ARTICLE IV: SHORELAND PROVISIONS

4.10     Designation:  In order to guide the wise development and utilization of shorelands (1,000 feet from lakes, ponds, and flowage; and three (300) hundred feet on each side of rivers and streams) of public waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, all public waters in the City of Barnum, Minnesota, have been given a public waters classification, and uses of shorelands in these classes are hereby designated by land use districts, based on the compatibility of the designated type of land use with the public waters classification.

4.20     Classification:  The public waters of Barnum, Minnesota, have been classified by the Department of Natural Resources as follows:

1.         Recreational Development (RD) Bear Lake.
           
2.         General Development (GD) Moose Horn River.

4.30     The regulations under this section, in addition to the regulations in other sections of this Ordinance, shall apply to all shorelands within the municipality.

4.40     Zoning Provisions:  In order to reduce the effects of overcrowding, to prevent pollution of waters of the State, to provide ample space on lots for sanitary facilities, to minimize flood damages, to maintain property values, and to maintain natural characteristics of shorelands and adjacent water areas; municipal shoreland ordinances shall control lot sizes, placement of structures on lots and alterations of shoreland areas.

A.  MINIMUM ZONING PROVISIONS - UNSEWERED SHORELANDS

                                                Natural                         Recreational                 General
                                                            Environment                 Development                Development

Water Frontage & Lot Width

Building Setback from

Building Setback from
    Roads & Highways (ft.)                     20-50                           20-50                           20-50
__________________________________________________________________________________________
Building Elevation*
   Above Highest Known

Total Lot Area Covered by

Sewage System Setback From

Sewage System Elevation Above
     Highest Groundwater Level or

*Building Elevation refers to the elevation of the lowest floor, including the basement.

B.  MINIMUM ZONING PROVISIONS - SEWERED SHORELANDS

                                                            Natural                         Recreational                 General
                                                                        Environment                 Development                Development

Lot Area
   Riparian Lots                                                 40,000                         20,000                         15,000
   Other Lots                                                     (20,000)                       (15,000)                       (10,000)
__________________________________________________________________________________________
Water Frontage & Lot

Building Setback from

Building Setback from Roads
    & Highways (ft.)                                            20-50                           20-50                           20-50
__________________________________________________________________________________________
Building Elevation* Above

Total Lot Area Covered by

*Building Elevation refers to the elevation of the lowest floor, including the basement.

C.         Substandard Lots:  Lots of record in the County Recorder's office prior to the effective date of this ordinance which do not meet the lot area and lot width requirements of Section VI may be allowed as building sites provided:  The use is permitted in the zoning district; the lot is in separate ownership from abutting lands; and, all sanitary and dimensional requirements of the county ordinance are complied with insofar as practical.  Municipalities may set a minimum size for substandard lots or improve other restrictions on the development of substandard lots, including the prohibition of development until the substandard lot(s) are served by public sewer and water.

4.50     Placement of Structures on Lots:  Placement of structures on lots shall be controlled by the ordinance in accordance with the class of public water, high water elevation and location of roads and highways.

4.60     High Water Elevations:  In addition to the above requirements, structures shall be placed at an elevation consistent with any applicable local flood plain ordinances.  When fill is required to meet this elevation, the fill shall be allowed to stabilize to accepted engineering standards before construction is begun.  Under no circumstances shall the lowest floor elevation, including basement, be less than the three above known water levels.

4.70     Exceptions:  The following are exceptions to the above regulations:
           
A.         Boathouses may be located landward of the ordinary high water mark as a conditional use /variance provided they are not used for habitation and they do not contain sanitary facilities.
            B.         Location of piers and docks shall be controlled by applicable state and local regulations.
            C.         Where development exists with 150 feet on both sides of a proposed building site, proposed structural setback may be the average of the setbacks of existing structures.
D.         Commercial, industrial, or permitted open space uses requiring locations on public waters may be allowed as conditional uses/variances closer to such waters than the specified setbacks.

4.80     Shoreland Alterations:
           
A.         Natural vegetation in shoreland areas shall be preserved insofar as practical and reasonable in order to retard surface run-off and soil erosion, and to utilize excess nutrients.  The removal of natural vegetation shall be controlled by the municipal shoreland ordinance in accordance with the following criteria:
                        1.         Clearcutting shall be prohibited, except as necessary for placing public roads, utilities, structures, and parking areas.
2.         Natural vegetation shall be restored insofar as feasible after any construction project.
B.         Grading and filling in shoreland areas or any other substantial alteration of the natural topography shall be controlled by the municipal shoreland ordinance in accordance with the following criteria:
                        1.         The smallest amount of bare ground shall be exposed for as short a time as feasible.
                        2.         Temporary ground cover, such as mulch, shall be used and permanent vegetative cover, such as sod, shall be provided.
3.         Methods to prevent erosion and trap sediment shall be employed.
                        4.         Fill shall be stabilized to accepted engineering standards.

4.90     Subdivision Provisions:
           
A.         Land Suitability:  No land shall be subdivided which is held unsuitable by the municipality for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful the health, safety, or welfare of future residents of the proposed subdivision or of the community.
            B.         Inconsistent Plats Reviewed by Commissioner of Natural Resources:  All plats within shoreland areas are subject to review by the Commission which are inconsistent with the municipal shoreland ordinance shall be reviewed by the Commissioner before approval by the municipality may be granted.  Such review shall require that the proposed plats be received by the Commissioner at least ten (10) days before a hearing is called by the municipality for consideration of approval of a preliminary plat.
            C.         Copies of Plats Supplies to Commissioner of Natural Resources:  Copies of all plats within shoreland areas shall be submitted to the Commissioner within ten (10) days of final approval by the municipality.
            D.         Planned Unit Development:  Altered zoning standards may be allowed as exceptions to the municipal shoreland ordinance for planned unit developments provided:
                        1.         Preliminary plans shall be approved by the Commissioner prior to their approval by the municipality.
                        2.         Center sewage facilities shall be installed which at least meet the applicable standards, criteria, rules, or regulations of the Minnesota Department of health and the Pollution Control Agency or the Planned Unit Development is connected to a municipal sanitary sewer.
3.         Open space is preserved.  This may be accomplished through the use of restrictive deed covenants, public dedications, or other methods.   
4.         That the following factors are carefully evaluated to ensure that the increased density of development is consistent with the resource limitations of the public water:
                                    a.         Suitability of the site for the proposed use;
                        b.         Physical and aesthetic impact of increased density;
                                    c.         Level of current development;
d.         Amount and ownership of undeveloped shoreland;
                                    e.         Levels and types of water surface use and public access; and
                                    f.          Possible effects on overall public use.
                        5.         Any commercial, recreational, community, or religious facility allowed as part of the planned unit development shall conform to all applicable federal and state regulations including, but not limited to the following:
                                    a.         Licensing provisions or procedures;
                                    b.         Waste disposal regulations;
                                    c.         Water supply regulations;
                                    d.         Building codes;
                                    e.         Safety regulations;
                                    f.          Regulations concerning the appropriation and use of Public Waters as defined in Minnesota Statues 1974, Chapter 105; and
                                    g.         Applicable regulations of the Minnesota Environmental Quality Board.
                        6.         The final plan for a planned unit development shall not be modified, amended, repealed, or otherwise altered unless approved in writing by the developer, the municipality, and the Commissioner.
                        7.         There are centralized shoreline recreation facilities such as beaches, docks, and boat launching facilities.