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HomeMy Public PortalAbout275CITY OF MEDINA ORDINANCE NO. 275 AN ORDINANCE AMENDING SECTIONS 720.07, 825.07, 825.21, 827.01 ET SEQ. , 827.29 AND 828.63 OF THE MEDINA CITY CODE REGARDING THE SHORELAND OVERLAY DISTRICT The City Council of the City of Medina Ordains as follows: SECTION I: The Code of Ordinances of the City of Medina is amended by deleting the ctrickcn materials and adding the shaded material as follows: A. INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEMS CODE. 720.07. Definitions. For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, the words "should" and "may" are permissive. All distances, unless otherwise specified, shall be measured horizontally. Subd. 1. Administrator - That person charged with the enforcement of local sanitary ordinances, including, but not limited to zoning administrators, sanitarians, building officials, and health officers. Subd. 2. Aerobic Tank - Any sewage tank which utilizes the principle of oxidation in the decomposition of sewage by the introduction of air into the sewage. Subd. 3. Agency - The Minnesota Pollution Control Agency. Subd. 4. Agency Approved Disposal Facility - Any disposal facility which has an NPDES (National Pollutant Discharge Elimination System) Permit or State Disposal System Permit or letter of approval from the Agency. Subd. 5. Alternative System (Innovative System) . An individual sewage treatment system designed to mitigate site characteristics of high groundwater and slow permeability. The two general types of systems are the innovative subsurface absorption systems (including shallow trenches and equal distribution system) and innovative mound systems. Engineering methods and devices employed by innovative systems are presented in the Design Manual. Subd. 6. Baffle. A device installed in a septic tank for proper operation of the tank, and to provide maximum retention of solids. Includes vented tees and submerged pipes in addition to those devices that are normally called baffles. Subd. 7. Bedrock - That layer of parent material which is consolidated and unweathered. RHB48876 ME230-5 1 Subd. 8. Bedroom - Any room within a dwelling unit which is designed, used, or intended for use as a sleeping room. Subd. 9. Building Drain - That part of the lowest piping of the drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning at least one foot outside the building footings. Subd. 10. Building Sewer - That part of the drainage system which extends from the end of the building drain and conveys its discharge to an individual sewage treatment system. Adequate cleanouts shall be provided according to the State Plumbing Code. Subd. 11. Capacity - The liquid volume of a sewage tank using inside dimensions below the outlet. Subd. 12. Cesspool - An underground pit into which raw household sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil. Subd. 13. Clerk -Treasurer - The Clerk -Treasurer of the City of Medina. Subd. 14. Council - The Council of the City of Medina. Subd. 15. Distribution Pipes - Perforated pipes or agricultural drain tiles that are used to distribute sewage tank effluent in a soil treatment system. Subd. 16. Dosing- Dosing is the periodic application of effluent to soil absorption area. Subd. 17. Distribution Device - A device which is used to distribute sewage tank effluent to the distribution pipes. Subd. 18. Dosing Device - A pump, siphon, or other device that is used to discharge sewage tank effluent from the dosing chamber into the distribution device or treatment system. Subd. 19. Dosing Chamber - (or pump pit or wet well) A tank or separate compartment following the sewage tank which serves as a reservoir for the dosing device. Subd. 20. Dwelling Unit - A residential building or portion thereof arranged, designed, used or intended for occupancy by a single family but not including hotels, motels, boarding or rooming houses or tourist homes. Subd. 21. Equal Distribution - The distribution of sewage effluent equally over the entire soil absorption area. Subd . 22 . Existing System - Any individual sewage treatment system installed before the effective date of this regulation, and any system for which a permit has been issued by the local unit of government before the effective date of these standards. RH848876 MH230-5 2 Subd. 23. Filter Material - Clean rock, crushed igneous rock or similar insoluble, durable and decay -resistant material free from dust, sand, silt, or clay. The size shall range from one-half inch minimum diameter to two and one-half inch effective diameter. Subd. 24 . Floodplain - Means lands which are subject to flooding during a ten-year flood as defined herein. Note: If there are any lake levels which have been recorded for a number of years by the Department of Natural Resources, these should be referred to and the highest known level of the watertable in the lake should be the reference point for the location of sewage disposal systems. If a floodplain ordinance is in effect, the required regulations in the Minnesota Shoreland Ordinance apply. Subd. 25. Greywater - Liquid waste from a dwelling produced by bathing, laundry, culinary operations and from flood drains, and specifically excluding toilet waste. Subd. 26. Impermeable - With regards to bedrock, a bedrock having no cracks or crevices and having a vertical permeability less than one inch in 24 hours shall be considered impermeable. With regard to soils, a soil horizon or layer having a vertical permeability less than one inch in 24 hours shall be considered impermeable. Subd. 27. Individual Sewage Treatment System - A sewage treatment system, or part thereof, serving a dwelling, or other small living or business unit, or group thereof, which utilizes soil treatment and disposal. Subd. 28. Lawn Area - The area bounded by the dimensions required for the proper location of the soil treatment area. Subd. 29. Mottling - A zone in soil of chemical oxidation and reduction activity, appearing as splotchy patches of red, brown, orange, and gray. Subd. 30. Mound System - A system where the soil treatment area is built above -ground to overcome limits imposed by proximity to watertable or bedrock, or by rapidly or slowly permeable soils, as described in the Medina Sewer System Design Manual. Subd. 31. New System - Any individual sewage treatment system installed after the effective date of these standards. Subd. 32. Official Soil Map - The Soil Survey of Hennepin County, Minnesota, 1974, a copy of which is attached hereto and made a part hereof by reference, adopted as the official Soil Survey of the City of Medina together with any detailed supplemental operational Soil Surveys made pursuant to such map. Subd. 33. Percolation Rate - The time rate of a drop of water surface in a test hole as specified in Section IV of this regulation. Subd. 34. Non -conforming System - A prohibited system; a system located within a designated 10-year floodplain; a system which does not meet all the location design or construction standards of the Design Manual; a system which is being used beyond its capacity; a system which has failed to treat properly and/or dispose of RHB48876 ME230-5 3 the entire current input; a system which results in one or more of the following conditions: (a) A discharge of pollutants, or any liquid, to the surface of the ground or to any lake, stream, or other body of water. (b) An inability to accept a sewage input from an unoccupied building. (c) The creation of a safety hazard due to unprotected or improper construction or maintenance. (d) The creation of any type of public nuisance. Subd. 35. Plastic Limit - A soil moisture content below which the soil may be manipulated for purposes of installing a soil treatment system, and above which manipulation will cause compaction and puddling. Subd. 36. Pressure Distribution System - This distribution system consists of a pumping chamber and properly sized pumps and pipe to accomplish equal distribution. Subd. 37. Privy - A toilet waste treatment device consisting of a pit where only toilet wastes, fecal matter, urine and toilet paper are discharged. The privy shall be used in conjunction with a greywater system. Subd. 38. Sand - A soil texture composed by weight of at least 25 percent of very coarse, coarse and medium sand varying in size from two to 0.25 mm. less than 50 percent of fine or very fine sand ranging in size between 0.25 and 0.50 mm. and no more than ten percent of particles smaller than 0.05 mm. Subd. 39. Seepage Pit - (or leaching pit or dry well) An underground pit into which a sewage tank discharges sewage or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit. Subd. 40. Septage - Those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids which are removed from a holding tank. Subd. 41. Setback - A separation distance measured horizontally in which no Individual Sewage Treatment and Disposal System can be constructed. Subd. 42. Sewage - Any water carried domestic waste, exclusive of footing and roof drainage, from any industrial, agricultural, or commercial establishment, or any dwelling, or any other structure. Domestic waste includes, but is not limited to liquid waste produced by bathing, laundry, culinary operations and liquid wastes from toilets and floor drains, and specifically excludes animal waste and commercial process water. Subd. 43. Sewage Tank - A water -tight tank used in the treatment of sewage. Includes, but is not limited to, septic tanks and aerobic tanks. RHB48876 ME230-5 4 Subd. 44. Sewage Tank Effluent - That liquid which flows from a septic or aerobic tank under normal operation. Subd. 45. Septic Tank - Any watertight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, store solids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system. Subd. 46. Site. The proposed on -site sewage treatment system area. Subd. 47. Site Evaluator - Any person so designated by the city such as a soil scientist, geologist, or registered professional engineer. Subd. 48. Slope - The radio of vertical rise or fall to horizontal distance. Subd. 49. Soil Boring - Any type of excavation capable of revealing detailed characteristics of penetrated soils . Subd. 50. Soil Classification. Where soil particle sizes or textures are specified in this regulation, they refer to the Guide for USDA Soil Textural Classification (See Figure 11) . Subd. 51. Soil Permeability - The rate of water infiltration into the soil expressed as a rate (inches per hour) . Permeability is most often measured by the Uhland Core method where the rate at which water passed through a water saturated soil under one-half foot of standing water. Subd. 52. Soil Scientist - A person who has had four years academic training and who has had field experience in the identification of the soil types defined in the Soil Survey of Hennepin County, Minnesota, 1974. Subd. 53. Soil Survey - The systematized study of soils, including the study of particulate makeup, slope, permeability, and other morphological soil characteristics; the systematized study of soil behavior and predictions of soil behavior for purposes of individual soil treatment and Sewage Disposal Systems; the classification of soils into defined soil types; soils mapping to show the boundaries of specific soil types and their geographic distribution, as set forth in Standard Soil Survey USDA, a copy of which is attached hereto and made a part hereof by reference. Subd. 54. Soil Treatment Area - An area where sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and also by transpiration. Includes those systems commonly known as seepage bed, trench drainfield, disposal field, and includes mounds, electroosmosis systems, and seepage pits. Subd. 55. Standard System - An individual sewage treatment system employing a sewage tank and the soil treatment system commonly known as trenches, drainfield, or leachfield. Subd. 56. Surfacewater Flooding - On major streams, the ten-year floodplain as defined by the Department of Natural Resources, or where a floodplain is estimated by local officials and/or the Department of Natural Resources. On lakes, high water levels as determined or recorded by the Department of Natural Resources RHB48876 ME230-5 5 or, in the case of no department record, by local records or experience. Other surfacewater flooding or high water areas should be determined by local information. Subd. 57. Ten -Year Flood - A flood which has the probability of occurrence once in ten years, or the level to which floodwaters have a ten percent chance of rising in any given year. Subd. 58. Toilet Waste - Fecal matter, urine, toilet paper and any water used for flushing. Subd. 59. Valve Box - Any device which can stop sewage tank effluent from flowing to a portion of the soil treatment system; including but not limited to caps or plugs on distribution or drop box outlets, divider boards, butterfly valves, gate valves or other mechanisms. Subd. 60. Watertable - The highest elevation in the soil where all voids are filled with water, as evidenced by presence of water or soil mottling or other information. Subd. 61. Norm (or Ordinary+ High Water M4a Level - A mark The boundary between. public waters and wetlands at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape-, The normal high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.For watercourses the ordinary high water level is the, elevation of h ..::::..... topof the bank of the charnel,. for reservoirs and flowage, 'the ordin hi water level is the operating elevati?n of the normal:suae pci Subd. 62. Watertight - Constructed so that no water can get in or out below the level of the outlet. Subd. 63. Water Usage - Water usage shall be estimated by the best current available data. B. ZONING ORDINANCE - DEFINITIONS. 825.07. Definitions. The following words and terms shall have the meanings ascribed to them: Subd. 1. Accessory Use or Structure - A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Administrator - The duly appointed person charged with enforcement of this Ordinance. Subd. 3. Agricultural Use - The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including but not limited to the following: (a) Field crops, including: barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. RHB48876 ME230-5 6 (b) Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other domestic animals including ponies, deer, rabbits, and mink, except dogs. (c) Livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. (d) Horticulture - The use of land for the growing or production of fruits, vegetables, flowers, cultured sod and nursery stock, including ornamental plants and trees, for the production of income. (e) Aquaculture - The raising and production of fish and other water related products. (f) Drainage Systems, Tiling, and Irrigation. Subd. 4. Airport or Heliport - Any land or structure which is used or intended for use, for the landing and take -off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structure or rights -of -way. Subd. 25 (a) Subd 4.1. Apartment - A dwelling unit in a building containing three or more dwelling units. Subd. 5. Auto or Motor Vehicle Reduction Yard - A lot or yard where one or more unlicensed motor vehicle (s) , or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment. (See also Junk Yard. ) Subd. 6. Basement - A portion of a building located partly underground but having half or more if its floor -to -ceiling height below the average grade of the adjoining ground. Subd. 7. Bluffline - A line along the top of a slope connecting the points at which the slope becomes less than 12% over a distance of at least 50 feet. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water mark level. Subd. 8. Boathouse - A one (1) story structure not to exceed-10 feet in height, exclusive of safety rells1 used or intended for use for the of storage of boats and accessories. Subd. 25(b)Subd 8.1.' Boarding house (Rooming or Lodging House) - A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed ten persons. Subd. 9. Building - A structure having a roof supported by columns or walls. Subd. 10. Building Line - A line parallel to the street right-of-way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line. Subd. 11. Building Line, Shoreland - A linewalk) ordinary high,.water.level at tiae reciture sett aek beyond w RHBd8876 ME230-5 7 extend. Subd. 12. Building Height - The vertical distance measured from the lowest grade adjacent to a building footprint, to the top cornice of a flat roof, the deck line of a mansard roof, a point on the roof directly above the highest point of a shed roof, the uppermost point on a round or similar arch roof, or a point on the highest gable or hip which is midway between the lowest and highest points of that gable or hip roof. Subd. 13. Building Setback - The minimum horizontal distance between the building and a lot line. Subd. 14. Business - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation. Subd. 15. Carport - An automobile shelter having one or more sides open. Subd. 16. Church - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Subd. 17. Club and Lodge - A public or private building in which the members of one or more public or private organizations regularly assemble. Subd. 18. Comprehensive Plan or Policies - A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in the Minnesota City Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof . Subd. 19. Commissioner - Commissioner of the Minnesota '`Department of Natural Resources. Subd. 20. Community Residential Facility - A state licensed group home or foster home serving mentally retarded or physically handicapped persons. Subd. 21. Conditional Use - The conditional use is a permitted use within the zone, and maintains itself as a permitted use as long as the conditions set down by the City Council are not violated. The Council has the authority to set conditions on the granting of a conditional use permit because, although the use is permitted in the zone, it may be detrimental to the adjoining properties in certain instances, unless various conditions are attached. A conditional use permit runs with the land and can be maintained by subsequent owners as long as the conditions are not violated. There may be instances where a conditional use permit is reviewed annually by a City Council, but this procedure is effective only to determine whether the conditions are being violated. The permit cannot be revoked, on an annual review, if all conditions are being complied with. Subd. 22. County Board - Hennepin County Board of Commissioners. Subd. 23. Curb Level - The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been RHB48876 ME230-5 8 established, the engineering staff shall determine a curb level or its equivalent for the purpose of this Ordinance. Subd. Deck A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally rated to a principal use or site and extending at any point more than three feet above ground. Subd. 24. Drive -In - Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided within a building. Subd. 25. Dwelling Unit - A single -residential ' din or portion the which is arranged, designed, used or intended for use as the living quarters for one lifamily, but not including hotels, motels, or boarding or rooming houses. Subd. 26. Dwelling, Attached - a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 27. Dwelling, Detached - A dwelling which is entirely surrounded by open space on the same lot . Subd. 28. Easement - A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes. Subd. 29. Essential Services - Overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including buildings. Notwithstanding the above, a building may be constructed as an accessory structure to an essential service provided that it may be used only to provide weather protection for stationary equipment, may not exceed 400 square feet and may not exceed 15 feet in height. If a building is constructed as an accessory structure to an essential service, the exterior building materials must be in compliance with Section 828.04 and the site must be landscaped in accordance with Section 828.09 of this ordinance. Subd. 30. Exterior Storage (Includes Open Storage) - The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Subd. 31. Excavation - The removal, breaking or undermining of 300 cubic feet bards or more of the natural surface of the earth. In the shnreovert' ate term means.the use of land for surface or subsurface sand rock, industrial minerals, or nonmetallic minerals and peat not eiodated tnt r Minnesotan Statutes, sections 93.44 to 93.51 Subd. 32. Family - Family is any one of the following: (a) An individual; RBB 4887 6 ME230-5 9 (b) Two or more persons related by blood, marriage or adoption and maintaining a common household; (c) A group of not more than five unrelated persons maintaining a common household. Subd. 33. Farm - A tract of land 10 acres or more in size which is principally used for agricultural activities such as the production of cash crops, livestock or poultry farming. Such farm may include agricultural dwellings and accessory buildings and structures necessary to the operation of the farm. Subd. 34. Feedlots, Livestock - The place of confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. Subd. 35. Fence - A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard. Subd. 36. Flood - A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Subd. 37. Flood Frequency - The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Subd. 38. Flood Fringe - That portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Subd. 39. Flood Proofing - A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 40. Floodplain - The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. Subd. 41. Floodway - The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Subd. 42. Floor Plan - General - A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans. Subd. 43. Forestry - The use and management including logging, of a forest woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, and fences. Subd. 44. Frontage - That boundary of a lot which abuts an existing or dedicated public street. RHB48876 ME230-5 10 Subd. 45. Garage, Private - An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises. Subd. 46. Garbage - All discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Subd. 47. Governing Body - Medina City Council. Subd. 48. Highway - Any public thoroughfare or vehicular right-of-way with a Federal or State numerical route designation; any public thoroughfare or vehicular right-of-way with a Hennepin County numerical route designation. Subd. 49. Home Occupation - Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) no person not residing in the dwelling may be employed on -site in the home occupation; (b) no over-the-counter retail sales; (c) no exterior signs or signs visible from the exterior advertising the home occupation; (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure and may not occupy more than 500 square feet or 25 percent of the principal floor, whichever is less; (f) no customers, clients, patients or students may visit the site in connection with the home occupation; (g) no deliveries associated with the home occupation may be made in commercial vehicles over one ton capacity; (h) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; (i) entrance to the space used for the home occupation must be within the dwelling; (j) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (k) no vehicle displaying the name of the home occupation may be used unless it is customarily parked within an enclosed garage; (1) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; and RHB48876 ME230-5 11 (m) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations. Subd. 49.1. Home Occupation (Conditional) . Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) not more than one person not residing in the dwelling may be employed on -site in the home occupation, regardless of the number of hours worked by the individual; (b) no over-the-counter retail sales; (c) only such signs as are permitted under Section 815.09 of this ordinance; (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure; (f) limited customer, client, patient or student visits to the site in connection with the home occupation; (g) there must be adequate off-street parking for the anticipated number of persons on the site at any one time and the parking area must be screened from view from adjacent properties or rights -of -way; (h) limited deliveries associated with the home occupation in commercial vehicles over one ton capacity; (i) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; entrance to the space used for the home occupation must be within the dwelling; (k) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (1) any vehicle displaying the name of the home occupation must be parked in an enclosed garage or in an area screened from view from adjacent properties or rights -of -way; (m) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; (n) hours of business activity may be limited by the city council to protect the public health, safety and welfare; (j) RHB48876 ME230-5 12 (o) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations; and the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. (p) ........................... Subd. 25(c)Subd. 49.2 Hotel - A building which provides a common entrance, lobby, halls and stairway and in which ten or more people are, for compensation, lodged with or without meals. Subd. 49.3. Individual Sewage Treatment System A sewage treatment system, or part thereof, 'serving a dwelling or other small living or u etasnib,. or group, thereof, which utilizes soil treatment and disposal. .................::.... Subd. 49.4. Intensive Vegetation ,Nearing - The complete rema o bs in a contiguous patch, strip , row, or block Subd. 50. Junk Yard - An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills. Subd. 51. Kennel - Any structure or premises on which three (3) or more dogs over six (6) months of age are kept requiring a license. Subd. 52. Landscaping - Planting such as trees, grass and shrubs. Subd. 25(d)Subd. 52.1Lodging Room - A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall counted as one lodging room. Subd. 53. Lot - A parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof. Subd. 54. Lot of Record - Any lot which is one unit heretofore duly approved and filed that has been recorded in the office of the County Recorder for Hennepin County, Minnesota, prior to the effective date of this Ordinance. Subd. 55. Lot Area - The area of a lot in a horizontal plane bounded by lot lines, but not including any area occupied by a floodplain as designated on the adopted HUD/DNR Floodplain Map or area occupied by a wetland as designated on the Hennepin County Soil and Water Conservation District Map. Subd. 56. Lot, Corner - A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty- five degrees. RHB48876 ME230-5 13 Subd. 57. Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. Subd. 58. Lot Line - The property line bounding a lot except that where any portion of a lot extends into the public right-of-way. The public right-of-way shall be the lot line for applying this Ordinance. Subd. 59. Lot Line, Front - That boundary of a lot which abuts an existing or dedicated public street. For purposes of addressing a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the City Council. Subd. 60. Lot Line,: Rear - That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Subd. 61. Lot line, Side - Any boundary of a lot which is not a front lot line or a rear lot line. Subd. 62. Lot, Substandard - A lot or parcel of land for which a deed has been recorded in the office of the Hennepin County Recorder upon or prior to the effective date of this Ordinance which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance. Subd. 63. Lot, Through - A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this Ordinance. Subd. 64. Lot Width - The maximum horizontal distance between the side lot measured within the first thirty feet of the lot depth at the b •i g :setback line. Subd. 65. Metes and Bounds - A method of property description by means of their direction and distance from an easily identifiable point. Subd. 66. Mining - The extraction of sand, gravel, rock, soil, black dirt or other material from the land in the amount of one thousand cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of materials associated with construction of a building, provided such removal is an approved item in the building permit. Subd 6 1 Mobile Home - A dwelling unit bearing the seal of the ,state building Tinspector classifying it as a mobile home. Subd. 67. Mobile Home Park - Any site, lot, field, or tract of land under single ownership, designed, maintained or intended for the placement of two (2) or more occupied mobile homes. "Mobile Home Park" shall include any buildings structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park. Subd. 25 (f) Subd . 67.1. Modular Home - A dwelling unit bearing the seal of the Estate 4building (inspector classifying it as a Mmodular home. RRB48876 ME230-5 14 Subd. 25 (g)$ubd . 67.2.Motel A building or group of detached semi-detached, or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients . Subd. 68. Multiple Residence - Three or more dwelling units in one structure. Subd. 69. Nursery, Landscape - A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction. Subd. 25 (h) Subd. 69.1.' Nursing Home - A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the Sstate B-board of 44health as provided for in Minnesota Statutes, Ssection 144.50. Subd. 70. Official Map - The map established by the governing body in accordance with the City Planning Act (MSA 462.354), showing streets, highways, parks and drainage, both existing and proposed. Subd. 71. Off -Street Loading Space - A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of a size as to accommodate one vehicle of the type typically used in the particular business. Subd. 72. Open Sales Lot (Exterior Storage) - Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale. S.ubd 73 Ordinary High Water Mar Level - n The bo nd bet veex water, and wetl d t eleaatiox delineating the highest water level which has been maintained fora sufficient period of time to leave evidence upon the landscape, The Ordinary high water mark is commonly that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. TR areas where the ordinary high water mark is not evident, cetbackc chall be flow or open dater. tho main channel, adjoinin sloughs= For watercourses, the trrdinance high water level is the eleva,t�ion off` the top tha..bank of the or ervo and flowagea, the or ::. wit ► is the opera l tion f tlae normal summer pool. Subd. 74. Parking Space - A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile. Subd. 75. Pedestrian Way - A public or private right-of-way across or within a block, to be used by pedestrians. Subd. 76. Planning Commission - The Planning Commission of Medina except where otherwise designated. Subd. 77. Principal Structure or Use - One which determines the predominant use as contrasted to accessory use or structure. RHB48876 ME230-5 15 Subd. 78. Property Line - The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like. Subd. 79. Protective Covenant - A contract entered into between private parties which constitute a restriction of the use of a particular parcel of property. Subd. 80. district, county, Si section 105. ...................................... ..................................... Subd. 81. Public Land - Land owned or operated by municipal, school state or other governmental units. effne ivlinuesoMinnesota Statutes, Recreation, Public - Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation. Subd. 82. Recreation, Commercial - Includes all uses such as bowling alleys, golf courses, driving ranges, and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public. Subd. 83. Recreation Equipment - Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five square feet of floor area or sheds utilized for storage of equipment . Subd. 84. Reclamation Land - The improvement of land by deposition of material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land. Subd. 85. Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47. Subd. 86. Refuse - All putrescible and nonputrescible solid wastes, except body wastes, and including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes . Subd. 87. Regional Flood - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Subd. 88. Regulatory Flood Protection Elevation - A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. RHB48876 PtE230-5 16 Subd. 89. Riding Stable - Commercial - Where horses are boarded for a fee or which has facilities for providing riding instructions, training, and sale of horses. Subd. 90. Riding Stable - Private - Stables, barns and facilities for the keeping and riding of horses, both indoor and outdoor, as an Accessory Use to a Single Family Dwelling, and for no commercial use. Subd. 91. Riding Stable - Public - Where horses are boarded but which provide horses for rent, for recreational use and operate as a livery stable. Subd. 92. Road - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated, Ingress and egress easements shall not be considered roads . Subd. 93. Sanitary Landfill - A method of disposing of solid waste on land in accordance with a preconceived plan and without creating nuisances or hazards to public health or safety but utilizing the principles of environmental planning and engineering to confine solid waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an adequate layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be required. Subd. 94. Selective Cutting - The removal of single scattered trees. Stybd. 94.1 Shore Impact Zone Land'' located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the Structure setback. Subd. 95 . Shoreland - Land located within the following distances from public waters:'. (1) 1,000 feet from the normal high water Mark -level of a lake, pond, or flowage; and (2) 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the commissioner. Subd. 96. Shoreland Setback - The minimum horizontal distance between a structure and the normal high water mark level.; ..:............. ................. nu poarEt rp: and; aC4�rd • ` Steep Slope - In the sl xd < $ < t tivity or development is either not ' co ded or d � . suited due to slope steepness and the siteis soil, characteristics, cribed in available county soil surveys or other technical repels,ess :ate 'design a.nd construction techniques :and farming practices are us+ ice with the provisions of this ordinance. Where specific information is got .ep slopes are lands having average, slopes over 12 percents as Measured • stand' of 50 feet or more, but which are not bluffs.; Subd. 97. Street - A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way. RHB48876 ME230-5 17 Subd. 98. Street, Collector - A street which serves or is designed to serve as a traffic -way for a neighborhood or as a feeder to a major road . Subd. 99. Street, Major or Thoroughfare - A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic. Subd. 100. Street, Local - A street intended to serve primarily as an access to abutting properties . Subd. 101. Street Pavement - The wearing or exposed surface of the roadway used by vehicular traffic. Subd. 102. Street Width - The width of the right-of-way, measured at right angles to the centerline of the street. Subd. 103. Story - That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story. Subd. 104. Structure - Anything constructed, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. Subd . 105 . Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, girders or foundations. Subd. 106. Subdivision - A subdivision is the dividing of a parcel of land into two or more parcels . (a) Platted Subdivision - if any resultant parcel is less than five (5) acres in area and less than three hundred (300) feet in width and the subdividing was done for the purpose of transfer of ownership to effectuate building development or if a new street or road is involved, regardless of the size of the parcel and/or its width, subsequent parcels must be platted in accordance with the terms and procedure of the City of Medina's Subdivision Regulations . (b) Unplatted Subdivision - A division of any parcel of land into two or more parts wherein all parts are at least five (5) acres and at least three hundred (300) feet in width and where no new road is involved. These do not require platting. Subd. 107. Travel Trailer - A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "Trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Minnesota Building Code. RHB48876 ME230-5 18 Subd. 25(i)Subd..1.07.1. Townhouse - A single family building attached by party walls with other single family buildings, and oriented so that all exits open to the outside. Subd. 108. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained. Subd. 109. Use, Accessory - A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 110. Use, Non -Conforming - Use of land, buildings or structures legally existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. Subd. 111. Use, Permitted - A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. Subd. 112. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. A "Principal Use" may be either permitted or conditional. Subd. 113. Use, Conditional - See Conditional Use. Subd. 114. Variance - A variation of the provisions of this Ordinance where it is determined that strict application of the Ordinance would cause an undue hardship. Subd. 115. Wetland - Land which is subject to periodic or continual I. i + d. t,, ;r b, water d ancommonly referred to ac a bog, swamp, or march and transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is :covered by shallow water.; Wetlands must have a predominance of hydric soils, be inundated or saturated by surface water ur ground water at a frequency and duration sufficient to support a prevalence hyc rphytic vegetation typically adapted for life in saturated soil con • 'ens an ?a . Circumstances, support a prevalence of hydrophytic vegetation. Subd. 116. Yard - A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. Subd. 117. Yard, Rear - The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Subd. 118. Yard, Side - The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. RHB48876 ME230-5 19 Subd. 119. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. Subd. 120. Zoning Amendment - A change authorized by the City either in the allowed use within a district or in the boundaries of a district . Subd. 121. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. C. REQUIRED YARDS AND OPEN SPACE. 825.21. Required Yards and Open Space. Subdivision 1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. Subd. 2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building. Subd. 3. The following shall not be considered to be encroachments on yard requirements. (a) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than two feet into a yard. (b) Yard lights and name plate signs as regulated herein. (c) Terraces, steps, uncovered porches, stoops or similar structures which do not extend in elevation above the height of the ground floor elevation of the principal building and do not extend to a distance of less than five feet from any lot line. (d) In rear yard: bays not to exceed a depth of two feet nor to contain an area of more than 20 square feet; fire escapes not to exceed a width of three feet; balconies, breezeways, detached outdoor picnic shelters and recreational equipment, and off-street parking except as regulated in Section 11.05, Subd. 3. Subd. 4. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured. Subd. 5. Lots which abut on more than one street shall provide the required front yards along every street. Subd. 6. Where adjoining structures existing on the effective date of this Chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in the immediate vicinity. On undeveloped lots in the gshoreland overlaylklistrict which have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new principal RHB48876 ME230-5 20 structure may be set back the average setback of the adjacent structures from the ordinary high water mark or fifty (50) feet, whichever is greater, level but not 'within the shore impact zone, provided all dimensional and sanitary provisions of this ordinance are met. Subd. 7. In areas served by private wells or private sewage disposal systems, the Zoning Administrator may require larger lots than required by the zoning districts if soil tests indicate that a larger lot is necessary to insure the sanitary function of such system. ............................... Subd. 8. Structures utilizing a coil absorption tin ih ivi.: u::: sewage disposal freetinerit system shall be set back 150 feet from the ordiri€iry' high water marklevel of all lakes publid +vaters''designated in section 827 03 of this ordinance the distance>;; required by' seet1on.:82' ..0 oaf thin ordinance or such greater distance s may be required by any other app €ea'b1e ordinance or reg�ulattou No structure, except boat houses, piers, and docks, shall be placed at an elevation such that the vel. lowest le;floor, including basement floors, is less than three feet above the or marry high; water level or e highest known water level, ilehev'er la greater' structures' al ;i is oristructed in compliance with se tion 8 sue;. is 4 ordinance Subd. 9. No building permit shall be issued for any lot or parcel which does not abut a dedicated street, or a private roadway in conformance with City regulations. Subd. 10. No lot area shall be developed with impervious cover such as parking lot or driveway or buildings covering 60% or more of the lot area. Subd. 11. No antenna exceeding a height of 1-1/2 times the principal structure's height or twice the distance of a structure's side yard setback, whichever is less, shall be permitted. All antennas in height five feet above the principal structure shall require a conditional use permit. D. SHORELAND DISTRICT. 827.01. Shoreland Overlay''Districts - Purpose and Author; a.t n. a ;;The ` yt recognizes the consequences to the' public health, safety', an genel^a7 welfare r4n the' indiscriminate .use of the' shorelands o ,public waters. The major -purpose of this district is to control the density and location of developments in the shorelands of the public waters of the City in order to preserve and enhance the quality of surface the waters j pxeaerve the ecdii6idc cittalitlx and the natural environmental characteristics of the shorelands and provide;for the wise use.of public waters ati , belated .lad#+ res4uvicea `.in the City. b) ' `hs ordinance is adopted in eoxmpl anee with the horelauid Development Aot, i niiesots` S•tatutes,; sections 103F . 201 eta. and the regulat a r rm t`' thereunder anxd thke un .cipal Planning Act, .11 nxiesota Statutes, 004. eitt" .. e 1, i hformance with state requnrements and to estabilsh ml I Telopmeht within the shorelaud overlay distriet . RHB48876 ME230-5 21 827.03. Water Bodies Included in the Shoreland Overlay ,'District. a) The regulations of the &shoreland Zeaing overlay 43district i tho City of Mod n shall apply to all lands within 1000 feet of the ordinary high water -level of the following des pttbli0 'waters hfn NAME .OF SAKE Mooney Peter Winterhalter Spurzem Unnamed School Half Moon Ardmore Katrina Unnamed Thies Wolsfeld Holy Name Independence DNR PROTECTED WATERS §SIFICATION INVENTORY .II1 RD 27- I34 RD.27-147P NE 27-148€ NE 27-149P NE 27-150P NE 27-151!G NE 27-152P RD 7-153P NE 27-14 NE 27-155 4143NE 27 156 NE 27-157P RD 27-158P RD 7-176 NE - Natural Environment Lake RD - Recreational Development Lake b} ' The regulations of the shoreland overlay, district shall apply to all lands 3010 feet of the following tributary, streams MAW E OP TRIBUTARY STREAM County Ditch '1' NO. 1' Unnamed Ti b ,tary Unnamed Tributary! Unnamed Tributary Unnamed Tributary Elm Creek named Tributary Unnamed Tributary FROM triiriamed Basin 27-494 t Unnamed Basin 27-495W Hig iway 55 in NE 1/4 of sin 27-150P ke 27-158P asin 27-1W +eilina' 27-140 Pioneer Trail in the NE of. ` 1/4 of ...............:................................ TO City limits fit , Thomas Lake 27-5Q` City limits in SW 1 J4 Section 6 City limits in See: City snits City lriiits iriaC1 Elm Creek in. Section Lake Medina 27-146P 827.9504. Permitted and Conditional Uses. Within the shoreland overlay district, no structure or land shall be used except for one or more of the uses establish allowed in the underlying zoning district. In addition bB.oathouses may be allowed within.resideritiai.. triots up to th„ erdin ry high : ator m rk as conditional uses providedthey not designed are ior used for human habitation, end -do not contain sanitary facilities a set back a minimum of 10 feet from the ordinary hig ' eve axic , dz n fle i y n area greater than 250 square feet. All baathouaes 3uus RRB48876 ME2 30- 5 22 be constructed or screened to reduce visibility from public waters and adjtiOP* shorelands through the use of vegetation, topography, color or increased setbaelitiG assuming summer, leaf -on conditions. Boathouses located on shorelands adjacent to rpereatio041.4evelopment waterbodies may occupy an area no greater than 400 squarti 04 the width of the structure may not exceed 20 feet as measured parallel to the r.eljne • 411Ofis and Condition Uses; Notice to COmMi'ssioner. a) Variances frolti flOP.Wts of this ordinance may only be approved in compliance with tho requiteMentai.Of sections 825.45 et seq . of this ordinance. Conditional use perts iay be issued only pursuant to the provisions of section 825.39 et seq of t j(inanee b) A copy of the notice regarding any public hearing to consid variance, conditional use pisitiMit, zoning amendment, subdivision of property other approval authorized or required by this ordinance affecting 1a**r. shoreland overlay district shaltbe sent to the commissioner. to be sent to the commissioner shall be mailed or delivered 10 days"" to hearing. A copy of notice to consider a subdivision of property sha of the proposed subdivision. c) A copy of all approved Zoning amendments, subdivisions, variance Ponditional use permits affecting land within the shoreland overlay district shalt #4t to the commissioner within 10 days after final action or approval. W *#rlance has been approved despite the conunissionTos recommendation of denial, the opy of the final action required by this paragraT4 (c) shall be accompanied...:, summary of the public record and testimony regarding the matter and the 044,1010 Of fact and conclusions which support the issuce of the...variaiiee. 827.0-7-06. Lot StandardaArea, Hcight, Lot Width, and Yard Requircmcnto. addition to All the lot area, building height, lot width, and yard requirements ahati bo thoGe of the underlying zoning district, 411.lOiti-wthriit the sh6relan lstrlct shilr.:66114PlY with the feliewing-a€14444.144*quirements of istis seetlon a) The folloiditig standards shall be applicable to lots in the designated 44:derlying.„.;90#4.0/#00#4, :rung DistrictiPubho ater Designatum ... Let Width at 049FPland aod Odrnay High Water Structure Setbacks from Ordinary High Water Level 150f 75' 50' huff sewage TrpAtment FtHE48876 ME230 - 5 23 Urban Residential/ NE Lakes I3 Lake$ t utary Streams Rural; Commercial and Urban Commercial and Urban Industrial/ Tributary Streams e; N/A 100' 75' Commercial and industrial uses located on public watere ted needs shall be set back from the ordinary ce indicated above or shall be su.' stantially screeeeti f E 't pography Or vegetation, assuming summer leaf-4 .6 nc b) O aria x�e uarem�n or5114.0ry t . a1ng n n mum lnt area requirements at ; ievel may be Zoning trict suburban Resider i i1 Urban Residential ...................... .................... .................... NE Lakes RI) Lakes iat Area 1300''sq. 0sq. ft. ............................. 40;sq. ft. 20,000 sq. ft. Inc area 20, 000''sq ft'' 15,000;sq. ft. 20,000 sq. ft. 15,000>'sq. ft Subd. 2. Land Height (above high water line at building) -4 feet. Subd. 3. c) The maximum lot area covered by impervious surfaces shall ................................................. not exceed thirty (30) twr»v 25 )', percent. d) .et se level or es shall be constructed so that the la+rest level., excluding Mkt an ete.*ation which is in compliance with the ;I eq irementa :dinattoeor a minimum of three feet above the t0 water level, whiche *er is greater. +e).. No structure, ind vid seinra,ge treatment system, road, driv. other rovement may be constructed on a steep slope prior to evaluation zoning administrator of such improveMent with respect to soil erosion and visibility from public waters. The zoning adraristrator may require mit ative measures to prevent soil erosion or to preserve ting vegetative screening g 827.88 7. Shoreland ration Subd 1. of vegetation prevent soil erosion, preserve shoreland aest bank slumping, and p»►tect fish and wil necessary for the construction of structu or for the construction of roads..a 14i I vegetation alteration standards. or tope agi i3 ii b re ated etics, prese a historic sues,, prevent dlife hab ite,t Vegetation alteration urces and individual sewage treatment asking areas s i1 be exempt from the idivision . Removal ` or alteration of RHB48876 ME230-5 24 eget.atian, a ccpt ' r a i t.. the £c+wxatg.. sd*ds water: bra ao r kr hap#�et'zone 'shall 'not e irxg of trees and shrubs and tied to provide a view to the the placemenfi. of..:permitts . Tesimivehicles, or sumi.ngsummer, le reams, existing shad ......................... ............................ individual .sewage t eo .street nr per ts:far; ad;xxg Ltd:: `zg ::p accorace nth the :p visions r..fal�tl ;: trld�t�oxa caatiorxxasary;nr tie ccrnstrti,ii eta#`; :ids, or driveways ;di s s?al not require the issuar fiance but sh:` 3 of this ordi% section e compliance with ........................... Subd. 3`. Roads and Parking Areas. Road and parking areas shall be located to retard the runoff of surface waters and nutrients in accordance with the following criteria: a) Where feasible, all roads and parking areas shall meet the building setback requirements of this ordinance,; b) In no instance shall a road or parking area be placed closer than 50 feet from the ordinary high water Maw r level or within the shore fact 0hever is more restrictive, and c) Natural vegetation or other natural materials shall be used to screen roads and parking areas when viewed from the public waters . Stormwa e anaLrement,; n passible, existing natural drainageways wet]anc all be used to convey, stvr , filter, and retain stc ter to,publie waters wetlands and'public waters that are designated. o11, tjtocted'waters inventory maps prepare ux�d r nnesota Statutes, Settt$0.4 G. 201. Development shall be planned and constructed in a mariner which :Will Minimize the extent of disturbed areas, runoff velocities, ergs OOh potential,, ,ailed reduce and delay rune f volt m. es . Disturbed areas shall be stabilized and protected RHB48876 ME230-5 25 000#4.and fa cilit�a.or tnethocis sl�all.l�:us,�c ............................................................................................. etointe.ntx:?tionsit vegetation conditio n are not s fi€ nt to . *st'4 `a a aiad �% 'geta #£3u; a du dx�r±sr�y n basins , sk mmin deVi;c a dim .................................................................................................... o :end ormwatr runoff adequately using constructed facilities such as dikes waterways, and ponds may be rioui��re and' �cay..aori" tandards iUSOPO Othitted if >'Steep slop, �s:are nai kafiinad t rta ent xe anon. The shore �mpa k acne t' pe to ted ag ultu use :;af l 1 h+ area Within a line pazaL t d from the ordinary *egla} A; ini•end ca rat p usas shall:b conduo od accordan :• tti�re h eL i4u ► $ . 6 ©f phis q#►dina e o essing shl be ib:94tedonszstant with: setlo .tsndard for. struturos from ordinar alter ley+ ,public Ovate ,�. E. PUD ORDINANCE. 827.29. Development Standards . Subdivision 1. A PUD in any unsewered residential district shall have a minimum of ten acres, excluding land within the flood plain district and excluding existing rights -of -way. A PUD in any other district shall have a minimum area of five acres, excluding land within the floodplain district and excluding existing rights of way. The city council may grant an exception to the minimum area requirement if it finds that at least one of the following conditions exists : (a) there are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; (b) the property is directly adjacent to or across a right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or (c) the property is located in a transitional area between different land uses and the development will be used as a buffer between the uses . ............................................................. Subd. 2. Within a PUD, density for residential andL>i'"Sidei3tial developments shall be as permitted within the underlying zoning district . Individual lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards . Subd. 3. Setbacks within a PUD shall be the same as required within the underlying zoning district unless the developer can demonstrate to the city's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures . This subdivision does not a Mp to any setback required by sections 827.01 et seq . of this ordinanl . RHB48876 ME230-5 26 F. PERFORMANCE STANDARDS. 828.63. Excavation. a) A land alteration permit shall be applied for and ehall tray be issued by the Zzoning Aadministrator for such excavating, grading armor filling of any land as would be a substantial alteration of existing ground contour of 300 cubic yards or more or would change existing drainage or cause flooding, and for such removal or destruction of ground cover as would result in less beneficial cover for present and proposed future development, and or would impair the use and enjoyment of any property according to the intent and purpose of this 9rdinance. B reland o x rl y s et, a land: alteration : 0.. the movement of moire than 10 cubic yar'i i a. shore impact ,zone or the movement of mo ether area of t e shore nd over dis tri SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 1st day of June 1993. ATTE Jef r rlson, Clerk -Treasurer Anne E. Theis, Mayor Published in the Crow River News this 14th day of June , 1993. RHE48876 ME230-5 27