HomeMy WebLinkAbout1991-01-29 CC Packet Special Meeting
e
e
tl1 . 01,
--
Qtillwater
~ ~,
'" "'"H''''' .,,,,,.: J
January 25, 1991
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL COUNCIL MEETING, TUESDAY, JANUARY 29, 5:30 P.M.
This memo is a reminder to Council that a Special Meeting is scheduled for
Tuesday afternoon, 5:30 and 6:30 P.M. in the Council Chambers of City Hall,
216 North Fourth Street, Stillwater, Mn. to discuss the following:
1. Riverway Community Evaluation with the DNR. (5:30 P,M,)
2. Workshop with the Solid Waste Advisory Committee. (6~30 P.M.)
3. Any other business Council may wish to discuss.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
, .
r. illwater
'~ - - ~
-- -~
THE BIRTHPLACE OF MINNESOTA J
e
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM:
STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR ~
DATE: JANUARY 24, 1991
SUBJECT: CITY COUNCIL RIVERWAY COMMUNITY EVALUATION MEETING WITH
THE DNR.
The DNR is conducting a series of meetings with community officials
located along the St. Croix River to review past riverway permits
and receive comments regarding the existing rules.
Some recent cases; Rousseau, Dock Cafe, and Stillwater Yacht Club
have raised issues that may be able to be addressed during their
rules revision process. Some issues the Council may want to discuss
with the DNR include:
Should existing urbanized areas be treated the same as rural
undeveloped natural areas?
What is or is not visually inconspicuous?
How can the City better receive lIofficialll timely input on
reviewing projects from the DNR and Minnesota/Wisconsin
Boundary area staff?
Staff has discussed these and otner issues with the DNR through
local technical committee meetings last year. Letters from the City
regarding the rule changes have also been sent but no response to
the rule change suggestions have been received.
Attached to this request are letters from the DNR and the City
regarding rule changes and the City Riverway Ordinance.
e
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
,.-
e
~~
STATE OF
fN]fN]~~@iY~
DEPARTMENT OF NATURAL RESOURCES
DNR INFORMATION
(612) 296-6157
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA. 55155-40
October 12, 1990
Mr. Steve Russell
Community Development Director
216 North 4th Street
Stillwater, MN 55082
Dear Mr. Russell:
The Department is in the process of conducting community evaluations of the eleven
St. Croix River local units of government in conjunction with the St. Croix Rules
revision process. These community evaluations will be very helpful for the rule
revisions in assessing ordinance administration, identifying problems, and evaluating
the effectiveness of the St. Croix rules and program among the various communities.
Area Hydrologist Molly Shodeen and I would like to meet with you and any elected
officials who would be interested in attending the evaluation sometime during the
month of November. I will be calling you around the latter part of October to setup
a convenient time. We encourage elected community officials to attend these
reviews in addition to staff involved in planning and zoning. .
Community audits for the Wild and Scenic River Program have been conducted over
the last ten years for the Cannon River, Kettle River, and Rum River. The St. Croix
Rules revision process provides an appropriate occasion to select the St. Croix as the
fourth Wild and Scenic River to be reviewed. The enclosed questionnaire form
which we will use as a springboard for discussion is very similar to those used for the
other communities. It has been updated to reflect particular St. Croix rule
provisions. This form focuses on specific ordinance requirements, permit issuance,
ordinance interpretation, interaction with DNR, variances, violations, staff time, and
evaluation of the program's impact on the community. We appreciate whatever
groundwork you can do in answering the questionnaire questions, especially those
concerning number of permits and variances, prior to our meeting.
These discussions also provide an opportunity for an educational and informational
exchange. Since I have only been in this position for less than 2 years, I appreciate
the chance to meet with you and any community leaders in person and hear directly
your experience in managing your ordinance as it relates to the Wild and Scenic
River Program. At the same time, I hope that you will look favorably on this time as
an opportunity to ask questions and learn more about procedures and
interpretations.
e
AN EQUAL OPPORTUNITY EMPLOYER
Page Two
e
This winter we will be preparing fact sheets about St. Croix Riverway ordinance
requirements for each fommunity, which will be mailed to landowners in the district.
It would be very helpfu1 to us if you were able to provide us with the names and
addresses of alllandowlI1ers in the riverway district at our evaluation meeting. DNR
will handle the prepara~ion, mailing, and costs of these information sheets, but we
would appreciate your ~ooperation in obtaining a mailing list. We see this as an
opportunity to inform &S many affected landowners as possible about procedures and
alleviate some of the time you spend on general information calls and violations.
I
I look forward to seeint you and any other elected officials during November. I will
call the end of Octoberl to set up a convenient time. Thank you in advance for doing
the preliminary work ob the audit form. If you have any questions, please don't
hesitate to call me at 2~7-2401 or Area Hydrologist Molly Shodeen at 772-7915.
Sincerely,
Sandy Fecht
Wild & Sce . Rivers Coordinator
cc: Mayor Wallace ~brahamson
Ann Marie Bodlovick
Tom Farrell I
Jay Kimble
Roberta Opheim
Molly Shodeen I'
Pete Otterson
I
e
MAGNUSON & MOBERG
e
ATTORNEYS AT LAW
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET STILLWATER, MN 55082
David T. Magnuson
James I. Moberg
Telephone: (612) 439-9464
Telecopier: (612) 439-5641
November 12, 1990
Mr. steve Russell
Community Development Director
216 North Fourth street
Stillwater, MN 55082
Re: Suggestions for Changes to the DNR Wild, Scenic
and Recreational River Rules
Dear Steve:
The DNR has asked for specific suggestions with regard to changes
in the riverway rules. In my view the following suggestions
should be made:
1. Rule 6105.0370 - Use Standards and Criteria
This should be changed by adding to the type of activities
that are permitted uses under Subp. 2.
2. F - Public Park Areas and Public Cutural Educational or
Recreational Areas Other Than Marinas for Motorized Water
Craft
G - Private Non-Profit Cultural Education or Recreational
Areas Other Than Marinas for Motorized Water Craft
H - In Urban Districts, Uses Permitted by Zoning Ordinances
in Effect on May 1, 1974
Subp. 10, Non-Conforming Uses
The first sentence should be changed to read as follows:
"Uses that were prohibited by local zoning ordinances in
effect on May 1, 1974, are non-conforming uses and shall not
be expanded or enlarged."
(The remaining language should remain the same.)
e
Subp. 11, Subftandard structures
This should be changed by modifying the first sentence,
which should read:
e
Any structure: that was a deviation from the pattern of
structures th~t were built and occupied in incorporated
areas and in ~xistence prior to May 1, 1974, which are
permitted wit~in that particular zoning district but do not
meet the structural setbacks or other dimensional standards
of the ordina*ce, are substandard structures and shall be
subject to the following conditions:
I
I
(The remainin4 language should remain the same.)
I
Subd. C shoul~ be changed to read as follows:
"Alterations or expansions of substandard structures are
allowed if consistent with the pattern of structures that
were built and occupied in incorporated areas in existence
prior to May 1, 1974."
It seems to me that these changes would allow for the expansion
of the use of the ~iver without increasing motorized surface
traffic, thereby a~lowing for historical and cultural values to
be recognized and enjoyed.
It would also allow special recognition for the pattern of
development that was in effect prior to May 1, 1974. Thereby,
giving recognition1to historical and cultural values that should
be protected from restriction.
It seems to me that the test should not be what sort of a visual
impact a certain u~e has, but rather whether such a use or
structure was partlof our cultural and historical heritage. Call
me if you have any I questions or would like to talk about this.
Yours very truly,
~
David T. Magnuson
DTM/ch
e
e
r illwater
~ - - ~
--- - -\~
THE BIRTHPLACE OF MINNESOTA J
August 28, 1990
Mr. John Linc Stine, Regional Hydrologist
Minnesota DNR
Metro Region Waters
1200 Warner Road
st. Paul, MN 55106
Dear Mr. Stine:
Your letter of August 8, 1990 makes it apparent that you are
ignoring local government concerns in your rule revision process.
\
. The letter is critical of local administration of your rules
and rather than recognizing the flaws in the rules that should be
changed in your revision process.
The rules should be made to fit with national policy. The
National Wild and Scenic River Act declared that certain selected
rivers in the nation had, among other things, remarkable,
historic, cultural and other similar values that must be
preserved. The Lower st. Croix River Act that followed" named the
st. Croix River as a component of the national system and
mandated that a development plan or master plan be developed by
the Secretary of the Interior, jointly with the appropriate
agencies of Minnesota and Wisconsin that would be comprehensive
and determinative of the interests in the land that would be
acquired and developed and administered by the agencies of the
United States Government and the political subdivisions of the
affected states.
The master plan that was adopted, known as the Lower st.
Croix Final Master Plan, dated February 1976, is the basis upon
which your rules are founded. Your rules should be consistent
with the master plan.
e
The master plan provides setback, lot size and building
height standards that are to be adopted in state rules and local
ordinances with regard to both shoreline and preservation zones
and bluff line preservation zones. However, it provides on page
69, that in incorporated areas the following standards should be
followed:
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
"structures may deviate from the above provisions (setback
building height and minimum lot size provisions) to the extent
and to the like degree of non-conforming structures that have
been built and oGcupied in the incorporated areas".
e
This is recogn~tion that historical and cultural values as
reflected in patter~s of development are remarkable and must be
as recognized with ~egard to the standards for preservation zones
in incorporated are4s.
I
I
The St. Croix ~iver Rule Revision process that is now under
way is a rare oPPOr!'Unity to make the state rules consistent with
federal policy and egislation by recognizing number one, that
historical and cult.ral aspects of incorporated cities within the
Wild and Scenic River area are remarkable and must be preserved
I
and two, that future growth in incorporated areas must be allowed
to be undertaken to the extent and to the like degree that non-
conforming structures have already been built and occupied in
incorporated areas.
I
I
Development inlthe city of Stillwater that is consistent
with what has been built and occupied in the city for the last
150 years should be recognized as remarkable and allowed to
continue in the same vein.
If the new rUl,s would recognize these important standards
it would be no prob+em for the local government to administer
them and the DNR wo~ld enjoy broad public support.
Please respond to our concerns.
Sincerely,
;d4;~
Wally Abrahamson, Mayor
xc: Mr. Dan McGinnis, Minnesota/Wisconsin Boundary Area
Commission
Ms. Sandy Y. F$cht, Wild and Scenic Rivers Coordinator
The Local Tech~ical Advisory Group (LTAG)
e
~fN]~T~@lJ~ .
. ~lNDEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106
PHONE NO. 296-7523 FILENO.
August 8, 1990
The Honorable Wally Abrahamson
Mayor of Stillwater
216 N. 4th St.
Stillwater, MN 55082
Dear Mayor Abrahamson and City Council Members:
r~etro Region Waters woul d 1 ike to update and inform you of several
items relating to' the St. Croix River Rule Revision process
currently underway. As you may know, the last meeting of the Local
Technical Advisory Group (LTAG) was July 23, 1990.. This group, made
up of local zoning officials, met monthly for six months to discuss
possible rules revisions. The Department is proceeding with the
rule adoption process as expediently as possible.
In-conjunction.with the rule revision process, we feel that it would
be useful to conduct audits of each community over the next few
months. These audits allow us to assess each individual community.s
performance and administration of its ordinances, and evaluate the
overall program effectiveness. ~ince all floodplain ordinances musfl
be brought into compliance with revised federal standards by Octob~ -
I, 1991, most of the community visits will also include a discussion
of the necessary floodplain ordinance changes. At the time you are
notified of our visits, you will be provided with the audit forms so
that you can prepare the information in advance. We will make every
effort to keep the audit schedul e fl exibl e enough to accommodate
elected officials who are encouraged to attend the meetings.
Planning and zoning staff also need to be present for the audits.
e
Over the years, we have seen a gradual erosion of the variance
process and administrative procedures as outlined in your St. Croix
ordinance. The only reason for granting a variance is as follows:
IIVariances shall only be granted where there are particul ar
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 establ ished
under the conditions allowed by this ordinance; the plight of
the landowner is due to circumstances unique to his property,
not created by the landowner 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 hardsh ip for the reasonabl e use of the property
and associated structures under the conditions allowed by this
ordinance." .
AN EQUAL OPPORTUNITY EMPLOYER
.'
Stillwater
Page Two
e
The Department c~nnot certify any variances without a clear
demonstration of "hardship". Local governments must provide written
findings to justi~y their action, and the minutes of the hearing
should include theldiscussion of hardship and the rationale for the
final decision. We have enclosed an example of an appropriately
documented variance for your use. We are concerned that factual and
accurate documentalion of all local decisions be completed for such
actions as variances, conditional uses, subdivisions,
grading/filling/vegetative cutting, etc. Such documents will ensure
greater consistenc1 of local actions.
We greatly appreciqte each community's efforts in the administration
of your St. Crqix ordinances. The audits \'/ill provide an
opportunity for sqme training and also help us identify problems
which can be addl1essed in the rul e revisions. If you have any
questions, pleasei contact Area Hydrologist Molly Shodeen at
296-7523. .
Sincerely,
~-~
J~nc Stine I
R~~O~~l Hydrologi$t
I
M293 :kap
Enclosure
cc: Steve Russell
Dan McGuiness, MWBAC
Sandy Fecht, Wild & Scenic Rivers Coordinator
I
e
II .r..
- ..
ZJ /Ltq-,'1 d
K.#Zo/J
---..
e
ORDINANCE 706
- -AN ORDINANCE AMENDING
THE RIVERWAY BLUFFLAND/SHORELANO 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:
(1) Designating suitable land use districts along the bluffland and
shorelandof 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) Conserving 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
6105.055{)). '
/
". .
Subd. 2. DEFINITIONS.
(1) Construction.
(A) In the event of conflicting prOV1S1ons 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 IIrestrictive". 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 "shall" is mandatory, the word "may" is .
permissive.
tit
(C) The provisions of this Ordinance are in addition to and not in
replacement of pther 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.
. .
.
1
'.
e
(D) Unless otherwise specified, all distances shall be measured
hori zonta 11y.
(2) Definitions. For the purpose of this Ordinance, certain phases and
words are hereby defined as follows:
(A)
,
I
"Accessory Use" me~ns a use subordinate to and serving the
principal use on tre same lot and customarily incidental thereto.
I
"Appurtenance" mears a structure subordinate to and serving the
principal structur~ on the same lot and customarily incidental
thereto such as gairages, decks, essential services, signs, docks,
and stairways and rifts, except that appurtenance does not include
private water supply and sewage and waste disposal systems below
the ground.
(B)
(C)
"Bluffline, Riverw:ay" means a line along the top of a slope in the
Riverway District Iconnecting the points at which the slope,
proceeding away fnom the river or adjoining watershed channel,
becomes less than 112% and it only includes slopes greater than 12%
visible from the ~iver 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 b1uffline may be encountered
proceeding away from the river or adjoining watershed channel. All
setbacks required herein shall be applicable to each bluffline.
(0 )
"Building 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.
"Channe'" means ajnat'ura1 or artificial depression of perceptible
extent with a deflnite bed and banks to confine and conduct flowing
water either contf~uously or periodically.
(E)
-.
(F) "Commissionerll means the Commissioner of Natural Resources.
(G) "Conservancy" means the practice or implementation of policies for
the protection and preservation of the natural character of lands
for their value to scenic enjoyment, wildlife, water and soil
conservation, flood plain management: forestry, and other such
purposes.
(H) "Dwelling Unit" m~ans a residential accommodation which is
arranged, designe~, used, or intended for use exclusively as living
quarters for one family.
,
. I
(1) "Harbor" means a ~ortion of body of water along or landward of the
natura 1 shorel i nel deep enough for recreati ona 1 watercraft
navigation, and sp 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. '
e
2
'.
'"
...
e
(J) IIMarina" 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 BlufflandjShoreland
Ordinance which does not conform to the zoning district use
regulations.
(L) 1I0rdinary 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.
(0) "Screening" means existing or planted vegetation or topography
which makes any structure on any property visually inconspicuous in
summer months as viewed from the river.
e
(P) "Setback II means the minimum hori zontal di stance 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.
3
"
(R) "St. Croix Riverway" means all lands and public waters within the
riverway boundary subject to these regulations.
e
(S)
(T)
"Structure" means any building or appurtenance thereto, incl udi ng
garages, decks, dOlcks, and stairways, except transmission services.
"Substandar"d Strudture" means any structure legally established
before the effect ilve date of the Bl uffl and and Shorel and Ordi nance
which does not meet the structure setbacks or other dimensional
standards of the Ordinance.
I
(U)
"Variance" means any modification or variation of the dimensional
standards, or oth~r requirements of the Bluffland and Shoreland
Ordinance where i~ ~s determined that, because of hardships, strict
enforcement of th~ Ordinance is impractical.
I
"Visually Inconsp~cuouS" means difficult to see or not readily
noticeable in su~er 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.
(V)
,
(X) "Wetlands" means iand 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 DIST~ICTS.
(1) For the purpose of prQtecting the natural resources and natural scenic
values of the land within the, boundaries of the Lower St. Croix Riverway
the following districts s~all be established:
(2) The boundaries of thellower St. Croix Riverway and the urban district
with sewer and water servlca and urban district without sewer and water
include all of the land riverward of the legally described Riverway
boundary contained in theiofficial copy of the Lower St. Croi~ National
Scenic Riverway Master Plan and as shown on the map designated as Riverway
Boundary, "Exhibit A".
(3) The boundaries of theiLower St. Croix Riverway zoning districts are
designated on the map marted as the Riverway Boundary "Exhibit A" and
attached hereto and made ~ part of the City of Stillwater official Zoning_
Map.
Subd. 4 USE STANDARDS.
(1) Purpose. The purpose bf establishing standards for uses in the Saint
Croix Riverway shall be tp protect and preserve existing natural, scenic,
and recreational values, ~o maintain proper relationships between various
1 and use types. i .
e
4
~ (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-B1uff1andjShoreland Ordinance.
(A) conservancy;
(B) agriculture;
(C) single-family residential
(D) 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 ~hall:
. (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-degr~e .and
direction of slope, soil type, and vegetative cover.
(2) Conditional use must mee~ in addition to the dimensional and other
requirements, the following standards:
(A) The proposed use i~ consistent with the City Comprehensive and Area
Plans and complimentary to the existing and adjacent land uses.
(B) The side and front setback requirements of the local zoning
ordinance.
(C) A parking 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.
e
(0) 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
applicant shall provide the Community with a performance bond for
5
the cost of all landscaping to insure compliance with the
landscaping plan.
(F) The project meets-all zoning and subdivision requirements.
(6) The project requires no alteration or fill of the shoreline,
bluffland, or floodway.
(H) No lighted or fla~hing signs shall face riverward.
e
(3) The following listed 4rban District Conditional Uses are considered
Condit i ona 1 Uses. I
(A) All lawful busine~ses, including supermarkets.
(B) Manufacture of ba~ed goods, provided not more than five persons are
employed in such business.
(C) Department stores~
(D) Establishment forlthe sale of china, floor covering, hardware,
furniture,household goods and appliances, paint, wallpaper,
materials and obj~cts of interior decorating.
I
(E) Establishment fori 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 beverag~s of all kinds, but excluding IIdrive-inll
establishments. .
(6) ~ervice establishr~nts such as barber or beauty shops; custom
tailors, laundry ~genCieS and self service laundries; laundries,
shoe repair shops' dry cleaning, pressing or tailoring shops;
printing shops; r dio and television stations; telephone exchanges
and the like. I .
(H) Business and professional offices and office buildings.
(1) Hotels and motels.
(J) Funeral homes and mortuaries.
(L)
(M)
Automotive sales,! service and storage, excluding gasoline filling
stations. i
I
I
Transportation s~ations and terminals.
i
Amusement and redreational establishments such as armories,
assembly halls, bowling alleys, dance halls, pool and billiard
parlors, skating rinks and other social, sport or recreational
e
(K)
6
"
e
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, o~ors, 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 orin 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:
..
(A) sand and gravel operations;
(B) junkyards;
(C) mobile home parks;
(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 B1uffland
Ordinance are nonconforming uses. Such uses can be maintained but shall not be
enlarged or expanded.
e
7
..-
,.
Subd. 7. DIMENSIONAL STANDARDS AND OTHER REQUIREMENTS.
e
(1) Purpose. The purpose of establishing dimensional standards and criteria
in the Saint Croix RiYerw~y shall be to protect riverway lands by means of
acreage, frontage, setbac~ 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 ~nd 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 tne 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.
,
(1) Minimum lot size above ordinary high water
URBAN DISTRICT
WITHOUT
SEWER AND WATER
mark 1 acre
(2) Lot width at building setbac~ line
(3) Lot width at water line
150 feet
URBAN DISTRICT
WITH PUBLIC
SEWER AND WATER
20,000 sq. ft.
100 feet
150 feet
100 feet
(4) Structure setback from ordin~ry high water mark
(5) Structure setback from bluff~ine
100 feet
100 feet
40 feet
. 40 feet
(6) On-si te sewage treatment sys~em setback from
ordi nary hi gh water mark i ,
100 feet
(7) On-site sewage treatment sysi~em setback from
bluffline '
-. .
40 feet
35 feet
35 feet
'l.
(8) Maximum structure height
I
(9) Maximum total lot area cove~ed by impervious
surface
10) On slopes less than 12%, thJ controlled
vegetative cutting areas se~back are from:
20% (8,700
sq. ft.)
20% (4,000
sq. ft.)
ordinary high water mark
100 feet
100 feet
blufflines
40 feet
40 feet
e
8
e
(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. .
(8) 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;
(8) the cutting, including topping involves vegetation which is not
screeni ng any structure from vi ew from the ri veri anp
(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 cuttini is necessary for the maintenance of transportation
lines or utility" rights-of-way.
(ii) Permit not required. A vegetative cutting permit is not required
for the following; however, the vegetative cutting shall be accomplished
in such a manner that the essential character, quality, and density of .
existing growths is preserved and continuous canopy cover is maintained
as viewed from the river:
e
(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;
(8) maintenance trimming or pruning on any particular property or in
transportation or utility rights-of-way; . I . ."-" ...:': ;
(e) 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.
9
~ .-.
(F) Grading and filling
(i) Grading, filfing, excavating, or otherwise changing the
topography landward of the ordinary high watermark shall not be
conducted wit"houtl a pemit from the local authority. A pemit may
be issued only if:
(A) slopes gr~ater than 12 percent are not altered where erosion
and visual sc~rs may result;
(B) earth moving, erosion, vegetative cutting, draining or
filling of wetlands, and the destruction of natural amenities is
minimized;
(e) the smalleist amount of ground is exposed for as short a time
as feasible; .
(0) during con!struction temporary ground cover, such as mulch,
is used and pelrmanent ground cover, such as sod, is planted;
:
i
(E) temporary iand permanent methods to prevent erosi on and trap
sediment are ~ployed; and
(F) fill is stabilized to accepted engineering standards.
(ii) pemit not rlequired. A separate grading and filling permit is
not required for \grading, filling, or-excavating the minimum area
necessary for a s\tructure, sewage disposal system, and private road
and parking area ~ndertaken pursuant to a validly issued building
permit. However, ~he standards and criteria of subpart (ii) shall
be required as conditions of the building permit.
Subd. 8. Exceptions to the ~inimum setback requirements include the following:
(1) Where a substandard setback pattern from the ordinary high water mark or
a, bluffline has al~eady been established by existing principal m~elling
unit structures on adjacent lots on both sides of the proposed building
site, the setbacki of the proposed structure shall be the average setback
of the existing d~elling units plus at least forty (40) feet, or the
required mi nimumlsetbacks of the underlyi ng zon ing di stri ct, wh i chever
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 part$ Minnesota Rules Part 6105.0390 and 6105.0410to
6105.0440. .
(3)
i
i
I
Temporary docks may be allowed as approved by federal, state, or local
governments to e~tend into the water the minimum distance necessary to
facilitate the l~unching or mooring of watercraft during the open-water
season. -
10
..
e
--
"
e
(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. .
Subd. 10. SUBSTANDARD STRUCTURES: All structures legally in existence prior to
the effective date of adoption ~f 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 ~nd shall be subje~t to the following conditions:
....'
(A) Substandard structures that contain non-conforming uses shall not
be enlarged or expanded.
(B) Substandard structures and substandard sanitary facilities shall be
allowed to continue.
(C) In no instance shall the extent to which a structure or sanitary
facility violates a setback standard be increased.
-
(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.
11
~
f"(F)
Exterior decks attached to the structure which do not extend any
roof or foundation, may be permitted to extend laterally (parallel
to the 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 s~andards of this Ordinance.
Subd. 11. SEWAGE DISPOSAL. Ariy premises intended for human occupancy must be
~rovided with an adequate me~hod of sewage disposal. subject to the following
ltems; I
(1) Public collection and treatment facilities must be used where available
and where feasibl~.
(2 )
Where public or ml,lnicipal facilities are not available, all on-site .
individual sewer qisposal systems shall conform to the minimum standards
as set forth in R~gulations of the Department of Health and Minnesota
Po 11 ut ion Contro 11 Agency.
A septic tankjdrainfield system shall be the only acceptable system for
installation unle~s 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~
(3)
(4) No person, firm, br corporation Shall install, alter, repair, or extend
any individual sewer ~isposal system without first obtaining a permit
therefore from th~ Community Development Director for the specific
installation, alt~ration, repair, or extension.
:'
Subd. 12. MARINAS. : '".
I
(1) New and or expanded mlarinas may only be allowed.
(A) Between. the Boomsite Highway Wayside and the City of Stillwater.
(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 Rule~ Part 6105.0410, Subpart 2.
(3) Permit requirements.INO construction or development associated with a marina
shall begin until all of the following authorizations have been obtained by the
applicant. I
. I
(A) Marinas shall be:a Conditional Use in this Ordinance.
12
~
,.
e
e
..
e
(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. TRANSMISSION 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 ~art 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 railro.ad
crossing of public waters within the Riverway. Said permit shall be in
accordance with 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 flooding, inadequate drainage, soil and rock
formations with severe limitations for development, severe erosion
potential, unfavorable topography, inadequate water supply or sewer
disposal capabilities or any other feature likely to be harmful to the
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
unsuitability.
e
(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.
13
.
(8) All subdivisions shall compTy with the applicable provlSlons of the City 4It
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, al~ered dimensional standards may be allowed as
exceptions to thi$ Ordinance for planned cluster developments, provided:
(1) In urban dist~icts of this Ordinance and only where public sewer and
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. I .
(2) Open space shall be preserved. At least fifty percent (50%) of the
length of shorela~d 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 nee~s of the residents of the development.
i
Subd. 17. ADMINISTRATION.
(1) AdministrativeProcedwre.
i
i ~
(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 pe implemented with respect to land, subject to this
Ordi nance. I -.
(1) A public hear~ng shall be held for all zoning district amendments,
zoning'text amend~ents, conditional use permits, planned unit
developm~nts, subpivisions, and variances.
i
(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 jof Natural Resources.
I
I
(ii) Minnesota/~isconsin Boundary Area Commission.
(8) The applicant fo~ any permit requiring a public hearing shall submit to
the Community De~elopment Director at least thirty (30) days prior to
such hearing, an iabstractors certificate showing the names and adQresses e
of all property owners within 350 feet of the affected property, and any
14
"
e
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
least ten (10) days prior to the date of tne hearing.
(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.
.~
St. Croix Riyerway Ordinance 'Permits Urban District
District ~.
Building Permits LP
Septic Permits 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
e
Plats and Cluster Developments
PH - WA - FD
PH - WA - CC
Vari ances
15
,.
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 necessaryiby the local authority glvlng 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 Natutal Resources shall submit, after notice of public
hearing and before the local futhority gives preliminary approval, a written review
and approval of the project. ;
(5) Variances.
(A) Variances shall on y be granted where there are particular hardships
which make the str ct 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; i and the variance, if granted, will not alter the
essential character of the locality. Economic considerations alone
shall not constitu~ea hardship for the reasonable use of the property
and associated stroctures under the conditions allowed by this
Ordinance. In addition, no variance shall be granted that would permit
any use that is pr9hibited in this Ordinance in which the subject
property is locate~. .conditions may be imposed in the granting of a
variance to insure compliance and to protect adjacent properties and the
public interest, e.specially in regard to the view from the river.
,
(6)
(8) the public hearingjfor a variance shall be held
Commission and Citt' Council as set forth in the
Requirements of the Ap licant for a Public Hearing.
(A) The applicant shal~ submit sufficient copies of the following
information and ad~itional information as requested to the Community
Development Directpr thirty (30) days prior to the public hearing on the
application for a conditional use, variance, planned unit development,
or subdivision.
by the Pl anning
Zoning Ordinance.
(1) Plat of survey, showing the property location, boundaries,
dimensions, elevat~ons, blufflines, utility and roadway corridors, the
ordinary high water mark, floodway, and floodplain.
I
I
16
"
e
e
e
(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 capacity 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 preventio~ and control of water pollution, including
sedimentation~
"
. .
(4) The location of the site with respect to floodways, slopes, and
bl uffl ines. ".
(5) The erosion potential of the site based on degree and direction
. of slope, soil type, and vegetative cover.
(6) Potential impact on game and fish habitat.
(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.
e
(10) The compatibility of the proposed development with uses on
adjacent 1 aDd.
17
"
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 Ci~y Attorney, or State Attorney General, to institute
such action. I
B. Separability.
(1) It is hereby decl~red to be the intention that the several provisions of
this Ordinance are se~arable in accordance with the following:
I
I .
(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 ~f 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 speGifically included in said judgment.
i
I #
(C) Nothing conta~ned in this Ordinance repeals or amends any Ordinance
requiring a permit or license to engage in any business or occupation.
i'
,
PASSED BY
i -..
THE CITY COUNCIL TrIS
, 1989.
& j;:A-, DA Y OF a..,(J.NJJ
j)~~
ATTEST:
I
Yb~ ~~~
1 ty 1 er !
18
"
. .
e
e
e
e
- .
. .....
~ y Al h J j- JA.oJ
r--:0~~~~-;-~~~ -i:",~(.
..,-=.--'~- .0....,.,. ~..' r
~~~:';3::;;:;-,~:/
-.;;,...... ~., \
~'_~ .:::':::3.~~-4,,..,,
._--~; .'
. \.~... ~..~:L~
~t.;.';':-:--~' '~g:7.
.. -.,,~-""..\(.'''~'1''
-:-~,...... ~1;:;l
,- :;" - ~ ,1""=:-:.. r:-
-:--:-: =-:- ~.... , i'.:;.i - .
x:=:: ~ --'- ----.
~ '
-;=.~ w _ .... . .....
~~~~.'0,'~~
. ~~~:ci\\ ..
~ =.--:-:-11
~. . ;:-{.~i
a", i i : :: :-j 1 I
~~Jtei \; ~
,.. ;'~ ~.~ ~L;..' fi:~
.~..._..._~ ff$.
~,:-'I:'-~I~C:' ;;:i~
-:;-E~G:Jr-:':' 'IS
I
, ,
: h..
...i
= €f
~ .::
- "';:,
~~.\: '.
.~._'.~\~\ . . ~ . 0':. -.:!.
~,'c';:::'-'~'-". :'
~'~..-;o ~':1i:} " : ~
!,.~...,,:~...-:~~:-:. ..\
J~~~-<r"I/~~::~ :.
~ l _\.;\... <:""""..-U ";'J~ \ .
'''\~''::, ~\~~:._~ !..--;'
:'..\~:::?;:::.~~~'-: I
~~~-;:-.:;:--;.~:~: .
::.~?~,.~~~~1a\\. .#
., ?;.." 'f. ~ -<........., \\
\ -::'::f:~'~-?~~'
. ~..;::;......_~...~>:::JIII"O .,,:~~.. .
~ ..~~ ....\;:....c~:"'~~
. .J_~ -.......;:.~ ......~'"';:2'~~
. ~.::;:x~:~, ~.;;.~~. ~
~-.~;-:-~..:~~.:",,~c-:-.., \
~ . .~~~":I;oc""~" ~.
~',:...~~~-~~:r.'~ ' '"
::::d ~\'~.;.~d;;;=.;.r;~. \\ i
~~bS-~~~: - ,
~'@~~~ -~~',
~i:i~i~~::+.:~~~:" .
!..- ~.~"\ 'C '3~~;':;":'~ ~ ~ .1:.'
~._ ..:"_-"'" ...~ .~~ --- , \ >II>
~~~-._..\\~\~~~Si~... ,
~~ .- .\..c:y'-:-~~:::"''';', '" '
I\~'~~ .c.::'-..<'::~._~-'~c. ". .,. \
~~......-:: .........z:.---l ~t:;:..
I!:;'::::._~ ..;...'.::;;....-1~' . ~ ,,'-" ,\' ,
". -. ..,----~::::..:,_"!":"".'\~-;~~~
El~9s::==::=~ ~ ~:~~::, \,
~~;;;ii;~~~.:~~T., \ .',
=,==-====::r::::==>---= ~ . "", :
.,-- ===~~ =---:.=~~.>.>. ",
=:::-=~=~===~ J "\' \ " .
~!-~~~~'~CIF~~~:- .
i _ ~=~-:-. '='-~=~.,;\\'.' -~.'
IE==I t.:.!pCS!... '. 2'-~" ;)1. ~" .
I .. .~-_.~~ -:.:....=::. ....
'E.:=='=~ r.":.- r-, -'-1 1'-"- ,.- ..:.-1 i.'
1_-=---==--= ~=-::-:" , . ;::'
:~====:.====! ~~~t:.. ~;
- ==:==t::;=J=:: ., -~t.:....= : ~~ \
<:'5:
'Q
i~--:
.~\
..0
:
",
1300111'1 d./' j
. ..\.,
.. .~.
.
.
, .
"
~
...
e
RESOLUTION
No. 8064
BE IT RESOLVED, by the .City Council of the City of
Stillwater that an ordinance ame~dment has been adopted by the
City Council amending the Stillwater City Code by amending
Section 31.03, The Riverway Bluffland and Shoreland Ordinance,
and that the Council by four-fifths of its members, does find
that the attached Title and Summary of the ordinance as prepared
by the City Attorney, does clearly inform the public of the
intent and effect of the ordinance and the form of publication is
approved. This action is given as required by the Stillwater
City Charter Article V, S f. The form that shall be published is
as set forth hereafter:
TITLE AND SUMMARY
ORDINANCE NO. -1llii
AN ORDINANCE NffiNDING THE STILLWATER CITY CODE,
CHAPTER ~ 31.03
THE RIVERWAY BLUFFLAND AND SHORELAND ORDINANCE
1. This ordinance provides for the procedure to be used
and the standards to be applied to Development and redevelopment --
in the Riverway Bluffland and Shoreland District by:
(a) Designating suitable land use districts along the
bluffland and shoreland of the Lower st. Croix River.
(b) Regulating the area of a lot, and the length of
bluffland and water lot frontage suitable for building
sites.
(c) 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.
(d) Regulating the setback of structures and sanitary waste
treatment facilities from shorelines to protect the natural
scenic value, floodplain, and water quality.
(e) Regulating alterations of the natural vegetation and
topography.
e
(f) Conserving and protecting the natural scenic values,
historical and cultural resources of the river valley and
mairitaining 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 ~he Lower St. Croix National Scenic Riverway
(Minnesota Rules Part 6105.0351 to 6105.0550).
2. A printed qopy of the ordinance is 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.
3. Effective Date. This ordinance shall be in full force
and effect from and after its passage and publication according
to law.
Adopted by the City Council of Stillwater this
Ap r i 1 , 1 989 .
Attest:
~
Publish: July 19, 1989 .~
~
"
.. ..
18th day of
())CLd~
Wa ly ~brahamson, Mayor
..'
. >
e
e