This Chapter of the Grant Zoning Code shall be known as the Shoreland Management Regulations and may be referred to in this Ordinance as "this Ordinance " or the "Shoreland Management Regulations". This shoreland regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103 A-I, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 394.

SECTION 1. INTENT AND PURPOSE

1.1 The uncontrolled use of shorelands of The City of Grant, Minnesota affects the public health, safety and general welfare by contributing to pollution of public waters, and potentially decreasing property value. It is the intent and purpose of these regulations to:

(1) Regulate the placement of sanitary and waste treatment facilities on lots.
(2) Regulate the alteration of shorelands of public waters.
(3) Regulate alterations of the natural vegetation and the natural topography along shorelands.
(4) Conserve natural resources and maintain a high standard of environmental quality.
(5) Preserve and enhance the quality of surface water.
(6) Preserve the economic and natural environmental values of shorelands.
(7) Provide for the utilization of water and related land resources.
(8) Maintain water quality, reduce flooding and erosion and to provide sources of food
 and habitat for a variety of fish and wildlife.

SECTION 2. SCOPE AND APPLICABILITY

2.1 The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 5 of this regulation and unclassified water bodies where applicable.

2.2 The use of any shoreland of public waters; the use, size, type and location of structure on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shore land area; the cutting of shore land vegetation; and the subdivision of land shall be in full compliance with the terms of this regulation and other applicable regulations.

2.3 If any section, clause, provision, or portion of this ordinance is determined to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

2.4 The regulations contained in this chapter of the City of Grant Zoning Code are in addition to and not in lieu of other regulations contained in other chapters of the City of Grant Ordinances where the standards contained in any other chapters of the Development Code are inconsistent with standards of this ordinance. The standards contained in all Grant Ordinances shall apply.
 
 
 

SECTION 3. DEFINITIONS

3.1 For the purpose of this Chapter, certain terms and words are hereby defined as follows:

(1) Access Corridor. An area where vegetation is cut or removed through the buffer to provide access to a lake, stream or wetland.

(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 shore land area.

(B) The slope rises at least 20 feet above the ordinary high water level of the water body.

(C) The slope must drain toward the water body.

(3) Bluff Impact Zone. Bluff and land located within 20 feet from the top of a bluff.

(4) Building Line. A line parallel to a lot line or the ordinary high water levels at the required setback beyond which a structure may not extend.

 (5) Buffer Strip, Undisturbed strip of land adjacent to shorelines and wetlands consisting of native or existing vegetation.

 (6) Buffer Width. Minimum. The least buffer distance allowable measured perpendicular to the delineated wetland edge or ordinary high water mark of the lake or stream.

 (7) Commercial Use. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.

 (8) Commissioner. The commissioner of the Department of Natural Resources.

 (9) Controlled Access Lots. Lots intended to provide access to the lake for residents of a particular development.

 (10) Deck. 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

 (11) Forest Land Conversion. The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

 (12) Hardship. "Hardship" as used in connection with the granting of a variance means:

 (A) The property in question cannot be put to a reasonable use if used under conditions allowed by the Official Controls; and

 (B) The plight of the landowner is due to circumstances unique to the property, not created by the landowner; and

 (C) The variance, if granted, will not alter the essential character of the locality.

 (D) Economic conditions alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the Development Code.

 (E) The Board may consider the inability to use solar energy systems a "hardship" in granting of the variance.

 (13) Height of Building.  The vertical distance between the highest adjoining ground level at the building and the highest point of the roof.

 (14) Impervious Surface.  The percentage of the lot covered with buildings including all appurtenances, driveways and sidewalks.

 (15) Intensive Vegetation Clearing.  The complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

 (16) Lake - General Development. 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.

 (17) Lake - Natural Environment. 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.

 (18) Lake - Recreational Development. Generally medium-sized lakes of varying depths and shapes with a variety of landform, soil, and groundwater situations on the lakes around them. Moderate levels of recreational use and existing development often characterize them. Development consists mainly of seasonal and year-round residences and recreational oriented commercial uses.

 (19) Lot Width. The horizontal distance between the side lot lines of a lot measured at the ordinary high water mark, setback line, and road right-of-way.

 (20) Ordinary High Water Level. 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.

 (21) Public Waters. Any waters as defined in Minnesota Statutes, Section 103.G.005 (15).

 (22) Riparian Lot. A lot with frontage on the lake.

 (23) River - Transition. A river designated as such by the Minnesota Department of Natural Resources.

 (24) River - Tributary. 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.
 (25) Sensitive Resource Management. 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, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

 (26) Setback. 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.

 (27) 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 required structure setback.

 (28) Shoreland. 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.

 (B) A portion of the lot must fall within a shoreland zoning district as delineated on the zoning map (tier one lots).

 (C) The lot must have lake frontage or be in the next tier of lots landward that has primary access from the same road that serves the lake lots (tier two lots).

 (29) Significant Historic Site. 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 307.07. 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. All unplatted cemeteries are automatically considered to be significant historic sites.

 (30) Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with 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 for more, that are not bluffs.

 (31) Tier One. A lot or parcel of land with frontage on a waterbody regulated by the Shoreland Management Ordinance.

 (32) Tier Two. A lot or parcel of land that is across the street from a road that serves the lake lots.

(33) Toe of the Bluff. The lower point of a bluff with an average slope exceeding eighteen percent (18%).

(34) Top of the Bluff. The highest point of a bluff with an average slope exceeding eighteen percent (18%).

(35) Tributary Stream. A stream classified as such by the Minnesota Department of Natural Resources.

(36) 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.

(37) Variance. The same as the term as defined in Chapter 1 - Administration, Section 6.4 Variances, provided that when a variance to any of the standards contained in this chapter are applied for, the Board of Adjustment & Appeals shall also consider whether the existing sewage treatment systems on the property need upgrading before additional development is approved and whether the properties are used seasonally or year around.

(38) Wetland. Lands 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. For purposes of the Development Code, wetlands must a) have a predominance of hydric soils; b) be inundated saturated by surface water or groundwater at a frequency and duration sufficient to support prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c) under normal circumstances, support a prevalence of hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

SECTION 4. SHORELAND CLASSIFICATION SYSTEM

4.1 Protected Waters Inventory Map. The public waters of the City of Grant have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, in the City of Grant Comprehensive Plan, and the Protected Waters Inventory Map for Washington County, Minnesota.

4.2  Official Zoning Map. The shoreland area for the water bodies listed in Section 4.1 shall be
 as shown on the Official Zoning Maps of the City of Grant.

4.3       Rivers and Streams.  There are no listed rivers in the City of Grant.

(1) Tributary Streams.

Browns Creek

SECTION 5. LAND USE DISTRICTS

5.1 Land Use Districts for Lakes.

(1) Permitted Uses:

(A) Single family residential

(B) Parks and historic sites

(C) Agricultural: cropland and pasture

(2) Uses Permitted With a Certificate of Compliance:

(A) Home occupation in accordance with Ordinance 50 Section 604.

(3) Uses Permitted with a Conditional Use Permit:

 (A) Bed and Breakfast in accordance with the City of Grant Ordinance 50 Section 719.

5.2 Tributary Streams. The underlying zoning district shall govern all lands abutting tributary streams covered by this ordinance as it pertains to minimum lot size and permitted uses.
 
 
 

SECTION 6. LOT REQUIREMENTS

6.1 Lot Area and Width Standards. The lot area and lot width standards (at road, shoreline and building setback line) for single residential lots created after the date of enactment of this ordinance for lake and river/stream classifications are the same as for all other lots in the City of Grant.

(1) River/Stream Standards. Property fronting on streams shall meet underlying zoning density restrictions

6.2 Additional Special Provisions

(1) Lot width standards must be met at the ordinary high water level and at the building setback line.

(2) In any new subdivision 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) Docking, mooring, or over-water storage of more than six (6) watercraft is
prohibited.

  (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

 D) A development agreement is entered into between the developer and the City of Grant specifying which lots 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 except for docking facilities as approved by the Minnesota Department of Natural Resources and Washington County.

 (3) Any individual lot or lots which do not contain a seasonal or permanent home may have one dock with the capacity to accommodate up to three watercraft. No other temporary or permanent structures or recreational vehicles are allowed.

SECTION 7.  STRUCTURE AND SEWER SETBACK AND OTHER DESIGN CRITERIA

7.1 Placement of Structures on Lots. When more than one setback applies to a site, all 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                               SEWAGE
 OF                                     STRUCTURES                                   SYSTEMS
                    PUBLIC WATERS

 Natural Environment                               200           150
 Unclassified Waterbodies                         75             75
 Tributary Streams                                   200           150
        Recreational Development                    100                                                         75

(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)            Arterial road              150
from centerline or 75' from road right-of-way whichever is greater.
      (d)        right-of-way line of town road, public street, or       40
                other roads or streets not classified without sewer
          30
      (e)         sideyard setback                              10

7.2 High Water Elevations. The lowest floor including basement of any structure constructed in a shoreland area must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level whichever is greater.

7.3 Height. No structure shall exceed 35' in height.

7.4 Lot Coverage. A maximum of 25% of the lot may be covered with impervious surface. This includes all structures, decks, patios, walks, and surfaced or unsurfaced driveways.
 

7.5 Stairways. Lifts and Landings. Stairways and lifts are the only permitted 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:

(1) Stairways and lifts must not exceed four (4) feet in width;

(2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area;

(3) Canopies or roofs are not allowed on stairways, lifts, or landings;

(4) 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;

(5) 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

 (6) 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 sub items 1 to 5 are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340.

(7) A certificate of compliance is required.

7.6 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.

7.7 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. If necessary, conditions must be attached to 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.

SECTION 8.  SHORELAND ALTERATIONS

8.1 Vegetation Alterations.

(1) 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, diseased, or pose a documented safety hazard. A certificate of compliance must be obtained prior to the removal of any trees.

(2) 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.

(3) In order to retard surface run-off and soil erosion, natural vegetation shall be restored insofar as feasible after any construction project is completed.

(4) The provisions of this section shall not apply to normal maintenance of trees such as pruning or removal of limbs or branches that are dead or pose safety hazards.

(5) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits are exempt from these vegetation alteration standards.

8.2 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 address all issues and meets all requirements and provisions of Section 9.2(3).

 (2) Grading or filling is prohibited within the bluff impact zone or shore impact zone. Grading/filling outside these areas shall require a grading permit. Standards for land alteration and grading contained in The City of Grant ordinances must be followed.

(3) The filling of any wetland below the normal ordinary high water mark must be permitted by appropriate Federal, State, and local units of government with jurisdiction;

(4) Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors will be allowed only alter the Department of Natural Resources has approved the proposed connection to public waters.

(5) 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 mark, and the height of the rip rap above the ordinary high water level does not exceed three feet. A permit must be obtained from the Minnesota Department of Natural Resources and a grading permit is obtained from the Zoning Administrator.

8.3 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. All roads and parking areas must be 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 the lake setback requirements 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. Grading and filling provisions of The City of Grant ordinances must also be met.

8.4 Buffer Strips. In order to maintain water quality, reduce flooding and erosion and to provide sources of food and habitat for a variety of fish and wildlife, a buffer strip shall be provided and maintained around all natural environment lakes and streams and type 3, 4 and 5 wetlands.

(1) Lake Wetland. Stream Buffer Widths.

(A) The minimum buffer width shall apply to all buffer widths including those that are restored, replaced or enhanced.

B) The City may require a variable buffer width to protect valuable adjacent habitat when considering variances for building setbacks.

(C) The following buffer widths shall be maintained:

 Natural Environment Lake Minimum buffer width 50 feet
 Type 3, 4, 5 Wetland                    50 feet
 Stormwater Pond         10 feet
 Building Setback from outer edge of buffer      10 feet

(2) An access corridor 50' wide is permitted to gain access to the water body.

SECTION 9.  STORMWATER MANAGEMENT

  Stormwater Management. Standards for stormwater management as contained in Grant Ordinance 2002 - ___  shall apply.
 

SECTION 10. STANDARDS FOR NON-RESIDENTIAL USES

10.1 Standards for Non-Residential Uses. Any permitted use of land adjacent to public water which needs to have access to and use of public waters must meet the following standards in addition to any other requirements of this chapter or the Washington County Development Code:

(1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this Development Code, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures.

(A) 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.

(B) 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.
 

SECTION 11. AGRICULTURAL USE STANDARDS

 Agricultural Use Standards. 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 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.
 

SECTION 12. FOREST MANAGEMENT STANDARDS

 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".
 

SECTION 13. CONDITIONAL USES

13.1 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to review and approval procedures, and criteria and conditions for review of conditional uses established in the City of Grant ordinances A thorough evaluation of the waterbody and the topographic, vegetative, and soils conditions on the site must be made to ensure:

(1) The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

(2) Limited visibility of structures and other facilities as viewed from public waters.

(3) The site is adequate for water supply and on-site sewage treatment.

(4) 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.

13.2 Conditions attached to Conditional Use Permits. The City of Grant, upon consideration of the criteria listed above and the purposes of the ordinance, shall attach such conditions to the issuance of the conditional use permits, as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

(1) Increased setbacks from the ordinary high water level.

(2) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted.

(3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
 

SECTION 14. CERTIFICATE OF ZONING COMPLIANCE

 The City of Grant shall issue a certificate of compliance for each activity requiring a building permit or grading permit. The 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 chapter.
 

SECTION 15. WATER SUPPLY

 Water Supply. Any 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.

SECTION 16. SEWAGE DISPOSAL

16.1 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 (Chapter 4 of the Washington County Development Code) and meet appropriate setback requirements as contained in Section 7 of this chapter.

16.2 Non-conforming Sewage Treatment Systems.  Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Section 7.1 of this chapter and the Washington County Individual Sewage Treatment System Ordinance (Chapter 4 of the Washington County Development Code). 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.
 

SECTION 17. FENCES

17.1 In addition to the standards contained in the City of Grant, the following standards must also be met on shoreland property.

17.2 No fence shall exceed 4' in height unless all required building setbacks are met. If the fence is located so as to meet required building setbacks, a 6' high fence is permitted.

17.3 No fence shall be constructed closer to the lake than the required lake setback requirement unless the existing home is located closer to the lake than the required setback in which case the fence may be constructed even with the lake side of the home.
 

SECTION 18. NONCONFORMING SITUATIONS

Non-conforming situations shall be regulated in accordance with Ordinances, including but not limited to Zoning Ordinance 50 Sections 402 and with the following exceptions:

18.1
 (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, and is not a contiguous lot or parcel as that term is described and regulated under the City of Grant ordinances, may be used for single family detached dwelling purposes, without a variance, provided that:

(A) Area and width thereof are within the minimum requirements elsewhere in the City of Grant.

B) Provided all setbacks requirements of this ordinance chapter can be maintained.

(C) Provided it can be demonstrated that either two (2) safe and adequate sewage treatment systems can be installed to service such permanent dwelling

(D) On Natural Environment Lakes, any separate lot or parcel of record legally created and recorded prior to the adoption of this ordinance may be used for single family detached dwelling purposes without a variance if it meets the minimum requirements elsewhere in the City of Grant

(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:

(A) The structure existed on the date the structure setbacks were established

(B) 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.

(C) 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.

(D) No deck on a nonconforming structure shall exceed 10 feet in width.

(E) The deck is constructed primarily of wood, and is not roofed or screened.

 (F) A certificate of compliance is obtained from the Zoning Administrator.
 

SECTION 19.  SUBDIVISION PROVISIONS

 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.

SECTION 20. NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES

20.1 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.

20.2  A copy of approved amendments and subdivisions/plats, and final decisions granting
 variances or conditional uses under this chapter must be sent to the Commissioner of the Department of Natural Resources or the commissioner's designated representative and be postmarked within ten days of final action.

SECTION 21.  CONSTITUTIONALITY.

 If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provisions, and such holding shall not affect the validity of the remaining portions thereof.
 
 
 
 

SECTION 22.   PENALTY.

 Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and/or civil action may be maintained to enforce the provisions of this Ordinance.
 

Passed by the City Council of the City of Grant this _____ day of ____________, 2001
 
 
 

       ___________________________________
       Thomas Carr,  Mayor

 Attest:
 

_______________________
Barbara Bartholdi, City Clerk