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THE ZONING REPORT
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<br />Page Four
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<br />by Flood Hazard Boundary Maps; (2), wetlands~ which are regulated by state and federal defini-
<br />tions and by the delineation of wetlands locally, whose wetland boundaries are shorelines, regula-
<br />ted by wetland zoning and environmental provisions; (3), estuarine regulations~, defined, delineated
<br />and subject to federal and state regulation or guidelines; (4), coastal regulations, subject to state
<br />coastal regulatory statues and state agency rules that supersede local shoreline regulations, in-
<br />cluding regulated inland lakes, locally mapped, usually countywide, by a state agency; and (5),
<br />other regulatory areas that may have shorelines--approved designated shellfish harvest areas;
<br />endangered species habitats; federal/state navigation channels, and bridge and road ROW and
<br />easements.
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<br />B. By their functional characteristics. State regulatory agencies might establish a hierarchy of
<br />functional classifications to be imposed on all local waters, similar to how statewide functional
<br />classification of streets and highways is established and imposed. For local waters, zoning set-
<br />backs, lot sizes and land uses might be imposed by different functional classes. These classes,
<br />typically, are: as used in Minnesota, for waters to be developed for: natural environment., to be
<br />minimally developed; recreational development, which allow some use of the waterbody and its
<br />shoreline land uses for low-intensity recreational use; for genera] development, as larger water-
<br />bodies suitable for a higher intensity of shoreline general urban land-use development. Perhaps a
<br />fourth class might be established for industrial water-oriented development that allows intensive
<br />industrial activities aiong shorelines but within the scope of standards that maintain the environ-
<br />mental quality of the waterbody.
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<br />4. ZONING PROHIBITIONS
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<br />A. Prohibition of improper land development along shorelines. No activity shall be developed, cre-
<br />ated or allowed to exist that does not meet the requirements and standards of the zoning code
<br />for development along shorelines and in related shorelands. No rezoning or development action
<br />shall be approved if it results in a pignificant adverse impact on storm/floodwater storage capaci-
<br />ty, maintenance of dry season streamflow, discharge of groundwater through a wetland~ filtering
<br />or storage of sediments otherwise draining into navigable waters, shoreland protection against
<br />soil erosion, and for fish spawning, breeding, nursery or feeding ground~, wildlife habitat, or
<br />areas of designated special recreational, scenic or scientific interest.
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<br />B. Prohibition of live-aboard dwelling units except as provided by the zoning code. No boat,
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<br />floating vehicles, watercraft or vessel designed to accommodate one or more living units or dwel-
<br />ling units, retail sales of any type, industrial activities or the processing of materials, fish or
<br />animal products shall anchor, moor, tie up or attach to any pier, wharf~ quay or other structure
<br />on real property except in conformance with zoning code regulations.
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<br />C. Prohibition of activities occurring ·along shorelines, to protect the environmental quality of
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<br />waters. No activity shall be allowed to discharge or allow a discharge of any treated, untreated
<br />or inadequately treated liquid, gas or solid materials that is obnoxious, toxic or of extreme tem-
<br />perature that clearly may run off, seep, percolate or wash into surface or subsurface water that
<br />contaminates~ pollutes or harms such water or causes nuisances such as objectionable shore depos-
<br />its, floating or submerged debris, oil, scum, .color, odor, taste, turbidi.ty or unsightliness or be
<br />harmful to human, anima! or aquatic life. No person shall discharge raw sewage, garbage, trash or
<br />other waste material into waters.
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<br />21, 1995 issue
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