Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 illumination out across public waters. This does not preclude use of 2 navigational lights. 3 2. Uses without water -oriented needs must be located on lots or parcels without 4 public waters frontage, or, if located on lots or parcels with public waters frontage, 5 must either be set back double the normal ordinary high water level setback or be 6 substantially screened from view from the water by vegetation or topography, 7 assuming summer, leaf -on conditions. 8 b. Agriculture use standards. 9 1. General cultivation fainting, grazing, nurseries, horticulture, truck fainting, sod 10 fainting, and wild crop harvesting are peiniitted uses if steep slopes and shore and 11 bluff impact zones are maintained in permanent vegetation or operated under an 12 approved conservation plan (Resource Management Systems) consistent with the 13 field office technical guides of the local soil and water conservation districts or the 14 United States Soil Conservation Service, as provided by a qualified individual or 15 agency. The shore impact zone for parcels with permitted agricultural land uses is 16 equal to a line parallel to and 50 feet from the ordinary high water level. 17 2. Animal feedlots are not permitted in the Shoreland Overlay. 18 c. Forest management standards. The harvesting of timber and associated reforestation 19 must be conducted consistent with the provisions of the Minnesota Nonpoint Source 20 Pollution Assessment -Forestry and the provisions of Water Quality in Forest 21 Management "Best Management Practices in Minnesota." 22 d. Extractive use standards. 23 1. Site development and restoration plan. An extractive use site development and 24 restoration plan must be developed, approved, and followed over the course of 25 operation of the site. The plan must address dust, noise, possible pollutant 26 discharges, hours and duration of operation, and anticipated vegetation and 27 topographic alterations. It must also identify actions to be taken during operation 28 to mitigate adverse environmental impacts, particularly erosion, and must clearly 29 explain how the site will be rehabilitated after extractive activities end. 30 2. Setbacks for processing machinery. Processing machinery must be located 31 consistent with setback standards for structures from ordinary high water levels 32 of public waters and from bluffs. 33 e. Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined 34 in Minn. Stats. §§ 93.44-93.51, shall be a permitted use provided the provisions of 35 Minn. Stats. §§ 93.44-93.51, are satisfied. 36 (6) Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the 37 review and approval procedures, and criteria and conditions for review of conditional uses 38 established communitywide. The following additional evaluation criteria and conditions apply 39 within shoreland areas: 40 a. Evaluation criteria. A thorough evaluation of the waterbody and the topographic, 41 vegetation, and soils conditions on the site must be made to ensure: 42 1. The prevention of soil erosion or other possible pollution of public waters, both 43 during and after construction; 44 2. The visibility of structures and other facilities as viewed from public waters is 45 limited; 46 3. The site is adequate for water supply and on -site sewage treatment; and 47 4. The types, uses, and numbers of watercraft that the project will generate are 48 compatible in relation to the suitability of public waters to safely accommodate 49 these watercraft. 50 b. Conditions attached to conditional use permits. The city council, upon consideration of 51 the criteria listed in subsection (g)(6)a of this section and the purposes of this subdivision, 52 shall attach such conditions to the issuance of the conditional use permits as it deems Attachment A — Ordinance #23-14 Page 126 of 141