Minnesota Administrative Rules

6106.0120 DIMENSIONAL STANDARDS.

Subpart 1.

Purpose.

The purpose of this part is to establish dimensional standards that protect primary conservation areas and public river corridor views from impacts of development and ensure that new development is sited in locations consistent with part 6106.0020.

Subp. 2.

Structure height.

A.

Structures, including accessory structures as defined by local ordinance, must be no taller than the heights specified for each district:

(1)

CA-ROS: 35 feet;

(2)

CA-RN: 35 feet;

(3)

CA-RTC: 48 feet, provided that tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimizes interference with public river corridor views. Taller buildings are allowed by conditional use permit, as provided under item D, with consideration of the relationship of building height to the mature treeline, where present, and existing surrounding development, as viewed from the ordinary high water level of the opposite shore and from public river corridor views;

(4)

CA-SR: height is determined by the local government's underlying zoning requirements, provided the structure height in the underlying zoning is generally consistent with the height of the mature treeline, where present, and existing surrounding development, as viewed from the ordinary high water level of the opposite shore;

(5)

CA-UM: 65 feet, provided tiering of structures away from the Mississippi River and from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimize interference with public river corridor views. Taller buildings are allowed by conditional use permit, as provided under item D; and

(6)

CA-UC: height is determined by the local government's underlying zoning requirements, provided tiering of structures away from the Mississippi River and blufflines is given priority, with lower structure heights closer to the river and blufflines, and structure design and placement minimize interference with public river corridor views.

B.

For the purposes of this subpart, height is determined by applicable local government zoning regulations, provided it is measured on the side of the structure facing the Mississippi River.

C.

The height requirements in item A do not apply to those structures and facilities identified in part 6106.0180 as exempt from these requirements, but meeting the setback requirements of subpart 3.

D.

In addition to the conditional use permit requirements in part 6106.0080, criteria for considering whether to grant a conditional use permit for buildings exceeding the height limits in item A must include:

(1)

assessment of the visual impact of the proposed building on public river corridor views, including views from other communities;

(2)

identification and application of techniques to minimize the perceived bulk of the proposed building, such as:

(a)

placing the long axis of the building perpendicular to the river;

(b)

stepping back of portions of the façade;

(c)

narrowing the profile of upper floors of the building; or

(d)

increasing the setbacks of the building from the Mississippi River or blufflines;

(3)

identification of techniques for preservation of those view corridors identified in the local government's plan; and

(4)

opportunities for creation or enhancement of public river corridor views.

Subp. 3.

Location of structures.

A.

Structures and impervious surfaces must not be located in the shore impact zone and must meet the following setback requirement from the ordinary high water level of the Mississippi River and other waters within the Mississippi River Corridor Critical Area, as specified for each district:

(1)

CA-ROS: 200 feet from the Mississippi River and 150 feet from the Minnesota River and Vermillion River;

(2)

CA-RN: 100 feet from the Mississippi River and 75 feet from the Rum River and Vermillion River;

(3)

CA-RTC: 75 feet from the Mississippi River, Crow River, and Rum River;

(4)

CA-SR: 75 feet from the Vermillion River;

(5)

CA-UM: 50 feet from the Mississippi River;

(6)

CA-UC: as specified in underlying zoning; and

(7)

for all other public waters within the Mississippi River Corridor Critical Area, as specified in underlying zoning.

B.

Structures and impervious surfaces must not be located in the bluff impact zone and must meet the following setback requirements from the bluffline as specified for each district:

(1)

CA-ROS: 100 feet;

(2)

CA-RN: 40 feet;

(3)

CA-RTC: 40 feet;

(4)

CA-SR: 40 feet;

(5)

CA-UM: 40 feet; and

(6)

CA-UC: 40 feet.

C.

The requirements in items A and B do not apply to those structures and facilities listed in part 6106.0180 as exempt from these requirements.

D.

Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, provided that the new structure's scale and bulk riverward or bluffward of the setbacks required under items A and B are consistent with adjoining development. No structures or impervious surfaces are allowed within the bluff impact zone or shore impact zone, except as specified under part 6106.0180.

E.

Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters within the Mississippi River Corridor Critical Area.

Subp. 4.

Standards for new lots.

A.

Where lots are created after January 4, 2017, lot area and width standards must comply with the requirements of the underlying zoning, except the width of lots abutting the Mississippi River in the CA-ROS district must be at least 200 feet, unless alternative design methods are used that provide greater protection of the riparian areas.

B.

New lots must have adequate buildable area to comply with the setback requirements in subpart 3.

Statutory Authority:

MS s 116G.15

History:

41 SR 799

Published Electronically:

January 19, 2017