7.c 2 Draft Ordinance Shoreland Management RegulationsCITY OF SCANDIA
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTER 5 OF THE SCANDIA DEVELOPMENT CODE,
SHORELAND MANAGEMENT REGULATIONS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Chapter 5 of the Development Code of the City of Scandia shall
be repealed and replaced with the new Chapter 5, Shoreland Management Regulations, as
follows:
SECTION 1. STATUTORY AUTHORIZATION AND PURPOSE
1.1 Statutory Authorization. This shoreland ordinance is adopted pursuant to the authorization and
policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Chapter 462.
1.2 Intent and Purpose. The Legislature of Minnesota has delegated responsibility to local
governments of the state to regulate the subdivision, use and development of the shorelands of
public waters and thus preserve and enhance the quality of surface waters, conserve the economic
and natural environmental values of shorelands, and provide for the wise use of waters and related
land resources. This responsibility is hereby recognized by the City of Scandia. (Potential addition
from current Shoreland ordinance: The City finds that the uncontrolled use of shorelands of the City
affects the public health, safety, and general welfare by contributing to pollution of public waters,
and potentially decreasing property, public, and natural resource values. It is the intent and purpose
of these regulations to:
(1) Designate suitable land use districts of reach body of public water.
(2) Regulate the placement of sanitary and waste treatment facilities on lots.
(3) Regulate the area of a lot and the length of water frontage suitable for building sites.
(4) Regulate the alteration of shorelands of public waters.
(5) Regulate alterations of the natural vegetation and the natural topography along shorelands.
(6) Conserve natural resources and maintain a high standard of environmental quality.
(7) Preserve and enhance the quality of surface water.
(8) Preserve the economic, natural, and environmental values of shorelands.
(9) Provide for the utilization of water and related land resources.
(10) Maintain water quality, reduce flooding and erosion, and to provide sources of food and
habitat for a variety of fish and wildlife.
Ordinance No. Page 1 of 36
2.0 GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction. The provisions of this ordinance apply to the shorelands of the public water bodies as
classified in Section 4.1 of this ordinance;. and to the sh,,.-ela ds of pu lie watef bodies greater -
10 eater
ogttl,tiens as pfovided by Minnesota ct„4„to, Chapter- 462.357 Subd 1. Pursuant to
Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres
in size in municipalities of 25 ae fes i of4ed afeas need be regulated in a local
government's shoreland regulations. A body of water created by a private user where there was no
previous shoreland may, at the discretion of the governing body, be exempt from this ordinance.
2.2 Enforcement. The City of Scandia is responsible for the administration and enforcement of this
ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with
grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by
law. Violations of this ordinance can occur regardless of whether or not a permit is required for a
regulated activity listed in Section 3.2 of this ordinance.
2.3 Severability. If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected thereby.
2.4 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
2.5 Relationship to Scandia Development Code. The regulations contained in this chapter of the City
of Scandia Development Code are in addition to and not in lieu of other regulations contained in
other chapters of the City of Scandia Development Code. Where the standards contained in any
other chapters of the Development Code are inconsistent with standards of this chapter, the more
restrictive standard shall apply, except that the standards pertaining to lot size, lot width, and
permitted uses contained in this chapter shall apply.
2.6 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the same meaning they have in common usage and to give this ordinance its
most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are
mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally.
Additions/change to definitions suggested based on Scandia Development Code definitions in
red.
Ordinance No. Page 2 of 36
(1) Accessory dwelling unit. A dwelling unit that is located on the same lot as a principal residential
or commercial structure to which it is accessory, and that is subordinate in area and form to the
principal use. A density unit is not attributed to this dwelling unit when calculating density.
(2) Accessory structure or €aeifi-tyuse. Any building „* that is la .. Boa on the same lot as
pa stf+t .,we a -aa tha4 is subefdifia4e to a pfineipal ttseA structure or use on the same lot with,
and of a nature customarilv incidental and subordinate to. the nrincinal use or structure.
(3) Animal feedlot. A facility as defined by Minnesota Rules, part 7020.0300.
(4) Bluff. A topographic feature such as a hill, cliff, or embankment having the following
characteristics:
A. Part or all of the feature is located in a shoreland area;
B. The slope rises at least 25 feet above the toe of bluff,
C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the
toe of the bluff averages 30 percent or greater, except that an area with an average
slope of less than 18 percent over a distance of at least 50 feet shall not be considered
part of the bluff; and
D. The slope must drain toward the waterbody.
Bluff, Bluff Impact Zone, Top and Toe of Bluff
Bluff impact zone -'
, I
I I
I I
I I
I r so It
26 ft
I I
I
I� 3611 � I
$eftwk
iforn top
of bluff
A �
I
SIOpO
Top of bluff AND
Upp&mo3150 It
eegrtrent Toe of
averagrg >18%
bluff or
OHWL '-
I I
I I
Bluff
a25 ft
ti--- Water-----�--
Ordinance No. Page 3 of 36
(5) Bluff impact zone. A bluff and land located within 20 feet of the top of a bluff.
(6) Bluff, Toe of. The lower point of a 50-foot segment with an average slope exceeding 18 percent or
the ordinary high water level, whichever is higher.
(7) Bluff, Top of. For the purposes of measuring setbacks, the higher point of a 50-foot segment with
an average slope exceeding 18 percent.
(8) Boathouse. A facility as defined by Minnesota Statutes Section 103G.245.
(9) Buffer. A vegetative feature as defined by Minnesota Statutes, Section 103F.48.
(10) Building line. A line parallel to a lot line or the ordinary high water level at the required setback
beyond which a structure may not extend.
(11) Controlled access lot. A lot used to access public waters or as a recreation area for owners of
nonriparian lots within the same subdivision containing the controlled access lot.
(12) Commercial planned unit developments. Developments that pr-evide transient, shoi4 tefm lodging
spaees, fooms, of paFeels and theif operations are essentially sefvice oriented. For- example,
of4ented activities ., eemfnefeial ,.1.,nne , n t developments.
(13) Commercial use. The principal use of land of buildings for- the sale, lease, rental, or- tfa
pfoduets, goods, and sen,ioes.
{4)(12) Commissioner. The commissioner of the Department of Natural Resources.
(-15)(13) Conditional use. n land use v development as defined by or—diva—nee tha4 would not �v
—ener-ally biA may be allowed with appfopnate r-est-Ftet4oas upon a finding that eei4ain
eenditions as detailed in the zoning or-dinanee exist, the use or- development e0fifefffis to the
eempfehensive land ttse plan of the eemwittnity, and the use is eampatible with the existing
neighberhooE-A specific type of structure or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with appropriate conditions or restrictions
as provided in the Development Code, and upon a finding that certain conditions as detailed in the
zoning orinance exist and that the structure and/or land use conform to the comprehensive land use
plan and are compatible with the existing neighborhood.
(16)(14) Deck. A horizontal, unenclosed platform with or without attached railings, seats, trellises,
or other features, attached or functionally related to a principal use or site and at any point extending
more than three feet above ground.
0-7)(15) Duplex, triplex, and quad. A dwelling structure on a single lot, having two, three, and
four units, respectively, attached by common walls and each unit equipped with separate sleeping,
cooking, eating, living, and sanitation facilities.
0-8)(16) Dwelling site. A designated location for residential use by one or more persons using
temporary or movable shelter, including camping and recreational vehicle sites.
09)(17) Dwelling unit.
E)r- long teFm living quai4er-s for- one or- mor-e per-sons, ineluding Fental of timeshare aeeow"naodations
Ordinance No. Page 4 of 36
stie , as mote' hotel and feset4 Teems an e b.*sA residential accommodation including complete
kitchen and bathroom facilities, permanently installed, which is arranged, designed, used or
intended for use exclusively as living quarters for 1 family.
(2A)(18) Extractive use. The use of land for surface or subsurface removal of sand, gravel, rock,
industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes,
Sections 93.44 to 93.51.
(2L)(19h-Forest land conversion. The clear cutting of forested lands to prepare for a new land use
other than reestablishment of a subsequent forest stand.
(22)(20) Guest cottage. A structure used as a dwelling unit that may contain sleeping spaces and
kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
(22) Height of building. The vertical distance between the highest adjoining ground level at the
building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest
point of a flat roof or average height of the highest gable of a pitched or hipped roof. This
definition may be adopted by the Development Code so that the definitions throughout the Code are
consistent.)
(23) Impervious surface. A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate of
flow than prior to development. Examples ;'ninclude rooftops; decks; sidewalks; patios;
driveways;swimming pools; parking lots; storage areas; concrete, asphalt, or gravel
daysroads;ap vers; and other similar surfaces.
(24) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage,
or transfer of goods, products, commodities, or other wholesale items.
(25) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip,
row, or block.
(26) Lot. A parcel of land designated by plat, metes and bounds, registered land survey, aiiditefs
pt"lat, or other accepted means and which description is either recorded in the Office of the
Washinaton Countv Recorder or Reeistrar of Titles or used by the Countv Trasurer or Counts
Assessor to separate such parcel from other lands for tax pufl2osessepar-114ed from other- par-ee
pet4ieasby said deser-iption for- the purpose of sale, lease,
Ordinance No. Page 5 of 36
Height of Building
Average height
of highest gable
of PROW or
hipped roof
Height of
_Q9
®fl
0 00-00
building
Mea&urernent 18ken
from 1) Highest
n
adjoining grand eves.
IJD
4f1 fl OR 2i 1(i It abase
Highest atoning
td+ 11 adoining ground
ground I&M
6ewel, whioho%W is lower,
l.rsrrest adjoining
ground level
(23) Impervious surface. A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate of
flow than prior to development. Examples ;'ninclude rooftops; decks; sidewalks; patios;
driveways;swimming pools; parking lots; storage areas; concrete, asphalt, or gravel
daysroads;ap vers; and other similar surfaces.
(24) Industrial use. The use of land or buildings for the production, manufacture, warehousing, storage,
or transfer of goods, products, commodities, or other wholesale items.
(25) Intensive vegetation clearing. The complete removal of trees or shrubs in a contiguous patch, strip,
row, or block.
(26) Lot. A parcel of land designated by plat, metes and bounds, registered land survey, aiiditefs
pt"lat, or other accepted means and which description is either recorded in the Office of the
Washinaton Countv Recorder or Reeistrar of Titles or used by the Countv Trasurer or Counts
Assessor to separate such parcel from other lands for tax pufl2osessepar-114ed from other- par-ee
pet4ieasby said deser-iption for- the purpose of sale, lease,
Ordinance No. Page 5 of 36
(27) Lot width. The minimum horizontal distance between:
A. Side lot lines measured at the midpoint of the building line; and
B. Side lot lines at the ordinary high water level, if applicable.
Lot Width
Building line
(structure
setback)
Midpoint
X ---
- X and Y must
each be as
bong as the
minimum lot
width
Y
OHV& Water
Ordinance No. Page 6 of 36
(28) Metallic minerals and peat. "Metallic minerals and peat" has the meaning given under Minnesota
Statutes, Sections 93.44 to 93.51.
(29) Nonconformity. Any legal use, structure or parcel of land already in existence, recorded, or
authorized before the adoption of official controls or amendments to those controls that would not
have been permitted to become established under the terms of the official controls as now written.
(30) Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation
delineating the highest water level which has been maintained for a sufficient period of time to
leave evidence upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level
is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high
water level is the operating elevation of the normal summer pool.
(31) Planned unit development. ^ type of development char- ^*er-ize byAll developments having two
or more uses on a single parcel of llti-
use structures, recreational uses, mixed residential and commercial -type devepoments, commercial -
type developments and industrial -type developments. fe f a fwfnber- ,.r dwelling units or- dwell;
sites on a par -eel, whether- for- sale, r-ent, or- lease, and also usually involving eluster-ing of these units
or- sites to provide areas of eammen open space, density iner-eases, and a fnix E)f stfueture type
land uses. These developments may be er-ganized and eper-a4ed as eendeminiuffis, time shafe
these, or- cluster- s4divisions of dwelling units, residential effideffliHiUffls, tOwfillotIses, apai4ffl
buildings, dwelling greefids, r-eer-ea4ional vehiele pafks, r-eser-ts, hotels, motels, and eenvefsiefis of
st..,,,.tofes and !..,a , es to these uses.
(32) Public waters. Any water as defined in Minnesota Statutes, Section 103G.005, Subd. 15, 15a.
(33) Residential planned unit development. A use where the nature of residency is nontransient and
the major or primary focus of the development is not service-oriented. For example, residential
apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and
full fee ownership residences would be considered as residential planned unit developments. To
qualify as a residential planned unit development, a development must contain at least five dwelling
units or sites.
(34) Resort. Any structure or group of structures containing more than 2 dwelling units or separate
living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease
basis for profit with the primary purpose of said structure or structures being recreational in nature.
Uses may include arg ocery for guests only, fish cleaning house, marine service, boat landing and
renal, recreational area and equipment and similar uses normally associated with a resort operation,
or as defined " in Minnesota et„ti,to, Seefiea 4 3F—.227Minnesota Statute,
Section 103F.227.
(35) Semipublic use. The use of land by a private, nonprofit organization to provide a public service
that is ordinarily open to some persons outside the regular constituency of the organization.
(36) Setback. The minimum horizontal distance between a structure, sewage treatment system, or other
facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway,
property line, or other facility. Distances are to be measured perpendicularly from the property line
to the portion of the structure closest to the prope , line.
Ordinance No. Page 7 of 36
(37) Sewage treatment system. "Sewage treatment system" has the meaning given under Minnesota
Rules, part 7080.1100, Subp. 82.
(38) Sewer system. Pipelines or conduits, pumping stations, and force main, and all other construction,
devices, appliances, or appurtenances used for conducting sewage or industrial waste or other
wastes to a point of ultimate disposal.
(39) Shore impact zone. Land located between the ordinary high water level of a public water and a line
parallel to it at a setback of 50 percent of the structure se
Shore Impact Zone
Structure
Structure
setback
Shoreimpact zone
zone
(50% of structure
setback)
OHWL
Water
tback.
(40) Shoreland. "Shoreland" means land located within the following distances from public waters:
A. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
B. 300 feet from a river or stream, or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater.
Ordinance No. Page 8 of 36
Definition of Shoreland
Designated
(mapped)
Ooodooin
Shoreland
Ver /.
l
1,0D0 ft
1,000 It
OHWL
Lake
Ordinance No. Page 8 of 36
(4 1) Shore recreation facilities. Swimming areas, docks, watercraft mooring areas and launching ramps
and other water recreation facilities.
(42) Significant historic site. Any archaeological site, standing structure, or other property that meets
the criteria for eligibility to the National Register of Historic Places or is listed in the State Register
of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of
Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on
either register or if it is determined to meet the qualifications for listing after review by the
Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be significant historic sites.
(43) Steep slope. Lands having average slopes over 12 percent, as measured over horizontal distances of
50 feet or more, which are not bluffs.
(44) Structure. Anything constructed or erected on the ground or attached to the ground or on-site
utiltiies, including but not limited to, building or appurtenance, including decks,factories, sheds,
detached garages, cabins, recreational vehicles not meeting the exemption criteria in the Scandia
Development Code, and similar items. Used interchangeably with "building" in the Development
Code. , telegraph, gas
lino" towers, ole" and other " ,. ftin,. f eilities
(45) Subdivision. Land that is divided for the purpose of sale, rent, or lease, including planned unit
developments, or the process of dividing land into two or more parcels for the purpose of transfer of
ownership, building, development, or tax assessment purposes by platting, replatting_registered
land survev. convevance. sale. contract for sale or other means by which a beneficial interest in land
is transferred. -
(46) Suitability analysis. An evaluation of land to determine if it is appropriate for the proposed use.
The analysis considers factors relevant to the proposed use and may include the following features:
susceptibility to flooding; existence of wetlands; soils, erosion potential; slope steepness; water
supply, sewage treatment capabilities; water depth, depth to groundwater and bedrock, vegetation,
near -shore aquatic conditions unsuitable for water-based recreation; fish and wildlife habitat;
presence of significant historic sites; or any other relevant feature of the natural land.
(47) Variance. "Variance" means the same as that defined in Minnesota Statutes Section 462.357 Subd.
6(2).
(48) Water -oriented accessory structure or facility. A small, above ground building or other
improvement, except stairways, fences, docks, and retaining walls, which, because of the
relationship of its use to surface water, reasonably needs to be located closer to public waters than
the normal structure setback. Examples of such structures and facilities include, watercraft and
watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas,
patios, and detached decks. Boathouses and boat storage structures given the meaning under
Minnesota Statutes, Section 103G.245 are not a water -oriented accessory structures.
(49) Water -dependent use. The use of land for commercial, industrial, public or semi-public purposes,
where access to and use of a public water is an integral part of the normal conduct of operation.
Marinas, resorts, and restaurants with transient docking facilities are examples of commercial uses
typically found in shoreland areas.
(50) Wetland. "Wetland" has the meaning given under Minnesota Rules, part 8420.0111.
Ordinance No. Page 9 of 36
KSI 1 �I 0.7r 1 [$010
3.1 Administration. The purpose of this Section is to identify administrative provisions to ensure the
ordinance is administered consistent with its purpose. Administration of this Chapter, including
issuance of variances, shall be in accordance with Chapter One of the City of Scandia Development
Code.
3.2 Permits.
3.21 A permit is required for the construction of buildings or building additions (including
construction of decks and signs), the installation and/or alteration of sewage treatment
systems, and those grading and filling activities not exempted by Section 8.3 of this
ordinance.
3.3 Application materials. Application for permits and other zoning applications such as variances
shall be made to the City of Scandia on the forms provided. The application shall include the
necessary information so that the City can evaluate how the application complies with the
provisions of this ordinance.
3.4 Certificate
zoning compliance
of Zoning Compliance. The (iHsert designated- 6q#eiao shall issue a eei4ifieate of
f6f each activity r -eq i i - ' . t as specified in Section 3.2 of this or-dinance.
This eet4if4eate
violation of
'Will Speeify that t e ]HISe, A -fl -A -Rd eve-n-4-4-44-4-InIs to the r-equir-ements of this or-dinanee. Any
this or-dinanee and shall be punisha I I . ' d in Seetion 2.2 of this or -din ----
3.5 Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357
and Chapter One, Section 6 of the Scandia Development Code. and are subjeet to the folio ^..t•
��Km
. �• ��
3.6 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of
the waterbody and the topographic, vegetation, and soil conditions to ensure:
3.61 The prevention of soil erosion or other possible pollution of public waters, both during and
after construction;
3.62 The visibility of structures and other facilities as viewed form public waters is limited;
3.63 There is adequate water supply and on-site sewage treatment; and
Ordinance No. Page 10 of 36
3.64 The types, uses, and numbers of watercraft that the project will generate are compatible in
relation to the suitability of public waters to safely accommodate these watercraft.
3.7 Conditions Attached to Conditional Use Permits. (added from current Shoreland ordinance). The City
of Scandia, upon consideration of the criteria listed above and the purposes of the chapter, shall attach such
conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this
chapter. Such conditions may include, but are not limited to, the following_
3.71 Increased setbacks from the ordinary high water level.
3.72Limitations on the natural vegetation to be removed or the requirement that additional vegetation
be planted.
3.73 Special provision for the location, design, and use of structrues, sewage treatment system,
watercraft launching and docking areas, and vehicle parkin areas.
reas.
3.7 Mitigation.
3.71 in evaittating all > eenditional zening and building per-foit ,
f
when apprapr-ia4e, the fellowing
conditions, when related I . . , . inal to the impact, to fneet the purpose of this
BiEe, t6pivccEt—& r'kEEiiEr�cs--c, ^cnmzthe rcEfL'sr.
A. A .1.., a st,..-m ,.,to.- .,�4'.v,.,,�.,..o.v management treatment;
e t. • �
C. !nor -easing setbacks ffom the or -dinar -y high water- level;
Tl Restoration of wetlands;
F. -Pr-ovisions for- the loeation, design, and Hse of stt:uetur-es, sewage treatment systems,
G-. A. Other- eenditions the zoning autherity deems neeessai=y.
Ordinance No. Page 11 of 36
3.72 in evaltiating plans to eefistf+tet sewage lfea4mefit systems,
feads, dr-ivewa-ys,
sti=aetfffes, of
other- impFovefnents on steep slopes, conditions to
prevent erosion and
to pFese
•
3.8 Nonconformities.
3.81 All legally established nonconformities as of the date of this ordinance may continue, but will
be managed according to Minnesota Statutes 462.357 Subd. le and Chapter One, Section 13
of the Scandia Development Code f r alterations and additions•, r-epaiF after damage;
discontinuance of and i tensifieation of use.
3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure
must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance.
Any deviation from these requirements must be authorized by a variance.
3.9 Notifications to the Department of Natural Resources.
3.91 All notices of public hearings to consider variances, ordinance amendments, or conditional
uses under shoreland management controls must be sent to the commissioner or the
commissioner's designated representative at least thirty days before the hearings. Notices of
hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
3.92 All approved ordinance amendments and subdivisions/plats, and final decisions approving
variances or conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked within ten
days of final action. When a variance is approved after the Department of Natural Resources
has formally recommended denial in the hearing record, the notification of the approved
variance shall also include the summary of the public record/testimony and the findings of
facts and conclusions which supported the issuance of the variance.
3.93 Any request to change the shoreland management classification of public waters within the
City must be sent to the commissioner or the commissioner's designated representative for
approval, and must include a resolution and supporting data as required by Minnesota Rules,
part 6120.3000, subp.4.
3.94 Any request to reduce the boundaries of shorelands of public waters within the City must be
sent to the commissioner or the commissioner's designated representative for approval and
must include a resolution and supporting data The boundaries of shorelands may be reduced
when the shoreland of water bodies with different classifications overlap. In these cases, the
topographic divide between the water bodies shall be used for adjusting the boundaries.
3.10 Mandatory EAW. An Environmental Assessment Worksheet consistent with Minnesota Rules,
Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part
4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a.
4.0 SHORELAND CLASSIFICATION SYSTEM AND LAND USES
4.1 Shoreland Classification System.
Ordinance No. Page 12 of 36
4.11 Purpose. To ensure that shoreland development on the public waters of the City of Scandia is
regulated consistent with the classifications assigned by the commissioner under Minnesota
Rules, part 6120.3300.
4.12 The shoreland area for the waterbodies listed in Sections 4.13 to 4.15 are defined in Section
2.550 and are shown on the Official Zoning Map.
4.13 Lakes are classified as follows:
Lake Classification
DNR Public Waters I.D. #
Recreational Development
Big Marine
52
Bone
54
Sylvan
80
Natural Environment
Sea
53
Nielson (Nielsen)
55
Unnamed (German)
56
Unnamed
57
Wojtowicz Pond
58
Goose
59
Unnamed
60
Unnamed
61
Unnamed
62
Fish
64
Hay
65
Unnamed
66
Sand
67
Long
68
Rasmussen Pond
70
White Rock
72
Clear
78
Elwell
79
Unnamed
165
4.14 Rivers and Streams are classified as follows:
River and Stream Classification
Legal Description
Tributary
Falls Creek
Sections 1, 6, 7 and 12, T32N R20 W
Crystal Springs
Sections 7 and 18, T32N R19W
Gilbertson
Section 19, T32N R 19W
Wild and Scenic Rivers
St. Croix River
The requirements of the Lower St. Croix River Bluffland and
Shoreland Management Regulations contained in the Washington
County Development Code, Chapter 5 must be followed, and are
herein adopted by reference.
82-1P
Ordinance No. Page 13 of 36
4.15 All public rivers and streams shown on the Public Waters Inventory Map for Washington
County, a copy of which is adopted by reference, not given a classification in Section
4.14 shall be considered "Tributary."
4.2 Land Uses.
4.21 Purpose. To identify land uses that are compatible with the protection and preservation of
shoreline resources in order to conserve the economic and environmental values of shoreland
and sustain water quality.
4.22 All lands within shoreland areas of lakes in the City of Scandia shall be designated as
Agricultural, Village, or Residential Land Use Districts. (From current Shoreland Ordinance,.
added Agriculture.)
4.23 Shoreland district land uses listed in Sections 4.23 and 4.24 are regulated as:
A. Permitted uses (P). These uses are allowed, provided all standards in this ordinance are
followed;
B. Conditional uses (C). These uses are allowed through a conditional use permit. The use
must be evaluated according to the criteria in Section 3.6 of this ordinance and any
additional conditions listed in this ordinance; and
C. Not permitted uses (N). These uses are prohibited.
D. Administrative Permit (AP). These uses are permitted with an Administrative Permit.
The use must be evaluated according to the criteria in Chapter 2 of the Scandia
Development Code.
E. Planned Unit Development (PUD). These uses are permitted with approval of an
Planned Unit Development. The use must be evaluated according to the criteria in
Chapter 2 Section 7 of the Scandia Development Code.
4.23 Land uses for lake classifications:
Land Uses
Recreational
Development
Natural
Environment
Single residential
P
P
Accessory Apartment (accessory to a single-family residential use)
C
C
Home Occupation (accessory to a single-family residential use)
AP
AP
Duplex, triplex, quad residential
PIN
EN
Residential PUD
C/PUD
C/PUD
Open Space Conservation Subdivision
PUD
PUD
Water -dependent commercial - As accessory to a residential planned
unit development
C
C
Commercial
PN
EN
Bed and Breakfast
C
C
Commercial PUD - Limited expansion of a commercial planned unit
development involving up to six additional dwelling units or sites
may be allowed as a permitted use provided the provisions of
Section 10.0 of this ordinance are satisfied.
EN
EN
Essential Services
P
P
Museums
P
P
Ordinance No. Page 14 of 36
Parks & historic sites
GP
GP
Public, semipublic
PIN
GN
Place of Worship
C
C
Industrial
GN
NN
Agricultural: cropland and pasture
P
P
Agricultural feedlots - New
N
N
Agricultural feedlots - Expansion or resumption of existing
GN
GN
Forest management
P
P
Forest land conversion
GN
GN
Extractive use
GN
GN
Mining of metallic minerals and peat
PN
PN
4.24 Land uses for river and stream classifications: Current ordinance includes A and B
A. All lands within the shoreland of the St. Crox River shall be governed by the Lower St.
Croix River Bluffland and Shoreland Management Regulations contained in the
Washington County Development Code, Chapter 5.
B. Tributary Streams. Al lands abutting tributary streams covered by this chapter shall be
,governed by the underlyingzoning oning district as it pertains to minimum lot size and
permitted uses. Setback and lot width requirements shall be as contained in this
chapter.
Or could use the Table from Model Ordinance?
Land Uses
Tributary
Single residential
P
Duplex, triplex, quad residential
PN_
Residential PUD
C/PUD
Water -dependent commercial - As accessory to a
residential planned unit development
C/PUD
Commercial
P or C
Commercial PUD - Limited expansion of a
commercial PUDs involving up to six additional
dwelling units or sites may be allowed as a
permitted use provided the provisions of Section
10.0 of this ordinance are satisfied.
GN
Parks & historic sites
GP
Public, semipublic
P
Industrial
GP or C
Agricultural: cropland and pasture
P
Agricultural feedlots - New
N
Agricultural feedlots - Expansion or resumption
of existing
GN
Forest management
P
Forest land conversion
GN
Extractive use
GN
Mining of metallic minerals and peat
P -N
Ordinance No. Page 15 of 36
6110109.Bra /YE1llafm ' 1lf/_fI1130 ]
5.1 Commercial, Industrial, Public, and Semipublic Use Standards. (these are in the current
Shoreland ordinance0
5.11 Water -dependent uses maybe located on parcels or lots with frontage on public waters
provided that:
A. The use complies with provisions of Section 7.0;
B. The use is designed to incorporate topographic and vegetative screening of parking areas
and structures;
C. Uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum
size necessary to meet the need; and
D. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided
that:
(1) Signs placed in or on public waters must only convey directional information or
safety messages and may only be placed by a public authority or under a permit
issued by the county sheriff, and
(2) Signs placed within the shore impact zone are:
(a) No higher than ten feet above the ground, and no greater than 32 square feet
in size; and
(b) If illuminated by artificial lights, the lights must be shielded or directed to
prevent illumination across public waters; and
(3) Other lighting may be located within the shore impact zone or over public waters if
it is used to illuminate potential safety hazards and is shielded or otherwise directed
to prevent direct illumination across public waters. This does not preclude use of
navigational lights.
5.12 This item would be new. C,,,,.mer-eia , indust44, Public, and semi-public uses that are not
water -dependent must be located on lots or parcels without public waters frontage, or, if
located on lots or parcels with public waters frontage, must either be set back double the
ordinary high water level setback or be substantially screened from view from the water by
vegetation or topography, assuming summer, leaf -on conditions.
5.2 Agriculture Use Standards.
5.21 Buffers.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming,
and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact
zones are maintained in perennial vegetation or operated under an approved
conservation plan (Resource Management Systems) consistent with the field office
technical guides of the local soil and water conservation districts or the Natural
Resource Conservation Service, as provided by a qualified individual or agency.
Ordinance No. Page 16 of 36
B. The shore impact zone for parcels with permitted agricultural land uses is equal to a line
parallel to and 50 feet from the ordinary high water level.
5.22 New animal feedlots are not allowed in shoreland. Modirieationg; to e*isting
feedlots or- r-lestimption of old feedlots are conditional uses and mus"ne-e—
standards
:rRreesse�srrsss3ees�s�s�:�se:essrss.. . eestrris�ers.:eszsrsssrssr_��!�rsrse�s�. .
5.3 Forest Management Standards.
5.31 The harvesting of timber and associated reforestation must be conducted consistent with the
applicable provisions of the Sustaining Minnesota Forest Resources: Voluntary Site -Level
Forest Management Guidelines for Landowners, Loggers and Resource Managers.
5.32 Intensive vegetation clearing for forest land conversion to another use is a conditional use
subject to an erosion control and sedimentation plan developed and approved by the soil and
water conservation district.
5.4 Extractive Use Standards. Extr-al tises are eonditional uses and must meet the foll- '
*Mining and Related Activities. AgIzi Mining and related activities are related by
the Scandia Development Code, Chapter 4.
._ .
FE W-117111 I
Ordinance No. Page 17 of 36
6.0 DIMENSIONAL AND GENERAL PERFORMANCE STANDARDS
6.1 Purpose. To establish dimensional and performance standards that protect shoreland resources
from impacts of development.
6.2 Lot Area and Width Standards. After the effective date of this ordinance, all new lots (except
Outlots created as part of a subdivision) must meet the minimum lot area and lot width
requirements in Sections 6.25 and 6.26, subject to the following standards:
6.21 Only lands above the ordinary high water level can be used to meet lot area and width
standards;
6.22 Lot width standards must be met at both the ordinary high water level and at the building line;
6.23 The sewer- !at area dimensions ean only be used if ptibliely owned seweF system
available to the property;
6.24 Residential subdivisions with dwelling unit densities exceeding those in Sections 6.25 and
6.26 are allowed only if designed and approved as residential PUDs under Section 10.0 of
this ordinance; and Cities PUD ordinance does not allow increase in density above
District Densities in the Development Code.
6.25 Lake Minimum Lot Area and Width Standards:
Recreational Development — No Sewer
Scandia
Current
Riparian
Nonriparian
Lot Area (sf) Lot Width (ft)
Lot Area (sf)
Lot Width (ft)
Lot Area
Lot Width (ft)
Single
40,000
150
40,000
150
2.5 acres
150
Duplex
80,000
225
80,000
265
NA
NA
Triplex
120,000
300
120,000
375
NA
NA
Quad
160,000
375
160,000
490
NA
NA
Natural Environment — No Sewer
Riparian
Nonriparian
Lot Area (sf)
Lot Width (ft)
Lot Area (sf)
Lot Width (ft)
Lot Area
Lot Width
Single
80,000
200
80,000
200
5 acres
Goose Lake —
2.5 acres
300 feet
Goose Lake —
150 feet
Duplex
120,000
300
160,000
400
NA
NA
Triplex
160,000
400
240,000
600
NA
NA
Quad
200,000
500
320,000
800
NA
NA
6.26 River/Stream Minimum Lot Width Standards. There are no minimum lot area requirements
for rivers and streams. The lot width standards in feet are:
Ordinance No. Page 18 of 36
Tributary Streams—Underlying zoning district standards apply – See Scandia Development Code, Chapter 2
A722A.21
6.3 Special Residential Lot Provisions.
6.31 Accessory Dwellings are permitted as accessory uses and shall be governed by the standards
in the Scandia Development Code, Chapter 2.
be located within nafea equalto the smallest duplex sized lot that „ld be
A. _^_ guest eottageAn accessory dwelling must be located or designed to reduce its visibility
as viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer leaf -on conditions.
6.32 Controlled access lots are permissible if created as part of a subdivision and in compliance
with the following standards:
A. The lot must meet the area and width requirements for residential lots, and be suitable for
the intended uses of controlled access lots as provided in item D;
B. If docking, mooring, or over -water storage of more than six (6) watercraft is to be
allowed at a controlled access lot, then the width of the lot (keeping the same lot depth)
must be increased by a percentage of the requirements for riparian residential lots for
each watercraft beyond six, consistent with the following table:
Controlled Access Lot Fro ntage Requirements
Ratio of lake size to shore
length acres/mile
Required percent
increase in frontage
Less than 100
25%
100-200
20%
201-300
15%
301-400
10%
Greater than 400
5%
C. The lot must be jointly owned by all purchasers of lots in the subdivision or by all
purchasers of nonriparian lots in the subdivision who are provided riparian access
rights on the access lot; and
D. Covenants or other equally effective legal instruments must be developed that:
(1) Specify which lot owners have authority to use the access lot;
Ordinance No. Page 19 of 36
(2) Identify what activities are allowed. The activities may include watercraft
launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or
picnicking;
(3) Limit the total number of vehicles allowed to be parked and the total number of
watercraft allowed to be continuously moored, docked, or stored over water;
(4) Require centralization of all common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation alterations; and
(5) Require all parking areas, storage buildings, and other facilities to be screened by
vegetation or topography as much as practical from view from the public water,
assuming summer, leaf -on conditions.
6.4 Placement, Height, and Design of Structures.
6.41 Placement of Structures and Sewage Treatment Systems on Lots. When more than one
Q
e
t
b
a
c
k
a
Classification
Structures
Sewage Treatment
System
Model Ord
Scandia
Lakes
Natural Environment
150 200
150
Recreational Development
100 100
75
Rivers and Streams
Tributary 100 200 75 (150)
pplies to a site, structures and facilities must be located to meet all setbacks, and comply with
the following provisions:
A. OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must
meet the following setbacks from the Ordinary High Water Level (OHWL_), exeept
the 014W -U
Structure Setback Averaging
Existing
P'�>Fx75[?ti rV
Fxi--
struclure
51RMhife s
Structure setback
X _____
1 _ ______�
Shore
X . Y :- 2
pact none
1
O WL
Ordinance No. Page 20 of 36
G-3. Setbacks of decks. (This section is the same in the current Shoreland Ordinance.)
Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria are
met:
(1) The structure existed on the date the structure setbacks were established;
(2) A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure;
(3) The deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback of the structure from the ordinary high water level or
is no closer than 30 feet from the OHWL, whichever is more restrictive; and
(4) The deck is constructed primarily of wood, and is not roofed or screened.
D. Additional structure setbacks. Structures must also meet the following setbacks,
regardless of the waterbody classification:
Setback from:
Deck Encroachment
Top of bluff
30
Unplatted cemetery
eck additions
Right-of-way line of federal, state, or county highway
50
ar pre-existing
20
Unclassified waterbodies (all jurisdictional wetlands as defined in the
Minnesota Wetland Conservation Act, Minnesota Rules Chapter 8420)
tructures may
urther encroach
Ento
the setback
sup
to 30 ft toward
othe
shore or
15°le of the
Structurestructure
t1whichever
setback,
setback
bwhichever
is more
restrictive.
ShoreMpact
zone
OHWL
Water
D. Additional structure setbacks. Structures must also meet the following setbacks,
regardless of the waterbody classification:
Setback from:
Setback (ft)
Top of bluff
30
Unplatted cemetery
50
Right-of-way line of federal, state, or county highway
50
Right-of-way line of town road, public street, or other roads not classified
20
Unclassified waterbodies (all jurisdictional wetlands as defined in the
Minnesota Wetland Conservation Act, Minnesota Rules Chapter 8420)
75
E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except
stairways and landings, must not be placed within bluff impact zones.
Ordinance No. Page 21 of 36
6.42 Height of Structures. All structures in residential districts, except churches and nonresidential
agricultural structures, must not exceed 25 feet in height. Current Scandia Shoreland
Ordinance requirement and Development Code requirement is 35 feet.
6.43 Lowest Floor Elevation. Structures must be placed in accordance with any floodplain
regulations applicable to the site. Where these controls do not exist, the elevation to which the
lowest floor, including basement, is placed or flood -proofed must be determined as follows:
A. For lakes, by placing the lowest floor at a level at least three feet above the highest
known water level, or three feet above the ordinary high water level, whichever is
higher;
B. For rivers and streams, by placing the lowest floor at least three feet above the
highest known flood elevation. If data are not available, by placing the lowest floor at
least three feet above the ordinary high water level, or by conducting a technical
evaluation to determine effects of proposed construction upon flood stages and flood
flows and to establish a flood protection elevation. Under all three approaches,
technical evaluations must be done by a qualified engineer or hydrologist consistent
with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of
flood plain areas. If more than one approach is used, the highest flood protection
elevation determined must be used for placing structures and other facilities; and
C. If the structure is floodproofed instead of elevated under items A and B above, then it
must be floodproofed in accordance with Minnesota Rules, part 6120.5900 Subp. 3.
Lowest Floor Elevation
oa oa
3 ft above �HwL
06 or highest known
water level QHWL or highest
a _ known water levet
---- a_--
��----�--- — aft
Lowest floor ®— — water
elevation
Ordinance No. Page 22 of 36
6.44 Significant Historic Sites. No structure may be placed on a significant historic site in a
manner that affects the values of the site unless adequate information about the site has been
removed and documented in a public repository.
6.5 Water Supply and Sewage Treatment.
6.51 Water supply. Any public or private supply of water for domestic purposes must meet or
exceed standards for water quality of the Minnesota Department of Health and the Minnesota
Pollution Control Agency.
6.52 Sewage treatment. Any premises used for human occupancy must comply with Minnesota
Rules, Chapters 7080 — 7081 and the Washington County Development Code, Chapters 4 and
8, Subsurface Sewage Treatment Systems and 201 Systems.
7.0 PERFORMANCE STANDARDS FOR PUBLIC AND PRIVATE FACILITIES
7.1 Placement and Design of Roads, Driveways, and Parking Areas. Public and private roads and
parking areas must be designed to take advantage of natural vegetation and topography to achieve
maximum screening as viewed from public waters and comply with the following standards:
7.11 Roads, driveways, and parking areas must meet structure setbacks and must not be placed
within bluff and shore impact zones, when other reasonable and feasible placement
alternatives exist. If no alternatives exist, they may be placed within these areas, and must be
designed to minimize adverse impacts;
7.12 Watercraft access ramps, approach roads, and access -related parking areas may be placed
within shore impact zones provided the vegetative screening and erosion control conditions
of this subpart are met;
7.13 Private facilities must comply with the grading and filling provisions of Section 8.3 of this
ordinance; and
7.14 For public roads, driveways and parking areas, documentation must be provided by a
qualified individual that they are designed and constructed to minimize and control erosion to
public waters consistent with the field office technical guides of the local soil and water
conservation district, or other applicable technical materials.
7.2 Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.
Stairways, lifts, and landings must meet the following design requirements:
7.21 Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways
may be used for commercial properties, public recreational uses, and planned unit
developments;
7.22 Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet
in area. Landings larger than thirty-two (32) square feet may be used for commercial
properties, public -space recreational uses, and planned unit developments;
7.23 Canopies or roofs are not allowed on stairways, lifts, or landings;
Ordinance No. Page 23 of 36
7.24 Stairways, lifts, and landings may be either constructed above the ground on posts or pilings,
or placed into the ground, provided they are designed and built in a manner that ensures
control of soil erosion;
7.25 Stairways, lifts, and landings must be located in the most visually inconspicuous portions of
lots, as viewed from the surface of the public water assuming summer, leaf -on conditions,
whenever practical; and
7.26 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also
allowed for achieving access to shore areas, if they are consistent with the dimensional and
performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules,
Chapter 1341.
7.3 Water -oriented Accessory Structures or Facilities. Each lot may have one water -oriented
accessory structure or facility if it complies with the following provisions: (DISCUSSION: the
DNR's intent is to permit one water -oriented accessory structure for shoreland parcels, and it does
not need to comply with OHWL setbacks. Since the lake side is considered the front yard in the
City's ordinance, and accessory structures are not permitted in front yards, should this section be
eliminated, or are water -oriented structures an exception?)
7.31 The structure or facility must not exceed ten feet in height, exclusive of safety rails, and
cannot occupy an area greater than 250 square feet. The structure or facility may include
patios or detached decks not exceeding eight feet above grade at any point;
7.32 The structure or facility is not in the Bluff Impact Zone;
7.33 The setback of the structure or facility from the ordinary high water level must be at least ten
feet;
7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota
Statutes, Section 103G.245;
7.35 The structure or facility must be treated to reduce visibility as viewed from public waters and
adjacent shorelands by vegetation, topography, increased setbacks or color, assuming
summer, leaf -on conditions;
7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed or used
as a storage area;
7.37 The structure or facility must not be designed or used for human habitation and must not
contain water supply or sewage treatment facilities;
7.38 As an alternative for general development and recreational development waterbodies, water -
oriented accessory structures used solely for storage of watercraft and boating -related
equipment may occupy an area up to 400 square feet provided the maximum width of the
structure is 20 feet as measured parallel to the shoreline; and
7.39 Water -oriented accessory structures may have the lowest floor placed lower than the
elevation specified in Section 6.43 if the structure is constructed of flood -resistant materials
to the elevation, electrical and mechanical equipment is placed above the elevation and, if
Ordinance No. Page 24 of 36
long duration flooding is anticipated, the structure is built to withstand ice action and wind -
driven waves and debris.
8.0 VEGETATION AND LAND ALTERATIONS
8.1 Purpose. Alterations of vegetation and topography are regulated to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping,
sustain water quality, and protect fish and wildlife habitat.
8.2 Vegetation Management.
8.21 Removal or alteration of vegetation must comply with the provisions of this subsection
except for:
A. Vegetation alteration necessary for the construction of structures and sewage treatment
systems under validly issued permits for these facilities;
B. The construction of public roads and parking areas if consistent with Section 7.1 of this
ordinance;
C. Forest management uses consistent with Section 5.3 of this ordinance; and
D. Agricultural uses consistent with Section 5.2 of this ordinance.
8.22 Intensive vegetation clearing in the shore and bluff impact zones and on steep slopes is
prohibited. Intensive clearing outside of these areas is allowed if consistent with the forest
management standards in Section 5.3 of this ordinance.
8.23 Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on
steep slopes, is allowed to provide a view to the water from the principal dwelling and to
accommodate the placement of stairways and landings, picnic areas, access paths, livestock
watering areas, beach and watercraft access areas, and permitted water -oriented accessory
structures or facilities, provided that:
A. The screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf -on conditions, is not substantially reduced;
B. Existing shading of water surfaces along rivers is preserved;
C. Cutting debris or slash shall be scattered and not mounded on the ground; and
D. Perennial ground cover is retained.
Ordinance No. Page 25 of 36
8.24 Removal of trees, limbs, or branches that are dead, diseased, dying, or pose safety hazards is
allowed without a permit.
8.25 Fertilizer and pesticide runoff into surface waters must be minimized through use of
vegetation, topography or both.
8.3 Grading and Filling.
8.31 Grading and filling activities must comply with the provisions of this subsection and the
Scandia Development Code, Chapter 2, Sections 3.6.
8.32 Permit Requirements.
A. Grading, filling and excavations necessary for the construction of structures and sewage
treatment systems, if part of an approved permit, do not require a separate grading and
filling permit. However, the standards in Section 8.33 of this ordinance must be
incorporated into the permit.
B. For all other work, a grading and filling permit is required for:
(1) the movement of more than ten (10) cubic yards of material on steep slopes or
within shore or bluff impact zones (Current Shoreland ordinance requires
"Grading or filling is prohibited within the bluff impact zone or shore impacts
zone. Grading outside these areas shall require a grading permit."); and
(2) the movement of more than 50 cubic yards of material outside of steep slopes and
shore and bluff impact zones. (This is the same as the Scandia Development
Code standard for all areas of the City."
8.33 Grading, filling and excavation activities must meet the following standards:
A. Grading or filling of any wetland must meet or exceed the wetland protection standards
under Minnesota Rules, Chapter 8420 and any other permits, reviews, or approvals by
other local state, or federal agencies such as watershed districts, the DNR or US Army
Corps of Engineers;
B. Land alter- 4ien Grading filling and excavation activities must be designed and
implemented to minimize the amount of erosion and sediment from entering surface
waters during and after construction consistently by: (The first five items below
duplicate the City's Development Code requirements; the others are unique to
shorelando
() Limiting the .-mount and time of b -e ground
(2Using tempvrw=y gi-70ufid eavE'Fsrsueh as
o o;
ii lehes or- Similar- fflmer-ials;
traps,
;
(5) Stabilizing altered afeas to aeeeptable erosion
eepAr-al standar-ds eensistentwith
Ordinance No. Page 26 of 36
(6)tallot placing fill or excavated material in a manner that creates unstable slopes.
Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create finished
slopes of 30 percent or greater;
(7)QFill or excavated material must not be placed in bluff impact zones;
(-&)(Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner under Minnesota Statutes, Section 103G;
(-94(4)_Alterations of topography are only allowed if they are accessory to permitted or
conditional uses and do not adversely affect adjacent or nearby properties; and
("LL) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if:
(a) the finished slope does not exceed three feet horizontal to one foot vertical;
(b) the landward extent of the riprap is within ten feet of the ordinary high
water level; and
(c) the height of the riprap above the ordinary high water level does not exceed
Riprap Guidelines
Above OHWL: get local Below OHWL get DNR
government unit permit permit or permission
<3 ft i above ' - A OHWL- - -
OHWL
4S0 it horizontal
distance frons OHWIL water
Fitler
i
3
Finished slope below OHWL must
be less than a 1:3 ratio
three feet.
8.34 Connections to public waters. Excavations to connect boat slips, canals, lagoons, and harbors
to public waters require a public waters permit and must comply with Minnesota Rules,
Chapter 6115.
8.4 Stormwater Management.
8.41 General Standards:
A. When possible, existing natural drainageways, and vegetated soil surfaces must be used
to convey, store, filter, and retain stormwater runoff before discharge to public waters.
B. Development must be planned and conducted in a manner that will minimize the extent
of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff
Ordinance No. Page 27 of 36
volumes. Disturbed areas must be stabilized as soon as possible and appropriate
facilities or methods used to retain sediment on the site.
C. When development density, topography, soils, and vegetation are not sufficient to
adequately handle stormwater runoff, constructed facilities such as settling basins,
skimming devices, dikes, waterways, ponds and infiltration may be used. Preference
must be given to surface drainage, vegetation, and infiltration rather than buried pipes
and man-made materials and facilities.
8.42 Specific Standards:
A. Impervious surfaces of lots must not exceed 25 percent of the lot area.
B. ,
pr-ovided by a qualified individual that the), are designed and installed eEfflsistefll with
the field offiee teehnical pide of the Weal soil and water- eanser-Vation distr-iet or- the
Minnesota S*o..,.,..,ater- Manual, as pliea le.Stormwater management and design shall
be in accord with the requirements of the Scandia Development Code Chapter 2,
Section 3.7, Scandia's Engineering Standards, and the requirements of the local
Watershed District.
C. New constructed stormwater outfalls to public waters must be consistent with Minnesota
Rules, part 6115.0231.
Ordinance No. Page 28 of 36
9.0 SUBDIVISION/PLATTING PROVISIONS
9.1 Purpose. To ensure that new development minimizes impacts to shoreland resources and is safe and
functional.
9.2 Land suitabilityRequirements. Eaeh Wt , eate th-atigh stibdivisi n ineluding planned , flit
foF the proposed ttse with minimal alteration A suitability analysis must be conducted for- e
pFepesed stibdivision, ineluding planned unit developments, to detefmifie i4he subdivision is
stfitable in its flatiir-al state f0f the Proposed tise with minimal alteration and whether- any fea4ti
the land is likely to be har-fnfal to the health, safety, or-welfar-e of ftttufe residents of the proposed
subdivision of of the ,.,.r.,ri uni- � All subdivisions, lot consolidations, lot line adjustments, and
Dlattina shall combly shall combly with the reauirements of the Scandia Development Code.
Chapter 3.
9.3 Consisteney with other controls. Subdivisions and eaeh lot in a subdivision shall meet
all off4eial eafitr-els so that . iot needed WeF to use the lots for- theif intended pttr-p
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Ordinance No. Page 29 of 36
10.11111 W-10 OIN W.
.10
10.0 PLANNED UNIT DEVELOPMENTS (PUDs)
10.1 Purpose. To protect and enhance the natural and scenic qualities of shoreland areas during
and after development and redevelopment of high density residential and commercial uses.
10.2 Types of PUDs Permissible. Planned unit developments (PUDs) are allowed for new
projects on undeveloped land, redevelopment of previously built sites, or conversions of
existing buildings and land. Deviation from the minimum lot size standards of Section 6.2 of
this ordinance is allowed if the standards in this Section are met.
10.3 Processing of PUDs. Planned unit developments must be processed as a conditional use. An
expansion to an existing eeminer-eial PLIP 4velving 6 or- less new &,elliag units or- sites
sinee the date this or-dinanee was adopted is per-missibie as a peffflitted t1se pr-ovided the total
pr-qj eet density does not eheeed the allowable densities ealettlated in the pr-oj eet density
. Approval cannot occur until all applicable
environmental reviews are complete.
10.4 Application for a PUD. The applicant for a PUD shall follow the process and requirements
for a PUD in accord with Chpater 2, Section 7 of the Scandia Development Code, and must
also submit the following documents prior to final action on the application request:
10.41 Site plan and/or plat showing:
A. Locations of property boundaries;
B. Surface water features;
C. Existing and proposed structures and other facilities;
D. Land alterations;
E. Sewage treatment and water supply systems (where public systems will not be
provided);
F. Topographic contours at ten -foot intervals or less; and
Ordinance No. Page 30 of 36
G. Identification of buildings and portions of the project that are residential,
commercial, or a combination of the two (if project combines commercial and
residential elements).
10.42 A property owners association agreement (for residential PUD's) with mandatory
membership, and consistent with Section 10.6 of this ordinance.
10.43 Deed restrictions, covenants, permanent easements or other instruments that:
A. Address future vegetative and topographic alterations, construction of additional
buildings, beaching of watercraft, and construction of commercial buildings in
residential PUDs; and
B. Ensure the long-term preservation and maintenance of open space in accordance
with the criteria and analysis specified in Section 10.6 of this ordinance.
10.44 A master plan/site plan describing the project and showing floor plans for all commercial (not
currently allowed in most districts around lakes) structures.
10.45 Additional documents necessary to explain how the PUD will be designed and will function.
10.5 Density Determination. Proposed new or expansions to existing planned unit developments must
be evaluated using the following procedures.
10.51 Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing
one or more lines parallel to the ordinary high water level at the following intervals, proceeding
landward:
Classification
No Sewer
Tier De th
ft Sewer ft
General Development Lakes — 1 st tier
200
200
General Development Lakes — all other tiers
267
200
Recreational Development Lakes
267
267
Natural Environment Lakes
400
320
All Rivers
300
300
10.52 Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each
tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public
waters.
10.53 Step 3. Determine Base Density:
A. For residential PUDs, divide the suitable area within each tier by the minimum single
residential lot area for lakes to determine the allowable number of dwelling units, or
base density, for each tier. For rivers, if a minimum lot area is not specified, divide
the tier width by the minimum single residential lot width.
B. For commercial PUDs:
(1) Determine the average area for each dwelling unit or dwelling site within each
tier. Include both existing and proposed dwelling units and sites in the
calculation.
Ordinance No. Page 31 of 36
(a) For dwelling units, determine the average inside living floor area of dwelling
units in each tier:
For average floor area less than 200 sf, use 200 sf.
II. For average floor area greater than 1,500 sf, use 1,500 sf.
(b) For dwelling sites (campgrounds), determine the area of each dwelling site as
follows:
I. For manufactured homes, use the area of the manufactured home, if
known, otherwise use 1,000 sf.
II. For recreational vehicles, campers or tents, use 400 sf.
(2) Select the appropriate floor area/dwelling site area ratio from the following table
for the floor area or dwelling site area determined in Section 10.53 B. 1.
Inside
Floor Area/Dwelling Site Area Ratio
Living
Floor
Area or
Dwellin
g Site
Area
(SO
General Development
Lakes w/Sewer - all
tiers
General Development
Lakes w/no sewer -1St
tier
Agricultural, Urban and
Tributary Rivers
General Development
Lakes w/no sewer - all
other tiers
Recreational
Development Lakes
Forested and Transition
Rivers
Natural Environment
Lakes
Remote Rivers
200
.040
.020
.010
300
.048
.024
.012
400
.056
.028
.014
500
.065
.032
.016
600
.072
.038
.019
700
.082
.042
.021
800
.091
.046
.023
900
.099
.050
.025
1,000
.108
.054
.027
1,100
.116
.058
.029
1,200
.125
.064
.032
1,300
.133
.068
.034
1,400
.142
.072
.036
1,500
.150
.075
.038
(3) Multiply the suitable area within each tier determined in Section 10.52 by the
floor area or dwelling site area ratio to yield the total floor area or dwelling site
area for each tier to be used for dwelling units or dwelling sites.
(4) Divide the total floor area or dwelling site area for each tier calculated in Section
10.53 B. 3 by the average inside living floor area for dwelling units or dwelling
site area determined in 10.53 B 1. This yields the allowable number of dwelling
units or dwelling sites, or base density, for each tier.
Ordinance No. Page 32 of 36
C. Allowable densities may be transferred from any tier to any other tier further from
the waterbody, but must not be transferred to any tier closer to the waterbody.
D. All PUDs with densities at or below the base density must meet the design standards
in Section 10.6
10.54 Step 4. Determine if the Site can Accommodate Increased Density (the Development Code
regulations for PUD's currently do not permit increased densities—density transfer
only is permitted):
A. The following increases to the dwelling unit or dwelling site base densities
determined Section 10.53 are allowed if the design criteria in Section 10.6 of this
ordinance are satisfied as well as the standards in Section 10.54, item B:
Shoreland Tier
Maximum density increase
within each tier(percent)
1 St
50
2nd
100
3rd
200
4d'
200
5th
200
(A)
B. Structure setbacks from the ordinary high water level:
(1) Are increased to at least 50 percent greater than the minimum setback; or
(2) The impact on the waterbody is reduced an equivalent amount through vegetative
management, topography, or additional acceptable means and the setback is at
least 25 percent greater than the minimum setback.
10.6 Design Criteria. All PUDs must meet the following design criteria.
10.61 General Design Standards.
A. All residential planned unit developments must contain at least five dwelling units
or sites.
B. On-site water supply and sewage treatment systems must be centralized and meet
the standards in Section 6.5 of this ordinance. Sewage treatment systems must meet
the setback standards of Section 6.41, item A of this ordinance.
C. Dwelling units or dwelling sites must be clustered into one or more groups and
located on suitable areas of the development.
D. Dwelling units or dwelling sites must be designed and located to meet the
dimensional standards in Sections 6.3 and 6.4:
E. Shore recreation facilities:
(1) Must be centralized and located in areas suitable for them based on a
suitability analysis.
(2) The number of spaces provided for continuous beaching, mooring, or
docking of watercraft must not exceed one for each allowable dwelling unit
Ordinance No. Page 33 of 36
or site in the first tier (notwithstanding existing mooring sites in an existing
commercially used harbor).
(3) Launching ramp facilities, including a small dock for loading and unloading
equipment, may be provided for use by occupants of dwelling units or sites
located in other tiers.
F. Structures, parking areas, and other facilities must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color, or other means acceptable to the local unit of government,
assuming summer, leaf -on conditions. Vegetative and topographic screening must be
preserved, if existing, or may be required to be provided.
G. Accessory structures and facilities, except water oriented accessory structures, must
meet the required structure setback and must be centralized.
H. Water -oriented accessory structures and facilities may be allowed if they meet or
exceed design standards contained in Section 7.3 of this ordinance and are
centralized.
10.62 Open Space Requirements.
A. Open space must constitute at least 50 percent of the total project area and must include:
(1) Areas with physical characteristics unsuitable for development in their natural
state;
(2) Areas containing significant historic sites or unplatted cemeteries;
(3) Portions of the shore impact zone preserved in its natural or existing state as
follows:
(a) For existing residential PUD's, at least 50 percent of the shore impact zone
(b) For new residential PUDs, at least 70 percent of the shore impact zone.
(c) For all commercial PUD's, at least 50 percent of the shore impact zone.
B. Open space may include:
(1) Outdoor recreational facilities for use by owners of dwelling units or sites, by
guests staying in commercial dwelling units or sites, and by the general public;
and
(2) Subsurface sewage treatment systems if the use of the space is restricted to avoid
adverse impacts on the systems.
C. Open space shall not include:
(1) Dwelling units or sites and residential lots; road rights-of-way, or land covered
by road surfaces; parking areas, or structures, except water -oriented accessory
structures or facilities; and
(2) Commercial facilities or uses.
Ordinance No. Page 34 of 36
10.63 Open Space Maintenance and Administration Requirements.
A. Open space preservation. The appearance of open space areas, including topography,
vegetation, and allowable uses, must be preserved and maintained by use of deed
restrictions, covenants, permanent easements, public dedication, or other equally
effective and permanent means The instruments must prohibit:
(1) Commercial uses (for residential PUD's);
(2) Vegetation and topographic alterations other than routine maintenance;
(3) Construction of additional buildings or storage of vehicles and other materials;
and
(4) Uncontrolled beaching of watercraft.
B. Development organization and functioning. Unless an equally effective alternative
community framework is established, all residential planned unit developments must
use an owners association with the following features:
(1) Membership must be mandatory for each dwelling unit or dwelling site owner
and any successive owner;
(2) Each member must pay a pro rata share of the association's expenses, and unpaid
assessments can become liens on units or dwelling sites;
(3) Assessments must be adjustable to accommodate changing conditions; and
(4) The association must be responsible for insurance, taxes, and maintenance of all
commonly owned property and facilities.
10.64 Erosion Control and Stormwater Management.
A. Erosion control plans must be developed and must be consistent with the provisions of
Section 8.3 of this ordinance, the Scandia Development Code Chapter 2, Section 3.6,
and the requirements of the local Watershed District. Erosion control plans approved
by a soil and water conservation district may be required if project size and site
physical characteristics warrant.
B. Stormwater management facilities must be designed and constructed to manage
expected quantities and qualities of stormwater runoff, and to comply with the
requirements of the Scandia Development Code Chapter 2, Section 3.7 and the
requirements of the local Watershed District. For commercial PUDs, impervious
surfaces within any tier must not exceed 25 percent of the tier area, except that 35
percent impervious surface coverage may be allowed in the first tier of general
development lakes with an approved stormwater management plan and consistency
with Section 8.0 of this ordinance.
Ordinance No. Page 35 of 36
10.7 Conversions. Leeal govemments may allow e�iisting fesei4s of othef land uses and
facilities to be eonvefted to residential PUDs if all of the follovving standafds afe met:
10.73 ShoFe and bluff impaet zone deficiencies must be evaluated and Feasonable
ve-ments made as paFt of th- These improvements must include, vvheFe applicable,
the fello
Conditions attaehed to existing dwelling units leeated in shofe or- bluff impaet zones that pr-eeltt
astons in an), dimension or- substantial alterations. The conditions must also pfovide f6f
elevation ,yrs when they . ,-ebuilt . plae0,1
- .
'I
�11 1111210,
F OPINION
10.73 ShoFe and bluff impaet zone deficiencies must be evaluated and Feasonable
ve-ments made as paFt of th- These improvements must include, vvheFe applicable,
the fello
Conditions attaehed to existing dwelling units leeated in shofe or- bluff impaet zones that pr-eeltt
astons in an), dimension or- substantial alterations. The conditions must also pfovide f6f
elevation ,yrs when they . ,-ebuilt . plae0,1
- .
'I
�11 1111210,
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this _ day of , 2017.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
Ordinance No. Page 36 of 36