City Council Ordinance 545ORDINANCE NO. 545
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 REGULATIONS FOR
THE SHORELAND DISTRICT AND THE WILD AND SCENIC
RECREATIONAL RIVER DISTRICT, AND REPEALING
CHAPTER 27 OF THE MONTICELLO ZONING CODE
THE CITY CO UNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS.
Section 1. The Monticello Zoning Code, Chapter 27 — Regulating the Management of the
Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas
of the City of Monticello is hereby repealed.
Section 2. Table 3 -14: CCD Development Standards is hereby amended as follows:
The contents of the rows entitled "All uses, " "Accessory Structures, " and
"Additional Regulations" are hereby restated and incorporated herein
Section 3. 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.
Page 1 of 42
aection e.s, �_ommon uistrict Kegwrements
Section 3.5(B), Standards Applicable to All Business Base Zoning
Other .i
Districts
•
Regulations
Section 3.7(1fD, CCD Residential Overlay District
•
to Consult,
Section 4. 1, Landscaping and Screening Standards
(not all
Section 4.5, Signs
nclusive)
Section 4.8, Off - Street Parking
Section 4.9, Off - Street Loading
•
Section 4.1 I, Building Materials
•
Section 5.2(C)(2)(d), Multi- family Residential Regulations
Section 3. 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.
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ORDINANCE NO. 545
Section 3.7(D)(4), subsections (c) through (y) 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) 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 y carefully controlling development of
this fiver 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
hi order to preserve and protect the Mississippi River and its adjacent land which op ssess
scenic, recreational, natural and historical values, the Mississippi River in the city has been
given a recreational river classification, and lands adiacent to the river are hereby designated
by land use districts, the boundaries of which are based upon the Mississippi River
Management Plan, Mimi. 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 Jointlyap rely. Under the joint
application of standards, the more restrictive requirements shall apply. Any perso n
contemplating development in the WSRR overlay district should review the base district
requirements with the Community Development Department to determine which regulations
will apply.
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(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
subj ect 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 ag dually 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.
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(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 pemiits for uses or structures
within WSRR overlay dishict 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 anon
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 he city.
(ii) An adequate conform n sanitary anitary sewer and water system can be established on the
site.
(iii) Appropriate erosion control measures are undertaken as deternuned necessary by the
city.
(iv) If applicable, vegetative and /or clear- cutting permits are obtained for the proposed
use in accordance with City ordinance.
(S) 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.
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(c) Standards for principal structures
Principal structures within the WSRR overlay district shall confonn 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.
(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.
(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.
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3. New constructed storm water outfalls to public waters must provide for filtering
or Settling of f suspended solids and skimming of surface debris before discharge.
(ii) The provisions of subdivision (i) above maybe 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 ern cent.
The physical alteration of slopes shall not be permitted for the purpose of
overcoming this limitation.
2. The site development is designed, d, 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 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:
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(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 loth
(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 ve etg ation
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 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 f suspended solids and skirmning 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 cornrnercial uses and industrial, public, or semi ublic
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 incoroorate
topographic and vegetative screening of parking areas and structures;
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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; an d
c. Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed infonnation to the public, subi ect to the following
general standards:
i. No advertising signs or supporting facilities for signs maybe placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by public authority or under a ep nnit
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 ry the location and name of
the establishment and the general types of goods or services available.
The signs shall not contain other detailed infonnation such as pro duct
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 prev ert
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, jzrazing, 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 ap roved 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 pemritted 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.
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2. Animal feedlots shall meet the requirements of this chanter, 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.
(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 gh 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 perm tted. Clearcutting for essential services, such as telephone
ione
lines, substations, and related structures, shall require a special permit issued by the City
Council in accordance with 2.4(N) of this ordinance.
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(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.
(e) 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) Pinning understorp vegetation shrubs plants bushes or grasses or harvesting erops
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 cites
vegetative cutting permit. Application forms for the pen-nit shall be provided by the
Community Development Department and require the following information:
(i) Name and address of applicant,
(ii) The naive 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 b the
(12) Clearcutting Restrictions
Clearcuttine within the WSRR overlay district shall be subject to the following standards and
criteria:
(a) Clearcuttine shall not be used as a cutting method where soil, slope, or other watershed
conditions are fragile and subieetto injury.
(b) Clearcuttine 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
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(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 spite.
(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 ep rmit
and shall comply with the followinw.
(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 rg ading 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.
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(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 tram sediment are employed.
(iv) Fill is established to accented engineering standards.
(f) Excavation of material from, or filling in the river, or construction of any pernanent
structures or navigational obstructions therein is prohibited unless authorized by a permit
from the Commissioner of the Department of Natural Resources pursuant to Minn Stats
4 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 subiect 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 of the
Department of Natural Resources to be unsuitable by reason of flooding, inadequate nadeguate 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.
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(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 meetin the he requirements of ap licable
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 ap licable
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 imposes must ineet or exceed standards
for water quality of the state Department of Health and the state pollution control a ency 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 of the Department of Natural Resources 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.
(b) A publicly -owned sewer systems is used.
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(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 acility 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) 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 alreadv been
established on both sides of a proposed building site, the setback of the propose
structure may be allowed to conform to that pattem. 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.
(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 pplication for a valiance, ordinance
amendment (including proposed changes to district lines), conditional use permits,
PUDs, and 1p ats,
(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 of the Department of Natural
Resources 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
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� � � R 11 a r_ M ry c �Y s �y
materials as may be needed by the Commissioner of the Department of Natural
Resources to fully understand the proposal.
(iv) Notification shall be sent so as to be received by the Commissioner of the
Department of Natural Resources 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
Department of Natural Resources 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 Conunissioner 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. Th rty 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 hearin.
(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 Conunissioner of the
Department of Natural Resources 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.31 1, subds
2, 6 and 7.
(iii) The Commissioner of the Department of Natural Resources shall either certify his
approval or disapproval of the proposed action within 30 days of the hearing.
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ORDINANCE NO. 545
(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 econon-de 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 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
Page 16 of 42
ORDINANCE NO. 545
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 subi ect to the remedies and penalties outlined ill 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 pyanted 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 rp evail.
(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 Cormmunity 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 replace d
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:
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ORDINANCE NO. 545
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 of the Department of Natural Resources 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:
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 acconunodate
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 linuted 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
Page 18 of 42
ORDINANCE NO. 545
3. Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle parkin g
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 of the Department of Natural Resources 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 pei nit subiect to shoreland
regulations shall be forwarded by mail to the Commissioner of Natural Resources
within ten (lo) 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 Conunissioner of the
Department of Natural Resources 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 the
Department of Natural Resources 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 of the Department of Natural Resources neither
certification of approval nor notice of non - approval.
4. The Commissioner of the Department of Natural Resources certifies his ap roval
within 30 days after conducting a public hearing.
(iv) Hearing after non - approval
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ORDINANCE NO. 545
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 Communi�
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 Mimi. Stats. $ 103G.311,
subds. 2, 6 and 7.
3. The Commissioner of the Department of Natural Resources 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 Disthict.
(i) The shoreland area for the water bodies listed in subsections (ii) (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.
Uimamed Wetland (DNR ID: 86-394W)
i.
Unnamed Wetland (DNR ID: 86 -498 W)
(iii) Rivers
and Streams
1, Reinote Rivers —RESERVED
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ORDINANCE NO. 545
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.
Page 21 of 42
ORDINANCE NO. 545
(5) Shoreland Development Standards
(a) In General
(i) Except as maybe specifically provided, no new lot shall be created —by plat orb
metes and bounds description which does not meet the minimum dimensional
requirements outlined in Section 3.7(F)(5).
Page 22 of 42
ORDINANCE NO. 545
(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 mamier except in conformity with the area regulations in this
Ordinance.
(iii) The area of any lot shall not be reduced below the minimum standards s ecified
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.
Page 23 of 42
ORDINANCE NO. 545
3-24- SHORELAND LOT STANDARDS FOR
UNSEWbIED LAKES
(A) Residential Lot Area (square feed
LAKESHORE NON- LAKESHORE
Lake Class �°^ —'" , . e gatex
�Sinale � Du lex Tn lex� vod Smele_ Du lexTn lex -Quad-
Natural p g0 000 120,000 160.00 1200,00 0 80,000 ? 160 000 240,000 320.00
Environment E
i Recreational °
I Development 40 000 ? 80,000 120,000 160,000 40,000 80 000 120 000 1 60.000
General
20,000 € 40,000 60,000 80,000 40,00 80 000 120,00 60.000
V Development 11 j I
— —F
(B) Residential Lot Width
�,�
L AKESHORE NON LAKESHORE
Lake Class n le ' Du lex Tri Iexu
_ I e... f b_._._.. b I uad ? Sjn& Du lex
Natural 200 300 400 t 500 200 400 600 800 I
Environment I t
I
Recreational
150 I 225 300 375 150 265 € 375 490
Development —
General 100 j I80 260 340 I50 € 265 375 490
Development 1 f
j (C) Setbacks (feet) n
LAKESHORE LOTS (distances in feet)
Structure Setback from Shore Impact Zone—from ( On site Sewage Setback . ,I
Lake Class _ _ i OHWL I ' 0_HWL from OHWL I
Natural tural 150 75 150
Environment
......1.... .....__ _. �._.
1
Recreational 100 € 50 75
Development 4(
General 75 37.5 i 50
Development [
Page 24 of 42
ORDINANCE NO. 545
(c) Non - residential District Lot Standards
(i) Minimum lot standards for non - residential zoned properties shall be as dictated by
the requirements for the underlying zoning district classification.
(ii) All structures and septic systems within non - residential districts shall comply with
the structural setback standards for such features as listed in Tables 3 -23, 3 -24 and 3-
25.
(d) Sluff Impact Zones
Structures or facilities, except stairways and landings, must not be placed within bluff
impact zones.
(e) 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.
(f) 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, lea
on conditions.
Page 25 of 42
ORDINANCE NO. 545
(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 place d
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;
3. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topooZrgphy, 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
Page 26 of 42
ORDINANCE NO. 545
6. As an alternative for aeneral develonment 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 conunercial
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 infonnation about the site has been removed and
documented in a public repository.
(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.
Page 27 of 42
ORDINANCE NO. 545
(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 3.70(6)(e)(ii ) and 3.7 F(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 p erty is located
b. In shore and bluff impact zones and on steep slopes, limited clearing of trees
and shrubs and cutting_ pruning, and trirmning of trees is allowed to rp ovide
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 sunnner, 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
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:
Page 28 of 42
ORDINANCE NO. 545
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, rg ading 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 inanner 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;
Page 29 of 42
ORDINANCE NO. 545
i. Any alterations below the ordinary high water level of public waters must
first be authorized by the Commissioner of the Department 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 adiacent or nearby
properties; and
k. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permtted 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 Parldng Areas
(i) Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening fiom 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 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 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.
Page 30 of 42
ORDINANCE NO. 545
3. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
atural
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 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 f 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 senlipubli c
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 into orate
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 an d
lighting to convey needed information to the public, subi ect to the following
general standards:
i. No advertising signs or supporting facilities for signs maybe placed in or
upon public waters. Signs conveying infonnation 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 infonnation. They must only convey the location and name of the
establishment and the genoral 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,
Page 31 of 42
ORDINANCE NO. 545
and must not exceed thirty-two (32) square feet in size. If illuminated by
artificial lights, the lights must be shielded or directed to prove nt
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
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
pernut for the conversion.
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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 up blic
water by roper 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 oln lutant
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 m nerals and peat, as defined in Minnesota Statutes, sections
93.44 to 93.5 1, shall be a pem-dtted use provided the provisions of Minnesota
Statutes, sections 93.44 to 93.5 1, are satisfied.
(f) Water Supply and Sewage Treatment
(i) Water Supply
Water shall be supplied through the City of Monticello municipal watersystem.
(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 subiects 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
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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 3.70(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;
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; an d
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
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significant historic sites, or any other feature of the natural land likely to be hannful 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 cormnunity. 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 topog_ranhic maps or more accurate sources;
(iii) Adequate soils information to detennine 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 anticipate d
vegetation and topographic alterations; near -shore aquatic conditions, including
depths, Wes 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 ap roval
must provide easements over natural drainage or ponding areas for management of
stormwater and sig uficant wetlands.
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(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.
MLGI 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.
(q ICI DW: Drinking Water Supply Management Area
RESERVED
(I-I),Q Performance Based Enhancement District
Subsection (1) is hereby restated and incorporated herein unchanged.
(2) District Application
The provisions of Section 3.7(3 M 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.
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(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(14)(I)(4).
2. Minimum lot width shall be based on the required minimum lot size per the
following table:
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(44)(l�(4), but in no case shall the residential density
exceed twenty (20) units per acre.
(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"CI)1
(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.
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(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:
The contents of the table are hereby restated and incorporated
herein unchanged
(ii) Additional Landscaping —the base density requirement maybe reduced based on
the introduction of additional landscaping beyond the normal requirements of code as
outlined in Table 3-25 3 -28:
The contents ofthe table are herebv restated
(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:
contents of the table are hereby restated and incorporated
herein unchanged
Subsection 3.7(H)(4)(b) is hereby restated and incorporated herein unchanged.
(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:
The contents of the table are hereby restated
and incorporated herein unchanged
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(b) The green building features listed in Table 3-2S 3 -31 below may be utilized to obtain the
development bonuses listed in Table -3-2-7 3 -30.
The contents of the table are hereby restated
and incorporated herein unchanged
Subsection 3.7(H)(6) is hereby restated and incorporated herein unchanged.
(PM CCD Residential Overlay District
Subsection (1) is hereby restated and incorporated herein unchanged.
(2) District Application
The provisions of Section 3.7(4) 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.
(d) I) Special Use Overlay District
Subsections (1) and (2) are hereby restated and incorporated herein unchanged.
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Section 4. Table 5 -1: Uses by District is hereby amended as follows:
Section 5. 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
LAKE, GENERAL DEVELOPMENT: Lakes that usually have more than 225 acres of water per mile of
shoreline and 25 dwellings per mile of shoreline, and are more than 15 feet deep.
LAKE, NATURAL ENVIRONMENT: Lakes that usually have less than 150 total acres, less than 60
acres per mile of shoreline, and less than three dwellings per mile of shoreline. They may have some
winter kill of fish; may have shallow, swampy shoreline; and are less than 15 feet deep.
LAKE, RECREATIONAL DEVELOPMENT: Lakes that usually have between 60 and 225 acres of
water per mile of shoreline, between 3 and 25 dwellings per mile of shoreline, and are more than 15 feet
deep.
RIVER, AGRICULTURAL: Rivers that run through intensively ultivated areas, mainly in the southern
and western area of Minnesota.
RIVER, FORESTED: Rivers that are in forested, sparsely to moderately populated areas with some
roads; typically found in northeast, southwest and north- central Minnesota.
RIVER, REMOTE: Rivers that are primarily in roadless, forested, sparsely populated areas in
northeastern Minnesota.
RIVER TRANSITION: Rivers that are in a mixture of cultivated, pasture and forest lands.
RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by th
DNR as an agricultural, forested, remote or transition river.
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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) Tluee 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 the Department of
Natural Resources.
(C) The area included in the recreational land use districts for the Mississippi River as defined in
r„ itmes ot,, Regulations is 2400 242n Minnesota Rules Chapter 6105.0800 -0950.
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.
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 the Department of Natural Resources under Minnesota Statutes,
section 103G.201.
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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 BYthe Monticello City Council this 9th day of April, 2012.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jef?bAoM, City Administrator
VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None
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