or intermittently. The term applies to either
natural or artificially constructed channels.
(X) "Wetlands" means land which is annually subject to periodic or
continual inundation by water and commonly referred to as a bog,
swamp, marsh, or slough.
Subd. 3. DESIGNATION OF DISTRICTS.
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(1) For the purpose of protecting the natural resources and natural scenic
values of the land within the boundaries of the Lower St. Croix Riverway
the following districts shall be established:
" (2) The boundaries of the Lower St. Croix Riverway and the urban district
with sewer and water service and urban district without sewer and water
include all of the land riverward of the legally described Riverway
boundary contained in the official copy of the Lower St. Croix National
Scenic Riverway MasterPlan.andas shown on the map designated as Riverway
Boundary, "Exhi bi t A ".
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(3) The boundaries of the Lower St. Croix Riverway zoning districts are
designated on the map marked as the Riverway Boundary "Exhibit A" and
attached hereto and made a part of the City of Stillwater official Zoning
Map.
Subd. 4 USE STANDARDS.
(1) Purpose. The purpose of establishing standards for uses in the Saint
Croix Riverway shall be to protect and preserve existing natural, scenic,
and recreational values, to maintain proper relationships between various
1 and use types.
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(2) Permitted Uses. All structures associated with the following uses are
permitted in the Saint Croix Riverway subject to the dimensional
requirements of a the Bluffland/Shoreland Ordinance.
(A) conservancy;
(B) agriculture;
(C) single-family residential
(0) governmental highway waysides, rest areas, information areas,
parks and scenic overlooks; and
(E) governmental resource management and interpretive activities.
(3) ACCESSORY USES IN GENERAL. All apprutenances associated with
and customarily incidental to permitted uses.
(4) CONDITIONAL USES.
(1) Conditional uses are uses which normally are not permitted in the urban
districts of the St. Croix Riverway unless it is determined by the
City Council, after a public hearing, that the proposed use shall:
(A) Preserve the scenic and recreational resources of the St. Croix
Riverway, especially in regard to the view from and use of the
river.
(B) Maintain safe and healthful conditions.
(C) Limit erosion potential of the site based on degree and
direction of slope, soil type, and vegetative cover.
(2) Conditional use must meet, in addition to the dimensional and other
requirements, the following standards:
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(A) The proposed use is consistent with the City Comprehensive and Area
Plans and complimentary to th~existing and adjacent land uses.
(B) The side and front setback requirements of the local zoning
ordinance.
(C) A parki~g layout and site plan which provides on-site or off-street
parking spaces for all employees of the project, an exclusive area
for loading docks where required by local ordinance, and off-street
customer parking spaces as required by local ordinance.
(D) An on-site grading and surface water run-off plan for the site
which minimizes soil erosion and degrading of surface water
quality.
(E) A landscaping plan for the site is illustrated which minimizes the
visual impact of the proposed project as viewed from the river and
which visually screens all parking areas from the river. The
appl i cant shal.l provide the Community with a performance bond for
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the cost of all landscaping to insure compliance with the
landscaping plan.
(F) The project meets all zoning and subdivision requirements.
(G) The project requires no alteration or fill of the shoreline,
bluffland, or floodway.
(H) No lighted or flashing signs shall face riverward.
(3) The following listed Urban District Conditional Uses are considered
Conditional Uses.
(A) All lawful businesses, including supermarkets.
(B) Manufacture of baked goods, provided not more than five persons are
employed in such business.
(C) Department stores.
(D) Establishment for the sale of china, floor covering, hardware,
furniture,household goods and appliances, paint, wallpaper,
materials and objects of interior decorating.
(E) Establishment for the sale of books, magazines, newspapers, tobacco
products, drugs, flowers, gifts, music, photographic supplies,
sporting goods, stationery and the like.
(F) Eating places such as lunchrooms, restaurants and cafeterias and
places for the sale and consumption of soft drinks, juices, ice
cream and beverages of all kinds, but excluding "drive-in"
establishments.
(G) Service establishments such as barber or beauty shops; custom
tailors, laundry agencies and Self service laundries; laundries,
shoe repair shops; dry cleanvng, pressing or tailoring shops;
printing shops; radio and television stations; telephone exchanges
an d th e 1 i k e .
(H) Busine~s and professional offices and office buildings.
(I) Hotels and motels.
(J) Funeral homes and mortuaries.
(K) Automotive sales, service and storage, excluding gasoline filling
stations.
(L) Transportation stations and terminals.
(M) Amusement and recreational establishments such as armories,
assembly halls, bowling alleys, dance halls, pool and billiard
parlors, skating rinks and other social, sport or recreational
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centers operated as a business, provided the place or building in
which it is operated is sufficiently sound-insulated to effectively
confine the noise to the premises.
(N) Marinas subject to the requirements of Subdivision 12.
(0) Office display or sales space of a wholesale jobbing or
distribution establishment not specifically mentioned as permitted
only in a less restricted district, in connection with which not
more than 25% of the floor area of the building, or part thereof,
occupied by said establishment is used for making, assembling,
remodeling, repairing, altering, finishing or refinishing its
products or merchandise; and provided that:
(1) Any resulting cinders, dust, fumes, noise, odors, refuse
matter, smoke, vapor or vibration is effectively confined to the
premises.
(2) The ground floor premises facing upon and visible from a major
street upon which the premises abut shall be used only for
entrances, office or display.
(P) Any other building, use or service similar to those hereinbefore
listed in the type of services or goods sold, in the number of
persons or vehicles to be attracted to the premises or in the
effect upon adjacent areas.
(Q) Any accessory use customarily incident to a use authorized by this
Subdivision, except that no use specified in City Code 31.01,
Subd. 20 and 21 as prohibited, or permitted only by special permit,
in an industrial district shall be permitted as an accessory use.
Subd. 5. PROHIBITED USES. The following uses shall be prohibited in all
districts:
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(B) junkyards;
(C) mobile home parks;
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(D) downhill ski areas;
(E) advertising sign visible from the river.;
(F) all uses not authorized in this Shoreland/Bluffland Ordinance.
Subd. 6. NON-CONFORMING USES. Prohibited uses legally in existence prior to
the effective date of adoption of the Riverway Shoreland and Bluffland
Ordinance are nonconforming uses. Such uses can be maintained but shall not be
enlarged or expanded.
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Subd. 7. DIMENSIONAL STANDARDS AND OTHER REQUIREMENTS.
(1) Purpose. The purpose of establishing dimensional standards and criteria
in the Saint Croix Riverway shall be to protect riverway lands by means of
acreage, frontage, setback and height requirenents on development. Specific
objectives shall be to maintain the esthetic integrity of the Saint Croix
Riverway's dominant natural setting, to reduce the adverse effects of
poorly planned shoreland and bluffland development, to provide sufficient
space on lots for sanitary facilities, to minimize flood damage, to prevent
pollution of surface and ground water, to minimize soil erosion, and to
provide a natural buffer between the river and developed areas.
(2) Minimum Dimensional Requirements.
(A) The following chart sets forth the minimum area, setbacks, and
other dimensional requirements of each district.
URBAN DISTRICT
WITHOUT
SEWER AND WATER
(1) Minimum lot size above ordinary high water mark 1 acre
(2) Lot width at building setback line 150 feet
(3) Lot width at water line 150 feet
(4) Structure setback from ordinary high water mark 100 feet
URBAN DISTRICT
WITH PUBLIC
SEWER AND WATER
20,000 sq. ft.
100 feet
100 feet
100 feet
(5) Structure setback from bluffline
40 feet
40 feet
(6) On-site sewage treatment system setback from
ordinary high water mark
100 feet
(7) On-site sewage treatment system setback from
bTuffline
40 feet
~8) Maximum structure height
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35 feet
35 feet
(9) Maximum total lot area cover~(j by impervious
surface
20% (8,700
sq. ft.)
20% (4,000
sq. ft.)
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10) On slopes less than 12%, the controlled
vegetative cutting areas setback are from:
ordinary high water mark
blufflines
100 feet
40 feet
100 feet
40 feet
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(3) OTHER REQUIREMENTS.
(A) Slopes. Structures shall not be permitted on slopes greater than 12
percent, with the exception of stairways and lifts. The physical
alteration of slopes shall not be permitted for the purpose of
overcoming this limitation.
(B) Floodplain. New structures shall meet the floodway requirements as
defined in the Flood Plain Ordinance 31.07.
(C) Color of structures. The exterior color of new structures, including
roofs, shall be of earth or summer vegetation tones, unless completely
screened from the river by topography.
(D) Sewage disposal. Shall meet requirements or Subdivision 11.
(E) Vegetative cutting:
(i) Permit required. On lands 100 feet of the ordinary high water mark
and forty feet landward of blufflines and on slopes greater than 12%
there shall be no vegetative cutting of live trees or shrubs without a
permit. A permit may be issued only if:
(A) the cutting, including topping, involves trees less than six
inches in diameter at breast height;
(B) the cutting, including topping involves vegetation which is not
screening any structure from view from the river; and
(C) the essential character, quality, and density of existing growths
is preserved and continuous canopy cover is maintained; or
(D) the trees, or trees diseased, and their removal is in the public
interest; or
(E) the cutting is necessary for the maintenance of transportation
lines or utility rights-of~way.
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(ii) Permit not required. A vegetative cutting permit is not required
for the fol1owlng;ftowever, the vegetative cutting shall be accomplished
in such a manner that the essential character, quality, and density of
existiQ9 growths is preserved and continuous canopy cover is maintained
as viewed from the river:
(A) clearing the minimum area necessary for a structure, sewage
disposal system, and private road and parking area, undertaken
pursuant to a validly issued building permit;
(B) maintenance trimming or pruning on any particular property or in
transportation or utility rights-of-way;
(C) vegetative cutting in areas of the Saint Croix Riverway not
covered under subpart 4, provided that the cutting, including
topping, involves vegetation which is not screening any structure
from view from the river.
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(F) Grading and filling
(i) Grading, filling, excavating, or otherwise changing the
topography landward of the ordinary high watermark shall not be
conducted without a permit from the local authority. A permit may
be issued only if:
(A) slopes greater than 12 percent are not altered where erosion
and visual scars may result;
(B) earth moving, erosion, vegetative cutting, draining or
filling of wetlands, and the destruction of natural amenities is
minimized;
(C) the smallest amount of ground is exposed for as short a time
as feasible;
(D) during construction temporary ground cover, such as mulch,
is used and permanent ground cover, such as sod, is planted;
(E) temporary and permanent methods to prevent erosion and trap
sediment are employed; and
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(F) fill is stabilized to accepted engineering standards.
(ii) permit not required. A separate grading and filling permit is
not required for grading, filling, or excavating the minimum area
necessary for a structure, sewage disposal system, and private road
and, parking area undertaken pursuant to a validly issued building
permit. However, the standards and criteria of subpart (ii) shall
be required as conditions of the building permit.
Subd. 8. Exceptions to the minimum setback requirements include the following:
(1) Where a substandard setback pattern from the ordinary high water mark or
a bluffline has already been established by existing principal dwelling
unit structures on adjacent l~ts on both sides of the proposed building
site, the setback of the proposed structure shall be the average setback
of the existin~~w:~JJingunits plus at least forty (40) feet, or the
required nnntmufrl settracks of the underlying zoning district, whichever
distance is less from the average setback line. This exception shall
apply only to substandard lots which do not meet the minimum lot width
requirements of part Subdivision 7.
(2) Developments subject to state permits which provide services to the
public and which, by their nature, require location on or near public
waters shall be subject to the conditions of the state permits as
provided in parts Minnesota Rules Part 6105.0390 and 6105.0410to
6105.0440.
(3) Temporary docks may be allowed as approved by federal, state, or local
governments to extend into the water the minimum distance necessary to
facilitate the launching or mooring of watercraft during the open-water
season.
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(4) Signs may be allowed as approved by federal, state, and local
governments which are necessary for the public health and safety. Signs
may also be allowed that indicate areas that are available or not
available for public use. Outside the minimum setbacks within the Saint
Croix Riverway, signs that are otherwise lawful are permitted, provided
they will be visually inconspicuous in summer months as viewed from the
river.
(5) Stairways and lifts to enable access from bluffland properties to the
water on steep slopes may be allowed by the local authority, provided
the disruption of vegetation and topography is kept to a minimum and the
structure will be visually inconspicuous in the summer months as viewed
from the river.
Subd. 9. SUBSTANDARD LOTS. Lots recorded in the office of the County Register of
Deeds prior to May 1, 1974, that do not meet the requirements of Subdivision 7,
may be allowed as building sites when:
(1) The proposed use is permitted in the zoning districts;
(2) The lot has been in separate ownership from abutting lands since May 1,
1974; and
(3) It can be demonstrated that a proper and adequate sewage disposal system
can be installed in accordance with the provisions of Subdivision 11,
and;
(4) The dimensional standards of the Bluffland and Shoreland Ordinance are
complied with to the greatest extent practicable.
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Subd. 10. SUBSTANDARD STRUCTURES: All structures legally in existence prior to
the effective date of adoption of the Bluffland and Shoreland Ordinance that
do not meet the structure or sewage treatment system setbacks requirements or
other dimensional standards of the ordinance are considered substandard
structures and shall be subject to the following conditions:
(A) Substandartt structures that contain non-conforming uses shall not
be enlarged or expanded.
{B} Substandard structures and substandard sani tary facil i ti es shall be
allowe~ to continue.
(C) In no instance shall the extent to which a structure or sanitary
facility violates a setback standard be increased.
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(D) An extension, enlargement, or alteration of an existing substandard
structure may be permitted on the side of the structure or facility
facing away from the river or bluffline.
(E) Any alteration or expansion of a substandard structure which
increases the horizontal or vertical riverward building face shall
not be allowed unless it can be demonstrated that the structure
will be visually inconspicuous in summer months as viewed from the
river as determined by the City Council after public hearing.
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(F) Exterior decks attached to the structure which do not extend any
roof or foundation, may be permitted to extend laterally (parallel
to t~e river or bluffline) at the same setback as the substandard
structure if said deck is visually inconspicuous in summer months
as viewed from the river, and the deck has no roof or building
foundation.
(G) If a substandard structure needs replacing due to destruction,
deterioration, or obsolescence, such replacement shall comply with
the dimensional standards of this Ordinance.
Subd. 11. SEWAGE DISPOSAL. Any premises intended for human occupancy must be
provided with an adequate method of sewage disposal. subject to the following
items;
(1) Public collection and treatment facilities must be used where available
and where feasible.
(2) Where public or municipal facilities are not available, all on-site
individual sewer disposal systems shall conform to the minimum standards
as set forth in Regulations of the Department of Health and Minnesota
Pollution Control Agency.
(3) A septic tank/drainfield system shall be the only acceptable system for
installation unless it can be demonstrated that this system is not
feasible on the particular lot in question and it can be demonstrated
that the system being proposed as an alternate will not cause a
pollution problem.
(4) No person, firm, or corporation shall install, alter, repair, or extend
any individual sewer disposal system without first obtaining a permit
therefore from the Community Development Director for the specific
installation, alteration, repair, or extension.
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Subd. 12. MARINAS.
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(1) New and or expanded marinas may only be allowed.
(A) Between the Boomsite Highway Wayside,~d the City of Stillwater.
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(B) Downstream from the northern City limits of Stillwater in urban
districts.
(2) New marinas shall meet the design standards of Natural Resources Regulations
including Minnesota Rules Part 6105.0410, Subpart 2.
(3) Permit requirements. No construction or development associated with a marina
shall begin until all of the following authorizations have been obtained by the
applicant.
(A) Marinas shall be a Conditional Use in this Ordinance.
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(B) For uses and structures above the ordinary high water mark associated
with a marina, a public hearing shall be held by the City Council to
consider a marina as a conditional use in accordance with Department of
Natural Resources Regulations including Minnesota Rules Part 6105.0530.
The City Council may approve or deny the marina on said standards of the
Department of Natural Resources. If the governing body approves the
marina, final issuance of the local permit shall be conditioned upon
granting of all State and Federal permits required in Department of
Natural Resources Regulations including Minnesota Rules Part 6105.0410.
Subd. 13. ALTERATIONS IN PUBLIC WATERS.
(i) Changing the course, current, or cross section of public waters shall
require State and Federal permits as specified in Minnesota Rules Part 6105.0420
before any local permits may be issued.
Subd. 14. TRArtSMrSSION SERVICES.
(1) A permit from the Commissioner is required pursuant to Minnesota Statutes,
Sections 84.415 or 105.42 before transmission services may cross state-owned
lands or public waters and shall be in accordance with the Natural Resources
Regulations including Minnesota Rules Part 6105.0430.
Subd. 15. PUBLIC ROADS.
(1) A permit from the Commissioner of Natural Resources is required before
construction, reconstruction, removal, or abandonment of any road or railroad
crossing of public waters within the Riverway. Said permit shall be in
accordance w-ith the Natural Resources Regulations Minnesota Rules Part
6105.0440.
Subd. 16. SUBDIVISIONS.
....,
(1) Land Suitability.
(A) No land shall be subdivided which is found by the governing body to be
unsuitable 'for reason of floocfing, inadequate drainage, soil and rock
formations with severe limitations fo~ development, severe erosion
potential, uofavorable topography, inadequate water supply or sewer
disposal capabilities or any other fe.ature likely to be harmful te tb&
health",safety, or welfare of the fUture residents of the proposed
subdivision or the community. The City Council in applying the
provisions of this section shall in writing cite the particular features
upon which it bases its conclusions that the land is not suitable for
the proposed use and afford the subdivider an opportunity to present
evidence regarding such suitability at a public hearing. Thereafter, the
governing body may affirm, modify, or withdraw its determination of
unsu i tabil i ty.
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(2) Preliminary Plans.
(A) Preliminary plans for all plats, including planned cluster developments
shall be approved by the Commissioner or his agent in writing prior to
preliminary approval by the City Council.
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(B) All subdivisions shall comply with the applicable prOV1S1ons of the City
of Stillwater Subdivision Ordinance No. 492 as amended.
(3) PLANNED CLUSTER DEVELOPMENTS.
(A) A pattern of subdivision development which places dwelling units into
compact groupings may be allowed when the proposed clustering provides a
better means of preserving agricultural land, open space, woods, scenic
views, wetlands, and other features of the natural environment than
traditional subdivision development. Except for minimum setbacks and
height limits, altered dimensional standards may be allowed as
exceptions to this Ordinance for planned cluster developments, provided:
(1) In urban districts of this Ordinance and only where public sewer,ilOd
water will be installed in the proposed cluster development, the number
of dwelling units shall not exceed fifty percent (50%) more than the
total number of dwelling units allowed if the development was based
on the minimum lot size requirements for single family residential
subdivision.
(2) Open space shall be preserved. At least fifty percent (50%) of the
length of shoreland or bluffland frontage as viewed from the river shall
be kept in its natural state.
(3) Temporary docks, if allowed, shall be centralized and of a size not
to exceed the needs of the residents of the development.
Subd. 17. ADMINISTRATION.
...
(1) Administrative Procedure.
(A) In addition to the applicable administrative procedures set forth in
City Code 31.01, Subdivision 27 of the Zoning Ordinance, the following
procedures shall be implemented with respect to land, subject to this
Ordinance.
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(1) A public hearing shall be held for all zoning district amendments,
zoning text amendments, conditional use permits, planned unit
developments, subdivisions, and variances.
(2) No less than twenty (20)days prior to the public hearing, the
Community Development Director shall send notice and copies of the
applicants information as specified in Subdivision 17 (6) to the
following agencies for review and comment.
.;;.;'~
(i) Department of Natural Resources.
(ii) Minnesota/Wisconsin Boundary Area Commission.
(B) The applicant for any permit requiring a public hearing shall submit to
the Community Development Director at least thirty (30) days prior to
such hearing~ an abstractors certificate showing the names and addresses
of all property owners within 350 feet of the affected property, and any
14
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local governments, within two (2) miles of the affected property. This
requirement does not apply to amendments to the text of the Riverway
Bluffland Shoreland Ordinance.
(C) Notice of the purpose, time, and place of such public hearing shall be
mailed to all property owners and local governments listed in
Subdivision 17 (17) (B) at least ten (10) days prior to the date of the
hearing.
(D) Notice of the purpose, time, and place of any such public hearing shall
be published in the official newspaper of the affected communities at
1 east ten (lO) days pri or to the date of the heari ng.
(2) Certification of the Commissioner of Natural Resources.
(A) Before any zoning district ordinance amendment or variance becomes
effective, the governing body shall forward the decision to the
Commissioner. The Commissioner shall certify in writing that the
proposed action complies with the intent of the Wild and Scenic Rivers
acts and the Master Plan for the Lower St. Croix River within thirty
(30) days of receipt of final decision in the manner specified in
Department of Natural Resources Regulations Minnesota Rules Part
6105.0540.
(3) Forwarding a Final Decision.
(A) The City Clerk shall forward decisions within ten (10)days of final
action on all conditional use permits, planned unit developments, and
subdivisions to the Commissioner of Natural Resources.
(4) Permit Process.
....
Sf. Croix Riverway Ordinance Permits
District
Urban District
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Building Permits
Septic Permits
LP
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LP
Grading Permits LP
Tree Cutting Permits LP
Conditional Use Permits PH - WA - FD
Amendments to Riverway Bluffland Shoreland Ordinance PH - WA - FD
Amendments to District Boundary PH - WA - CC
Pl ats and Cl uster Developments PH - WA - FD
Vari ances PH - WA - CC
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LP - Permit issued by the local authority in accordance with this Ordinance and all
other local permits.
CC - Certification by the Commissioner of Natural Resources prior to final local
approval.
PH - Public hearing necessary by the local authority glV1ng twenty (20) days notice
of meeting to the Commissioner of Natural Resources and other agencies listed in
Subdivision 17 (1) (B).
FD - Local authority forwards any decisions to the Commissioner of Natural
Resources within the (10) days after taking final action.
WA - The Commissioner of Natural Resources shall submit, after notice of public
hearing and before the local authority gives preliminary approval, a written review
and approval of the project.
(5) Variances.
(A) Variances shall only be granted where there are particular hardships
which make the strict enforcement of this Ordinance impractical.
Hardship means the proposed use of the property and associated
structures in question cannot be established under the conditions
allowed by this Ordinance; the plight of the landowner is due to
circumstances unique to his property, not created by the landowners
after May 1, 1974; and the variance, if granted, will not alter the
essential character of the locality. Economic considerations alone
shall not constitute a hardship for the reasonable use of the property
and,associated structures under the conditions allowed by this
Ordinance. In addition, no variance shall be granted that would permit
any use that is prohibited in this Ordinance in which the subject
property is located. Conditions may be imposed in the granting of a
variance to insure compliance and to protect adjacent properties and the
public interest, especially in regard to the view from the river.
....
(B) The public hearing for a variance shall be held by the Planning
Commission and City Council as set forth in the Zoning Ordinance.
(6) Requirements of the Applicant for a Public Hearing.
(A) The applicant Shall submit sufficient copies of the following
information and additional information as requested to the Community
Development Director thirty (30) days prior to the public hearing on the
application for a conditional use, variance, planned unit development,
or subdivision.
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(1) Plat of survey showing the property location, boundaries,
dimensions, elevations, blufflines, utility and roadway corridors, the
ordinary high water mark, floodway, and floodplain.
16
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(2) The most recent aerial photo of the property with property lines
drawn in.
(3) Location of existing and proposed structures including height and
setback dimensions.
(4) Location of existing and proposed alterations of vegetation and
topography.
(5) Adjoining water-oriented and other uses.
(6) Suitability of the area for on-site waste disposal. Type, size, and
location of the system shall be indicated. If a public or municipal
wastewater collection and treatment system is to be utilized, the
applicant must submit a written agreement from the City indicating that
the system has the c~P4city to handle the development.
(7) An estimate of permanent and transient residents.
(7) Factors to be considered.
(A) When considering a conditional use permit, variance, subdivision,
proposal or zoning amendment within Shoreland and Bluffland District,
the City shall address the following items in making its decisions:
(1) Preserving the scenic and recreational resources of the St. Croix
Riverway, especially in regard to the view from and use of the
river.
(2) The maintenance of safe and healthful conditions.
(3) The prevention and control of water pollution, including
sedimentation.
....,
(4) The location of the site with respect to floodways, slopes, and
blufflines.
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(5) The erosion potential of the site based on degree and direction
of slgpe, soil type, and vegetative cover.
(6) potential impact on game and fish habitat.
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(7) Location of the site with respect to existing or future access
roads.
(8) The amount of wastes to be generated and the adequacy of the
proposed disposal systems.
(9) The anticipated demand for police, fire, medical, and school
services and facilities.
(10) The compatibility of the proposed development with uses on
adjace~t land.
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Subd. 18. ENFORCEMENT.
A. Enforcement.
(1) It is declared unlawful for any person to violate any of the terms and
provisions of this Ordinance. Violation thereof shall be a misdemeanor.
Each day that a violation is permitted to exist shall constitute a
separate offenses.
(2) In the event of a violation or a threatened violation of this Ordinance,
the City Council, or the Commissioner of Natural Resources, in addition to
other remedies, may institute appropriate actions or proceedings to prevent,
restrain, correct, or abate such violations or threatened violations and it
is the duty of the City Attorney, or State Attorney General, to institute
such action.
B. S!"ar~5i.n'!'y. .',
(1) It is hereby declared to be the intention that the several provisions of
this Ordinance are separable in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision
of this Ordinance to be invalid, such judgment shall not affect any
other provisions of this Ordinance not specifically included in said
judgment.
(B) If any court of competent jurisdiction shall adjudge invalid the
application of any portion of this Ordinance to a particular property,
building, or other structure, such judgment shall not affect the
application of said provision to any other property, building, or
structure not specifically included in said judgment.
(C) Nothing contained in this Ordinance repeals or amends any Ordinance
requiring a permit or license to engage in any business or occupation.
....,
ATTEST:
"
&j;:L DAY OF r
dJ~ '{2JuxJ-...W'"
Mayor
, 1989.
PASSED BY THE CITY COUNCIL THIS
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