Agenda - Planning Commission - 01/07/2016

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Subdivision IV. - Shoreland Management Overlay Districtal Footnotes: --- (4) --- State Law reference— Shoreland management, Minn. Stats. § 103F.201 et seq.; municipal shoreland management, Minn. Stats. § 103F.221. Sec. 117-221. - Statutory authorization and policy. (a) Statutory authorization. The ordinance from which this subdivision is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. (b) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The state legislature has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is recognized by the city. (Code 1978, § 9.25.01; Ord. No. 04-32, 5-30-2005) Sec. 117-222. - General provisions and definitions. (a) Jurisdiction. The provisions of this subdivision shall apply to the shorelands of the public water bodies as classified in section 117-224. Pursuant to Minn. Rules pts. 6120.2500-6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the city council, be exempt from this subdivision. (b) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this subdivision and other applicable regulations. (Code 1978, § 9.25.02, subds. 1, 2; Ord. No. 04-32, 5-30-2005) Sec. 117-223. - Administration. (a) Permits required. (1) A building permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 117 - Page 1