Agenda - Planning Commission - 08/01/1995

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THE ZONING REPORT Page Two CHECKLIST OF PROVISIONS FOR REGULATING SHORELINES TO BE INCLUDED IN ZONING AND SUBDIVISION CODES (Part One of two parts) 1. PURPOSES AND INTENTS These are possible purposes and intents for regulating, shorelines in development codes: -- preserve, maintain and enhance the water quality and natural characteristics of the waters of the jurisdiction~ their indigenous wetlands and estuarine flora, fauna and habi- tat, and their hydraulic carrying capacity, by regulating the intensity and character of recreational, residential, commercial and industrial use of these waters and their adjoining shorelands. -- control the density and location of land development .in shorelands of the waters of the jurisdiction, by regulating shoreland development to prevent or reduce overland erosion, trap sediment in overland runoff, reduce the loss of valuable topsoil~ reduce water turbidi- ty, reduce loss of wildlife habitat, and reduce the loss of natural amenity associated with shoreline habitat. -- retain and enhance the physical and visual aesthetics of the waterways of the jurisdic- tion. 2. DEFINITIONS A. General definitions applying to any zoning code regulations. (a). Shorelands and shorelines (often specified by state regulations, defined within a speci- fied depth or distance of all shorelines of the navigable waters of inland lakes and flow- ages, ranging from 100 to 1000 ft, and up to a half-mile of major water bodies such as oceans, the Great Lakes and major rivers. (b). Riparian rights/owners (right of ownership on banks of waters for use of the water in accordance with federal and state statutes and rules, as appropriate, including generally, the right to fish~ boat, sail, swim, water ski and ice skate). (c). Navigable;. non-navigable waters and permanent/intermittent waters (federal and state statutes may define these terms and state statutes may map and identify these waters within the jurisdiction. State case law may determine whether intermittent waters within the state are navigable by the shallowest draft vessel or boat during seasohal flows). (d). Water access, keyhole/funnel development is defined and described below in Section 7, Subsec C (on inland lakes or river reaches where most properties fronting on the shoreline are developed, zoned or planned for single-family use, a vacant tract developed for a multi-family project or as a single-family subdivision that allows the off-lake/river dwel- .~2i, 1995 issue