HomeMy WebLinkAbout2021-11-22 PACKET 06.1.STAFF REPORT CASE: TA2021-019
ITEM: 6.1
PUBLIC MEETING DATE: 11/22/21 TENTATIVE COUNCIL REVIEW DATE: 12/15/21
APPLICATION
APPLICANT: City of Cottage Grove
REQUEST: A zoning text amendment to repeal and replace City Code Title 11-15,
Mississippi River Corridor Critical Area (MRCCA) Overlay District.
SITE DATA
LOCATION: N/A
ZONING: N/A
GUIDED LAND USE: N/A
LAND USE OF ADJACENT PROPERTIES: CURRENT
NORTH:
EAST: N/A
SOUTH:
WEST:
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approval.
GUIDED
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
�
here Pride and,Ospellty Meet
Planning Staff Contact: Mike Mrosla, Senior Planner; 651-458-2825; mmrosla(c-)_cottagegrovemn.gov
Application Accepted:. N/A 60-Day Review Deadline: N/A
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Repeal and Replace City Code Title 11-15, Mississippi River
Corridor Critical Area Overlay District
Planning Case No. TA2021-019
22, 2021
Proposal
The City of Cottage Grove is requesting to repeal City Code Title 11-15, Mississippi River
Corridor Critical Area Overlay District, and replace the existing language with the Minnesota
Department of Resources (DNR) model ordinance language.
Background
The Mississippi River Corridor Critical Area (MRCCA) comprises 72 miles of river and 54,000
acres of surrounding land in 30 local jurisdictions. The City of Cottage Grove has over 39 miles
of shoreline and bluffs along the Mississippi River and within the MRCCA. The MRCCA is a cor-
ridor of land along each side of the Mississippi River in the Twin Cities Metropolitan Area with
coordinated state, regional, and local land use planning and zoning. The MRCCA was desig-
nated a critical area in 1976 by Executive Order following passage of the Minnesota Critical
Areas Act of 1973. Impacted municipalities then proceeded to adopt the MRCCA regulations in
the late 1970s.
`Anoka
w
Ramsey
Washington
Hennepin _
Dakota
MRCCA O:u.ias JCffw1w 01 fW1 ry
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MRCCA Regulated Communities
The MRCCA contains many significant natural and cultural resources. The area includes scenic
views, water, navigational capabilities, geology and soils, vegetation, minerals, flora and fauna,
cultural and historic resources, and land and water based recreational resources. Land uses
within the MRCCA includes residential, river -related commerce, industrial, commercial, parks,
and open space.
Planning Commission Staff Report — Mississippi River Corridor Critical Area
Planning Case No. TA2021-019
November 22, 2021
Page 2 of 5
Since adoption, the MRCCA regulations have not been significantly revised. Based on input
from impacted communities, the State in 2007 established a process in which the Minnesota
DNR could amend MRCCA regulations and districts boundaries internal to the MRCCA. Below
is the timeline of the amendments and approvals:
• 2007 Legislature directs DNR to prepare report on the Mississippi River Corridor Critical
Area (Completed January 2008)
• 2009 Legislature amends MN Statutes, section 116G.15 and directs DNR to conduct
rulemaking for the Mississippi River Corridor Critical Area (MN Laws 2009, Chapter 172,
Article 2, Section 5.e.)
• 2011 DNR develops draft rule after participatory stakeholder process, but rulemaking
authority lapses
• 2013 Legislature directs DNR to resume rulemaking process in consultation with local
governments
• 2017 Rules become effective January 4.
The City of Cottage Grove was active in the entire legislative rule making process. The City
Council reviewed draft MRCCA language in August 2014. The new rules were published on De-
cember 27, 2016, and became effective on January 4, 2017, replacing Executive Order 79-19,
which previously governed land use in the MRCCA. The DNR is the state agency responsible
for administering the MRCCA rules. However, the Metropolitan Council played a key role by
ensuring that MRCCA plans were incorporated into impacted communities' 2040 Comprehen-
sive Plans. Cottage Grove's MRCCA plan can be found in Appendix B of the 2040 Compre-
hensive Plan. Once a local MRCCA plan has been updated, the DNR will then notify each local
government to update their MRCCA zoning ordinance. The DNR notified the City earlier this
year that we needed to update our existing MRCCA ordinance to be consistent with the new
rules.
To better assist local governments in developing and implementing the new MRCCA zoning
standards the DNR created a model ordinance. Upon review staff and the City Attorney have
determined that the best course of action would be to repeal the existing ordinance language
and replace it with the model ordinance as it ensures the City will meet Minnesota Rules
Chapter 6106.
Planning Consideration
MRCCA Districts
The new rules designated six different regulation districts within the Mississippi corridor. The
districts were designed to more accurately represent existing and planned future development.
The district descriptions are identified below.
• "Rural & Open Space District (CA-ROS) — Rural undeveloped and developed low den-
sity residential land that is riparian or visible from the river, often contains tracts of high
quality ecological resources.
Planning Commission Staff Report — Mississippi River Corridor Critical Area
Planning Case No. TA2021-019
November 22, 2021
Page 3 of 5
• River Neighborhood District (CA -RN) — Developed residential lands and existing/
planned parkland that are visible from the river, or that abut riparian parkland.
• River Towns & Crossings District (CA -RTC) — Historic downtown and river crossing
commercial areas, as well as existing institutional campuses.
• Separated from River District (CA -SR) — Land that is separated from and not visible
from the river.
• Urban Mixed District (CA -UM) — Commercial, institutional, and industrial mixed -use
areas as well as existing/planned parklands.
• Urban Core District (CA-UC) — Urban cores of Minneapolis and St. Paul."
Cottage Grove contains four of those Districts:
• CA -SR -
Separated from River District
• CA-ROS
- Rural & Open Space District
• CA -RN -
River Neighborhood District
• CA -UM -
Urban Mixed District
l.ottd(,J. a bfove IVIRI.I.H u1stflta5
Planning Commission Staff Report — Mississippi River Corridor Critical Area
Planning Case No. TA2021-019
November 22, 2021
Page 4 of 5
MRCCA Ordinance Changes
The new rules establish definitions for the MRCCA ordinance and address numerous areas of
the code that were vague or impractical. The following are some changes to the MRCCA ordi-
nance that may affect existing single-family homes:
• Relaxed structure setback to bluffs and the ordinary high-water level.
• Decks and patios may encroach 15 percent into the required setback as long as the
structure is not in the bluff impact zone
• Reduced setback for subsurface sewage treatment systems
• Averaging of setbacks for principal structures
• All legally established nonconforming principal structures and decks may be expanded
laterally, as long as the structure is not in the bluff impact zone.
• Vegetation removal permit and restoration plan are required for the removal of all or a
majority of the trees or shrubs in a contiguous patch, strip, row, or block.
The new rules also clearly identify height and setback requirements as identified in the table
below.
CA-ROS CA -RN
CA -RTC
CA SR
CA-UC
Height 35 35
48*
Underlying
zoning
65*
Underlying
zoning
7
200'
River Setback
100,
75'
NA
50'
Underlying
zoning
40'
40'
40'
40'
Bluff Setback 100,
40'
`Greater height may be allowed with a local Conditional Use Permit.
As noted in the table, properties within the CA -UM district may utilize a conditional use permit
for height modifications. In the past, the City often had to grant variances to businesses such as
3M who were constructing new equipment to meet required environmental controls; these units
are tall by the nature of their design.
DNR Review
The City has notified the Minnesota DNR that it intends to repeal the existing ordinance and re-
place it with the DNR model ordinance. The DNR has reviewed and issued a Conditional
Approval of the proposed ordinance (Attachment B).
Public Engagement
The public engagement process for the 2040 Comprehensive Plan update included the MRCCA
ordinance. The City hosted numerous public engagement events over the 31-month compre-
hensive plan update period. The City did not receive any comments related to the proposed
MRCCA ordinance.
Public Hearing Notices
The public hearing notice published in the Pioneer Press on October 13, 2021. At the October
25, 2021, the item was tabled to the November 22, 2021, meeting to allow the City's legal
Planning Commission Staff Report — Mississippi River Corridor Critical Area
Planning Case No. TA2021-019
November 22, 2021
Page 5 of 5
counsel additional time to review and draft the official ordinance document. Staff has not re-
ceived any comments.
Summary
The City of Cottage Grove is required to update its MRCCA ordinance to be in compliance with
Minnesota State rules and with the City's 2040 Comprehensive Plan. The proposed ordinance
was created using the DNR model ordinance to ensure it meets all rules and requirements.
Recommendation
That the Planning Commission recommends approval of the zoning text amendment repealing
and replace Cottage Grove City Title 11, Chapter 15, Section 1-16 regarding the Mississippi
River Corridor Critical Area Overlay District subject to minor modifications by the City Attorney
and DNR approvals.
Prepared by:
Mike Mrosla
Senior Planner
Attachment:
A. Cottage Grove MRCCA District Map
B. DNR Conditional Approval Letter
C. Proposed MRCCA Ordinance
Mississippi River Corridor Critical Area Districts
City of Cottage Grove, Washington County
0 0.5 1 2 3 4 5
Miles
MRCCA Boundary
MRCCA Districts
CA -RN (River Neighborhoods)
CA-ROS (Rural and Open Space)
_ CA -RTC (River Towns and Crossings)
CA -SR (Separated from River)
CA-UC (Urban Core)
_ CA -UM (Urban Mixed)
_ Water
L-_ County Boundaries
City and Township Boundaries
NCompass Street Centerlines
DEPARTMENT OF
NATURAL RESOURCES
November 1, 2021
Mike Mrosla, Senior Planner
City of Cottage Grove
12800 Ravine Parkway South
Cottage Grove, MN 55016
Re: Conditional Approval of Cottage Grove MRCCA Ordinance
Dear Mr. Mrosla,
Thank you for sending your proposed Mississippi River Corridor Critical Area (MRCCA) ordinance and
administrative forms and procedures (administrative checklist items) to the Minnesota Department of
Natural Resources (DNR) for conditional approval review. We have reviewed your ordinance and
supporting documentation and I am pleased to inform you that the proposed ordinance is substantially
consistent with the MRCCA rules and hereby approved, provided all of the conditions of approval in this
letter are met.
We reviewed the proposed MRCCA ordinance submitted on June 28, 2021, and the supporting
documentation submitted on October 19, 2021. We have found that the ordinance is substantially
consistent with Minnesota Statutes, §116G and Minnesota Rules, chapter 6106. The submitted checklist
for administrative forms and procedures demonstrates that the City is ready to administer the ordinance
once it is adopted. The City may now adopt the ordinance subject to the conditions of approval below.
Minnesota Rules 6106.0070 Subp. 3.G. require local governments to adopt the ordinance within 60-days
of DNR approval.
Conditions of Approval
The following conditions must be met before the DNR will issue final approval:
Please make the changes noted in blue on the attached draft ordinance.
To complete the administrative checklist items, develop new or amend the City's existing
application forms and review/approval items for conditional use permits and variances using
DNR's MRCCA template supplements, available at
https://www.dnr.state.mn.us/waters/watermgmt section/critical area/local-government-
administration.html.
Next Steps
Following are the steps for completing and receiving final DNR approval for your ordinance:
1. Revise the ordinance and administrative checklist based on the conditions listed above under
conditional approval.
2. The City Council adopts the ordinance.
3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on
the checklist within 10 days of City Council adoption to:
a. Dan Scollan, daniel.scollan@state.mn.us
b. Ordinance.review.dnr@state.mn.us
4. We will review the ordinance adopted by the City Council for consistency with the ordinance
that received conditional approval. We will also send a copy to the National Park Service and the
Metropolitan Council as required by rule.
5. If the adopted ordinance is consistent, I will send you a "final approval" letter. State rules
require DNR final approval of MRCCA ordinances and amendments for those ordinances to be
effective.
A MRCCA ordinance is an important land use regulation that helps to protect surface water quality, near
shore habitat, and scenic character of the MRCCA. We appreciate your efforts to protect these resources
for all present and future Minnesotans. Dan Scollan is available to assist with ordinance technical
guidance and to consult with you on other land and water -related projects.
Sincerely,
�� �C, )w ae�
Megan Moore
District Manager, Ecological & Water Resources Division
Attachments:
Proposed Ordinance with DNR Comments
MRCCA Ordinance Processing Checklist
c: Dan Scollan, DNR Hydrologist
Raya Esmaeili, Metropolitan Council
Adam Muilenburg, National Park Service
Ordinance.review.dnr@state.mn.us
PA
CHAPTER 15, Formatted: Font color: Text 1
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT
SECTION:
11-15-1: Findings Authority
11-15-2: Purpose And Intent
11-15-3: Grit;^^'
A,-o^ Overlay District gst^hlishod General Provisions
11-15-4: Boundaries
Of Distr'^t Definitions
11-15-5: Re �^'
T'^^^ Administration
11-15-6: oo,-, ,;tro
a "^^^^^^r^ T'^^^ Overlay Districts
11-15-7: ❑xist:n^
Str^^tur^^ And T'^^^ Special Land Use Provisions
11-15-8: Development
StapAaT& Structure Height and Placement and Lot Size
11-15-9: sito D1^^^i^^
no,,,,iren+e is Performance Standards for Private Facilities
11-15-10: N atuFal
ResouF^^ Manag^mentPerformance Standards for Public Facilities
11-15-11: River-SurF^^e
Use Vegetation Management
11-15-13:
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t ^ n�a n^^ ( Formatted: Font color: Text 1
o;., ❑ t i
11-15-14: Exemptions
11-15-1: ❑iNr -I- r cAUTHORITY:
The City findsthR44ho Mississippi River Gerrider v.rithin tho Metropolitan Area and the City
A. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) Chapter
15 is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473.
B. Policy. The Legislature of Minnesota has delegated responsibility to local governments
of the state to regulate the subdivision, use and development of designated critical
areas and thus preserve and enhance the quality of important historic, cultural,
aesthetic values, and natural systems and provide for the wise use of these areas.
11-15-2: PURPOSE AND INTENT:
A. The purpose and intent of this Chapter to prevent and mitigate irreversible damage to
this unique State, local, regional and national resource to promote orderly development
of the residential, commercial, industrial, recreational and public areas, to preserve and
enhance its values to the public and protect and preserve the system as an essential
element in the City's transportation, sewer and water and recreational systems in
accordance with the following policies:
B. The Mississippi River Corridor shall be managed as a multi- purpose public resource
by continuing use of the river channel for transportation, continuing use of certain
areas for fleeting for river transportation, conserving the scenic, environmental,
recreational, mineral, economic, cultural and historic resources and functions of the
river corridor and providing for the continuation of development of a variety of urban
uses within the river corridor.
R Thp Mississippi River /`.,,-,-;der .-L. ill hP .., ged ;
A et of 1979 1 4:hp A4j4;4 P,-; ,ram D94EY A et of 1 972 2 4...4 4:hp GR;z .F4;RF,.,;
17
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11-15-3: CRITICAL AREA OVERLAY DISTRICT ESTABLISHED:
A. Jurisdiction. The provisions of this chapter a1121y to land within the river corridor
boundary as described in the State Register. volume 43. oaues 508 to 519 and
shown on the zoning map.
B. Enforcement. The city is responsible for the administration and enforcement of this
chapter. Any violation of its provisions or failure to comply with and
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 chapter can occur regardless
of whether a permit is or is not required for a regulated activity listed in Section 11-
15-5 (B) of this chapter.
C. Severability. If any section, clause, provision, or portion of this chapter is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected thereby,
D. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this chapter imposes greater restrictions, the provisions of this
chapter shall prevail. All other chapters inconsistent with this chapter are hereby
repealed to the extent of the inconsistency only.
E. Underlying Zoning. Uses and standards of underlying zoning districts a"Iyexcelt
where standards of this overlay district are more restrictive.
11-15-4: -BO- UNn ARIES n❑ nicTnirTDEFINITIONS:
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the same meaning they have in common usage and to give this
chapter its most reasonable application. For the purpose of this chapter, the words "must"
and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are
measured horizontally. This Chapter shall apply to the area designated by the GoVe,-n"r's
Access path. An area designated to provide ingress and egress to public waters.
Adjacent. Having a boundary that physically touches or adjoins.
Agricultural use. A use having the meaning given under Minnesota Statutes, section
Alternative design. Subdivision design methods such as conservation design, transfer
of development density, or similar zoning and site design techniques that protect
open space and natural areas.
Biological and ecological functions. The functions of vegetation in stabilizing soils and
slopes, retaining and filtering runoff, providing habitat, and recharging groundwater.
Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or
greater, measured over a horizontal distance of 25 feet, from the toe of the slope
to the top of the slope. Where the slope begins below the ordinary high water
level, the ordinary high water level is the toe of the slope. See Figure 1; or
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Figure 1. Bluff and Bluff Impact Zone
Bl.ff and Bluff Impact Zone
Bluff Impact Zuire
loft 2- Aft
I�Struceurc setLeck� NB%sbpe
40-t0Oft
o0��uff ar il5ft
I I
ceof Bluffor
OHWL
Bluff I
B. A natural escarpment or cliff with a slope that rises at least ten feet above the
ordinary high water level or toe of the slope, whichever is applicable, to the top of
the slope, with a slope of 75 degrees or greater. See Figure 2.
Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
Bluff and Bluff Impact Zone
Bluff Impact Zone
Aft loft
I L I
r—Structure setback zJ5 es 1 40-IOOf[ Eegre
I I t10 ([
Tapof Bluff 1 o Bluffline I
I o�of BWff
OHWL II
r--8luffJ
Bluff impact zone (BIZ). A bluff and land located within 20 feet of the bluff. See
Figures 1 and 2.
Bluffline. A line delineating the top of the bluff. More than one bluffline may be
encountered proceeding landward from the river. See Figures 1 and 2.
Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that
the slope above the line exceeds 18 percent and the slope below the line is 18 percent
or less, measured over a horizontal distance of 25 feet. See Figures 1 and 2.
Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the
slope below the line exceeds 18 percent and the slope above the line is 18 percent or
less. measured over a horizontal distance of 25 feet. See Figures 1 and 2.
Buildable area. The area upon which structures may be placed on a lot or parcel of
land and excludes areas needed to meet requirements for setback, rights -of -way, bluff
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impact zones, historic properties, wetlands, designated floodways, land below the
ordinary high water level of public waters, and other unbuildable areas.
Building. A structure with two or more outside rigid walls and a fully secured roof and
affixed to a permanent site.
Certificate of compliance. A document written after a compliance inspection,
certifying that the development complies with applicable requirements at the time of
the inspection.
Commissioner. The commissioner of the Minnesota Department of Natural Resources.
Conditional use. A use having the meaning given under Minnesota Statutes, chapters
394 and 462............................................................................................................................................................................................................................................................................................
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Conservation design. A pattern of subdivision that is characterized by grouping lots
within a portion of a parcel, where the remaining portion of the parcel is permanently
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protected as Open space.
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Conventional subdivision. A pattern of subdivision that is characterized by lots that
are spread regularly throughout a parcel in a lot and block design.
Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or
without attached railings, seats, trellises, or other features, attached or functionally
related to a principal use or site.
Developer. Having the meaning given under Minnesota Statutes, section 116G.03.
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Development. Having the meaning given under Minnesota Statutes, section 116G.03.
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.......................................
.
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Discretionary action. An action under this chapter related to land use that requires a
public hearing by local ordinance or statute, such as preliminary plats, final subdivision
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plats, planned unit developments, conditional use permits, interim use permits,
variances, appeals, and rezonings.
Dock. Having the meaning given under Minnesota Rules, chapter 6115.
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Electric power facilities. Equipment and associated facilities for generating electric
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power or devices for converting wind energy to electrical energy as identified and
defined under Minnesota Statutes, section 216E,
_ — Formatted: Font color: Text 1
Essential services. Underground or overhead gas, electrical, communications, steam, Formatted: Font color: Text 1
or water distribution, collection, supply, or disposal systems, including storm water.
Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm
boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or
other similar equipment and accessories in conjunction with the systems. Essential
services does not include buildings, treatment works as defined in Minnesota Statutes,
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Feedlot. Having the meaning given for animal feedlots under Minnesota Rules chapter
Na
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Floodplain. Having the meaning given the meaning given under Minnesota Rules
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Chapter 6120.
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Fully reconstructs. The reconstruction of an existing impervious surface that involves
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site grading and subsurface excavation so that soil is exposed. Mill and overlay and
other resurfacing activities are not considered fully reconstructed.
Hard -surface trail. Atrail surfaced in asphalt, crushed aggregate, or other hard
surface, for multi -purpose use, as determined by local, regional, or state agency plans.
Historic property. An archaeological site, standing structure, site, district, or other
Property that is:
A. Listed in the National Register of Historic Places or the State Register of Historic
Places or locally designated as a historic site under Minnesota Statutes, chapter
471'
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B. determined to meet the criteria for eligibility to the National Register of Historic
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Places orthe State Register of Historic Places as determined by the director of the
Minnesota Historical Society: or
C. An unplatted cemetery that falls underthe provisions of Minnesota Statutes,
chapter 307, in consultation with the Office of the State Archaeologist.
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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, parking lots, storage areas, and driveways,
including those with concrete, asphalt, or gravel surfaces.
Intensive vegetation clearing. The removal of all or a maiority of the trees or shrubs in
a contiguous patch, strip, row, or block.
Interim use. A use having the meaning given under Minnesota Statutes, chapters 394.
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and 462.
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Land alteration. An activity that exposes the soil or changes the topography, drainage,
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or cross section of the land, excluding gardening or similar minor soil disturbances.
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Local government. Counties, cities, and townships.
Lot. Having the meaning given under Minnesota Rules chapter 6120.
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1,-
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Lot width. The shortest distance between lot lines measured at both the ordinary high
color:
water level and at the required structure setback from the ordinary high water level.
See Figure 3.
Figure 3. Lot Width
Lot Width
Struatu re
setback
ng as the
and Y must
ach be as
onm lot
width u
OH W L ' River
Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor
Boundary (See critical area boundary on zonine map).
Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in
the city's comprehensive plan.
Native plant community. A plant community identified by the Minnesota Biological
Survey or biological survey issued or adopted by a local, state, or federal agency.
Natural -surface trail. A trail composed of native soil and rock or compacted granular
stone, primarily intended for hiking, equestrian, or mountain bike use, as determined
by local, regional, or state agency plans.
Natural vegetation. Any combination of ground cover, understory, and tree canopy
that, while it may have been altered by human activity, continues to stabilize soils,
retain and filter runoff, provide habitat, and recharge groundwater.
Nonmetallic minine. Construction. reconstruction. repair. relocation. expansion. or
removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation
of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not
include ancillary facilities such as access roads, bridges, culverts, and water level
control structures. For purposes ofthis subpart, "facility" includes all mine pits,
quarries, stockpiles, basins, processing structures and equipment, and any structures
that drain or divert public waters to allow mining.
Off -premise advertising signs. Those signs that direct attention to a product, service,
business, or entertainment venue that is not exclusively related to the premises where
the sign is located.
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Ordinary high water level (OHWL). Having the meaning given under Minnesota
Statutes, section 103G.005. Formatted: Font color: Text 1
OverlaV district. A zoning district applied over one or more previously established Formatted: Font color: Text 1
zoning districts, establishing additional or stricter standards and criteria for covered
properties in addition to those ofthe underlying zoning district. Overlay districts are
often used to protect historic features and natural resources such as shoreland or
floodplain.
Parcel. Having the meaning given under Minnesota Statutes, section 116G.03. ............................. . Formatted: Font color: Text 1
....................................G
Patio. A constructed hard surface located at ground level with no railings and open to Formatted: Font color: Text 1
the sky.
Picnic shelter. A roofed structure open on all sides, accessory to a recreational use.
Planned unit development (PUD). A method of land development that merges zoning
and subdivision controls, allowing developers to plan and develop a large area as a
single entity, characterized by a unified site design, a mix of structure types and land
uses, and phasing of development over a number of years. Planned unit development
includes any conversion of existing structures and land uses that utilize this method of
development.
Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B.
:.........................:................:.
Port. A water transportation complex established and operated under the jurisdiction
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of a port authority according to Minnesota Statutes, chapter 458.
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PrimarV conservation areas (PCAs). Key resources and features, including shore
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impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence
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with tributaries, natural drainage routes, unstable soils and bedrock, native plant
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communities, cultural and historic properties, and significant existing vegetative
stands, tree canopies, and other resources identified in local government plans.
Private facilities. Private roads, driveways, and parking areas, private water access
and viewing facilities, decks and patios in setback areas, and private signs.
Professional engineer. An engineer licensed to practice in Minnesota.
Public facilities. Public utilities, public transportation facilities, and public recreational
facilities.
Public recreation facilities. Recreational facilities provided by the state or a local
government and dedicated to public use, including parks, scenic overlooks,
observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps,
and other similar water -oriented public facilities used for recreation.
Public river corridor views (Public river corridor views ). Views toward the river from
public parkland, historic properties, and public overlooks, as well as views toward
bluffs from the ordinary high water level of the opposite shore, as seen during the
summer months and documented in the MRCCA plan/chapter of the comprehensive
plan.
Public transportation facilities. All transportation facilities provided by federal, state,
or local government and dedicated to public use, such as roadways, transit facilities,
railroads, and bikeways.
Public utilities. Electric power facilities, essential services, and transmission services.
Public waters. Having the meaning given under Minnesota Statutes, section
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Readily visible. Land and development that are easily seen from the ordinary high Formatted: Font color: Text 1
water level of the opposite shore during summer months.
Resource agency. A federal, state, regional, or local agency that engages in
environmental, natural, or cultural resource protection or restoration activities,
including planning, implementation, and monitoring.
Retaining wall. A vertical or nearly vertical structures constructed of mortar and
rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal
timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or
other durable materials.
Rock riprap. Natural coarse rock placed or constructed to armor shorelines,
streambeds, bridge abutments, pilings and other shoreline structures against scour, or
water or ice erosion.
River corridor boundary. The boundary approved and adopted by the Metropolitan
State Register, volume 43, pages 508 to 518.
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River -dependent use. The use of land for commercial, industrial, or utility purposes, Formatted: Font color: Text 1
where access to and use of a public water feature is an integral part of the normal
conduct of business and where the use is dependent on shoreline facilities.
Selective vegetation removal. The removal of isolated individual trees or shrubs that
are not in a contiguous patch, strip, row, or block and that does not substantially
reduce the tree canopy or understory cover.
Setback. A separation distance measured horizontally.
Shore impact zone (SIZ). Land located between the ordinary high water level of public
waters and a line parallel to it at a setback of 50 percent of the required structure
setback or, for agricultural use, 50 feet landward of the ordinary high water level. See
Figure 4.
Figure 4. Shore Impact Zone
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st, wre
_____
e flack
Shore ----
impact zone
(soy or s�n,cc�re
se�oacq
oHwi
wager
Shoreline facilities. Facilities that require a location adjoining public waters for ingress
and egress, loading and unloading, and public water intake and outflow, such as barge
facilities, port facilities, commodity loading and unloading equipment, watercraft lifts,
marinas, short-term watercraft mooring facilities for patrons, and water access ramps.
Structures that would be enhanced by a shoreline location, but do not require a
location adjoining public waters as part of their function, are not shoreline facilities,
such as restaurants, bait shops, and boat dealerships.
Steep slope. A natural topographic feature with an average slope of 12 to 18 percent,
measured over a horizontal distance equal to or greater than 50 feet, and any slopes
greater than 18 percent that are not bluffs.
Storm water management facilities. Facilities for the collection, conveyance,
treatment, or disposal of storm water.
Structure. A building, sign, or appurtenance thereto, except for aerial or underground
utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers,
poles, and other supporting appurtenances.
Subdivision. Having the meaning given under Minnesota Statutes, section 462.352.. — Formatted: Font color: Text 1
Subsurface sewage treatment system. Having the meaning given under Minnesota Formatted: Font color: Text 1
Rules, part7080.1100: Formatted: Font color: Text 1
.......................................................................................................................................................................................................................................................C,`.
Transmission services. Formatted: Font color: Text 1
A. Electric power lines, cables, pipelines, or conduits that are:
(1) used to transport power between two points, as identified and
defined under Minnesota Statutes, section 216E.01, Subd. 4; or Formatted: Font color: Text 1
(2) For mains or pipelines for gas, liquids, or solids in suspension, Formatted: Font color: Text 1
used to transport gas, liquids, or solids in suspension between two
points; and
B. Telecommunication lines, cables, pipelines, or conduits.
Treeline. The more or less continuous line formed by the tops of trees in a wooded
area when viewed from a particular point. The treeline is determined during all
seasons as if under full foliage.
Water access ramp. A boat ramp, carry -down site, boarding dock, and approach road,
or other access that allows launching and removal of a boat, canoe, or other
watercraft with or without a vehicle and trailer.
Water -oriented accessory structure. A small building or other improvement, except
stairways, fences, docks, and retaining walls, that, because of the relationship of its
use to public waters, needs to be located closerto public waters than the normal
structure setback. Examples include gazebos, screen houses, fish houses, pump
houses, and detached decks and patios.
Water quality impact zone. Land within the shore impact zone or within 50 feet of the
OHWL of the river, whichever is greater, AND land within 50 feet of a public water,
wetland, or natural drainage route.
11-15-5: PERMITTED ilcvc ADMINISTRATION:
4.
6.
A. Purpose. The purpose of this Section is to identify administrative provisions to ensure
this chapter is administered consistent with its purpose.
B. Permits. 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
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treatment systems, vegetation removal consistent with Section 11-15-11 and land
alterations consistent with Section 11-15-12.
C. Variances. Variances to the requirements under this chapter may only be granted in
impacts of variances on Drimary conservation areas RriPAR ' public
river corridor views, and other resources identified in the MRCCA plan. In reviewing the
variance application, the city shall:
1. Evaluate the impacts to these resources. If negative impacts are found, require
conditions to mitigate the impacts that are related to and proportional to the
impacts, consistent with Section 11-15-5 (E) and 11-2-7.
2. IMake written findings that the variance is consistent with the purpose ofthis
D. Conditional and interim use permits. All conditional and interim uses, required under
this chapter, must comply with Minnesota Statutes, section 462.3595 and must consider
the potential impacts on primary conservation areas, public river corridor views, and
other resources identified in the MRCCA plan. In reviewing the application, the City
shall:
1. Evaluate the impacts to these resources and if negative impacts are found,
require conditions to mitigate the impacts that are related to and proportional to
the impacts, consistent with Section 11-15-5 (E) and 11-2-9.
E. Conditions of Approval. The citv shall evaluate the impacts to Primary conservation
areas , Public river corridor views , and other resources identified in the MRCCA Plan,
and if negative impacts are found, require conditions to mitigate the impacts that are
related to and proportional to the impacts. Mitigation may include:
1. Restoration of vegetation identified as "vegetation restoration priorities"
identified in the MRCCA plan.
2. Preservation of existing vegetation;
3. Stormwater runoff management;
4. Reducing impervious surface;
5. Increasing structure setbacks;
6. Wetland and drainage route restoration and/or preservation;
7. Limiting the height of structures
8. Modifying structure design to limit visual impacts on Public river corridorviews
and
9. Other conservation measures.
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Commented [DS1]: Delete repeatedword.
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Commented[SD(2]: I've inserted Model Ordinance
Section 3.32 regarding written findings, which is
required.
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F. Application materials. Applications for permits and discretionary actions required under
this chapter must submit the following information unless the city determines that the
information is not needed.
1. A detailed project description; and
2. Scaled maps and plans, dimensional renderings, maintenance agreements, and
other materials that identifv and describe:
A.
Primary conservation areas;
B.
Public river corridor views;
C.
Buildable area;
D.
Existing and proposed topography and drainage patterns;
E.
Proposed storm water and erosion and sediment control practices;
F.
Existing and proposed vegetation to be removed and established;
G.
Ordinary high water level, blufflines, and all required setbacks;
H.
Existing and proposed structures;
I.
Existing and proposed impervious surfaces; and
J.
Existing and proposed subsurface sewage treatment systems.
G. Nonconformities.
1. All legally
established nonconformities as of the date of this ordinance may
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2. New structures erected in conformance with the setback averaging provisions Formatted: Font color: Text 1
of Section 11-15-12 are conforming structures.
3. Site alterations and expansion of site alterations that were legally made prior
to the effective date of this ordinance are conforming. Site alterations include
vegetation, erosion control, storm water control measures, and other
nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback
requirements of Section 11-15-8 may be expanded laterally provided that:
A. The expansion does not extend into the shore or bluff impact zone or
further into the required setback than the building line of the existing
principal structure (See Figure 5); and
B. The expanded structure's scale and bulk is consistent with that of the
original structure and existing surrounding development.
Figure 5. Expansion of Nonconforming Structure
E.pansfon of Nonconforming Strocto,e
Expan
Expansion allowetl n
not allowed — I
oHwf
Impact Zone
(SOIse[backre
Y.eof structure -
setback]
�» OHWL
H. Notifications.
1. Amendments to this chapter and to the MRCCA plan must be submitted to the
Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B
—I.
2. Notice of public hearings for discretionary actions, including conditional and
interim use permits, variances, appeals, rezonings, preliminary plats, final
subdivision plats, master plans, and PUDs, must be sent to the following entities
at least ten (10) days prior to the hearing:
A. The Commissioner in a format prescribed by the DNR;
B. National Park Service; and
C. Where building heights exceed the height limits specified in Section 11
15-8 (D) as part of the conditional use or variance process, adjoining local
governments within the MRCCA, including those with overlapping
jurisdiction and those across the river.
D. NNotice of final decisions for actions stated in this section, including
findings of fact, must be sent to the Commissioner, the National Park
Service. and adioinine local governments within the MRCCA within ten
10) days of the final decision
E. Requests to amend district boundaries must follow the provisions in
Minnesota Rules, part 6106.0100, Subp. 9, Item C.
F. The DNR will be notified at time of application submittal of master plans,
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PUDs, preliminary, and final plats.) Commented[SD(3]: Moveindentingto theleft.Parts D
should be mov�Ieft renumbered as parts 3 to 5.I. Accommodating disabilities. Reasonable accommodations for ramps or other Formatted: Font 1
facilities to provide persons with disabilities access to the persons' property, . as
required by the federal Americans with Disabilities Act and the federal Fair
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1. Comply with Sections 11-15-8 to 11-15-14: or
2. If Sections 11-15-8 to 11-15-14 cannot be complied with, ramps or other
facilities are allowed with an administrative permit provided:
A. The permit terminates on either a specific date or upon occurrence of
a particular event related to the person requiring accommodation:
and
3. Upon expiration of the permit, the ramp or other facilities must be removed.
11-15.6: PERMITTED ACCESSORY USES OVERLAY DISTRICTS:
(4 9 71 r Ele 13 28 791
A. Purpose. The purpose of this Section is to establish districts under which building
height and structure placement are regulated to protect and enhance the Mississippi
River's resources and features consistent with the natural and built character of
each district.
B. District description and management purpose. The MRCCA within the city is divided
into the following MRCCA Districts:
1. River Neighborhood LRN).
A. Description. The RN District is characterized by primarily residential
neighborhoods that are riparian or readily visible from the river or
that abut riparian parkland. The district includes parks and open
space, limited commercial development, marinas, and related land
uses.
B. Management purpose. The RN District must be managed to maintain
the character of the river corridor within the context of existing
residential and related neighborhood development, and to protect
and enhance habitat, parks and open space, public river corridor
views, and scenic, natural, and historic areas. Minimizing erosion and
the flow of untreated storm water into the river and enhancing
habitat and shoreline vegetation are priorities in the district.
2. Rural and Open Space (ROS).
A. Description. The ROS District is characterized by rural and low -
density development patterns and land uses, and includes land that is
riparian or visible from the river, as well as large, undeveloped tracts
of high ecological and scenic value, floodplain, and undeveloped
islands. Many primary conservation areas exist in the district.
B. Management purpose. The ROS District must be managed to sustain
and restore the rural and natural character of the corridor and to
protect and enhance habitat, parks and open space, public river
corridor views, and scenic, natural, and historic areas.
3. Separated from River (SR).
A. Description. The SR District is characterized by its physical and visual
distance from the Mississippi River. The district includes land
separated from the river by distance, topography, development, or a
transportation corridor. The land in this district is not readily visible
from the Mississippi River.
B. Management purpose. The SR district provides flexibility in
managing development without negatively affecting the key
resources and features of the river corridor. Minimizing negative
impacts to primary conservation areas and minimizing erosion and
flow of untreated storm water into the Mississippi River are
priorities in the district. The RTC district must be managed in a
manner that allows continued growth and redevelopment in historic
downtowns and more intensive redevelopment in limited areas at
river crossings to accommodate compact walkable development
patterns and connections to the river. Minimizing erosion and the
flow of untreated storm water into the river, providing public access
to and public views of the river, and restoring natural vegetation in
riparian areas and tree canopy are priorities in the district.
4. Urban Mixed (UM).
A. Description. The UM District includes large areas of highly urbanized
mixed use that are a part of the urban fabric of the river corridor,
including institutional, commercial, industrial, and residential areas
and parks and open space.
B. Management purpose. The UM District must be managed in a
manner that allows for future growth and potential transition of
intensely developed areas that does not negatively affect public
river corridor views and that protects bluffs and floodplains.
Restoring and enhancing bluff and shoreline habitat, minimizing
erosion and flow of untreated storm water into the river, and
providing public access to and public views of the river are priorities
in the district.
C. MRCCA district map. The locations and boundaries of the MRCCA districts
established by this chapter are shown on MRCCA Overlay District map which is
incorporated herein by reference. The district boundary lines are intended to follow
the centerlines of rivers and streams, highways, streets, lot lines, and municipal
boundaries, unless a boundary line is otherwise indicated on the map. Where
district boundaries cross unsubdivided property, the district boundary line is
determined by use of dimensions or the scale appearing on the map.
11-15-7: EXISTING STRUCTURES ANT-) USES SPECIAL LAND USE PROVISIONS:
the wateF thFough the use of natuFal vegetative means.
9. The pu lglie's ah;l"teview rhp ...a ,-;der F,-.,,ti,.-r,-....r.-
,;hRll not ho fiirther degraded by the proposed aetiy"
signs�
lqu it
2.
-q. Vjp; us .,Frhp ; .terpF F R4:1, vistas and Public, shill 4;R-t Ige ; red h., rh..
plae@R4@14t Signs.
A. Purpose. To identify development standards and considerations for land uses that
have potential to negatively impact primary conservation areas and public river
corridor views.
B. Underlying zoning. Uses within the MRCCA are generally determined by underlying
zoning, with additional provisions for the following land uses:
1. -Agricultural uses. emeept new feedlots. Perennial ground cover is required
within 50 feet of the ordinary high water level and within the bluff impact
zone.
2. Feedlots. New animal feedlots and manure storage areas are prohibited.
Existing animal feedlots and manure storage areas must conform with
Minnesota Rules. chapter 7020.
3. Forestry. Tree harvesting and biomass harvesting within woodlands, and
associated reforestation.
4. Nonmetallic mining. Nonmetallic mining requires a conditional use permit or
interim use permit issued by the local government, subject to the following_
A. New nonmetallic mining is prohibited within the shore impact zone and
bluff impact zone and within the required structure setback from the
bluffline and OHWL:
B. Processing machinery must be located consistent with setback standards
for structures as provided in Section 11-15-8 LE).:
C. Only one barge loading area, which must be limited to the minimum size
practicable, is permitted for each mining operation:
D. New and, where practicable, existing nonmetallic mining operations must
not be readily visible and must be screened by establishing and
maintaining natural vegetation. The unscreened boundaries of
nonmetallic mining areas are limited to only the barge loading area:
E. A site management plan must be developed by the operator and
approved by the local government before new nonmetallic mining
commences. Operations must be consistent with the site plan throughout
the duration of operations at the site. The site management plan must:
1. Describe how the site will be developed over time with an
emphasis on minimizing environmental risk to public waters:
2. Explain where staged reclamation may occur at certain points
during the life of the site:
3. Address dust, noise, storm water management, possible pollutant
discharges, days and hours of operation, and duration of
operations: and
4. Describe any anticipated vegetation and topographic alterations
outside the pit, and reclamation plans consistent with the stated
end use for the land: and:
F. Existing and new nonmetallic mining operations must submit land
reclamation plans to the local government compatible with the purposes
of this ordinance.
5. Commercial and industrial facilities. Expansion of existing facilities only
when they can be served by existing12ublic or private sewerage, water and
transportation facilities. and where the expansion has been determined to
have no impact on regional systems
C. River -dependent uses. River -dependent uses must comply with the following design
standards:
1. Structures and parking areas, except shoreline facilities and private roads
and conveyances serving river -dependent uses as provided in Section 11-
15-14, must meet the dimensional and performance standards in this
chapter must be designed so that they are not readily visible, and must be
screened by establishing and maintaining natural vegetation:
2. Shoreline facilities must comply with Minnesota Rules. chapter 6115 and
must:
A. Be designed in a compact fashion so as to minimize the shoreline area
affected: and
B. Minimize the surface area of land occupied in relation to the number
of watercraft or barges to be served: and
3. Dredging and placement of dredged material are subject to existing
federal and state permit requirements and agreements.
D. Wireless communication towers. Wireless communication towers require a
conditional or interim use permit and are subject to the following design standards:
1. The applicant must demonstrate that functional coverage cannot be
provided through co -location, a tower at a lower height, or a tower at a
location outside of the MRCCA:
2. The tower must not be located in a bluff or shore impact zone: and
3. Placement of the tower must minimize impacts on public river corridor
views.
4. Comply with the general design standards in Section 11-15-10 Ml.
A. Purpose. To establish standards that protect primary conservation areas and public
river corridor views from development impacts and ensure that new development
is sited consistent with the purpose of the MRCCA.
B. Structure height. Structures and facilities must comply with the following standards
unless identified as exempt in Section 11-15-14.
1. Structures and facilities must comply with the following standards unless
identified as exempt in Section 11-15-14.
A. ROS District: 35 feet.
B. RN District: 35 feet.
C. SR District: Height is determined by underlying zoning,provided the
allowed height is consistent with that of the mature treeline, where
present, and existing surrounding development, as viewed from the
OWHL of the opposite shore.
D. UM District: 60 feet, provided tiering of structures away from the
Mississippi River and from blufflines is given priority, with lower
structure heights closer to the river and blufflines, and that structure
design and placement minimize interference with public river
corridor views. Structures over 60 feet are allowed as a conditional
use accordingto Section 11-4-5 and 11-15-8 D-
C. Height is measured on the side of the structure facing the Mississippi River.
D. In addition to the conditional use permit requirements of Section 11-15-5 (Dl.
criteria for considering whether to grant a conditional use permit for structures
exceeding the height limits must include
1. Assessment of the visual impact of the proposed structure on public river
corridor views, including views from other communities:
2. Determination that the proposed structure meets the required bluff and
OHWL setbacks:
3. Identification and application of techniques to minimize the perceived
bulk of the proposed structure, such as:
A. Placing the long axis of the building12erpendicular to the river:
B. Stepping back of portions of the facade:
C. Lowering the roof pitch or use of a flat roof:
D. Using building materials or mitigation techniques that will blend in
with the natural surroundings such as green roofs, green walls, or
other green and brown building materials:
E. Narrowing the profile of upper floors of the building: or
F. Increasing the setbacks of the building from the Mississippi River or
blufflines:
4. Identification of techniques for preservation of those view corridors
identified in the MRCCA Plan: and
5. Opportunities for creation or enhancement of public river corridor views.
E. Structure and impervious surface placement.
1. Structures and impervious surface must not be placed in the shore or bluff
impact zones unless identified as an exemption in Section 11-15-14.
2. Structures and facilities must comply with the following OHWL setback
provisions unless identified as exempt in Section 11-15-14
A. ROS District: 200 feet from the Mississippi River.
B. RN District: 100 feet from the Mississippi River.
C. SR District: 50 feet or as specified in underlying zoning.
D. UM District: 50 feet from the Mississippi River.
3. Structures and facilities must comply with the following bluffline setback
provisions unless identified as exempt in Section 11-15-14:
A. ROS District: 100 feet.
B. RN District: 40 feet.
C. SR District: 40 feet.
D. UM District: 40 feet.
4. Structure setback averaLyina. Where orincioal structures exist on the adioinin
lots on both sides of a proposed building site, the minimum setback may be
altered to conform to the average of the adjoining setbacks, if the new
structure's scale and bulk riverward or bluffward of the setbacks required above
are consistent with adjoining development. See Figure 6.
a. The City may consider the setbacks of additional structures on nearby
lots in determining the average setbacks if needed, for example for corner
lots.
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Structure Setback Averaging
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/ � setback
--- Frv•2
____ ___------V
5. Subsurface sewage treatment systems, including the septic tank and absorption
area, must be located at least 75 feet from the ordinary high water level of the
Mississippi River and all other public waters.
F. Lot size and buildable area.
1. The width of lots abutting the Mississippi River in the ROS District must be at
least 200 feet, unless alternative design methods are used that provide greater
protection of the riparian area.
2. All new lots must have adequate buildable area to comply with the setback
requirements of this section 11-15-5 (E) 2 and 3 to not require variances to use
the lots for their intended purpose.
11-15-9: SITE DI AnrNING_ DEnilrDEMEnl rc PERFORMANCE STANDARDS FOR PRIVATE
FACILITIES:
A
2. A..,ieultural Iquildings.
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A. Purpose. To establish design standards for private facilities that are consistent with
best management practices and that minimize impacts to primary conservation
areas, public river corridor views and other resources identified in the MRCCA plan.
B. General design standards. All private facilities must be developed in accordance
with the vegetation management and land alteration requirements in Sections 11-
15-11 and 11-15-12.
C. Private roads, driveways, and parking areas. Except as provided in Section 11-15-
14. private roads, drivewaysparking areas must:
1. Be designed to take advantage of natural vegetation and topography so that
they are not readily visible:
2. Comply with structure setback requirements according to Section 11-15-8
E • and
3. Not be placed within the bluff impact zone or shore impact zone, unless
exempt under Section 11-15-14 and designed consistent with Section 11-15-
10 (B).
D. Private water access and viewing facilities.
1. Private access paths must be no more than:
A. Eight (8) feet wide, if placed within the shore impact zone: and
B. Four (4) feet wide, if placed within the bluff impact zone.
2. Private water access ramps must:
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B. Be designed and constructed consistent with the applicable Formatted: Font color: Text 1
standards in Design Handbook for Recreational Boating and Fishing Formatted: Font color: Text 1
Facilities. Formatted: Font color: Text 1
3. Design and construction of private stairways, lifts, and landings are subject to
the following standards:
A. Stairways and lifts must not exceed four feet in width on residential
lots. Wider stairway be used for commercial properties and
residential facilities held in common, if approved by the city:
B. Landings for stairways and lifts on residential lots must not exceed
32 square feet in area. Landings larger than 32 square feet area
allowed for commercial properties and residential facilities held in
common, if approved by the city:
C. Canopies or roofs are prohibited on stairways, lifts, or landings •
D. Stairways, lifts, and landings must be located in the least visible
portion of the lot whenever practical: and
E. Ramps, lifts, mobilitypaths, or other facilities for persons with
physical disabilities are allowed for achieving access to shore areas
according to items A-E of this section and as provided under Section
11-15-5 (Kl.
4. One water -oriented accessory structure is allowed for each riparian lot or
parcel less than 300 feet in width at the ordinary high water level, with one
additional water -oriented accessory structure allowed for each additional
300 feet of shoreline on the same lot or parcel. Water -oriented accessory
structures are prohibited in the bluff impact zone and must:
A. Not exceed 12 feet in height:
B. Not exceed 120 square feet in area: and
C. Be placed a minimum of 10 feet from the ordinary high water level.
E. Decks and patios in setback areas. Decks and at -grade patios may encroach into the
required setbacks from the ordinary high water level and blufflines without a
variance, when consistent with Sections 11-15-11 and 11-15-12. provided that:
1. The encroachment of the deck or patio into the required setback area does
not exceed 15 percent of the required structure setback:
2. The area of the deck or patio that extends into the required setback area
occupies no more than 25 percent of the total area between the required
setback and the 15 percent using the formula:
[Required setback depth (feet) x 0.15 x lot width (feet) = maximum total areal
3. The deck or patio does not extend into the bluff impact zone. See Figure 7.
Deck and Patio Encroachment
Lot width (Y) in feet
Encroachmet
--__
Zone (X 0.15): Required
structure
Maximum deck/patio area In I se,
back (X)
ach"'tzone= feet
e(X r0.15) Vx0.25
1
UM
F. Directional signs.
1. Directional signs for patrons arriving at a business by watercraft must
comlly with the following standards:
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B. Only convey the location and name of the establishment and the Formatted: Font color: Text 1
general types of goods and services available, if located in a shore
impact zone.
C. Be no greater than ten feet (10) in height and 32 square feet in
surface area: and
D. If illuminated, the lighting must be fully shielded and directed
downward to prevent illumination out across the river or to the sky.
G. Fences. Fences between principal structures and the river are allowed if fences are:
1. Not higher than six (6) feet.
2. Not located within the shore impact zone and bluff impact zone.
3. Not located in the regulatory floodplain.
H. Lighting. Within the OHWL setback:
1. Lighting shall be fully shielded and directed away from the river.
2. Uplighting is prohibited.
11-15-10: NATURAL RESOURCE MANAGEMENT PERFORMANCE STANDARDS FOR PUBLIC
FACILITIES:
The I Is p
adversely affeets t4e pulglie health, safe� and general welfare 19Y eentributing te pellutien
..r�l ...a hindering the ah;l;r.,.,Frhe (`;r to ide adequate
toe Mississippi D;.,Pr (`.,,-,-;der Crj4:;..mil A,-,..,.
Ni..development shall be peF,ti,;aed ., .-1.,pes of eighteen peFeent (18 ) o
proveef twelve pereent (124�) but less than eighteen pereent (184�)-,�Iess t4e appliea.
that the f4gli .... ing e.,nditiRns Rre, ,,,or.
,
ineluding Shall Ige
a..quate fee the sl.,,- e e n airier and sell type.
reads,
.a
19. AEI@q,444:.... ..r,-.,l.- 4...a .,teet;ens exist uphill F, GR4 the ed .a...,..1 .,,-.,ti,....r
49A,P_F CS
1. Neise Gen�rel in Pubhe Open Spaee Areas! Neise levels w4hin pubhe epen spaee areas
GE)Ele § 28 75)
A. Purpose. To establish design standards for public facilities that are consistent with
best management practices and that minimize impacts to primary conservation
areas, public river corridor views and other resources identified in the MRCCA plan.
Public facilities serve the public interest by providing public access to the
Mississippi River corridor or require locations in or adjacent to the river corridor
and therefore require some degree of flexibility.
B. General design standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent with
the purpose of the facility:
2. Comply with the structure placement and height standards in Section 11-15-8
(B), except as provided in Section 11-15-14:
3. Be consistent with the vegetation management standards in Section 11-15-11
and the land alteration and storm water management standards in Section 1-
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4. Avoid primary conservation areas, unless no alternative exists. If no
alternative exists, then disturbance to primary conservation areas must be
avoided to the greatest extent practicable, and design and construction must
minimize impacts: and
5. Minimize disturbance of spawning and nesting times by scheduling
construction at times when local fish and wildlife are not spawning or nesting.
6. Minimize disturbance during bird migration and nesting times by scheduling
construction at times when birds are not migrating or nesting.
C. Right-of-wav maintenance standards. Right-of-wav maintenance must comply with
the following standards
1. Vegetation currently in a natural state must be maintained to the extent
feasible:
2. Where vegetation in a natural state has been removed, native plants must be
planted and maintained on the right-of-way: and
3. Chemical control of vegetation must be avoided when practicable, but when
chemical control is necessary, chemicals used must be in accordance with the
regulations and other requirements of all state and federal agencies with
authority over the chemical's use.
D. Crossings of public water or public land. Crossings of public waters or land
controlled by the commissioner are subject to approval by the commissioner
E. Public utilities. Public utilities must comply with the following standards:
1. High -voltage transmission lines, wind energy conversion systems greater
than five megawatts. and 12ipelines are regulated according to Minnesota
2. If overhead placement is necessary, utility facility crossings must minimize
visibility of the facility from the river be hidden from view and follow other
existing right of ways as much as practicable.
3. The appearance of structures must be as compatible as practicable with the
surrounding area in a natural state with regard to height and width,
materials used, and color.
4. Wireless communication facilities, according to Section 11-15-7 LDl.
F. Public transportation facilities. Public transportation facilities shall compll, with
structure placement and height standards in Section 11-15-8. Where such facilities
intersect or about two or more MRCCA districts, the least restrictive standards
apply. Public transportation facilities must be designed and constructed to give
priority to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians:
2. Providing safe pedestrian crossings and facilities along the river corridor:
3. Providing access to the riverfront in public ownership: and
4. Allowing for use of the land between the river and the transportation facility.
G. Public recreational facilities. Public recreational facilities must comply with the
following standards:
1. Buildings and parking associated with pubic recreational facilities must
comply with the structure placement and height standards in Section 11-15-
8, except as provided in Section 11-15-14:
2. Roads and driveways associated with public recreational facilities must not
be placed in the bluff or shore impact zones unless no other placement
alternative exists. If no alternative exists, then design and construction must
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minimize impacts to shoreline vegetation, erodible soils and slopes, and
other sensitive resources.
3. Trails, access paths, and viewing areas associated with public recreational
facilities and providing access to or views of the Mississippi River are
allowed within the bluff and shore impact zones if design, construction, and
maintenance methods are consistent with the best management practice
A. Hard -surface trails are not allowed on the face of bluffs with a slope
exceeding 30 percent. Natural surface trails are allowed, provided they
do not exceed eight feet in width.
B. Trails, paths, and viewing areas must be designed and constructed to
minimize:
1. Visibility from the river:
2. Visual impacts on public river corridor views: and
3. Disturbance to and fragmentation of primary conservation areas.
4. Public water access facilities must comply with the following requirements:
A. Watercraft access ramps must comply with Minnesota Rules chapters
B. Facilities must be designed and constructed consistent with the
standards in Design Handbook for Recreational Boating and Fishing
Facilities.
5. Public signs and kiosks for interpretive or directional purposes are allowed in
the bluff or shore impact zones, provided they are placed and constructed to
minimize disturbance to these areas and avoid visual impacts on public river
corridor views. If illuminated, the lighting must be fully shielded and be directed
downward.
6. Public stairways, lifts, and landings must be designed as provided in Section 11-
15-9 (D) (3).
11-15-11: RIVER SURFACE USE VEGETATION MANAGEMENT:
S14a 1 ply.
navigation only and so as notto eause unneeessaFy wakes.
B Peeks e piersy Ige alle . ed Subjeet to a ,al 19Y the a pliealgl . State R-F
A. Purpose. To establish standards that sustain and enhance the biological and
ecological functions of vegetation: preserve the natural character and topography ofof
the MRCCA: and maintain stability of bluffs and steep slopes and ensure stability of
other erosion -prone areas.
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B. Applicability. This section applies to:
1. Shore impact zones:
2. Areas within 50 feet of a wetland or natural drainage route:
3. Bluff impact zones:
4. Areas of native plant communities: and
5. Significant existing vegetative stands identified in the MRCCA plan.
C. Activities allowed without a vegetation permit.
1. Maintenance of existing lawns, landscaping and gardens:
2. Removal of vegetation in emergency situations as determined by the city:
3. Right-of-way maintenance for public facilities meeting the standards Section
11-15-10 LQm
4. Agricultural and forestry activities meeting the standards of Sections 11-15-7
(B) 1 and 3:
5. Selective vegetation removal, provided that vegetative cover remains
consistent with the management purpose of the MRCCA District, including
removal of:
A. Vegetation that is dead, diseased, dig, or hazardous:
B. Vegetation to prevent the spread of diseases or insect pests:
C. Individual trees and shrubs: and
D. Invasive non-native species.
D. Activities allowed with a vegetation permit.
1. Only the following intensive vegetation clearing activities are allowed with a
vegetation permit:
A. Clearing of vegetation that is dead, diseased, dying, or hazardous:
C. Clearing to prevent the spread of diseases or insect pests:
D. Clearing to remove invasive non-native species.
E. Clearing to prepare for restoration and erosion control management
activities consistent with a plan approved by the city.
F. The minimum necessary for development that is allowed with a
building permit or as an exemption under Section 11-15-14.
2. General Performance Standards. The following standards must be met, in
addition to a restoration plan under Section 11-15-11 (G), in order to
approve a vegetation permit:
A. Development is sited to minimize removal of or disturbance to natural
vegetation:
proposed work as determined by a Cijv Engineeiial: ,� commented [D541: Delerepa remheses;
C. Clearing is the minimum necessary and designed to blend with the Formatted: Font color: Text 1
natural terrain and minimize visual impacts to public river corridor
views and other scenic views:
D. Vegetation removal activities are conducted so as to expose the smallest
practical area of soil to erosion for the least possible time, and to avoid
bird migration and nesting seasons: and
E. Anv other condition determined necessary to achieve the purpose of
this section
F. Prohibited activities. All other intensive vegetation clearing is prohibited.
G. Vegetation restoration plan.
1. Development of a vegetation restoration plan and reestablishment of natural
vegetation is required:
A. For any vegetation removed with a permit under Section 11-15-11 (D):
B. Upon failure to comlly with any12rovisions in this section: or
C. As part of the planning process for subdivisions as provided in Section
11-15-13.
2. Restoration Plan Performance Standards. The vegetation restoration plan
must satisfy the application submittal requirements in 11-15-5 (F), and:
A. Vegetation must be restored in one or more of the following restoration
priority areas:
1. Areas with soils showing signs of erosion, especially on or near the
ton and bottom of steep slopes and bluffs:
2. Shoreline areas within 25 feet of the water with no natural
vegetation, degraded vegetation, or planted with turf grass:
3. Areas on steep slopes and bluffs that are visible from the river
with no natural vegetation, degraded vegetation, or planted with
turf grass: or
4. Other approved priority ODD ortunity area. including priorities
identified in the MRCCA plan, if none of the above exist.
B. Include vegetation that provides suitable habitat and effective soil
stability, runoff retention, and infiltration capability. Vegetation species,
composition, density, and diversity must be guided by nearby patches of
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C. Any highly erodible soils disturbed during removal and/or restoration
must be stabilized with deep-rooted vegetation with a high stem
densitys
D. Vegetation removed must be restored with native vegetation to the
greatest extent practicable. The area (square feet) of the restored
vegetation should be similar to that removed to the greatest extent
practicable.
E. For restoration of removed native plant communities, restored
vegetation must also provide biological and ecological function
equivalent to the removed native plant communities. The area (square
feet) of the restored vegetation should be equivalent to that removed:
F. Be prepared by a Qualified individual: and
G. Include a maintenance plan that includes management provisions for
controlling invasive species and replacement of plant loss for three
years.
3. A certificate of compliance will be issued after the vegetation restoration
plan requirements have been satisfied.
11-15-12: RGAn UT-1 TTV A41P DTDDT 14114 /`ONSTRUC-T-1041 A41-D RQUTI41G. D1:rTiT ATT0 iC
LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT:
feasilgil".
2. OyeFh..a-.T eressings, if re.,,,ire El Shall ,ti @@t the fell ,.. ing
-;;-. The c-.-r essings shall Ige adjaeent te er part of an existing utility eerrider, ineluding
El. V......t.,t:............... ing .-hall be utilized t.. the H..,xiHi..H...)4ei4 .....iSi4ei4 th V^"
Stu Fal e ,ter inelucli g g aclin.. shall be minimized.
4-4- 4-5 QR-4his9hapter.
2 util:r Sing. 44-4:i L. ,...- .- ill
AllL....-„L.;....r r., rl....-;r.. -..r F.,,-rl. ;
of this Chapter
enviFonment oF land uses. SeFeening by natuFal means is eneouFaged and should be
soils.
E. All
the ...aj-4-4e -s ...h;..h .. .-r...a R-14 sitePrier to
A.-..;. /`.,FFj( RF R „r...a ...;rh;.. rh.. cFj4:;..mil A.-..;. /`.,FFj( RF .-hill ,ti,....r rh .. F.,11.,...; ....
1. RR-Rds Ri4d railways shall he-- constructod 4:R- Mini -Mize, iMpaets 914the RR41irRl torrRin
— 3. All -and railways Shall Ige subjeet te t4e site Planning requir@R4@14ts ;p4: 4444h j4;
;sting and Plannedresidential, 41 era
6. All 4;p;.v ;44;(4 F;4;.vays Shall previEle safe Pedestrian eressing peiRts 4:R- ;AR -;AT
r., the F,-.,..r Rest vistas a...a waysides S14all h.. pre ,;ded
7. The ..rages of any streets ;h R]l not e-weped ten p ,.r (1046). )(9 979 ( Gde § 28 77)
A. Purpose. To establish standards that protect water quality from pollutant loadings
of sediment, nutrients, bacteria, and other contaminants: and maintain stability of
bluffs, shorelines, and other areas prone to erosion.
B. Land alteration.
1. Within the bluff impact zone, land alteration is prohibited, except for the
following, which are allowed by permit.
A. Erosion control consistent with a plan approved by the local
government or resource agency and consistent with Section 11-15-12
LEL
B. The minimum necessary for development that is allowed as an
exception under Section 11-15-14: and
C. Repair and maintenance of existing buildings and facilities.
2. Within the water quality impact zone, land alteration that involves more than
ten cubic yards of material or affects an area greater than 1,000 square feet
requires a permit.
C. Rock riprap. retaining walls, and other erosion control structures.
1. Construction, repair, or replacement of rock riprap, retaining walls, and other
erosion control structures located at or below the OHWL must compll, with
Minnesota Kules art b115.UZ1b. Subp. 4. item 1 and bIIb.UZ1b. Sub Z. ,� Formatted: Font color: Text 1
p.................................................................................................. p.......................
Work must not proceed until approved by the commissioner, permitted by Formatted: Font color: Text 1
the US Army Corps of Engineers, and any other permits are obtained. See
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Figure 8.
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Figure 8. Riprap Guidelines
Riprap Guidelines
Above OHWL: get total i Below OHVVL get DNR
government unit permit permit or permission
Regulatory
pod OHWL
e.ec�ttieFl
IevaHan — -------
River "--'
FIf�
1
3
F, ilshed slope below OHWL—IL
I. _less than a 1:3 ratio
2. Construction or replacement of rock riprap. retaining walls. and other
erosion control structures within the bluff impact zone and the water quality
impact zone are allowed with a permit consistent with provisions of Section
11-15-12 (F) provided that:
A. If the project includes work at or below the OHWL, the commissioner has
already pproved or permitted the project.
B. The structures are used only to correct an established erosion problem as
determined by the city.
C. The size and extent of the structures are the minimum necessary to
correct the erosion problem and are not larger than the following, unless
a professional engineer determines that a larger structure is needed to
correct the erosion problem:
1. Retaining walls must not exceed five feet in height and must be placed
a minimum horizontal distance of ten feet apart: and
2. Riprap must not exceed the height of the regulatory flood protection
elevation.
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D. Repair of existing rock riprap, retaining walls, and other erosion control
structures above the OHWL does not require a permit provided it does
not involve any land alteration.
D. Stormwater management.
1. In the bluff impact zone, storm water management facilities are prohibited,
except by permit if:
A. There are no alternatives for storm water treatment outside the bluff
impact zone on the subject site:
B. The site generating runoff is designed so that the amount of runoff
reaching the bluff impact zone is reduced to the greatest extent
practicable:
C. The construction and operation of the facility does not affect sloye
stability on the subject property or adjacent properties: and
D. Mitigation based on the best available engineering and geological
practices is required and applied to eliminate or minimize the risk of
slope failure.
2. In the water quali , impact zone, development that creates new impervious
surface, as allowed b, exemption in Section 11-15-14, or fully reconstructs
existing impervious surface of more than 10.000 square feet requires a storm
water permit. Multipurpose trails and sidewalks are exempt if there is down
gradient vegetation or a filter strip that is at least five feet wide.
3. In all other areas, storm water runoff must be directed away from the bluff
impact zones or unstable areas.
E. Development on steer) slopes. Construction of structures. impervious surfaces. land
alteration, vegetation removal, or other construction activities are allowed on steep
slopes if:
1. The development can be accomplished without increasing erosion or storm
water runoff:
2. The soil types and geology are suitable for the proposed development: and
3. Vegetation is managed according to the requirements of Section 11-15-11.
F. Conditions of land alteration permit approval.
1. Temporary and permanent erosion and sediment control measures retain
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2. Natural site topography, soil, and vegetation conditions are used to control
runoff and reduce erosion and sedimentation:
3. Construction activity is phased when possible:
4. All erosion and sediment controls are installed before starting an,, land
disturbance activity:
5. Erosion and sediment controls are maintained to ensure effective operation:
6. The proposed work is consistent with the vegetation standards in Section 11-
15-11: and
7. Best management practices for protecting and enhancing ecological and
G. Compliance with other plans and programs. All development must:
2. Meet or exceed the wetland protection standards under Minnesota Rules,
3. Meet or exceed the floodplain management standards under Minnesota
11-15-13: MARINAS; BARGE FLEETING AND LOADING FACILITIES SUBDIVISION AND
LAND DEVELOPMENT STANDARDS:
A. Bea�LatinehingRaHips!
— 2. Share El E)r i eii4 ti se aeeessery parking will be preferred. Leading will be pe rHii4ed
i. Th.. ,ti, .-hill h...a...-;..ned fee and used . my h., ,-.leasUrp- ..,-44F
n4ay be permitted, providing they are eensiste--W: in seRle, Rnd intensity with the, mRrinR Rnd
-'Urreunding uses,
/` Barge Fleeting Leading And Stem... Barge Fleeting leading and .-terag.. .-L. ill hi.
permitted only in e plia,.eoyA4:h rho F.,11.,...ri Rg ,-„-GViS;.,,.S.
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A. Purpose.
1. To protect and enhance the natural and scenic values of the MRCCA during
development or redevelopment of the remaining large sites: and
2. To establish standards for protecting and restoring biological and ecological
functions of primary conservation areas on large sites: and
3. To encourage restoration of natural vegetation during development or
redevelopment of large sites where restoration opportunities have been
identified in MRCCA Plans.
B. Applicability.
1. The design standards in this section apply to subdivisions, planned unit
developments and master -planned development and redevelopment of land
involving ten (10) or more acres contiguous parcels that abut the Mississippi
River and 20 or more acres for all other parcels. including smaller individual
sites within the following developments that are part of a common plan of
development that maybe constructed at different times:
A. Subdivisions:
B. Planned unit developments: and
C. Master -planned development and redevelopment of land.
2. The following activities are exempt from the requirements of this section:
A. Minor subdivisions consisting of three (3) or fewer lots:
B. Minor boundary line corrections:
C. Resolutions of encroachments:
D. Additions to existing lots of record:
E. Placement of essential services: and
F. Activities involving river -dependent commercial and industrial uses.
C. Application materials. Project information listed in Section 11-15-5 (F) must be
submitted for all proposed developments.
D. Design standards.
1. Primary conservation areas, where they exist, must beset aside and
designated as protected open space in quantities meeting the following as a
percentage of total parcel area:
A. CA-ROS District: 50%:
B. CA -RN District: 20%:
C. CA -UM Districts: 10%:
D. CA -SR District: 10% if the parcel includes native plant communities or
provides feasible connections to a regional park or trail system,
otherwise no requirement.
2. If the primary conservation areas exceed the amounts specified in Section
11-15-13 (D) (1), then protection of native plant communities and natural
vegetation in riparian riparian areas shall be prioritized.
3. If primary conservation areas exist but do not have natural vegetation
(identified as restoration priorities in the MRCCA Plan), then a vegetation
assessment must be completed to evaluate the unvegetated primary
conservation areas and determine whether vegetation restoration is needed.
If restoration is needed, vegetation must be restored according to Section 11-
15-11 G .
4. If primary conservation areas do not exist on the parcel and portions of the
parcel have been identified in the MRCCA plan as a restoration area,
vegetation must be restored in the identified areas according to Section 11-
15-11 (G) and the area must be set aside and designated as protected open
space.
5. Storm water treatment areas or other green infrastructure may be used to
meet the protected open space requirements if the vegetation provides
biological and ecological functions.
6. Land dedicated under Chapter 10, Section 10-4-3 for public river access,
parks, or other open space or public facilities maybe counted toward the
protected open space requirement.
7. Protected open space areas must connect open space, natural areas, and
recreational areas, where present on adjacent parcels, as much as possible to
form an interconnected network.
E. Permanent protection of designated open space.
1. Designated open space areas must be protected through one or more of the
following methods:
A. Public acquisition bygovernment entity for conservation purposes:
B. A permanent conservation easement, as provided in Minnesota
Statutes. chapter 84C:
C. A deed restriction: and
D. Other arrangements that achieve an equivalent degree of protection.
2. Permanent protection methods must ensure the long-term management of
vegetation to meet its biological and ecological functions, prohibit structures,
and prohibit land alteration, except as needed to provide public recreational
facilities and access to the river.
F. Alternative design standards.
1. Alterative design standards maybe considered through a planned unit
development or cluster development Individual lots in a planned unit
development or cluster development are not required to meet the design
standards of this section if it can be demonstrated that the overall
development is in compliance with the standards and purpose of this section.
11-15.14: RIVED FRONT USE AND ACCESS EXEMPTIONS:
(` N. 4: j4; .l,,.ap 4; CR-4:Rh-j4;P(4 -4:Rr4:R R...a .- nirayy.-..we „tfall.- (9 979 GeEle § 28 80)
A. Purpose. To provide exemptions to structure placement, height and other standards
for specific river or water access dependent facilities as provided in Minnesota
Statutes. section.116G.15 Subd. 4,
B. A1212licability. \\�
1. Uses and activities not specifically, exempted must comply with this section.
Uses and activities exempted under shore impact zone and bluff impact zone
must comply with the vegetation management and land alteration standards
in Sections 11-15-10 and 11-15-11.
2. Uses and activities in Section 11-15-14 (C) are categorized as:
A. Exempt - E. This means that the use or activity is allowed:
B. Exempt if no alternative - (E). This means that the use or activity is
allowed only if no alternatives exist: and
C. Not exempt - N. This means that a use or activity is not exempt and
must meet the standards of this ordinance.
C. Use and activity exemptions classification.
1. General uses and activities. On the tables below:
SIZ - Shore Impact Zone
BIZ - Bluff Impact Zone
Use or Activity Set- Height SIZ BIZ Applicable standards with which
71 backs Limits the use or activity must comply
Industrial and utility structures requiring greater N E N N Structure design and placement
height for operational reasons (such as elevators, must minimize interference with
refineries and railroad signaling towers) public river corridor views.
Barns, silos, and farm structures N E N N
Bridges and bridge approach roadways
Wireless communication towers
Chimneys, church spires, flag poles, public
monuments, and mechanical stacks and
equipment
Historic Droperties and contributing Droperties in
historic districts
2. Public utilities
E E E (E) 11-15-10
E E N N
N E N N
E E E I E I Exemptions do not apply to
additions or site alterations
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Use or Activity
Essential services (other than storm water
3. Public recreational facilities.
Use or Activity
Accessory structures, such as monuments,
flagpoles, light standards, and similar park features
Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
E E E (E) 11-15-10
E I E E E 111-15-10
Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
E E (E) (E) 11-15-10; within BIZ, only on
slopes averaging less than 30%.
Exemptions do not apply to
Picnic shelters and other open -sided structures
E
LEI
N
N
(E)
(E)
1 N
(E)
11-15-10
11-15-10; within BIZ, only within
Parking lots
20 feet of toe of bluff: not on
face of bluff: and must not affect
(E)
E
stability of bluff
11-15-10
11-15-10
Roads and driveways
(E)
E
N
N
EE]
E
Natural -surfaced trails, access paths, and viewing
areas
Hard -surfaced trails and viewing platforms E I N I E I (E) 111-15-10; within BIZ, only on
Public signs and kiosks for interpretive or I E I N I E I (E) 1 11-15-10
4. River -dependent uses.
Use or Activity
�T Set
Height
SIZ BIZ Applicable standards with which
backs
Limits
the use or activity must comply
Shoreline facilities
E
N'
E LEI
11-15-7 (C). Exemptions do not
apply to buildings, structures,
and parking areas that are not
L�
part of a shoreline facility
1 River -dependent commercial, industrial, and utility structures are exempt from height
limits only if greater height is required for operational reasons.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Private roads and conveyance structures serving E N1} E LEI 11-15.7 (C) Formatted: Superscript
river -dependent uses I
5. Private residential and commercial water access and use facilities.
Use or Activity Set Height SIZ BIZ Applicable standards with which
backs Limits the use or activity must comply
Private roads serving 3 or more lots EEJ N N (E) 11-15-9: in BIZ, only on slopes
averaging less than 30%.
Exemption does not apply to
private roads serving fewer 3 lots
or to private driveways and
parking areas
Access paths E N E E 11-15-9
Temporary storage of docks, boats, and other E I N I E N
Erosion control structures, such as rock riprap and E N E (E) 11-15-12 (C). (E) and (F)
retaining walls
Flood control structures E N E (E) 11-15-12
MDEPARTMENT OF
NATURAL RESOURCES
MRCCA ORDINANCE PROCESSING CHECKLIST
Please complete, sign and return this checklist and all required documents by email to the
DNR:
Ordinance. review. dnr(d),state.mn.use, and
your Area Hydrologist
1. Date(s) of published public hearing notice(s). Email the notice
with this checklist.
2. Date(s) of public hearing(s).
3. Date of ordinance adoption. Email the adopted ordinance/
amendment with the signature of the chief elected official in
PDF format with this checklist.
4.
Date of newspaper publication of adopted ordinance
summary. Email a copy of the published summary with this
checklist.
5. Email a zoning map showing the "MRCCA districts" corresponding to those listed in
the adopted ordinance and the underlying zoning districts if the adopted ordinance
refers to them.
Signature of Clerk/Auditor
Name of Community
ORDINANCE NO.
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
REPEALING AND REPLACING COTTAGE GROVE CITY CODE TITLE 11,
CHAPTER 15, SECTIONS 1-16 REGARDING THE MISSISSIPPI RIVER CORRIDOR
CRITICAL AREA OVERLAY DISTRICT
The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby
ordain as follows:
SECTION 1. REPEAL AND REPLACE. The Code of the City of Cottage Grove,
County of Washington, State of Minnesota, Title 11, Chapter 15, is hereby repealed and replaced
as follows:
CHAPTER 15
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT
11-15-1: AUTHORITY:
A. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) Chapter
15 is adopted pursuant to the authorization and policies contained in Minnesota Statutes,
Chapter 116G, Minnesota Rules, parts 6106.0010 - 6106.0180, and the planning and zoning
enabling legislation in Minnesota Statutes, Chapter 462 and 473.
B. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the
state to regulate the subdivision, use and development of designated critical areas and thus
preserve and enhance the quality of important historic, cultural, aesthetic values, and natural
systems and provide for the wise use of these areas.
11-15-2: PURPOSE AND INTENT:
A. The purpose and intent of this Chapter to prevent and mitigate irreversible damage to this
unique State, local, regional and national resource to promote orderly development of the
residential, commercial, industrial, recreational and public areas, to preserve and enhance its
values to the public and protect and preserve the system as an essential element in the City's
transportation, sewer and water and recreational systems.
B. The Mississippi River Corridor shall be managed as a multi -purpose public resource by
continuing use of the river channel for transportation, continuing use of certain areas for
fleeting for river transportation, conserving the scenic, environmental, recreational, mineral,
economic, cultural and historic resources and functions of the river corridor and providing for
the continuation of development of a variety of urban uses within the river corridor.
11-15-3: GENERAL PROVISIONS:
A. Jurisdiction. The provisions of this chapter apply to land within the river corridor boundary
as described in the State Register, volume 43, pages 508 to 519 and shown on the City's Zoning
Map.
B. Enforcement. The City is responsible for the administration and enforcement of this chapter.
Any violation of its provisions 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 chapter can occur regardless of whether a permit is or is not required for a regulated activity
listed in Section 11-15-5 (B) of this chapter.
C. Severability. If any section, clause, provision, or portion of this chapter is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter
shall not be affected thereby.
D. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall prevail. All other chapters
inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
E. Underlying Zoning. Uses and standards of underlying zoning districts apply except where
standards of this overlay district are more restrictive.
11-15-4: DEFINITIONS: Unless specifically defined below, words or phrases used in this chapter
shall be interpreted to give them the same meaning they have in common usage and to give this
chapter its most reasonable application. For the purpose of this chapter, the words "must" and
"shall" are mandatory and not permissive. All distances, unless otherwise specified, are measured
horizontally.
Access path. An area designated to provide ingress and egress to public waters.
Adjacent. Having a boundary that physically touches or adjoins.
Agricultural use. A use having the meaning given under Minnesota Statutes, section
40A.02.
Alternative design. Subdivision design methods such as conservation design, transfer of
development density, or similar zoning and site design techniques that protect open space
and natural areas.
Biological and ecological functions. The functions of vegetation in stabilizing soils and
slopes, retaining and filtering runoff, providing habitat, and recharging groundwater.
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Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or
greater, measured over a horizontal distance of 25 feet, from the toe of the slope to the top
of the slope. Where the slope begins below the OHWL, the OHWL is the toe of the slope.
See Figure 1; or
Figure 1. Bluff and Bluff Impact Zone
Bluff and Bluff Impact Zone
I I I
Bluff Impact Zone
I I I
I I I
I I I
I 20ft 25ft 20ft I
I I
I I I
Structure sett—k �+ >_16%slope
40-100ft
I I I I
1 Top of Bluff or 125It I
� Bluffline I I
1 I I
I I I
1 Tce of Bluff or I I
OHWL
3 I I
Bluff
B. A natural escarpment or cliff with a slope that rises at least ten feet above the
OHWL or toe of the slope, whichever is applicable, to the top of the slope, with a slope of
75 degrees or greater. See Figure 2.
Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
Bluffand Bluff Impact Zone
Bluff Impact Zone
20ft 20ft
I I I I I
s� Structure setback z75
1 4.100ft degrees
1 I I �z10 ft I
I I I I
Top of Bluff
or Bluffline
I Toe of Bluff I
orCHWL
1
I I
Bluff
Bluff
Bluffline. A line delineating the top of the bluff. More than one bluffline may be
encountered proceeding landward from the river. See Figures 1 and 2.
Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the
slope above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured
over a horizontal distance of 25 feet. See Figures 1 and 2.
Buildable area. The area upon which structures may be placed on a lot or parcel of land
and excludes areas needed to meet requirements for setback, rights -of -way, bluff impact zones,
historic properties, wetlands, designated floodways, land below the OHWL of public waters, and
other unbuildable areas.
Building. A structure with two or more outside rigid walls and a fully secured roof and
affixed to a permanent site.
Certificate of compliance. A document written after a compliance inspection, certifying
that the development complies with applicable requirements at the time of the inspection.
Commissioner. The commissioner of the Minnesota Department of Natural Resources.
Conditional use. A use having the meaning given under Minnesota Statutes, chapters 394
and 462.
Conservation design. A pattern of subdivision that is characterized by grouping lots within
a portion of a parcel, where the remaining portion of the parcel is permanently protected as open
space.
Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or
without attached railings, seats, trellises, or other features, attached or functionally related to a
principal use or site.
Developer. Having the meaning given under Minnesota Statutes, section 116G.03.
Development. Having the meaning given under Minnesota Statutes, section 116G.03.
Discretionary action. An action under this chapter related to land use that requires a public
hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, Planned
Unit Developments, conditional use permits, interim use permits, variances, appeals, and
rezonmgs.
Dock. Having the meaning given under Minnesota Rules, Chapter 6115.
Electric power facilities. Equipment and associated facilities for generating electric power
or devices for converting wind energy to electrical energy as identified and defined under
Minnesota Statutes, section 216E.
Essential services. Underground or overhead gas, electrical, communications, steam, or
water distribution, collection, supply, or disposal systems, including storm water. Essential
services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic
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signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and
accessories in conjunction with the systems. Essential services does not include buildings,
treatment works as defined in Minnesota Statutes, section 115.01, electric power facilities or
transmission services.
Feedlot. Having the meaning given for animal feedlots under Minnesota Rules, Chapter
7020.
Floodplain. Having the meaning given the meaning given under Minnesota Rules, Chapter
6120.
Fully reconstructs. The reconstruction of an existing impervious surface that involves site
grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing
activities are not considered fully reconstructed.
Hard -surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface,
for multi -purpose use, as determined by local, regional, or state agency plans.
Historic property. An archaeological site, standing structure, site, district, or other
property that is:
A. Listed in the National Register of Historic Places or the State Register of Historic
Places or locally designated as a historic site under Minnesota Statutes, chapter 471;
B. determined to meet the criteria for eligibility to the National Register of Historic
Places or the State Register of Historic Places as determined by the director of the
Minnesota Historical Society; or
C. An unplatted cemetery that falls under the provisions of Minnesota Statutes, chapter
307, in consultation with the Office of the State Archaeologist.
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,
parking lots, storage areas, and driveways, including those with concrete, asphalt, or gravel
surfaces.
Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a
contiguous patch, strip, row, or block.
Interim use. A use having the meaning given under Minnesota Statutes, Chapters 394 and
462.
Land alteration. An activity that exposes the soil or changes the topography, drainage, or
cross section of the land, excluding gardening or similar minor soil disturbances.
Local government. Counties, cities, and townships.
Lot. Having the meaning given under Minnesota Rules, Chapter 6120.
Lot width. The shortest distance between lot lines measured at both the OHWL and at the
required structure setback from the OHWL. See Figure 3.
r igure .3. Lot MUM
Lot Width
Structure
setback
-
- X and Y must
each be as
long as the
minimum lot
width
Y —
OHWL River
Marina. Having the meaning given under Minnesota Rules, Chapter 6115.
Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor
Boundary (See critical area boundary on City's Zoning Map).
Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element
in the City's Comprehensive Plan.
Mooring facility. Having the meaning given under Minnesota Rules, part 6115.0170.
Native plant community. A plant community identified by the Minnesota Biological
Survey or biological survey issued or adopted by a local, state, or federal agency.
Natural -surface trail. A trail composed of native soil and rock or compacted granular
stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local,
regional, or state agency plans.
Natural vegetation. Any combination of ground cover, understory, and tree canopy that,
while it may have been altered by human activity, continues to stabilize soils, retain and filter
runoff, provide habitat, and recharge groundwater.
Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or
removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of
nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary
facilities such as access roads, bridges, culverts, and water level control structures. For purposes
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of this subpart, "facility" includes all mine pits, quarries, stockpiles, basins, processing structures
and equipment, and any structures that drain or divert public waters to allow mining.
Ordinary High Water Level (OHWL). Having the meaning given under Minnesota
Statutes, section 103G.005.
Overlay district. A zoning district applied over one or more previously established zoning
districts, establishing additional or stricter standards and criteria for covered properties in addition
to those of the underlying zoning district. Overlay districts are often used to protect historic
features and natural resources such as shoreland or floodplain.
sky.
Parcel. Having the meaning given under Minnesota Statutes, section 116G.03.
Patio. A constructed hard surface located at ground level with no railings and open to the
Picnic shelter. A roofed structure open on all sides, accessory to a recreational use.
Planned Unit Development (PUD). A method of land development that merges zoning
and subdivision controls, allowing developers to plan and develop a large area as a single entity,
characterized by a unified site design, a mix of structure types and land uses, and phasing of
development over a number of years. Planned Unit Development includes any conversion of
existing structures and land uses that utilize this method of development.
Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B.
Port. A water transportation complex established and operated under the jurisdiction of a
port authority according to Minnesota Statutes, Chapter 458.
Primary Conservation Areas. Key resources and features, including shore impact zones,
bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural
drainage routes, unstable soils and bedrock, native plant communities, cultural and historic
properties, and significant existing vegetative stands, tree canopies, and other resources identified
in local government plans.
Private facilities. Private roads, driveways, and parking areas, private water access and
viewing facilities, decks and patios in setback areas, and private signs.
Professional engineer. An engineer licensed to practice in Minnesota.
Public facilities. Public utilities, public transportation facilities, and public recreational
facilities.
Public recreation facilities. Recreational facilities provided by the state or a local
government and dedicated to public use, including parks, scenic overlooks, observation platforms,
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trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water -oriented
public facilities used for recreation.
Public river corridor views. Views toward the river from public parkland, historic
properties, and public overlooks, as well as views toward bluffs from the ordinary high-water level
of the opposite shore, as seen during the summer months and documented in the MRCCA
plan/chapter of the Comprehensive Plan.
Public transportation facilities. All transportation facilities provided by federal, state, or
local government and dedicated to public use, such as roadways, transit facilities, railroads, and
bikeways.
Public utilities. Electric power facilities, essential services, and transmission services.
Public waters. Having the meaning given under Minnesota Statutes, section 103G.005.
Readily visible. Land and development that are easily seen from the ordinary high-water
level of the opposite shore during summer months.
Resource agency. A federal, state, regional, or local agency that engages in environmental,
natural, or cultural resource protection or restoration activities, including planning,
implementation, and monitoring.
Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble
masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with
piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.
Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds,
bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion.
River corridor boundary. The boundary approved and adopted by the Metropolitan
Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in
Minnesota Statutes, section 116G.15, and as legally described in the State Register, volume 43,
pages 508 to 518.
River -dependent use. The use of land for commercial, industrial, or utility purposes,
where access to and use of a public water feature is an integral part of the normal conduct of
business and where the use is dependent on shoreline facilities.
Selective vegetation removal. The removal of isolated individual trees or shrubs that are
not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy
or understory cover.
Setback. A separation distance measured horizontally.
Shore Impact Zone (SIZ). Land located between the ordinary high-water level of public
waters and a line parallel to it at a setback of 50 percent of the required structure setback or, for
agricultural use, 50 feet landward of the OHWL. See Figure 4.
Figure 4. Shore Impact Zone
Shore Impact Zone
-- - Structure -
Structure
setback
Shore
-------------
irnpact zone
(50sk or structure
setback)
OHWL
Water
Shoreline facilities. Facilities that require a location adjoining public waters for ingress
and egress, loading and unloading, and public water intake and outflow, such as barge facilities,
port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term
watercraft mooring facilities for patrons, and water access ramps. Structures that would be
enhanced by a shoreline location, but do not require a location adjoining public waters as part of
their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.
Steep slope. A natural topographic feature with an average slope of 12 to 18 percent,
measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than
18 percent that are not bluffs.
Storm water management facilities. Facilities for the collection, conveyance, treatment,
or disposal of storm water.
Structure. A building, sign, or appurtenance thereto, except for aerial or underground
utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other
supporting appurtenances.
Subdivision. Having the meaning given under Minnesota Statutes, section 462.352.
Subsurface sewage treatment system. Having the meaning given under Minnesota Rules,
part 7080.1100.
Transmission services.
A. Electric power lines, cables, pipelines, or conduits that are:
(1) used to transport power between two points, as identified and defined under
Minnesota Statutes, section 216E.01, Subd. 4; or
Wei
(2) For mains or pipelines for gas, liquids, or solids in suspension, used to
transport gas, liquids, or solids in suspension between two points; and
B. Telecommunication lines, cables, pipelines, or conduits.
Treeline. The more or less continuous line formed by the tops of trees in a wooded area
when viewed from a particular point. The treeline is determined during all seasons as if under full
foliage.
Variance. Having the meaning given under Minnesota Statutes, section 394.22.
Water access ramp. A boat ramp, carry -down site, boarding dock, and approach road, or
other access that allows launching and removal of a boat, canoe, or other watercraft with or without
a vehicle and trailer.
Water -oriented accessory structure. A small building or other improvement, except
stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public
waters, needs to be located closer to public waters than the normal structure setback. Examples
include gazebos, screen houses, fish houses, pump houses, and detached decks and patios.
Water quality impact zone. Land within the shore impact zone or within 50 feet of the
OHWL of the river, whichever is greater, and land within 50 feet of a public water, wetland, or
natural drainage route.
Wetland. Having the meaning given under Minnesota Statutes, section 103G.005.
11-15-5: ADNUNISTRATION:
A. Purpose. The purpose of this Section is to identify administrative provisions to ensure this
chapter is administered consistent with its purpose.
B. Permits. 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,
vegetation removal consistent with Section 11-15-11 and land alterations consistent with
Section 11-15-12.
C. Variances. Variances to the requirements under this chapter may only be granted in
accordance with Minnesota Statutes, section 462.357 and must consider the potential impacts
of variances on primary conservation areas, public river corridor views, and other resources
identified in the MRCCA plan. In reviewing the variance application, the City shall evaluate
the impacts to these resources. If negative impacts are found, require conditions to mitigate the
impacts that are related to and proportional to the impacts, consistent with Section 11-15-5 (E)
and 11-2-7. Make written findings that the variance is consistent with the purposed of this
chapter.
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D. Conditional and interim use permits. All conditional and interim uses, required under this
chapter, must comply with Minnesota Statutes, section 462.3595 and must consider the
potential impacts on primary conservation areas, public river corridor views, and other
resources identified in the MRCCA plan. In reviewing the application, the City shall evaluate
the impacts to these resources and if negative impacts are found, require conditions to mitigate
the impacts that are related to and proportional to the impacts, consistent with Section 11-15-
5 (E) and 11-2-9.
E. Conditions of Approval. The City shall evaluate the impacts to primary conservation areas,
public river corridor views, and other resources identified in the MRCCA Plan, and if negative
impacts are found, require conditions to mitigate the impacts that are related to and
proportional to the impacts. Mitigation may include:
1. Restoration of vegetation identified as "vegetation restoration priorities" identified in the
MRCCA plan.
2. Preservation of existing vegetation;
3. Stormwater runoff management;
4. Reducing impervious surface;
5. Increasing structure setbacks;
6. Wetland and drainage route restoration and/or preservation;
7. Limiting the height of structures;
8. Modifying structure design to limit visual impacts on Public river corridor views; and
9. Other conservation measures.
F. Application materials. Applications for permits and discretionary actions required under this
chapter must submit the following information unless the City determines that the information
is not needed.
1. A detailed project description; and
2. Scaled maps and plans, dimensional renderings, maintenance agreements, and other
materials that identify and describe:
a. Primary conservation areas;
b. Public river corridor views;
c. Buildable area;
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d. Existing and proposed topography and drainage patterns;
e. Proposed storm water and erosion and sediment control practices;
f. Existing and proposed vegetation to be removed and established;
g. Ordinary high water level, blufflines, and all required setbacks;
h. Existing and proposed structures;
i. Existing and proposed impervious surfaces; and
j. Existing and proposed subsurface sewage treatment systems.
G. Nonconformities.
1. All legally established nonconformities as of the date of this ordinance may continue
consistent with Minnesota Statutes, section 462.357, Subd. le.
2. New structures erected in conformance with the setback averaging provisions of Section
11-15-8, (E) (4) are conforming structures.
3. Site alterations and expansion of site alterations that were legally made prior to the
effective date of this ordinance are conforming. Site alterations include vegetation, erosion
control, storm water control measures, and other nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback requirements of
Section 11-15-8 may be expanded laterally provided that:
a. The expansion does not extend into the shore or bluff impact zone or further into the
required setback than the building line of the existing principal structure (See Figure
5); and
b. The expanded structure's scale and bulk is consistent with that of the original structure
and existing surrounding development.
Figure 5. Expansion of Nonconforming Structure
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Expansion of Nonconforming Structure
Expansion
Expansion Structure allowed
not allowed
OHWL
Structure
Shore lmp-t z— setback
(50% of structure
setbaek]
OHWL
River
H. Notifications.
1. Amendments to this chapter and to the MRCCA plan must be submitted to the
Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, items B — I.
2. Notice of public hearings for discretionary actions, including conditional and interim use
permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master
plans, and PUDs, must be sent to the following entities at least ten (10) days prior to the
hearing:
a. The Commissioner in a format prescribed by the DNR;
b. National Park Service; and
c. Where building heights exceed the height limits specified in Section 11-15-8 (B) as
part of the conditional use or variance process, adjoining local governments within the
MRCCA, including those with overlapping jurisdiction and those across the river.
3. Notice of final decisions for actions stated in this section, including findings of fact, must
be sent to the Commissioner, the National Park Service, and adjoining local governments
within the MRCCA within ten (10) days of the final decision.
4. Requests to amend district boundaries must follow the provisions in Minnesota Rules, part
6106.0100, Subp. 9, Item C
5. The DNR will be notified at time of application submittal of master plans, PUDs,
preliminary, and final plats.
L Accommodating disabilities. Reasonable accommodations for ramps or other facilities to
provide persons with disabilities access to the persons' property, as required by the federal
Americans with Disabilities Act and the federal Fair Housing Act and as provided by
Minnesota Rules, Chapter 1341, must:
1. Comply with Sections 11-15-8 to 11-15-14; or
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2. If Sections 11-15-8 to 11-15-14 cannot be complied with, ramps or other facilities are
allowed with an administrative permit provided:
a. The permit terminates on either a specific date or upon occurrence of a particular event
related to the person requiring accommodation; and
b. Upon expiration of the permit, the ramp or other facilities must be removed.
11-15-6: OVERLAY DISTRICTS:
A. Purpose. The purpose of this Section is to establish districts under which building height and
structure placement are regulated to protect and enhance the Mississippi River's resources and
features consistent with the natural and built character of each district.
B. District description and management purpose. The MRCCA within the city is divided into
the following MRCCA Districts:
1. River Neighborhood (RN).
Description. The RN District is characterized by primarily residential neighborhoods
that are riparian or readily visible from the river or that abut riparian parkland. The
district includes parks and open space, limited commercial development, marinas, and
related land uses.
b. Management purpose. The RN District must be managed to maintain the character of
the river corridor within the context of existing residential and related neighborhood
development, and to protect and enhance habitat, parks and open space, public river
corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow
of untreated storm water into the river and enhancing habitat and shoreline vegetation
are priorities in the district.
2. Rural and Open Space (ROS).
a. Description. The ROS District is characterized by rural and low -density development
patterns and land uses, and includes land that is riparian or visible from the river, as
well as large, undeveloped tracts of high ecological and scenic value, floodplain, and
undeveloped islands. Many primary conservation areas exist in the district.
b. Management purpose. The ROS District must be managed to sustain and restore the
rural and natural character of the corridor and to protect and enhance habitat, parks and
open space, public river corridor views, and scenic, natural, and historic areas.
3. Separated from River (SR).
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a. Description. The SR District is characterized by its physical and visual distance from
the Mississippi River. The district includes land separated from the river by distance,
topography, development, or a transportation corridor. The land in this district is not
readily visible from the Mississippi River.
b. Management purpose. The SR district provides flexibility in managing development
without negatively affecting the key resources and features of the river corridor.
Minimizing negative impacts to primary conservation areas and minimizing erosion
and flow of untreated storm water into the Mississippi River are priorities in the district.
The RTC district must be managed in a manner that allows continued growth and
redevelopment in historic downtowns and more intensive redevelopment in limited
areas at river crossings to accommodate compact walkable development patterns and
connections to the river. Minimizing erosion and the flow of untreated storm water into
the river, providing public access to and public views of the river, and restoring natural
vegetation in riparian areas and tree canopy are priorities in the district.
4. Urban Mixed (UM).
a. Description. The UM District includes large areas of highly urbanized mixed use that
are a part of the urban fabric of the river corridor, including institutional, commercial,
industrial, and residential areas and parks and open space.
b. Management purpose. The UM District must be managed in a manner that allows for
future growth and potential transition of intensely developed areas that does not
negatively affect public river corridor views and that protects bluffs and floodplains.
Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of
untreated storm water into the river, and providing public access to and public views
of the river are priorities in the district.
C. MRCCA district map. The locations and boundaries of the MRCCA districts established by
this chapter are shown on MRCCA Overlay District map which is incorporated herein by
reference. The district boundary lines are intended to follow the centerlines of rivers and
streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is
otherwise indicated on the map. Where district boundaries cross unsubdivided property, the
district boundary line is determined by use of dimensions or the scale appearing on the map.
11-15-7: SPECIAL LAND USE PROVISIONS:
A. Purpose. To identify development standards and considerations for land uses that have
potential to negatively impact primary conservation areas and public river corridor views.
B. Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning,
with additional provisions for the following land uses:
1. Agricultural uses. Perennial ground cover is required within 50 feet of the OHWL and
within the bluff impact zone.
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2. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal
feedlots and manure storage areas must conform with Minnesota Rules, Chapter 7020.
Forestry. Tree harvesting and biomass harvesting within woodlands, and associated
reforestation.
4. Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use
permit issued by the local government, subject to the following:
a. New nonmetallic mining is prohibited within the shore impact zone and bluff impact
zone and within the required structure setback from the bluffline and OHWL;
b. Processing machinery must be located consistent with setback standards for structures
as provided in Section 11-15-8 (E);
Only one barge loading area, which must be limited to the minimum size practicable,
is permitted for each mining operation;
d. New and, where practicable, existing nonmetallic mining operations must not be
readily visible and must be screened by establishing and maintaining natural
vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only
the barge loading area;
e. A site management plan must be developed by the operator and approved by the local
government before new nonmetallic mining commences. Operations must be consistent
with the site plan throughout the duration of operations at the site. The site management
plan must:
(1) Describe how the site will be developed over time with an emphasis on minimizing
environmental risk to public waters;
(2) Explain where staged reclamation may occur at certain points during the life of the
site;
(3) Address dust, noise, storm water management, possible pollutant discharges, days
and hours of operation, and duration of operations; and
(4) Describe any anticipated vegetation and topographic alterations outside the pit, and
reclamation plans consistent with the stated end use for the land; and;
f. Existing and new nonmetallic mining operations must submit land reclamation plans
to the local government compatible with the purposes of this ordinance.
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5. Commercial and industrial facilities. Expansion of existing facilities only when they can
be served by existing public or private sewerage, water and transportation facilities, and
where the expansion has been determined to have no impact on regional systems.
C. River -dependent uses. River -dependent uses must comply with the following design
standards:
1. Structures and parking areas, except shoreline facilities and private roads and conveyances
serving river -dependent uses as provided in Section 11-15-14, must meet the dimensional
and performance standards in this chapter must be designed so that they are not readily
visible, and must be screened by establishing and maintaining natural vegetation;
2. Shoreline facilities must comply with Minnesota Rules, Chapter 6115 and must:
a. Be designed in a compact fashion so as to minimize the shoreline area affected; and
b. Minimize the surface area of land occupied in relation to the number of watercraft or
barges to be served; and
c. Dredging and placement of dredged material are subject to existing federal and state
permit requirements and agreements.
D. Wireless communication towers. Wireless communication towers require a conditional or
interim use permit and are subject to the following design standards:
1. The applicant must demonstrate that functional coverage cannot be provided through co -
location, a tower at a lower height, or a tower at a location outside of the MRCCA;
2. The tower must not be located in a bluff or shore impact zone; and
3. Placement of the tower must minimize impacts on public river corridor views.
4. Comply with the general design standards in Section 11-15-10 (B). In addition, small
wireless facilities must also comply with the design standards in City Code Section 7-6-
11(C). If there are any inconsistencies, the stricter provision shall apply.
11-15-8: STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE:
A. Purpose. To establish standards that protect primary conservation areas and public river
corridor views from development impacts and ensure that new development is sited consistent
with the purpose of the MRCCA.
B. Structure height. Structures and facilities must comply with the following standards unless
identified as exempt in Section 11-15-14.
17
1. Structures and facilities must comply with the following standards unless identified as
exempt in Section 11-15-14.
a. ROS District: 35 feet.
b. RN District: 35 feet.
c. SR District: Height is determined by underlying zoning, provided the allowed height is
consistent with that of the mature treeline, where present, and existing surrounding
development, as viewed from the OWHL of the opposite shore.
d. UM District: 60 feet, provided tiering of structures away from the Mississippi River
and from blufflines is given priority, with lower structure heights closer to the river and
blufflines, and that structure design and placement minimize interference with public
river corridor views. Structures over 60 feet are allowed as a conditional use according
to Section 11-4-5 and 11-15-8 (D).
C. Height is measured on the side of the structure facing the Mississippi River.
D. In addition to the conditional use permit requirements of Section 11-15-5 (D), criteria for
considering whether to grant a conditional use permit for structures exceeding the height limits
must include:
1. Assessment of the visual impact of the proposed structure on public river corridor views,
including views from other communities;
2. Determination that the proposed structure meets the required bluff and OHWL setbacks;
3. Identification and application of techniques to minimize the perceived bulk of the proposed
structure, such as:
a. Placing the long axis of the building perpendicular to the river;
b. Stepping back of portions of the facade;
c. Lowering the roof pitch or use of a flat roof,
d. Using building materials or mitigation techniques that will blend in with the natural
surroundings such as green roofs, green walls, or other green and brown building
materials;
e. Narrowing the profile of upper floors of the building; or
f. Increasing the setbacks of the building from the Mississippi River or blufflines;
IN
4. Identification of techniques for preservation of those view corridors identified in the
MRCCA Plan; and
5. Opportunities for creation or enhancement of public river corridor views.
E. Structure and impervious surface placement.
1. Structures and impervious surface must not be placed in the shore or bluff impact zones
unless identified as an exemption in Section 11-15-14.
2. Structures and facilities must comply with the following OHWL setback provisions
unless identified as exempt in Section 11-15-14.
a. ROS District: 200 feet from the Mississippi River.
b. RN District: 100 feet from the Mississippi River.
c. SR District: 50 feet or as specified in underlying zoning.
d. UM District: 50 feet from the Mississippi River.
3. Structures and facilities must comply with the following bluffline setback provisions
unless identified as exempt in Section 11-15-14:
a. ROS District: 100 feet.
b. RN District: 40 feet.
c. SR District: 40 feet.
d. UM District: 40 feet.
4. Where principal structures exist on the adjoining lots on both sides of a proposed building
site, the minimum setback may be altered to conform to the average of the adjoining
setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks
required above are consistent with adjoining development. See Figure 6. The City may
consider the setbacks of additional structures on nearby lots in determining the average
setbacks if needed, for example for corner lots.
19
r igure o. atructure aewacx Averaging
Structure Setback Averaging
Required € u%
structure P P Y
P p .d
principal
€xialin g
pnneip €
Average
:etbzck slrucwre
annetnre
atr�ee,re
structure
'
—
setback
x
x.r.z
v
____ ____
_______
______ ____
Share
No structures in the SIZ
Impact
Zone [SIZ)
OHWL
The scale and
bulk F. pr p..d principal structure
must he consistent with existing principal
struewres.
5. Subsurface sewage treatment systems, including the septic tank and absorption area, must
be located at least 75 feet from the ordinary high-water level of the Mississippi River and
all other public waters.
F. Lot size and buildable area.
1. The width of lots abutting the Mississippi River in the ROS District must be at least 200
feet, unless alternative design methods are used that provide greater protection of the
riparian area.
2. All new lots must have adequate buildable area to comply with the setback requirements
of this section 11-15-8 (E) 2 and 3 to not require variances to use the lots for their intended
purpose.
11-15-9: PERFORMANCE STANDARDS FOR PRIVATE FACILITIES:
A. Purpose. To establish design standards for private facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas, public river
corridor views and other resources identified in the MRCCA plan.
B. General design standards. All private facilities must be developed in accordance with the
vegetation management and land alteration requirements in Sections 11-15-11 and 11-15-12.
C. Private roads, driveways, and parking areas. Except as provided in Section 11-15-14,
private roads, driveways and parking areas must:
1. Be designed to take advantage of natural vegetation and topography so that they are not
readily visible;
2. Comply with structure setback requirements according to Section 11-15-8 (E); and
3. Not be placed within the bluff impact zone or shore impact zone, unless exempt under
Section 11-15-14 and designed consistent with Section 11-15-10 (B).
D. Private water access and viewing facilities.
20
1. Private access paths must be no more than:
a. Eight (8) feet wide, if placed within the shore impact zone; and
b. Four (4) feet wide, if placed within the bluff impact zone.
2. Private water access ramps must:
a. Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and
b. Be designed and constructed consistent with the applicable standards in Design
Handbook for Recreational Boating and Fishing Facilities.
3. Design and construction of private stairways, lifts, and landings are subject to the following
standards:
a. Stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be used for commercial properties and residential facilities held in
common, if approved by the City;
b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in
area. Landings larger than 32 square feet area allowed for commercial properties and
residential facilities held in common, if approved by the City;
c. Canopies or roofs are prohibited on stairways, lifts, or landings;
d. Stairways, lifts, and landings must be located in the least visible portion of the lot
whenever practical; and
e. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are
allowed for achieving access to shore areas according to items A-E of this section and
as provided under Section 11-15-5 (I).
4. One water -oriented accessory structure is allowed for each riparian lot or parcel less than
300 feet in width at the ordinary high-water level, with one additional water -oriented
accessory structure allowed for each additional 300 feet of shoreline on the same lot or
parcel. Water -oriented accessory structures are prohibited in the bluff impact zone and
must:
a. Not exceed 12 feet in height;
b. Not exceed 120 square feet in area; and
c. Be placed a minimum of 10 feet from the OHWL.
21
E. Decks and patios in setback areas. Decks and at -grade patios may encroach into the required
setbacks from the OHWL and blufflines without a variance, when consistent with Sections 11-
15-11 and 11-15-12, provided that:
1. The encroachment of the deck or patio into the required setback area does not exceed 15
percent of the required structure setback;
2. The area of the deck or patio that extends into the required setback area occupies no more
than 25 percent of the total area between the required setback and the 15 percent using the
formula:
[Required setback depth (feet) x 0.15 x lot width (feet) = maximum total area]
3. The deck or patio does not extend into the bluff impact zone. See Figure 7.
Figure 7. Deck and Patio Encroachment
Deck and Patio Encroachment
Lot width (Y) in feet
Encroachment — — — — — — —
Zone V-0.15) ___ Required
structure
Maximum deck/patio area In setback W
encroachment zone= in feet
(X�0.15}xYx0.25
River
F. Directional signs. Directional signs for patrons arriving at a business by watercraft must
comply with the following standards:
1. They must be consistent with Minnesota Statutes, section 8613.115.
2. Only convey the location and name of the establishment and the general types of goods
and services available, if located in a shore impact zone.
3. Be no greater than ten feet (10) in height and 32 square feet in surface area; and
4. If illuminated, the lighting must be fully shielded and directed downward to prevent
illumination out across the river or to the sky.
G. Fences. Fences between principal structures and the river are allowed if fences are:
1. Not higher than six (6) feet.
22
2. Not located within the shore impact zone and bluff impact zone.
3. Not located in the regulatory floodplain.
H. Lighting. Within the OHWL setback:
1. Lighting shall be fully shielded and directed away from the river.
2. Uplighting is prohibited.
11-15-10: PERFORMANCE STANDARDS FOR PUBLIC FACILITIES:
A. Purpose. To establish design standards for public facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas, public river
corridor views and other resources identified in the MRCCA plan. Public facilities serve the
public interest by providing public access to the Mississippi River corridor or require locations
in or adjacent to the river corridor and therefore require some degree of flexibility.
B. General design standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent with the purpose
of the facility;
2. Comply with the structure placement and height standards in Section 11-15-8 , except as
provided in Section 11-15-14;
3. Be consistent with the vegetation management standards in Section 11-15-11 and the land
alteration and storm water management standards in Section 11-15-12, including use of
practices identified in Best Practices for Meeting DNR General Public Waters Work Permit
GP 2004-0001, where applicable;
4. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then
disturbance to primary conservation areas must be avoided to the greatest extent
practicable, and design and construction must minimize impacts; and
5. Minimize disturbance of spawning and nesting times by scheduling construction at times
when local fish and wildlife are not spawning or nesting.
6. Minimize disturbance during bird migration and nesting times by scheduling construction
at times when birds are not migrating or nesting.
C. Right-of-way maintenance standards. Right-of-way maintenance must comply with the
following standards:
1. Vegetation currently in a natural state must be maintained to the extent feasible;
23
2. Where vegetation in a natural state has been removed, native plants must be planted and
maintained on the right-of-way; and
3. Chemical control of vegetation must be avoided when practicable, but when chemical
control is necessary, chemicals used must be in accordance with the regulations and other
requirements of all state and federal agencies with authority over the chemical's use.
D. Crossings of public water or public land. Crossings of public waters or land controlled by
the commissioner are subject to approval by the commissioner according to Minnesota
Statutes, sections 84.415 and 103G.245.
E. Public utilities. Public utilities must comply with the following standards:
High -voltage transmission lines, wind energy conversion systems greater than five
megawatts, and pipelines are regulated according to Minnesota Statutes, Chapter 216E,
216F, and 216G respectively; and
2. If overhead placement is necessary, utility facility crossings must minimize visibility of the
facility from the river and follow other existing rights of way as much as practicable.
3. The appearance of structures must be as compatible as practicable with the surrounding
area in a natural state with regard to height and width, materials used, and color.
4. Wireless communication facilities, according to Section 11-15-7 (D).
F. Public transportation facilities. Public transportation facilities shall comply with structure
placement and height standards in Section 11-15-8. Where such facilities intersect or about
two or more MRCCA districts, the least restrictive standards apply. Public transportation
facilities must be designed and constructed to give priority to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians;
2. Providing safe pedestrian crossings and facilities along the river corridor;
3. Providing access to the riverfront in public ownership; and
4. Allowing for use of the land between the river and the transportation facility.
G. Public recreational facilities. Public recreational facilities must comply with the following
standards:
Buildings and parking associated with public recreational facilities must comply with the
structure placement and height standards in Section 11-15-8, except as provided in Section
11-15-14;
24
2. Roads and driveways associated with public recreational facilities must not be placed in
the bluff or shore impact zones unless no other placement alternative exists. If no
alternative exists, then design and construction must minimize impacts to shoreline
vegetation, erodible soils and slopes, and other sensitive resources.
3. Trails, access paths, and viewing areas associated with public recreational facilities and
providing access to or views of the Mississippi River are allowed within the bluff and shore
impact zones if design, construction, and maintenance methods are consistent with the best
management practice guidelines in Trail Planning, Design, and Development Guidelines.
a. Hard -surface trails are not allowed on the face of bluffs with a slope exceeding 30
percent. Natural surface trails are allowed, provided they do not exceed eight feet in
width.
b. Trails, paths, and viewing areas must be designed and constructed to minimize:
(1) Visibility from the river;
(2) Visual impacts on public river corridor views; and
(3) Disturbance to and fragmentation of primary conservation areas.
4. Public water access facilities must comply with the following requirements:
a. Watercraft access ramps must comply with Minnesota Rules, Chapters 6115.0210 and
6280.0250; and
b. Facilities must be designed and constructed consistent with the standards in Design
Handbook for Recreational Boating and Fishing Facilities.
5. Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or
shore impact zones, provided they are placed and constructed to minimize disturbance to
these areas and avoid visual impacts on public river corridor views. If illuminated, the
lighting must be fully shielded and be directed downward.
6. Public stairways, lifts, and landings must be designed as provided in Section 11-15-9 (D)
(3).
11-15-11: VEGETATION MANAGEMENT:
A. Purpose. To establish standards that sustain and enhance the biological and ecological
functions of vegetation; preserve the natural character and topography of the MRCCA; and
maintain stability of bluffs and steep slopes and ensure stability of other erosion -prone areas.
B. Applicability. This section applies to:
25
1. Shore impact zones;
2. Areas within 50 feet of a wetland or natural drainage route;
3. Bluff impact zones;
4. Areas of native plant communities; and
5. Significant existing vegetative stands identified in the MRCCA plan.
C. Activities allowed without a vegetation permit.
1. Maintenance of existing lawns, landscaping and gardens;
2. Removal of vegetation in emergency situations as determined by the City;
3. Right-of-way maintenance for public facilities meeting the standards Section 11-15-10 (C);
4. Agricultural and forestry activities meeting the standards of Sections 11-15-7 (B) 1 and 3;
5. Selective vegetation removal, provided that vegetative cover remains consistent with the
management purpose of the MRCCA District, including removal of:
a. Vegetation that is dead, diseased, dying, or hazardous;
b. Vegetation to prevent the spread of diseases or insect pests;
c. Individual trees and shrubs; and
d. Invasive non-native species.
D. Activities allowed with a vegetation permit.
1. Only the following intensive vegetation clearing activities are allowed with a vegetation
permit:
a. Clearing of vegetation that is dead, diseased, dying, or hazardous;
b. Clearing to prevent the spread of diseases or insect pests;
c. Clearing to remove invasive non-native species.
d. Clearing to prepare for restoration and erosion control management activities consistent
with a plan approved by the City.
26
e. The minimum necessary for development that is allowed with a building permit or as
an exemption under Section 11-15-14.
2. General Performance Standards. The following standards must be met, in addition to a
restoration plan under Section 11-15-11 (F), in order to approve a vegetation permit:
a. Development is sited to minimize removal of or disturbance to natural vegetation;
b. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as
determined by a City Engineer;
c. Clearing is the minimum necessary and designed to blend with the natural terrain and
minimize visual impacts to public river corridor views and other scenic views;
d. Vegetation removal activities are conducted so as to expose the smallest practical area
of soil to erosion for the least possible time, and to avoid bird migration and nesting
seasons; and
e. Any other condition determined necessary to achieve the purpose of this section.
E. Prohibited activities. All other intensive vegetation clearing is prohibited.
F. Vegetation restoration plan.
1. Development of a vegetation restoration plan and reestablishment of natural vegetation is
required:
a. For any vegetation removed with a permit under Section 11-15-11 (D);
b. Upon failure to comply with any provisions in this section; or
c. As part of the planning process for subdivisions as provided in Section 11-15-13.
2. Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the
application submittal requirements in 11-15-5 (F), and:
a. Vegetation must be restored in one or more of the following restoration priority areas:
(1) Areas with soils showing signs of erosion, especially on or near the top and bottom
of steep slopes and bluffs;
(2) Shoreline areas within 25 feet of the water with no natural vegetation, degraded
vegetation, or planted with turf grass;
(3) Areas on steep slopes and bluffs that are visible from the river with no natural
vegetation, degraded vegetation, or planted with turf grass; or
27
(4) Other approved priority opportunity area, including priorities identified in the
MRCCA plan, if none of the above exist.
b. Include vegetation that provides suitable habitat and effective soil stability, runoff
retention, and infiltration capability. Vegetation species, composition, density, and
diversity must be guided by nearby patches of native plant communities and by Native
Vegetation Establishment and Enhancement Guidelines;
c. Any highly erodible soils disturbed during removal and/or restoration must be
stabilized with deep-rooted vegetation with a high stem density;
d. Vegetation removed must be restored with native vegetation to the greatest extent
practicable. The area (square feet) of the restored vegetation should be similar to that
removed to the greatest extent practicable.
e. For restoration of removed native plant communities, restored vegetation must also
provide biological and ecological function equivalent to the removed native plant
communities. The area (square feet) of the restored vegetation should be equivalent to
that removed;
f. Be prepared by a qualified individual; and
g. Include a maintenance plan that includes management provisions for controlling
invasive species and replacement of plant loss for three years.
3. A certificate of compliance will be issued after the vegetation restoration plan requirements
have been satisfied.
11-15-12: LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT:
A. Purpose. To establish standards that protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and
other areas prone to erosion.
B. Land alteration.
1. Within the bluff impact zone, land alteration is prohibited, except for the following, which
are allowed by permit.
a. Erosion control consistent with a plan approved by the local government or resource
agency and consistent with Section 11-15-12 (F);
b. The minimum necessary for development that is allowed as an exception under Section
11-15-14; and
W.
c. Repair and maintenance of existing buildings and facilities.
2. Within the water quality impact zone, land alteration that involves more than ten cubic
yards of material or affects an area greater than 1,000 square feet requires a permit.
C. Rock riprap, retaining walls, and other erosion control structures.
1. Construction, repair, or replacement of rock riprap, retaining walls, and other erosion
control structures located at or below the OHWL must comply with Minnesota Rules, part
6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until
approved by the commissioner, permitted by the US Army Corps of Engineers, and any
other permits are obtained. See Figure 8.
r igure a. 1prap vuidetmes
Riprap Guidelines
Above Ol get local
Below Ol get ❑NR
government unit permit
permit or permission
Regulatory
flood
bHWL
prptection
elevation w
--.���
River
Filter
1
3
Finished slope below OHWL must
be less than a L3 ratio
2. Construction or replacement of rock riprap, retaining walls, and other erosion control
structures within the bluff impact zone and the water quality impact zone are allowed with
a permit consistent with provisions of Section 11-15-12 (F) provided that:
a. If the project includes work at or below the OHWL, the commissioner has already
approved or permitted the project.
b. The structures are used only to correct an established erosion problem as determined
by the City.
c. The size and extent of the structures are the minimum necessary to correct the erosion
problem and are not larger than the following, unless a professional engineer
determines that a larger structure is needed to correct the erosion problem:
(1) Retaining walls must not exceed five feet in height and must be placed a minimum
horizontal distance of ten feet apart; and
29
(2) Riprap must not exceed the height of the regulatory flood protection elevation.
d. Repair of existing rock riprap, retaining walls, and other erosion control structures
above the OHWL does not require a permit provided it does not involve any land
alteration.
D. Stormwater management.
1. In the bluff impact zone, storm water management facilities are prohibited, except by
permit if:
a. There are no alternatives for storm water treatment outside the bluff impact zone on the
subject site;
b. The site generating runoff is designed so that the amount of runoff reaching the bluff
impact zone is reduced to the greatest extent practicable;
c. The construction and operation of the facility does not affect slope stability on the
subject property or adjacent properties; and
d. Mitigation based on the best available engineering and geological practices is required
and applied to eliminate or minimize the risk of slope failure.
2. In the water quality impact zone, development that creates new impervious surface, as
allowed by exemption in Section 11-15-14, or fully reconstructs existing impervious
surface of more than 10,000 square feet requires a storm water permit. Multipurpose trails
and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least
five feet wide.
3. In all other areas, storm water runoff must be directed away from the bluff impact zones or
unstable areas.
E. Development on steep slopes. Construction of structures, impervious surfaces, land alteration,
vegetation removal, or other construction activities are allowed on steep slopes if:
1. The development can be accomplished without increasing erosion or storm water runoff,
2. The soil types and geology are suitable for the proposed development; and
3. Vegetation is managed according to the requirements of Section 11-15-11.
F. Conditions of land alteration permit approval.
1. Temporary and permanent erosion and sediment control measures retain sediment onsite
consistent with best management practices in the Minnesota Stormwater Manual;
all
2. Natural site topography, soil, and vegetation conditions are used to control runoff and
reduce erosion and sedimentation;
3. Construction activity is phased when possible;
4. All erosion and sediment controls are installed before starting any land disturbance activity;
5. Erosion and sediment controls are maintained to ensure effective operation;
6. The proposed work is consistent with the vegetation standards in Section 11-15-11; and
7. Best management practices for protecting and enhancing ecological and water resources
identified in Best Practices for Meeting DNR General Public Waters Work Permit GP
2004-0001.
G. Compliance with other plans and programs. All development must:
1. Be consistent with Minnesota Statutes, Chapter 103B, and local water management plans
completed under Minnesota Statutes, Chapter 8410;
2. Meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420;
and
3. Meet or exceed the floodplain management standards under Minnesota Rules, parts 6120.
5000 — 6120.6200.
11-15-13: SUBDIVISION AND LAND DEVELOPMENT STANDARDS:
A. Purpose.
1. To protect and enhance the natural and scenic values of the MRCCA during development
or redevelopment of the remaining large sites; and
2. To establish standards for protecting and restoring biological and ecological functions of
primary conservation areas on large sites; and
3. To encourage restoration of natural vegetation during development or redevelopment of
large sites where restoration opportunities have been identified in MRCCA Plans.
B. Applicability.
1. The design standards in this section apply to subdivisions, Planned Unit Developments and
master -planned development and redevelopment of land involving ten (10) or more acres
contiguous parcels that abut the Mississippi River and 20 or more acres for all other parcels,
including smaller individual sites within the following developments that are part of a
common plan of development that may be constructed at different times:
31
a. Subdivisions;
b. Planned Unit Developments; and
c. Master -planned development and redevelopment of land.
2. The following activities are exempt from the requirements of this section:
a. Minor subdivisions consisting of three (3) or fewer lots;
b. Minor boundary line corrections;
c. Resolutions of encroachments;
d. Additions to existing lots of record;
e. Placement of essential services; and
f. Activities involving river -dependent commercial and industrial uses.
C. Application materials. Project information listed in Section 11-15-5 (F) must be submitted
for all proposed developments.
D. Design standards.
1. Primary conservation areas, where they exist, must beset aside and designated as protected
open space in quantities meeting the following as a percentage of total parcel area:
a. CA-ROS District: 50%;
b. CA -RN District: 20%;
c. CA -UM Districts: 10%;
d. CA -SR District: 10% if the parcel includes native plant communities or provides
feasible connections to a regional park or trail system, otherwise no requirement.
2. If the primary conservation areas exceed the amounts specified in Section 11-15-13 (D)
(1), then protection of native plant communities and natural vegetation in riparian areas
shall be prioritized.
3. If primary conservation areas exist but do not have natural vegetation (identified as
restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed
to evaluate the unvegetated primary conservation areas and determine whether vegetation
32
restoration is needed. If restoration is needed, vegetation must be restored according to
Section 11-15-11 (F).
4. If primary conservation areas do not exist on the parcel and portions of the parcel have
been identified in the MRCCA plan as a restoration area, vegetation must be restored in
the identified areas according to Section 11-15-11 (F) and the area must be set aside and
designated as protected open space.
5. Storm water treatment areas or other green infrastructure may be used to meet the protected
open space requirements if the vegetation provides biological and ecological functions.
6. Land dedicated under City Code Title 10, Chapter 4 section 3 for public river access, parks,
or other open space or public facilities may be counted toward the protected open space
requirement.
7. Protected open space areas must connect open space, natural areas, and recreational areas,
where present on adjacent parcels, as much as possible to form an interconnected network.
E. Permanent protection of designated open space.
1. Designated open space areas must be protected through one or more of the following
methods:
a. Public acquisition by a government entity for conservation purposes;
b. A permanent conservation easement, as provided in Minnesota Statutes, Chapter 84C;
c. A deed restriction; and
d. Other arrangements that achieve an equivalent degree of protection.
2. Permanent protection methods must ensure the long-term management of vegetation to
meet its biological and ecological functions, prohibit structures, and prohibit land
alteration, except as needed to provide public recreational facilities and access to the river.
F. Alternative design standards. Alterative design standards may be considered through a PUD
or cluster development. Individual lots in a PUD or cluster development are not required to
meet the design standards of this section if it can be demonstrated that the overall development
is in compliance with the standards and purpose of this section.
11-15-14: EXEMPTIONS:
A. Purpose. To provide exemptions to structure placement, height and other standards for specific
river or water access dependent facilities as provided in Minnesota Statutes, section 116G.15
Subd. 4.
33
B. Applicability.
1. Uses and activities not specifically exempted must comply with this section. Uses and
activities exempted under shore impact zone and bluff impact zone must comply with the
vegetation management and land alteration standards in Sections 11-15-10 and 11-15-11.
2. Uses and activities in Section 11-15-14 (C) are categorized as:
Exempt — E. This means that the use or activity is allowed;
Exempt if no alternative - (E). This means that the use or activity is allowed only if no
alternatives exist; and
Not exempt - N. This means that a use or activity is not exempt and must meet the
standards of this ordinance.
C. Use and activity exemptions classification.
1. General uses and activities. On the tables below:
SIZ - Shore Impact Zone
BIZ - Bluff Impact Zone
Use or Activity
Set-
Height
SIZ
BIZ
Applicable standards with
backs
Limits
which the use or activity
must comply
Industrial and utility structures requiring
N
E
N
N
Structure design and
greater height for operational reasons (such
placement must minimize
as elevators, refineries and railroad
interference with public
signaling towers)
river corridor views.
Barns, silos, and farm structures
N
E
N
N
Bridges and bridge approach roadways
E
E
E
E
11-15-10
Wireless communication towers
E
E
N
N
11-15-7 (D)
Chimneys, church spires, flag poles, public
N
E
N
N
monuments, and mechanical stacks and
equipment
Historic properties and contributing
E
E
E
E
Exemptions do not apply to
properties in historic districts
additions or site alterations
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2. Public utilities.
Use or Activity
Set
backs
Height
Limits
SIZ
BIZ
Applicable standards with
which the use or activity
must comply
Electrical power facilities
E
E
E
(E)
11-15-10
Essential services (other than storm water
facilities)
E
E
E
(E)
11-15-10
Storm water facilities
E
N
E
E
11-15-12
Wastewater treatment
E
N
E
N
11-15-10
Public transportation facilities
E
N
(E)
(E)
11-15-10
3. Public recreational facilities.
Use or Activity
Set
Height
SIZ
BIZ
Applicable standards with
backs
Limits
which the use or activity
must comply
Accessory structures, such as monuments,
E
E
(E)
(E)
11-15-10; within BIZ, only
flagpoles, light standards, and similar park
on slopes averaging less
features
than 30%. Exemptions do
not apply to principal
structures.
Picnic shelters and other open -sided
E
N
(E)
N
11-15-10
structures
Parking lots
(E)
N
(E)
(E)
11-15-10; within BIZ, only
within 20 feet of toe of
bluff, not on face of bluff,
and must not affect stability
of bluff
Roads and driveways
E
N
E
E
11-15-10
Natural -surfaced trails, access paths, and
E
N
E
E
11-15-10
viewing areas
Hard -surfaced trails and viewing platforms
E
N
E
(E)
11-15-10; within BIZ, only
on slopes averaging less
than 30%
Water access ramps
E
N
E
(E)
11-15-10
Public signs and kiosks for interpretive or
E
N
E
(E)
11-15-10
directional purposes
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4. River -dependent uses.
Use or Activity
Set
backs
Height
Limits
SIZ
BIZ
Applicable standards with
which the use or activity
must comply
Shoreline facilities
E
Ni
E
(E)
11-15-7 (C). Exemptions do
not apply to buildings,
structures, and parking
areas that are not part of a
shoreline facility
Private roads and conveyance structures
E
N1
E
(E)
11-15-7 (C)
serving river -dependent uses
5. Private residential and commercial water access and use facilities.
Use or Activity
Set
Height
SIZ
BIZ
Applicable standards with
backs
Limits
which the use or activity
must comply
Private roads serving 3 or more lots
(E)
N
N
(E)
11-15-9; in BIZ, only on
slopes averaging less than
30%. Exemption does not
apply to private roads
serving fewer 3 lots or to
private driveways and
ng areas
Access paths
E
N
E
E
11-15-9
Water access ramps
E
N
E
N
11-15-9
Stairways, lifts, and landings
E
N
E
E
11-15-9
Water -oriented accessory structures
E
N
E
N
11-15-9
Patios and decks
E
N
N
N
11-15-9 E
Temporary storage of docks, boats, and
E
N
E
N
other equipment during the winter months
Erosion control structures, such as rock
E
N
E
(E)
11-15-12 (C), (E) and (F)
riprap and retaining walls
Flood control structures
E
N
E
(E)
11-15-12
' River -dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is
required for operational reasons.
W
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
The new ordinance closely follows a Model Ordinance developed by the Minnesota
Department of Natural Resources and will preserve and enhance the quality of subdivisions
of land, as well as the development and the use of designated critical areas in the
Mississippi River Corridor Overlay District.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2021.
Myron Bailey, Mayor
Attest:
Joseph Fischbach, City Clerk
Published in the South Washington County Bulletin on
37