7.a 3 Draft Ordinance - Shoreland Management RegulationsOrdinance No. ____ Page 1 of 33
CITY 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be repealed and replaced with the new Chapter 5, Shoreland Management Regulations, as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.
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 2 of 33
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. Pursuant to Minnesota Regulations, Parts 6120.2500 -
6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities 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 i ts
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.
Deleted: ,
Deleted: and to the shorelands of public water bodies greater than
10 acres in unincorporated areas in which the city has, by ordinance,
extended the application of its zoning regulations as provided by
Minnesota Statute, Chapter 462.357 Subd 1.
Deleted: or 25 acres in size in unincorporated areas
Ordinance No. ____ Page 3 of 33
(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 use. A structure or use on the same lot with, and of a nature customarily
incidental and subordinate to, the principal 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.
Deleted: facility
Deleted: Any building or improvement that is located on the same
lot as a principal structure and that is subordinate to a principal use
Ordinance No. ____ Page 4 of 33
(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) Commissioner. The commissioner of the Department of Natural Resources.
(13) Conditional use. 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 ordinance exist and that the structure and/or land use conform to the comprehensive land use
plan and are compatible with the existing neighborhood.
(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.
(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.
(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.
(17) Dwelling unit. A 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.
(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.
(19) Forest land conversion. The clear cutting of forested lands to prepare for a new land use other than
reestablishment of a subsequent forest stand.
(20) Forested land. As defined in Minnesota Statutes 89.001, land which is at least ten (10) percent
stocked by trees of any size and capable of producing timber, or of exerting an influence on the climate or
Deleted: <#>Commercial planned unit developments.
Developments that provide transient, short-term lodging spaces,
rooms, or parcels and their operations are essentially service-
oriented. For example, hotel/motel accommodations, resorts,
recreational vehicle and camping parks, and other primarily service-
oriented activities are commercial planned unit developments. ¶
<#>Commercial use. The principal use of land or buildings for the
sale, lease, rental, or trade of products, goods, and services. ¶
Deleted: A land use or development as defined by ordinance that
would not be appropriate generally but may be allowed with
appropriate restrictions upon a finding that certain conditions as
detailed in the zoning ordinance exist, the use or development
conforms to the comprehensive land use plan of the community, and
the use is compatible with the existing neighborhood.
Deleted: orinance
Deleted: Any structure or portion of a structure, or other shelter
designed as short- or long-term living quarters for one or more
persons, including rental or timeshare accommodations such as
motel, hotel, and resort rooms and cabins
Ordinance No. ____ Page 5 of 33
on the water regime; land from which the trees described above have been removed to less than ten (10)
percent stocking and which has not been developed for other use
(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 include rooftops; decks; sidewalks; patios; driveways;
swimming pools; parking lots; storage areas; concrete, asphalt, or gravel roads; pavers (including
pervious pavers); 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, plat, or other
accepted means and which description is either recorded in the Office of the Washington County
Recorder or Registrar of Titles or used by the County Treasurer or County Assessor to separate such
parcel from other lands for tax purposes.
(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.
Deleted: 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.¶
Deleted: ,
Deleted: including
Deleted: driveways
Deleted: auditors plot
Deleted: Trasurer
Deleted: separated from other parcels or portions by said
description for the purpose of sale, lease, or separation
Ordinance No. ____ Page 6 of 33
(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. All developments having two or more uses on a single parcel of land,
and may include townhomes, multi-use structures, recreational uses, mixed residential and
commercial-type developments, commercial- type developments and industrial-type developments. .
(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 a grocery for guests only, fish cleaning house, marine service, boat landing and
Deleted: A type of development characterized by
Deleted: a unified site design
Deleted: devepoments
Deleted: for a number of dwelling units or dwelling sites on a
parcel, whether for sale, rent, or lease, and also usually involving
clustering of these units or sites to provide areas of common open
space, density increases, and a mix of structure types and land uses.
These developments may be organized and operated as
condominiums, time-share condominiums, cooperatives, full fee
ownership, commercial enterprises, or any combination of these, or
cluster subdivisions of dwelling units, residential condominiums,
townhouses, apartment buildings, dwelling grounds, recreational
vehicle parks, resorts, hotels, motels, and conversions of structures
and land uses to these uses
Ordinance No. ____ Page 7 of 33
renal, recreational area and equipment and similar uses normally associated with a resort operation,
or as defined in Minnesota 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 property line.
(37) Sewage treatment system. “Sewage treatment system” has the meaning given under Minnesota
Rules, part 7080.1100, Sub. 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 setback.
(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.
Deleted: “Resort” has the meaning
Deleted: Minnesota Statute, Section 103F.227
Deleted: Subp
Ordinance No. ____ Page 8 of 33
Ordinance No. ____ Page 9 of 33
(41) 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
utilities, including but not limited to 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” for the purposes of this ordinance.
(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 survey, conveyance, 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.
Deleted: ¶
Deleted: Shore
Deleted: utiltiies
Deleted: building or appurtenance, including
Deleted: decks,factories
Deleted: except aerial or underground utility lines, such as sewer,
electric, telephone, telegraph, gas lines, towers, poles, and other
supporting facilities.
Deleted: .
Ordinance No. ____ Page 10 of 33
3.0 ADMINISTRATION
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 Variances. Variances may only be granted in accordance with Minnesota Statutes Section 462.357
and Chapter One, Section 6 of the Scandia Development Code.
3.5 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
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.
3.6 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.
3.72 Limitations 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 structures, sewage treatment system,
watercraft launching and docking areas, and vehicle parking areas.
Deleted: 3.22 A certificate of compliance, consistent with
Minnesota Rules Chapter 7082.0700 Subp. 3, is required whenever a
permit or variance of any type is required for any improvement on or
use of the property. A sewage treatment system shall be considered
compliant if the only deficiency is the system’s improper setback
from the ordinary high water level.¶
Deleted: and are subject to the following:
Deleted: 3.51 A variance may not circumvent the general
purposes and intent of this ordinance; and¶
3.52 For properties with existing sewage treatment systems, a
certificate of compliance, consistent with Minnesota Rules Chapter
7082.0700 Subp. 3, is required for variance approval. A sewage
treatment system shall be considered compliant if the only
deficiency is the system’s improper setback from the ordinary high
water level.¶
Deleted: 6
Deleted: added
Deleted: ¶
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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. 1e and its successor statutes, and
Chapter One, Section 13 of the Scandia Development Code , including the following
provisions for nonconformities in Shoreland areas:
A. A non-conforming single lot of record located within a shoreland area may be allowed as
a building site without variances form lot size requirements, provided that:
(1) All structure and septic system setback distance requirements can be met; and
(2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter
7080 and Washington County Ordinance 196, can be installed, or the lot is
connected to a public sewer; and
(3) The impervious surface coverage does not exceed 25 percent of the lot; and
B. In a group of two or more contiguous lots of record under a common ownership, an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) The lot must be at least 66 percent of the dimensional standard for lot width and
lot sizes for the shoreland classification;
(2) The lot must be connected to a public sewer, if available, or must be suitable for
the installation of a Type 1 sewage treatment system consistent with Minnesota
Rules, Chapter 7080, and Washington County Ordinance 196;
(3) Impervious coverage must not exceed 25 percent of each lot; and
(4) Development of the lot must be consistent with the adopted Comprehensive Plan.
C. A lot subject to paragraph A above and not meeting the requirements of paragraph B
must be combined with the one or more contiguous lots so they equal one or more
conforming lots as much as possible.
D. Notwithstanding paragraph C, contiguous nonconforming lots of record in shoreland
areas under a common ownership must be able to be sold or purchased individually if
each lot contained a habitable residential dwelling at the time the lots came under
common ownership, and the lots are suitable for, or served by, a sewage treatment system
consistent with the requirements of Minnesota Rules, Chapter 7080 and Washington
County Ordinance 196, or connected to a public sewer.
E. A portion of a conforming lot may be separated form an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements of
the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
Deleted: 3.72 In evaluating plans to construct sewage treatment
systems, roads, driveways, structures, or other improvements on
steep slopes, conditions to prevent erosion and to preserve existing
vegetation screening of structures, vehicles, and other facilities as
viewed from the surface of public waters assuming summer, leaf-on
vegetation shall be attached to permits.¶
Deleted: for alterations and additions; repair after damage;
discontinuance of use; and intensification of use
Deleted: .
Deleted: Nothwithstanding
Deleted: parel
Deleted:
Ordinance No. ____ Page 12 of 33
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 sh orelands 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.
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
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Keewahtin 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
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 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;
Ordinance No. ____ Page 14 of 33
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 a
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-family residential P P
Accessory Dwelling Unit (accessory to a single-family residential
use)
AP AP
Home Occupation (accessory to a single-family residential use) P P
Duplex (further discussion), triplex, quad residential N N
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 N N
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.
N N
Essential Services P P
Museums CUP CUP
Parks & historic sites P P
Public, semipublic CUP CUP
Place of Worship C C
Restaurant C C
Industrial N N
Agricultural: cropland and pasture P P
Agricultural feedlots - New N N
Agricultural feedlots - Expansion or resumption of existing N N
Forest management P P
Forest land conversion N N
Extractive use N N
Mining of metallic minerals and peat N N
4.24 Land uses for river and stream classifications: Current ordinance includes A and B
Deleted: an
Deleted: P
Deleted: C
Deleted: P
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: P
Deleted: C
Deleted: C
Deleted: N
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: P
Deleted: P
Ordinance No. ____ Page 15 of 33
A. All lands within the shoreland of the St. Croix 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. All lands abutting tributary streams covered by this chapter shall be
governed by the underlying zoning 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 N
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.
N
Parks & historic sites P
Public, semipublic P
Industrial P or C
Agricultural: cropland and pasture P
Agricultural feedlots - New N
Agricultural feedlots - Expansion or resumption
of existing
N
Forest management P
Forest land conversion N
Extractive use N
Mining of metallic minerals and peat N
Solar Farms and Community Solar Gardens N
5.0 SPECIAL LAND USE PROVISIONS
5.1 Commercial, Industrial, Public, and Semipublic Use Standards. (These are in the current
Shoreland ordinance)
5.11 Water-dependent uses may be 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
Deleted: Crox
Deleted: P
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: C
Deleted: P
Deleted: these
Ordinance No. ____ Page 16 of 33
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. 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.
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.
Deleted: Commercial, industrial, p
Deleted: Public
Ordinance No. ____ Page 17 of 33
5.22 New animal feedlots are not allowed in shoreland.
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 Mining and Related Activities. Aggregate Mining and related activities are regulated by the
Scandia Development Code, Chapter 4.
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 lot area dimensions can only be used if publicly-owned sewer system service is
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
Deleted: Modifications or expansions to existing feedlots or
resumption of old feedlots are conditional uses and must meet the
following standards:¶
Feedlots must be designed consistent with Minnesota Rules, Chapter
7020;¶
Feedlots must not further encroach into the existing ordinary high
water level setback or the bluff impact zone and must not expand to
a capacity of 1,000 animal units or more; and,¶
Old feedlots not currently in operation may resume operation
consistent with Minnesota Statutes, Section 116.0711. ¶
Deleted: 5.4 Extractive Use Standards. Extractive uses are
conditional uses and must meet the following standards:
Deleted: <#>5.41. Site Development and Restoration Plan. A
site development and restoration plan must be developed, approved,
and followed over the course of operation. The plan must: ¶
<#>Address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and topographic
alterations; ¶
<#>Identify actions to be taken during operation to mitigate adverse
environmental impacts, particularly erosion; and ¶
<#>Clearly explain how the site will be rehabilitated after extractive
activities end.¶
<#>5.42 Setbacks for Processing Machinery. Processing
machinery must meet structure setback standards from ordinary high
water levels and from bluffs.¶
<#>5.5 Metallic Mining Standards. Mining of metallic minerals
and peat is a permitted use provided the provisions of Minnesota
Statutes, Sections 93.44 to 93.51, are satisfied.¶
Deleted: The sewer lot area dimensions can only be used if
publicly owned sewer system service is available to the property;¶
Deleted: ft
Deleted: ft
Deleted: ft
Deleted: ft
Deleted: ft
Ordinance No. ____ Page 18 of 33
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:
Tributary Streams—Underlying zoning district standards apply – See Scandia Development Code, Chapter 2
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.
A. An 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 Frontage 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;
Deleted: One guest cottage may be allowed on lots meeting or
exceeding the duplex lot area and width dimensions presented in
Sections 6.25 and 6.26, provided the following standards are met:¶
For lots exceeding the minimum lot dimensions of duplex lots, the
guest cottage must be located within an area equal to the smallest
duplex-sized lot that could be created including the principal
dwelling unit;¶
A guest cottage must not cover more than 700 square feet of land
surface and must not exceed 15 feet in height; and¶
A guest cottage
Ordinance No. ____ Page 19 of 33
(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.
E. Any individual lot or lots which do not contain a seasonal or permanent home may have
one (1) dock with the capacity to accommodate up to three (3) watercraft. No other
temporary or permanent structures or recreational vehicles are allowed.
6.4 Placement, Height, and Design of Structures.
6.41 Placement of Structures and Sewage Treatment Systems on Lots. When more than one
setback applies 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):
Classification Structure Setback Sewage Treatment System
Setback
Lakes
Natural Environment 150 (200 Scandia current) 150
Recreational Development 100 75
Unclassified Waterbodies 75 75
Rivers and Streams
Tributary 100 (200 Scandia current) 75 (150 Scandia current and County)
B. Wetland Setbacks. Structures, impervious, surfaces, and sewage treatment systems
must meet the following setbacks from the delineated boundaries of wetlands (defined
in Minnesota Rules 8420.0111), and based on the wetland classifications as defined in
the rules of the Comfort Lake-Forest Lake Watershed District and Carnelian-Marine-
St. Croix Watershed District:
Water Body Structure Setback Requirement Sewage Treatment System Setback
Preserve Wetland classification 100 100
Manage 1 Wetland classification 75 75
Manage 2 Wetland classification 50 75
Manage 3 Wetland classification 25 75
Lake or wetland is a groundwater-
dependent resource
100 100
If a stream is a groundwater- 150 150
Deleted: St.Croix
Ordinance No. ____ Page 20 of 33
dependent resource
(1) Setbacks shall not be required for wetlands that are less than 400 square feet in
area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if
approved by the City and if the wetland is isolated and determined to have no direct
surficial connection to a public water.
C. 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: 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
Deleted: OHWL Setbacks. Structures, impervious surfaces, and
sewage treatment systems must meet the following setbacks from
the Ordinary High Water Level (OHWL), except that one water-
oriented accessory structure or facility, designed in accordance with
Section 7.3 of this ordinance, may be set back a minimum distance
of ten (10) feet from the OHWL:
Deleted: Setback averaging. Where structures exist on the
adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the
adjoining setbacks from the OHWL, provided the proposed structure
is not located in a shore impact zone or in a bluff impact zone;
¶
Deleted: ft
Ordinance No. ____ Page 21 of 33
E.Bluff Impact Zones. Structures, impervious surfaces, and accessory facilities, except
stairways and landings, must not be placed within bluff impact zones.
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 lowes t 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 approach es,
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 flood proofed instead of elevated under items A and B above, then
it must be flood proofed in accordance with Minnesota Rules, part 6120.5900 Subp.
3.
Deleted: floodproofed
Deleted: floodproofed
Ordinance No. ____ Page 22 of 33
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 33
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 w idth 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 33
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 area s, 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 33
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. 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 shorelands.)
(1) Not 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;
(2) Fill or excavated material must not be placed in bluff impact zones;
(3) Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner under Minnesota Statutes, Section 103G;
(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
Deleted: Land alterations
Deleted: <#>Limiting the amount and time of bare ground
exposure;¶
<#>Using temporary ground covers such as mulches or similar
materials;¶
<#>Establishing permanent vegetation cover as soon as possible;¶
<#>Using sediment traps, vegetated buffer strips or other
appropriate techniques;¶
<#>Stabilizing altered areas to acceptable erosion control standards
consistent with the field office technical guides of the soil and water
conservation district;¶
Ordinance No. ____ Page 26 of 33
(5) 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
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
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.
Ordinance No. ____ Page 27 of 33
B. 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.
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 Requirements. All subdivisions, lot consolidations, lot line adjustments, and platting shall comply
shall comply with the requirements of the Scandia Development Code, Chapter 3.
9.3 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.
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 Chapter 2, Section 7 of the Scandia Development Code, and must
also submit the following documents prior to final action on the application request:
10.41Site 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
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).
Deleted: When constructed facilities are used for stormwater
management, documentation must be provided by a qualified
individual that they are designed and installed consistent with the
field office technical guide of the local soil and water conservation
district or the Minnesota Stormwater Manual, as applicable.
Deleted: Land suitability
Deleted: Each lot created through subdivision, including planned
unit developments authorized under Section 10.0 of this ordinance,
must be suitable in its natural state for the proposed use with
minimal alteration A suitability analysis must be conducted for each
proposed subdivision, including planned unit developments, to
determine if the subdivision is suitable in its natural state for the
proposed use with minimal alteration and whether any feature of the
land is likely to be harmful to the health, safety, or welfare of future
residents of the proposed subdivision or of the community.
Deleted: Consistency with other controls. Subdivisions and
each lot in a subdivision shall meet all official controls so that a
variance is not needed later to use the lots for their intended purpose.¶
9.4 Water and Sewer Design Standards. ¶
9.41 A potable water supply and a sewage treatment system
consistent with Minnesota Rules, Chapters 7080 – 7081 must be
provided for every lot.¶
9.42 Each lot must include at least two soil treatment and dispersal
areas that support systems described in Minnesota Rules, parts
7080.2200 to 7080.223 or site conditions described in part
7081.0270, subparts 3 to 7, as applicable.¶
9.43 Lots that would require use of holding tanks are prohibited.¶
9.5 Information requirements. ¶
9.51 Topographic contours at ten-foot intervals or less from United
States Geological Survey maps or more current sources, showing
limiting site characteristics;¶
9.52 The surface water features required in Minnesota Statutes,
section 505.021, Subd. 1, to be shown on plats, obtained from
United States Geological Survey quadrangle topographic maps or
more current sources;¶
9.53 Adequate soils information to determine suitability for
building and sewage treatment capabilities for every lot from the
most current existing sources or from field investigations such as
soil borings, percolation tests, or other methods;¶
9.54 Information regarding adequacy of domestic water supply;
extent of anticipated vegetation and topographic alterations; near-
shore aquatic conditions, including depths, types of bottom
sediments, and aquatic vegetation; and proposed methods for
controlling stormwater runoff and erosion, both during and after
construction activities;¶
9.55 Location of 100-year flood plain areas and floodway districts
from existing adopted maps or data; and¶
9.56 A line or contour representing the ordinary high water level,
the “toe” and the “top” of bluffs, and the minimum building setback
distances from the top of the bluff and the lake or stream.¶
9.6 Dedications. When a land or easement dedication is a
condition of subdivision approval, the approval must provide
easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.¶
9.7 Platting. All subdivisions that cumulatively create five or more
lots or parcels that are 2-1/2 acres or less in size shall be processed
as a plat in accordance with Minnesota Statutes, Chapter 505. No
permit for construction of buildings or sewage treatment systems
shall be issued for lots created after the adoption of this ordinance
unless the lot was previously approved as part of a formal
subdivision. ¶...
Deleted: An expansion to an existing commercial PUD involving
6 or less new dwelling units or sites since the date this ordinance
was adopted is permissible as a permitted use provided the total
project density does not exceed the allowable densities calculated in
the project density evaluation procedures in Section 10.5.
Deleted: Chpater
Ordinance No. ____ Page 28 of 33
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 Tier Depth
No Sewer (ft.) Sewer (ft.)
General Development Lakes – 1st 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.
(a) For dwelling units, determine the average inside living floor area of dwelling
units in each tier:
I. For average floor area less than 200 sf, use 200 sf.
Deleted: ft
Deleted: ft
Ordinance No. ____ Page 29 of 33
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 Section10.53 B. 1.
Inside
Living
Floor
Area or
Dwellin
g Site
Area
(sf)
Floor Area/Dwelling Site Area Ratio
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.
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.
Ordinance No. ____ Page 30 of 33
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)
1st 50
2nd 100
3rd 200
4th 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
or site in the first tier (notwithstanding existing mooring sites in an existing
commercially used harbor).
Ordinance No. ____ Page 31 of 33
(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 32 of 33
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.
Deleted: 10.7 Conversions. Local governments may allow
existing resorts or other land uses and facilities to be converted to
residential PUDs if all of the following standards are met:¶
10.71 Proposed conversions must be evaluated using the same
procedures for residential PUDs involving new construction.
Inconsistencies between existing features of the development and
these standards must be identified;¶
10.72 Deficiencies involving water supply and sewage treatment,
structure color, impervious coverage, open space, and shore
recreation facilities must be corrected as part of the conversion or as
specified in the conditional use permit;¶
10.73 Shore and bluff impact zone deficiencies must be evaluated
and reasonable improvements made as part of the conversion. These
improvements must include, where applicable, the following:¶
Removal of extraneous buildings, docks, or other facilities that no
longer need to be located in shore or bluff impact zones;¶
Remedial measures to correct erosion, improve vegetative cover and
improve screening of buildings and other facilities as viewed from
the water; and¶
Conditions attached to existing dwelling units located in shore or
bluff impact zones that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also
provide for future relocation of dwelling units, where feasible, to
other locations, meeting all setback and elevation requirements when
they are rebuilt or replaced. ¶
10.74 Existing dwelling unit or dwelling site densities that exceed
standards in Section 10.5 of this ordinance may be allowed to
continue but must not be allowed to be increased, either at the time
of conversion or in the future. Efforts must be made during the
conversion to limit impacts of high densities by requiring seasonal
use, improving vegetative screening, centralizing shore recreation
facilities, installing new sewage treatment systems, or other means.
Ordinance No. ____ Page 33 of 33
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