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Planning Commission Agenda 03-06-2012 REGULAR MEETING MONTICELLO PLANNING COMMISSION Tuesday, March 6th, 2012 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, William Spartz, and Barry Voight Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman - NAC 1. Call to order. 2. Consideration to approve Planning Commission minutes. a. Regular Meeting of February 21st, 2012 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Continued Public Hearing - Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 3, Section 7 and Chapter 8, Section 4 for the adoption of regulations for the Monticello Shoreland District. Applicant: City of Monticello 6. Public Hearing – Consideration of a request for Rezoning from I-2 (Heavy Industrial) to B-2 (Limited Business) for 100 Chelsea Road. Applicant: Quarry Community Church 7. Community Development Director’s Report 8. Adjourn. CCD ORDINANCE AD HOC COMMITTEE Meets at 4:30 PM in Academy Room at City Hall on March 6th Materials to be provided at the meeting. MINUTES MONTICELLO PLANNING COMMISSION Tuesday, February 21, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Brad Fyle, Charlotte Gabler, Barry Voight, and William Spartz Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC 1. Call to order Rod Dragsten called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes of January 3, 2012 BILL SPARTZ MOVED TO APPROVE THE MINUTES OF JANUARY 3, 2012. MOTION WAS SECONDED BY CHARLOTTE GABLER. MOTION CARRIED 5-0. 3. Citizen Comments None 4. Consideration of adding items to the agenda None 5. Continued Public Hearing - Consideration to adopt the City of Monticello Official Zoning Map The Planning Commission tabled action on this item in January to allow staff the opportunity to research the final zoning action and zoning designation for the old bowling alley property (101 Chelsea Road). Staff confirmed that City Council acted to rezone Lots 1 and 2, Block 1 of Oakwood Industrial Park, the bowling alley parcels, via Ordinance #521 in June 2011. This action was taken outside of the pending sale transaction, due to rezoning action’s consistency with the Comprehensive Land Use Plan. The map reflects the three rezoning actions taken in 2011. These include:  Rezoning from I-1 (Light Industrial) to B-2 (Neighborhood Business) for 101 Chelsea Road – Ordinance #531  Rezoning from I-1 (Light Industrial) to B-4 (Regional Business) for 102 Thomas Park Drive – Ordinance #534  Rezoning from I-1 (Light Industrial) to B-4 (Regional Business) for 9766 Fallon Avenue – Resolution 2011-092, completed with Comprehensive Plan Amendment The Bondhus Tool property, located at 1400 East Broadway, was incorrectly zoned R-2 Planning Commission Minutes – 02/21/12 2 with the 2011 Zoning Ordinance update and map revision. The property is guided industrial and was zoned I-1 on the pre-2011 zoning maps. The public hearing for the rezoning of the Bondhus property is scheduled next on this agenda. The map illustrates the proper zoning as I-1. The public hearing was opened. Hearing no public comments, the public hearing was closed. BILL SPARTZ MOVED TO RECOMMEND ADOPTION OF THE 2012 CITY OF MONTICELLO OFFICIAL ZONING MAP, SUBJECT TO FINAL ZONING ACTION AS TAKEN BY THE MONTICELLO CITY COUNCIL RELATED TO THE BONDHUS TOOL PARCELS (1400 E. BROADWAY). MOTION WAS SECONDED BY BRAD FYLE. MOTION CARRIED 5-0. 6. Public Hearing - Consideration of request for Rezoning from R-1 (Single Family Residential) to I-1 (Light Industrial) for 1400 East Broadway Applicant: City of Monticello The Bondhus Tool property, located at 1400 East Broadway, was incorrectly zoned R-1 (Single-Family Residential) with the 2011 Zoning Ordinance update and map revision. The rezoning of the subject property is intended to correct an error related to the adoption of a new zoning map occurring concurrently with the adoption of the 2011 comprehensive zoning ordinances. The property was zoned I-1 on the pre-2011 zoning maps and was not intended for rezoning action as part of the ordinance update. Chapter 2.4 B (5) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria: a) Whether the proposed amendment corrects an error in the original text or map; or b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. The rezoning is supported under criteria “a” above. The property is guided as “Places to Work” in the 2008 Monticello Comprehensive Plan, and therefore also meets review criteria “c” above. Bondhus Tool Company is currently in operation on the subject parcels. Bondhus Tool is a light manufacturing facility and therefore consistent with the I-1 (Light Industrial) zoning designation. The rezoning represents a return to appropriate zoning based on a review of all available records. Rezoning would occur concurrently with the adoption of 2012 Zoning Map subject to Council approval. Planning Commission Minutes – 02/21/12 3 The public hearing was opened. Rod Dragsten asked the property owner why the smallest parcel hadn’t been combined with the rest of property. Property owner Mary K. Bondhus shared her understanding of the history of that smallest parcel. It had been included in the purchase agreement but either hadn’t been signed off on or transferred in the same way as the other properties prior to Stuart Hoglund’s death. She noted that it has a tax value of $15 and that it would not be cost-effective to pay an attorney to handle that administrative change. Angela Schumann indicated that it would be possible to combine properties administratively if the property owner chose to do so. Hearing no other public comment, the public hearing was closed. BILL SPARTZ MOVED TO APPROVE RESOLUTION 2012-017, RECOMMENDING APPROVAL OF ORDINANCE #544 REZONING FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO I-1 (LIGHT INDUSTRIAL) FOR THE PROPERTY LOCATED AT 1400 EAST BROADWAY. MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5-0. 7. Public Hearing - Consideration of a request to amend Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapter 4.5, Signs In February of 2011, Monticello adopted an interim ordinance allowing for the expansion in usage of temporary signage. The interim ordinance was adopted to allow an opportunity to analyze the temporary sign issue over a finite period and determine the impacts of the interim regulation. The interim ordinance expired on January 1, 2012. The Commission was asked to review all available data compiled during the interim ordinance period and make a recommendation for further action. The two primary issues with temporary signage continue to be how to handle equity among businesses and how many days is reasonable for temporary signage. Staff summarized the comparison in flexibility allowed under the interim ordinance. Code Requirement Existing Ordinance Interim Ordinance Signs Allowed Per parcel Per business, sign must be located on parcel on which business in located Number of Signs per Location 1 1 sign every 75 linear feet of ROW, 1 sign per business Number of Days (Annual) 40 Unlimited Permit Required Yes Yes Planning Commission Minutes – 02/21/12 4 Three primary measures were used to evaluate the interim ordinance: permit data, street corridor images, and survey data. 1. Permit data- During the period of the interim ordinance, 26 temporary sign permits were issued. This permit-to-business ratio suggests that a majority of businesses do not utilize temporary signage. 2. Street corridor images- Based on images taken by building inspectors, the primary issues are related to the permitting, type, and/or location of signage versus the actual number of signs. 3. Survey of temporary sign permit holders-Of the 26 business permit holders, the City received 15 survey responses, a 57% response rate.  The majority of survey respondents indicated that they were aware of the interim ordinance.  The majority (79+%) used under 60 total days of signage.  The majority of respondents also utilized other forms of temporary signage.  The respondents were split fairly evenly between multi-tenant (46%) and single pad (54%) businesses. Alternative 1: Extend the interim ordinance for one additional year Staff met with business representatives in January to gather feedback on the outcomes of the interim ordinance and recommendation for permanent amendments. The group supported the number, size, spacing, and allowance per business provisions of the interim ordinance. The group also suggested adding language requiring that sign owners keep the signs in good repair. The group agreed that a streamlined code which groups both portable temporary signs and attention getting devices together as “temporary signs” was best for clarity and ease of regulation. The group recommended that the City add the provision for maintenance to the existing interim ordinance and extend the interim ordinance for one additional year. In that time, the City could continue to evaluate the impact of unlimited says of use, complete additional study on the visual preference of the entire community, and examine alternatives for a tiered approach. Alternative 2: Amend the temporary sign ordinance with suggested modifications Alternative 2 is a set of amendments reflecting a blending of the recommendations of staff (which are based on the data collected) and the business community which could be adopted with provisions as follows. (1) For property in a Business District or an Industrial District (see table 3-1), the use of commercial temporary sign devices shall not exceed forty (40) ninety (90) days per calendar year per building business. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) forty (40) square feet. Planning Commission Minutes – 02/21/12 5 (2) One (1) temporary sign shall be allowed every seventy-five (75) lineal feet of street frontage, on not more than two (2) public streets, and shall be located on the parcel for which the permit has been issued. Temporary signs must be located on private property by permission of the owner and may not be located on any public easement or right-of-way. (3) Temporary signs must be constructed of materials consistent with temporary signs (portable) such as aluminum, acrylic, plexiglas, lexan, polycarbonate, or other comparable materials and may not be constructed of plywood, chipboard, unfinished materials, or other similar materials. In the case of banners, weather- resistant plastic or poly materials shall be required. All temporary signage must be kept in good repair and may not constitute a nuisance as defined by Title 7, Chapter 1 of City Code. (4) In cases where properties forego, in writing, temporary signage allowed by Section 4.5(I)(1) above, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign may be incorporated into a property’s freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. (5) Government buildings and structures, public and quasi-public buildings, public parks and recreation areas, public educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions shall be allowed temporary signage in accordance with the provisions (1) through (6) of this ordinance. (6) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to forty (40) days to be utilized within six (6) months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of Sections 4.5(I)(2). This issue will move forward for City Council consideration on March 12th. A letter would be sent to the business community outlining the recommended ordinance and enforcement policy. Bill Spartz asked about the penalty for signs placed in inappropriate locations. Staff noted that the signs would be removed and the business would be contacted. Building Department will conduct a weekly spring sweep in an effort to hold businesses more accountable for temporary signage. Rod Dragsten pointed out that some people doesn’t understand where the right of way is located and suggested that the City indicate road width and road right-of-way on maps to be distributed to permit holders. Planning Commission Minutes – 02/21/12 6 Staff noted that property owners in the CCD who have not been applying for permits when putting up temporary signage should be subject to enforcement. Brad Fyle recommended extending the interim ordinance for one more year. Barry Voight expressed frustration with the number of permits issued during the interim ordinance as well as the lack of survey results and suggested that the City put the issue to rest. He said the City was led to believe that temporary sign ordinances made it difficult to run a business in town but that Monticello’s ordinance is in line with how this issue is handled in surrounding communities. He noted that enforcement is key but stated that businesses have to be held accountable too. He specifically asked staff if provision number 6 in Exhibit I, which deals with additional signage related to grand openings, needed to be amended. Staff indicated that it should be broadened to include both provisions 1 and 4. Rod Dragsten said that he thought the business community monitored themselves well but would prefer to see no limit on the number of days for temporary signage and extend the ordinance for one more year. Bill Spartz said that 90 days is sufficient and would like to put the matter to rest. Charlotte Gabler said a number of days would be needed for enforcement and agrees with the 90 days. Ron Hackenmueller clarified that the total number of temporary signs for the year may have been closer to 40 for both 2011 and 2010 but that 26 is the number of temporary signs during the interim ordinance. Lloyd Hilgart asked how many temporary sign users did not have a permit. Staff estimated there may have been 8-10 that were then asked to obtain a permit. Angela Schumann stated that regulating the number of days for temporary signs does matter in terms of community aesthetics. There was further discussion about having to track the number of days and the potential consequences of unlimited days. The public hearing was opened. Angela Schumann noted that the City had received a letter from River City Signs owner Pat Sawatzke in support of Alternative 2, Motion 1. Hearing no further public comment, the public hearing was closed. BILL SPARTZ MOVED TO RECOMMEND APPROVAL OF ORDINANCE AMENDMENT #547, AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, MONTICELLO ZONING ORDINANCE, CHAPTER Planning Commission Minutes – 02/21/12 7 4.5, SIGNS, AS RECOMMENDED VIA ALTERNATIVE 2 ABOVE AND BASED ON THE FINDINGS OF FACT AS STATED BELOW AND BROADENING NUMBER 6 IN EXHIBIT I TO INCLUDE PROVISIONS 1 & 4. MOTION WAS SECONDED BY ROD DRAGSTEN. MOTION CARRIED 3-2 WITH BRAD FYLE AND BARRY VOIGHT VOTING IN OPPOSITION. FINDINGS OF FACT  The amendment is consistent with the City’s purpose in regulating the number, size, type and other physical characteristics of signs in order to promote the public health, safety and welfare.  The amendment language proposed addresses the primary concerns noted by the interim ordinance data, including the need for valid permits, the desire for well-maintained and attractive temporary signage, and the continued prohibition of off-premise signage.  An amendment providing an allowance for additional days is justified by the permit holder survey data, and can allow flexibility for business owners in their sign device choice.  Regulating temporary signage as described within the proposed amendment preserves and maintains the scenic and aesthetic environment of the community, and protects and promotes the quality of life of the City’s residents.  Regulation of temporary signage is necessary for the safety of local and visiting motorists and pedestrians and to reduce the distracting influence of uncontrolled signage. 8. Public Hearing – Consideration to amend Monticello Zoning Ordinance, Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello and Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District. Applicant: City of Monticello As part of the 2010/2011 comprehensive Zoning Ordinance amendment process, the City began revising existing Mississippi Wild, Scenic & Recreational regulations and the drafting of new Shoreland ordinances. For the past year, staff has been working with the City’s regional Department of Natural Resources (DNR) representative, Roger Stradal, to develop a better understanding of existing template ordinances and the process for revision and adoption of new ordinances. State regulations require that the DNR review and certify the Shoreland and Wild & Scenic provisions of the Zoning Ordinance. Mr. Stradal has aided the City in developing the ordinances consistent with statutes. The City has incorporated all final comments from the DNR on the Mississippi Wild, Planning Commission Minutes – 02/21/12 8 Scenic & Recreational ordinance. Staff plan to incorporate the DNR’s final comments on the Shoreland ordinance and bring the revised ordinance forward for Planning Commission review in March. The ordinances will become overlay districts to the base zoning districts and act as a second layer of regulation for properties lying within the boundaries of the overlay districts. The City is responsible for enforcing these ordinances for any development within that overlay district and rely on the DNR for secondary assistance when needed. The City has actually needed to enforce the ordinance within the past year. As Monticello’s portion of the Mississippi River has been defined by the State as “Recreational”, the City is required to adopt local regulations consistent with standards for “Recreational” river areas. Specifically, the draft Mississippi Wild & Scenic ordinance outlines:  Allowable uses via City’s use table (Chapter 5), in accordance with MN Rules  Minimum standards for lots, including area and setbacks o Commission will note that the lot area and setback are generally consistent with the ranges provided for the R-A and R-1 districts, with larger area requirements for riparian lots and larger setback requirements at the shoreline. o Both sewered and unsewered provisions are included, as there may be cases in which recently annexed properties with private systems require development require under these regulations.  Maximum impervious surface requirements  Additional performance standards for density, structure placement and stormwater management  Limitations for clear-cutting and grading within the overlay district o This City receives assistance in the administration and enforcement of these regulations from the Wright County Soil & Water District and the local DNR Conservation Officer.  Process for development and agency action Staff recommended that the Planning Commission review the Mississippi Wild, Scenic & Recreational ordinances and then continue the hearing to March for review of the proposed Shoreland Ordinances. Once the Planning Commission recommends approval of these ordinances they would go forward to City Council. Council would take action to repeal the existing Chapter 27 in the zoning code and adopt these new sections in its place. Charlotte Gabler asked if planning for the future bridge crossing would be affected by these ordinances. Angela Schumann noted that the bridge crossing project would have its own environmental review process but that any development that occurs outside the scope of that project in that area would be affected. Planning Commission Minutes – 02/21/12 9 Brad Fyle expressed his concern that the city should not approve anything that is not required. Angela Schumann said that the City has tried to adopt a model ordinance that follows the base State statutes. She noted that any issues related to pathways or roads would follow a different approval process and that the DNR is consulted when pathways are proposed. She noted that staff also considers provisions of the Wild and Scenic requirements as part of an environmental project memo in applying for grants for paths and trails. The public hearing was opened. DNR representative Roger Stradel agreed that roads are typically already in place in these areas and that the DNR is generally supportive of pathways as long as they meet requirements. Rod Dragsten asked for clarification about the requirements for screening a structure on property on the river. He asked if a property owner who lived on the river would not be allowed to have a view of the river from the home. Roger Stradel summarized that there are specific requirements. Property ow ners are allowed to remove brush and buckthorn and to trim trees. He described the importance of trees in maintaining the shoreline and noted that there must be a constant canopy and that trees larger than 4 inches in diameter must not be removed. Angela Schumann stated that provisions are designed to give the City the flexibility to look at what is vegetation in place, what is being constructed, and what is appropriate vegetative screening. As an example, a property owner cleared brush along the shoreline and worked with Wright County to re-establish native vegetation. The restoration improved the view of the river and kept the property from eroding. Hearing no further public comment, the public hearing was closed. BARRY VOIGHT MOVED TO CONTINUE THE PUBLIC HEARING TO MARCH 6TH, 2012, FOR THE PURPOSE OF REVIEWING THE SHORELAND OVERLAY DISTRICT REGULATIONS AND CHAPTER 8, DEFINITIONS. MOTIONWAS SECONDED BY BILL SPA RTZ . MOTION CARRIED 5-0. 9. Public Hearing – Consideration of a request for Amendment to the Monticello Zoning Ordinance, Chapter 2, Section 4(P) for Specific Review Requirements and Procedures for Planned Unit Development. Applicant: City of Monticello Steve Grittman provided documentation related to a series of proposed amendments to the City’s Planned Unit Development ordinance. The amendments proposed are a result of feedback provided at the joint session Planning Commission and City Council Planning Commission Minutes – 02/21/12 10 workshop held in October of 2011 as well as staff recommendations. Most of the proposed changes are clerical or intended to clarify existing language and the general form of the ordinance is left intact. The ordinance continues to allow Planned Unit Development by zoning district only and retains the collaborative process. Another change includes clarifications to processing and submission requirements, and specifies that upon final approval of a PUD project, the applicant shall record a plat and the City shall adopt a rezoning ordinance creating a new zoning district applying to the specific parcel(s) in question, and changing the zoning map to this new district. Steve Grittman briefly outlined specific proposed changes to the ordinance:  Deleted conditional clause from the purpose statement so that the city has authority to deny a PUD  Deleted language related to base zoning district  Recommended addition of a referencing requirement  Deleted the minimum threshold size for the PUD  Clarified multiple party ownership  Removed planning objectives from ordinance language  Refocused language relating to development footprint and ecological-based approach  Broadened applicability of section from unit counts to intensity  Deleted incentive related to street size as a bonus for developers  Required developer to submit a calculation for net developable land  Specified option of submitting Concept Plan and Development Plan concurrently  Required identification of specific densities as part of Concept Plan submittal  Specified Planning Commission review and public hearing of application  Specified timing requirements for Council action on a concept plan  Clarified the distinction between the process of plat action and zoning action  Specified effective date clause for ordinance  Specified three levels of amendment  Added language about PUD cancellation process The public hearing was opened. Hearing no public comment, the public hearing was closed. Angela Schumann suggested adding back language that had been included in the editorial comments but inadvertently left out of Section 3, Specific PUD Preliminary Plat Submittals. Specific documents required to be included are: building design and materials, landscaping detail screening, fencing, grading, streets utilities, signage, and lighting. BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012-019 RECOMMENDING APPROVAL OF ORDINANCE #546 FOR THE PLANNED UNIT DEVELOPMENT ZONING ORDINANCE AMENDMENT AND INCLUDING LANGUAGE ADDED TO SECTION 3, SPECIFIC PUD PRELIMINARY PLAT Planning Commission Minutes – 02/21/12 11 SUBMITTALS, REQUIRING DOCUMENTS RELATED TO BUILDING DESIGN AND MATERIALS, LANDSCAPING DETAIL SCREENING, FENCING, GRADING, STREETS UTIILTIES, SIGNAGE AND LIGHTING. MOTION WAS SECONDED BY BRAD FYLE. MOTION CARRIED 5-0. This item will go before the City Council at the second meeting in March. 10. Community Development Director’s Report Upcoming Special Meeting-Staff reported that there is a Joint City Council/EDA/Planning Commission special meeting scheduled for 5:15 PM on February 27th to provide an Embracing Downtown Monticello process update. There was some question about a revised meeting time of 5:30 PM. Staff agreed to confirm that with the Commission. CCD Ordinance Rewrite-The ad hoc task force assigned to direct the CCD rewrite met with Planner Grittman February 10th to determine how to write the ordinance standards. Charlotte Gabler and Bill Spartz were in attendance. Two workshops were scheduled to provide for further input in preparing a draft ordinance. The first workshop, scheduled for 4:30 PM on March 6th, will cover permitted and conditional uses to be included within the CCD. The second workshop, tentatively scheduled for March 20th at 4:30 PM, will cover other code performance standards. A final draft of the CCD ordinance is expected to come before the Commission in April or May. Development Survey-The City received 5 responses out of the 18 development surveys emailed. Overall the results were favorable, although the clarity of application materials may need to be reviewed and improved. Growth Projections-Steve Grittman is preparing a project scope and estimate for updating the growth projections to be forwarded to the Planning Commission in March. Ford Project-The City has not received a development stage application. Housing Statistics-Staff noted that information about current real estate trends was included in the agenda packets. Land Use-Related Legislation-A summary of recent land-use related legislation making its way through this year’s legislative session was also included in the packet. 11. Adjourn BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 7:46 PM. MOTION WAS SECONDED BY BARRY VOIGHT. MOTION CARRIED 5-0. Recorder: Kerry T. Burri __ Approved: March 6, 2012 Attest: ___________________________________________ Angela Schumann, Community Development Director Planning Commission Agenda- 03/06/12 1 5. Continued Public Hearing – Consideration to amend Monticello Zoning Ordinance, Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello and Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District. (AS) A. REREENCE & BACKGROUND As part of the 2010/2011 comprehensive Zoning Ordinance amendment process, which was undertaken specifically to support the adopted 2008 Comprehensive Plan, the City commenced the revision of existing Mississippi Wild, Scenic & Recreational regulations and the drafting of new Shoreland ordinances. The ordinances become overlay districts to the base zoning districts and act as a second layer of regulation for properties lying within the boundaries of the overlay districts. The boundaries of the districts are set by State statute. State regulations also require that the Department of Natural Resources review and certify the Shoreland and Wild & Scenic provisions of the Zoning Ordinance. This is due to the relationship of the City codes to State statute. The ordinances presented to the Commission are intended to meet both the state’s requirements for both Shoreland and Mississippi Wild & Scenic management, but also further the City’s development goals as outlined in the Monticello Comprehensive Plan. Early in the revision and drafting process, staff met with the City’s regional DNR representative, Roger Stradal, to develop a better understanding of existing template ordinances and the process for revision and adoption of new ordinances. Mr. Stradal has aided the City in developing the ordinances consistent with statutes. At this time, the City has received final comment from the DNR on both the Mississippi Wild, Scenic & Recreational ordinance and the Shoreland ordinances. The ordinances presented for Planning Commission recommendation incorporates any and all comments as recommended by the Department of Natural Resources. During the February 21st, 2012 meeting, the Planning Commission reviewed the Mississippi Wild, Scenic and Recreational River District ordinance. Staff has provided the ordinance with this packet for additional review and question, as well as the summary from the previous staff report below. Mississippi Wild, Scenic & Recreational River (MWSRR) District – Overview The current ordinance for the MWSRR, Chapter 27 of the Zoning Ordinance, is a combination of regulations pertaining to both the Wild & Scenic provisions and Shoreland areas. The proposed ordinances now separate the two areas as required by statute and DNR recommendations. Minnesota rules also require that Monticello enact or amend such ordinances and maps for the Mississippi Wild & Scenic area as necessary to: A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950 and the land use district property descriptions; B. adopt the general development standards for land within the recreational river land use districts in accordance with the provisions of parts 6120.2600 to 6120.3900, as applicable, except that marinas shall not be allowed; and C. conform to the provisions and administrative procedures of parts 6105.0010 to 6105.0070; and 6105.0150 to 6105.0250. Monticello’s portion of the Mississippi River has been defined by the State as “Recreational”. The City is then required to adopt local regulations consistent with standards for “Recreational” river areas. Specifically, the draft Mississippi Wild & Scenic ordinance outlines:  Allowable uses via City’s use table (Chapter 5), in accordance with MN Rules  Minimum standards for lots, including area and setbacks o Commission will note that the lot area and setback are generally consistent with the ranges provided for the R-A and R-1 districts, with larger area requirements for riparian lots and larger setback requirements at the shoreline. o Both sewered and unsewered provisions are included, as there may be cases in which recently annexed properties with private systems require development require under these regulations.  Maximum impervious surface requirements  Additional performance standards for density, structure placement and stormwater management  Limitations for clear-cutting and grading within the overlay district o This City receives assistance in the administration and enforcement of these regulations from the Wright County Soil & Water District and the local DNR Conservation Officer.  Process for development and agency action The ordinances provide the City with a set of regulations for governing development within the boundary of the MWS area and meet the statutory requirements outlined. Shoreland District - Overview As noted above, Chapter 27 of the Zoning Ordinance is currently a combination of regulations pertaining to both the Wild & Scenic provisions and Shoreland areas. The proposed ordinances now separate the two areas as required by statute and DNR recommendations. Specifically related to the Shoreland ordinance, State statutes require that local governmental units adopt their own land use controls to provide for the orderly development and protection of Minnesota's rivers and lakes. The ordinance was developed recognizing that Minnesota DNR statewide minimum shoreland standards apply to all lakes greater than 25 acres, 10 acres in municipalities, and rivers with a drainage area two square miles or greater. The standards, set by both statute and rule apply to the use and development of shoreland within 1,000 feet of a lake and 300 feet of a river and its designated floodplain. The Mississippi River is essentially governed by the MWSRR ordinances, while any “public waters” as classified by the DNR will be governed primarily by the Shoreland ordinances. Currently, the City of Monticello municipal boundary area includes only one defined “public water” in addition to the Mississippi. That is the wetland located between the Groveland neighborhood and Trunk Highway 25. In summary, the proposed Shoreland ordinance includes the following:  Procedure for permitting and review in shoreland areas o Planned Unit Developments are subject to the review and comment of the DNR  Shoreland classifications, both lake and river/streams o Classifications are completed by the DNR  Allowable uses via City’s use table (Chapter 5), in accordance with MN Rules o It should be noted that commercial and industrial uses are allowed as either conditional or permitted uses in “General Use” districts. Staff is seeking confirmation from the DNR on whether the City’s specific zoning district classifications should be enumerated within the code (B, I and CCD districts, for example). Staff is also seeking clarification on minimum lot standards for such uses. (The only reference to standards for such uses is in section 3.7(F)(e) and only references setback requirements.  Minimum standards for lots, including area and setbacks o Commission will note that the lot area is generally consistent with the ranges provided for the R-A and R-1 districts, with larger area requirements and setback requirements for sewered lakeshore properties within the shoreland district and larger lot area and width requirements for unsewered non-lakeshore properties. o Both sewered and unsewered provisions are included, as there may be cases in which recently annexed properties with private systems require development require under these regulations.  Regulations for shoreland alterations, including grading  Standards for public infrastructure o This provision was referenced in the February 21st meeting. The standards provide flexibility for the City to site such facilities with appropriate attention to mitigation measures and prevention of erosion.  Stormwater management o Currently, the ordinance sets a maximum impervious surface requirement of 25%. Staff has questioned this baseline for possible increase. Definitions – Overview The definitions section of the ordinance has been included in its entirety, including proposed amendments. The Commission will note that there are a small number of new definitions that have been added pertaining to MWSRR and Shoreland provisions. In addition, minor revisions have been made to certain terms throughout the section as noted. Corresponding Zoning Map Amendments – Overview With the adoption of the Mississippi Wild, Scenic & Recreational River and Shoreland Overlay Districts, the City is required to include the boundaries of the districts on its Official Zoning Map. With the adoption of the new ordinance in January of 2011, the City incorporated the statutorily defined boundaries for the Mississippi Wild & Scenic districts on the Official Zoning Map. In addition, Item 5 of this agenda further includes the definition of the Shoreland boundary. This boundary is set by statute and will not change with any comment on the ordinances themselves. By adopting the Official Zoning Map with Item 5, the City will be acting to adopt the official mapping for both districts, as required. The City will include the official mapping of public water 86-393W (Groveland wetland) with an upcoming amendment to the zoning map. B. ALTERNATIVE ACTIONS 1. Motion to adopt resolution 2012-022, recommending approval of Ordinance #545, for adoption of Title 10, Chapter 3, Section 7 (E), Mississippi Wild, Scenic, and Recreational River System, Chapter 3, Section 7 (F), Shoreland District and amendments to Chapter 8, Section 4, Definitions, and the repeal of Monticello Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello. 2. Motion to table action on the amendment to April 6th, 2012, to allow for additional review and clarification. C. STAFF RECOMMENDATION Staff recommends approval of the Mississippi Wild, Scenic & Recreational River District and Shoreland standards as drafted, subject to clarification on two primary standards:  3.7(F)(d)(ii): Maximum impervious surface requirement of 25%. Staff has questioned this baseline for possible increase.  3.7(f)(e)((i)(2): Required lot area and width for commercial and industrial uses requires clarification. The ordinances presented are based in large part on the required statutes and rules of the State of Minnesota for public waters. Staff’s recommendation is based on findings contained in the supporting resolution, 2012-022. D. SUPPORTING DATA Exhibit A: Resolution 2012-022 Exhibit B: Ordinance #545 Exhibit C: Text: Draft Monticello Zoning Ordinance Chapter 3.7(F) – Mississippi Wild, Scenic & Recreational River District Exhibit D: Text: Draft Monticello Zoning Ordinance Chapter 3.7(E) – Shoreland District Exhibit E: Classified Shoreland Areas within 1 mile of City Boundary Exhibit F: Text: Draft Monticello Zoning Ordinance Chapter 8.4(f) - Definitions Exhibit G: Monticello Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello Exhibit H: 2012 City of Monticello Zoning Map Exhibit I: Mississippi Wild & Scenic Regulations – State References Minnesota Rules: 6105.0110 Zoning Dimensions 6105.0100 Use Within Land Use Districts  http://www.dnr.state.mn.us/waters/watermgmt_section/wild_scenic/w srivers/mississippi_rules.html Exhibit J: Shoreland Regulations – State References 6120.3200 DNR Shoreland Management Guide, online resource  http://www.dnr.state.mn.us/waters/watermgmt_section/shoreland/inde x.html  http://www.dnr.state.mn.us/permits/water/answers.html#dock CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2012 –022 Date: March 6th, 2012 Resolution No. 2012-022 Motion By: _____________________ Seconded By: ________________________ A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 10, MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 7 FOR THE ADOPTION OF OVERLAY ORDINANCES REGULATING THE MISSISSIPPI WILD, SCENIC & RECREATIONAL RIVER DISTRICT AND THE SHORELAND DISTRICT, AND CHAPTER 8, DEFINITIONS, AND RECOMMENDING THE REPEAL OF CHAPTER 27 REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS OF THE CITY OF MONTICELLO. WHEREAS, the City of Monticello has requested an Amendment to City Code Title 10, Monticello Zoning Ordinance, Chapter 3, Section 7 for the adoption of overlay ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District, and Chapter 8, Definitions; and WHEREAS, the Planning Commission held a public hearing on February 21st, and March 6th, 2012 on the request and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval:  The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters.  The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources.  The Shoreland District ordinance provides for the orderly development of the shoreland and protects lakes and rivers from pollution by individual sewage treatment systems and other non-point sources.  The Shoreland District ordinance encourages development of shorelands to enhance water quality and preserve scenic resources.  In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the City of Monticello has been given a recreational river classification, and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan.  The purpose of the Mississippi Wild, Scenic & Recreational River District is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act  The Mississippi Wild, Scenic & Recreational River District ordinance will serve to prevent damage to these exceptional rivers caused by intensive development and recreational overuse. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: 1. Pursuant to Minn. Stat. §462.357, the application for Amendment to Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District, and Chapter 8, Section 4, Definitions is hereby recommended to the City Council for approval. ADOPTED this 6th day of March, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Rod Dragsten, Chair ATTEST: _____________________________________ Angela Schumann, Community Development Director EXHIBIT A Legal to be provided by property owner. ORDINANCE NO. 545 Page 1 of 41 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 – MONTICELLO ZONING ORDINANCE OF THE MONTICELLO CITY CODE SECTION 3.7 – ADDING NEW OVERLAY ZONING REGU LATIONS FOR THE SHORELAND DISTRICT AND THE MISSISSIPPI WILD, SCENIC AND RECREATIONAL RIVER DISTRICT THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Table 3-14: CCD Development Standards is hereby amended as follows: TABLE 3-14: CCD DEVELOPMENT STANDARDS [1] The contents of the rows entitled “All uses,” “Accessory Structures,” and “Additional Regulations” are hereby restated and incorporated herein unchanged Other Regulations to Consult (not all inclusive)  Section 3.3, Common District Requirements  Section 3.5(B), Standards Applicable to All Business Base Zoning Districts  Section 3.7(I)(J), CCD Residential Overlay District  Section 4.1, Landscaping and Screening Standards  Section 4.5, Signs  Section 4.8, Off-Street Parking  Section 4.9, Off-Street Loading  Section 4.11, Building Materials  Section 5.2(C)(2)(d), Multi-family Residential Regulations Section 2. Section 3.7 – Overlay Zoning Districts, Title 10 - Zoning Ordinance is hereby amended as follows: Section 3.7, subsections (A) through (C) are hereby restated and incorporated herein unchanged. Section 3.7(D), subsections (1), (2) and (3) are hereby restated and incorporated herein unchanged. Section 3.7(D)(4) and its subsection (a) are hereby restated and incorporated herein unchanged. (b) The lowest ground floor elevation of a structure shall be two (2) feet above the 100-Year flood elevation or three (3) feet above the Ordinary High Water Mark of public waters regulated by Section 3.7(E) and Section 3.7(F) of this ordinance, whichever is greater. ORDINANCE NO. 545 Page 2 of 41 Section 3.7(D)(4), subsections (c) through (g) are hereby restated and incorporated herein unchanged. Section 3.7(D)(5) through 3.7(D)(9) are hereby restated and incorporated herein unchanged. (E) Shoreland and Wild & Scenic District RESERVED [NOTE: Zoning code Chapter 27 in effect prior to adoption of this chapter shall continue to be in effect until new language is approved for inclusion in this code by the Department of Natural Resources] (E) Wild and Scenic Recreational River District (1) Purpose The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act (Minn. Stats. § 103F.301 et seq.) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to 6105.0250; and as applicable, the provision of 6120.2600 to 6120.3900. (2) Designation of District In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the city has been given a recreational river classification, and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan, Minn. Rules 6105.0800--6105.0960. The provisions of Section 3.7(E) shall apply to all lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the Wild and Scenic Recreational River overlay district. In case of conflict between the map and the property descriptions and boundaries in Minn. Rules 6105.0910 and 6105.0950, the latter shall prevail. (3) District Application The regulations and requirements imposed by the WSRR overlay district shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the more restrictive requirements shall apply. Any person contemplating development in the WSRR overlay district should review the base district requirements with the Community Development Department to determine which regulations will apply. ORDINANCE NO. 545 Page 3 of 41 (4) Substandard Lots Any lot of record filed in the office of the county recorder on or before July 1, 2000, which does not meet the dimensional requirements of this chapter may be allowed as a building site subject to the following: (a) Such use is permitted in the land use district. (b) The lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived. (c) All sewage disposal requirements are complied with and lot requirements are complied with to the greatest extent practical. (d) The lot is at least 10,000 square feet in area. (e) If in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the lot width requirements of the local regulation, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of the local regulation, or to the greatest extent practical. (5) Substandard Uses Any uses in existence on a lot of record filed in the office of the county recorder on or before July 1, 2000, which are permitted uses in accordance with Chapter 5, but do not meet minimum setbacks or other dimensional requirements of the ordinance are to be considered as substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: (a) Any structural alteration or addition to a substandard use which will increase the substandard dimension(s) shall not be allowed. (b) Substandard signs shall be gradually amortized over a period of time not to exceed five years once amortization has been initiated by the City. (6) Allowable Uses The allowable uses in the WSRR overlay district shall be as allowed in Chapter 5 for the underlying zoning classification provided the uses are in conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3100 and 6120.3200, and with the criteria for Recreational Rivers in 6105.0100 subpart 3. ORDINANCE NO. 545 Page 4 of 41 (7) Conditional Uses (a) Conditional uses allowable within the WSRR overlay district shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within WSRR overlay district shall be reviewed under the provisions outlined in Section 2.4(E). (b) Any structure(s) associated with a conditional use which are proposed to be located upon slopes greater than 12 percent shall adhere to the following conditions: (i) The structure shall be screened from view of the river and adjacent shorelands in a manner judged acceptable by the city. (ii) An adequate conforming sanitary sewer and water system can be established on the site. (iii) Appropriate erosion control measures are undertaken as determined necessary by the city. (iv) If applicable, vegetative and/or clear-cutting permits are obtained for the proposed use in accordance with City ordinance. (8) Recreational river land use subdistricts – standards, lot dimensions, setbacks, and impervious surface requirements (a) Areas covered The following areas of the city are covered by this division: all areas of the wild and scenic recreational river district within the city. (b) Standards for lots Lots within the WSRR overlay district shall conform to the standards in Table 3-19. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. TABLE 3-19: WILD & SCENIC LOT REQUIREMENTS RIVER TYPE Lot Size Lot Width [1] Wild 6 acres 300 feet Scenic 4 acres 250 feet Recreational 2 acres 200 feet [1]: Lot width shall be met at both the OHW and at the required setback from the OHW in accordance with Section8.2(B)(1)(i). ORDINANCE NO. 545 Page 5 of 41 (c) Standards for principal structures Principal structures within the WSRR overlay district shall conform to the standards in Table 3-20. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. TABLE 3-20: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from all roads when a lot is bounded by two or more roadways) - Arterial Road 70 feet - Collector Road 70 feet - Local Road 30 feet - Landlocked Parcel 30 feet Unsewered Sewered Side yard setbacks 30 feet 30 feet Rear yard setbacks 50 feet 30 feet Setback from the OHW of the Mississippi River 100 feet 150 feet Setback from a bluff line 75 feet 75 feet Sewer setback from the OWH 75 feet 75 feet (d) Accessory structure setbacks Accessory structures within the WSRR overlay district shall conform to the standards in Table 3-21. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. TABLE 3-21: WILD & SCENIC ACCESSORY STRUCTURE SETBACKS Unsewered Sewered Setback from the OHW of the Mississippi River 75 feet 50 feet Setback from a bluff line 30 feet 30 feet (e) Impervious surface requirements (i) Impervious surfaces on lots within the WSRR overlay district shall adhere to the following standards: 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for storm water management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts. ORDINANCE NO. 545 Page 6 of 41 3. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (ii) The provisions of subdivision (i) above may be varied without a variance if all of the following criteria and standards are met: 1. All structures and impervious surfaces are located on slopes less than 12 percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation. 2. The site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and sedimentation problems consistent with Protecting Water Quality in Urban Areas: Best Management Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the state law library and not subject to frequent change. 3. A site development, maintenance, and inspection plan incorporating the comprehensive practices of this section is submitted and approved by the city prior to the issuance of an impervious surfacing permit and the plan is implemented. 4. The city may impose additional conditions determined necessary to protect the public health, safety, and welfare. (9) Building Height The following minimum requirements shall be observed in the WSRR overlay district: (a) The maximum height of principal structures shall not exceed 25 feet. (b) The maximum height of accessory structures shall not exceed 25 feet. (10) Additional structure and use standards (a) Placement of structures Structures shall not be located on slopes greater than 12 percent except by conditional use permit as provided for in subsection 3.7(E)(7). (b) Maximum density The maximum density in the WSRR overlay district shall not exceed one dwelling unit per lot with the exception of approved accessory dwelling units. (c) Multiple unit dwelling structures Multiple family dwelling units shall meet the following additional standards: (i) Each building must be set back at least 200 feet from the ordinary high water level; ORDINANCE NO. 545 Page 7 of 41 (ii) Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; and (iii) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building (i.e. only one docking facility per lot). (d) Stormwater management Subject to other more restrictive limitations which may be imposed by this ordinance, the following general and specific standards shall apply: (i) General standards 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (ii) Specific Standards 1. When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 2. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, and Forestry (i) Standards for commercial, industrial, public, and semipublic uses 1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs for access to and use of public waters may be located on parcels or lots with frontage on public waters. Subject to other more restrictive limitations which may be imposed by this chapter, those uses with water-oriented needs shall meet the ORDINANCE NO. 545 Page 8 of 41 following standards: a. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures; b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters; and iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (ii) Agriculture use standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are ORDINANCE NO. 545 Page 9 of 41 maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the natural resources conservation service, as provided by a qualified individual or agency. a. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. b. The bluff impact zone is equal to the bluff and land located within 20 feet from a bluff line. 2. Animal feedlots shall meet the requirements of this chapter, as well as the following standards: a. New feedlots shall not be located in the WSRR overlay district; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within the bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 3. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iii) Forest management standard 1. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment--Forestry and the provisions of Water Quality in Forest Management--Best Management Practices in Minnesota. 2. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iv) Extractive use standards 1. Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for ORDINANCE NO. 545 Page 10 of 41 structures from the ordinary high water level and from blufflines. (11) Vegetative Cutting Selective cutting of trees in excess of four inches in diameter at four feet height within the WSRR overlay district and within 100 feet of the ordinary high water level and 20 feet landward of the bluffline shall be subject to the following: (a) Clearcutting, except for any authorized public services such as roads and essential services, shall not be permitted. Clearcutting for essential services, such as telephone lines, substations, and related structures, shall require a special permit issued by the City Council in accordance with 2.4(N) of this ordinance. (b) Cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting may be performed so as to maintain a continuous tree cover in the remaining wooded areas. (c) The above cutting provisions shall not be deemed to prevent: (i) The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards. (ii) Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at four-foot height. (d) Except in cases where vegetative cutting has been approved as part of a subdivision or other development, any person proposing vegetative cutting shall apply to the city for a vegetative cutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information: (i) Name and address of applicant. (ii) The name and address of the owner of the land. (iii) The address and legal description of the land involved. (iv) The purpose of the vegetative cutting. (v) A description of the type and amount of vegetation to be cut. (vi) The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried. (vii) An estimate of the time required to complete the vegetative cutting. (viii) A site plan showing the proposed cutting area. (ix) A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare. (x) A statement that the applicant will comply with all conditions prescribed by the city. ORDINANCE NO. 545 Page 11 of 41 (12) Clearcutting Restrictions Clearcutting within the WSRR overlay district shall be subject to the following standards and criteria: (a) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to injury. (b) Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. (c) The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary. (d) Where feasible, all clearcuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring. (e) Except in cases where clearcutting has been approved as part of a subdivision or other development, any person proposing clearcutting shall apply to the city for a clearcutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information: (i) Name and address of applicant. (ii) The name and address of the owner of the land. (iii) The address and legal description of the land involved. (iv) The purpose of the clearcutting. (v) A description of the type and amount of clearcutting to be conducted. (vi) The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried. (vii) An estimate of the time required to complete the vegetative cutting. (viii) A site plan showing the proposed cutting area. (ix) A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare. (x) A statement that the applicant will comply with all conditions prescribed by the city. (13) Grading and Filling Any grading and filling conducted within the WSRR overlay district shall require a permit and shall comply with the following: (a) The provisions of 2.4(N) of this ordinance are satisfactorily met. ORDINANCE NO. 545 Page 12 of 41 (b) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be allowed. (c) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority. (d) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities. (e) Grading and filling of the natural topography shall also meet the following standards: (i) The smallest amount of bare ground is exposed for as short a time as feasible. (ii) Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (iii) Methods to prevent erosion and to trap sediment are employed. (iv) Fill is established to accepted engineering standards. (f) Excavation of material from, or filling in the river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minn. Stats. § 103G.245. (g) Draining or filling of wetlands as defined by this chapter shall be expressly prohibited. (14) Utility Transmission Lines All utility transmission crossings of land within the WSRR overlay district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minn. Rules 6105.0170 and 6105.0180. (15) Public Roads In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of new public roads within the WSRR overlay district. Such construction or reconstruction shall be subject to the standards and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional use permit shall not be required for marginal access streets which are intended to serve primarily as an access to abutting properties. (16) Land Suitability No land shall be subdivided which is determined by the city or the commissioner to be unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate ORDINANCE NO. 545 Page 13 of 41 water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the city. (17) Nonconforming Uses All uses in existence prior to July 1, 2000, which are lawfully permitted uses within the wild and scenic recreational river district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this chapter shall be allowed to continue subject to the following conditions and exceptions: (a) Any structural alteration or addition to a nonconforming use which will increase the substandard dimensions shall not be allowed. (b) Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of this division. (18) Sewage Treatment (a) Public System Required Publicly-owned sewer systems must be used. (b) Nonconforming Sewage Treatment Systems A nonconforming sewage treatment system not meeting the requirements of applicable rules of the state Department of Health, the state pollution control agency, specifically Minn Rules ch. 7080, for individual sewage treatment systems, and any other applicable local government standards shall be brought into conformity or discontinued within five years of the date of enactment of the Wild and Scenic Recreational River District Ordinance from which this division is derived. (19) Water Supply Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state Department of Health and the state pollution control agency and administrative procedures of this chapter. Private wells must be located, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state Department of Health. (20) Plats Copies of all plats within the Wild and Scenic Recreational River District shall be forwarded to the Commissioner within ten days of approval by the City. Approval of a plat which is inconsistent with this division is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics. ORDINANCE NO. 545 Page 14 of 41 (21) Planned Unit Development A planned unit development may be allowed per the requirements of section 2.4(P) only when the proposed development provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Planned Unit Developments shall be reviewed under the provisions outlined in Section 2.4(P) of this ordinance, with the following additional criteria: (a) Preliminary plans are approved by the Commissioner of the Department of Natural Resources prior to their enactment by the City Council. (b) A publicly-owned sewer systems is used. (c) Open space is permanently preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective and permanent methods. (d) There is not more than one centralized boat launching facility for each cluster of homes. (e) The only uses that shall be allowed within the development are those allowed under section 2.4(P) and the underlying zoning district. (f) Under the joint application of standards, the more restrictive provisions of this chapter shall apply. (22) Variances (a) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the following additional variance criteria: (i) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with Minn. Rules 6105.0010--6105.0250 and 6105.0800--6105.0960. (ii) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. (b) Exception: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the applicable minimum lot width requirement. (c) Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of Section 2.4(H) and also Minnesota Statutes. ORDINANCE NO. 545 Page 15 of 41 (23) Notice to the DNR of Proposed Actions within the Wild and Scenic Recreational River District (a) Notification of Proposals (i) For properties within the Wild and Scenic Recreational River District, the Community Development Department shall notify the Commissioner of the Department of Natural Resources of any application for a variance, ordinance amendment (including proposed changes to district lines), conditional use permits, PUDs, and plats. (ii) Notifications for ordinance changes and PUDs shall consist of a copy of the proposed ordinance amendment(s), a copy of the proposed PUD, and all other application materials as may be needed by the Commissioner to fully understand the proposal. (iii) Notifications for variances, plats or CUPs may consist simply of the notice of the applicable public hearing, or if a public hearing is not required, a copy of application materials as may be needed by the Commissioner to fully understand the proposal. (iv) Notification shall be sent so as to be received by the Commissioner at least 30 days prior to the planned hearing or meeting to consider the requested action. (b) Notification of final decision The Community Development Department shall notify the Commissioner of the City’s final decision on the proposed action within ten (10) days of the decision. (c) Effective date of decision (i) Decisions on variances, plats or CUPs become effective upon completion of the applicable review process at the City level. (ii) Decisions on PUDs and ordinance amendments within or affecting the Wild and Scenic Recreational River District become effective upon the happening of any of the following events, whichever first occurs: 1. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources. 2. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision. 3. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non- approval. 4. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing. (d) Hearing after non-approval ORDINANCE NO. 545 Page 16 of 41 In case the Commissioner of the Department of Natural Resources gives notice of a PUD or proposed ordinance amendment, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non- approval becomes final. (i) The hearing shall be held within 60 days of the demand and after at least two weeks' published notice. (ii) The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6 and 7. (iii) The Commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing. (F) Shoreland District (1) Statutory Authorization and Policy (a) STATUTORY AUTHORIZATION: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (b) POLICY: The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Monticello. (2) General Provisions (a) Jurisdiction (i) The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 3.7(F)(4) of this ordinance. (ii) Shoreland shall include all land within 1,000 feet of the Ordinary High Water Level (OHWL) of a lake and 300 feet of a river and its designated floodplain as depicted on the City of Monticello’s Official Zoning Map. ORDINANCE NO. 545 Page 17 of 41 (iii) Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. (b) Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. (c) Enforcement The Community Development Department is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of permits, variances or conditional uses) shall be subject to the remedies and penalties outlined in Section 7.6 of this ordinance. (d) Interpretation In their interpretation and application, the provisions of this overlay district shall be held to be minimum requirements and shall be liberally constructed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (e) Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (3) Administration (a) Permits Required (i) A permit is required for the construction of buildings or building additions (including but not limited to related activities such as construction of decks or signs), the installation and/or alteration of sewage treatment systems, and all grading and filling activities as required by this ordinance. Application for a permit shall be made to the Community Development Department pursuant to the applicable regulations in Chapter 2 of this ordinance. The application shall include the necessary information ORDINANCE NO. 545 Page 18 of 41 so that the Community Development Department can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided. (ii) A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this ordinance. (b) Determination of Zoning Compliance The Community Development Department, in reviewing a required permit, shall make a determination as to whether the proposal is compliant with all provisions of Section 3.7(F) Shoreland District. Any use, arrangement, or construction not authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 7.6 of this ordinance. (c) Variances (i) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the following additional requirements: 1. No variance shall circumvent the general purposes and intent of the shoreland overlay district. 2. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. 3. The variance application must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. (ii) A copy of the notice for the public hearing(s) to consider a variance must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. (iii) A copy of all decisions granting variances to shoreland regulations shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (iv) Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of Section 2.4(H) and also Minnesota Statutes. (d) Conditional Uses Conditional uses allowable within shoreland areas shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within shoreland areas shall be reviewed under the provisions outlined in Section 2.4(E), with the following additional requirements: (i) Evaluation Criteria A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: ORDINANCE NO. 545 Page 19 of 41 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; 3. The site is adequate for water supply and on-site sewage treatment; and 4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (ii) Conditions attached to conditional use permits The Community Development Department, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (iii) Notification Procedures 1. A copy of the notice for the public hearing(s) to consider a conditional use permit must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. 2. A copy of all decisions granting a conditional use permit subject to shoreland regulations shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (e) Proposed Shoreland District Amendments and PUDs (i) Notification Required The Community Development Department shall submit to the Commissioner of the Department of Natural Resources (or the commissioner's designated representative), a copy of any application for a zoning amendment to Section 3.7(F), or an application for a Planned Unit Development (PUD) within the shoreland district for certification. The materials shall be sent so as to be received by the Commissioner at least 30 days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed Planned Unit Development along with a description of the request. (ii) Notification of final decision The Community Development Department shall notify the Commissioner of its final decision on the proposed action within ten days of the decision. ORDINANCE NO. 545 Page 20 of 41 (iii) Effective date of decision The ordinance amendment or PUD becomes effective upon the happening of any of the following events, whichever first occurs: 1. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources. 2. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision. 3. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non- approval. 4. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing. (iv) Hearing after non-approval In case the Commissioner of the Department of Natural Resources gives notice of non-approval of an ordinance amendment or PUD, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non-approval becomes final. 1. The hearing shall be held within 60 days of the demand and after at least two weeks' published notice. 2. The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6 and 7. 3. The Commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing. (4) Shoreland Classification System and Land Use Districts (a) Shoreland Classification System The public waters of the City of Monticello have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota. The Mississippi River is regulated by Section 3.7(E) Wild and Scenic Recreational River District. (i) The shoreland area for the water bodies listed in subsections (ii) and (iii) below shall be as defined in this ordinance and as shown on the Official Zoning Map. (ii) Lakes 1. Natural Environment Lakes a. Mud Lake (DNR ID: 86-68 P) b. Unnamed Wetland (DNR ID: 86-75 W) 2. Recreational Development Lakes – RESERVED ORDINANCE NO. 545 Page 21 of 41 3. General Development Lakes a. Unnamed Wetland (DNR ID: 86-393 W) b. Pelican Lake (DNR ID: 86-31 P) c. Unnamed Wetland (DNR ID: 86-67 W) d. Long Lake (DNR ID: 86-69 P) e. Holkers Slough (DNR ID: 86-76 W) f. Unnamed Wetland (DNR ID: 86-77 W) g. Slough Lake (DNR ID: 86-78 P) h. Unnamed Wetland (DNR ID: 86-394 W) i. Unnamed Wetland (DNR ID: 86-498 W) (iii) Rivers and Streams 1. Remote Rivers – RESERVED 2. Forested Rivers – RESERVED 3. Transition Rivers – RESERVED 4. Agricultural Rivers – RESERVED 5. Tributary streams a. Otter Creek All protected watercourses in the City of Monticello shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference, that are not given a classification in Items 1 through 6 above shall be considered ―Tributary streams.‖ (b) Land Use District Descriptions (i) Criteria For Designation The land use districts in subsection (ii) below and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan. (ii) Land Use in Shoreland Areas Land uses on parcels within the shoreland district shall be regulated by the underlying zoning district or by Table 3-22 below, whichever is more restrictive. TABLE 3-22: SHORELAND USES BY LAKE CLASSIFICATION (A) Lake Classes in SPECIAL PROTECTION Districts Uses General Development Recreational Development Natural Environment Forest management P P P Sensitive resource management P P P Agricultural: cropland and pasture P P P ORDINANCE NO. 545 Page 22 of 41 Agricultural feedlots C C C Parks and historic sites C C C Extractive use C C C Single residential C C C Mining of metallic minerals and peat P P P (B) Lake Classes in LOW DENSITY RESIDENTIAL Districts Uses General Development Recreational Development Natural Environment Single Residential P P P Semipublic C C C Parks and historic sites C C C Extractive use C C C Duplex, triplex, quad residential P P C Forest management P P P Mining of metallic minerals and peat P P P TABLE 3-22 (continued) (C) Lake Classes in HIGH DENSITY RESIDENTIAL Districts Uses General Development Recreational Development Natural Environment Residential Planned Unit Developments (PUDs) C C C Single Residential P P P Surface Water oriented commercial (as accessory to a residential PUD) C C C Semipublic C C C Parks and historic sites C C C Duplex, triplex, quad residential P P P Forest management P P P (D) Lake Classes in WATER ORIENTED COMMERCIAL Districts Uses General Development Recreational Development Natural Environment Surface Water oriented commercial P P C Commercial Planned Unit Development C C C Public, Semipublic C C C Parks and historic sites C C C Forest management P P P (E) Lake Classes in GENERAL USE Districts Uses General Development Recreational Development Natural Environment Commercial P P C Commercial Planned Unit Development C C C Industrial C C N Public, Semipublic P P C ORDINANCE NO. 545 Page 23 of 41 Extractive Use C C C Parks and historic sites C C C Forest management P P P Mining of metallic minerals and peat P P P (P) = Permitted Use, (C) = Conditional Use, and (N) = Prohibited Use (5) Shoreland Development Standards (a) In General (i) Except as may be specifically provided, no new lot shall be created—by plat or by metes and bounds description—which does not meet the minimum dimensional requirements outlined in Section 3.7(F)(5). (ii) No lot area shall be so reduced or diminished so that the yards or other open spaces are smaller than prescribed herein, nor shall the number of dwelling units be increased in any manner except in conformity with the area regulations in this Ordinance. (iii) The area of any lot shall not be reduced below the minimum standards specified herein. (b) Lot Standards Tables 3-23, 3-24, and 3-25 list the lot standards for lands within the shoreland district. (i) Structure setbacks shall be measured from the Ordinary High Water Level (OHWL); (ii) Lot widths shall be met at both the OHWL and at the required structural setback from the OHWL. (iii) Lot area shall be calculated based on land area above the OHWL. TABLE 3-23: SHORELAND LOT STANDARDS FOR SEWERED LAKES (A) Lot Area (square feet) Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 40,000 70,000 100,000 130,000 20,000 35,000 52,000 65,000 Recreational Development 20,000 35,000 50,000 65,000 15,000 26,000 38,000 49,000 General Development 15,000 26,000 38,000 49,000 10,000 17,500 25,000 32,500 (B) Lot Width ORDINANCE NO. 545 Page 24 of 41 Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 125 225 325 425 125 220 315 410 Recreational Development 75 135 195 255 75 135 190 245 General Development 75 135 195 255 75 135 190 245 (C) Setbacks (feet) Lake Class LAKESHORE LOTS (distances in feet) Structure Setback from OHWL Shore Impact Zone from OHWL Natural Environment 150 75 Recreational Development 75 37.5 General Development 50 25 TABLE 3-24: SHORELAND LOT STANDARDS FOR UNSEWERED LAKES (A) Lot Area (square feet) Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 80,000 120,000 160,000 200,000 80,000 160,000 240,000 320,000 Recreational Development 40,000 80,000 120,000 160,000 40,000 80,000 120,000 160,000 General Development 20,000 40,000 60,000 80,000 40,000 80,000 120,000 160,000 (B) Lot Width Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 200 300 400 500 200 400 600 800 Recreational Development 150 225 300 375 150 265 375 490 General Development 100 180 260 340 150 265 375 490 (C) Setbacks (feet) Lake Class LAKESHORE LOTS (distances in feet) Structure Setback from OHWL Shore Impact Zone from OHWL On-site Sewage Setback from OHWL ORDINANCE NO. 545 Page 25 of 41 Natural Environment 150 75 150 Recreational Development 100 50 75 General Development 75 37.5 50 TABLE 3-25: SHORELAND LOT STANDARDS FOR RIVERS River Class Lot Width (ft) Structure Setback Shore Impact Zone Sewage Setback Single Duplex Triplex Quad Remote 300 450 600 750 200 100 150 Forested 200 300 400 500 150 75 100 Transition 250 375 500 625 150 75 100 Agricultural 150 225 300 375 50/100* 25/50* 75 Urban & Tributary 75/100* 115/150* 150/200* 190/250* 50/100* 25/50* 75 * sewered / unsewered (c) Bluff Impact Zones Structures or facilities, except stairways and landings, must not be placed within bluff impact zones. (d) Height of Structures (i) No structures, except for churches and non-residential agricultural structures, shall exceed twenty-five (25) feet in height. (ii) Detached accessory dwellings shall not exceed fifteen (15) feet in height. (e) Uses Without Water-Oriented Needs ORDINANCE NO. 545 Page 26 of 41 Uses without water-oriented needs are encouraged to locate on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, must either be setback double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf- on conditions. (6) Zoning and Water Supply / Sanitary Provisions (a) Design Criteria for Structures in the Shoreland District (i) High Water Elevations Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows: 1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; 2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and 3. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (ii) Water-oriented Accessory Structures Each lot may have one water-oriented accessory structure not meeting the normal structure setback of this ordinance if this water-oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet; ORDINANCE NO. 545 Page 27 of 41 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and 6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (iii) Stairways, Lifts, and Landings Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments; 2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments; 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1341. (iv) Significant Historic Sites No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (v) Steep Slopes ORDINANCE NO. 545 Page 28 of 41 The Community Development Department must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (b) Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (i) Vegetation Alterations 1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow. 2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Section 3.7(F)(6)(e)(ii) and 3.7(F)(6)(e)(iii), respectfully, is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities, provided that: i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; ii. Along rivers, existing shading of water surfaces is preserved; and iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (ii) Topographic Alterations/Grading and Filling 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be ORDINANCE NO. 545 Page 29 of 41 incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. 2. Public roads and parking areas are regulated by Section 3.7(F)(6)(c) of this ordinance. 3. Notwithstanding sub-items 1. and 2. above, a grading and filling permit will be required for: a. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. 4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: i. Sediment and pollutant trapping and retention; ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; iv. Recreational use; v. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; ORDINANCE NO. 545 Page 30 of 41 f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, section 103G; j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. (c) Placement and Design of Roads, Driveways, and Parking Areas (i) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (ii) Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (iii) Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 3.7(F)(6)(b)(ii) of this ordinance must be met. (d) Stormwater Management The following general and specific standards shall apply: (i) General Standards 1. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. ORDINANCE NO. 545 Page 31 of 41 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. (ii) Specific Standards 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 3. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat (i) Standards for Commercial, Industrial, Public, and Semipublic Uses 1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: a. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; ORDINANCE NO. 545 Page 32 of 41 ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (ii) Agriculture Use Standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 2. Animal feedlots are prohibited. (iii) Forest Management Standards The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards: 1. Timber harvesting and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-point Source Pollution Assessment- Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." 2. Forest land conversion to another use shall require issuance of a conditional use permit subject to Section 2.4(D) and adherence to the following standards: a. Shore and bluff impact zones must not be intensively cleared of vegetation; and ORDINANCE NO. 545 Page 33 of 41 b. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion. c. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iv) Extractive Use Standards 1. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. (v) Mining of Metallic Minerals and Peat Mining of metallic minerals and peat, as defined in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied. (f) Water Supply and Sewage Treatment (i) Water Supply Water shall be supplied through the City of Monticello municipal water system. (ii) Sewage Treatment Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: 1. Publicly-owned sewer systems shall be used for any new development. 2. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the provisions Section 3.7(F)(7) below. ORDINANCE NO. 545 Page 34 of 41 (7) Nonconformities All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and the provisions of Chapter 6 of this ordinance for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (a) Construction on nonconforming lots of record (i) Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 3.7(F)(5)(b) may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. (ii) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. (iii) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 3.7(F)(5)(b), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 3.7(F)(5)(b) as much as possible. (b) Additions/expansions to nonconforming structures (i) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 3.7(F). Any deviation from these requirements must be authorized by a variance pursuant to Section 3.7(F)(3)(c). (ii) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established; 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; ORDINANCE NO. 545 Page 35 of 41 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. The deck is constructed primarily of wood, and is not roofed or screened. (8) Special Provisions for Subdivision and Platting in Shoreland Districts (a) Land suitability Each lot created through subdivision, including planned unit developments authorized under Section 2.4(P) of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (b) Consistency with other controls Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. Each lot shall meet the minimum lot size and dimensional requirements of Section 3.7(F)(5), including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. (c) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (i) Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (ii) The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (iii) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (iv) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for ORDINANCE NO. 545 Page 36 of 41 controlling stormwater runoff and erosion, both during and after construction activities; (v) Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and (vi) A line or contour representing the ordinary high water level, the ―toe‖ and the ―top‖ of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (d) Dedications When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. (e) Platting All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. (f) Controlled Access or Recreational Lots Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision must meet or exceed the sizing criteria in Section 3.7(F)(5)(b) of this ordinance. (F)(G) Freeway Bonus Sign District Subsection (1) is hereby restated and incorporated herein unchanged. (2) District Application The provisions of Section 3.7(F)(G) shall apply to all business and industrial lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the freeway bonus sign overlay district. Subsection (3) is hereby restated and incorporated herein unchanged. (G)(H) DW: Drinking Water Supply Management Area RESERVED ORDINANCE NO. 545 Page 37 of 41 (H)(I) Performance Based Enhancement District Subsection (1) is hereby restated and incorporated herein unchanged. (2) District Application The provisions of Section 3.7(H)(I) shall apply to all lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the performance based enhancement overlay district. Subsection (3), (3)(a), and 3(a) subsections (i) and (ii) are hereby restated and incorporated herein unchanged. (iii) Lot Standards 1. Minimum lot size shall be equivalent to the required square feet per unit following execution of all permitted density adjustments outlined in Section 3.7(H)(I)(4). 2. Minimum lot width shall be based on the required minimum lot size per the following table: TABLE 3-23 3-26: REQUIRED MINIMUM BASE LOT WIDTHS FOR PERFORMANCE RESIDENTIAL DEVELOPMENT The contents of the table are hereby restated and incorporated herein unchanged Subsection (3)(a)(iv) is hereby restated and incorporated herein unchanged. Subsection (3)(b) and its subsection (i) are hereby restated and incorporated herein unchanged. (ii) Allowed Residential Density 1. Exclusively residential development proposals on properties with an underlying zoning district of R-3 shall be governed by the base density regulations for the underlying zoning district. 2. The base density of residential units within a performance based mixed-use development shall be 4200 square feet of gross lot area per unit regardless of the underlying zoning district. 3. Adjustments to the allowed base density shall be permitted in accordance with the provisions of Section 3.7(H)(I)(4), but in no case shall the residential density exceed twenty (20) units per acre. ORDINANCE NO. 545 Page 38 of 41 (iii) Lot standards in general 1. Lot standards and setbacks shall be governed by the regulations for the underlying zoning district. 2. Development which combines residential and business uses shall conform to the mixed use standards of the performance district as outlined in Section 3.7(H)(I) (5). (4) Density bonuses for improved residential development Base density square footage requirements for residential development within a performance based enhancement district may be reduced based on inclusion of the following development features and the corresponding square foot reduction factors. Under no circumstances shall the resulting density exceed the established maximum density established by this ordinance. (a) Bonuses for all housing types: (i) Preservation of Natural Features – the base density requirement may be reduced based on the amount of land being permanently set aside for the preservation of natural features as outlined in Table 3-24 3-27: TABLE 3-24 3-27: PRESERVATION OF NATURAL FEATURES DENSITY BONUS The contents of the table are hereby restated and incorporated herein unchanged (ii) Additional Landscaping – the base density requirement may be reduced based on the introduction of additional landscaping beyond the normal requirements of code as outlined in Table 3-25 3-28: TABLE 3-25 3-28: DENSITY BONUSES FOR ADDITIONAL LANDSCAPING The contents of the table are hereby restated and incorporated herein unchanged (iii) Additional Useable Recreational Space – in conjunction with development requiring park dedication, the base density requirement may be reduced based on any additional amount of land accepted by the City for public recreation purposes over that which is normally required by code as outlined in Table 3-26 3-29: TABLE 3-26 3-29: RECREATIONAL SPACE DENSITY BONUS The contents of the table are hereby restated and incorporated herein unchanged Subsection 3.7(H)(4)(b) is hereby restated and incorporated herein unchanged. ORDINANCE NO. 545 Page 39 of 41 (5) Bonuses for Green Buildings (a) The incentives listed in Table 3-27 3-30 are available to developments incorporating the denoted number of green building features from schedules ―A‖ and ―B‖ in Table 3-28 3- 31. TABLE 3-27 3-30: BONUSES FOR GREEN BUILDINGS The contents of the table are hereby restated and incorporated herein unchanged (b) The green building features listed in Table 3-28 3-31 below may be utilized to obtain the development bonuses listed in Table 3-27 3-30. TABLE 3-28 3-31: GREEN BUILDINGS FEATURES The contents of the table are hereby restated and incorporated herein unchanged Subsection 3.7(H)(6) is hereby restated and incorporated herein unchanged. (I)(J) CCD Residential Overlay District Subsection (1) is hereby restated and incorporated herein unchanged. (2) District Application The provisions of Section 3.7(I)(J) shall apply to all lands within the jurisdiction of Monticello that are denoted on the official CCD Residential Overlay District map. Subsections (3) and (4) are hereby restated and incorporated herein unchanged. (J)(K) Special Use Overlay District Subsections (1) and (2) are hereby restated and incorporated herein unchanged. Section 3. Table 5-1: Uses by District is hereby amended as follows: TABLE 5-1: USES BY DISTRICT All agricultural, residential, civic and institutional, and office uses are hereby restated and incorporated herein unchanged ORDINANCE NO. 545 Page 40 of 41 Commercial Uses Adult Uses P P 3.7(J) (K) All commercial uses from “Auction House” to “Wholesale Sales” are hereby restated and incorporated herein unchanged All industrial uses are hereby restated and incorporated herein unchanged Section 4. Section 8.4 – Definitions is hereby amended to add or amend the following definitions in alphabetical order: BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment. SETBACK: The horizontal distance between a structure and the lot lines of the lot on which it is located; or the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minnesota Rules Chapter 7080. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. SHORELAND: Subsection (A) is hereby restated and incorporated herein unchanged. (B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. (C) The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Regulations NR 2400-2420 Minnesota Rules Chapter 6105.0800-0950. TOE OF BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18 percent. TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18 percent. WETLAND Subsections (A) and (B) are hereby restated and incorporated herein unchanged. (C) Wetlands does do not include public waters wetlands and public waters unless reclassified as wetlands by the Commissioner of Natural Resources under Minnesota Statutes, section 103G.201. ORDINANCE NO. 545 Page 41 of 41 Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this _____ day of ____________, 2012. CITY OF MONTICELLO ____________________________ Clint Herbst, Mayor ATTEST: _____________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 1 CHAPTER 3: GENERAL PROVISIONS 3.7 Overlay Zoning Districts (E) Wild and Scenic Recreational River District (1) Purpose The purpose of this district is to protect and preserve the scenic, recreational, natural and historical values of the Mississippi River in the city by carefully controlling development of this river corridor consistent with the state Wild and Scenic River Act (Minn. Stats. § 103F.301 et seq.) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to 6105.0250; and as applicable, the provision of 6120.2600 to 6120.3900. (2) Designation of District In order to preserve and protect the Mississippi River and its adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in the city has been given a recreational river classification, and lands adjacent to the river are hereby designated by land use districts, the boundaries of which are based upon the Mississippi River Management Plan, Minn. Rules 6105.0800-- 6105.0960. The provisions of Section 3.7(F) shall apply to all lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within the Wild and Scenic Recreational River overlay district. In case of conflict between the map and the property descriptions and boundaries in Minn. Rules 6105.0910 and 6105.0950, the latter shall prevail. (3) District Application The regulations and requirements imposed by the WSRR overlay district shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the more restrictive requirements shall apply. Any person contemplating development in the WSRR overlay district should review the base district requirements with the Community Development Department to determine which regulations will apply. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 2 City of Monticello Zoning Ordinance (4) Substandard Lots Any lot of record filed in the office of the county recorder on or before July 1, 2000, which does not meet the dimensional requirements of this chapter may be allowed as a building site subject to the following: (a) Such use is permitted in the land use district. (b) The lot was in separate ownership on the date of enactment of the ordinance from which this chapter is derived. (c) All sewage disposal requirements are complied with and lot requirements are complied with to the greatest extent practical. (d) The lot is at least 10,000 square feet in area. (e) If in a group of two or more contiguous lots under a single ownership, any individual lot does not meet the lot width requirements of the local regulation, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of the local regulation, or to the greatest extent practical. (5) Substandard Uses Any uses in existence on a lot of record filed in the office of the county recorder on or before July 1, 2000, which are permitted uses in accordance with Chapter 5, but do not meet minimum setbacks or other dimensional requirements of the ordinance are to be considered as substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: (a) Any structural alteration or addition to a substandard use which will increase the substandard dimension(s) shall not be allowed. (b) Substandard signs shall be gradually amortized over a period of time not to exceed five years once amortization has been initiated by the City. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 3 (6) Allowable Uses The allowable uses in the WSRR overlay district shall be as allowed in Chapter 5 for the underlying zoning classification provided the uses are in conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3100 and 6120.3200, and with the criteria for Recreational Rivers in 6105.0100 subpart 3. (7) Conditional Uses (a) Conditional uses allowable within the WSRR overlay district shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within WSRR overlay district shall be reviewed under the provisions outlined in Section 2.4(E). (b) Any structure(s) associated with a conditional use which are proposed to be located upon slopes greater than 12 percent shall adhere to the following conditions: (i) The structure shall be screened from view of the river and adjacent shorelands in a manner judged acceptable by the city. (ii) An adequate conforming sanitary sewer and water system can be established on the site. (iii) Appropriate erosion control measures are undertaken as determined necessary by the city. (iv) If applicable, vegetative and/or clear-cutting permits are obtained for the proposed use in accordance with City ordinance. (8) Recreational river land use subdistricts – standards, lot dimensions, setbacks, and impervious surface requirements (a) Areas covered The following areas of the city are covered by this division: all areas of the wild and scenic recreational river district within the city. (b) Standards for lots Lots within the WSRR overlay district shall conform to the standards in Table 3-19. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 4 City of Monticello Zoning Ordinance TABLE 3-19: WILD & SCENIC LOT REQUIREMENTS RIVER TYPE Lot Size Lot Width [1] Wild 6 acres 300 feet Scenic 4 acres 250 feet Recreational 2 acres 200 feet [1]: Lot width shall be met at both the OHW and at the required setback from the OHW in accordance with Section8.2(B)(1)(i). (c) Standards for principal structures Principal structures within the WSRR overlay district shall conform to the standards in Table 3-20. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. TABLE 3-20: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from all roads when a lot is bounded by two or more roadways) - Arterial Road 70 feet - Collector Road 70 feet - Local Road 30 feet - Landlocked Parcel 30 feet Unsewered Sewered Side yard setbacks 30 feet 30 feet Rear yard setbacks 50 feet 30 feet Setback from the OHW of the Mississippi River 100 feet 150 feet Setback from a bluff line 75 feet 75 feet Sewer setback from the OWH 75 feet 75 feet (d) Accessory structure setbacks Accessory structures within the WSRR overlay district shall conform to the standards in Table 3-21. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. TABLE 3-21: WILD & SCENIC ACCESSORY STRUCTURE SETBACKS Unsewered Sewered Setback from the OHW of the Mississippi River 75 feet 50 feet Setback from a bluff line 30 feet 30 feet CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 5 (e) Impervious surface requirements (i) Impervious surfaces on lots within the WSRR overlay district shall adhere to the following standards: 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for storm water management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 3. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (ii) The provisions of subdivision (i) above may be varied without a variance if all of the following criteria and standards are met: 1. All structures and impervious surfaces are located on slopes less than 12 percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation. 2. The site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and sedimentation problems consistent with Protecting Water Quality in Urban Areas: Best Management Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the state law library and not subject to frequent change. 3. A site development, maintenance, and inspection plan incorporating the comprehensive practices of this section is submitted and approved by the city prior to the issuance of an impervious surfacing permit and the plan is implemented. 4. The city may impose additional conditions determined necessary to protect the public health, safety, and welfare. (9) Building Height The following minimum requirements shall be observed in the WSRR overlay district: (a) The maximum height of principal structures shall not exceed 25 feet. (b) The maximum height of accessory structures shall not exceed 25 feet. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 6 City of Monticello Zoning Ordinance (10) Additional structure and use standards (a) Placement of structures Structures shall not be located on slopes greater than 12 percent except by conditional use permit as provided for in subsection 3.7(F)(6). (b) Maximum density The maximum density in the WSRR overlay district shall not exceed one dwelling unit per lot with the exception of approved accessory dwelling units. (c) Multiple unit dwelling structures Multiple family dwelling units shall meet the following additional standards: (i) Each building must be set back at least 200 feet from the ordinary high water level; (ii) Each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; and (iii) Watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building (i.e. only one docking facility per lot). (d) Stormwater management Subject to other more restrictive limitations which may be imposed by this ordinance, the following general and specific standards shall apply: (i) General standards 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 7 (ii) Specific Standards 1. When constructed facilities are used for stormwater management, documentation shall be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 2. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, and Forestry (i) Standards for commercial, industrial, public, and semipublic uses 1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs for access to and use of public waters may be located on parcels or lots with frontage on public waters. Subject to other more restrictive limitations which may be imposed by this chapter, those uses with water-oriented needs shall meet the following standards: a. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures; b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 8 City of Monticello Zoning Ordinance ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They shall only convey the location and name of the establishment and the general types of goods or services available. The signs shall not contain other detailed information such as product brands and prices, shall not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across public waters; and iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (ii) Agriculture use standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the natural resources conservation service, as provided by a qualified individual or agency. a. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. b. The bluff impact zone is equal to the bluff and land located within 20 feet from a bluff line. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 9 2. Animal feedlots shall meet the requirements of this chapter, as well as the following standards: a. New feedlots shall not be located in the WSRR overlay district; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within the bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 3. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iii) Forest management standard 1. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment--Forestry and the provisions of Water Quality in Forest Management--Best Management Practices in Minnesota. 2. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay district shall be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iv) Extractive use standards 1. Site development and restoration plan. An extractive use site development and restoration plan shall be developed, approved, and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from the ordinary high water level and from blufflines. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 10 City of Monticello Zoning Ordinance (11) Vegetative Cutting Selective cutting of trees in excess of four inches in diameter at four feet height within the WSRR overlay district and within 100 feet of the ordinary high water level and 20 feet landward of the bluffline shall be subject to the following: (a) Clearcutting, except for any authorized public services such as roads and essential services, shall not be permitted. Clearcutting for essential services, such as telephone lines, substations, and related structures, shall require a special permit issued by the City Council in accordance with 2.4(N) of this ordinance. (b) Cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted by large openings in the past, selective cutting may be performed so as to maintain a continuous tree cover in the remaining wooded areas. (c) The above cutting provisions shall not be deemed to prevent: (i) The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards. (ii) Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting crops, or cutting suppressed trees or trees less than four inches in diameter at four-foot height. (d) Except in cases where vegetative cutting has been approved as part of a subdivision or other development, any person proposing vegetative cutting shall apply to the city for a vegetative cutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information: (i) Name and address of applicant. (ii) The name and address of the owner of the land. (iii) The address and legal description of the land involved. (iv) The purpose of the vegetative cutting. (v) A description of the type and amount of vegetation to be cut. (vi) The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried. (vii) An estimate of the time required to complete the vegetative cutting. (viii) A site plan showing the proposed cutting area. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 11 (ix) A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare. (x) A statement that the applicant will comply with all conditions prescribed by the city. (12) Clearcutting Restrictions Clearcutting within the WSRR overlay district shall be subject to the following standards and criteria: (a) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to injury. (b) Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. (c) The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary. (d) Where feasible, all clearcuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following spring. (e) Except in cases where clearcutting has been approved as part of a subdivision or other development, any person proposing clearcutting shall apply to the city for a clearcutting permit. Application forms for the permit shall be provided by the Community Development Department and require the following information: (i) Name and address of applicant. (ii) The name and address of the owner of the land. (iii) The address and legal description of the land involved. (iv) The purpose of the clearcutting. (v) A description of the type and amount of clearcutting to be conducted. (vi) The highway, street, or streets, or other public ways in the city upon and along which any material is to be hauled or carried. (vii) An estimate of the time required to complete the vegetative cutting. (viii) A site plan showing the proposed cutting area. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 12 City of Monticello Zoning Ordinance (ix) A plan or statement demonstrating that the activity will in no way jeopardize the public health, safety and welfare. (x) A statement that the applicant will comply with all conditions prescribed by the city. (13) Grading and Filling Any grading and filling conducted within the WSRR overlay district shall require a permit and shall comply with the following: (a) The provisions of 2.4(N) of this ordinance are satisfactorily met. (b) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be allowed. (c) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority. (d) Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities. (e) Grading and filling of the natural topography shall also meet the following standards: (i) The smallest amount of bare ground is exposed for as short a time as feasible. (ii) Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (iii) Methods to prevent erosion and to trap sediment are employed. (iv) Fill is established to accepted engineering standards. (f) Excavation of material from, or filling in the river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minn. Stats. § 103G.245. (g) Draining or filling of wetlands as defined by this chapter shall be expressly prohibited. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 13 (14) Utility Transmission Lines All utility transmission crossings of land within the WSRR overlay district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minn. Rules 6105.0170 and 6105.0180. (15) Public Roads In addition to such permits as may be required by Minn. Stats. § 103G.245, a conditional use permit shall be required for any construction or reconstruction of new public roads within the WSRR overlay district. Such construction or reconstruction shall be subject to the standards and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional use permit shall not be required for marginal access streets which are intended to serve primarily as an access to abutting properties. (16) Land Suitability No land shall be subdivided which is determined by the city or the commissioner to be unsuitable by reason of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the city. (17) Nonconforming Uses All uses in existence prior to July 1, 2000, which are lawfully permitted uses within the wild and scenic recreational river district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this chapter shall be allowed to continue subject to the following conditions and exceptions: (a) Any structural alteration or addition to a nonconforming use which will increase the substandard dimensions shall not be allowed. (b) Substandard signs shall be gradually eliminated over a period of time not to exceed five years from the date of enactment or amendment of this division. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 14 City of Monticello Zoning Ordinance (18) Sewage Treatment (a) Public System Required Publicly-owned sewer systems must be used. (b) Nonconforming Sewage Treatment Systems A nonconforming sewage treatment system not meeting the requirements of applicable rules of the state Department of Health, the state pollution control agency, specifically Minn Rules ch. 7080, for individual sewage treatment systems, and any other applicable local government standards shall be brought into conformity or discontinued within five years of the date of enactment of the Wild and Scenic Recreational River District Ordinance from which this division is derived. (19) Water Supply Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state Department of Health and the state pollution control agency and administrative procedures of this chapter. Private wells must be located, maintained, and sealed in accordance with or in a more thorough manner than the water well construction code of the state Department of Health. (20) Plats Copies of all plats within the Wild and Scenic Recreational River District shall be forwarded to the Commissioner within ten days of approval by the City. Approval of a plat which is inconsistent with this division is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics. (21) Planned Unit Development A planned unit development may be allowed per the requirements of section 2.4(P) only when the proposed development provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural environment than traditional subdivision development. Planned Unit Developments shall be reviewed under the provisions outlined in Section 2.4(P) of this ordinance, with the following additional criteria: (a) Preliminary plans are approved by the Commissioner of the Department of Natural Resources prior to their enactment by the City Council. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 15 (b) A publicly-owned sewer systems is used. (c) Open space is permanently preserved. This may be accomplished through the use of restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective and permanent methods. (d) There is not more than one centralized boat launching facility for each cluster of homes. (e) The only uses that shall be allowed within the development are those allowed under section 2.4(P) and the underlying zoning district. (f) Under the joint application of standards, the more restrictive provisions of this chapter shall apply. (22) Variances (a) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the following additional variance criteria: (i) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with Minn. Rules 6105.0010--6105.0250 and 6105.0800--6105.0960. (ii) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. (b) Exception: Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the applicable minimum lot width requirement. (c) Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of Section 2.4(H) and also Minnesota Statutes. Section 2.4(H): Appeal of Administrative Decisions CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District Page 16 City of Monticello Zoning Ordinance (23) Notice to the DNR of Proposed Actions within the Wild and Scenic Recreational River District (a) Notification of Proposals (i) For properties within the Wild and Scenic Recreational River District, the Community Development Department shall notify the Commissioner of the Department of Natural Resources of any application for a variance, ordinance amendment (including proposed changes to district lines), conditional use permits, PUDs, and plats. (ii) Notifications for ordinance changes and PUDs shall consist of a copy of the proposed ordinance amendment(s), a copy of the proposed PUD, and all other application materials as may be needed by the Commissioner to fully understand the proposal. (iii) Notifications for variances, plats or CUPs may consist simply of the notice of the applicable public hearing, or if a public hearing is not required, a copy of application materials as may be needed by the Commissioner to fully understand the proposal. (iv) Notification shall be sent so as to be received by the Commissioner at least 30 days prior to the planned hearing or meeting to consider the requested action. (b) Notification of final decision The Community Development Department shall notify the Commissioner of the City’s final decision on the proposed action within ten (10) days of the decision. (c) Effective date of decision (i) Decisions on variances, plats or CUPs become effective upon completion of the applicable review process at the City level. (ii) Decisions on PUDs and ordinance amendments within or affecting the Wild and Scenic Recreational River District become effective upon the happening of any of the following events, whichever first occurs: 1. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources. 2. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (E) Wild and Scenic Recreational River District City of Monticello Zoning Ordinance Page 17 3. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non-approval. 4. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing. (d) Hearing after non-approval In case the Commissioner of the Department of Natural Resources gives notice of a PUD or proposed ordinance amendment, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non-approval becomes final. (i) The hearing shall be held within 60 days of the demand and after at least two weeks' published notice. (ii) The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6 and 7. (iii) The Commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 1 CHAPTER 3: GENERAL PROVISIONS 3.7 Overlay Zoning Districts (F) Shoreland District (1) Statutory Authorization and Policy (a) STATUTORY AUTHORIZATION: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. (b) POLICY: The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Monticello. (2) General Provisions (a) Jurisdiction (i) The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 3.7(F)(4) of this ordinance. (ii) Shoreland shall include all land within 1,000 feet of the Ordinary High Water Level (OHWL) of a lake and 300 feet of a river and its designated floodplain as depicted on the City of Monticello’s Official Zoning Map. (iii) Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 2 City of Monticello Zoning Ordinance (b) Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. (c) Enforcement The Community Development Department is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of permits, variances or conditional uses) shall be subject to the remedies and penalties outlined in Section 7.6 of this ordinance. (d) Interpretation In their interpretation and application, the provisions of this overlay district shall be held to be minimum requirements and shall be liberally constructed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (e) Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (3) Administration (a) Permits Required (i) A permit is required for the construction of buildings or building additions (including but not limited to related activities such as construction of decks or signs), the installation and/or alteration of sewage treatment systems, and all grading and filling activities as required by this ordinance. Application for a permit shall be made to the Community Development Department pursuant to the applicable regulations in Chapter 2 of this ordinance. The application shall include the necessary information so that the Community Development Department can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided. Section 7.6: Remedies and Penalties Section 2.4(I): Building Permits Section 2.3: Common Review Procedures & Requirements Section 2.4(N): Grading, Drainage & Erosion Control Permits CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 3 (ii) A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this ordinance. (b) Determination of Zoning Compliance The Community Development Department, in reviewing a required permit, shall make a determination as to whether the proposal is compliant with all provisions of Section 3.7(F) Shoreland District. Any use, arrangement, or construction not authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 7.6 of this ordinance. (c) Variances (i) Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the following additional requirements: 1. No variance shall circumvent the general purposes and intent of the shoreland overlay district. 2. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. 3. The variance application must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. (ii) A copy of the notice for the public hearing(s) to consider a variance must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. (iii) A copy of all decisions granting variances to shoreland regulations shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (iv) Appeals from variance decisions on shoreland issues may be made in accordance with the provisions of Section 2.4(H) and also Minnesota Statutes. (d) Conditional Uses Conditional uses allowable within shoreland areas shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within shoreland areas shall be reviewed under the provisions outlined in Section 2.4(E), with the following additional requirements: Section 7.6: Remedies and Penalties Section 2.4(C): Variances Section 2.4(H): Appeal of Administrative Decisions CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 4 City of Monticello Zoning Ordinance (i) Evaluation Criteria A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; 3. The site is adequate for water supply and on-site sewage treatment; and 4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (ii) Conditions attached to conditional use permits The Community Development Department, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (iii) Notification Procedures 1. A copy of the notice for the public hearing(s) to consider a conditional use permit must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. 2. A copy of all decisions granting a conditional use permit subject to shoreland regulations shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 5 (e) Proposed Shoreland District Amendments and PUDs (i) Notification Required The Community Development Department shall submit to the Commissioner of the Department of Natural Resources (or the commissioner's designated representative), a copy of any application for a zoning amendment to Section 3.7(F), or an application for a Planned Unit Development (PUD) within the shoreland district for certification. The materials shall be sent so as to be received by the Commissioner at least 30 days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed Planned Unit Development along with a description of the request. (ii) Notification of final decision The Community Development Department shall notify the Commissioner of its final decision on the proposed action within ten days of the decision. (iii) Effective date of decision The ordinance amendment or PUD becomes effective upon the happening of any of the following events, whichever first occurs: 1. The final decision taken by the city has previously received certification of approval from the Commissioner of the Department of Natural Resources. 2. The city receives certification of approval from the Commissioner of the Department of Natural Resources after its final decision. 3. Thirty days have elapsed from the day the Commissioner of the Department of Natural Resources received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of non-approval. 4. The Commissioner of the Department of Natural Resources certifies his approval within 30 days after conducting a public hearing. (iv) Hearing after non-approval In case the Commissioner of the Department of Natural Resources gives notice of non-approval of an ordinance amendment or PUD, either the applicant or Community Development Department may, within 30 days of said notice, file with the Commissioner a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of non- approval becomes final. 1. The hearing shall be held within 60 days of the demand and after at least two weeks' published notice. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 6 City of Monticello Zoning Ordinance 2. The hearing shall be conducted in accordance with Minn. Stats. § 103G.311, subds. 2, 6 and 7. 3. The Commissioner shall either certify his approval or disapproval of the proposed action within 30 days of the hearing. (4) Shoreland Classification System and Land Use Districts (a) Shoreland Classification System The public waters of the City of Monticello have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota. The Mississippi River is regulated by Section 3.7(F) Wild and Scenic Recreational River District. (i) The shoreland area for the water bodies listed in subsections (ii) and (iii) below shall be as defined in this ordinance and as shown on the Official Zoning Map. (ii) Lakes – 1. Natural Environment Lakes a. Mud Lake (DNR ID: 86-68 P) b. Unnamed Wetland (DNR ID: 86-75 W) 2. Recreational Development Lakes – RESERVED 3. General Development Lakes a. Unnamed Wetland (DNR ID: 86-393 W) b. Pelican Lake (DNR ID: 86-31 P) c. Unnamed Wetland (DNR ID: 86-67 W) d. Long Lake (DNR ID: 86-69 P) e. Holkers Slough (DNR ID: 86-76 W) f. Unnamed Wetland (DNR ID: 86-77 W) g. Slough Lake (DNR ID: 86-78 P) h. Unnamed Wetland (DNR ID: 86-394 W) i. Unnamed Wetland (DNR ID: 86-498 W) (iii) Rivers and Streams – 1. Remote Rivers – RESERVED 2. Forested Rivers – RESERVED 3. Transition Rivers – RESERVED 4. Agricultural Rivers – RESERVED 5. Tributary streams: CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 7 a. Otter Creek All protected watercourses in the City of Monticello shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference, that are not given a classification in Items 1 through 6 above shall be considered ―Tributary streams.‖ (b) Land Use District Descriptions (i) Criteria For Designation The land use districts in subsection (ii) below and the delineation of a land use district’s boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan. (ii) Land Use in Shoreland Areas Land uses on parcels within the shoreland district shall be regulated by the underlying zoning district or by Table 3-22 below, whichever is more restrictive. TABLE 3-22: SHORELAND USES BY LAKE CLASSIFICATION (A) Lake Classes in SPECIAL PROTECTION Districts Uses General Development Recreational Development Natural Environment Forest management P P P Sensitive resource management P P P Agricultural: cropland and pasture P P P Agricultural feedlots C C C Parks and historic sites C C C Extractive use C C C Single residential C C C Mining of metallic minerals and peat P P P (B) Lake Classes in LOW DENSITY RESIDENTIAL Districts Uses General Development Recreational Development Natural Environment Single Residential P P P Semipublic C C C Parks and historic sites C C C Extractive use C C C Duplex, triplex, quad residential P P C Forest management P P P Mining of metallic minerals and peat P P P CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 8 City of Monticello Zoning Ordinance TABLE 3-22 (continued) (C) Lake Classes in HIGH DENSITY RESIDENTIAL Districts Uses General Development Recreational Development Natural Environment Residential Planned Unit Developments (PUDs) C C C Single Residential P P P Surface Water oriented commercial (as accessory to a residential PUD) C C C Semipublic C C C Parks and historic sites C C C Duplex, triplex, quad residential P P P Forest management P P P (D) Lake Classes in WATER ORIENTED COMMERCIAL Districts Uses General Development Recreational Development Natural Environment Surface Water oriented commercial P P C Commercial Planned Unit Development C C C Public, Semipublic C C C Parks and historic sites C C C Forest management P P P (E) Lake Classes in GENERAL USE Districts Uses General Development Recreational Development Natural Environment Commercial P P C Commercial Planned Unit Development C C C Industrial C C N Public, Semipublic P P C Extractive Use C C C Parks and historic sites C C C Forest management P P P Mining of metallic minerals and peat P P P (P) = Permitted Use, (C) = Conditional Use, and (N) = Prohibited Use (5) Shoreland Development Standards (a) In General (i) Except as may be specifically provided, no new lot shall be created—by plat or by metes and bounds description—which does not meet the minimum dimensional requirements outlined in Section 3.7. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 9 (ii) No lot area shall be so reduced or diminished so that the yards or other open spaces are smaller than prescribed herein, nor shall the number of dwelling units be increased in any manner except in conformity with the area regulations in this Ordinance. (iii) The area of any lot shall not be reduced below the minimum standards specified herein. (b) Lot Standards Tables 3-23, 3-24, and 3-25 list the lot standards for lands within the shoreland district. TABLE 3-23: SHORELAND LOT STANDARDS FOR SEWERED LAKES (A) Lot Area (square feet) Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 40,000 70,000 100,000 130,000 20,000 35,000 52,000 65,000 Recreational Development 20,000 35,000 50,000 65,000 15,000 26,000 38,000 49,000 General Development 15,000 26,000 38,000 49,000 10,000 17,500 25,000 32,500 (B) Lot Width Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 125 225 325 425 125 220 315 410 Recreational Development 75 135 195 255 75 135 190 245 General Development 75 135 195 255 75 135 190 245 (C) Setbacks (feet) Lake Class LAKESHORE LOTS (distances in feet) Structure Setback from OHWL Shore Impact Zone from OHWL Natural Environment 150 75 Recreational Development 75 37.5 General Development 50 25 CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 10 City of Monticello Zoning Ordinance TABLE 3-24: SHORELAND LOT STANDARDS FOR UNSEWERED LAKES (A) Lot Area (square feet) Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 80,000 120,000 160,000 200,000 80,000 160,000 240,000 320,000 Recreational Development 40,000 80,000 120,000 160,000 40,000 80,000 120,000 160,000 General Development 20,000 40,000 60,000 80,000 40,000 80,000 120,000 160,000 (B) Lot Width Lake Class LAKESHORE NON-LAKESHORE Single Duplex Triplex Quad Single Duplex Triplex Quad Natural Environment 200 300 400 500 200 400 600 800 Recreational Development 150 225 300 375 150 265 375 490 General Development 100 180 260 340 150 265 375 490 (C) Setbacks (feet) Lake Class LAKESHORE LOTS (distances in feet) Structure Setback from OHWL Shore Impact Zone from OHWL On-site Sewage Setback from OHWL Natural Environment 150 75 150 Recreational Development 100 50 75 General Development 75 37.5 50 CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 11 TABLE 3-25: SHORELAND LOT STANDARDS FOR RIVERS River Class Lot Width (ft) Structure Setback Shore Impact Zone Sewage Setback Single Duplex Triplex Quad Remote 300 450 600 750 200 100 150 Forested 200 300 400 500 150 75 100 Transition 250 375 500 625 150 75 100 Agricultural 150 225 300 375 50/100* 25/50* 75 Urban & Tributary 75/100* 115/150* 150/200* 190/250* 50/100* 25/50* 75 * sewered / unsewered (c) Bluff Impact Zones Structures or facilities, except stairways and landings, must not be placed within bluff impact zones. (d) Height of Structures (i) No structures, except for churches and non-residential agricultural structures, shall exceed twenty-five (25) feet in height. (ii) Detached accessory dwellings shall not exceed fifteen (15) feet in height. (e) Uses Without Water-Oriented Needs Uses without water-oriented needs are encouraged to locate on lots or parcels without public water frontage, or, if located on lots or parcels with public water frontage, must either be setback double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (6) Zoning and Water Supply / Sanitary Provisions (a) Design Criteria for Structures in the Shoreland District (i) High Water Elevations Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows: CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 12 City of Monticello Zoning Ordinance 1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; 2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and 3. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (ii) Water-oriented Accessory Structures Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 3.7(F)(5)(d) of this ordinance if this water-oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; 2. The setback of the structure or facility from the ordinary high water level must be at least ten feet; 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 13 6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (iii) Stairways, Lifts, and Landings Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments; 2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments; 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1341. (iv) Significant Historic Sites No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 14 City of Monticello Zoning Ordinance (v) Steep Slopes The Community Development Department must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (b) Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (i) Vegetation Alterations 1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow. 2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Section 3.7(F)(6)(e)(ii) and 3.7(F)(6)(e)(iii), respectfully, is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; ii. Along rivers, existing shading of water surfaces is preserved; and CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 15 iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. (ii) Topographic Alterations/Grading and Filling 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. 2. Public roads and parking areas are regulated by Section 3.7(F)(6)(c) of this ordinance. 3. Notwithstanding sub-items 1. and 2. above, a grading and filling permit will be required for: a. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. 4. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: i. Sediment and pollutant trapping and retention; ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; iv. Recreational use; v. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Section 3.7(D): Wetland District CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 16 City of Monticello Zoning Ordinance Resources, or the United States Army Corps of Engineers. The applicant will be so advised. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Natural Resources under Minnesota Statutes, section 103G; j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 17 (c) Placement and Design of Roads, Driveways, and Parking Areas (i) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (ii) Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (iii) Public and private watercraft access ramps, approach roads, and access- related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 3.7(F)(6)(b)(ii) of this ordinance must be met. (d) Stormwater Management The following general and specific standards shall apply: (i) General Standards 1. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 18 City of Monticello Zoning Ordinance (ii) Specific Standards 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 3. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (e) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat (i) Standards for Commercial, Industrial, Public, and Semipublic Uses 1. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: a. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 19 ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (ii) Agriculture Use Standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 2. Animal feedlots are prohibited. (iii) Forest Management Standards The harvesting of timber and associated reforestation or conversion of forested use to a non-forested use must be conducted consistent with the following standards: 1. Timber harvesting and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-point Source CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 20 City of Monticello Zoning Ordinance Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." 2. Forest land conversion to another use shall require issuance of a conditional use permit subject to Section 2.4(D) and adherence to the following standards: a. Shore and bluff impact zones must not be intensively cleared of vegetation; and b. An erosion and sediment control plan is developed and approved by the local soil and water conservation district before issuance of a conditional use permit for the conversion. c. Use of fertilizer, pesticides, or animal wastes within shorelands must be done in such a way as to minimize impact on the shore impact zone or public water by proper application or use of earth or vegetation. (iv) Extractive Use Standards 1. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. (v) Mining of Metallic Minerals and Peat Mining of metallic minerals and peat, as defined in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied. (f) Water Supply and Sewage Treatment (i) Water Supply Water shall be supplied through the City of Monticello municipal water system. CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 21 (ii) Sewage Treatment Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: 1. Publicly-owned sewer systems shall be used for any new development. 2. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the provisions Section 3.7(F)(7) below. (7) Nonconformities All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and the provisions of Chapter 6 of this ordinance for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (a) Construction on nonconforming lots of record (i) Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 3.7(F)(5)(b) may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. (ii) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. (iii) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 3.7(F)(5)(b), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 3.7(F)(5)(b) as much as possible. (b) Additions/expansions to nonconforming structures (i) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 3.7(F)(5)(d). Any deviation from these CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District Page 22 City of Monticello Zoning Ordinance requirements must be authorized by a variance pursuant to Section 3.7(F)(3)(c). (ii) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established; 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. The deck is constructed primarily of wood, and is not roofed or screened. (8) Special Provisions for Subdivision and Platting in Shoreland Districts (a) Land suitability Each lot created through subdivision, including planned unit developments authorized under Section 2.4(P) of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (b) Consistency with other controls Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. Each lot shall meet the minimum lot size and dimensional requirements of Sections 3.7(F)(5)(b) and 3.7(F)(5)(c), including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for Section 2.4(P): Planned Unit Developments City Code Title 11: Monticello Subdivision Ordinance CHAPTER 3: GENERAL PROVISIONS Section 3.7 Overlay Zoning Districts Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 23 the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. (c) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (i) Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (ii) The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (iii) Adequate soils information to determine suitability for building and on- site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (iv) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (v) Location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and (vi) A line or contour representing the ordinary high water level, the ―toe‖ and the ―top‖ of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (d) Dedications When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. (e) Platting All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 24 City of Monticello Zoning Ordinance (f) Controlled Access or Recreational Lots Lots intended as controlled accesses to public waters or for recreational use areas for use by non-riparian lots within a subdivision must meet or exceed the sizing criteria in Section 3.7(F)(5)(b) of this ordinance. Chapter 8: Rules & Definitions 8.4 Definitions The following are new or amended definitions to be proposed under this ordinance update: BOATHOUSE: A structure designed and used solely for the storage of boats or boating equipment. SETBACK: The horizontal distance between a structure and the lot lines of the lot on which it is located; or the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Minnesota Rules Chapter 7080. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback. SHORELAND: (edit is to subdivisions “B” and “C” only) (B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides that extend landward from the waters for lesser distances and when approved by the Commissioner of Natural Resources. (C) The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Rules Chapter 6105.0800-0950. TOE OF BLUFF: The lower point of a 50-foot segment with an average slope exceeding 18 percent. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 25 TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18 percent. WETLAND (edit is to subdivision “C” only) (C) Wetlands do not include public waters wetlands and public waters unless reclassified as wetlands by the Commissioner of Natural Resources under Minnesota Statutes, section 103G.201. The following are existing definitions not proposed to change under this ordinance update except as may otherwise be shown above: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: ACCESSORY: A use, activity, structure, or part of a structure that is subordinate and incidental to the main activity or structure on the site. ACCESSORY BUILDING -- MAJOR: A building which is accessory to a principal structure and exceeds 120 square feet in size. ACCESSORY BUILDING -- MINOR: A building which is accessory to a principal structure and is equal to or less than 120 square feet in size. ADULT USES: Adult uses include adult bookstores, adult motion picture theatres, adult mini-motion picture theatres, adult massage parlors, adult steamroom/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statute 5617.241 are not included. Specified Anatomical Areas: (A) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 26 City of Monticello Zoning Ordinance (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: (A) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty. (B) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence. (C) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation. (D) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast. (E) Situations involving a person or persons, any of whom are nude, clad in undergarments, or in sexually revealing costumes; and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons. (F) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being. (G) Human excretion, urination, menstruation, vaginal, or anal irrigation. ADULT USE / ACCESSORY: The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and the like. ADULT USE / PRINCIPAL: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following: (A) Adult Use Body Painting Studio - An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." (B) Adult Use Bookstore - A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 27 (C) Adult Use Cabaret - A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas." (D) Adult Use Companionship Establishment - A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (E) Adult Use Conversation/Rap Parlor - A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (F) Adult Use Health/Sport Club - A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (G) Adult Use Hotel/Motel - Adult hotel/motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." (H) Adult Use Massage Parlor/Health Club - A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (I) Adult Use Mini-Motion Picture Theatre - A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (J) Adult Use Modeling Studio - An establishment whose major business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (K) Adult Use Motion Picture Arcade - Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 28 City of Monticello Zoning Ordinance by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." (L) Adult Use Motion Picture Theatre - A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (M) Adult Use Novelty Business - A business which has, as a principal activity, the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (N) Adult Sauna - A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (O) Adult Steam Room/Bathhouse Facility - A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." AGRICULTURE: Those commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening and livestock raising and feeding, but not including fur farms, commercial animal feed lots, and kennels. AGRICULTURAL BUILDING means a structure on agricultural zoned land designed, constructed, and used to house farm implements or agricultural produce or products used by the owner, lessee, or sub-lessee or their immediate families, their employees, and persons engaged in the pick up or delivery of agricultural produce or products grown or raised on the premises. The term ―agricultural building‖ shall not include dwellings. AGRICULTURAL SALES shall mean the retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 29 jellies, pickles, sauces; or baked goods and home-made handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25 percent of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business. ALLEY: A public right-of-way less than thirty (30) feet in width which affords secondary access to abutting property. ANTENNA, TELECOMMUNICATION: A device used for the transmission and/or reception of wireless communications, arranged on an antenna support structure or building, and consisting of a wire, a set of wires, or electromagnetically reflective or conductive rods, elements, arrays, or surfaces. ANTENNA, RADIO, AND TELEVISION BROADCAST TRANSMISSION: An antenna used to transmit public or commercial broadcast radio or television programming. ANTENNA, PERSONAL WIRELESS COMMUNICATIONS SERVICE: An antenna used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. ANTENNA, SATELLITE DISH: An antenna incorporating a reflective or conductive surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such an antenna is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based transmission or receiving systems. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only), and satellite microwave antennas. ANTENNA, SHORT-WAVE RADIO: An antenna used for the transmission and reception of radio waves used for federally licensed short-wave radio communications. ANTENNA SUPPORT STRUCTURE: Any freestanding pole, telescoping mast, tower, tripod, or other structure which supports an antenna and is not a building or attached to a building or structure. APARTMENT: A room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual and is equipped with cooking facilities. Includes dwelling unit and efficiency unit. An apartment is offered only as a rented or leased residence, as distinguished from condominiums and townhouses, which allow for separate ownership. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 30 City of Monticello Zoning Ordinance APPURTENANCE: The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, open porches, bay windows, roof overhangs, awnings, solar energy systems and similar features. ARTIFICIAL OBSTRUCTION: Means any obstruction which is not a natural obstruction (see Obstruction). AS-BUILT PLANS: Record drawings of as-constructed improvements. ASSISTED LIVING FACILITY: A multiple-family structure that includes a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of people who need help with activities of daily living, but where the emphasis of the facility remains residential. Residents of assisted living facilities do not require hospitalization or skilled or intermediate nursing care associated with nursing home facilities, but do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration. ATTENTION GETTING DEVICE: Any device whose primary purpose is to attract public attention to a use of land (but which is not a building or the use of land itself), whether two or three dimensional, and whether through graphics, light, movement, shapes or other method. Such device may be either permanent or temporary, and would be regulated as a sign under the appropriate sections of this ordinance. AUCTION HOUSE: A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. AUTOMATED TELLER MACHINE (ATM): A facility to provide banking and other electronic services that is operated by the customer. AUTOMOBILE REPAIR - MAJOR: General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint job; vehicle steam cleaning. This business performs structural and cosmetic repairs to autos, light trucks, and equipment of 9,000 pounds GVW and less. Allowed: Body repair and painting, frame and/or unibody straightening and repair, glass replacement, sandblasting and/or steam cleaning, undercoating or rust proofing, upholstery work, washing, cleaning, and polishing. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 31 AUTOMOBILE REPAIR - MINOR: A business that performs mechanical and electrical repairs to autos, light trucks, and equipment 9,000 pounds GVW and less. Allowed activities include minor repairs, incidental body and fender work, minor painting and upholstering, tune ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or components when installation is available, wheel alignment and balancing, tire repair, radiator repair, washing, cleaning, and polishing, but specifically excluding any operation specified or implied under the definition of "Automobile Repair - Major." AUTOMOTIVE WASH FACILITY: An area or structure equipped with automatic or self- service facilities for primarily washing automobiles. BANNERS AND PENNANTS: Attention-getting devices which resemble flags and are of a paper, cloth, or plastic-like consistency. BASEMENT: Means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. BED AND BREAKFAST: A private residence, generally a single-family residence, engaged in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to breakfast for guests only. BERM: An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes. BEST MANAGEMENT PRACTICES (BMPs): Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. BLUFF: A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (A) Part or all of the feature is located in a shoreland area; (B) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (C) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (D) The slope must drain toward the waterbody. BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 32 City of Monticello Zoning Ordinance BOARDER: A person who regularly receives lodging with or without meals at another’s home for pay or services BOARDING HOUSE: A building other than a hotel where, for compensation and by pre- arrangement for definite periods, meals or lodging and meals are provided to three (3) or more persons, not of the principal family therein, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than fifteen (15) persons. BUILDABLE AREA: The portion of a lot remaining after required yards have been provided. BUILDING: A structure with a roof, intended for shelter, housing, business, or enclosure. BUILDING, FRONT FAÇADE: A building elevation which fronts on a public street, public parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available. BUILDING HEIGHT [see section 8.2(B)(5)] BUILDING LINE [see section 8.2(B)(3)] BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot. BULK FUEL STORAGE: The commercial storage of gasses and fuels in above ground containers. BUSINESS: Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation. BUSINESS DAY: A day on which City Hall is open. BUSINESS SUPPORT SERVICES: Establishments that engage primarily in rendering services to businesses including but not limited to copy shops, printing services, package and postal services, photo processing, janitorial services, and similar operations. CALIPER: A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper inches of a tree shall be determined by measuring the tree’s diameter 4 feet, 6 inches from the ground. CANOPY: A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 33 CANOPY TREE: A tree that has an expected height at maturity of 30 feet or more. CELLAR (see “BASEMENT”) CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically. CEMETERY: Land used or intended to be used for burying the remains of human dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of the cemetery. CHURCH (see “PLACE OF PUBLIC ASSEMBLY”) CITY ENGINEER: A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. The City Engineer is part of the Community Development Department. CIVIC INTEREST GROUP: A civic interest group is a non-governmental organization which has a public or quasi-public service purpose as its central function, but may include additional uses and activities related to its public function or provided to its membership. A civic interest group may or may not have a specific site location or building which it occupies whether owned or leased. Examples of such groups may include religious institutions, local or national service clubs and organizations, private museums, historical facilities or similar entities. CLEARING: Any activity that removes the vegetative surface cover. CLEAR-CUTTING: The removal of an entire stand of trees. CLINIC: A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. CHARITABLE, FRATERNAL, OR SOCIAL CLUB / LODGE (see “PLACE OF PUBLIC ASSEMBLY”) COMBINATION USE: The combination of two principal uses. COMMUNICATION ANTENNAS AND ANTENNA SUPPORT STRUCTURES (see “ANTENNA, TELECOMMUNICATION”) Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 34 City of Monticello Zoning Ordinance COMMUNICATIONS/BROADCASTING: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Antennas, antenna support structures and satellite dishes are included in this definition. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities. COMMUNITY DEVELOPMENT DEPARTMENT: Those departments assigned by the City Manager to oversee the various aspects of development within the City. Such departments may include but are not limited to planning, building safety, and engineering. COMMUNITY GARDEN: A public or private facility for cultivation of fruits, flowers, vegetables or ornamental plants by more than one (1) person or group. CONDITIONAL USE: A permitted use that, because of special requirements or characteristics, may only be allowed in a particular zoning district after review by the City and granting of conditional use permit which imposes conditions deemed necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses that cannot be adequately controlled through conditions shall be prohibited. Approved conditional uses and their conditions run with the land and are not specific to property owners. CONDOMINIUM: A form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Residential condominium dwelling units are subject to the provisions of the Minnesota Condominium Law, Minnesota Statutes, Sections 515.01 to 515.29. CONSERVATION EASEMENT: A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. CONSTRUCTION TRAILER: Trailers used as temporary offices to meet a short-term need while the permanent facilities are being expanded. A temporary use permit is required for such office trailers CONVENIENCE STORE: A retail store not more than 4,000 square feet in area that generally carries a reduced inventory of a variety of items such as dairy products, minor Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 35 automobile related items, groceries, novelties, magazines, etc. A convenience store may be combined with vehicle fuel sales where permitted. COOPERATIVE (HOUSING): A multiple family attached dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership. COUNTRY CLUB: A membership club or business organized and operated primarily to provide recreational activities such as golf, swimming, tennis, and other outdoor recreation to its members and their guests which includes facilities such as a club house, banquet areas, locker rooms, and pro shop. COURT: An unoccupied open space other than a yard which is bounded on two (2) or more sides by the walls of the buildings. CREMATORY: A facility containing furnaces for the reduction of dead bodies to ashes by fire. DAY CARE - HOME: (see definitions for ―Group Residential Facility‖). DAY CARE CENTER: A service provided to the public in which children of school or preschool age are cared for during established business hours, and which does not qualify as a group residential facility. DECIDUOUS TREE: A tree that generally loses all of its leaves for part of the year. DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site at any point extending above grade. DENSITY, BASE: The number of dwelling units allowed per net acre of land. DENSITY, MAXIMUM: The number of dwelling units potentially allowed per net acre of land if certain conditions are met through either performance standards or the planned unit development process. DEPARTMENT STORE [see “RETAIL COMMERCIAL USES (OTHER)”] Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 36 City of Monticello Zoning Ordinance DEPOSIT: Any rock, soil, gravel, sand, or other material deposited naturally or by man into a water body, watercourse, flood plain, or wetland. DEWATERING: The removal of water for construction activity; typically a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated for dewatering, and if the water is found to be contaminated, may require other MPCA permits to be discharged. DISTRICT: An area delineated on the official zoning map that sets forth standards and guidelines for all development within the prescribed zoning district. DONATION DROP-OFF CONTAINER: A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items. DRAINING: The removal of surface water or groundwater from land. DREDGING: To enlarge or clean out a water body, watercourse, or wetland. DRIPLINE: A vertical line that extends from the outermost branches of a tree’s canopy to the ground around the circumference of the tree. DRIVE-THROUGH SERVICE: A building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service. DUMPSTER: A container that has a hooking mechanism that permits it to be raised and dumped into a sanitation truck or be hauled away for emptying. DUPLEX: A building designed as a single structure, containing two separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family. DWELLING: A building or portion thereof designated exclusively for residential occupancy, including one-family, two-family, and multiple family dwellings, but not including hotels, motels, and boarding houses. DWELLING, ACCESSORY UNIT: A dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units shall be developed in accordance with the standards set forth in this ordinance and only in those zoning districts where permitted. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 37 DWELLING, ATTACHED: A structure intended for occupancy by more than one family, including duplexes, townhomes, multi-family dwellings, apartments, and condominiums. Accessory dwelling units as defined and permitted by this ordinance are incidental to a principal dwelling unit and are not considered to be attached dwellings. DWELLING, DETACHED: A dwelling unit designed exclusively for occupancy by one (1) family. DWELLING, MULTIPLE FAMILY: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other but sharing hallways and main entrances and exits. DWELLING UNIT: An area within a structure designed and constructed to be occupied by one family which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not include hotels, motels, group residential facilities, correctional facilities, nursing/convalescent home, rehabilitation centers, or other structures designed for transient residence. EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal room exclusive of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking (kitchenette). ENTERTAINMENT, INDOOR COMMERCIAL: An establishment providing completely enclosed recreation or entertainment activities. Accessory uses may include the preparation and serving of food or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice-skating, billiards, pool, motion picture theaters, and related amusements. This use does not include adult uses. ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation or entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and serving of food, the sale of equipment related to the outdoor uses, and complementary indoor entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not limited to, a golf driving range, sand volleyball courts, go-carts, or a miniature golf course. This use does not include projectile weapon ranges (archery or shooting),a stadium or a drive-in movie theater. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 38 City of Monticello Zoning Ordinance EROSION CONTROL: A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR: A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television, and digital communications systems; and waste disposal and recycling services. These services include underground, surface, and overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the function of the essential service. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. EXTRACTION OF MATERIALS: the development or extraction of a natural resource in excess of four hundred (400) cubic yards from its natural occurrences on affected land without processing. EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the year. EXISTING TREE CANOPY: The crowns of all healthy self-supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches or greater at breast height. FAMILY: An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of: (A) Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship (including foster children); or, (B) Not more than four (4) unrelated persons. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 39 FARMERS MARKET: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. FENCE: A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it FILLING: The act of depositing any rock, soil, gravel, sand, or other material so as to change the natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland. FINAL GRADE: Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. FINAL STABILIZATION: (A) All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; (B) For individual lots in residential construction by either: (a) The homebuilder completing final stabilization as specified above, or (b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and information the homeowner of the need for, and benefits of, final stabilization. FINANCIAL INSTITUTION: An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Financial institutions may also provide Automated Teller Machine (ATM) services, located within a fully enclosed space or building, along an exterior building wall intended to serve walk-up customers only, or in a City authorized drive-thru lane. FINISHING STANDARD: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. The term ―finishing standard‖ shall be synonymous with ―performance standard.‖ Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 40 City of Monticello Zoning Ordinance FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Monticello. FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOOD PROFILE: A graph or a longitudinal plot of water surface elevations of a flood event along a reach of a stream or river. FLOOD-PROOFING: A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: The bed of wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. FLOOR AREA [see section 8.2(B)(4)] FLOOR AREA - FININSHABLE: Area within a building—exclusive of mechanical, garage, or unfinished storage space—that could meet all requirements of ―finished floor area‖ after improvements are completed. FLOOR AREA - FINISHED: To qualify as finished floor area, the space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained, painted or covered with other residential wall/ceiling covering prior to occupancy. Basements that are neither ―look out‖ or ―walk out‖ levels may be finished, but shall not be counted towards a minimum finished square footage calculation. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 41 FOREST LAND CONVERSION: The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. FREEWAY CORRIDOR (SIGN) AREA: A special signing area encompassing land located within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas Road, East of Sandberg Road, and West of Cedar Street as shown on the City’s official Freeway Bonus Sign District Map. FUNERAL HOME: An establishment that provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home. GARAGE: An attached or detached accessory structure for the purpose of parking vehicles. GARAGE SALE: The sale of miscellaneous used items commonly associated with residential use. Garage sales shall not be for the sale of primarily a single commodity. The term ―garage sale‖ includes ―sidewalk sale,‖ ―yard sale,‖ ―basement sale,‖ and ―estate sale.‖ GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse. GRADING: Excavation or fill of material, including the resulting conditions thereof. GRADING, DRAINAGE AND EROSION CONTROL PERMIT : A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as ―Grading Permit‖. GRADING, DRAINAGE AND EROSION CONTROL PLANS: A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello ―Plan Requirements and Design Guidelines‖. GREENHOUSE/CONSERVATORY: A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants GROUP RESIDENTIAL FACILITY, SINGLE FAMILY: A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 42 City of Monticello Zoning Ordinance Hoop Building the premises which falls into one of the following categories: 1) a state licensed residential facility serving six or fewer persons; 2) registered housing with services establishment serving six or fewer persons; 3) a licensed day care facility serving 12 or fewer persons, or 4) a group family day care facility licensed to serve 14 or fewer children. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. GROUP RESIDENTIAL FACILITY, MULTIFAMILY: A state-licensed facility, public or private, which regularly provides a planned combination of living conditions, services, and resources for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls into one of the following categories: 1) a state licensed residential facility serving between seven (7) and sixteen (16) persons, or 2) a licensed day care facility serving between thirteen (13) and sixteen (16) persons. This term does not include any type of residential or non-residential facility for persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. HELIPORT: An area used or intended to be used for the landing and takeoff of helicopters, and may include any or all of the areas of buildings appropriate to accomplish these functions HEAVY INDUSTRIAL USE (see “HEAVY MANUFACTURING”) HIGH RISK TREE: Any tree with structural defects sufficient to render the tree or part of the tree likely to fail and cause damage to persons, property, or other significant vegetation, as determined by a qualified arborist or other tree professional. HOME OCCUPATION: An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. HOOP BUILDING (see also “tarp garage”): A portable or permanently anchored structure defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 43 HOSPITAL: A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, and administration, and services to patients, employees, or visitors. HOTEL or MOTEL: Hotel and Motel are considered to be synonymous uses. A hotel or motel means a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupation by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit. IMPERVIOUS SURFACE: The area of a lot occupied by 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 but are not limited to decks with one-fourth (1/4) inch spacing or less; decks with a surface underneath that is impervious; concrete patios; bituminous patios; landscaping rocks over plastic liners; courts (sport and tennis); sand boxes with liners; roofs; structures; paved driveways and other driveway surfaces (crushed bituminous, concrete, gravel, other rock, packed dirt, etc); landscape beds with linings; and concrete sidewalks. Exceptions include the following topics: wood decks with one-fourth (1/4) inch spacing or more with pervious material underneath the deck; driveway and sidewalks constructed of pavers provided proof of proper installation is provided; wood chip sidewalks; and retaining walls. INDOOR FOOD/CONVENIENCE SALES: A small retail establishment located within or associated with another use that offers for sale prepared food or convenience goods such as prepackaged food items, tobacco, periodicals, and other household goods. INDUSTRIAL SERVICES (GENERAL): Businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products; or providing other related services primarily for industrial businesses. Industrial service firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Also includes firms such as contractors and building maintenance services and similar establishments engaged in performance of services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking and storage. INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. KENNEL (COMMERCIAL): A facility for the boarding, breeding, raising, grooming, selling, training or other animal husbandry activities for dogs, cats or other animals for financial or other compensation. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 44 City of Monticello Zoning Ordinance LAND RECLAMATION: The reclaiming of land by the importation, depositing, or grading of soils in excess of 400 cubic yards so as to elevate the grade. LANDSCAPE STRIP, PERIMETER: Vegetative material associated with the perimeter landscaping required for a vehicular use area. LANDSCAPING / NURSERY BUSINESS: A retail business devoted to the growth, display, and/or sale of plants, shrubs, trees; and/or landscaping materials and services. LIGHT INDUSTRIAL USE: (see “MANUFACTURING, LIGHT”) LOT (OF RECORD): A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this ordinance, or approved by the City as a lot subsequent to such date and which is occupied by or intended for occupancy by one (1) principal building or principal use together with any accessory buildings and such open spaces as required by this ordinance and having its principal frontage upon a street. LOT: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not less than the minimum area required by this zoning ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the Council.  LOT Related Definitions (e.g. lot depth, lot area, lot corner, etc): [see section 8.2(B)] LOT LINE: A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. MACHINERY/TRUCK REPAIR: This business performs mechanical, electrical, structural, and cosmetic repairs to trucks and heavy equipment. Allowed: Tune ups and adjustment, replacement of parts, rebuilding of parts or components when installation is available, body repair, collision service and painting, frame straightening and repair, steam cleaning and/or sandblasting, undercoating and rust proofing, radiator repair, tire repair, wheel alignment and balancing, washing, cleaning, and polishing. MANUFACTURED (MOBILE) HOME: A structure transportable in one or more sections which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on a side, is 760 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 45 connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code (MN State Statute 327.31). MANUFACTURED HOME PARK: A contiguous parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, firm, trust, partnership, public or private association, or corporation. MANUFACTURING, HEAVY: The manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or engaging in large-scale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: large-scale food and beverage operations, lumber, milling, and planing facilities; aggregate, concrete and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production, and plastic processing and production. MANUFACTURING, LIGHT: The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. Examples include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments or parts; manufacture, processing, and packing of food products or cosmetics; and manufacturing of components, jewelry, clothing, trimming decorations and any similar item. MARQUEE: Any permanent roof like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 46 City of Monticello Zoning Ordinance MAXIMUM DENSITY: The number of dwelling units allowed per gross acre of land as controlled by an individual or joint ownership group. MEAN GROUND LEVEL: The elevation established for the purpose of regulating the number of stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground adjacent to the exterior walls of the buildings. MULTIPLE-TENANT SITE: Any site which has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. NATURAL DRAINAGE SYSTEM: All land surface areas which by nature of their contour configuration, collect, store and channel surface water run-off. NATURAL OBSTRUCTION: Means any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within a water body, watercourse, or wetland by a non- human cause. NEXT AVAILABLE AGENDA: The next meeting at which an application can be heard by a reviewing body after consideration of the anticipated time for review and other items already scheduled for future agendas. The Community Development Department has full discretion to select the best future meeting date that will accommodate the administrative and official review of an item provided the overall timeframe for review will comply with all state mandated review deadlines. NONCONFORMING STRUCTURE OR BUILDING: A structure or building, the size, dimensions, or location of which was lawful prior to effective date of this ordinance as denoted in Section 1.4, or on the effective date of any amendment to this ordinance, but that fails by reason of such adoption or amendment to conform to the requirements of this ordinance. NONCONFORMING USE: Any use lawfully being made of any land, building, or structure not otherwise abandoned, existing on effective date of this ordinance as denoted in Section 1.4 or on the effective date of any amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or the amendment. NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for Section 1.4: Effective Date Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 47 reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions. OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OFFICE USE: An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services. OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business. OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light. OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. OPEN SPACE: An area on a lot not occupied by any structure or impervious surface. OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space. ORDINARY HIGH WATER: The boundary of public waters which may include wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 48 City of Monticello Zoning Ordinance OUTDOOR STORAGE: The keeping, in an un-roofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Such activities may be the principal use of the land or as an accessory use to another principal use. OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a building. PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features. PARK FACILITY, PASSIVE: A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks. PARKING: The act of keeping a passenger vehicle as defined herein on an approved parking space, properly surfaced, for a temporary period of time. PARKING BAY: The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces. PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent propert ies. PARKING LOT DRIVE AISLE: A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways. PARKING SPACE/STALL: An area enclosed in the main building, in an accessory building, or unenclosed sufficient in size to store one (1) automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile. PARKING STRUCTURE: A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, decks, and ramp parking. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 49 PARKING, SURFACED: A parking space or storage space which is paved, or surfaced with crushed rock, such as Class V limestone, crushed or decomposed granite, ―con-bit‖, or landscaping rock of adequate durability to support the load parked or stored thereon. PARKING, UNSURFACED: A storage space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the City’s weed control regulations. Unsurfaced space may not include bare ground which may be subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway. PASSENGER TERMINAL: A place that receives and discharges passengers which generally includes facilities and equipment required for the operation. Examples include terminals for bus, taxi, railroad, shuttle van, or other similar vehicular services. This definition does not include bus stops or similar transfer points for passengers at which no facilities (excluding a bench or shelter) are provided. PAVED: A parking space or storage space which is surfaced with only the following materials: Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete pavers, provided such pavers have a flat surface area of no less than nine square inches. PERFORMANCE STANDARD: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. The term ―performance standard‖ shall be synonymous with ―finishing standard.‖ PERIMETER SEDIMENT CONTROL: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. PERMANENT COVER: Final site stabilization. Examples include grass, gravel, asphalt, and concrete. PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts. PERMITTEE: Applicant for and recipient of an approved permit. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 50 City of Monticello Zoning Ordinance PERSON: An individual, firm, partnership, association, corporation, or organization of any kind. PERSONAL SERVICES: Establishments that primarily engage in providing services generally involving the care of the person or person’s possessions. Personal services may include but are not limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios. PHASING (in relation to grading): Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people regularly attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and other similar activities, including buildings in which such functions and activities are held. PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing City specifications for all plan requirements. PLANNED UNIT DEVELOPMENT: A type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources as may be required. PLANTING STRIP: Areas intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk. PORTABLE CONTAINER: A large container designed and rented or leased for the temporary storage of commercial, industrial, or residential household goods that does not contain a foundation or wheels for movement. PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or accessory uses. PUBLIC BUILDING OR USE: Any facility, including but not limited to buildings and property that are leased or otherwise operated or funded by a governmental body or public entity. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 51 PUBLIC WATERS: Any waters as defined in Minnesota Statutes, section 103G.005, Subd. 15, 15a. REACH (in relation to flood plains): A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. REAL ESTATE OFFICE/MOBILE SALES HOME: A dwelling temporarily used as a sales office for a residential development under construction for on-site sales RECREATIONAL VEHICLE CAMP SITE: A lot or parcel of land occupied or intended for occupancy by recreational vehicles for travel, recreational, or vacation usage for short periods of stay subject to the provisions of this ordinance. RECYCLING AND SALVAGE CENTER: A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. REPAIR ESTABLISHMENT: An establishment primarily engaged in the provision of repair services for TV’s, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment; including tailor; locksmith; and upholsterer. RESTAURANT : An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Such a facility may include indoor and outdoor seating and/or drive through services. RETAIL COMMERCIAL USES (OTHER): Establishments primarily engaged in the sale of goods and materials to the general public not otherwise specifically defined in code. Retail commercial uses may include by are not limited to bookstores, antique stores, grocery stores and similar uses; but do not include sales from moveable motorized vehicles. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 52 City of Monticello Zoning Ordinance ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOT ZONE: The area inside the dripline of a tree that contains its roots. SCHOOL, K-12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF-STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer’s goods or wares. SEMIPUBLIC USE: The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 53 SENIOR HOUSING: A multiple-family structure, 80 percent of whose occupants shall be 65 years of age or over, or a multiple-family structure where each unit is occupied by at least one person who is 55 years of age or over and is retired. The facility may include common areas for the congregation of occupants for activities or meals. Senior housing shall typically consist of multiple-household attached dwellings, but may include detached dwelling units as part of a wholly owned and managed senior project. SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. SETBACK: The horizontal distance between a structure and the lot lines of the lot on which it is located. SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other individual or cluster type sewage treatment system. SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHADE TREE: A tree planted or valued chiefly for its shade from sunlight; this term usually applies to large trees with spreading canopies. SHELTER, FALLOUT: An accessory building specifically designed and used for the protection of life from radioactive fallout. SHELTER, STORM: An accessory building specifically designed and used for the protection of life from weather events. SHORE IMPACT ZONE: Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. SHORELAND: Land located within the following distances from public water: (B) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages. (C) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 54 City of Monticello Zoning Ordinance divides that extend landward from the waters for lesser distances and when approved by the commissioner. (D) The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Regulations NR 2400-2420. SHRUB: A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen. SIDEWALK SALES & DISPLAY: Outdoor sale and display, conducted by the proprietor, of products normally sold inside a retail establishment. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. SIGN, ABANDONED: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Where a sign has received a special permit or other City approval, such approval shall run with the principal use of the property, and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section, notwithstanding the prior special approval. SIGN, AREA IDENTIFICATION: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center consisting of five (5) or more separate business concerns, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above located on contiguous property. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 55 Changeable Copy Sign Canopy Sign SIGN, AWNING: A building sign or graphic printed on or in some fashion attached directly to the awning material. SIGN, AREA: A sign identifying a series of related parcels or uses, rather than a specific parcel or use. SIGN, BALLOON: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. SIGN, BILLBOARD: See definition of Off Premises Sign. SIGN, BUILDING: Any sign attached or supported by any building. SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic changeable copy signs may also be dynamic display signs if the definition of dynamic display sign is met. SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 56 City of Monticello Zoning Ordinance Sign Height or technology that allows the sign face to present a series of images or displays. All dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays. SIGN, ELECTRONIC GRAPHIC DISPLAY: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. SIGN, FREESTANDING: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. SIGN, HEIGHT OF: The height of the sign shall be computed as the vertical distance measured from the crown of the adjacent street surface at centerline to the top of the highest attached component of the sign. SIGN, IDENTIFICATION: Signs in all districts which identify the business or owner, or manager, or resident, and set forth the address of the premises where the sign is located and which contain no other material. SIGN, ILLUMINATED: Any sign which contains an element designed to emanate artificial light internally or externally. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 57 Projecting Sign Monument Sign SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. SIGN, MONUMENT: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding fourteen (14) feet. SIGN, MULTI-VISION: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one (1) of two (2) or more images. SIGN, OFF PREMISES: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of the Sign Ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. SIGN, OFFICIAL: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty – See also ―Public Sign‖. SIGN, POLE: See definition of Pylon Sign. SIGN, PORTABLE: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. SIGN, PROJECTING: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. SIGN, PUBLIC: Any sign posted by a governmental agency of a public, non-commercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are Marquee Sign Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 58 City of Monticello Zoning Ordinance Sandwich Board Sign Pylon Signs erected by or on order of a public officer or employee in the performance of official duty – See Also ―Official Sign‖. SIGN, PYLON: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. SIGN, ROOF: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. SIGN, ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. SIGN, ROTATING SIGN: A sign or portion of a sign which turns about on an axis. SIGN, SANDWICH BOARD: A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services. SIGN, SHIMMERING: A sign which reflects an oscillating sometimes distorted visual image. SIGN, SUSPENDED: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to such surface. SIGN,TEMPORARY: Any sign which is erected or displayed for a specified period or time, including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable devices. SIGN, TIME AND TEMPERATURE: A sign that displays only current time and temperature information. SIGN, VIDEO DISPLAY: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 59 Window Signage frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. SIGN, WALL: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. SIGN, WINDOW: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than 100 persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals, etc. SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or entertainment. SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 60 City of Monticello Zoning Ordinance SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are placed on a development site to soften built edges and provide transitions. [See Section 4.1(H)] SHOPPING CENTER: An integrated grouping of commercial stores under single ownership or control. See also “RETAIL COMMERCIAL USES” SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees. SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun. SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar-generated energy. SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and bakeries. STABILIZATION / STABILIZED: The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STABLE: A building in which horses are sheltered; may be accessory to a residential or other use or a freestanding principal use. START OF CONSTRUCTION: The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not bluffs. STORM WATER: Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 61 Tarp Garage STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP): A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. STORY: [see section 8.2(B)(5)] STREET FRONTAGE: [see section 8.2(B)(1)(f)] STRUCTURE: Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, sheds, docks, and similar accessory construction. STRUCTURE, PUBLIC: A building or edifice of any kind which is owned or rented, and operated by a federal, state, or local government agency. SUBDIVISION: Any real estate, wherever located, improved or unimproved, which is divided or proposed to be divided for the purpose of sale or lease, including sales or leases of any timeshare interest, unit in a common interest community, or similar interest in real estate. SURFACE WATER OR WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. SURFACE WATER-ORIENTED COMMERCIAL USE: the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. SWIMMING POOL: A structure, whether above or below grade level, designed to hold water more than 24 inches deep to be used for recreational purposes TARP GARAGE: A portable or permanently anchored structure defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed. TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures, symbols or any other mark upon, under or in the skin with ink or any other substance resulting Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 62 City of Monticello Zoning Ordinance in the coloration of the skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree. TELECOMMUNICATION TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. TEMPORARY MOBILE CELL SITE: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW). TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding 18 percent. TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot. TOWNHOUSES: Structures housing three (3) or more dwelling units of not more than two (2) stories each and contiguous to each other only by the sharing of one (1) common wall, such structures to be of the town or row house type as contrasted to multiple family dwellings or apartments/condominiums. No single structure shall contain in excess of eight (8) dwelling units, and each dwelling unit shall have separate and individual front and rear entrance. TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the accumulation, storage and pick-up of refuse and recyclable material associated with multi- family home sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does not include trash and recycling containers associated with single family dwellings, or townhome units which do not utilize a communal location for trash and recycling. TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more. TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the beauty of its foliage and flowers rather than its functional reasons. TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this ordinance. TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30 feet. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 63 TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the tree’s dripline. TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large dumpsters or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick up. Such facilities are typically associated with multi-family buildings of more than four units, commercial operations and industrial sites. TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30 feet. UPLAND: Means all lands at an elevation above the ordinary high water mark. USE: The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this ordinance. UTILITIES – MAJOR: Major utilities shall include the following: (A) Public infrastructure services providing regional or community-wide service that entail the construction of new buildings or structures such as waste treatment plants, potable water treatment plants, solid waste facilities, and electrical substations; (B) Commercial wind energy conversion systems (public or private). VARIANCE: The waving by board action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration. VEGETATION: Means the sum total of plant life in some area, or a plant community with distinguishable characteristics. VEGETATION, NATIVE: Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site. VEHICLE, EMERGENCY: For the purpose of evaluating vehicles which may be parked in residential areas, the term emergency vehicle shall include ambulances, police and sheriff’s department vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 64 City of Monticello Zoning Ordinance VEHICLE, PASSENGER: A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles. VEHICLE, RECREATIONAL: (1) A vehicle that is used primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind a self-propelled vehicle. (2) Operable recreational equipment that is not licensed for used on the public roadway, but used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing. (3) Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one (1) piece of equipment for the purposes of this section VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a ―Small Commercial Vehicle‖. VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height, and 8.5 feet in width. VEHICLE FUEL SALES: Buildings and premises where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities), and where in addition, the following services may be rendered and sales made, and no other:  ―Automotive Repair – minor‖ as defined by this ordinance  Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operation;  Provision of road maps and other informational material to customers; and  Provision of restroom facilities. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 65 Uses permissible at a vehicle fuel sales establishment do not include ―Automobile Repair – major‖ as defined by this ordinance, major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. VEHICLE SALES OR RENTAL: Establishments primarily engaged in the retail sale of new and used—in operating condition—automobiles, noncommercial trucks, motor homes, recreational vehicles or farm machinery; including incidental storage, maintenance, and servicing. VEHICLE STORAGE: The act of keeping a recreational or commercial vehicle as defined herein on a parcel in an eligible storage location for an extended period of time without regular use, and with proper surfacing or maintenance of the groundcover as required. VEHICULAR USE AREA LANDSCAPING, INTERIOR: Vegetative material, structures (walls or fences), berms, and associated ground cover located within the interior of a parking lot, or other vehicular use area for the purposes of providing visual relief and heat abatement. [See Section 4.1(F)] VEHICULAR USE AREA LANDSCAPING, PERIMETER: Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district or residentially developed lands, used property for the purposes of screening the vehicular use area from off-site views. [See Section 4.1(F)] VETERINARY FACILITIES – RURAL: An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for all animals. VETERINARY FACILITIES – NEIGHBORHOOD: An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for small household pets only. VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 66 City of Monticello Zoning Ordinance WASTE DISPOSAL & INCINERATION: A use which focuses on the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind. WATER BODY: Means a body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and surrounded by land. WATER-ORIENTED ACCESORY STRUCTURE OR FACILITY: a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. WATERCOURSE: Means a channel or depression through which water flows such as rivers, streams, or creeks and may flow year-round or intermittently. WATERSHED: The area drained by the natural and artificial drainage system bounded peripherally by a bridge or stretch of high land dividing drainage areas. WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm drain. WAYSIDE STAND: A temporary structure or vehicle used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand; the stand being clearly a secondary use of the premises which does not change the character thereof. WETLANDS: (A) Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this ordinance, wetlands must: (1) Have a predominance of hydric soils; (2) Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances, support a prevalence of hydrophytic vegetation. Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District City of Monticello Zoning Ordinance Page 67 (B) "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of item A, surrounded by non-wetland and including all contiguous wetland types, except those connected solely by riverine wetlands. "Wetland area" means a portion of a wetland or the wetland. (C) Wetlands does not include public waters wetlands and public waters unless reclassified as wetlands by the commissioner under Minnesota Statutes, section 103G.201. (D) The wetland size is the area within its boundary. The boundary must be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987). The wetland type must be determined according to Wetlands of the United States, (1971 edition). Both documents are incorporated by reference under part 8420.0112, items A and B. The local government unit may seek the advice of the technical evaluation panel as to the wetland size and type. WETLANDS, EXCEPTIONAL QUALITY: Exceptional quality wetlands contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. This higher level of plant species variety generally provides high wildlife habitat value and may also s upport rare wildlife species. The shorelines of exceptional quality wetlands are natural and unaffected by erosion. These wetlands exhibit no evidence of significant man induced water level fluctuation. Exceptional quality wetlands provide excellent water quality protection, high aesthetic quality, and provide excellent opportunities for educational and scientific activities within the community. WETLANDS, HIGH QUALITY: High quality wetlands are still generally in their natural state and tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species, however, a minimum of twenty (20) different species can be found within the basin. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. The combination of these factors result in these wetlands being judged as providing a greater level of water quality protection and significantly better wildlife habitat. They show little if any evidence of human influences and their greater levels of species variety, wildlife habitat and ecological stability results in higher aesthetic quality. These characteristics also offer opportunities for educational or scientific value to the community. WETLANDS, LOW QUALITY: Wetlands included in this category have been substantially altered by agricultural or urban development that caused over nutrification, soil erosion, sedimentation and water quality degradation. As a result of these factors, these Chapter 8: Rules & Definitions Section 8.4 Definitions Subsection (F) Shoreland District Page 68 City of Monticello Zoning Ordinance wetlands exhibit low levels of plant species and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctua tions in response to storms and show evidence of shoreline erosion. While these wetlands do provide for water quality and serve an important role in protecting water quality downstream, the combination of these characteristics cause these wetlands to provide low levels of water quality protection and to have poor aesthetic quality. They often exhibit evidence of significant human influences and they are deemed to be of little educational or scientific value to the community. WETLANDS, MEDIUM QUALITY: Mediu m quality wetlands have a slightly higher number of plant species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species variety results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion. As a result of these characteristics, these wetlands provide somewhat better water quality protection. They also exhibit relatively less evidence of human influences and therefore, tend to be of a higher aesthetic quality. These wetlands are still judged to be of limited educational or scientific value to the community. WETLAND BUFFER: An area of non-disturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals. WHOLESALE SALES: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor’s materials or office or retail sales of business supplies/office equipment. WILDLIFE: All free living animals. WIND ENERGY CONVERSION SYSTEM (WECS): A wind-driven machine that converts wind energy into electrical power for the primary purpose of resale or off-site use WRECKER SERVICE: An establishment operated for the purpose of temporary storage on- site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has 10 or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles top to bottom, or portions of the vehicles are dismantled or removed for sale, it shall be considered a junkyard. YARD [see Section 8.2(B)(3)(a)]  YARD Related Definitions (e.g. front yard, corner yard, side yard, etc): [see section 8.2(B)(3)(a)(vii)] 27/1MONTICELLO ZONING ORDINANCE CHAPTER 27 REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SH ORE LAND ARE AS OF T HE C ITY O F MO NTIC ELLO SECTION: 27-1:General Provisions 27-2:Designation of Types of Land Use 27-1:GENERAL PROVISION [A]STATUTORY AUTHORIZATION: This shoreland management ordinance is adopted pursuant to the authorization contained in the Laws of Minnesota 1973, Chapter 379, 272, and in furtherance of the policies declared in Minnesota Statutes 1976, Chapters 104, 105, 115, 116, and 462, and Minnesota Regulations NR 78-81, Rules and Regulations for Wild, Scenic, and Recreational Rivers, NR 82-84, Rules and Regulations for the Management of Shoreland areas within municipalities, and NR 2400-2420, Rules and Regulations relating to the designation, classification, and management of the Mississippi River in Stearns, Sherburne, Wright, Anoka, and Hennepin Counties. [B]POLICY: The uncontrolled use of shorelands of the City of Monticello affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety, and welfare to provide for the wise development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to the municipalities 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 resources. This responsibility is hereby recognized by the City of Monticello. It is in the interest of present and future generations to preserve and protect the outstanding scenic, recreational, natural, historical, and scientific values of the Mississippi River and its adjacent lands. Accordingly, the Commissioner of Natural Resources provides standards and criteria for the preservation, protection, and management of the Mississippi River as authorized by the Laws of Minnesota 1973, Chapter 271, and Minnesota Regulations NR 78-81 and NR 2400-2420. [C]STATEMENT OF PURPOSE: To achieve the policies described in paragraph B above and to: 1.Designate suitable land use zoning districts compatible with the 27/2MONTICELLO ZONING ORDINANCE shoreland management classification and consistent with NR 2400- 2420. 2.Regulate the minimum dimensions for the size and length of water frontage of lots suitable for building sites. 3.Regulate the placement of structures in relation to shorelines and roads. 4.Regulate the amount of impervious surface allowed on each lot. 5.Regulate the type of placement of sanitary and waste disposal facilities. 6.Regulate alteration of the natural shorelands vegetation and to po gr ap hy. 7.Regulate placement of roads and parking areas. 8.Regulate the subdivision of land. 9.Regulate the location of utility transmission crossings of shorelands. 10.Regulate the construction or reconstruction of public roads in shoreland areas. 11.Provide for the enforcement and administration of municipal shoreland management ordinances and management of the recreational river ordinances within the City of Monticello. [D]JURISDICTION: The jurisdiction of this chapter shall include the shorelands of all public water in the city of Monticello as depicted on the official zoning map of the City of Monticello and the recreational river land use district as described in NR 2420. [E]COMPLIANCE: The use of any shoreland of public water; the size and shape of lots; the use, size, type, and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning or dredging of any shoreland area; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this chapter and other applicable regulations and ordin ances. Cons truct ion o f buil dings , priv ate wat er sup ply, and s ewage disposal systems and erection of signs shall require a permit unless otherwise expressly excluded by the requirements of this chapter. [F]ABROGATION AND GREATER RESTRICTION: 1.The provisions of Title 10, Zoning Ordinance, and zoning map of the City of Monticello, Minnesota, as revised and amended, of which this 27/3MONTICELLO ZONING ORDINANCE chapter is a part, are hereby incorporated by reference and shall be made as much a part of this ordinance as if the matter described were fully set out herein. 2.It is not otherwise intended by this overlay chapter to repeal, abrogate, or impair any existing deed restrictions or ordinances other than zoning to the extent specified in paragraph [F] above; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. [G]INTERPRETATION: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally constructed in favor of the City and shall not be deemed a limitation or re pe al of an y ot he r p ow er s g ra nt ed by Minnesota Statutes. [H]SEVERABILITY: The provisions of this chapter shall be severable, and the invalidity of any paragraph, sub-paragraph, or subdivision thereof shall not make void any other paragraph, sub-paragraph, subdivision or any other part. [I]DEFINITIONS: For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distance unless otherwise specified shall be measured ho ri zo nt al ly. 1.BOATHOUSE: A structure used solely for the storage of boats or boating equipment. 2.BUILDING LINE: That line measured across the width of the lot at the point where the main structure is placed in accordance with the setback provisions. 3.CLEAR-CUTTING: The removal of an entire stand of trees. 4.HARDSHIP: The property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowners is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic consideration alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. 5.LOT: A parcel of land designated by metes and bounds description, registered land survey, auditors plat, or other accepted means and separated from other parcels or portions by said description or the purposes of sale, lease, or separation thereof. For the purposes of these regulations, a lot shall be considered to be an individual building site which shall be occupied by not more than one principal structure equipped with sanitary facilities. 27/4MONTICELLO ZONING ORDINANCE 6.ORDINARY HIGH WATER: 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 predominantly aquatic to predominantly terrestrial. 7.PLANNED UNIT DEVELOPMENT: A type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources. 8.PLANNING AGENCY: The Planning Commission or planning de pa rt me nt as cr ea te d b y th e m un ic ip al it y. 9.PUBLIC WATERS: Any waters of the state which serve a beneficial public purpose as defined in Minnesota Statutes 1976, Section 105.37, Subdivision 6. 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 purposes of these regulations. A body of water created by a private user where there was no previous shoreland as defined herein for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of these regulations. The of ficia l dete rmina tion of the size and ph ysical li mits of drai nage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowage shall be the areas listed in the Division of Water Bulletin 25, and Inventory of Minnesota lakes; or in the event that lakes, ponds, or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in co op er at io n w it h t he mu ni ci pa li ty. 10.SETBACK: 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, highway, or property lines. 11.SHORELAND: Land located within the following distances from public water: (a)1,000 feet from the ordinary high water mark of a lake, pond, or flowages. (b)Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on 27/5MONTICELLO ZONING ORDINANCE such river or stream, 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 as shown on the official zoning map of the City of Monticello. (c)The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Regulations NR 2400-2420. 12.SUBDIVISION: Improved or unimproved land or lands which are divided for the purposes of ready sale or lease, or divided successively within a five (5) year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area, and which are under common ownership or control. 13.SUBSTANDARD USE: Any use of shorelands existing prior to the date of enactment of this ordinance 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 the ordinance. 27-2:DESIGNATION OF TYPES OF LAND USE In order to guide the wise development and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic values, and the general health, safety, and welfare in the city of Monticello, a shoreland management classification has been given by the Commissioner of Natural Resources, and uses of shoreland in these classes are hereby designated by land use districts, based on the compatibility of the designated type of land use with the shoreland management classification. [A]SHORELAND MANAGEMENT CLASSIFICATION SYSTEM: The public waters in the city of Monticello have been classified by the Commissioner of Natural Resources as "general development lakes and streams" which include the Mississippi River and Otter Creek. In addition, the Mississippi River has been designated as a "recreational" component of Minnesota's wild, scenic, and recreational rivers system. [B]SHORELAND OVERLAY DISTRICT: The shorelands of the city of Monticello are hereby designated as a shoreland overlay district. The purpose of the shoreland overlay district is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city of Monticello. 1.PERMITTED USES: All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. 27/6MONTICELLO ZONING ORDINANCE 2.CONDITIONAL USES: All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. 3.GENERAL PROVISIONS: The following standards shall apply to all shorelands of all public waters within the city of Monticello. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, th en th e m or e r es tr ic ti ve st an da rd s s ha ll ap pl y. GENERAL UNSEWERED AREA DEVELOPMENT WATERS Lot area (feet)20,000 Water frontage and lot width at a building line (feet) 100 Build ing set back fr om ord inary high water mark (feet) 75 Building setback from roads and highways (feet) 50 Federal/State/County 20 Municipal/Private Elevation of lowest floor above highest known water level (feet) 3 Building height limitation (feet) 35 Total lot area covered by impervious surface (%) 30 Sewage system setback from ordinary high water mark (feet) 50 Sewage system elevation above highest groundwater level or bedrock (feet) 4 GENERAL SEWERED AREA DEVELOPMENT WATERS All provisions for unsewered areas shall apply to sewered areas except for the following, which shall supersede the provisions applied to unsewered areas: 27/7MONTICELLO ZONING ORDINANCE Lot Area (feet): Waterfront lots 15,000 abutting public waters Other lots 12,000 not abutting public waters GENERAL SEWERED AREA DEVELOPMENT WATERS Lot Area (feet): Water frontage and lot width at building line (feet)80 Bu il di ng se tb ac k f ro m o rd in ar y high water mark (feet)50 [C]VEGETATIVE CUTTING PROVISIONS AND GRADING AND FILLING (Recreational River): 1.On lands within the building setback from the normal high water mark, the Mississippi River, and the portion of Otter Creek within the recreational land use district: (a)Clear-cutting except for any authorized public services such as roads and utilities shall not be permitted. (b)Selective cutting of trees in excess of four (4) inches in diameter at breast height is permitted provided that cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where t he ex isti ng tree c over h as been inter rupte d by large openings in the past, selective cutting should be performed so as to maintain a continuous tree cover in the remaining wooded areas. (c)The above cutting provisions shall not be deemed to prevent: i.The removal of diseased or insect infested trees or of rotten or damaged trees that present safety hazards; or ii.Pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops or cutting suppressed trees or trees less than four (4) inches in diameter at breast height. 27/8MONTICELLO ZONING ORDINANCE 2.Clear-cutting anywhere in wild, scenic, or recreational river land use districts is subject to the following standards and criteria: (a)Clear-cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are fragile and subject to in ju ry. (b)Clear-cutting shall be conducted only where clear-cut blocks, patches, or strips are in all cases shaped and blended with the natural terrain. (c)The size of clear-cut blocks, patches, or strips shall be kept at th e m in im um ne ce ss ar y. (d)Where feasible, all clear-cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear- cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the follo wing sp ring. 3.Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district. 4.Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree-clearing, and the destruction of natural amenities and shall be controlled by the local ordinance. 5.Grading and filling in of the topography shall also meet the following standards: (a)The smallest amount of bare ground is exposed for as short a time as feasible. (b)Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (c)Methods to prevent erosions and trap sediment are employed. (d)Fill is stabilized to accepted engineering standards. 6.Excavation of material from or filling in a recreational river or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes, Section 105.42. 27/9MONTICELLO ZONING ORDINANCE 7.No state or local authority shall authorize the drainage or filling in of wetlands within the recreational river land use district. [D]VEGETATIVE CUTTING, GRADING, AND FILLING (Other Public Waters): 1.The removal of natural vegetation shall be restricted to prevent erosion into the public 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: (a)Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water. (b)Clear-cutting of natural vegetation shall be prohibited. (c)Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface run-off and soil erosion. (d)The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. 2.Grading and filling in shoreland areas or any alterations of the natural topography where the slope of the land is toward a public water or wa te rc ou rs e l ea di ng to a p ub li c w at er mu st be au th or iz ed by a conditional use permit. The permit may be granted subject to the conditions that: (a)The smallest amount of ground is exposed for as short a time as feasible. (b)Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (c)Methods to prevent erosion and trap sediment are employed. (d)Fill is stabilized to accepted engineering standards. 3.Excavations on shorelands where the intended purpose is connection to a public water shall require a permit from the Zoning Administrator before construction is begun. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for work in the beds of public waters. [E]UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY CROSSINGS: All transmission services constructed within the Mississippi 27/10MONTICELLO ZONING ORDINANCE River recreational shoreland district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minnesota Regulations NR 70 (I) (2). No conditional use permit shall be required for high voltage transmission lines under control of the Environmental Quality Council pursuant to Minnesota Statutes, Section 1160.61. [F]PUBLIC ROAD, RIVER CROSSINGS: All new construction or reconstruction of public roads within the Mississippi River recreational shoreland district shall require a conditional use permit. Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Regulations NR 79 (J) (2). A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties. "Public Roads" include township, county, and municipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. [G]SANITARY PROVISIONS: Any public or private supply of water for domestic consumption purposes shall conform with the Minnesota Department of Health standards for water supply. No person, firm, or corporation shall install, alter, repair, or extend any private well without first obtaining the necessary permits from the County Sanitation Office. 28/1MONTICELLO ZONING ORDINANCE CHAPTER 28 ENFORCEMENT AND PENALTIES SECTION: 28-1:Enforcement 28-2:Penalty 28-1:ENFORCEMENT: This ordinance shall be administered and enforced by the Building Inspector who is hereby designated as the Zoning Administrator. The Building Inspector may institute in the name of the City of Monticello any appropriate actions or proceedings against a violator as provided by statute, charter, or ordinance. 28-2:PENALTY: Any person who violates any of the provisions of this ordinance shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) for each offense or imprisoned for not more than ninety (90) days or both. Each day that a violation is permitted to exist shall constitute a separate offense. 29/1MONTICELLO ZONING ORDINANCE CHAPTER 29 AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY LOCA TED WIT HIN T HE C ITY O F MO NTIC ELLO SECTION: 29-1:Purpose 29-2:Definitions 29-3:Moratorium 29-4:Effective Date 29-1:PURPOSE: The City of Monticello is presently conducting a planning study identified as "A Study for the Location of Adult Oriented Land Uses" (the study) for the purpose of considering adoption and/or amendment of official controls as defined in Minnesota Statutes, Section 462.352, Subdivision 15, including Chapters 3-16 of the Monticello Zoning Ordinance. In recognition of the documented secondary impacts that "Adult Oriented Land Uses" pose to the property values, minors, and nearby sensitive land uses, the City Council of the City of Monticello does determine that prior to the completion and implementation of the study, interim regulations are necessary. The official controls and amendments will consider, among other things, appropriate land use regulations relating to "Adult Oriented Land Uses" as defined below. The Study will consider regulations of zoning districts for the property identifie d as "Zoning Dist ricts AO, R -1, R-2, R-3, R-4, R-P UD, PZR, PZM, B-1 , B- 2, B-3, B-4, I-1, and I-2" as shown on the City of Monticello Zoning Map attached as Exhibit A to this ordinance. Therefore, in order to protect the planning process and the health, safety, and welfare of the citizens of the city of Monticello, it is necessary and desirable to impose the following moratorium pursuant to the authority granted by Minnesota Statutes, Section 462.355, Subdivision 4. 29-2:DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: [AA]ADULT BOOK STORE: Any building or structure which contains or is used for the display or sale of books, magazines, movie films, still pictures, and any and all other written materials, photographic material, novelties, devices, and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas," or an establishment with a segment or section devoted to the sale or display of such material. [AB]SPECIFIED SEXUAL ACTIVITIES: Specified Sexual Activities shall mean: 1.Acts of human masturbation, sexual intercourse or sodomy, or any ac ts of be st ia li ty. 29/2MONTICELLO ZONING ORDINANCE 2.Fondling or other erotic touching of human genitals, pubic region, buttock, or breast of either male or female. 3.Human genitals in a state of sexual stimulation or arousal. [AC]SPECIFIED ANATOMICAL AREAS: Specified Anatomical Areas shall mean: 1.Less than completely and opaquely covered: (a)human genitals, pubic region; (b)buttock; and (c)female breast below a point immediately above the top of the areola; and 2.Human male genitals in a discernibly turgid state, even if completely and opaquely covered. [AD]ADULT ENTERTAINMENT ESTABLISHMENT: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow a personal contact by employees, devices or equipment, or by personnel provided by the establishment, or viewing of a series of dance routines, strip performances, or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron to include, but not to be limited to, bath houses, massage parlors, and related or similar activities. [AE]ADULT THEATER: Any building or structure which is used for the viewing of performances or activities by others, whether such performances or activities are by others, whether such performances are in the form of live shows, motion pictures, slide shows or other forms of photographic or visual display, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as heretofore defined, or an establishment with a segment or section devoted to the sale or display of such material. 29-3:MORATORIUM: From the effective date of this ordinance to and including January 13, 1992, unless earlier terminated by resolution of the Monticello City Council, the City Council, Planning Commission, and the City of Monticello staff shall not accept any applications for or continue to process or act on any applications or requests for building permits, rezoning, conditional use permits, variances, plats, administrative subdivisions, or other land use approvals for land uses described in Section 29-2 above within the area identified in Section 29-1 above. 29-4:EFFECT IVE DATE: This ordin ance sh all be in ful l forc e and ef fect up on it s pass age and publication.(#202, 1/14/91) 30/1MONTICELLO ZONING ORDINANCE CHAPTER 30 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE APPROVAL OF CERTAIN ACCESSORY BUILDING PERMITS IN RESIDENTIAL ZONING DISTRICTS SECTION: 30-1:Intent 30-2:Exceptions 30-3:Temporary Prohibition 30-4:Effective Date 30-1:INTENT: This ordinance is intended to allow the City of Monticello time to study and adopt appropriate land use controls regulating the construction of a second accessory building on lots where one garage or accessory building already exists prior to app licat ion fo r the s econd such b uild ing. 30-2:EXCEPTIONS: This ordinance shall not apply to properties which have filed a valid application for a building permit prior to adoption of this ordinance by the City Council, nor shall it apply to properties in zoning districts other than R-1, R-2, or R-3 Districts. 30-3:TEMPORARY PROHIBITION: Pending the adoption of appropriate official controls, no building permit application for a second accessory building or second garage on a residentially zoned or residentially used property of less than 10,000 sq ft shall be accepted, processed, or approved. 30-4:EFFECTIVE DATE: This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or 45 days, whichever first occurs. (#282, 6/10/96) 31/1MONTICELLO ZONING ORDINANCE CHAPTER 31 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS PENDING COMPLETION OF A REDEVELOPMENT STUDY AND ASSOCIATED ZONING CODE AMENDMENTS WITHIN A DESIGNATED REDEVELOPMENT AREA IN TH E C ITY O F MO NTIC ELLO SECTION: 31-1:Intent 31-2:Authority and Purpose 31-3:Temporary Prohibition 31-4:Misdemeanor 31-5:Injunctive Relief 31-6:Separability 31-7:Effective Date 31-1:INTENT: It is the intent of this interim ordinance to allow the City of Monticello to complete review of the presently-existing ordinance sections related to commercial and residential development in a designated redevelopment area (Exhibit A) and make appropriate changes to the same in order to establish proper public and private land uses and to protect the value of residential and commercial properties within the city of Monticello, to ensure proper land use controls, and to facilitate compatibility between public, commercial, and residential land uses. 31-2:AU TH OR ITY AN D P UR PO SE : T he Ci ty C ou nc il is em po we re d b y Minnesota Statutes, Section 462.355, Subdivision 4, to pass an interim ordinance, applicable to all or a portion of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. 31-3:TEMPORARY PROHIBITION: For one year after the effective date of this ordinance, or until such earlier time as the Monticello City Council determines by resolution that the reasons for the moratorium no longer exist in general, or in particular circumstances, the City shall not receive, consider, and/or approve any application of any type of development within the redevelopment study area. 31-4:MISDEMEANOR: Any person, persons, firm, or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minnesota Statutes, Section 609.02, Subdivision 3, or as subsequently amended, plus costs of prosecution. 31-5:INJUNCTIVE RELIEF: In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. 31-6:SEPARABILITY: It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: if any Court of 31/2MONTICELLO ZONING ORDINANCE competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 31-7:EFFECTIVE DATE: This ordinance shall take effect from and after its passage and publication, and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the Monticello City Council. (#284, 11/25/96) 32/1MONTICELLO ZONING ORDINANCE CHAPTER 32 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE APPROVAL OF BUILDING PERMITS FOR HOMES THAT DO NOT MEET PROPOSED SINGLE FAMILY RESIDENTIAL STANDARDS WITH EXCEPTIONS SECTION: 32-1:Intent 32-2:Exceptions 32-3:Temporary Prohibition 32-4:Effective Date 32-5:Extension 32-1:INTENT: This ordinance is intended to allow the City of Monticello time to study and adopt appropriate land use controls regulating the construction of single family homes. 32-2:EXCEPTIONS: This ordinance shall not apply to homes with a square foot living area equ al to o r greate r than 960 sq uare fe et and have a t hree car garage con taini ng a total square footage of 640 square feet, and have a front facade treated with brick. Brick area to equal 15% or more of facade area. 32-3:TEMPORARY PROHIBITION: Pending the adoption of appropriate official controls, no building permit application for single family residential structures not meeting exemptions above shall be accepted, processed, or approved that do not meet proposed single family residential standards. 32-4:EFFECTIVE DATE: This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or 45 days, whichever first occurs. (#370, 1/28/02) 32-5 All platted lots of record as of April 8, 2002 will be allowed to construct homes meeting the requirements set forth in Section 32-2 provided a building permit for such lot is issued by August 1, 2002. (#372, 4/8/02) 1 REVISOR 6105.0110 6105.0110 ZONING DIMENSIONS. Subpart 1.Substandard lots.Lots of record in the office of the county register of deeds or registrar of titles on the effective date of enactment or amendment of the local land use ordinance,which do not meet the requirements of this part shall be allowed as building sites provided the proposed use is consistent with the local ordinance and the sanitary provisions,part 6105.0120,and the zoning dimension provisions,part 6105.0110, are complied with to the greatest extent practicable. If in a group of two or more contiguous lots under a single ownership any individual lot does not meet the lot width requirements of the local ordinance,such individual lot cannot be considered as a separate parcel of land for purposes of sale or development,but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land each meeting the lot width requirements of the local ordinance,or to the greatest extent practicable. Subp.2.Lot size.For lots platted or created by metes and bounds description,the minimum size shall be: A.for wild rivers,at least six acres in area,and at least 300 feet in width at the building line and at least 300 feet at the water line for lots abutting a wild river; B.for scenic rivers,at least four acres in area,and at least 250 feet in width at the building line and at least 250 feet at the water line for lots abutting a scenic river; C.for recreational rivers,at least two acres in area and at least 200 feet in width at the building line and at least 200 feet at the water line for lots abutting a recreational river. Smaller lot sizes may be permitted for planned cluster developments.See part 6105.0140. Subp.3.Structures.Structures: A.Density of dwelling units.The density of dwelling units shall not exceed one dwelling unit per lot. B.Setback.Structures,except signs specified in part 6105.0100,subpart 3, item N,essential services,private roads,and minor public streets,shall be placed so as to satisfy all setback requirements of subitems (1)to (3): (1)From the normal high water mark:wild river,200 feet;scenic river, 150 feet;recreational river,100 feet. (2)From a bluffline:wild river,40 feet;scenic river,30 feet;recreational river,20 feet. Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 REVISOR 6105.0110 (3)From tributaries designated in the management plan:wild river,100 feet;scenic river,100 feet;recreational river,100 feet. C.Placement of structures.Structures shall not be located on slopes greater than 13 percent unless such structures can be screened and sewage disposal system facilities can be installed so as to comply with the sanitary provisions in part 6105.0120. Where a floodplain ordinance exists,no structure shall be located in the floodway of a stream as defined in Minnesota Statutes,section 103F.111,subdivision 5,and furthermore shall be placed at an elevation consistent with any such applicable floodplain management ordinances.Where no floodplain ordinances exist,the elevation to which the lowest floor of a structure,including a basement,shall be placed,shall be determined after an evaluation of available flood information and shall be consistent with the statewide standards and criteria for management of floodplain areas of Minnesota. D.Structure height shall not exceed 35 feet. Statutory Authority:MS s 104.34;103F.321 Posted:June 11,2008 Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 REVISOR 6105.0100 6105.0100 USE WITHIN LAND USE DISTRICTS. Subpart 1.Nonconforming uses.All uses in existence prior to the effective date of enactment or amendment of the ordinance which do not conform to the use restrictions of the newly established land use district are nonconforming uses.Under the authority permitted by law,local authorities may adopt provisions to regulate and control,reduce the number or extent of,or gradually eliminate nonconforming uses.Local authorities shall provide for the gradual elimination of sanitary facilities inconsistent with part 6120.1300,subpart 3,items B,C,and E over a period of time not to exceed five years from the date of enactment of the local ordinance. Subp.2.Substandard uses.All uses in existence prior to the effective date of enactment or amendment of the ordinance which are permitted uses within the newly established land use district,but do not meet the minimum lot area,setbacks,or other dimensional requirements of the ordinance are substandard uses.All substandard uses, except for substandard signs,shall be allowed to continue subject to the following conditions and exceptions: A.Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be allowed. B.Each local authority shall provide for the gradual amortization of substandard signs over a period of time not to exceed five years from the enactment or amendment of the ordinance. Subp.3.Permitted and conditional uses.In the following table of uses P means permitted use,C means conditional use,and N means nonpermitted use. Certain of the following uses are subject to the zoning dimension provisions and sanitary provisions in parts 6105.0110 and 6105.0120.All of the following uses are subject to the vegetative cutting provisions and the grading and filling provisions in parts 6105.0150 and 6105.0160. Land Use Districts Wild River Scenic River Rec. River A.Governmental campgrounds,subject to management plan specifications.N P P B.Private campgrounds,subject to management plan specifications.N C C Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 REVISOR 6105.0100 C.Public accesses,road access type with boat launching facilities subject to management plan specifications.N P P D.Public accesses,trail access type,subject to management plan specifications.P P P E.Temporary docks.C C P F.Other governmental open space recreational uses,subject to management plan specifications.P P P G.Other private open space recreational uses, subject to management plan specifications.C C C H.Agricultural uses.P P P I.Single family residential uses.P P P J.Forestry uses.P P P K.Essential services.P P P L.Sewage disposal systems.P P P M.Private roads and minor public streets.P P P N.Signs approved by federal,state,or local government which are necessary for public health and safety and signs indicating areas that are available,or not available,for public use.P P P O.Signs not visible from the river that are not specified in N.P P P P.Governmental resource management for improving fish and wildlife habitat;wildlife management areas;nature areas;accessory roads.P P P Q.Underground mining that does not involve surface excavation in the land use district.C C C R.Utility transmission power lines and pipelines,subject to the provisions of parts 6105.0170 and 6105.0180.C C C S.Public roads,subject to the provisions in parts 6105.0190 and 6105.0200.C C C Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 REVISOR 6105.0100 All uses not listed as permitted or conditional uses shall not be allowed within the applicable land use district. Statutory Authority:MS s 104.34 Posted:June 11,2008 Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 REVISOR 6120.3200 6120.3200 CRITERIA FOR LAND USE ZONING DISTRICT DESIGNATION. Subpart 1.Criteria.The land use zoning districts established by local governments must be based on considerations of: A.preservation of natural areas; B.present ownership and development of shoreland areas; C.shoreland soil types and their engineering capabilities; D.topographic characteristics; E.vegetative cover; F.in-water physical characteristics,values,and constraints; G.recreational use of the surface water; H.road and service center accessibility; I.socioeconomic development needs and plans as they involve water and related land resources; J.the land requirements of industry which,by its nature,requires location in shoreland areas;and K.the necessity to preserve and restore certain areas having significant historical or ecological value. Subp.2.Designation of zoning districts.Local governments with adopted land use zoning districts in effect on the date of adoption of parts 6120.2500 to 6120.3900 may continue to use the districts until revisions are proposed.When amendments to zoning districts on lakes are considered,local governments,at least for all the shoreland within the community of the public water involved and preferably for all shoreland areas within the community,must revise existing zoning district and use provisions to make them substantially compatible with the framework in subpart 4.On a river,zoning districts and use provisions for all shoreland on both sides within the same class in the community must be revised to make them substantially compatible with the framework in subpart 5.If the same river class is contiguous for more than a five-mile segment,only the shoreland for a distance of 2.5 miles up and down stream or to the class boundary,if closer,need be evaluated.When an interpretation question arises about whether a specific land use fits within a category in subpart 4 or 5,the question must be resolved through procedures in local government official controls and state statutes. Subp.3.Land use district descriptions.Land use district descriptions are as follows: Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 REVISOR 6120.3200 A.A special protection district is intended to be used for two basic purposes. The first purpose is to limit and properly manage development in areas that are generally unsuitable for development or uses due to flooding,erosion,limiting soil conditions,steep slopes,or other major physical constraints.A second purpose is to manage and preserve areas with special historical,natural,or biological characteristics. B.A residential district is primarily intended to allow low to medium density seasonal and year-round residential uses on lands suitable for such uses.It is also intended to prevent establishment of various commercial,industrial,and other uses in these areas that cause conflicts or problems for residential uses.Some nonresidential uses with minimal impacts on residential uses are allowed if properly managed under conditional use procedures. C.A high density residential district is intended for use on lands with heterogeneous mixes of soils,vegetation,and topography that are not well suited to residential development using standard,lot-block subdivisions.This approach enables such areas to be developed,often even with higher than lot-block densities,while also avoiding and preserving unsuitable terrain and soils.Other compatible uses such as residential planned unit development,surface water-oriented commercial,multiple unit single-family,parks,historic sites,and semipublic,are also allowed,primarily as conditional uses. D.A water-oriented commercial district is intended to be used only to provide for existing or future commercial uses adjacent to water resources that are functionally dependent on such close proximity. E.A general use district is intended to be used only for lands already developed or suitable for development with concentrated urban,particularly commercial,land uses. It should not generally be used on natural environment lakes or remote river classes. Several other intensive urban uses such as industrial and commercial planned unit development are allowed in this district if handled as conditional uses. Subp.4.Shoreland classifications and uses;lakes.For the lake classes,districts, and uses in this subpart,P =permitted uses,C =conditional uses,and N =prohibited uses. A.Lake classes in special protection districts. Uses General development Recreational development Natural environment Forest management P P P Sensitive resource management P P P Agricultural:cropland and pasture P P P Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 REVISOR 6120.3200 Agricultural feedlots C C C Parks and historic sites C C C Extractive use C C C Single residential C C C Mining of metallic minerals and peat P P P B.Lake classes in residential districts. Uses General development Recreational development Natural environment Single residential P P P Semipublic C C C Parks and historic sites C C C Extractive use C C C Duplex,triplex,quad residential P P C Forest management P P P Mining of metallic minerals and peat P P P C.Lake classes in high density residential districts. Uses General development Recreational development Natural environment Residential planned unit developments C C C Single residential P P P *Surface water oriented commercial C C C Semipublic C C C Parks and historic sites C C C Duplex,triplex,quad residential P P P Forest management P P P D.Lake classes in water-oriented commercial districts. Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 4 REVISOR 6120.3200 Uses General development Recreational development Natural environment Surface water-oriented commercial P P C **Commercial planned unit development C C C Public,semipublic C C C Parks and historic sites C C C Forest management P P P E.Lake classes in general use districts. Uses General development Recreational development Natural environment Commercial P P C **Commercial planned unit development C C C Industrial C C N Public,semipublic P P C Extractive use C C C Parks and historic sites C C C Forest management P P P Mining of metallic minerals and peat P P P *As accessory to a residential planned unit development **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of part 6120.3800,subpart 2,are satisfied Subp.5.Shoreland classifications and uses;rivers.For the river classes,districts, and uses in this subpart,P =permitted uses,C =conditional uses,and N =prohibited uses. A.River classes in special protection districts. Uses Re- mote For- ested Trans- ition Agri- cultural Urban Tribu- tary Forest management P P P P P P Sensitive resource management P P P P P P Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 REVISOR 6120.3200 Agricultural:cropland and pasture P P P P P P Agricultural feedlots C C C C C C Parks and historic sites C C C C C C Extractive use C C C C C C Single residential C C C C C C Mining of metallic minerals and peat P P P P P P B.River classes in residential districts. Uses Re- mote For- ested Trans- ition Agri- cultural Urban Tribu- tary Single residential P P P P P P Semipublic C C C C C P Parks and historic sites C C C C C P Extractive use C C C C C C Duplex,triplex,quad residential C C C C P C Forest management P P P P P P Mining of metallic minerals and peat P P P P P P C.River classes in high density residential districts. Uses Re- mote For- ested Trans- ition Agri- cultural Urban Tribu- tary Residential planned unit developments C C C C C C Single residential P P P P P P *Surface water oriented commercial C C C C C C Semipublic C C C C C C Parks and historic sites C C C C C C Duplex,triplex,quad residential P P P P P P Forest management P P P P P P D.River classes in water-oriented commercial districts. Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 6 REVISOR 6120.3200 Uses Re- mote For- ested Trans- ition Agri- cultural Urban Tribu- tary Surface water-oriented commercial C C C C C C **Commercial planned unit development C C C C C C Public,semipublic C C C P P P Parks and historic sites C C C C C C Forest management P P P P P P E.River classes in general use districts. Uses Re- mote For- ested Trans- ition Agri- cultural Urban Tribu- tary Commercial C C C C P C **Commercial planned unit development C C C C C C Industrial N C N N C C Public,semipublic C C C C P C Extractive use C C C C C C Parks and historic sites C C C C C C Forest management P P P P P P Mining of metallic minerals and peat P P P P P P *As accessory to a residential planned unit development **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of part 6120.3800,subpart 2,are satisfied Statutory Authority:MS s 105.485 History:13 SR 3029 Posted:June 11,2008 Copyright ©2009 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Planning Commission Agenda- 03/06/12 5. Continued Public Hearing — Consideration to amend Monticello Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello and Monticello Zoning Ordinance Chapter 3, Section 7 for the adoption of Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District. (AS) A. REREENCE & BACKGROUND As part of the 2010/2011 comprehensive Zoning Ordinance amendment process, which was undertaken specifically to support the adopted 2008 Comprehensive Plan, the City commenced the revision of existing Mississippi Wild, Scenic & Recreational regulations and the drafting of new Shoreland ordinances. The ordinances become overlay districts to the base zoning districts and act as a second layer of regulation for properties lying within the boundaries of the overlay districts. The boundaries of the districts are set by State statute. State regulations also require that the Department of Natural Resources review and certify the Shoreland and Wild & Scenic provisions of the Zoning Ordinance. This is due to the relationship of the City codes to State statute. The ordinances presented to the Commission are intended to meet both the state's requirements for both Shoreland and Mississippi Wild & Scenic management, but also further the City's development goals as outlined in the Monticello Comprehensive Plan. Early in the revision and drafting process, staff met with the City's regional DNR representative, Roger Stradal, to develop a better understanding of existing template ordinances and the process for revision and adoption of new ordinances. Mr. Stradal has aided the City in developing the ordinances consistent with statutes. At this time, the City has received final comment from the DNR on both the Mississippi Wild, Scenic & Recreational ordinance and the Shoreland ordinances. The ordinances presented for Planning Commission recommendation incorporates any and all comments as recommended by the Department of Natural Resources. During the February 21St, 2012 meeting, the Planning Commission reviewed the Mississippi Wild, Scenic and Recreational River District ordinance. Staff has provided the ordinance with this packet for additional review and question, as well as the summary from the previous staff report below. Mississippi Wild, Scenic & Recreational River (MWSRR) District — Overview The current ordinance for the MWSRR, Chapter 27 of the Zoning Ordinance, is a combination of regulations pertaining to both the Wild & Scenic provisions and Shoreland areas. The proposed ordinances now separate the two areas as required by statute and DNR recommendations. Minnesota rules also require that Monticello enact or amend such ordinances and maps for the Mississippi Wild & Scenic area as necessary to: A. establish a recreational river land use district as identified on the land management maps, plates 1 to 9 in part 6105.0950 and the land use district property descriptions; B. adopt the general development standards for land within the recreational river land use districts in accordance with the provisions of parts 6120.2600 to 6120.3900, as applicable, except that marinas shall not be allowed; and C. conform to the provisions and administrative procedures of parts 6105. 00 10 to 6105.0070; and 6105.0150 to 6105.0250. Monticello's portion of the Mississippi River has been defined by the State as "Recreational". The City is then required to adopt local regulations consistent with standards for "Recreational" river areas. Specifically, the draft Mississippi Wild & Scenic ordinance outlines: Allowable uses via City's use table (Chapter 5), in accordance with MN Rules Minimum standards for lots, including area and setbacks o Commission will note that the lot area and setback are generally consistent with the ranges provided for the R -A and R-1 districts, with larger area requirements for riparian lots and larger setback requirements at the shoreline. o Both sewered and unsewered provisions are included, as there may be cases in which recently annexed properties with private systems require development require under these regulations. • Maximum impervious surface requirements • Additional performance standards for density, structure placement and stormwater management • Limitations for clear -cutting and grading within the overlay district o This City receives assistance in the administration and enforcement of these regulations from the Wright County Soil & Water District and the local DNR Conservation Officer. • Process for development and agency action The ordinances provide the City with a set of regulations for governing development within the boundary of the MWS area and meet the statutory requirements outlined. Shoreland District - Overview As noted above, Chapter 27 of the Zoning Ordinance is currently a combination of regulations pertaining to both the Wild & Scenic provisions and Shoreland areas. The proposed ordinances now separate the two areas as required by statute and DNR recommendations. Specifically related to the Shoreland ordinance, State statutes require that local governmental units adopt their own land use controls to provide for the orderly development and protection of Minnesota's rivers and lakes. The ordinance was developed recognizing that Minnesota DNR statewide minimum shoreland standards apply to all lakes greater than 25 acres, 10 acres in municipalities, and rivers with a drainage area two square miles or greater. The standards, set by both statute and rule apply to the use and development of shoreland within 1,000 feet of a lake and 300 feet of a river and its designated floodplain. The Mississippi River is essentially governed by the MWSRR ordinances, while any "public waters" as classified by the DNR will be governed primarily by the Shoreland ordinances. Currently, the City of Monticello municipal boundary area includes only one defined "public water" in addition to the Mississippi. That is the wetland located between the Groveland neighborhood and Trunk Highway 25. In summary, the proposed Shoreland ordinance includes the following: Procedure for permitting and review in shoreland areas o Planned Unit Developments are subject to the review and comment of the DNR Shoreland classifications, both lake and river/streams o Classifications are completed by the DNR Allowable uses via City's use table (Chapter 5), in accordance with MN Rules o It should be noted that commercial and industrial uses are allowed as either conditional or permitted uses in "General Use" districts. Staff is seeking confirmation from the DNR on whether the City's specific zoning district classifications should be enumerated within the code (B, I and CCD districts, for example). Staff is also seeking clarification on minimum lot standards for such uses. (The only reference to standards for such uses is in section 3.7(F)(e) and only references setback requirements. Minimum standards for lots, including area and setbacks o Commission will note that the lot area is generally consistent with the ranges provided for the R -A and R-1 districts, with larger area requirements and setback requirements for sewered lakeshore properties within the shoreland district and larger lot area and width requirements for unsewered non-lakeshore properties. o Both sewered and unsewered provisions are included, as there may be cases in which recently annexed properties with private systems require development require under these regulations. • Regulations for shoreland alterations, including grading • Standards for public infrastructure o This provision was referenced in the February 21St meeting. The standards provide flexibility for the City to site such facilities with appropriate attention to mitigation measures and prevention of erosion. • Stormwater management o Currently, the ordinance sets a maximum impervious surface requirement of 25%. Staff has questioned this baseline for possible increase. Definitions — Overview The definitions section of the ordinance has been included in its entirety, including proposed amendments. The Commission will note that there are a small number of new definitions that have been added pertaining to MWSRR and Shoreland provisions. In addition, minor revisions have been made to certain terms throughout the section as noted. Corresponding Zoning Map Amendments — Overview With the adoption of the Mississippi Wild, Scenic & Recreational River and Shoreland Overlay Districts, the City is required to include the boundaries of the districts on its Official Zoning Map. With the adoption of the new ordinance in January of 2011, the City incorporated the statutorily defined boundaries for the Mississippi Wild & Scenic districts on the Official Zoning Map. In addition, Item 5 of this agenda further includes the definition of the Shoreland boundary. This boundary is set by statute and will not change with any comment on the ordinances themselves. By adopting the Official Zoning Map with Item 5, the City will be acting to adopt the official mapping for both districts, as required. The City will include the official mapping of public water 86-393W (Groveland wetland) with an upcoming amendment to the zoning map. B. ALTERNATIVE ACTIONS Motion to adopt resolution 2012-022, recommending approval of Ordinance #545, for adoption of Title 10, Chapter 3, Section 7 (E), Mississippi Wild, Scenic, and Recreational River System, Chapter 3, Section 7 (F), Shoreland District and amendments to Chapter 8, Section 4, Definitions, and the repeal of Monticello Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello. 2. Motion to table action on the amendment to April 6th, 2012, to allow for additional review and clarification. C. STAFF RECONEMENDATION Staff recommends approval of the Mississippi Wild, Scenic & Recreational River District and Shoreland standards as drafted, subject to clarification on two primary standards: 3.7(F)(d)(ii): Maximum impervious surface requirement of 25%. Staff has questioned this baseline for possible increase. 3.7(f)(e)((i)(2): Required lot area and width for commercial and industrial uses requires clarification. The ordinances presented are based in large part on the required statutes and rules of the State of Minnesota for public waters. Staff's recommendation is based on findings contained in the supporting resolution, 2012-022. D. SUPPORTING DATA Exhibit A: Resolution 2012-022 Exhibit B: Ordinance #545 Exhibit C: Text: Draft Monticello Zoning Ordinance Chapter 3.7(F) — Mississippi Wild, Scenic & Recreational River District Exhibit D: Text: Draft Monticello Zoning Ordinance Chapter 3.7(E) — Shoreland District Exhibit E: Classified Shoreland Areas within 1 mile of City Boundary Exhibit F: Text: Draft Monticello Zoning Ordinance Chapter 8.4(f) - Definitions Exhibit G: Monticello Zoning Ordinance Chapter 27, Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello Exhibit H: 2012 City of Monticello Zoning Map Exhibit I: Mississippi Wild & Scenic Regulations — State References Minnesota Rules: 6105.0110 Zoning Dimensions 6105.0100 Use Within Land Use Districts • hg2://www.dnr.state.mn.us/tivaters/watennemt section/wild scenic/w srivers/mississippi ndes.html Exhibit J: Shoreland Regulations — State References 6120.3200 DNR Shoreland Management Guide, online resource • http://www.dnr.state.mn.tts/waterslwatennQmt section/shoreland/inde x. html • http•//www.dni,.state.mn.uslpermits/waterlanswers.httnl#dock Planning Commission Agenda – 03/06/12 1 6. Consideration of a request for a Rezoning from I-2, Heavy Industrial to B-2, Limited Business District. Applicant: Quarry Church. (NAC) Property: Legal: Lot 1, Block 2, Oakwood Industrial Park Address: 100 Chelsea Road The subject site is located at the southeast quadrant of Oakwood Drive and Chelsea Road Planning Case Number: 2012-002 REFERENCE & BACKGROUND Request(s): Rezoning the subject parcel from I-2, Heavy Industrial to B-2, Limited Business Deadline for Decision: (60 days) Land Use Designation: “Places to Shop” Zoning Designation: I-2, Heavy Industrial The purpose of the I-2, Heavy Industrial District is to provide for the establishment of heavy industrial and manufacturing development and use which because of the nature of the product or character of activity requires isolation from residential or commercial use. Current Site Use: The 3.7 acre site is occupied by several structures all of which relate to a former lumberyard use. The property is presently unoccupied. Surrounding Land Uses: North: Former bowling alley (presently owned by the City), zoned I-1, Light Industrial East: Office/Industrial use, zoned I-2, Heavy Industrial South: Manufacturing use, zoned I-2, Heavy Industrial West: Vacant, zoned B-4, Regional Business Planning Commission Agenda – 03/06/12 2 Project Description: The applicants wish to rezone the property to match its guided commercial land use designation (“Places to Shop”). The former lumberyard buildings are presently unoccupied. The applicants expect to occupy the property with church administrative offices in the near term, eventually moving their worship and other activities to property over time. Requirements for Zoning Amendments Chapter 2.4 B (5) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria: (a) Whether the proposed amendment corrects an error in the original text or map; or (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the Comprehensive Plan. The subject site is guided for commercial use and more specifically, “Places to Shop”. Such guided land use designation is not consistent with the site’s present I-2, Heavy Industrial zoning designation. In this regard, the rezoning would be consistent with the goals and objectives of the City’s Comprehensive Plan (by correcting an existing zoning inconsistency). According to the Comprehensive Plan, “Places to Shop” designate locations that are or can be developed with businesses involved with the sale of goods and services. “Places to Shop” also guide land uses that are both local and regional in nature and may include offices for service businesses. Future Site Development As previously noted, the applicants expect to occupy the site as a church facility, beginning by moving their administrative office functions to the property. If the requested rezoning is approved, future use of the site must be consistent with the provisions of the B-2, Limited Business zoning district. The purpose of the B-2 district is to provide for low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The Planning Commission Agenda – 03/06/12 3 uses allowed in the district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. In the B-2 District, both offices and “places of public assembly” such as church worship centers are permitted uses. Future development (redevelopment) of the site will be subject to site and building plan review procedures. In the regard, future development plans will be subject to review and recommendation by the Planning Commission and approval by the City Council. ALTERNATIVE ACTIONS Decision 1: Resolution of Recommendation for 1. Motion to approve Resolution 2012-23 recommending that the City Council approve a zoning ordinance amendment rezoning the subject property from I-2, Heavy Industrial to B-2, Limited Business, based on findings of fact in said Resolution. 2. Motion to deny Resolution 2012-023, based on findings of fact identified and recorded at the public hearing. 3. Motion to table action on the request for further study. STAFF RECOMMNDATION Staff recommends approval of the requested rezoning. As noted in the report narrative, the rezoning of the subject property from industrial to commercial is consistent with the goals and objectives of the City’s Comprehensive Plan (which directs commercial use of the site). SUPPORTING DATA A. Resolution 2012-023 B. Official Land Use Map C. Official Zoning Map CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2012 –023 Date: March 6, 2012 Resolution No. 2012-023 Motion By: Seconded By: A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF MONTICELLO BY REZONING THE PARCEL IDENTIFIED IN ATTACHMENT “A” FROM “I-2”, HEAVY INDUSTRIAL DISTRICT TO “B-2”, LIMITED BUSINESS DISTRICT. WHEREAS, the City of Monticello has adopted a zoning map dividing the City into separate land use districts; and WHEREAS, the Zoning Map of the City of Monticello is to reflect the official land use goals, policies, and directions of the City’s Comprehensive Plan; and WHEREAS, the Planning Commission has conducted a public hearing on March 6, 2012 to receive public comment on the proposed amendments to the Zoning Map; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The amendment is consistent with the intent of the Comprehensive Plan. 2. The amendment will accommodate the proposed future use of the property. 3. The proposed B-2 zoning district zoning requirements can be met on the property by uses listed in that district. 3. The amendment will result in a zoning pattern that reflects the intent and direction of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: The Planning Commission recommends that the City Council adopt the amendment to the Monticello Zoning Map as presented. ADOPTED this 6th day of March 2012, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: _______________________________ Rod Dragsten, Chair ATTEST: ___________________________________ Angela Schumann, Community Development Director EXHIBIT A – LEGAL DESCRIPTION The property to be rezoned by Monticello Planning Commission Resolution 2012 - 23 is legally described as follows: Legal to be inserted £¤10 £¤10 Æÿ25 !(14 !(11 !(43 !(50 !(68 !(5!(81 §¨¦ 94 Æÿ25 !(75 !(18 !(117 !(3 9 !(106 !(37!(1 3 1 0 0.5 10.25 Miles- November 1, 2011Data Source: MnDNR, Sherburne County, Wright County, and WSB & Associates. Land Use Plan Legend Places to Live Places to Shop Places to Work Places to Recreate Places for Community Downtown Mixed Use Interchange Planning Area Urban Reserve Infrastructure Rivers and Streams Public Waters Inventory Wetlands (National & Public Waters Inventories) Potential Greenway Potential Interchange Future Bridge Existing Arterial or Collector Road Proposed Arterial or Collector Road Powerline Monticello City Boundary Orderly Annexation Area Amended by City Council Resolution 2011-92, September 26, 2011 Planning Commission Agenda: 3/06/12 1 7. Community Development Director’s Report. (AS) CCD Ordinance Rewrite The ad hoc task force is meeting prior to the regular Planning Commission meeting on March 6th at 4:30 PM to review first draft ordinance materials. Foreclosure Data Attached is a report prepared by Housing Link for a group of Minnesota housing partners. The report details 2011 foreclosure information statewide by county, including 2010 to 2011 comparisons. The report indicates that Wright County continues to be one of the leading counties in terms of foreclosures in 2011 as a percentage of residential parcels. However, the overall number of foreclosures in the county is declining. The report also provides a very informative section on the mechanics of the foreclosure process. Also attached is the year-end 2011 Sheriff’s sale map. Sheriff’s sales have remained relatively level from 2009-2011 due to the foreclosures of lots held by developers – these include Carlisle Village in 2009/2010 and the finalization of bank action against Hunters Crossing in 2011 (which is shown on the year-end 2011 map). Using the City’s 2010 Housing Study as a baseline, the community has 4,451 built and buildable residential parcels. The 2011 Sheriff’s Sale data includes 141 residential parcels (including the Hunters Crossing units), which accounts for 3% of total available residential lots. It is important to note (as is stated in the Housing Link report), that not all Sheriff’s sale properties end up in final foreclosure, so Monticello’s actual foreclosure rate is likely lower than 3% overall. Subdivision Ordinance Amendment Staff is working on a scope of work for the updating of the subdivision ordinance. Staff intends to submit the scope of work to the Planning Commission in April for review. It is staff’s intention to work with MFRA on the revision in order to maintain consistency between the zoning ordinance and subdivision ordinance. Training Opportunities for Local Officials GTS Educational Events (formerly Government Training Services) is offering a series of Land Use Planning Workshops in various Minnesota locations designed especially for citizen planners (elected & appointed) and planning staff. Sessions will be presented in March- October, 2012. The following two-hour, half-day and full-day sessions will be offered:  Basics of Planning & Zoning (full day)  Beyond the Basics of Planning & Zoning (full day)  Your Role as Planning Commission Member (half-day) Planning Commission Agenda: 3/06/12 2  Your Role as Planning Commission Member (2-hour videoconference with access points in Roseville, Rochester and St. Cloud)  Advanced Planning & Zoning for Professional Planners (half-day) - Application for AICP CM credits in process!  Urban Agriculture: A Farm in the City? (2-hour session)  A "Practical" Guide to Variances in Shorelands & Floodplains (half-day)  Healthy Watersheds, Healthy Communities (half-day)  Preparing for the Upturn During the Downturn (half-day)  Home Occupations: A Growing Concern (half-day)  Housing Choices for Your Community (half-day)  Planning & Zoning for Solar and Small Wind Energy (2-hour session) To access a complete brochure and on-line registration, just click on the link below to guide you to the appropriate section of the GTS website. You can also check out their website www.mngts.org for on-going updates. Please let me know if you would like to attend any of these sessions. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sale Data February 10, 2012 Published by: Prepared by: 275 Market Street Suite 509 Minneapolis, MN 55405 Telephone: 612-522-2500 Facsinile: 612-521-1577 www.housinglink.org About the Minnesota Homeownership Center Recognized nationally as a model of home ownership and foreclosure prevention programming, the Minnesota Homeownership Center convenes a network of 50 community-based nonprofit, government and tribal organizations to deliver homeownership education and foreclosure prevention services to low- and moderate-income households throughout Minnesota. Learn more at www.hocmn.org. About Greater Minnesota Housing Fund The Greater Minnesota Housing Fund is a private, nonprofit organization whose mission is to strengthen families and communities in greater Minnesota through the creation and preservation of affordable housing. Learn more at www.gmhf.com. About Minnesota Housing Minnesota Housing finances and advances affordable housing opportunities for low- and moderate- income Minnesotans to enhance quality of life and foster strong communities. Learn more at www.mnhousing.gov. About Family Housing Fund The Family Housing Fund is a nonprofit organization whose mission is to provide safe, affordable, sustainable homes to families and children in the Twin Cities metropolitan area through ongoing partnerships with the public and private sector. Learn more at www.fhfund.org. About HousingLink HousingLink is a primary distributor of affordable housing information to service agencies, housing providers, and policy workers in the Twin Cities metropolitan area and selected regions in Greater Minnesota. Learn more at www.housinglink.org. All rights reserved. © Copyright 2012. Table of Contents Minnesota Foreclosure Figures Figure 1: Seven-Year History of Minnesota Foreclosures……………………………………………... 1 Figure 2: Map of MN Foreclosures by County, 2011………………………………………………. 2 Figure 3: Map of MN Foreclosure Rates by County, 2011…………………………………………... 3 Figure 4: MN County Foreclosure Counts, 2010-2011 (sorted by county)………………………….. 4 Figure 5: MN County Foreclosure Counts, 2010-2011 (sorted by 2011 total)………………………. 6 Figure 6: MN County Foreclosure Rates, 2010-2011 (sorted by county)……………………………. 8 Figure 7: MN County Foreclosure Rates, 2010-2011 (sorted by 2011 rate)…………………………. 10 Study Purpose and Objectives……………………………………………………………………... 12 Methodology…………………………………………………………………………………………. 12 Overview of the foreclosure process…………………………………………………………………...12 Sheriff’s Sale Records………………………………………………………………………………… 14 Data Collection……………………………………………………………………………………… 14 Foreclosure Rate Metric……………………………………………………………………………… 14 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 1 Seven-Year History of Minnesota Foreclosures There were 21,298 foreclosures in Minnesota in 2011, which is down 17% from 2010 and the lowest statewide total in four years. However, the total number of foreclosures stubbornly remains above the 20,000 mark, a figure which is over three times the number of annual foreclosures in 2005, the first year these numbers were compiled. Figure 1 The following pages include additional figures and appendices detailing foreclosures in Minnesota. They include: 2011 Foreclosure Counts Map A map of Minnesota representing total foreclosures by county in 2011. p.2 2011 Foreclosure Rates Map A map of Minnesota representing foreclosure rate (in percent) by county in 2011. p.3 2010 – 2011 Foreclosure Counts Data Tables detailing foreclosure counts from 2010 and four quarters of 2011, sorted by county and 2011 total. p.4-7 2010 – 2011 Foreclosure Rates Data Tables detailing foreclosure rates from 2010 and four quarters of 2011, sorted by county and 2011 rate. p.8-11 More Minnesota foreclosure information and historical data can be found online at www.hocmn.org or www.housinglink.org 0 5000 10000 15000 20000 25000 30000 2005200620072008200920102011 Minnesota 7 County Metro Greater MN St. Louis516 Wright747 Dakota1985Scott744 Anoka2015 Hennepin4953 Sherburne613 Ramsey2078 Itasca121 Lake27 Cass123 Polk34 Beltrami63 Aitkin71 Pine174 Cook4 Koochiching22 Otter Tail146 Clay85 Roseau32 Marshall13 Becker75 Todd77 Stearns340 Kittson1 Swift17 Lyon40 Pope29 Morrison109 Renville22 Wilkin6 Carlton116 Hubbard74 Rice268 Martin43 Norman7 Mower155 Fillmore42 Murray13 Nobles29 Grant15 Sibley57 Brown67 Rock13 Redwood17 Meeker94 Jackson11 Winona83 Douglas126 Goodhue170 Isanti317 Faribault32 Freeborn129 Olmsted356 Lincoln9 Blue Earth174 Stevens3 Steele141 Dodge77 Houston23 McLeod178 Nicollet59 Wabasha58 Chippewa28 Benton128 Cottonwood20 Pennington13Red Lake2 Clearwater12 Lake of the Woods9 Kandiyohi98 Wadena45 Traverse6 Mille Lacs193Kanabec113 Lac qui Parle12 Waseca50 Carver331 Big Stone10 Chisago366 Mahnomen8 Le Sueur129 Yellow Medicine16 Pipestone14 Watonwan24 0 50 10025 Miles by County Total Foreclosures 0 - 50 (n = 40) 51 - 150 (n = 25) 151 - 250 (n = 6) 251 - 500 (n = 7) 501 - 1,000 (n = 4) 1,001 - 2,500 (n = 4) > 2,501 (n = 1) Minnesota Foreclosures in 2011 Actual number of foreclosures is indicated along with each county name Data Source: County reported sheriff's sales 2011 Foreclosures in Minnesota: A Report Based on County Sheriff's Sale Data Funded by: MN Homeownership Center, Greater MN Housing Fund, Family Housing Fund, & MN Housing « Figure 2 Washington1075 Page 2 2011 Foreclosures in Minnesota: A Report Based on County Sheriff's Sales Data (February 10, 2012)Minnesota Homeownership Center (651) 659-9336 Crow Wing358 Cass123 Pine174 Rice268 Wright747 Mower155 Meeker94 Goodhue170 Dakota1985 Isanti317 Freeborn129 Scott744 Steele141 Anoka2015 Dodge77 McLeod178 Benton128 Mille Lacs193 Hennepin4953 Kanabec113 Carver331 Chisago366 Le Sueur129 Sherburne613 Ramsey2078 St. Louis516Itasca121 Lake27 Polk34 Beltrami63 Aitkin71 Cook4 Koochiching22 Otter Tail146 Clay85 Roseau32 Marshall13 Becker75 Todd77 Stearns340 Kittson1 Swift17 Lyon40 Pope29 Morrison109 Renville22 Wilkin6 Carlton116 Hubbard74 Martin43 Norman7 Fillmore42 Murray13 Nobles29 Grant15 Sibley57 Brown67 Rock13 Redwood17 Jackson11 Winona83 Douglas126 Faribault32 Olmsted356 Lincoln9 Blue Earth174 Stevens3 Houston23 Nicollet59 Wabasha58 Chippewa28 Cottonwood20 Pennington13Red Lake2 Clearwater12 Lake of the Woods9 Kandiyohi98 Wadena45 Traverse6 Lac qui Parle12 Waseca50 Big Stone10 Mahnomen8 Yellow Medicine16 Pipestone14 Watonwan24 0 50 10025 Miles by County Foreclosure Rates 0% - 0.25% (n=7) 0.26% - 0.5% (n=26) 0.51 - 0.75% (n=19) 0.76% - 1.0% (n=9) 1.01% - 1.5% (n=16) 1.51% - 2.0% (n=6) >2.0% (n=4) Minnesota Foreclosure Rates in 2011 Actual number of foreclosures is indicated along with each county name Foreclosure Rate = Number of foreclosed mortgages as a percent of total residential parcels Data Source: County reported sheriff's sales and 2010 parcel counts from the MN Department of Revenue 2011 Foreclosures in Minnesota: A Report Based on County Sheriff's Sale Data Funded by: MN Homeownership Center, Greater MN Housing Fund, Family Housing Fund, & MN Housing « Figure 3 Washington1075 Page 3 2011 Foreclosures in Minnesota: A Report Based on County Sheriff's Sales Data (February 10, 2012)Minnesota Homeownership Center (651) 659-9336 Crow Wing358 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 4 Figure 4: MN County Foreclosure Counts, 2010-2011 (sorted by county) 2010 TOTAL 2011 Q1 2011 Q2 2011 Q3 2011 Q4 2011 TOTAL 2010 - 2011 Change Twin Cities Metro* 15,779 3,318 3,753 2,969 3,141 13,181 -16% Greater Minnesota* 9,894 2,053 2,148 1,971 1,945 8,117 -18% Minnesota* 25,673 5,371 5,901 4,940 5,086 21,298 -17% Aitkin 95 17 11 19 24 71 -25% Anoka 2,069 530 577 423 485 2,015 -3% Becker 80 17 23 17 18 75 -6% Beltrami 82 27 18 10 8 63 -23% Benton 155 41 36 25 26 128 -17% Big Stone 17 2 4 1 3 10 -41% Blue Earth 144 37 48 45 44 174 21% Brown 35 17 10 24 16 67 91% Carlton 84 23 36 24 33 116 38% Carver 363 83 95 72 81 331 -9% Cass 107 30 38 27 28 123 15% Chippewa 31 10 6 7 5 28 -10% Chisago 365 95 94 88 89 366 0% Clay 85 27 28 15 15 85 0% Clearwater 19 2 2 6 2 12 -37% Cook 13 0 1 0 3 4 -69% Cottonwood 24 4 10 3 3 20 -17% Crow Wing 397 99 100 73 86 358 -10% Dakota 1,860 513 554 451 467 1,985 7% Dodge 66 14 24 13 26 77 17% Douglas 128 36 41 29 20 126 -2% Faribault 42 8 8 6 10 32 -24% Fillmore 39 12 10 11 9 42 8% Freeborn 102 25 34 36 34 129 26% Goodhue 174 46 45 45 34 170 -2% Grant 22 3 6 4 2 15 -32% Hennepin* 5,655 1,252 1,383 1,149 1,169 4,953 -12% Houston 21 4 12 5 2 23 10% Hubbard 82 26 18 11 19 74 -10% Isanti 388 79 90 67 81 317 -18% Itasca 78 30 32 31 28 121 55% Jackson 13 1 2 6 2 11 -15% Kanabec 128 32 28 29 24 113 -12% Kandiyohi 90 31 21 25 21 98 9% Kittson 1 1 0 0 0 1 0% Koochiching 19 9 3 5 5 22 16% Lac qui Parle 7 2 3 3 4 12 71% Lake 28 8 5 9 5 27 -4% Lake of the Woods 11 1 4 3 1 9 -18% Le Sueur 144 32 32 28 37 129 -10% Lincoln 5 4 2 2 1 9 80% Lyon 45 9 12 8 11 40 -11% Mahnomen 17 0 3 2 3 8 -53% Marshall 9 2 4 5 2 13 44% Martin 46 8 13 11 11 43 -7% 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 5 2010 TOTAL 2011 Q1 2011 Q2 2011 Q3 2011 Q4 2011 TOTAL 2010 - 2011 Change McLeod 135 41 51 45 41 178 32% Meeker 87 19 18 32 25 94 8% Mille Lacs 225 49 49 50 45 193 -14% Morrison 107 33 33 20 23 109 2% Mower 125 41 39 36 39 155 24% Murray 8 3 2 3 5 13 63% Nicollet 66 17 17 9 16 59 -11% Nobles 31 6 9 5 9 29 -6% Norman 11 2 1 1 3 7 -36% Olmsted* 327 93 88 103 72 356 9% Otter Tail 117 42 27 41 36 146 25% Pennington 15 3 2 5 3 13 -13% Pine 192 35 45 37 57 174 -9% Pipestone 10 5 2 4 3 14 40% Polk 57 8 9 7 10 34 -40% Pope 32 7 11 9 2 29 -9% Ramsey 2,519 517 611 467 483 2,078 -18% Red Lake 5 1 0 0 1 2 -60% Redwood 33 3 6 3 5 17 -48% Renville 41 7 5 7 3 22 -46% Rice 299 63 66 74 65 268 -10% Rock 14 4 3 2 4 13 -7% Roseau 42 9 6 10 7 32 -24% Saint Louis 441 135 117 130 134 516 17% Scott 811 171 231 169 173 744 -8% Sherburne 702 135 195 154 129 613 -13% Sibley 49 16 14 12 15 57 16% Stearns 506 90 87 79 84 340 -33% Steele 145 34 34 36 37 141 -3% Stevens 9 0 1 1 1 3 -67% Swift 24 6 2 6 3 17 -29% Todd 88 10 27 20 20 77 -13% Traverse 8 3 0 2 1 6 -25% Wabasha 60 25 6 13 14 58 -3% Wadena 46 17 12 9 7 45 -2% Waseca 69 16 10 10 14 50 -28% Washington* 1,255 252 302 238 283 1,075 -14% Watonwan 24 6 4 6 8 24 0% Wilkin 12 3 1 1 1 6 -50% Winona 81 20 28 21 14 83 2% Wright 861 169 199 185 194 747 -13% Yellow Medicine 18 6 5 5 0 16 -11% * Reflects different 2011 Q1 and 2011 Q2 totals from the August 9, 2011 release of “Foreclosures in Minnesota” due to amended reporting from Hennepin, Washington, and Olmsted Counties. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 6 Figure 5: MN County Foreclosure Counts, 2010-2011 (sorted by 2011 total) 2010 TOTAL 2011 Q1 2011 Q2 2011 Q3 2011 Q4 2011 TOTAL 2010 - 2011 Change Twin Cities Metro* 15,779 3,318 3,753 2,969 3,141 13,181 -16% Greater Minnesota* 9,894 2,053 2,148 1,971 1,945 8,117 -18% Minnesota* 25,673 5,371 5,901 4,940 5,086 21,298 -17% Hennepin* 5,655 1,252 1,383 1,149 1,169 4,953 -12% Ramsey 2,519 517 611 467 483 2,078 -18% Anoka 2,069 530 577 423 485 2,015 -3% Dakota 1,860 513 554 451 467 1,985 7% Washington* 1,255 252 302 238 283 1,075 -14% Wright 861 169 199 185 194 747 -13% Scott 811 171 231 169 173 744 -8% Sherburne 702 135 195 154 129 613 -13% Saint Louis 441 135 117 130 134 516 17% Chisago 365 95 94 88 89 366 0% Crow Wing 397 99 100 73 86 358 -10% Olmsted* 327 93 88 103 72 356 9% Stearns 506 90 87 79 84 340 -33% Carver 363 83 95 72 81 331 -9% Isanti 388 79 90 67 81 317 -18% Rice 299 63 66 74 65 268 -10% Mille Lacs 225 49 49 50 45 193 -14% McLeod 135 41 51 45 41 178 32% Blue Earth 144 37 48 45 44 174 21% Pine 192 35 45 37 57 174 -9% Goodhue 174 46 45 45 34 170 -2% Mower 125 41 39 36 39 155 24% Otter Tail 117 42 27 41 36 146 25% Steele 145 34 34 36 37 141 -3% Freeborn 102 25 34 36 34 129 26% Le Sueur 144 32 32 28 37 129 -10% Benton 155 41 36 25 26 128 -17% Douglas 128 36 41 29 20 126 -2% Cass 107 30 38 27 28 123 15% Itasca 78 30 32 31 28 121 55% Carlton 84 23 36 24 33 116 38% Kanabec 128 32 28 29 24 113 -12% Morrison 107 33 33 20 23 109 2% Kandiyohi 90 31 21 25 21 98 9% Meeker 87 19 18 32 25 94 8% Clay 85 27 28 15 15 85 0% Winona 81 20 28 21 14 83 2% Dodge 66 14 24 13 26 77 17% Todd 88 10 27 20 20 77 -13% Becker 80 17 23 17 18 75 -6% Hubbard 82 26 18 11 19 74 -10% Aitkin 95 17 11 19 24 71 -25% Brown 35 17 10 24 16 67 91% Beltrami 82 27 18 10 8 63 -23% Nicollet 66 17 17 9 16 59 -11% Wabasha 60 25 6 13 14 58 -3% Sibley 49 16 14 12 15 57 16% 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 7 2010 TOTAL 2011 Q1 2011 Q2 2011 Q3 2011 Q4 2011 TOTAL 2010 - 2011 Change Waseca 69 16 10 10 14 50 -28% Wadena 46 17 12 9 7 45 -2% Martin 46 8 13 11 11 43 -7% Fillmore 39 12 10 11 9 42 8% Lyon 45 9 12 8 11 40 -11% Polk 57 8 9 7 10 34 -40% Faribault 42 8 8 6 10 32 -24% Roseau 42 9 6 10 7 32 -24% Nobles 31 6 9 5 9 29 -6% Pope 32 7 11 9 2 29 -9% Chippewa 31 10 6 7 5 28 -10% Lake 28 8 5 9 5 27 -4% Watonwan 24 6 4 6 8 24 0% Houston 21 4 12 5 2 23 10% Koochiching 19 9 3 5 5 22 16% Renville 41 7 5 7 3 22 -46% Cottonwood 24 4 10 3 3 20 -17% Redwood 33 3 6 3 5 17 -48% Swift 24 6 2 6 3 17 -29% Yellow Medicine 18 6 5 5 0 16 -11% Grant 22 3 6 4 2 15 -32% Pipestone 10 5 2 4 3 14 40% Marshall 9 2 4 5 2 13 44% Murray 8 3 2 3 5 13 63% Pennington 15 3 2 5 3 13 -13% Rock 14 4 3 2 4 13 -7% Clearwater 19 2 2 6 2 12 -37% Lac qui Parle 7 2 3 3 4 12 71% Jackson 13 1 2 6 2 11 -15% Big Stone 17 2 4 1 3 10 -41% Lake of the Woods 11 1 4 3 1 9 -18% Lincoln 5 4 2 2 1 9 80% Mahnomen 17 0 3 2 3 8 -53% Norman 11 2 1 1 3 7 -36% Traverse 8 3 0 2 1 6 -25% Wilkin 12 3 1 1 1 6 -50% Cook 13 0 1 0 3 4 -69% Stevens 9 0 1 1 1 3 -67% Red Lake 5 1 0 0 1 2 -60% Kittson 1 1 0 0 0 1 0% * Reflects different 2011 Q1 and 2011 Q2 totals from the August 9, 2011 release of “Foreclosures in Minnesota” due to amended reporting from Hennepin, Washington, and Olmsted Counties. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 8 Figure 6: MN County Foreclosure Rates, 2010-2011 (sorted by county) 2010 Rate Q1 2011 Rate Q2 2011 Rate Q3 2011 Rate Q4 2011 Rate 2011 Rate Twin Cities Metro* 1.72 0.36 0.41 0.32 0.34 1.43 Greater Minnesota* 1.11 0.23 0.24 0.22 0.22 0.91 Minnesota* 1.42 0.30 0.33 0.27 0.28 1.18 Aitkin 1.28 0.23 0.15 0.25 0.32 0.95 Anoka 2.08 0.49 0.53 0.39 0.45 1.87 Becker 0.73 0.13 0.18 0.13 0.14 0.59 Beltrami 0.70 0.21 0.14 0.08 0.06 0.50 Benton 1.46 0.36 0.32 0.22 0.23 1.13 Big Stone 1.04 0.07 0.15 0.04 0.11 0.37 Blue Earth 0.98 0.20 0.26 0.24 0.24 0.94 Brown 0.46 0.17 0.10 0.24 0.16 0.68 Carlton 0.87 0.19 0.29 0.19 0.27 0.94 Carver 1.40 0.28 0.32 0.24 0.27 1.12 Cass 1.39 0.26 0.33 0.24 0.25 1.08 Chippewa 0.66 0.20 0.12 0.14 0.10 0.56 Chisago 2.32 0.52 0.51 0.48 0.49 2.00 Clay 0.45 0.15 0.16 0.08 0.08 0.48 Clearwater 0.20 0.06 0.06 0.17 0.06 0.34 Cook 0.66 0.00 0.05 0.00 0.15 0.20 Cottonwood 0.47 0.08 0.19 0.06 0.06 0.38 Crow Wing 1.57 0.40 0.41 0.30 0.35 1.45 Dakota 1.66 0.40 0.43 0.35 0.36 1.54 Dodge 1.27 0.20 0.35 0.19 0.38 1.11 Douglas 0.88 0.25 0.29 0.20 0.14 0.89 Faribault 0.77 0.12 0.12 0.09 0.15 0.48 Fillmore 0.72 0.14 0.11 0.13 0.10 0.48 Freeborn 1.35 0.20 0.27 0.28 0.27 1.02 Goodhue 1.34 0.27 0.27 0.27 0.20 1.02 Grant 0.92 0.11 0.21 0.14 0.07 0.53 Hennepin* 1.61 0.33 0.36 0.30 0.30 1.29 Houston 0.25 0.05 0.16 0.07 0.03 0.31 Hubbard 1.13 0.32 0.22 0.14 0.23 0.91 Isanti 2.56 0.58 0.66 0.49 0.60 2.33 Itasca 0.70 0.17 0.18 0.18 0.16 0.69 Jackson 0.44 0.02 0.04 0.13 0.04 0.23 Kanabec 2.45 0.51 0.45 0.47 0.39 1.81 Kandiyohi 0.97 0.20 0.14 0.16 0.14 0.64 Kittson 0.16 0.04 0.00 0.00 0.00 0.04 Koochiching 0.55 0.16 0.05 0.09 0.09 0.39 Lac qui Parle 0.29 0.06 0.09 0.09 0.12 0.35 Lake 0.96 0.16 0.10 0.18 0.10 0.54 Lake of the Woods 0.80 0.05 0.21 0.16 0.05 0.48 Le Sueur 1.50 0.30 0.30 0.26 0.35 1.21 Lincoln 0.37 0.13 0.07 0.07 0.03 0.30 Lyon 0.40 0.10 0.14 0.09 0.13 0.46 Mahnomen 0.86 0.32 0.40 0.36 0.32 0.46 Marshall 0.29 0.00 0.17 0.11 0.17 0.26 Martin 0.60 0.04 0.08 0.10 0.04 0.48 McLeod 1.58 0.09 0.15 0.12 0.12 1.41 Meeker 1.27 0.21 0.20 0.36 0.28 1.05 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 9 2010 Rate Q1 2011 Rate Q2 2011 Rate Q3 2011 Rate Q4 2011 Rate 2011 Rate Mille Lacs 2.47 0.54 0.54 0.55 0.49 2.11 Morrison 0.87 0.26 0.26 0.16 0.18 0.85 Mower 1.17 0.28 0.27 0.25 0.27 1.06 Murray 0.24 0.07 0.05 0.07 0.12 0.31 Nicollet 0.64 0.17 0.17 0.09 0.16 0.59 Nobles 0.38 0.08 0.12 0.07 0.12 0.38 Norman 0.17 0.06 0.03 0.03 0.09 0.20 Olmsted* 0.94 0.19 0.18 0.21 0.15 0.73 Otter Tail 0.65 0.17 0.11 0.17 0.15 0.60 Pennington 0.31 0.06 0.04 0.10 0.06 0.27 Pine 2.05 0.32 0.41 0.34 0.52 1.59 Pipestone 0.24 0.12 0.05 0.10 0.07 0.34 Polk 0.37 0.07 0.07 0.06 0.08 0.28 Pope 0.50 0.14 0.22 0.18 0.04 0.58 Ramsey 1.79 0.35 0.42 0.32 0.33 1.42 Red Lake 0.33 0.06 0.00 0.00 0.06 0.11 Redwood 0.33 0.05 0.09 0.05 0.08 0.26 Renville 0.38 0.10 0.07 0.10 0.04 0.32 Rice 1.80 0.32 0.34 0.38 0.33 1.38 Rock 0.27 0.10 0.07 0.05 0.10 0.32 Roseau 0.63 0.15 0.10 0.16 0.11 0.52 Saint Louis 0.79 0.18 0.16 0.17 0.18 0.69 Scott 2.23 0.40 0.54 0.40 0.41 1.75 Sherburne 2.93 0.47 0.69 0.54 0.45 2.16 Sibley 1.36 0.27 0.23 0.20 0.25 0.95 Stearns 1.12 0.20 0.19 0.17 0.18 0.75 Steele 1.40 0.27 0.27 0.29 0.30 1.13 Stevens 0.16 0.00 0.03 0.03 0.03 0.08 Swift 0.68 0.13 0.04 0.13 0.07 0.38 Todd 0.97 0.10 0.27 0.20 0.20 0.78 Traverse 0.21 0.15 0.00 0.10 0.05 0.31 Wabasha 0.94 0.29 0.07 0.15 0.16 0.68 Wadena 0.63 0.31 0.22 0.17 0.13 0.83 Waseca 1.19 0.23 0.15 0.15 0.21 0.73 Washington* 1.55 0.31 0.37 0.30 0.35 1.33 Watonwan 0.95 0.14 0.09 0.14 0.18 0.55 Wilkin 0.41 0.10 0.03 0.03 0.03 0.21 Winona 0.60 0.13 0.18 0.13 0.09 0.52 Wright 2.18 0.41 0.48 0.44 0.47 1.80 Yellow Medicine 0.32 0.13 0.11 0.11 0.00 0.35 * Reflects different 2011 Q1 and 2011 Q2 totals from the August 9, 2011 release of “Foreclosures in Minnesota” due to amended reporting from Hennepin, Washington, and Olmsted Counties. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 10 Figure 7: MN County Foreclosure Rates, 2010-2011 (sorted by 2011 rate) 2010 Rate Q1 2011 Rate Q2 2011 Rate Q3 2011 Rate Q4 2011 Rate 2011 Rate Twin Cities Metro* 1.72 0.36 0.41 0.32 0.34 1.43 Greater Minnesota* 1.11 0.23 0.24 0.22 0.22 0.91 Minnesota* 1.42 0.30 0.33 0.27 0.28 1.18 Isanti 2.56 0.58 0.66 0.49 0.60 2.33 Sherburne 2.93 0.47 0.69 0.54 0.45 2.16 Mille Lacs 2.47 0.54 0.54 0.55 0.49 2.11 Chisago 2.32 0.52 0.51 0.48 0.49 2.00 Anoka 2.08 0.49 0.53 0.39 0.45 1.87 Kanabec 2.45 0.51 0.45 0.47 0.39 1.81 Wright 2.18 0.41 0.48 0.44 0.47 1.80 Scott 2.23 0.40 0.54 0.40 0.41 1.75 Pine 2.05 0.32 0.41 0.34 0.52 1.59 Dakota 1.66 0.40 0.43 0.35 0.36 1.54 Crow Wing 1.57 0.40 0.41 0.30 0.35 1.45 Ramsey 1.79 0.35 0.42 0.32 0.33 1.42 McLeod 1.58 0.09 0.15 0.12 0.12 1.41 Rice 1.80 0.32 0.34 0.38 0.33 1.38 Washington* 1.55 0.31 0.37 0.30 0.35 1.33 Hennepin* 1.61 0.33 0.36 0.30 0.30 1.29 Le Sueur 1.50 0.30 0.30 0.26 0.35 1.21 Steele 1.40 0.27 0.27 0.29 0.30 1.13 Benton 1.46 0.36 0.32 0.22 0.23 1.13 Carver 1.40 0.28 0.32 0.24 0.27 1.12 Dodge 1.27 0.20 0.35 0.19 0.38 1.11 Cass 1.39 0.26 0.33 0.24 0.25 1.08 Mower 1.17 0.28 0.27 0.25 0.27 1.06 Meeker 1.27 0.21 0.20 0.36 0.28 1.05 Freeborn 1.35 0.20 0.27 0.28 0.27 1.02 Goodhue 1.34 0.27 0.27 0.27 0.20 1.02 Sibley 1.36 0.27 0.23 0.20 0.25 0.95 Aitkin 1.28 0.23 0.15 0.25 0.32 0.95 Carlton 0.87 0.19 0.29 0.19 0.27 0.94 Blue Earth 0.98 0.20 0.26 0.24 0.24 0.94 Hubbard 1.13 0.32 0.22 0.14 0.23 0.91 Douglas 0.88 0.25 0.29 0.20 0.14 0.89 Morrison 0.87 0.26 0.26 0.16 0.18 0.85 Wadena 0.63 0.31 0.22 0.17 0.13 0.83 Todd 0.97 0.10 0.27 0.20 0.20 0.78 Stearns 1.12 0.20 0.19 0.17 0.18 0.75 Waseca 1.19 0.23 0.15 0.15 0.21 0.73 Olmsted* 0.94 0.19 0.18 0.21 0.15 0.73 Saint Louis 0.79 0.18 0.16 0.17 0.18 0.69 Itasca 0.70 0.17 0.18 0.18 0.16 0.69 Wabasha 0.94 0.29 0.07 0.15 0.16 0.68 Brown 0.46 0.17 0.10 0.24 0.16 0.68 Kandiyohi 0.97 0.20 0.14 0.16 0.14 0.64 Otter Tail 0.65 0.17 0.11 0.17 0.15 0.60 Becker 0.73 0.13 0.18 0.13 0.14 0.59 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 11 2010 Rate Q1 2011 Rate Q2 2011 Rate Q3 2011 Rate Q4 2011 Rate 2011 Rate Nicollet 0.64 0.17 0.17 0.09 0.16 0.59 Pope 0.50 0.14 0.22 0.18 0.04 0.58 Chippewa 0.66 0.20 0.12 0.14 0.10 0.56 Watonwan 0.95 0.14 0.09 0.14 0.18 0.55 Lake 0.96 0.16 0.10 0.18 0.10 0.54 Grant 0.92 0.11 0.21 0.14 0.07 0.53 Winona 0.60 0.13 0.18 0.13 0.09 0.52 Roseau 0.63 0.15 0.10 0.16 0.11 0.52 Beltrami 0.70 0.21 0.14 0.08 0.06 0.50 Martin 0.60 0.04 0.08 0.10 0.04 0.48 Faribault 0.77 0.12 0.12 0.09 0.15 0.48 Lake of the Woods 0.80 0.05 0.21 0.16 0.05 0.48 Fillmore 0.72 0.14 0.11 0.13 0.10 0.48 Clay 0.45 0.15 0.16 0.08 0.08 0.48 Lyon 0.40 0.10 0.14 0.09 0.13 0.46 Mahnomen 0.86 0.32 0.40 0.36 0.32 0.46 Koochiching 0.55 0.16 0.05 0.09 0.09 0.39 Nobles 0.38 0.08 0.12 0.07 0.12 0.38 Cottonwood 0.47 0.08 0.19 0.06 0.06 0.38 Swift 0.68 0.13 0.04 0.13 0.07 0.38 Big Stone 1.04 0.07 0.15 0.04 0.11 0.37 Yellow Medicine 0.32 0.13 0.11 0.11 0.00 0.35 Lac qui Parle 0.29 0.06 0.09 0.09 0.12 0.35 Clearwater 0.20 0.06 0.06 0.17 0.06 0.34 Pipestone 0.24 0.12 0.05 0.10 0.07 0.34 Rock 0.27 0.10 0.07 0.05 0.10 0.32 Renville 0.38 0.10 0.07 0.10 0.04 0.32 Traverse 0.21 0.15 0.00 0.10 0.05 0.31 Murray 0.24 0.07 0.05 0.07 0.12 0.31 Houston 0.25 0.05 0.16 0.07 0.03 0.31 Lincoln 0.37 0.13 0.07 0.07 0.03 0.30 Polk 0.37 0.07 0.07 0.06 0.08 0.28 Pennington 0.31 0.06 0.04 0.10 0.06 0.27 Marshall 0.29 0.00 0.17 0.11 0.17 0.26 Redwood 0.33 0.05 0.09 0.05 0.08 0.26 Jackson 0.44 0.02 0.04 0.13 0.04 0.23 Wilkin 0.41 0.10 0.03 0.03 0.03 0.21 Norman 0.17 0.06 0.03 0.03 0.09 0.20 Cook 0.66 0.00 0.05 0.00 0.15 0.20 Red Lake 0.33 0.06 0.00 0.00 0.06 0.11 Stevens 0.16 0.00 0.03 0.03 0.03 0.08 Kittson 0.16 0.04 0.00 0.00 0.00 0.04 * Reflects different 2011 Q1 and 2011 Q2 totals from the August 9, 2011 release of “Foreclosures in Minnesota” due to amended reporting from Hennepin, Washington, and Olmsted Counties. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 12 Study Purpose and Objectives This report was commissioned by the Minnesota Homeownership Center. It provides policymakers and other community leaders with updated Minnesota foreclosure data as they design solutions to address foreclosures and their impact on Minnesota communities. This report is part of the Foreclosures in Minnesota: A Report Based on County Sheriff’s Sale Data series, in which comparable reports have been released annually since 2007 and semi-annually since 2009. HousingLink was contracted to conduct the research and prepare the analysis in all reports. Key updated foreclosure data included in this report are as follows: • Updated foreclosure counts for all Minnesota counties including the Twin Cites seven- county metro and Greater Minnesota to reflect actual foreclosures through all of 2011. • Updated foreclosure rates for all Minnesota counties in 2011.1 The calculation of foreclosure rates makes it possible to compare the relative impact of foreclosure on areas with different population sizes. • This report does not include a foreclosure projection. Reports issued prior to 2009 included a foreclosure projection. These projections were based solely on recent foreclosure trends with the assumption that the same patterns would continue into the upcoming year. Due to continuing uncertainty about future economic conditions, this report does not include a projection. Some factors that may contribute to foreclosures include but are not limited to: unstable economic conditions; unemployment rates; falling housing prices; rising numbers of mortgage delinquencies; and resetting or recasting adjustable rate mortgages. Conversely, more active intervention and loss mitigation activities on the part of counselors and lenders help to reduce the number of foreclosures. Methodology To help understand the methods used in this report, it is important to outline Minnesota’s foreclosure timeline. Data is collected throughout the process, much of which is useful for analyzing the characteristics of those mortgages and properties that have defaulted. 1 Releases of Foreclosures in Minnesota: A Report Based on County Sheriff’s Sale Data prior to August 2009 release used household estimates to calculate the foreclosure rate. As of the August 2009 report, residential parcels have been used to calculate foreclosure rate. See Foreclosure Rate Metric for more information. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Page Minnesota Homeownership Center (651) 659-9336 13 Overview of the Foreclosure Process There are two types of foreclosure processes in Minnesota: 1) Judicial Foreclosure, which is conducted like any other form of civil lawsuit. 2) Foreclosure by Advertisement, which is a type of non-judicial foreclosure. Since the large majority of Minnesota foreclosures occur by advertisement, that process is described in detail below. Foreclosure by Advertisement: Foreclosures in Minnesota take place at the county level and are regulated, for the most part, by state legislation. The foreclosure process can start as early as 30 days after a borrower first misses a mortgage payment. Once the mortgage is in delinquency, the lender empowers an attorney who files notice of pendency against the borrower, starting the foreclosure process. Shortly thereafter, the attorney publishes a foreclosure sale notice in a local newspaper (at least six weeks before the date of the sheriff’s sale) and the county serves the filing to the homeowner. At any point before the sheriff’s sale, the property owner can reinstate the mortgage by paying all dues, fees and expenses.1 1 As of June 15, 2009, MN State Law allows homeowners to delay their foreclosure sale by five months. The homeowner must file for postponement between the first publication of the sheriff’s sale and 15 days prior to the sale. This reduces the redemption period to five weeks. 2011 Foreclosures in Minnesota: A Report Based on County Sheriff’s Sales Data (February 10, 2012) Minnesota Homeownership Center (651) 659-9336 Page 14 After the notice has been published and served, the sheriff’s sale occurs and the sheriff auctions the property off to the highest bidder, resulting in foreclosure of the mortgage. Following the sale is a redemption period of up to six months, during which the borrower can redeem the property by paying the amount of sale plus interest, taxes, fees, or liens on the property. Borrowers who do not redeem the property by the expiration of the redemption period lose title and right of occupancy in the property. Sheriff’s Sale Records Sheriff’s sale records are the primary data that identify foreclosed properties and are identified as “foreclosures” within this report. However, it is helpful to understand the following: Sheriff’s sale records do not reflect the total number of properties that enter the foreclosure process. Some portion of properties identified in sheriff’s sale records do not result in actual loss of title and occupancy for borrowers because they are redeemed within the allowed timeframe. A small percentage of sheriff’s sale records do not relate to residential mortgages.1 According to a previous study conducted by the Federal Reserve and Macalester College, less than 2 percent of Minneapolis-St. Paul properties sold at sheriff’s sales are commercial. Also, HousingLink estimates approximately 2 percent of properties in its foreclosure database are the result of association liens. Taking into account these two figures, it is estimated that at least 95 percent of the foreclosures in this study represent residential properties. Data Collection To obtain the number of sheriff’s sales in each county, HousingLink contacted all Minnesota counties. For the updates in this report, counties were asked to provide HousingLink with the total number of sheriff’s sales that occurred in their jurisdiction through December 2011. Foreclosure Rate Metric The calculation of a foreclosure rate makes it possible to compare the relative impact of foreclosures on areas with different population sizes. The foreclosure rate used in this report identifies the number of sheriff’s sales as a percent of total residential parcels. foreclosure rate (in percentage) = sheriff’s sales in county / residential parcels in county 2 1 Residential mortgages include single-family and multi-family homes. 2 Residential parcel data is typically provided by the MN Department of Revenue on an annual basis. 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8812 8836 8866 3 2 0 9 32 3 3 30 1 8 3 0 5 4 3 0 8 8 3108 8 8 8 9 8925 8959 89818980 8944 8904 3 2 1 0 32 1 6 32 4 2 1360 13 8 0 8467 1416 1471 8450 1452 14 6 0 14 8 0 1485 1471 146 3 141 3 13 8 5 13 4 1 1313 1287 1259 32 6 8 32 9 8 33 2 8 33 6 0 33 9 2 34 2 4 34 5 6 34 8 6 89 0 0 34 8 5 8854 8820 8792 34 8 8 34 6 0 89 0 6 33 6 5 3407 8873 8839 8805 8769 873733 6 6 87 3 6 8796 8826 8858 32 6 7 89 0 3 8857 8825 8795 32 9 6 32 6 4 32 6 7 32 9 3 8635 8617 8581 8549 8523 8528 8554 8582 8618 8638 33 4 7 33 6 3 8689 8661 8629 8601 3412 8571 34 5 5 34 8 5 8634 8608 8580 8558 3474 10795 10849 1 0 8 8 3 1 0 9 2 5 10 9 4 5 1 0 9 4 0 1091 0 1087 0 1 0 8 4 6 3240 27 8 0 280 6 2812 2818 2866 29 1 4 29 2 8 294 0 29 6 4 2797 2813 2819 27 7 0 2829 28 5 7 28 9 5 29 2 5 11711 2139 2159 2169 21 8 3 2197 22 1 9 11 5 2 9 2118 2110 21 8 6 22 2 0 22 3 6 1479 1615 1 9 3 0 1754 Monticello 2011 Sheriff Sales Legend Sheriff Sale Wright County GIS Office of the County Surveyor Created : Monday, January 23, 2012 Maps and documents made available to the public by Wright County are not legally recorded maps nor surveys and are not intended to be used as such. The maps and documents are created as part of a Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal sources. The source data may contain errors. Additionally, maps and documents prepared by the GIS from multiple sources, even if derived from data that is error free, may not be reliable due to differences in the databases or computer programs of the source materials. Wright County has attempted to include more specific clarifications or advisories on the specific documents or maps however, none of the maps or documents should be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact Wright County. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and Wright County shall not be liable for any damages or claims that arise out of the user’s access to, or use of the maps, documents and data provided.