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HomeMy WebLinkAbout2002 [12] Dec 16 .... . ity of St. Joseph 25 College Avenue W PoO. Box 668, St. Joseph, MN 56 74 (320) 363-7201 Fax: 363-0342 CLERK! ADMINISTRATOR Judy Weyrens MAYOR St. Joseph Planning. Commission Larry J. Hosch December 16,2002 6:30 PM COUNCILORS Bob Loso Cory Ehlert Kyle Schneider Alan Rassier i i I I I . 1. 6:'30 PM - Call to Order I I 2. 6:,30 PM - Continuation of Public Hearing, Daisy-A-Day sign variance I 3. 6!40 PM - Ordinance Review i 4. i. A~Journ . FILE . . . ection52. . ' ShorelandOverlaYDistrict . Section 52. J,;Subd. 1: Purpose " The purpose.oftheShorelandOverlay District is to Protect and enhance the quality of surface waters: by promoting the wise utilization of public\¡\laters, watercourses and 1 ". . .' related land resources. I 1 I Section 52. I. Subd.2: District Application The Shorelandl Overlay District shall. be an overlay district and shall be superimposed on all zoning districts and theShorelançj Overly District sh€lll be the Shoreland of the public waterbodiesahdwatercourses as classified in this ordinance. The standards contained I· . ' . '.. '" in the Shorelé3ndOverlay District shall be in addition to any other requirements set forth in this Ordinance~ If. the district standards are conflicting, the. more restrictive standards shall apply; The boundaries of the ShorelandOverlay District are defined as follows: . A. 1 ,OOOfeetfromthe ordinary high water levrl.of the classified lakes as listed in B, Sectit52._.3 of this Ordinance; .... .... . ,'. ,. 300Jeetfromthe ordiqaryhigh water level or the .Iateral extenfof the floodplain when the floodplain extends beyond 300 feet from the ordinary high water level of the 'classified rivers and streams' as listed in Section 52. .3 of this· Ordinance. I·· - .., I Section 52. i . Subd. 3: ShorelandClassificationSvstem The public watrsand publicwaters wetlands of StJoseph, Minnesota have been . . classified belo consistent with the criteria found in Minnesota Rules, part 6120:3ò00; or I ' .. ' successor rule, and the Protected Waters Inventory Map for Stearns County, Minnesota. A. T~e shoreland area for the waterbodies listed in Section 52. ,.3 of this Ordinance shall be subject to the standards of the Shoreland Overlay. DistrIct. I I Prótectedpublic waters: (# 62) Lake. Sarah. Classification: Natural Environment Lake. I . 1 C. Pfotectedwatercourses: ¡)South Fork of Watab River. Classification: Tributary. ii. Sauk River. Classification: Transitional j i Section 52. i ,Subd. 4: Permitted Uses. Uses without water-orientrd needs must be located on lots or parcels without public waters frontage, or, iflocated on lots or parcels with public waters frontage, must either . beset back dpuble the normal ordinary high water level setback or be sUbstantially .$cr"ened f01 view ~om the water by vege~ijon 9r lop99raphy, a$$umin9 $Urnrn"r, leaf on conditions .... . . The following ¡are permitted uses within the Shoreland Overlay District: I A. Natural Environment Lakes. I i. Single family residential. I ii.. Duplex, triplex, quad unit residential; provided underlying . zoning classification is two-family ormultiple-family. . , i I i I , I B. Tributary StreamS. . i.. Single family residential. ii. Parks and historic sites, when underlying zoning classification is I· . . residential. iii. Semipublic uses, when underlying zoning classification is residential. iv. Duplex; thplex,quad unit residential; provided underlying zOhing classificátion is twó-family or multiple family. I I I C. Transitional Rivers. i. Single fan1i1y residential. ii. Duplex, triples, quad unit residential; provided underlying zoning classificatipn·is two-family or multiple family. i I Section 52. . Subd. 5: Special Uses Uses without water-oriented n;eeds must be located on lots or parcels without public waters frontage, or, if located pn 19ts or parcels with public waters frontage, must either be set back double the norma,1 ordinary high water level setback or be substantially screened form view from the water by vegetation or topography, assumingsUmrner, leaf dT ' on con I Ions. . I·. . . - I (1) The following are special Uses within the Shoreland Overlay District: . A. Natural Environment Lakes. . i. Parks and historical sites. ii. Semipubfiþ uses. iii. Duplex, triplex, quad unit residential, when underlying zoning . classificat,ion is single family residential. iv. Commercial uses, as indicated in underlying zoning classification. I i I - B. Tributãry StreamS. i. Parks and, ,historical sites, when underlying zoning classification is commercißI. ii. Semipubliç uses, when underlying classificatiòn is commercial. iii. Duplex, triþlex, quad unit residential, when underlying zoning classificatIon is single family residential. iv. Commercial uses, as indicated in the underlying zoning classification. I C. Transitional Rivers. i. Parks and! historical sites. ii. Semipublic uses. iii. Duplex, triplex, quad unit residential, when underlying zoning classificatjon is single family residential. iv. Commerci~1 uses,as indicated in the underlying zoning classification. I I (2) Special uses allowable wit~in shoreland areas shall be subject to review and approval procedures, and <;:riteria and conditions established in Section 52.9 of this Ordinance. In addition, the following. standards shall apply: I I A. A thorough evaluation of the waterbody and the topographic, . vegetation and soiisconditions on the site shall be made. I . .. I i . B.Th1eVisibilitY of structures. and. other facilities as viewed from public w1ters shall be limited. \ .. .. ......... '" . . . C. The natural vegetation removed shall be described and limited. The Citymayrequire additional vegetation be planted. i I I 1- , Section 52. ,ISubd. 6: AccessorvUses. Accessory uses and structures shall be the same as. those listed in the underlying zoning classification. . Section 52. I " ,ISubd.7: Lot Area Requirements. A. Sëwered Lakes: Natural. Environl'l1ent; Non-Riparian Lots* ;1,· ---.- \ i Area Width Type s,+- 20,000 125 Duplex . 35,000 220 Triplex 52,000 315 i Quad 65,000 410 , I .. * SUbdivision~ of duplexes, triplexes and quads on Natural Environment Lakes shall be. set back a minimum of 200 feet from the ordinary high water level. I i I B. River/Strèam: Transitional Rivers " .1 Area Width' TYl?e Sinlgle 11,000 250 I 10,000... 375 Duplex I 12,000 500 Triplex I I 12,000 625 QU,ad , I C. River/Stream: Tributary Streams I Type Area Width siJgle 11,000 75 I 10,000 115 Duplex I ,I 12,000 150 Tnplex I Q~ad 12,000 190 . .. . . ¡ . I I . D. . River/Streams: Tran$itionaland Tributarycommerciallot size and width · requirements shall bel the same as those listed in the underlying zoning classification. I . E. In áll zoning classifications, only land area above the Ordinary High Water Level shall be used to meet!the minimum lot area and width requirements. Lot width standards shall be met at the water line and at the building line. i I Section 52. : Subd. 8: Setbacks. I . ! In .addition to setback requirements of the underlying zoning classification, uses within the Shoreland Overlay District! shall be setback (în feet) from Ordinary High Water Level as follows: Classification I . Structure Setback , , I NaMal Enviro~rnent Lakes 200 I . i Transition ! 150 Tributary 100 I Section 52. : Subd. 9: Heiqht Requirements. No portion of any structure shall exceed 25 feet in height within the Shþreland Overlay District. · I Section 52. : Su!5d.1 0: Surface Coveraqe Requirements. No structure or combination .of structures shall·occup.y mo~e than 25% of the lot area within the Shoreland Overlay District. , I Section 52. : Subd. 11: Other Requirements. A. All structures, developme~ts and plans shall adhere to other reqUirements identified within the underlying zoni~g classification as well as the following standards. B. All structures within the shOreland overlay district adjacent to Transitional Rivers or Tributaries shall meet the following: 1. All structures, including accessory structures and additions to existing structures shall bJ placed so that the lowest floor (basement or first floor if there is no basem'ent) is at least three (3) feet above the flood of record,if data is available. If data is not available, the lowest floor shall be placed at least three (3)feet above the ordinary high water revel.'Alternately any structure shall be bonstructed on fill so that the basement floor, or first floor if there is no basem'ent, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than one foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. If more than one of these :approaches is used, the highest flood protection elevation that is determined shall be used for placing all structures and other facilities. · I I I I j ! I " I ! i · 2. useb that do not have vehicular access at orc¡bove anelevatiol1not more thà~ twb feet below the Regulatory Flood Protection Elevation to lands . outs,ide.ofthe flood plain shall. not þe permitted unless.granted a.variance by the ßoard of Adjustment. In granting a varianceìJhei Board shall specify limitations on the period of ùse. or occupal1cyof the use arid only after det~rrnining thatadequate flood warl1ingtinie and local· emergency response and! recovery proçedures exist. I 3. Acc~ssory commercialland,uses, such as yards. and parking lots may be at ele~ations lower than the Regulatory Flood ProtectioriElevation.. However, a permit forsuch facilities to be used by the employees or the general public shalll not be granted unless a flood warning system is in place. . C. Înadditiontb the requirements ofthe underlying zoning classification, all structures within the Natural Environment Lake shoreland overlay district shall adherè. to the following: ! I 1. Thè lowest floor at? level. shall be placed no lower than the regulatory flood prdtectionelevation or at least three feet above the highest known water lev~l,or atfeast-three feet above the ordinary high water level, whichever is higher. . I D. The. City sHall.evaluate soil erm$ion impacts and .development visibility from public waters before issuing apermit for com~truction of roads, driveways, structures or other improvements .on steep slopes. When determined necessary, conditions shall be<ªttached to issued permits to prevent erosion and to preserve existing vegetation · screening. of structures, vehicles and other facilities as viewed from the surface. of public waters, assuming summer, leaf-on vegetation. . ,</ . E. Upon application fora permit or subdivision approval within the shoreland overlay distric( thØ City shall notify and require the applicantfurnishsufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature. of the development and whether the proposed use is located in the floodway oor flood fringe and the Regulatory Flood Protection Elevation for the site. Procedures consistent withMinnesot~l Rules: Technical Standards! and Requirements for Flood Plain Eva.luation shall be followed during the technical èvaluation and review of the development proposal. The City of SL Joseph shall sUbiitone copy of the information required above tot~erespective Department of Natural Resources Area Hydrologist for review and comment at least 20 days prior to the granti9g of a permit or manufacture home park/subdivision approval is granted. ! I I 1 I F. Placeme~t and Design of Roads, Driveways1 and Parking Areas 1 Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum sbreeningfrom view from public waters. Plans al)d specifications shall· be p~ovided by a qualified' individual, such as a registered professional· engineer, a1rchitector surveyor,showing that all ro~dsand parking areas are designed and wiU b.e constructed to minimize and control erosion to public waters ~onsistent with the field office "technical.guides of the local Soil and Water qonseryation District or other applicable technical materials. · 2. Rublic and private roads, driveways, and parking areas shall meet structure setbacks from the Ordinary High Water mark for the applicable lake or river ~ . I. . . · classification, and shall not be placed witbin shore impact zones when avoidance is an bption. If no alternatives exist, they may be placed within these areas, provided they are designed to minimize adverse impacts. I . . . ! G. Storage of Hazardous Materials. I I 1. The storage . orf processing. of materials that are, in time of flooding: flammable, explQsive or potentially injurious to .human, animal or plant life is prohibited. i . 2. Storage of other materials or equipment, where all~wed' by the underlying zoning district, m~y be allowed if readily removable from the area within the . time available after a flood warning or if placed on fill to the Regulatory Flood Protection Elevation. The Regulatory FloodProtection Elevation ¡san elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the. flood plainánd/or floo~way. I ! ! I Section 52. ;Subd.12: Notification Procedures. A. Notification·to Minnesota Department of Natural Resources. 1. Copies of all noti.ces of public hearing for amendments, conditional uses, or variances shall be sent to the Commissioner of the Minnesota Department of Natural Resources at lest ten (10) days prior to such hearings. The notice · I shall include a Icopyof.the proposed ordinance or amendment, or a description of thel requested conpitional use orVaria.nce. The City shall .notify the Commission~r of its final decision on the proposed action within ten (10) days. of the decision.. Such action by the City Council shª1I become effective only when either: i a. The finalldecision of the City has previously received certification of approval ¡from· the Commissioner of the Minnesota Department of Natural Resources; or ! ¡ b. The City ~eceived certification of aþþrovalafter its final decision; or I c. Thirty (30) days' have elapsed from the day the Commissioner of the Minnesota DNR received notice of the final decision, and the City has not received from the Commissioner the certification of approval nor the ndtice of non-approval; or d. The Commissioner orthe Minnesota DNR certifies his/her approval after conducting a public hearing. I I e. In the eveht the action is not approved by the Commissioner, the City may, within thirty (30) days from the notice of non-approval, file with the Commissioner a request of a Public Hearing pursuant to DNR , standardslto reconsider the non-approval. i · I ¡ ! ,- ) A I : i . In addition t6 thestandärds above the followin definitions shall be added to Section 52.3 Subd. 2' ) lbd, _: Duplex, triplexaQd quad: A dwelliQg structúre on a ~ingle' lot ~avingtwo, three aQd f9ur units, respectively, I being attached by common walls and each unit equipped with separate slleeping, cooking, eatirg, living and sanitation facilities, Sfbd ~.'.,. In~nsiv~~egetation clearing' The eompleteremoyal Œ trees or sh~bS in a c ntiguouspatch, strip,row orblock. I Subd. _:Ordinary ~i9h Water Level.:' The ßlevationof the boundary of public waters, tercourses aQd wetland~ deliQeatingthe highe~t water ,Ieyelwhich has been maintained fpr a s fficient period of timè to leave evidence upon' the landscape, commonly that point where the n~tural vegetation ch~mgesfrom predominantly aquatic to predominately terrestrial. For 1atercourses,the ordiniary high water level is the elevation of the. top of the bank of the. channel. Subd..:.public Waters: Any waters as defined in Minnesota Statutes, Section 105.37, sbbdivisions 14 and 15j L ' ubd. -,: Semi. PUblifuse: The use of land by a private, nonprofit organization)o provide a ublicservice that is Þrdinarily.. open to some person outside the regular constituency of· the rganization. I. . ubd. _: Shore impèctzone: land located between. the ordinary. high water level" of a public . . . ater¡;¡nd a line parall~Lto it at a setback of 50 percentofthe structure setback. IUbd._: Shoreland: /Iand.located withinJhe following distances frompublicwatérs:. 1,000 feet . f¡romthe ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream, I r the landward extent ofa floodplain designated by ordinance ona river or stream whichever is reater. The·limits of ~horelands may.be·reduced when~ver the waters involved are bounded by opographic. divides ~hich extend. landward· from the waters tor lesser distances and when pprovedby the comTissioner. . "" . . .