CHAPTER 2.
WASHINGTON COUNTY
SHORELAND MANAGEMENT ORDINANCE (1992) ordinance 106
TABLE OF CONTENTS
SECTION 1 TITLE 1
1.1 Short Title 1
SECTION 2 INTENT AND PURPOSE 1
2.1 Purpose 1
SECTION 3 STATUTORY AUTHORIZATION AND POLICY 2
3.1 Statutory Authorization 2
3.2 Policy 2
SECTION 4 GENERAL PROVISIONS AND DEFINITIONS 2
4.1 Jurisdiction 2
4.2 Compliance 2
4.3 Enforcement 2
4.4 Interpretation 2
4.5 Severability 3
4.6 Abrogation and Greater Restrictions 3
4.7 Definitions 3
SECTION 5 SHORELAND CLASSIFICATION SYSTEM 9
5.1 Protected Waters Inventory Map 9
5.2 Official Zoning Map 9
5.3 Lakes 9
5.4 Rivers and Streams 12
SECTION 6 LAND USE DISTRICTS 13
6.1 Land Use Districts for Lakes 13
6.2 Land Use Districts for Rivers 14
6.3 Tributary Streams 14
SECTION 7 ZONING AND WATER SUPPLY/SANITARY PROVISIONS 15
7.1 Lot Area and Width Standards 15
7.2 River/Stream Frontage Lot Width Standards 15
7.3 Additional Special Provisions 16
7.4 Placement of Structures on Lots 18
7.5 Design Criteria For Structures 19
7.6 Height of Structures 20
1.Shoreland Alterations 20
2.Vegetation Alterations 20
3.Topographic Alterations/Grading and Filling 21Pl
4.Placement and Design of Roads, Driveways, and Parking Areas. 24
5.Stormwater Management 24
6.Standards for Public Uses 25
7.Agricultural Use Standards 26
8.Forest Management Standards 27
9.Conditional Uses 27
10.Water Supply 28
11.Sewage Treatment 28
12.Nonconforming Sewage Treatment Systems 28
SECTION 8 NONCONFORMING USES/SUBSTANDARD STRUCTURES 28
8.1 Legally Established Nonconformities 28
8.2 Additions/Expansions to Substandard Structures 29
8.3 Exceptions to Building Setbacks 30
8.4 Nonconforming Sewage Treatment Systems 31
SECTION 9 SUBDIVISION PROVISIONS 31
9.1 Land Suitability 31
9.2 Consistency With Other Controls 31
9.3 Cluster Developments 31
SECTION 10 ADMINISTRATION 31
10.1 Permits Required 31
10.2 Reconstruction of Nonconforming Sewage Treatment Systems 32
10.3 Certificate of Zoning Compliance 32
10.4 Variances 32
10.5 Notifications to the Department of Natural Resources 33
SECTION 11 EFFECTUATION 34
11.1 Separability 34
11.2 Effective Date 34
WASHINGTON COUNTY, MINNESOTA
CHAPTER 2. SHORELAND MANAGEMENT ORDINANCE (1992)
AN ORDINANCE FOR MANAGING SHORELAND IN WASHINGTON COUNTY FOR THE PURPOSE
OF
PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, AND
TO
PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATER, PRESERVE THE ECONOMIC
AND
NATURAL ENVIRONMENTAL VALUES OF SHORELAND, AND PROVIDE FOR THE WISE
UTILIZATION OF WATER AND RELATED LAND RESOURCES.
THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MINNESOTA
DOES ORDAIN:
SECTION I TITLE
1.1 Short Title. This ordinance shall be known, cited and referred to
as the Washington County Shoreland
Management Ordinance; except as referred to herein, where it shall
be known as, "This Ordinance".
SECTION 2 INTENT AND PURPOSE
2.1 Purpose. This Ordinance is adopted for the purpose of:
(1) Designating suitable land use districts for each body of public water.
(2) Regulating the placement of sanitary and waste treatment facilities on lots.
(3) Regulating the area of a lot and the length of water frontage suitable for building sites.
(4) Regulating the alteration of shorelands of public waters.
(5) Regulating alterations of the natural vegetation and the natural topography along shorelands.
(6) Conserving and developing natural resources, and maintaining a high
standard of environmental quality.
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SECTION 3 STATUTORY AUTHORIZATION AND POLICY
3.1 Statutory Authorization. This shoreland ordinance is adopted pursuant
to the authorization and policies
contained in Minnesota Statutes, Chapter 103 A-I, Minnesota Regulations,
Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter
394.
3.2 Policy. The uncontrolled use of shorelands of Washington County,
Minnesota affects the public health, safety
and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base.
Therefore, it is in the best interests of the public health, safety
and welfare to provide for the wise subdivision, use
and development of shorelands of public waters. The Legislature of
Minnesota has delegated responsibility to local
governments of the state to regulate the subdivision, use and development
of shorelands of public waters and thus
preserve and enhance the quality of surface waters, conserve the economic
and natural environmental values of
shorelands, and provide for the wise use of waters and related land
resources. This responsibility is hereby
recognized by Washington County.
SECTION 4 GENERAL PROVISIONS AND DEFINITIONS
4.1 Jurisdiction. The provisions of this ordinance shall apply to the shorelands
of the public water bodies as classified in Section 5 of this Ordinance.
4.2 Compliance. The use of any shoreland of public waters; the size
and shape of lots; the use, size, type and
location of structures on lots; the installation and maintenance of
water supply and waste treatment systems, the
grading and filling of any shoreland area; the cutting of shoreland
vegetation; and the subdivision of land shall be in
full compliance with the terms of this ordinance and other applicable
regulations.
4.3 Enforcement. The Washington County Zoning Administrator is responsible
for the administration and
enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established
in connection with grants of variances
or conditional uses) shall constitute a misdemeanor and shall be punishable
as defined by law. Violations of this
ordinance can occur regardless of whether or not a permit is required
for a regulated activity pursuant to Section
10 of this ordinance.
4.4 Interpretation. In their interpretation and application, the provisions
of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the
governing body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
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4.5 Severability. If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance
shall not be affected thereby.
4.6 Abrogation and Greater Restrictions. This ordinance is in addition
to and not in lieu of other official controls
adopted by the Washington County Board of Commissioners. Where the
standards, regulations or provisions
contained in this ordinance are inconsistent with or more restrictive,
the provisions of this ordinance shall prevail.
4.7 Definitions. Unless specifically defined below, words or phrases
used in this ordinance shall be interpreted so
as to give them the same meaning as they have in common usage and so
as to give this ordinance its most
reasonable application. For the purpose of this ordinance, the words
"must and "shall" are mandatory and not
permissive. All distances, unless otherwise specified, shall be measured
horizontally.
(1) Accessory
Structure or Facility. Accessory structure or facility means any building
or improvement
subordinate
to a principal use which, because of the nature of its use, can reasonably
be located at or
greater than
normal structure setbacks.
(2) Bluffline.
A line along the top of a slope connecting the points at which the slope,
proceeding away
from the waterbody
or adjoining watershed channel, becomes less than eighteen percent (18%)
and it
only includes
slopes greater than eighteen percent (18%) that meet the following criteria:
(A) Part or all of the feature is located in a shoreland area.
(B) The slope rises at least 10 feet above the ordinary high water level of the water body.
(C) The slope must drain toward the waterbody.
(3) Bluff Impact
Zone. Bluff impact zone means a bluff and land located within 20 feet from
the top of a
bluff.
(4) Building,
Line. Building line means a line parallel to a lot line or the ordinary
high water level at the
required setback
beyond which a structure may not extend.
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(5) Commercial
Use. Commercial use means the principal use of land or buildings for the
sale, lease,
rental, or trade
of products, goods, and services.
(6) Commissioner. Commissioner means the commissioner of the Department of Natural Resources.
(7) Conditional
Use. Conditional use means a land use or development as defined by ordinance
that
would not be
appropriate generally, but may be allowed with appropriate restrictions
as provided by
official controls
upon a finding that certain conditions as detailed in the zoning ordinance
exist, the use
or development
conforms to the comprehensive land use plan of Washington County, and the
use is
compatible with
the existing neighborhood.
(8) Controlled Access Lots. Lots intended to provide access to the lake.
(9) Deck. Deck
means a horizontal, unenclosed platform with or without attached railings,
seats,
trellises, or
other features, attached or functionally related to a principal use or
site and at any point
extending more
than six (6) inches above ground.
(10) Dwelling
Unit. A residential accommodation including complete kitchen and bathroom
facilities,
permanently
installed, which is arranged, designed, and used or intended for use exclusively
as living
quarters for
one (1) family.
(11) Forest Land
Conversion. Forest land conversion means the clear cutting of forested
lands to
prepare for
a new land use other than reestablishment of a subsequent forest stand.
(12) Hardship. Hardship means the same as that term is defined in Minnesota Statutes, Chapter 394.
(13) Height of
Building. Height of building means the vertical distance between the highest
adjoining
ground level
at the building and the highest point of the roof.
(14) Intensive
Vegetation Clearing. Intensive vegetation clearing means the complete removal
of trees
or shrubs in
a contiguous patch, strip, row, or block.
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(15) Lake - General
Development. General development lakes are generally large, deep lakes
or
lakes of varying
sizes and depths with high levels and mixes of existing development. These
lakes
often are extensively
used for recreation and, except for the very large lakes, are heavily developed
around the shore.
Second and third tiers of development are fairly common.
(16) Lake - Natural
Environment. Natural environment lakes are generally small, often shallow
lakes
with limited
capacities for assimilating the impacts of development and recreational
use. They often
have adjacent
lands with substantial constraints for development such as high water tables,
exposed
bedrock, and
unsuitable soils.
(17) Lake - Recreational
Development. Recreational development lakes are generally medium-sized
lakes of varying
depths and shapes with a variety of landform, soil, and groundwater situations
on the
lakes around
them. They often are characterized by moderate levels of recreational use
and existing
development.
Development consists mainly of seasonal and year-round residences and recreational
oriented commercial
uses.
(18) Lot. Lot
means a parcel of land designated by plat, metes and bounds, registered
land survey,
auditor's plot,
or other accepted means, and separated from other parcels or portions by
said
description
for the purpose or sale, lease, or separation.
(19) Lot Width.
The horizontal distance between the side lot lines of a lot measured at
the setback line
and road right-of-way.
(20) Nonconforming
Use. Any lawful use of land or any lawful use of a building or structure
existing on
the effective
date of this ordinance, or any amendment thereto, which use does not conform
with the
regulations
for the district in which it is located after the effective date of this
ordinance or such
amendment.
(21) Nonconformity.
Nonconformity means any legal use, structure or parcel of land already
in
existence, recorded,
or authorized before the adoption of official controls or amendments thereto
that
would not have
been permitted to become established under the terms of the official controls
as now
written, if
the official controls had been in effect prior to the date it was established,
recorded, or
authorized.
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(22) Nonriparian Lot. A lot within the second tier of lots, but not having actual frontage on the lake
(23) Ordinary
High Water Level. Ordinary high water level means the boundary of public
waters and
wetlands, and
shall be an elevation delineating the highest water level which has been
maintained for a
sufficient period
of time to leave evidence upon the landscape, 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 the top of the bank of the channel. For
reservoirs and
flowage, the
ordinary high water level is the operating elevation of the normal summer
pool. On lakes
with an established
ordinary high water level by the Minnesota Department of Natural Resources,
that
elevation shall
be considered the ordinary high water level.
(24) Public Waters.
Public waters means any waters as defined in Minnesota Statutes, Section
103. G.
005 (15).
(25) Riparian Lot. A lot with frontage on the lake.
(26) River -
Transition. Transition river segments are generally either located within
the Minnesota
and Mississippi
river valleys, or within the middle reaches of several rivers in all regions
except the
northcentral
and northeast. Common land uses include forested within riparian strips
and mixtures of
cultivated,
pasture, and forested beyond. Some seasonal and year-round residential
development
exists, particularly
within commuting distance of major cities. The types and intensities of
recreational
uses within
this class vary widely.
(27) River -
Tributary. Tributary river segments consist of watercourses mapped in the
Protected
Waters Inventory
that have not been assigned one of the river classes. These segments have
a wide
variety of existing
land and recreational use characteristics. The segments have considerable
potential
for additional
development and recreational use, particularly those located near roads
and cities.
(28) Sensitive
Resource Management. Sensitive resource management means the preservation
and
management of
areas unsuitable for development in their natural state due to constraints
such as
shallow soils
over groundwater or bedrock, highly erosive or expansive soils,
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steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
(29) Setback.
Setback means the minimum horizontal distance between a structure, sewage
treatment
system, or other
facility and an ordinary high water level, sewage treatment system, top
of a bluff,
road, highway,
property line, or other facility.
(30) Sewage Treatment
System. A sewage treatment system or part thereof, serving a dwelling or
other establishment,
or group thereof, consisting of one or more septic tanks and a soil treatment
system.
(31) Shore Impact
Zone. Shore impact zone means land located between the ordinary high water
level
of a public
water and a line parallel to it at a setback of 50 percent of the required
structure setback.
(32) Shoreland. Shoreland means that land which meets all of the following criteria:
(A) A portion
of the lot must be located within one thousand (1,000) feet of the ordinary
high water
level of any
public body of water or within three hundred (300) feet of the landward
extent of a
floodplain designated
by the Floodplain Ordinance.
(B) A portion of the lot must fall within a shoreland zoning district as delineated on the zoning map.
(C) The lot must
have lake frontage or be in the next tier of lots landward that has primary
access from
the same township
road that serves the lake lots.
(33) Significant
Historic Site. Significant historic site means any archaeological site,
standing structure,
or other property
that meets the criteria for eligibility to the National Register of Historic
Places or is
listed in the
State Register of Historic Sites, or is determined to be an unplatted cemetery
that falls
under the provisions
of Minnesota Statutes, Section 307.08. An historic site meets these criteria
if it is
presently listed
on either register or if it is determined to meet the qualifications for
listing after review
by the Minnesota
State Archaeologist or the Director of the Minnesota Historical Society.
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All unplatted cemeteries are automatically considered to be significant historic sites.
(34) Steep Slope.
Steep slope means land where agricultural activity or development is either
not
recommended
or described as poorly suited due to slope steepness and the site's soil
characteristics,
as mapped and
described in available County soil surveys or other technical reports,
unless
appropriate
design and construction techniques and farming practices are used in accordance
with the
provisions of
this ordinance. Where specific information is not available, steep slopes
are lands having
average slopes
over 12 percent, as measured over horizontal distances of 50 feet or more,
that are not
bluffs.
(35) Structure.
Structure means any building or appurtenance, including decks, except aerial
or
underground
utility lines, such as sewer, electric, telephone, telegraph, gas lines,
towers, poles, and
other supporting
facilities.
(36) Subdivision. Subdivision means the division of a parcel of land
into two (2) or more lots or parcels, for the
purpose of transfer of ownership or building development. The term
includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
(37) Substandard Building, or Substandard Structure. Any building or
structure lawfully existing on the effective
date of this ordinance or any amendment thereto which building or structure
does not conform with the regulations,
including dimensional standards, for the district in which it is located,
after the effective date of this ordinance or
such amendment.
(38) Surface Water-Oriented Commercial Use. Surface water-oriented commercial
use means the use of land for
commercial purposes, where access to and use of a surface water feature
is an integral part of the normal
conductance of business. Marinas, resorts, and restaurants with transient
docking facilities are examples of such
use.
(39) Toe of the Bluff. Toe of the bluff means the lower point of a bluff
with an average slope exceeding eighteen
percent (18%).
40.Top of the Bluff. Top of the bluff means the highest point
of a bluff with an average slope exceeding eighteen
percent (18%).
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41.Unclassified Body of Water. Unclassified body of water means
any lake, pond, backwater, swamp, marsh,
wetland, stream, drainage-way, flowage, river,
floodplain or other water oriented topographical features not
designated as being a natural environment
lake, recreational development lake, general development lake,
or transition river or tributary stream on
the zoning map.
42.Variance. Variance means the same as that term is defined
or described in Minnesota Statutes, Chapter 394.
43.Wetland. Areas that are inundated or saturated by surface
or groundwater at a frequency and duration
sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes,
bogs, and similar areas.
SECTION 5 SHORELAND CLASSIFICATION SYSTEM
5.1 Protected Waters Inventory Map. The public waters of Washington
County have been classified below
consistent with the criteria found in Minnesota Regulations, Part 6120.3300,
and the Protected Waters Inventory
Map for Washington County, Minnesota.
5.2 Official Zoning Map. The shoreland area for the waterbodies listed
in Sections 5.3 and 5.4 shall be as defined in
Section 4.7 (33) and as shown on the Official Zoning Map.
5.3 Lakes.
(1) Natural Environment Lakes.
Protected Waters Name Township
Inventory ID#
2 O'Connors Denmark
9 Cloverdale Baytown
10 McDonald Baytown
14 Little Carnelian Stillwater
15 Loon Stillwater
9
Protected Waters Name Township
Inventory ID#
16 Silver Stillwater
17 Carol (McGuire) Stillwater
18 North Twin Stillwater
19 South Twin Stillwater
25 Louise Stillwater
26 Mud May
28 Staples May
30 Long May
31 Terrapin (North Terrapin) May
33 Mays (South Terrapin) May
34 East Boot May
35 Bass May
36 Turtle May
38 Unnamed (Maple Marsh) May
41 ---- May
42 Lynch May
44 West Boot May
45 Clear (Mays) May
53 Sea New Scandia
55 Nielson (Nielsen) New Scandia
56 Unnamed (German) New Scandia
59 Goose New Scandia
63 ---- New Scandia
64 Fish New Scandia
65 Hay New Scandia
10
Protected Waters Name Township
Inventory ID#
67 Sand New Scandia
68 Long New Scandia
72 White Rock New Scandia
74 Horseshoe West Lakeland
75 ---- Grant
76 Barker May
78 Clear New Scandia
120 Benz Grant
121 Mann Grant
123 ---- Grant
124 Bass Grant
126 Masterman Grant
128 ---- Grant
136 Round Grant
137 Fish Grant
160 ---- Forest Lake
161 Cranberry Forest Lake
162 Shields Forest Lake
168 Mud Forest Lake
331 ---- Grant
2-2 Higgins Forest Lake
25-17 U.S. Lock & Dam - No. 2 Pool Denmark
19-5 U.S. Lock & Dam - No. 3 Pool Grey Cloud Island
--- Inventory But Unnamed Lake
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(2) Recreational Development Lakes.
Protected Waters Name Township
Inventory ID#
21 Long Stillwater
46 Square May
49 Big Carnelian May
52 Big Marine New Scandia
54 Bone New Scandia
80 Halfbreed (Sylvan) Forest Lake
122 Pine Tree Grant
130 Long Grant
(3) General Development Lakes.
Protected Waters Name Township
Inventory ID#
159 Forest Forest Lake
163 Clear Forest Lake
5.4 Rivers and Streams.
(1) Wild & Scenic Rivers
St. Croix River. Lower St. Croix River Bluffland and Shoreland Management
Ordinance requirements must be
followed.
(2) Transition Rivers. Mississippi River
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(3) Tributary Streams.
Browns Creek - Stillwater & Grant Townships
Silver Creek - Stillwater Township
Trout Brook - Denmark Township
Unnamed - Denmark Township, Section 30
Unnamed - Denmark Township, Sections 20, 27 & 28
Unnamed - Denmark Township, Sections 7, 8, 9, 10 & 16
Unnamed - West Lakeland Township, Sections 30 & 31
Unnamed to Sunrise River - Forest Lake Township, Section 6
Unnamed to Hardwood Creek - Forest Lake Township, Sections 26, 27 & 34
Unnamed to Big Carnelian Lake - May Township, Sections 5, 8, 17, 20, 21, 27, 28, 34 & 35
Unnamed to St. Croix River - May Township, Section 19
SECTION 6 LAND USE DISTRICTS
6.1 Land Use Districts for Lakes. All lands within shoreland areas in
the unincorporated areas of Washington
County shall be designated as a Residential Use District. The following
uses are permitted:
(1) Permitted Uses
(A) Single family residential
(B) Parks and historic sites
(C) Agricultural: cropland and pasture
(2) Uses Permitted with a Conditional Use Permit
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(A) (A) Cluster residential development in accordance with Section 738
of the Washington County Zoning
Ordinance.
(3) Uses Permitted with a Planned Unit Development Permit
(A)Townhouse
developments on lakes served with public sewer (Clear Lake & Forest
Lake, Forest
Lake Township)
providing the following standards are met:
(i) Density shall not be increased over that which would be allowed if
the property were
developed into single fancily residential lots.
i.All requirements and procedures are met for a Planned Unit Development
as specified in
Section 507 of the Washington County Zoning Ordinance.
6.2 Land Use Districts for Rivers. All lands within shoreland areas
covered by this ordinance shall be designated in
a Residential Use District. The following uses are permitted:
(1) Permitted Uses
(A) Single family residential
(B) Parks and historic sites
(C) Agricultural: cropland and pasture
(2) Uses Permitted with a Conditional Use Permit
(A) Cluster residential developments in accordance with Section 738 of
the Washington
County Zoning Ordinance.
6.3 Tributary Streams. All lands abutting tributary streams covered
by this ordinance shall be governed by the
underlying zoning district as it pertains to minimum lot size and permitted
uses. Setback and lot width requirements
shall be as contained in this ordinance.
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SECTION 7 ZONING AND WATER SUPPLY/SANITARY PROVISIONS
7.1 Lot Area and Width Standards. The lot area (in acres for unsewered
lakes) (in square feet for sewered lakes)
and lot width standards (in feet) for single residential lots created
after the date of enactment of this ordinance for
lake and river/stream classifications are the following.
(1) Unsewered Lakes.
Area (Acres) Width (Feet)
Natural Environment 2 1/2 200
Recreational Development 1 1/2 150
General Development 1 1/2 150
(2) Sewered Lakes.
Area Width
(Square Feet) (Feet)
Natural Environment 40,000 125
Recreational Development 20,000 75
General Development 15,000 75
7.2 River/Stream Frontage Lot Width Standards. Property fronting on
rivers and streams shall meet the underlying
zoning density restrictions, and in no case shall be less than 2 1/2
acres in size. The lot width standards for single
family residential developments for river/stream classifications are
as follows:
Width (Feet)
Transition 250
Tributary 250
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7.3 Additional Special Provisions.
(1) Only land above the ordinary high water level of public waters can
be used to meet lot area standards, and lot
width standards must be met at both the ordinary high water level and
at the building line. The sewered lot area
dimensions in Section 7.1 (2) can only be used if public urban type
sewer service is available to the property.
(2) Lots intended as controlled accesses to public waters or as recreation
areas for use by owners of nonriparian
lots within subdivisions are permissible, providing all of the following
standards are met.
(A) The lot must meet the width and size requirements for residential lots,
and be suitable
for the intended uses of controlled access lots;
(B) If docking, mooring, or over-water storage of more than six (6) watercraft
is to be
allowed at a controlled access lot, then the width of the lot (keeping
the same lot depth)
must be increased by the percent of the requirements for riparian residential
lots for each
watercraft beyond six (6), consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Required Increase in
Shore Length (acres/mile) Frontage (Percent)
Less than 100 to 1 25 per additional watercraft
100 to 200 to 1 20 per additional watercraft
201 to 300 to 1 15 per additional watercraft
301 to 400 to I 10 per additional watercraft
Greater than 400 to 1 5 per additional watercraft
(C) The lot/lots must be jointly owned by all purchasers of lots in the
subdivision or by all
purchasers of nonriparian lots in the subdivision who are provided riparian
access rights on
the access lot; and
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(D) A development agreement between the developer and Washington County
specifying
which lot owners have authority to use the access lot and what activities
are allowed. The
activities may include watercraft launching, loading, beaching, mooring,
or docking. They
must also include other outdoor recreational activities that do not significantly
conflict with
general public use of the public water or the enjoyment of normal property
rights by
adjacent property owners. Examples of the nonsignificant conflict activities
include
swimming, sunbathing, or picnicking. The development agreement must limit
the total
number of vehicles allowed to be parked and the total number of watercraft
allowed to be
continuously moored, docked, stored over water, or parked on the property,
and must
require centralization of all common facilities and activities in the most
suitable locations
on the lot to minimize topographic and vegetation alterations. They must
also require all
parking areas and other facilities to be screened by vegetation or topography
as much as
practical from view from the public water, assuming summer, leaf-on conditions.
No
structures are allowed to be constructed on these lots.
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7.4 Placement of Structures on Lots. When more than one setback applies
to a site, structures and facilities must
be located to meet all setbacks.
(1) Structure
and On-Site Sewage System Setbacks (in feet) from Ordinary High Water Level.
CLASSES SETBACKS__________________
OF
PUBLIC WATERS STRUCTURES SEWAGE
TREATMENT
LAKES UNSEWERED SEWERED SYSTEMS
Natural Environment 200 150 150
Recreational Development 100 75 75
General Development 75 50 75
Unclassified Waterbodies 75 50 75
* Lake McDonald may have structure setbacks of 150 feet from the normal ordinary high water level.
RIVERS/STREAMS
Transition 200 150 150
Tributary 200 150 150
(2) Additional Structure Setbacks. The following additional structure
setbacks apply, regardless of the
classification of the waterbody.
SETBACK FROM: SETBACK
(IN FEET)
(a) top of bluffline 30
(b) unplatted cemetery 50
(c) right-of-way line of Federal, 150
State, or County Highway from centerline
(d) right-of-way line of town road,
public street, or other roads 40
or streets not classified
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(3) Bluff Impact
Zones. Structures and accessory facilities, except stairways and landings,
must not be
placed within
bluff impact zones.
7.5 Design Criteria For Structures.
(1) High Water Elevations. Structures must be placed in accordance with
any floodplain regulations applicable to
the site. Where these controls do not exist, the elevation to which
the lowest floor, including basement, is placed or
floodproofed must be determined as follows:
(A) For lakes, by placing the lowest floor at a level at least three (3)
feet above the highest
known water level, or three (3) feet above the ordinary high water level,
whichever is
higher.
(B) For rivers and streams, by placing the lowest floor at least three
(3) feet above the
flood of record, if data is available. If data is not available, by placing
the lowest floor at
least three (3) feet above the ordinary high water level, or by conducting
a technical
evaluation to determine effects of proposed construction upon flood stages
and flood flows
and to establish a flood protection elevation. Under all three approaches,
technical
evaluations must be done by a qualified engineer or hydrologist consistent
with the
Washington County Floodplain Management Ordinance. If more than one approach
is
used, the highest flood protection elevation determined must be used for
placing structures
and other facilities.
(2) Stairways, Lifts, and Landings. Stairways and lifts are the preferred
alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes
to shore areas. Stairways and lifts must meet
all of the following design requirements:
(A) Stairways and lifts must not exceed four (4) feet in width on residential lots;
(B) Landings for stairways and lifts on residential lots must not exceed
32
square feet in area;
A.Canopies or roofs are not allowed on stairways, lifts, or landings;
B.
C.Stairways, lifts and landings may be either constructed above the ground
on posts or
pilings, or placed into the ground, provided they are designed and built
in a manner that
ensures control of soil erosion;
D.Stairways, lifts and landings must be located in the most visually inconspicuous
portions of
lots, as viewed from the surface of the public water assuming summer, leaf-on
conditions,
whenever practical; and
E.Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are
also allowed for achieving access to shore areas, provided that the dimensional
and
performance standards of subitems (a) to (e) are complied with in addition
to the
requirements of Minnesota Regulations, Chapter 1340.
1.Significant Historic Sites. No structure may be placed on a significant
historic site in a
manner that affects the values of the site unless adequate information
about the site has
been removed and documented in a public repository.
2.Steep Slopes. The Zoning Administrator must evaluate possible soil erosion
impacts and
development visibility from public waters before issuing a permit for construction
of
sewage treatment systems, roads, driveways, structures, or other improvements
on steep
slopes. When determined necessary, conditions must be attached to issued
permits to
prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and
other facilities as viewed from the surface of public waters, assuming
summer, leaf-on
vegetation.
7.6 Height of
Structures. All structures in residential districts, except churches and
nonresidential
agricultural
structures, must not exceed 35 feet in height.
7.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.
8.Vegetation Alterations.
(1) Vegetation alteration necessary for the construction of structures
and sewage
treatment systems and the construction of roads and parking
20
areas regulated
by Section 7.10 of this Ordinance are exempt from the vegetation alteration
standards
that follow.
(2) Removal or alteration of vegetation is allowed subject to the following standards:
A.Selective removal of natural
vegetation shall be allowed, provided sufficient vegetative cover remains
to screen cars,
dwellings and other structures, piers, docks and marinas, when viewed from
the water.
B.No cutting or removal of trees
over six (6) inches in diameter measured at a point two (2) feet above
ground level
within the required building setback shall be permitted unless the trees
are dead or
diseased. A
certificate of compliance must be obtained prior to the removal of any
trees.
C.Natural vegetation shall be
restored insofar as feasible after any construction project is completed
in
order to retard
surface run-off and soil erosion.
D.The provisions of this section
shall not apply to allowed uses which normally require the removal of
natural vegetation,
or to the removal of trees, limbs, or branches that are dead, diseased,
or pose
safety hazards.
7.9 Topographic Alterations/Grading and Filling.
1.Grading and filling and
excavations necessary for the construction of structures, sewage treatment
systems, and
driveways under validly issued construction permits for these facilities
do not require the
issuance of
-a separate grading and filling permit, provided the building plan included
with the permit
addresses all
issues and meets all requirements and provisions of Section 7.9.
2.Public roads and parking
areas are regulated by Section 7. 1 0 of this ordinance.
3.Notwithstanding Items
(1) and (2) above, a grading and filling permit will be required from the
Zoning
Administrator
for:
21
A.
B.the movement of material on steep slopes or within shore or
bluff impact zones;
C.the movement of more than fifty (50) cubic yards of material
outside of steep slopes and shore and bluff
impact zones; and
D.any grading, filling, excavating, or any other substantial
alteration of the natural topography where the slope is toward a lake,
pond,
wetland, or watercourse leading to such waters,
the alteration is closer to such waters than the structure setback requirement.
(4) The following considerations and conditions must be adhered to during
the issuance of construction permits, grading and
filling permits, conditional use permits, variances and subdivision
approvals:
(A) Grading or
filling in any wetland would require a grading permit and approval from
appropriate Federal, State
and local units
of government with jurisdiction over the wetland. The following functional
qualities of the wetland
will be considered
prior to issuing a grading permit:
(i) sediment and pollutant trapping and retention;
(ii) storage of surface runoff to prevent or reduce flood drainage;
(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;
(vii) groundwater recharge area; and
(viii) mitigation plan in accordance with Minnesota Wetland Conservancy
Act must be
prepared.
22
B.
C.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.
D.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.
E.Methods to minimize soil erosion and to trap sediments
before they reach any surface water feature must be used.
F.Altered areas must be stabilized to acceptable erosion
control standards consistent with the field office technical guides
of the Washington County Soil and Water Conservation
District and the United States Soil Conservation Service.
G.Fill or excavated material must not be placed in a manner
that creates an unstable slope.
H.Plans to place fill or excavated material on steep slopes
must be reviewed by qualified professionals for continued slope
stability and must not create finished slopes
of 30 percent or greater.
I.Fill or excavated material must not be placed in bluff
impact zones.
J.Any alterations below the ordinary high water level
of public waters must first be authorized by the commissioner under
Minnesota Statutes, Section 103 (G).
K.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.
L.Placement of natural rock riprap, 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
riprap
is within ten (10) feet of the ordinary high
water level, and the height of the riprap above the ordinary high water
level
does not exceed three (3) feet.
23
1.Connections to Public Waters.
Excavations where the intended purpose is connection to a public water,
such
as boat slips,
canals, lagoons, and harbors will only be allowed after the Department
of Natural Resources has
approved the
proposed connection to public waters.
10.Placement and Design of Roads, Driveways, and Parking Areas.
1.Public and private roads
and parking areas must be designed to take advantage of natural vegetation
and
topography to
achieve maximum screening from view from public waters. Documentation must
be provided by a
qualified individual
that all roads and parking areas are designed and constructed to minimize
and control erosion
to public waters
consistent with the field office technical guides of the local soil and
water conservation district, or
other applicable
technical materials.
2.All new roads, driveways,
and parking areas must meet water body structure setbacks and must not
be placed
within bluff
and shore impact zones.
3.Public and private watercraft
access ramps, approach roads, and access-related parking areas may be placed
within shore
impact zones provided the vegetative screening and erosion control conditions
of this subpart are met
and a certificate
of compliance is issued by the Zoning Administrator. For private facilities,
the grading and filling
provisions of
Section 7.9 of this ordinance must be met.
7.11 Stormwater Management. The following general and specific standards shall apply.
(1) General Standards.
A.Existing natural drainageways, 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
volumes, in accordance with
water management organization ordinances. Disturbed areas must be stabilized
and protected as
soon as
24
possible and facilities or methods used to retain sediment on the site.
C.For all new developments/subdivisions, post development rates and volume
of runoff must not
exceed pre-development rates and volume of runoff.
D.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 coverage of
lots must not exceed 25 percent of the lot area.
B.When constructed facilities
are used for stormwater management, documentation must be provided by a
registered engineer
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 outfalls
to public waters must provide for filtering or settling of suspended solids
and
skimming of
surface debris before discharge.
7.12 Standards for Public Uses.
(1) Surface water-oriented
public uses with similar needs to have access to and use of public waters
may be
located on parcels
or lots with frontage on public waters. Those uses with water-oriented
needs must meet the
following standards:
(A) In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this
ordinance, the uses must be designed to incorporate topographic and vegetative
screening of
parking areas and structures.
25
A.
B.Uses that require short-term
watercraft mooring for patrons must centralize these facilities and design
them to
avoid obstructions
of navigation and to be the minimum size necessary to meet the need.
C.Uses that depend on patrons
arriving by watercraft may use signs and lighting to convey needed information
to the
public, subject
to the following general standards:
i.No advertising signs or supporting facilities for signs may be placed
in or upon public waters. Signs
conveying information or safety messages may be placed in or on public
waters by a public authority
or under a permit issued by the county sheriff.
ii.Signs may be placed, when necessary, within the shore impact zone if
they are designed and sized to
be the minimum necessary to convey the location and name of the establishment
and the general type
of goods or services available. The signs must not contain other detailed
information such as product
brands and prices, must not be located higher than ten (10) feet above
the ground, and must not
exceed 32 square feet in size. If illuminated by artificial lights, the
lights must be shielded or directed
to prevent illumination out across public waters. A sign permit must be
obtained from the Zoning
Administrator.
iii.Other outside lighting may be located within the shore impact zone
or over public waters if it is used
primarily to illuminate potential safety hazards and is shielded or otherwise
directed to prevent direct
illumination out across public waters. This does not preclude use of navigational
lights.
7.13 Agricultural Use Standards.
(1) General cultivation
farming, grazing, nurseries, horticulture, truck farming, sod farming,
and wild crop
harvesting are
permitted uses if steep slopes and shore and bluff impact zones are maintained
in
26
permanent vegetation or operated under an approved conservation plan (Resource
Management Systems) consistent with the field office technical guides of
the local soil
and water conservation districts or the United States Soil Conservation
Service, as
provided by a qualified individual or agency. The shore impact zone for
parcels with
permitted agricultural land uses is equal to a line parallel to and 50
feet from the
ordinary high water level.
7.14 Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent
with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry
and the provisions of Water Quality in
Forest Management "Best Management Practices in Minnesota".
7.15 Conditional Uses. Conditional uses allowable within shoreland areas
shall be subject to the review and approval
procedures, and criteria and conditions for review of conditional uses
established in the Washington County Zoning Ordinance.
The following additional evaluation criteria and conditions apply within
shoreland areas.
(1) Evaluation
Criteria. A thorough evaluation of the waterbody and the topographic, vegetation,
and soils
conditions on
the site must be made to ensure:
A.The prevention of soil erosion or other possible pollution of public
waters, both during and after
construction.
B.The visibility of structures and other facilities as viewed from public
waters is limited.
C.The site is adequate for water supply and on-site sewage treatment.
D.The types, uses, and numbers of watercraft that the project will generate
are compatible in relation
to the suitability of public waters to safely accommodate these watercraft.
(2) Conditions
Attached to Conditional Use Permits. The Washington County Planning Advisory
Commission,
upon consideration
of the criteria listed above and the purposes of this Ordinance, shall
attached such conditions
to the issuance
of the conditional use permits as it deems necessary to fulfill the purposes
of this ordinance. Such
conditions may
include, but are not limited to, the following:
27
A.
B.Increased setbacks from the ordinary high water level.
C.Limitations on the natural vegetation to be removed or the requirement
that additional
vegetation be planted.
D.Special provisions for the location, design, and use of structures, sewage
treatment
systems, watercraft launching and docking areas, and vehicle parking areas.
7.16 Water Supply. Any public or private supply of water for domestic
purposes must meet or exceed standards for water
quality of the Minnesota Department of Health and the Minnesota Pollution
Control Agency.
7.17 Sewage Treatment. Any premises used for human occupancy must be
provided with an adequate method of sewage
treatment in accordance with the Washington County Individual Sewage
Treatment System Ordinance and meet appropriate
setback requirements as contained in Section 7.4 (1) of this ordinance.
7.18 Nonconforming Sewage Treatment Systems. Nonconforming sewage treatment
systems shall be regulated and
upgraded in accordance with Section 8.3 of this ordinance and the Washington
County Individual Sewage Treatment System
Ordinance.
SECTION 8 NONCONFORMING USES/SUBSTANDARD STRUCTURES
8.1 Legally Established Nonconformities. All legally established Nonconformities
as of the date of this ordinance may
continue, but they will be managed according to applicable state statutes
and other regulations of Washington County for the
subjects of alterations and additions, repair after damage, discontinuance
of use, and intensification of use; except that the
following standards will also apply in shoreland areas.
1.A lot or parcel of land
which was of record as a separate lot or parcel in the Office of the Washington
County
Recorder or
Registrar of Titles, on or before January 1, 1973 which is in a residential
or agricultural district may
be used for
single family detached dwelling purposes, without a variance, provided
the area and width thereof are
within sixty
percent (60%) of the minimum requirements of Sections 7.1 of this ordinance,
provided all setbacks
requirements
of this ordinance can be maintained, and provided it can be demonstrated
that either two (2) safe
and adequate
sewage treatment systems can
28
be installed to service such permanent dwelling or the dwelling is served by sanitary sewer.
2.If, in a group of two or
more contiguous lots under the same ownership, any individual lot does
not meet the
requirements
of Sections 7.1 of this ordinance, the lot must not be considered as a
separate parcel of land for the
purposes of
sale or development. The lot must be combined with the one or more contiguous
lots so they equal
one or more
parcels of land, each meeting the full requirements of Sections 7.1 of
this ordinance.
3.Restoration of Nonconforming
Uses and Substandard Buildings or Structures. A nonconforming use or
substandard
building or structure which is damaged or destroyed by fire, flood, wind,
earthquake or other
calamity may
be restored and the occupancy or use of such building, structures or part
thereof, which existed at
the time of
such partial destruction, may be continued or resumed, provided that the
restoration is started within a
period of one
(1) year and is diligently prosecuted to completion, unless the damage
to such building or structure
is equal to
fifty percent (50%) or more of the replacement cost thereof (as determined
by the Building Official), in
which case,
the reconstruction shall conform to the provisions of this ordinance, not
to exceed the gross square
footage of the
previous structure.
4.Preservation of Nonconforming
Uses. Any lawful use of land existing on the effective date of this ordinance
may
be continued,
although such use is not allowed by this Ordinance, however, such use or
structure shall 'not be
expanded or
intensified.
8.2 Additions/Expansions to Substandard Structures.
1.All additions or expansions
to the outside dimensions (including upward expansions) of an existing
nonconforming
structure must
meet the setback, height, and other requirements of Section 7 of this ordinance.
Any deviation from
these requirements
must be authorized by a variance pursuant to the Washington County Zoning
Ordinance.
2.Deck additions may be
allowed without a variance to a structure not meeting the required setback
from the
ordinary high
water level if all of the following criteria and standards are met:
29
A.
B.The structure existed
on the date the structure setbacks were established.
C.A thorough evaluation of the
property and structure reveals no reasonable location for a deck meeting
or
exceeding the
existing ordinary high water level setback of the structure.
D.The deck encroachment toward
the ordinary high water level does not exceed 15 percent of the existing
setback
of the structure
from the ordinary high water level or does not encroach closer than 30
feet, whichever is more
restrictive.
E.No deck on a nonconforming
structure shall exceed 10 feet in width.
F.The deck is constructed
primarily of wood, and is not roofed or screened.
G.A certificate of compliance
is obtained from the Zoning Administrator.
8.3 Exceptions to Building Setbacks.
(1) Exceptions
to the building setback from the ordinary high water mark for substandard
structures that are
setback a minimum
of thirty (30) feet from the ordinary high water mark on sewered lots or
a minimum of
forty-five (45)
feet from the ordinary high water mark on unsewered lots.
(A) An extension, enlargement or alteration of an existing substandard
structure may be permitted on
the side of the structure facing away from the water body provided the
improved structure is in
compliance with all other requirements of this ordinance.
(2) Exceptions to the building setback from the sideyard and street right-of-way.
(A) An extension, enlargement, or alteration of an existing substandard
structure may be permitted
on the side of the structure facing away from the sideyard or street provided
the encroachment into
the side or front yard is not increased and
30
the improved structure is in compliance with all other requirements of this Ordinance.
8.4 Nonconforming Sewage Treatment Systems. A sewage treatment system
not meeting the requirements of The
Washington County Individual Sewage Treatment System Ordinance must
be upgraded, at a minimum, at any time a permit or
variance of any type is required for any improvement on, or use of,
the property, with the exception of nonhabitable spaces
(decks, porches). In addition, at time of sale or upon receipt of a
complaint, the property shall be inspected and if the sewage
system is found to be nonconforming, a new conforming system must be
installed within 90 days.
SECTION 9 SUBDIVISION PROVISIONS
9.1 Land Suitability. Each lot created through subdivision must be suitable
in its natural state for the proposed use with
minimal alteration. Suitability analysis shall consider susceptibility
to flooding, existence of wetlands, soil and rock formations
with severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage
treatment capabilities, near-shore aquatic conditions unsuitable for
water-based recreation, important fish and wildlife habitat,
presence of significant historic sites, or any other feature of the
natural land likely to be harmful to the health, safety, or welfare
of future residents of the proposed subdivision or of the community.
9.2 Consistency With Other Controls. All newly created lots must meet
minimum dimensional requirements of this
ordinance and any more restrictive provisions of ordinances adopted
by Washington County or local units of government.
Requirements as set forth in the Washington County Subdivision Ordinance
must be met.
9.3 Cluster Developments. Cluster developments may be allowed provided
procedures and standards contained in Section
738 of the Washington County Zoning Ordinance are complied with.
SECTION 10 ADMINISTRATION
10.1 Permits Required. A building permit is required for the construction
of buildings or building additions (and including such
related activities as construction of decks and signs), the installation
and/or alteration of sewage treatment systems, and those
grading and filling activities not exempted by Section 7.9 of this
ordinance. Application for a permit shall be made to the
Washington County Zoning Administrator on the forms provided. The application
shall include the necessary information so
that the Zoning
31
Administrator can determine the site's suitability for the intended
use and that a compliant sewage treatment system will be
provided.
10.2 Reconstruction of Nonconforming Sewage Treatment Systems. A permit
authorizing an addition to an existing
structure shall stipulate that an identified nonconforming sewage treatment
system, as defined in Section 8.3, shall be
reconstructed or replaced in accordance with the provisions of the
Washington County Individual Sewage Treatment System
Ordinance.
10.3 Certificate of Zoning Compliance. The Washington County Zoning
Administrator shall issue a certificate of compliance
for each activity requiring a permit as specified in Section 10.1 of
this ordinance. This certificate will specify that the use of
land conforms to the requirements of this ordinance. Any use, arrangement,
or construction at variance with that authorized
permit shall be deemed a violation of this ordinance and shall be punishable
as provided in Section 4.3 of' this ordinance.
10.4 Variances.
1.Variances may only be granted
in accordance with Minnesota Statutes, Chapter 394, as applicable. A variance
may not circumvent
the general purposes and intent of this ordinance. No variance may be granted
that would
allow any use
that is prohibited in the zoning district in which the subject property
is located. Conditions may be
imposed in the
granting of a variance to ensure compliance and to protect adjacent properties
and public interests.
In considering
a variance request, the Board of Adjustment & Appeals must also consider
whether the property
owner has reasonable
use of the land without the variance, whether the property is used seasonally
or year round,
whether the
variance is being requested solely on the basis of economic considerations,
and the characteristics of
development
on adjacent properties.
2.The Board of Adjustment
& Appeals shall hear and decide requests for variances in accordance
with the rules
that it has
adopted for conduct of business. When a variance is approved after the
Department of Natural
Resources has
formally recommended denial in the hearing record, the notification of
the approved variance
required in
Section 10.5 (2) below shall also include the Board of Adjustment's summary
of the public record/
testimony and
the findings of facts and conclusions which supported the issuance of the
variance.
32
(3) For existing developments, the application for variance must clearly
demonstrate whether a
conforming sewage treatment system is present for the intended use of the
property. The variance, if
issued, must require installation of a conforming sewage treatment system.
10.5 Notifications to the Department of Natural Resources.
1.Copies of all notices of
any public hearings to consider variances, amendments, or conditional uses
under this
ordinance must
be sent to the commissioner or the commissioner's designated representative
and postmarked at
least ten days
before the hearing. Notices of hearings to consider proposed subdivisions/plats
must include copies
of the subdivision/plat.
2.A copy of approved amendments
and subdivisions/plats, and final decisions granting variances or conditional
uses
under this ordinance
must be sent to the commissioner or the commissioner's designated representative
and
postmarked within
ten days of final action.
33
SECTION 11 EFFECTUATION
11.1 Separability. It is hereby declared to be the intent that the several
provisions of this ordinance are separable in
accordance with the following:
1.If any court of competent
jurisdiction shall adjudge any provision of this ordinance to be invalid,
such judgment
shall not affect
any other provisions of this ordinance not specifically included in said
judgment.
2.If any court of competent
jurisdiction shall adjudge invalid the application of any portion of this
ordinance to a
particular property,
building or other structure, such judgment shall not affect the application
of said provision to
any other property,
building, or structure not specifically included in said judgment.
11.2 Effective Date. Passed by the Washington County Board of Commissioners
on this 22nd day of December, 1992. An official copy of this ordinance
is on file in the Office of the Washington County
Auditor, 14900 61st Street North, Stillwater, Minnesota.
Chairman
County Board of Commissioners
ATTEST:
County Administrator
APPROVED AS TO FORM:
Assistant County Attorney
34
SHORELAND MANAGEMENT ORDINANCE AMENDMENT
WASHINGTON COUNTY
ORDINANCE No. 108
AN ORDINANCE AMENDING THE WASHINGTON COUNTY SHORELAND
ORDINANCE REGUIATING LAND USE IN SHORELAND AREASOF WASHINGTON COUNTY.
The Board of Commissioners of Washington County ordains:
SECTION 1: The Washington County Shoreland Management Ordinance No. 106
is hereby
amended as follows:
Amend Section 7.4 (1) so as to allow a 150 foot setback from Cloverdale
Lake
in Baytown Township.
SECTION 2: The Zoning Administrator is hereby directed to change the Washington
County
Shoreland Management Ordinance in accordance with the foregoing instrument.
SECTION 3: Effective Date. This Ordinance shall be and is hereby declared
to be in full force and
effect from and after its passage and publication according to law.
Passed by the Board of Commissioners of Washington County, Minnesota this
12th day of
October, 1993.
Dennis Hegberg, Chairman
Board of County Commissioners
County Administrator
Assistant County Attorney
Ordinance Prepared by:
Washington County Department of Health, Environment & Land Management
14900 - 61st Street North
Stillwater, MN 55082