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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />Management Agency (FEMA), the Minnesota Department of Natural Resources, or the planning <br />commission for review and comment. <br />(5) Once the floodway and flood fringe district boundaries have been determined, the city council <br />shall refer the matter back to the zoning administrator to process the permit application <br />consistent with the applicable provisions of sections 117-183 and 117-184. <br />930 Shoreland Management Overlay District <br />(A) Statutory authorization. The ordinance from which this subdivision is derived is adopted pursuant to <br />the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500- <br />6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. <br />(B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general <br />welfare not only by contributing to pollution of public waters, but also by impairing the local tax <br />base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the <br />wise subdivision, use and development of shorelands of public waters. The state legislature has <br />delegated responsibility to local governments of the state to regulate the subdivision, use and <br />development of the shorelands of public waters and thus preserve and enhance the quality of <br />surface waters, conserve the economic and natural environmental values of shorelands, and provide <br />for the wise use of waters and related land resources. This responsibility is recognized by the city. <br />(C) Jurisdiction. The provisions of this subdivision shall apply to the shorelands of the public water bodies <br />as classified in section 117-224. Pursuant to Minn. Rules pts. 6120.2500-6120.3900, no lake, pond, <br />or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas <br />need be regulated in a local government's shoreland regulations. A body of water created by a <br />private user where there was no previous shoreland may, at the discretion of the city council, be <br />exempt from this subdivision. <br />(D) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type <br />and location of structures on lots; the installation and maintenance of water supply and waste <br />treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; <br />and the subdivision of land shall be in full compliance with the terms of this subdivision and other <br />applicable regulations. <br />931 Shoreland Management Overlay District Administration <br />(A) Permits required. <br />(2) A permit authorizing an addition to an existing structure shall stipulate that an identified <br />h„hc„hfelrmipr noncomplying sewage treatment system, as defined by Chapter 113, shall be <br />reconstructed or replaced in accordance with the provisions of this subdivision. <br />(B) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning <br />compliance for each activity requiring a permit as specified in this subdivision. This certificate will <br />specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, <br />or construction at variance with that authorized by permit shall be deemed a violation of this <br />subdivision and shall be punishable as provided in this subdivision. <br />Page 120 of 147 <br />