Ordinance No. 1224 02-13-2006ORDINANCE NO. 1224
AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CREATING CHAPTER 205.32
SHORELAND OVERLAY DISTRICT O-7
AND SUMMARY
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to provide a new Section
205.32 O-7 for the purpose of creating, pursuant to Section 3 of the Fridley City Charter, a Shoreland
Overlay District for the purpose of protecting shoreland property from overdevelopment.
IL Summarv
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 205 is hereby amended to include a Section 205.32, Shoreland Overlay District. In
summary, Section 205.32 limits the amount of impervious surface on shoreland properties to 35 percent
and sets building setback limits according to DNR guidelines on shoreland properties, which are defined
as any property abutting a protected waterway in the City of Fridley.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of the City
of Fridley's Zoning Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13t'' DAY
OF FEBRUARY.
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ATTEST:
�
DEBRA A. SKOGEN, CLERK
Public Hearing: November 21, 2005
First Reading: January 23, 2006
Second Reading: February 13, 2006
Published: February 23, 2006
ORDINANCE NO. 1224
AN ORDINANCE CREATING CHAPTER 205.32 O-7 OF THE FRIDLEY CITY CODE
PERTAINING TO SHORELAND OVERLAY DISTRICT
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby created as follows:
205.32 O-7 SHORELAND OVERLAY DISTRICT
1. PURPOSE AND 1NTENT
A. The � unre_u� lated 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. 103FF, 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 ''��.�.� 205.32.4.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 Code.
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 205 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 ofthe districts, the more restrictive requirements shall apply.
F. Exemption. A structure or use which was lawful before adoption of this Chapter, but which is not
in conformity with the provisions of the shoreland overlay district, may be continued subject to
Section 205.04.3 of this Code.
2. DISTRICT BOUNDARIES
The boundaries of the shoreland permit overlay district within the city consists of the first tier of riparian
lots abutting a protected lake or tributary identified in Section ''��.�.� 205.32.4.B of this Code. The
specific boundaries of the shoreland permit overlay district are shown on the official Fridley �e�g
Shoreland Overlay District Map in the Fridley Zonin_� Code.
Ordinance No. 1224
3. DEFINITIONS
Page 2
For the purpose of this Chapter certain terms and words are hereby defined: Words used 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. Bluff.
Those steep slopes lying between the ordinary high water mark and the River Corridor boundary
having an angle of ascent from the river of more than twelve percent (12%) from the horizontal.
C. Bluffline.
A line delineating the top of the bluff connecting the points at which the angle of ascent becomes
less than twelve percent (12%). More than one (1) bluffline may be encountered.
D. Bluff Impact Zone
The area between the Bluffline and forty (40) feet inland from the bluff.
E. Commission.
The City of Fridley Planning Commission.
F. Commissioner.
The Commissioner of the Department of Natural Resources of the State of Minnesota.
G. Council.
The Fridley City Council.
H. Critical Area.
The area known as the Mississippi River Corridor Critical Area designated by the Governor in the
Executive Order No. 130.
Development.
The making of any material change in the use or appearance of any structure or 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 of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2)
or more parcels.
Ordinance No. 1224
Page 3
J. 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 increased rate of flow tan existed
prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots,
storage areas, and concrete, asphalt, or gravel roads.
K Lot Coverage.
The amount of impervious surface on a lot.
L. 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 predominantly aquatic to predominantly
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.
M. Shoreland
Shoreland means land located within the followin� distances from the ordinary hi�h water
elevation of public waters:
(1) land within 1,000 feet from the normal hi�h watermark
of a lake,�ond, or flowa_�e; and
land within 300 feet of a river or stream or the
landward side of a floodplain delineated by ordinance on the
river or stream, whichever is _ re� ater.
N. Shore Impact Zone
The area between the ordinary high water mark and fifty (50) feet inland from the ordinary high
water mark.
O. 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 Fridley 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.
Ordinance No. 1224
Page 4
B. Official map. The shoreland permit district for the waterbodies listed below shall be shown on the
Fridley Zoning Map.
(1) Lakes
Recreational Development Lakes Protected Waters Inventory I.D. #
Moore Lake
Spring Lake
General Development Lakes
Locke Lake
2-75P
2-71 P
Protected Waters Inventory I.D. #
2 - 77P
Harris Pond 2-684W
Farr Lake 2-78P
Natural EnvironmentLakes
Public Water in Springbrook Park
(2) Rivers and streams
Rivers
Mississippi River
Tributary Streams
Norton Creek
Oak Glen Creek
Rice Creek
Springbrook Creek
Stoneybrook Creek
5. ADMINISTRATION
From
Protected Waters Inventory I.D. #
2-688P
To
Sec 3, T30N, R24W Sec 34, T30N, R24W
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 Code 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 11 of this Code. Where 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 information 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 205.05.6 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 underl. i�_zoning district in which the
subject property is located.
Ordinance No. 1224
Page 5
C. Notifications to the Department of Natural Resources.
(1) Public hearings. Copies of all notices of any public hearings to consider variances,
amendments, 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 before 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 or special uses 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 final action.
6. LAND USE DISTRICT DESCRIPTIONS
Allowed land uses within the shoreland district shall be determined by the underlying zoning district,
as listed within Chapter 205 of City Code.
7. LOT AREA AND WIDTH STANDARDS
Lot area and width standards for residential development shall be regulated per the underlying zoning
district in Chapter 205 of 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
is not located in a shore impact zone or in a bluff 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.
Classes of Public Waters Structure Setbacks
General Development Lake 50 feet
Natural Environment Lake 150 feet
Recreational Development Lake 75 feet
River 100 feet
Tributary Stream 50 feet
(3) Required bluff setback. The following setback shall be applied, regardless of the classification
of the water body:
Classes of Land Structure Setback
Top of Bluff 40 feet
Ordinance No. 1224
Page 6
(4) Bluff impact zones. Structures and accessory facilities, except stairways and landings, must
not be placed within bluff impact zones.
(5) Height of structures. Maximum allowable height for all structures shall be regulated per
underlying zoning district in Chapter 205 of 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 the shore and bluff impact zones and on steep slopes
is not allowed.
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, beach and watercraft access areas, and permitted water-
oriented accessory structures or facilities provided that:
((i)). The screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf-on conditions, is not substantially reduced.
((ii)). Along rivers, e�sting shading of water surfaces is preserved.
((iii)). 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) 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 or
bluff impact zones.
b. The movement of more than 50 cubic yards of material outside of steep slopes and shore
and bluff impact zones.
(4) Conditions. The following considerations and conditions must be adhered to during the
issuance of building permits, land alteration permits, special use permits, variances and
subdivision approvals:
a. Grading or filling in any type 2-8 wetland must be evaluated to determine how
extensively the proposed activity would affect the following functional 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.
((ii)) Storage of surface runoff to prevent or reduce flood damage.
((iii)) Fish and wildlife habitat.
((iv)) Recreational use.
((v)) Shoreline or bank stabilization.
((vi)) Noteworthiness, including special qualities such as historic signif�icance, critical
habitat for endangered plants and animals, or others.
Ordinance No. 1224
Page 7
b. Alterations must be designed and conducted in a manner that ensures only the smallest
amount of bare ground is exposed for the shortest time possible.
c. Mulches or similar materials must be used, where necessary, for temporary bare soil
coverage, and a permanent vegetation cover must be established as soon as possible.
d. Methods to minimize soil erosion and to trap sediments before they reach any surface
water feature must be used.
e. Altered areas must be stabilized to acceptable erosion control standards consistent with
the field office technical guides of the local soil and water conservation districts and the
United States Soil Conservation Service.
£ 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. Fill or excavated material must not be placed in bluff impact zones.
i. Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner under Minn. Stat. § 103G.245.
j. Alterations of topography must only be allowed if they are accessory to permitted or
special uses and do not adversely affect adjacent or nearby properties.
k. 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 feet
horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the
ordinary high water level, and the height of the rip rap above the ordinary high water
level does not exceed three feet. Must be done in accordance with other State and
Federal regulations. Permit from 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 planned 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 possible 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 35 percent of the lot area, except as a
variance, which shall comply with the following standards:
Ordinance No. 1224
Page 8
((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 208 of City Code if determined that the site improvements will result
in increased runoff directly entering a public water. All development plans shall
require review and approval by the city engineer and the underlying watershed
district.
((iv)) Measures to be taken from the treatment of stormwater runoff and/or prevention of
stormwater from directly entering a public water. The measures may include, but
not be limited to the following:
(A) Appurtenances as sedimentation basins debris basins, desilting basins, or
silt traps.
(B) Installation of debris guards and microsilt basins on storm sewer inlets.
(C) Use where practical, oil skimming devices or sump 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 sidewalks �r�' �'r�� °�T �� � 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 which 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 pervious area.
b. When constructed facilities are used for stormwater management, documentation must be
provided by a qualified individual that they are designed and installed consistent with the
field office technical guide of the local soil and water conservation districts.
c. New constructed stormwater outfall to public waters must provide for filtering or settling
of suspended solids and 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 205.32.S.B of this Code €er�k�
, , ,
�te�s�f�z�t�er ��e�se��t� with the following exceptions °+�r�'�r�'� � ;" �'�� � „'�
���ro��r� �
a. Decks ,,,- ,ao,.i, .,,a,a;+;,,r� ,,, i.o .,ii,,.r o,a .r ;+�,,,,,+ ., o +„ ., io �t�ttEt�rr��
�e����°����'° � �m *'�° �r�'�r�n '�����t�e�e�€�€ are allowed as a
conformin_� use provided all ofthe following criteria and standards are met:
((i)). The principle structure existed on the date the structure setbacks were established.
((ii)). ^ *'��r�„�'� ° �'„�*;�r ��*'�° � �°�-*� r�' �*�,�*„r° r° °�'� r No other reasonable
location for a deck m°°*;r� � ° °°�';r� *'�° ° ;�*;r� �r�';r�n '�;�'� � �*°r'°� °'
�o+�,.,,.i, „�+i,o � io �+,-,,,.+,,,-o exists.
((iii)). The deck encroachment toward the ordinary high water level maintains a
minimum setback in accordance with applicable code sections and a maximum
encroachment of 10 feet into the Bluff Impact Zone or Shore Impact Zone.
((iv)). The deck is framed construction, and is not roofed or screened.
Ordinance No. 1224
9. PUBLIC NUISANCE: PENALTY
Page 9
A. Any person who violates any provisions of this district 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 such violation continues shall be
considered a separate offense.
B. Every obstruction or use placed or maintained in the Preservation 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 appropriate 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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 13t'' DAY
OF FEBRUARY 2006.
������
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN ITY CLERK
Public Hearing: November 21, 2005
First Reading: January 23, 2006
Second Reading: February 13, 2006
Published: February 23, 2006