11.65 - Shoreland Management
9 11.65
Section 11.65: Shoreland Management
Subdivision 1. Statutory Authorization
This Section is adopted pursuant to the authorization contained in the Laws of
Minnesota 1973, Chapter 379, and in furtherance of the policies declared in
Minnesota Statutes 1976, Chapters 105, 115, 116 and 462.
Subdivision 2. Policy
The Legislature of Minnesota has delegated responsibility to the municipalities of
the State to regulate the subdivision, use and development of the shorelands of
public waters and thus preserve and enhance the quality of surface waters,
preserve the economic and natural environmental values of shorelands, and provide
for the wise utilization of waters and related land resources. The responsibility is
hereby recognized by the City of Golden Valley.
Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings stated:
A. Boathouse: means a structure used solely for the storage of boats or
boating equipment.
B. Building Line: means that line measured across the width of the lot at the
point where the principal structure is placed in accordance with setback
provisions.
C. Clear-cutting: means the removal of an entire stand of trees.
D. Conditional Use: means a use of shorelands which is permitted within a
zoning district only when allowed by the City after a public hearing, if certain
conditions are met which eliminate or minimize the incompatibility of the
conditional use with other permitted uses of the district.
E. Hardship: means the property in question cannot be put to reasonable use
under the conditions allowed by the official controls; the plight of the
landowner is due to circumstances unique to said property, not created by
the landowner; and the variance, if granted, will not alter the essential
character of the locality. Economic considerations alone shall not constitute a
hardship if a reasonable use for the property exists under terms of the official
controls.
F. Ordinary High Water Mark: for lakes means a mark delineating the highest
water level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predqminately aquatic
to predominately terrestrial. "Ordinary High Water Mark" for water courses
means the top of the bank.
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G. Protected Waters: means any waters of the State as defined in Minnesota
Statutes 1980, Section 105.37, Subdivision 14. However, no lake, pond or
flowage of less than ten (10) acres in size and no river or stream having a
total drainage area less than two (2) square miles shall be regulated for the
purpose of these regulations.
H. Setback: means the minimum horizontal distance between a structure or
sanitary facility and the ordinary high water mark or between a structure or
sanitary facility and a road, well, highway, or property lines.
I. Shoreland: means land located within the following distances from protected
waters: 1) one thousand (1,000) feet from the ordinary high water mark of a
lake, pond, or flowage; and 2) three hundred (300) feet from a river or
stream, or the landward extent of a flood plain on such rivers or streams,
whichever is greater. The practical limits of shorelands may be less than the
statutory limits where such limits are designated by natural drainage divides
at lesser distances.
]. Subdivision: means improved or unimproved land or lands which are
divided for the purpose of ready sale or lease, or divided successively within
a five (5) year period for the purpose of sale or lease.
K. Substandard Use: means any use of shorelands existing prior to the
effective date of this Section which is permitted within the applicable zoning
district but does not meet the minimum lot area and length or water
frontage, structure setbacks, or other dimensional standards of this Section.
L. Variance: means any modification or variation of official controls where it is
determined that, because of hardships, strict enforcement of the official
controls is impractical.
M. Riparian: as used herein means land relating or belonging to the bank
and/or shore of a river, stream, creek, lake, pond or other water basin.
Subdivision 4. Designation of Types of Land Use
A. Shoreland Management Classification. In order to guide the wise
development and utilization of shorelands of protected waters for the
preservation of water quality, natural characteristics, economic values and
the general health, safety and welfare, certain protected waters in the City
have been given a shoreland management classification, and the land lying
within prescribed distances of said waters in accordance with the definitions
and terms of this Section shall be the shorelands of the City. The protected
waters of the City, as herein defined, that have heretofore been so classified
by the Commissioner of Natural Resources and which are now deemed to be
the determinants for the management of shorelands in the City are as
follows:
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Natural Environment Lakes
Wirth Lake
Unnamed Basin
DNR 1.0. #
27-37 P
27-36 P
Recreational Development Lakes
Sweeney - Twin Lake
DNR 1.0. #
27-35 P
General Development Streams
Bassett Creek
DNR 1.0. #
27032
B. Shoreland Overlay District. The shorelands of the City, as determined by the
foregoing terms of this Section, are hereby designated as a Shoreland
Overlay District to provide for the wise utilization of shoreland areas in order
to preserve the quality and natural character of these protected waters of the
City.
C. Permitted Uses. The following uses shall be permitted within the Shoreland
Overlay District:
1. All permitted uses as allowed and regulated by the applicable zoning
district underlying the Shoreland Overlay District as the same are
indicated in the zoning provisions of the City.
D. Conditional Uses. The following conditional uses shall be permitted within the
Shoreland Overlay District:
1. All conditional uses according to their applicable attached conditions as
allowed and regulated by the applicable zoning district underlying the
Shoreland Overlay District according to and as heretofore approved under
the zoning provisions and as required by this Section; and,
2. Boathouses.
E. Substandard Uses. Any uses of shorelands in existence prior to the effective
date of this Section which are permitted within the applicable zoning district,
but do not meet the minimum lot area, setbacks or other dimensional
requirements of this Section are hereby deemed to be non-conforming
substandard uses. Substandard uses, including substandard sanitary
facilities, shall be allowed to continue.
Subdivision s. Zoning Provisions
A. Standards. The following standards shall apply to all shorelands of the
protected standard waters listed in this Section. Where the requirements of
the underlying zoning district as set forth in the zoning provisions are more
restrictive than those set forth herein, then the more restrictive standards
shall apply:
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Natural
Environment
Waters
Recreational
Development
Waters
General
Development
Waters
Water frontage
and lot width at
building line (ft.)
125
80
80
Structure
setback from
Ordinary High
Water (ft.)
150
75
50
B. Substandard Lots. Lots of record in the office of the County Recorder (or
Registrar of Titles) prior to the effective date of this Section which do not
meet the requirements of Subparagraph A, above, may be allowed as
building sites provided:
1. Such use is permitted in the zoning district.
2. The lot is in separate ownership from abutting lands, and,
3. All other sanitary and dimensional requirements of this Section are
complied with insofar as practical.
C. Roads and Parking Areas. Roads and parking areas shall be located to retard
the runoff of surface waters and nutrients in accordance with the following
criteria:
1. Where feasible and practical, all roads and parking areas shall meet the
setback requirements established for structures in this Section.
2. In no instance shall these impervious surfaces be placed less than fifty
(50) feet from the ordinary high water mark.
3. Where feasible and practical, natural vegetation or other natural materials
shall be used to screen parking areas when viewed from the water.
D. Elevation of Lowest Floor. Structures shall be placed at an elevation
consistent with the City's flood plain management controls.
E. Exceptions to Structure Setback Requirements.
1. Setback requirements from the ordinary high water mark shall not apply
to boathouses and docks. Location of docks shall be controlled by
applicable State and local regulations. Boathouses may be allowed as a
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conditional use provided they are not used for habitation and do not
contain sanitary facilities.
2. On undeveloped shoreland lots that have two (2) adjacent lots with
existing principal structures on both such adjacent lots, any new
residential structure may be set back the average setback of the adjacent
structures from the ordinary high water mark or fifty (50) feet, whichever
is greater, provided all other provisions of the Shoreland Overlay District
are complied with.
Subdivision 6. Shoreland Alterations
A. Removal of Vegetation. The removal of natural vegetation shall be restricted
to prevent erosion into protected waters, to consume nutrients in the soil,
and to preserve shoreland aesthetics. Removal of natural vegetation in the
Shoreland Overlay District shall be subject to the following provisions:
1. Selective removal of natural vegetation is allowed, provided that sufficient
vegetative cover remains to screen cars, dwellings and other structures
when viewed from the water.
2. Clear cutting of natural vegetation is prohibited.
3. Natural vegetation shall be restored insofar as feasible after any
construction project is completed to retard surface runoff and soil erosion.
4. The provisions of this Subdivision shall not apply to permitted uses which
normally require the removal of natural vegetation.
B. Grading and Filling. Grading and filling in shoreland areas or any alteration of
the natural topography where the slope of the land is toward a protected
water or a watercourse leading to a protected water shall be in accordance
with requirements of and authorized by the Bassett Creek Water
Management Commission.
C. Course and Current of Protected Water. Any work which will change or
diminish the course, current or cross-section of a protected water shall be
approved by the Commissioner of Natural Resources, and such approval shall
be construed to mean the issuance by the Commissioner of Natural Sources
of a permit under the procedures of Minnesota Statutes, Section 105.42 and
other related statutes.
Subdivision 7. Subdivisions
A. Plats. Copies of all plats riparian to protect waters within the Shoreland
Overlay District shall be submitted to the Commissioner of Natural Resources
within ten (10) days of final approval by the City.
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B. Planned Unit Developments (PUDs). Altered zoning standards may be allowed
as exceptions to this Section for PUDs provided preliminary plans for PUDs
riparian to protected waters are reviewed and approved by the Commissioner
of Natural Resources prior to their approval by the City, and further
provided:
1. Open space is preserved through the use of restrictive deed covenants,
public dedications, or other methods.
2. The following factors are carefully evaluated to ensure the increased
density of development is consistent with the resource limitations of the
protected water:
a. Suitability of the site for the proposed use
b. Physical and aesthetic impact of increased density
c. Level of current development
d. Amount and ownership of undeveloped shoreland
e. Levels and types of water surface use and public accesses
f. Possible effects on over-all public use
3. Any commercial, recreational, community, or religious facility allowed as
part of the planned unit development shall conform to all applicable
Federal and State regulations including, but not limited to, the following:
a. Licensing provisions or procedures
b. Waste disposal regulations
c. Water supply regulations
d. Building codes
e. Safety regulations
f. Regulations concerning the appropriation and use of protected waters
as defined in Minnesota Statutes 1974, Chapter 105; and,
g. Applicable requirements of the Minnesota Environmental Quality
Boa rd.
4. Public access is provided in accordance with the City Comprehensive
Parks Plan.
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5. The final plan for a planned unit development riparian to protected waters
shall not be modified, amended, repealed, or otherwise altered unless
reviewed and approved by the Commissioner.
Subdivision 8. Notification Procedures
A. Public Hearings - Amendments, Variances and Conditional Uses. A copy of
the notice of a public hearing to consider an amendment to this Section, a
variance to the provisions of the Shoreland Overlay District for property
riparian to private waters, or a conditional use for property riparian to
protected waters in the Shoreland Overlay District shall be sent to the
Commissioner of Natural Resources such that the notice is received by the
Commissioner at least ten (10) days prior to such hearings.
B. Amendments and Decisions. A copy of all amendments to this Section and
final decisions granting variances or conditional uses for properties riparian to
protected waters within the Shoreland Overlay District shall be sent to the
Commissioner of Natural Resources within ten (10) days of the amendment
or final action.
Source: Ordinance No. 682
Effective Date: 5-30-86
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