§ 20-481. Placement, design, and height of structure.

(a)

Placement of structures on lots . When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows:

Classes of Public Waters	Structures Unsewered	Structures Sewered	Sewage Treatment System
Lakes
Natural environment	150	150	150
Recreational development	100	75	75
Rivers/streams
Agricultural and tributary	100	50	75

 

One water-oriented accessory structure designed in accordance with subsection 20-482(e)(2)(b) of this ordinance may be setback a minimum distance of ten feet from the ordinary high water level for lakes.

(b)

Structure setbacks. The following structure setbacks apply, regardless of the classification of the waterbody.

Setback From:	Setback (in feet)
(1) Top of Bluff	30
(2) Unplatted cemetery	50
(3) Right-of-way line of federal, state, or county highway	50
(4) Right-of-way line of town road, public streets, or other roads or streets not classified	20

 

(c)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones.

(d)

Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(e)

Design criteria for structures.

(1)

High water elevations. Structures shall 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 floodproofed shall 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 flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and

c.

Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.

(2)

Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in subsection 20-481(a) if this water-oriented accessory structure complies with the following provisions:

a.

The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.

b.

The setback of the structure or facility from the ordinary high water level shall be at least ten feet;

c.

The structure or facility shall 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;

d.

The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area;

e.

The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and

f.

As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.

(3)

Stairway, 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 and lifts shall meet the following design requirements:

a.

Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;

b.

Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties;

c.

Canopies or roofs are not allowed on stairways, lifts, or landings;

d.

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;

e.

Stairways, lifts, and landings shall 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

f.

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of this section are met in addition to the requirements of Minnesota Regulations, Chapter 1341.

(4)

Significant historic sites. No structure shall 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.

(5)

Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, 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.

(f)

Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height.

(Ord. No. 217, § 4, 8-22-94; Ord. No. 322, § 1, 6-25-01; Ord. No. 377, §§ 55—57, 5-24-04)