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HomeMy WebLinkAbout7 Public Hearing - Shorland Management Ordinance 93-01 "SM01" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: 7 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER APPROVAL OF SHORE LAND MANAGEMENT ORDINANCE 93-01 AND RESOLUTION 93-08 MARCH 1, 1993 The purpose of this hearing is to discuss the issues raised by the City Council on February 16, 1993 relative to adoption of the Shoreland Management Ordinance. The draft ordinance was not completed by Northwest Associated Consultants as of the date of this report. As soon as it is received by staff, it will be forwarded to the Council. Steve Grittman will be in attendance at the March 1, hearing to discuss changes in the draft intended to address Counc1l concerns. ISSUE #1 - IMPERVIOUS SURFACE Mr. Grittman has been directed to develop a definition of impervious surface and add lan9uage to clarify that impervious surface will be reviewed at the t1me of building permit. The citf Code will r~quire uan amendment to specify that surfaces def1ned as imperv1ous, shall be identified and the areas quantified, by a registered land surveyor. The building permit review will include an additional check to insure that the surveyor has calculated impervious surface according to the definition. In the event that the impervious surface exceeds 30%, the applicant will be advised that the surface area must be reduced or a variance application filed, prior to issuance of the permit. The proposed language is attached as per memo from Steve Grittman dated February 23, 1993. ISSUE #2 - SUBSTANDARD USES: Mr. Grittman has been directed to review the current ambiguous language and propose language that is more definitive. The Council concern was that approximately 1/4 of the developed lots in the community are considered substandard, by some means, according to the strict interpretation of the Shoreland Ordinance. The direction was to provide lan9uage that gives the city latitude in the determination of expans10n of substandard uses so as not to eliminate individual upgrade of existing dwellings within the community. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPOIITUNITY EMPlDYER ISSUE #3 - IMPERVIOUS SURFACE: The impervious surface coverage for new lots was identified as 25% in the draft. The intent is to continue utilization of the 30% impervious surface standard that is currently in place. Staff has conducted some limited research relative to the 18% coverage ratio issue. In that research, driveway impervious surface consists of between 3 and 9 percent of total lot area. The average of individual drivewa~s as related to total lot area, approximates 5.8%. The data is l1mited to a sample of sixteen lot surveys reviewed for J?arcels within Raspberry Ridge, Sunset Hills, willows 6th and W1ndsong Additions. Based upon the limited information available, it appears that the 25% impervious surface coverage is comparable to the 18% coverage ratio, for the sixteen lot surveys sampled. ISSUE #4 - CONSISTENCY WITH ADA REGULATIONS: Mr. Grittman will address the issues related to the A.D.A. Act and language proposed restricting placement and size of stairways, l1fts and landings. ISSUE #5 - USES WITHOUT WATER-ORIENTED NEEDS: The Council requested that this language be enhanced or better defined to give the City the author1ty to determine which uses are water-oriented and which are not. Mr. Grittman will discuss this section at the hearing. ISSUE #5 - SUBSTANDARD LOTS OF RECORD: Jim Hayes prepared a memo dated February 18, 1993 and map indicating lots that are less than the minimum size to be considered a substandard lot as defined by the draft ordinance. A copy of the memo is attached. Mr. Hayes found 218 lots via review of 1/2 section maps that individually, would not meet the substandard lot definition of 50 feet wide and containing 7,500 square feet of area. Staff did not research the ownership of the identified lots. It is probable that many of the properties are combined with ad~acent parcels. However, the number could not be identified util1zing existing staff resources and the one week time limit to research this issue. Mr. Grittman has been directed to review the language and propose language that will specify the intent of the section, without outright prohibition of development of those lots, smaller than the minimum substandard lot definition. ISSUE #6 - LOTS ELIGIBLE FOR 5' SETBACK: The Council specified that only lots that are 50' in width may be eligible to utilize one five foot setback, provided all other criteria are met. In addition, language was to be added to specify that the affected property owner will be notified by certified mail. ALTERNATIVES: ~ 1. a) b) Approve Shoreland Management Ordinance 93-01 sUbject to: Conditions as deemed appropriate by the Cit~ Council. ReV1ew and redraft of Ordinance by City Attorney, Glenn Kessel for proper form and format. Review and Acceptance by the DNR. c) Staff also recommends aJ?proval of Resolution 93-08 outlining the position of the C1ty relative to identification and upgrade of non-conforming sewage treatment systems. 2. Deny Shoreland Management Ordinance 93-01. (The consequence of denial is that the DNR may adopt an ordinance for the City and that no comprehensive Plan amendments will be considered by the Metropolitan Council for the City of Prior Lake). Alternative #1. * RECOMMENDATION: ACTION REQUIRED: A motion by the Cit~ Council to adopt Shoreland Management Ord1nance 93-01 subject to the conditions outlined. A separate motion to adopt Resolution 93-08 outlining the City policy relative to identification and upgrade of non-conforming sewage treatment systems. [ill 00 'l~ ~ TI RESOLUTION 93-08 RESOLUTION SETTING FORTH PRIOR LAKE POLICY FOR THE IDENTIFICATION AND UPGRADE OF NONCONFORMING SEWAGE TREATMENT SYSTEMS WITHIN SHORELAND ZONING DISTRICTS. MOTION BY SECONDED BY WHEREAS, the City Council of Prior Lake, adopted Ordinance 93-01 implementing Shoreland Management regulations for the City of Prior Lake on , 1993; and a resolution is required to be forwarded to the Commissioner of Natural Resources, outlining the Cit~'s intent to identify and require upgrade of non-conform1ng sewage treatment systems; and WHEREAS, WHEREAS, the City of Prior Lake has established the following programs: 1. 2. 3. The city of Prior Lake has adopted the Scott County Sewage Treatment System Ordinance by reference. All sewage system installers, site evaluators/percolation testers and septic tank pumpers are licensed by Scott County and required to be certified by the Minnesota Pollution Control Agency. L1censed septic tank pumpers are required to submit Monthly reports of septic tank pumping to Scott County. On-site sewage systems which discharge to the surface are ordered to be upgraded to meet current standards. Upgrades are also required at the time of building permit application for homes which are adding bedrooms or other facilities increasing sewage volumes. Upgrades may be required for commercial on-site sewage systems when the trPe of use changes and a conditional use perm1t is required. All new building sites are inspected before a permit is issued to insure the lot can accommodate a sewage system for the planned building. On-site systems are also inspected during construction. Records are reviewed when requested for mortgage 4. 5. 6. 4629 Dakota St SE., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLDYER transactions and upgrades for sewage systems are recommended when needed. and; WHEREAS, the city of Prior Lake will add the following programs: 1. Investigations and evaluations of on-site sewage systems will be conducted for lake homes on a staff availability basis. 2. Annual seminars for all contractors in the City of Prior Lake will include information regarding special provisions for on-site sewage systems in shoreland Districts. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that pursuant to Section 9.6 A,7, of Prior Lake Shoreland Ordinance 93-01, that non-conforming sewage treatment systems will be identified and upgraded according to the provisions outlined herein. Passed and adopted this th day of , 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Kay Kuhlmann Acting City Manager {Seal} FEB-=:':3-~3 TUE 9::;e ld P.u~ I~c Northwest Associated Consultants, Inc. URBAN 'LANNING.DESIGN.MARKET RESEARCH l\IEMORANDID.1: TO: Deb Garross FROM: Stephen Grittman 23 February 1993 Prior Lake . Shoreland Ordinance Revisions DATE: RE: FILE NO: 199.01 The following language is suggested for the Impervious Surface d~finicion which the Council has asked tor. I-~~~Y~OUS SuiRFACE The portion of a buildable parcel which has a covering which does not per.mit water to percolate into the natural soil. Subject to the following exemptions, these structures and materials shall constitute impervious surfaces: Buildings; Paved Driveways and Walkways o~ greater than three feet in width; Paved Patios; Covered Decks and other Structures. The following structures and materials shall be exempt from the calculation of impervious surface: Decks or Patios which are open to the sky anQ have open joints of at least 1/4 inch allowing percolation of water; Paved walkways or other structures of three feet in width or less. All such structures and materials shall be documented by a Certificate of Survey unless exempted from this requirement by the Zoning Administrator. In addition, we should then amend Section 9.3 B. Impervious Surface Coverage, by adding the Certificate ot Survey requirement which would then read as follows: B. Impervious Surface Coverage: 1. Impervious surface coverage for lots in all zoning districts shall not exceed thirty percent (30t) of the lot area, except as provided in the following sections. Such impervious surface coverage shall be documented by 5775 Wayzata Blvd.. Suite 555 .St. Louis Park. MN 55416. (612) 595-9636-Fax. 595-9837 FEB-23-~3 TUE ~:~0 0 P.03 a Cercificate of Survey at the eime of any Zoning or auilQing Permit application, accord1ng to the definition of impervious surface as listed in Section 8. Definitions of the Prior Lake Zoning Ordinance. The exemptions will remain essentially unchanged except for che deletion of Section l.a. Give me a call and let me know what you think of chis language. I will prepare the remainder of the changes and get them in the mail to you today. 2 TO: City Council Members FROM: James Hayes, Assoc. Planner DATE: February 18, 1993 SUBJECT: 7,500 sq. ft. lots affected by the Shoreland Ordinance After the City council meeting of February 16, 1993, staff began work the Council's request to locate all lots less than 7500 square feet in the shoreland District. While there may be more within the city limits than are shown, only the properties affected by the Shoreland Ordinance are being displayed on the attached map. Each lot is being shown by outlining the lot in red with all other properties having no markings. The research process included looking at each 1/2 section map for the City of Prior Lake. This provided an accurate reflection of the properties that are in existence. It was discovered that numerous lots have been combined with adjacent lots over the years, and the resulting lots are over the 7500 sq. ft. minimum standard. Approximately 218 single-family lots will be affected by the Shoreland Ordinance. In order to get a clear picture of the locations of these lots, the number of lots affected are listed by Section below. section Number of Lots Affected 2 8 3 90 4 35 10 14 25 3 30 27 35 37 36 4 Total 218 If you require a more detailed list, I have noted each address and compiled a comprehensive list to supplement this information. Please do not hesitate to contact me if you would like additional information in this area. (ext. #213) enclosure 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYER ~ Northwest Associated Consultants, Inc. URBAN PLANNING.DESIGN.MARKET RESEARCH MEMORANDUM -9~ 1"~1i OiYv~ ~, .1) ~~(9~ q-t~ TO: Deb Garross FROM: Stephen Grittman DATE: 23 February 1993 RE: Prior Lake - Shoreland Revisions FILE NO: 199.01 This forwards copies of the draft Ordinance with the changes requested by the City Council at its 16 February meeting. Included are a clean copy of the Definitions section which adds the impervious surface definition, a clean copy of the revised Shoreland District section, and a second copy of the Shoreland District which is flagged and highlighted for your reference. As we discussed, the stairway and landing section is sufficiently vague so as to allow construction of handicapped-accessible access to the shoreline. The requirements of the Americans with Disabilities Act are effectively that the City cannot create regulations which restrict handicapped access. The language permits ramps, landings, other opportunities to construct adequate access. Changes have been made to the following sections: 9.2.B.3, Page 3 9.3.B.l, Page 6 9.5.A.2, Page 21 9.12.B.l.a), Page 37 9.12.B.l.a) .10), Page 38 (deletion) 9.12.B.1.a) .10) .e), Page 39 5775 Wayzata Blvd.. Suite 555. S1. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 SECTION 8. DEFINITIONS 8.1 GENERAL: Certain words used in this Ordinance are defined and shall be interpreted as follows: ACCESSORY RESIDENTIAL UNIT - Consists of up to four (4) sleeping rooms in a single family dwelling that are used for residential occupancy by a member(s) of one family. An accessory residential unit is subordinate to the principle structure; is unobtrusive and does not contain a separate, visible exterior entrance. The existence of an accessory residential unit does not alter the size and layout of common rooms such as the kitchen, bathroom, living room and dining room which are considered to be the basic functional characteristics of a single family dwelling. (Ord. 91-05) ACCESSORY STRUCTURE OR USE - Any subordinate building or use customarily incidental and subordinate to the principal use and located on the same lot as the principal use. AGRICULTURE - Cultivating the soil, producing crops and raising livestock. ANIMAL CLINIC An establishment where animals are treated and/or hospitalized by veterinarians. ANIMAL KENNEL - An establishment or dwelling where three (3) or more animals are bred for sale, boarded, trained, or kept. ANTENNA - A device or that portion of any equipment or device located on the exterior or outside of any structure, used for radiating and/or receiving radio waves only. ASSOCIATION - An organization consisting exclusively of all unit owners which possess certain powers and authority over common elements in Planned Unit Developments, condominiums, townhomes, or other property. AUTOMOBILE REPAIR MAJOR - General repair, all body work, painting, frame work, replacement of engines and transmissions on cars and trucks. (Ord. 85-8) AUTOMOBILE REPAIR MINOR - Replacement of any part or repair of any part which does not require the removal of the engine head or pan, transmission or differential. Upholstering service, glass replacement, lubrication, tune ups are permissible services. All automobile repair, minor shall be limited to passenger automobiles and trucks not in excess of a three-quarter ton rating. BASEMENT - A story having more than fifty (50) percent of its clear height below finished grade. BLOCK A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad right-of-way, shorelines, waterways or corporate boundary lines of the City. BLUFF - A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff) : 1. Part or all of the feature is located in a shoreland area; 2. The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody; 3. The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater; and 4. The slope must drain toward the waterbody. BLUFF IMPACT ZONE - A bluff and land located within twenty (20) feet from the top of a bluff. BOARD - The Board of Adjustment established by this Ordinance. BOARDING HOUSE - A building, not a hotel or motel, where for compensation and for pre-arranged periods, meals and/or lodgings are provided to not less than three (3) nor more than ten (10) persons. BOATHOUSE - A structure used solely for the storage of boats or boating equipment. BUILDING AREA - The space remaining on a zoning lot after minimum yard and open space requirements have been met. BUSINESS AREA - Any business activity which renders service to other commercial or industrial enterprises. CERTIFICATE OF OCCUPANCY - A certificate issued by the City Planner for any structure built or change of use within any structure in the City of Prior Lake before it is occupied. CLEAR CUTTING - The removal of an entire stand of trees. CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but are not hospitalized overnight. CLUB Any establishment operated for social, recreational, or educational purposes but open only to members and not to the general public. CLUSTER DEVELOPMENT - Considered to be a type of Planned Unit Development and is subject to the same review criteria. COMMERCIAL PLANNED UNIT DEVELOPMENTS - A commercial land use district to which is applied the requirements of the Planned Unit Development as defined in the Zoning Ordinance. COMMERCIAL RECREATION - Includes low intensity uses that can function without municipal sewer or water, and usually require large amount of open space. Such uses may be seasonal or temporary in nature. Includes uses such as fairs, agricultural exhibits, tractor pulls, shooting ranges and private airports, but does not include amusement parks, water slides or combat games. COrd. 85-08) COMMISSIONER - The Commissioner of the Department of Natural Resources. CONDITIONAL USE A use which, because of special problems of control, requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan. CONDITIONAL USE PERMIT - A permit issued by the Council in accordance with procedures specified in this Ordinance as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents. CONDOMINIUM Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. CONDOMINIUM UNIT - A portion of a condominium whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to MS. 515, A-2-110. COVERAGB - That portion of a lot covered by the principle and accessory use structures. DAY CARB CBNTER - A service provided to the public in which six (6) or more children of school or pre- school age are cared for during established business hours, where no overnight facilities are provided. DBCK - 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 three feet above ground. DBNSITY - The number of dwelling units per acre allowable in each district as established in Table 4.2 as further qualified in 4.1 (M). DRIVB- IN BSTABLISHMENT An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile. DUPLEX. TRIPLBX. AND OUAD - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. DWELLING - Any structure designed or used as the living quarters for one or more families. DWELLING UNIT - One or more rooms designed or intended for occupancy as a single living unit with sanitary, culinary and sleeping facilities separate from those of other living units and intended for the exclusive use of one (1) single family. The room(s) shall be deemed a dwelling unit if it contains facilities for cooking, sleeping, and eating. If the room(s) are used for residential occupancy and can be separated from other rooms in the same building, or if direct access can be gained to the room(s) from outside of the building or through a common hall intended for use by occupants of another dwelling unit, the room(s) shall be considered to be a separate dwelling unit. (Ord. 91-05) ESSENTIAL SERVICES Underground or overhead gas, electrical, steam or supply or disposal systems. FAMILY - One (1) or more persons related by blood, marriage, adoption, or foster parent relation occupying a dwelling unit and living as a single housekeeping unit, or a group of not more than four (4) persons, not so related, occupying a dwelling unit and living as a single housekeeping unit. ( Ord . 91- 05 ) FAST FOOD/DRIVE-INS Food is served in disposal containers and the customer may have the option to eat at the facility or take the food out. The customer turnover rate at these facilities is very high. Generally, these facilities do not waitresses but rather the food order is placed by the customer at a central counter. FEEDLOT - A confined area or structure used for feeding, breeding ,or holding livestock for eventual sale in which animal waste may accumulate, also including barns, pens or other structures used in a dairy farm operation. For purposes of these regulations, pastures and feedlots accommodating fewer than ten (10) animals shall not be considered animal feedlots. FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls. FLOOR AREA RATIO - The total floor area on a zoning lot divided by the total site area of the lot or parcel being developed. GOVERNING BODY - The City Council by whatever name know. HARDSHIP - The property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shal1 not constitute a hardship if a reasonable use for the property exists under terms of the official controls. HEIGHT OF BUILDING OR STRUCTURE - The vertical distance from the average level of the highest and lowest point of that portion of a lot covered by a building, to the highest point for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. HOME OCCUPATION - An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes and which does not change the character thereof. HOUSEKEEPING UNIT All persons residing within a dwelling unit whose relationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities, expenses and the taking of meals together. (Ord. 91-05) IMPERVIOUS SURFACE - The portion of a buildable parcel which has a covering which does not permit water to percolate into the natural soil. Subject to the following exemptions, these structures and materials shall constitute impervious surfaces: Buildings; Paved Driveways and Walkways of greater than three feet in width; Paved Patios; Covered Decks and other Structures. The following structures and materials shall be exempt from the calculation of impervious surface: Decks or Patios which are open to the sky and have open joints of at least 1/4 inch allowing percolation of water; Paved walkways or other structures of three feet in width or less. All such structures and materials shall be documented by a Certificate of Survey unless exempted from this requirement by the Zoning Administrator. INTENSIVE VEGETATION CLEARING - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. LIGHT MANUFACTURING - The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. LIMITED RETREAT - A private, multi-purpose environment for use by individuals and private groups for the purpose of conferences, workshops, seminars, meditation or training sessions. For the purpose of these regulations, a limited retreat shall not include restaurants for the general public, nor be eligible for a liquor license. (Ord. 86-09) LOT - A piece, parcel or plot of land occupied or capable of being occupied by one or more structures and intended as a unit for transfer of ownership. LOT. CORNER - A lot situation at the junction of and abutting on two or more intersecting streets. LOT OF RECORD - A mean horizontal distance between the front and rear lot lines. LOT. DEPTH OF - A mean horizontal distance between the front and rear lot lines. LOT. MINIMUM AREA OF - The measurements of a lot computed exclusive of any portions of the right-of-way of any public thoroughfare. LOT WIDTH - Dimension of lot at front setback line and if applicable, at the ordinary high water level. MARINA A commercial establishment adjacent to a navigable lake providing moorings for boats and offering other supplies and services accessory to the principal use. (Ord. 83-6) MANUFACTURED SINGLE FAMILY DWELLING A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein. No manufactured dwelling shall be moved into the City of Prior Lake which does not meet the Manufactured Home Building Code as defined in Minnesota Statutes, Chapter 327.31, Subdivision 3. MODULAR HOME A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. A modular home shall be congruous to a family dwelling. MOTOR FUEL STATION - An establishment where gasoline, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. MOTOR FUEL STATIONS AND CONVENIENCE STORE - A store operated in conjunction with a motor fuel station or truck stop for the purpose of offering for sale goods not essential to the motoring public. (Ord. 85-08) NATURAL VEGETATION - Any tree greater than four (4) inches in diameter and any ground cover. NON-CONFORMING STRUCTURE - A structure designed, converted, or adopted for a use prior to the adoption of provisions prohibiting such use in such locations. NON-CONFORMING USE - Any use or arrangement of land or structures legally existing at the time of enactment of this Ordinance or any of its amendments which does not conform to the provisions of the Ordinance. NURSING HOME OR REST HOME - A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or disabled persons that are not related. ORDINARY HIGH WATER MARK - A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. OUTDOOR SALES - Intermittent buying and selling of goods, merchandise or materials held under the open sky which are regulated by special use permits by the City Council. PLANNED UNIT DEVELOPMENT - A tract of land which will contain two or more principal structures and which may incorporate a variety of land uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding area. PLANNING AGENCY - The Planning Commission or Planning Department as created by the governing body. PLATFORM - A flat, floored, roofless area detached from a house, constructed with the finished floor elevation within thirty-six (36)inches of natural grade in all locations. PRINCIPAL USE - The main use to which the premises are devoted and the principal purpose for which the premises exist. PUBLIC NUISANCE - Anything offensive or obnoxious to the health and welfare of the inhabitants of the City' or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community. PUBLIC WATERS Any waters as defined in Minnesota Statutes, Section 103G.005, Subdivision 15. REAL ESTATE - Any lease held for three years or more or other interest in, over or under land, including fixtures, structures and other improvements which pass with a conveyance of land including parcels with or without upper and lower boundaries. RECREATIONAL VEHICLES - A mobile vehicle including boats used for recreational purposes, capable of being towed or being self-propelled. RENT - A fixed periOdical return made by a tenant or occupant of property to the owner for the possession, use or occupancy of a dwelling, land, or personal property of the owner. (Ord. 91-05) RESIDENTIAL PLANNED UNIT DEVELOPMENT - A use where the nature of residency is non-transient and the major or primary focus of the development is not service- oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five (5) dwelling units or sites. RESTAURANT A sit-down facility offering food on permanent reusable tableware and dishes. A restaurant may offer a high or moderately priced menu and could belong to national chain operations. Their service may include a limited take-out menu. The average turnover rate per customer generally is about one hour. SETBACK - The m1n1mum horizontal distance between a structure or sanitary facility and the ordinary high water mark or between a structure or sanitary facility and a road, well, highway, or property lines. SEWAGE TREATMENT SYSTEM A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 9.6 of this Ordinance. SEWER SYSTEM - Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHORELAND - Land located within the following distances from protected waters: (i) One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and (ii) three hundred (300) feet from a river or stream, or the landward extent of a floodplain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. 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 fifty (50) percent of the structure setback. SHORELAND SUBSTANDARD LOT OF RECORD - A lot of record in the Office of the Scott County Recorder prior to 4 May 1987, which does not meet the requirements of Section 9.3.A of this Ordinance. SIGN - Any name identification, display illustration structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. 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 307.08. A 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. 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 the provisions of this Ordinance. Where specific information is not available, steep slopes are lands having average slopes over twenty (20) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. STRUCTURE - Anything constructed or erected, the use of which requires a fixed location on the ground or any attachment of something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, and other building features but not including sidewalks, drives, fences and patios. SUBDIVISION - The division of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts or parcels of land, however, that the division of land in parcels of more than five (5) acres having a width of not less than three hundred (300) feet shall not be included. SUBSTANDARD USE - Means any use of shorelands existing prior to the date of enactment o~ this Ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length or water frontage, structure setbacks, or other dimensional standards of the Ordinance. SUPPLY YARD - A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. SURFACE WATER-ORIENTED COMMERCIAL USE - 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. TOE OF THE BLUFF - The lower point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. TOP OF THE BLUFF - The higher point of a fifty (50) foot segment with an average slope exceeding eighteen (18) percent. TOWER - Any man-made structure to which an antenna is attached, or used to support an antenna. TOWHHOUSE - Single family attached units in structures housing three (3) or more continuous dwelling units, sharing a common wall, each having separate and individual front and rear entrances; the structure is of a row type house as distinguished from multiple dwelling apartment buildings. TRAVEL TRAILERS - A mobile vehicle with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile. USABLE OPEN SPACE - A ground area on a lot which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and usable by persons occupying a dwelling unit and their guests. VARIANCE - A waiving by Board action of the literal provisions of the Zoning Ordina~ce in instances where their strict enforcement would cause undue . hardship because of circumstances unique to the individual property under consideration. WATER-ORIENTED ACCESSORY STRUCTURE - A building of one hundred twenty (120) square feet or less used to store boating accessories and equipment located on lakeshore lots that contain steep slopes equal to or greater than twenty (20) percent which because of the relationship of its use to a surface water feature reasonably needs to be located closer to the lakeshore ordinary high water (OHW) mark than the normal structural setback requirement. (Ord. 91-07) YARD - A required open space on a lot which is unoccupied or unobstructed by structures from ground level upward. YARD. FRONT - A yard extending across the full width of the lot and lying between the front property line of the lot and the nearest parallel line drawn across the front of the principal building. For lakeshore property, the front yard shall be considered that part of the lot that is between the road and the nearest parallel line drawn across the front of the principle building. YARD. REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and nearest parallel line drawn across the rear of the principal building. YARD. SIDE - A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the principle building to the rear line of the principle building. (Ord. 91-03) WETLAND - A surface water frontage classified as a wetland in the United States Fish and Wildlife Service Circular NO. 39 (1971 Edition).