Current through Vol. 24-04, March 15, 2024
Rule 131.
(1) A
principal use is allowed by right, but requires the issuance of a zoning permit
by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
rental facility with all the following provisions:
(i) The minimum building setback not less
than 150 feet from the ordinary high-water mark on the mainstream and the north
branch Pine river from its confluence with Spalding creek to its confluence
with the east branch Pine river and not less than 100 feet from the ordinary
high-water mark on all other designated tributaries, except as described in
R 281.57.
(ii) On the mainstream and the north branch
Pine river from its confluence with Spalding creek to its confluence with the
east branch Pine river the setback may be decreased 1 foot for every 1-foot
rise in bank height to a minimum distance of 100 feet from the ordinary
high-water mark. The reduction in setback does not apply until the bank height
reaches 25 feet, at which point the reduction in setback is 25 feet.
(iii) On all other tributaries, the setback
may be decreased 1 foot for every 1-foot rise in bank height to a minimum
distance of 75 feet from the ordinary high-water mark. The reduction in setback
does not apply until the bank height reaches 15 feet, at which point the
reduction in setback is 15 feet.
(iv) A dwelling shall be set back not less
than 50 feet from the crest of a bluff on the mainstream and the north branch
Pine river from its confluence with Spalding creek to its confluence with the
east branch Pine river, and not less than 25 feet from the crest of a bluff on
all other designated tributaries.
(v) Building shall not take place on land
that is subject to flooding or in any wetland area.
(vi) The natural contour of the face and
crest of the bluff shall not be altered.
(vii) The land between the crest of the bluff
and the minimum building setback line shall not be altered except for minor
landscaping activities.
(b) Accessory buildings and appurtenances
that meet the setback and other development requirements of subdivision (a) of
this subrule.
(c) One private boat
dock per parcel, unless otherwise provided for in these rules, subject to
R 281.57.
(d) One private river access stairway per
parcel, subject to
R 281.57.
(e) Utility lines to service a single-family
dwelling or short-term rental facility.
(f) A disposal field, septic tank, and
outhouse, with all the following provisions:
(i) A septic tank and disposal field meet
local health department standards.
(ii) A disposal field located not less than
100 feet from the ordinary high-water mark and any surface or subsurface drain
that discharges into the Pine river or its designated tributaries, and not
located within the 100-year floodplain, a wetland area, or the natural
vegetation strip.
(iii) A septic
tank shall not be closer to the river than the dwelling it serves and not
located within a wetland area.
(iv)
An outhouse constructed using a watertight waste containment system that allows
waste to be pumped and hauled to an appropriate disposal site, shall be located
not less than 100 feet from the ordinary high-water mark and any surface or
subsurface drain that discharges into the Pine river or its designated
tributaries, and shall not be located within the 100-year floodplain, a wetland
area, or the natural vegetation strip.
(v) Drywells and earth privies are not
permitted unless authorized by the local health department, are a minimum of
100 feet from the ordinary high water mark, and the bottom of the pit or
seepage bed is at least 4 feet above the seasonal high groundwater
table.
(vi) An alternative on-site
treatment system that results in a higher level of treatment than a
conventional system may be located not less than 50 feet from the rivers edge
on designated tributaries, except the north branch of the Pine river from the
confluence with Spalding creek to the confluence with the east branch of the
Pine river, provided no part of the system is in a wetland or the 100-year
floodplain.
(vii) Disposal of
sludge from any wastewater treatment system is prohibited in the natural river
district.
(g) Mining and
extracting industries, if all land disturbances, structures, and other
activities related to the industry are located more than 300 feet from the
ordinary high-water mark.
(h) A
land division, if any lot created after December 27, 2004, with all the
following provisions:
(i) Is accessible by a
public road or legal easement on at least 1 side of the stream.
(ii) Has at least 200 feet of river frontage,
unless a riverfront "common area" subject to a conservation easement is
established, or a parcel does not have river frontage, in which case this
dimension shall be measured at the point of the parcel closest to the river,
and at least 200 feet wide at the minimum building setback line.
(iii) Contains at least 1/2 acre of existing
contiguous upland buildable area (non-wetland, non-floodplain) landward of the
minimum building setback line.
(iv)
Contains at least 80,000 square feet of area within the natural river district.
Any "common area" created or any bottomlands shall not be used in any
calculations related to minimum parcel area. If a parcel does not have river
frontage, and the front line of the parcel is greater than 150 feet from the
rivers edge at all points, this subdivision does not apply, and the minimum
parcel width will be measured at the front lot line.
(v) Has sufficient depth and upland area to
accommodate the required building setbacks pursuant to the standards in this
rule.
(vi) A lot that exists on
December 27, 2004, shall not be subdivided or reduced in dimension or area
below the minimum requirements of this rule. Any lot created after December 27,
2004, shall meet the minimum requirements of this rule, except as provided in
R 281.56.
(i) Home occupations and home-based
occupations, subject to
R 281.57.
(j) Land alteration, subject to
R 281.57.
(k) Bridges, subject to
R
281.58.
(l) Forest management activities within the
natural vegetation strip, subject to
R 281.57.
(m) A boardwalk that meets the minimum
building setback requirements in this subdivision and a boardwalk associated
with a footpath to the rivers edge, subject to
R 281.57.
(n) Bank stabilization and fisheries habitat
improvement activities, subject to
R 281.57.
(2) Within the Pine river natural river
district, a natural vegetation strip that includes the river and all lands
within 100 feet of the ordinary high-water mark shall be maintained on each
side of the Pine river mainstream and the north branch Pine river from its
confluence with Spalding creek to its confluence with the east branch Pine
river. A restrictive cutting belt that includes the river and all lands within
50 feet of the ordinary high-water mark shall be maintained on each side of all
designated tributaries. Cutting in the natural vegetation strip is subject to
R 281.57.
(3) In the Pine river system upstream of the
confluence of the north branch Pine river and the east branch Pine river and on
all tributaries, vegetation in the stream channel shall not be disturbed except
to alleviate flooding that threatens a dwelling. In the Pine river mainstream
downstream of the confluence of the north branch Pine river and the east branch
Pine river vegetation may be selectively pruned to allow for safe navigation
and to alleviate flooding that threatens a dwelling. This may include pruning
of a maximum 8-foot wide section of vegetation. Portions of trees, logs, and
other natural material imbedded in the stream channel shall not be
disturbed.