HomeMy WebLinkAboutOrdinance No. 1550ORDINANCE NO. 1550
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO TI-IE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE
CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the
following additions.
§9.113 OVERLAY DISTRICTS.
(C) shoreland Management Overlay District.
(1 } Purpose.
(a) Tl1e unregulated use of shorelands in the city 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 use and development of shorelands of
public waters.
(b) Statutory authorization. These shoreland regulations are adopted
pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota
Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling
legislation in Minn. Stat. Ch. 462.
(c) Jurisdiction. The provisions of this Code shall apply to shorelands
of the public water bodies as classified in Section 9.1.13 {C)(4)(b) of this Code. A body
of water created by a private user where there was no previous shoreland may, at the
discretion of the governing body, be exempt from this Cade.
(d) 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 grading and
filling of any shoreland area; and the cutting of shoreland vegetation shall be in full
compliance with the terms of this Code and other applicable regulations.
(e) District application. The shoreland overlay district shall be
superimposed {overlaid) upon all the zoning districts as identified in Chapter 9 of this
Code as existing or amended by the text and map of this Code. The regulations and
requirements imposed by the shoreland overlay district shall be in addition to those
established by the base zoning district, which jointly apply. Under joint application of
the districts, the more restrictive requirements shall apply.
(f) Exemptions.
1. A structure or use which was lawful before adoption of this
article, but which is not in conformity with the provisions of the Shoreland Overlay
District, may be continued subject to Section 9.105 of this Code.
2. A property located within the Shoreland Overlay District that
does not drain into a body of water listed in Section 9.113 (C)(4)(b}.
(2} District Boundaa°ies. The boundaries of the shoreland overlay district
within the city consist of the first tier of riparian lots abutting a protected lake or tributary
identified in Section 9.113 (C}(4}(b) of this Code. The specific boundaries of the
Shoreland Overlay District are shown on the official Columbia Heights Shoreiand
Overlay District Map in the Columbia Heights Zoning Code.
(3) Definitions. For the purpose of this Chapter, certain terms and words
are hereby defined: Words use in the present tense shall include the future; words in the
singular include the plural, and the plural the singular; the word "building" shall include
the word "structure"; and the word "lot" shall include the word "plot"; and the word
"shall" is mandatory and not directory; and the word "including" shall mean "including,
but not limited to".
For the purpose of this district, the following definitions shall apply:
(a) Accessory Building. A subordinate building or use, which is
located on the same, lot as the principal building or use and is necessary or incidental to
the conduct of the principal building or use.
(b) Commission. The City of Columbia Heights Planning
Commission.
(c} Commissioner. The Commissioner of the Department of Natural.
resources of the State of Minnesota.
(d} Council. The Columbia Heights City Council.
(e) Development. The making of any material change in the use or
appearance of any structure of land including reconstruction; alteration of the size of any
structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or
pond; a commencement of drilling (except to obtain soil samples); mining or excavation;
demolition of a structure; clearing of land as an adjunct to construction; deposit ofrefuse,
solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more
parcels.
(f) Impervious Surface. A constructed hard surface that either
prevents or retards the entry of water into the soil, and causes water to run off the surface
in greater quantities and at an increase rate of flaw than existed prior to development.
Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and
concrete, asphalt roads and gravel areas.
(g) Lot Coverage. The amount of impervious surface on a lot.
(h} Ordinary High Water Level. Minnesota State Statute 103G.005,
subdivision 14 defines ordinary high water level as the boundary of waterbasins,
watercourses, public waters, and public waters wetlands and:
1. the ordinary high water level is an elevation delineating the
highest water level that has been maintained for a sufficient period of time to leave
evidence upon the landscape, commonly the point where the natural vegetation changes
from predominately aquatic to predominately terrestrial;
2. for watercourses, the ordinary high. water level is the elevation
of the top of the bank of the channel; and
3. for reservoirs and flowages, the ordinary high water level is the
operating elevation of the normal summer pool.
(i) Shoreland. Shoreland means land located within the following
distances from the ordinary high water elevation of public waters:
1. land within 1,000 feet from the normal high watermark of a
lake, pond, or flowage; and
2. land within 300 feet if a river or stream or the landward side of
a floodplain delineated by ordinance on the river or stream, whichever is greater.
(j) Share Impact Zone. The area between the ordinary high water
mark and fifty (50} feet inland from the ordinary high water mark.
(k) Structure. Anything constructed or erected which requires Location
on or underground or attachment to something having location on or underground. This
includes an edifice or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner, whether of a temporary or
permanent character.
(4} Shoreland Classification System.
(a) Public waters. The public waters of Columbia Heights have been
classified below consistent with the criteria found in Minnesota Regulations, Part
6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota.
(b} Official Map. The shoreland permit district for the waterbodies
listed below shall be shown on the Columbia Heights Map.
Recreational Development Lakes
Silver Lake
General Development Lake
Sullivan Lake
Highland Lake
Hart Lake
Clover Pond
LaBelle Pond
Protected Waters Inventory L D. #
83P
Protected Waters Inventory LD. #
80P
79P
81P
686W
687P
(5) Administration.
(a} Building Permit Required. A permit is required for the
construction of buildings or building additions (and including such related activities as
construction of decks and signs), and those grading and filling activities not exempted by
this Cade that occur within the shoreland district. Application for a building permit shall
be filed with the Zoning Administrator or any staff persons designated by the City
Manager on an official application. form of the City, accompanied by a fee as set forth in
Chapter 6, Article II of the City Code. ~1Jhere required by law, the building permit
application shall be forwarded to the applicable watershed district for review and
comment. The application shall include the necessary infornlation so that the Zoning
Administrator can determine the site's suitability for the intended use.
(b) Variance. Variances may only be granted in accordance with
Section 9.104 (G} of this Code. A variance may not circumvent the general purposes and
intent of this Code. No variance may be granted that would allow any use that is
prohibited in the underlying zoning district in which the subject property is located.
(c) Conditional Use Permit. Conditional Use Permits may only be
granted in accordance with Section 9.014 (H} of this Code. Conditional Use Permits are
required to ensure specific development standards within the Shoreland Overlay Districts.
(d) Notifications to the Department of Natural Resources.
1. Public Hear^ings. Copies of all notices of any public
hearings to consider variances, amendments, conditional uses, or special uses under local
shoreland management controls must be sent to the commissioner or the commissioner's
designated representative and postmarked at least ten days prior to the hearings. Notices
of hearings to consider proposed subdivisions/plats must include copies of the
subdivision/plat.
2. Approval. A copy of approved amendments and
subdivisions/plats, and final decisions granting variances and conditional use permits
under local shoreland management controls must be sent by the City to the commissioner
or the commissioner's designated representative and postmarked within ten days of the
final action.
(6} Land Us•e Distr°ict Descr°iptions.
(a) Allowed land uses within the shoreland district shall be determined
by the underlying zoning district, as lasted within Chapter 9 of the City Cade.
(7) Lot Area and Width Standards.
(a) Lot area and width standards for residential development shall be
regulated per the underlying zoning district in Chapter 9 of the City Code.
(8) Placement, Design, and Height of Structures.
(a} Placement of structures on lots. When more than one setback
applies to a site, structures and facilities must be located to meet all setbacks. Where
structures exist on the adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the adjoining setbacks from the
ordinary high water level, provided the proposed building site in not located in a shore
impact zone. Structures shall be located as follows:
1. Required Setbacks. All required rear yard, side yard and
front yard setbacks shall be met per the underlying zoning district.
2. ordinary High Water Level Setback Structure setbacks (in
feet} from the ordinary high water level are:
Classes of Public Waters Structure Setbacks
General Development Lake 50 feet
Recreational Development Lake 75 feet
3. Height of Structures. Maximum allowable height for all
structures shall be regulated per underlying zoning districts in Chapter 9 of the City
Code.
(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.
1. vegetation alteration. Removal or alteration of vegetation
is allowed subject to the following standards:
a. Intensive vegetation clearing within tale shore
impact zones and on steep slopes is not allowed.
b. In share 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 accormnodate the
placement of stairways and landings, picnic areas, access paths, beach and watercraft
access areas, and permitted water-oriented accessory structures or facilities provided that:
(i} The screening of structures, vehicles, or other
facilities as viewed from the water, assuming summer, leaf-on conditions, is not
substantially reduced.
(ii) The above provisions are not applicable to the
removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and
the removal of plants deemed noxious under the Minnesota Noxious Weed Law.
2. Building permit. Grading and filling and excavations
necessary for the construction of structures and driveways under validly issued building
permits for these facilities do not require the issuance of a separate shoreland grading and
filling permit.
3. Conditional Use Permit. Notwithstanding (2) above, a
Conditional Use Permit will be required far those properties located in the Shoreland
Overlay District for:
a. Placement, removal or grading of mare than 250
cubic yards of earthen material on developed property zaned R-1, R-2A ar R-2B.
b. Placement, removal or grading of more than Su0
cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B.
c. Placement, removal or grading of more than 750
cubic yards of earthen material on property zaned R-3, R-4 or LB.
d. Placement, removal or grading of more than 1,000
cubic yards of earthen material on property zoned GB, CBD, I-l, I-2, MXD, or PO.
4. Land alteration permit. Notwithstanding (2) above, a land
alteration permit will be required for:
a. The movement of more than ten cubic yards of
material on steep slopes or within shore impact zones.
b. The movement of more than 50 cubic yards of
material outside of steep slopes and shore impact zones.
4. Canditions. The following considerations and conditions
must be adhered to during the issuance of building permits, land alteration. permits,
variances, conditional use permits, and subdivision approvals:
a. Grading or filling in any type 2-8 wetland must be
evaluated to determine how extensively the proposed activity v~~ould affect the following
fiulctional qualities of the wetland (This evaluation shall 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}:
(i) Sediment and pollutant trapping and retention.
flood damage.
(ii} Storage of surface runoff to prevent or reduce
(iii) Fish and wildlife habitat.
(iv) Recreational use.
(v} Shoreline or bank stabilization.
(vi) Noteworthiness, including special qualities
such as historic significance, critical habitat for endangered plants and animals, or others.
b. Alterations must be designed and conducted in a
manner that ensures only the smallest amount of bare ground is exposed for the shortest
time possible.
c. Mulches or similar materials must be used, where
necessary, for temporary bare soil coverage, and a permanent vegetation cover must be
established as soon as possible.
d. Methods to minimize soil erosion and to trap
sediments before they reach any surface water feature must be used.
e. Altered areas must be stabilized to acceptable
erosion control standards consistent with the field office techiucal 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
create finished slopes of less than 3:1 slope.
h. Any alterations below the ordinary high water level
of public waters must first be authorized by the commissioner under Minn. Stat. §
103 G.245.
i. Alterations of topography must only be allowed if
they are accessory to permitted or conditional uses and do not adversely affect adjacent or
nearby properties.
j. Placement of natural rock rip rap, including
associated grading of the shoreline and placement of a filter blanket, is permitted if the
finished slope does not exceed three (3) feet horizontal to one {1} foot vertical, the
landward extent of the rip rap is within ten (10) feet of the ordinary high water level, and
the height of the rip rap above the ordinary high water level does not exceed three {3)
feet. Must be done in accordance with other State and Federal regulations. A permit
from the DNR is required.
5. Connections to public waters. Excavations where the
intended purpose is connection to a public water, such as boat slips, canals, lagoons, and
harbors, must be controlled by local shoreland controls. Permission for excavations may
be given only after written authorization has been obtained from the Minnesota
Department of Natural Resources approving the proposed connection to public waters.
{c) Stormwater management. The following general and specific
standards shall apply:
1. General standards.
a, 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.
b. Development must be plam7ed and conducted in a
manner that will minimize the extent of disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay
runoff volumes. Disturbed areas must be stabilized and protected as soon as passible and
facilities or methods used to retain sediment on the site.
c. 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 manmade materials and facilities.
2. Specific standards.
a. Impervious surface lot coverage shall not exceed
thirty-five percent (35%} of the lot area far ail zoning districts with exception of the
CBD, Central Business District in which impervious surface lot coverage shall nat
exceed ninety percent (90%). These requirements may be amended through the variance
process and shall comply =~~ith the following standards:
(i} All. structures, additions or expansions shall
meet setback and other requirements of this Code.
(ii) The lot shall be served with municipal sewer
and water.
(iii} The lot shall provide for the collection and
treatment of stormwater in compliance with Chapter 9 of the City Code if determined that
the site improvements will result in increased runoff directly entering a public water. A11
development plans shall require review and approval by the City Engineer and the
underlying watershed district.
(iv} Measures will be taken for the treatment of
stormwater runoff and/or prevention of stormwater from directly entering a public water.
The measures may include, but not limited to the following:
A. Appurtenances as sedimentation basins,
debris basins, desalting basins, or silt traps.
basins on store sewer inlets.
B. Installation of debris guards and microsilt
C. Use where practical, oil skimming devices
or suing catch basins.
D. Direct drainage away from the lake and
into pervious, grassed yards through site grading, use of gutters and down spouts.
E. Construction of sidewalks of partially
pervious raised materials such as decking, which has natural earth or other pervious
material beneath or between the planking.
F. Use grading and construction techniques
that encourage rapid infiltration, e.g., sand and gravel under impervious materials with
adjacent infiltration swales graded to lead into them.
G. Install berms, water bars, or terraces,
which temporarily detain water before dispersing it into the pervious area.
b. When constructed facilities are used for stormwater
management, documentation must be provided by a qualified individual that the
constructed facilities are designed and installed consistent with the field office technical
guide for the local soil and water conservation districts.
c. Newly constructed stormwater outfall to public
waters must provide for filtering or settling or suspended solids anal skimming or surface
debris before discharge.
3. Nonconformities. All legally established
nonconformities as of the date of this section may continue, but they will be managed
according to Section 9.105 of this Code with the following exceptions:
a. Decks are allowed as a conforming use provided all
of the fallowing criteria and standards are met:
structure setbacks were established.
exists.
(i) The principal structure existed on the date the
(ii) No other reasonable location far the deck
(iii) The deck encroachment toward the ordinary
high water level maintains a minimum setback in accordance with applicable code
sections and a maximum encroachment often (l 0) feet into the Shore Impact Zone.
(9) Public Nuisance: Penalty
(a} Any person ~.vho violates any provisions of this dastrict or fails to
comply with any of its terms or requirements shall be guilty of a misdemeanor,
punishable by a fine of not more than $500 or imprisoned for not more than ninety (90)
days, or both, and in addition shall pay all costs of prosecution and expenses involved in
the case. Each day the violation continues shall be considered a separate offence.
(b) Every obstruction or use placed or maintained in the Shoreland
Overlay District in violation of this Chapter is hereby declared to be a public nuisance
and creation thereof may be enjoined and the maintenance thereof abated by appointed
judicial action.
(c) Nothing herein contained shall prevent the City from taking such
other lawful action as is necessary to prevent, remedy or remove any violation.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: June 9, 2008
Second Reading: June 23, 2008
Date of Passage: June 23, 2008
Offered by: Diehm
Seconded by: Kelzenberg
Roll Ca11: Ayes: Peterson, Diehm, Kelzenberg Nay: Nawrocki Absent: Williams
Attest:
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/ ~,va~-~...~---- `~~-cis ~~.
~' Patricia Muscovitz, CMC
City Clerk
~Vlayor Gary L. Peterson