City Council Ordinance 563ORDINANCE NO. 563
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING
ORDINANCE OF THE MONTICELLO CITY CODE SECTION 3.7 - ZONING
REGULATIONS FOR THE SHORELAND DISTRICT AND THE WILD AND
SCENIC RECREATIONAL RIVER DISTRICT
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS.
Section 1. Section 3.7(E) — Wild and Scenic Recreational River District, Title 10 -
Zoning Ordinance is hereby amended as follows:
3.7(E) (4) Substandard Lots
// . its ° eomplied with to the greatest „test °terA p ,.tieal. All
sewage disposal and sewage setback requirements of the
shoreland overlay district are met.
(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 ex4ef4 pra
3.7(E) (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 6120.3000, 6120.3100 and 6120.3200, and with the criteria for
Recreational Rivers in 6105.0100 subpart 3.
3.7(E) (7) Conditional Uses
(b) Any structure(s) associated with a conditional use which is proposed
to be located upon steep slopes greater than 12 percent shall adhere
to the following conditions:
(i) The structure, in a manner judged acceptable by the city,
shall be screened from view of the river and adjacent
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shorelands in a maimarjudgod aeoeptable by the a ty as much
as possible assuming summer, leaf -on conditions.
(ii) An adequate conforming sanitary sewer and water system can
be established on the site.
(iii) Appropriate erosion e trol . are .,dertav°., ,
detormined n ° by the °'t° Allprovisions of Section
4.10 Grading, Drainage and Erosion Control are adhered to
as part of the conditional permit.
(kv) —IfZk' pprc@ avre, vcg@ t& ckl%@- c113drOr clear - 6"cFccing- -"p @rzTitto -are
obtained for- the proposed use in aeserdaneavMh City
ordinanea.
3.7(E) (9) Building Height
(b) The maximum height of accessory structures shall not exceed 2315
feet.
3.7(E) (10) Additional Structure and Use Standards
(b) Maximum density
The maximum density in the WSRR overlay district shall not exceed
one dwelling unit per lot . Ath the LgEeeption of apple ed aee@ssefy
dwelling unit .
3.7(E) (23) Notice to the DNR of Proposed Actions within the Wild and Scenic
Recreational River District
(a) Notification of Proposals
(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 or the Commissioner's designated representative to
fully understand the proposal.
Section 2. Section 3.7(F) — Shoreland District, Title 10 - Zoning Ordinance is hereby
amended as follows:
3.7(F) (2) General Provisions
(d) Interpretation
In their interpretation and application, the provisions of this
overlay district shall be held to be minimum requirements and shall
be liberally eexstrueted construed in favor of the City and shall not
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be deemed a limitation or repeal of any other powers granted by
State Statutes.
3.7(F) (3) Administration
(d) Conditional Uses
(i) Evaluation Criteria
2. The visibility of structures and other facilities as viewed
from public waters is limited assuming summer, leaf -on
conditions;
3.7(F) (4) Shoreland Classification System and Land Use Districts
(a) Shoreland Classification System
(ii) Lakes
1. Natural Environment Lakes
a. Mud Lake (DNR ID: 86 -68 P)
2. Recreational Development Lakes — RESERVED
3. General Development Lakes
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3.7(F) (5) Shoreland Development Standards
(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 T evel (^SL) mark (OHW) or the highest
known water level;
(ii) Lot widths shall be met at both the 9IIAIL OHW and at the
required structural setback from the 9I4WL OHW.
(iii) Lot area shall be calculated based on land area above the
014WL OHW.
Table 3 -23 and Table 3 -24:
Section (C) Setbacks - Change references from O€FWb to OHW
(e) Height of Structures
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(ii) Detached accessory dwellings structures shall not exceed
fifteen (15) feet in height.
3.7(F) (6) Zoning and Water Supply /Sanitary Provisions
(a) Design Criteria for Structures in the Shoreland District
(i) High Water Elevations
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, or incorporation offlood openings.
(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
rte,. '.» _..t.'».1 let. . M, lide r st.. ..ys may be used f .
properties, and plafmed unit developmefft _
;
2. Landings for stairways and lifts on res'l lots must not
exceed 32 square feet in area. Landings larger thaa 32
e feet may be used for a e i..l properties, «..b e
open spaee ,,,.tion l propetties, and planned uni
.l e.,`e;
3. Canopies or roofs are not allowed on stairways, lifts, or
landings;
4. Stairways, lifts, and landings may, shall be either
constructed above the ground on posts or pilings, or place
into the g «.1 provided they are designed
' a d and built i.
t ' f •' and be designed
and built in a manner that ensures control of soil erosion
in conformance with the requirements of Section 2.4(N);
(iv) Significant Historic Sites
No structure may be placed on a significant historic site in a
manner that affeets the ,c'.ues of the site unless ede,. ate
infengaafien abet4 the site has been removed and deeiim
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. ubli r-ep .sat,. , is inconsistent with State Historic
Preservation Office regulations.
(b) Shoreland Alterations
(i) Vegetation Alterations
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, livesteek watering areas,-beach
and watercraft access areas, and permitted water - oriented
accessory structures or facilities, provided that:
(ii) Topographic Alterations /Grading and Filling
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:
c. Mulches or similar materials must be used-,Nvhere
neeessar3 , for temporary bare soil coverage, and a
permanent vegetation cover must be established as soon
as possible;
g. Plans to place fill or excavated material on steep slopes
must be reviewed by a qualified professionals Engineer
for continued slope stability and must not create finished
slopes of 30 percent or greater;
(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
Engineer that all roads and parking areas are designed and
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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.
(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. Stormwater shall not be directed to wetlands without
sufficient pre - treatment as approved by the City.
4. 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 Engineer that they are designed and installed
consistent with the field office technical guide of the local
soil and water conservation districts.
(e) Special Provisions for Commercial, Industrial, Public /Semipublic,
Agricultural, Forestry and Extractive Uses, and Mining of Metallic
Minerals and Peat
(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
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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 , uali fie
individua4 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.
3.7(F) (8) Special Provisions for Subdivision and Platting in Shoreland Districts
(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 tee
.:, ,.,...ing ..e..,,el do test or other .,,ethea fromfield
investigations such as soil borings, percolation tests, or other
methods to determine suitability for building and on -site
sewage treatment capabilities for every lot;
Section 3. Section 8.4 — Definitions, Title 10 - Zoning Ordinance is hereby added or
amended as follows:
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 the ordinance. Where specific
information is not available, steep slopes are lands having average slopes over 12
percent, as measured over horizontal distances of S0 feet or more, which are not bluffs.
WETLAND:
(C) Wetlands do net include public waters wetlands and publie unless
reclassified as wetlands shoreland by the Commissioner of the Department of
Natural Resources under Minnesota Statutes, section 103G.201.
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Section 4. 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 10th day of September, 2012.
CITY OF MONTICELLO
. -
Clint Herbst, Mayor
ATTEST:
�&Z Otis
Je eill, City Administrator
VOTING IN FAVOR: HERBST, HILGART, PERRAULT, POSUSTA
VOTING IN OPPOSITION: NONE
ABSENT: STUMPF
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