Agenda - Council - 08/08/2023 - Laserfiche WebLink

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1 (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended 2 to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps 3 adopted in section 921(C). 4 5 6 940 Shoreland Management Overlay District 7 (A) Statutory authorization. The ordinance from which this subdivision is derived is adopted pursuant 8 to the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500- 9 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. 10 (B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general 11 welfare not only by contributing to pollution of public waters, but also by impairing the local tax 12 base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the 13 wise subdivision, use and development of shorelands of public waters. The state legislature has 14 delegated responsibility to local governments of the state to regulate the subdivision, use and 15 development of the shorelands of public waters and thus preserve and enhance the quality of 16 surface waters, conserve the economic and natural environmental values of shorelands, and 17 provide for the wise use of waters and related land resources. This responsibility is recognized by 18 the city. 19 (C) Jurisdiction. The provisions of this subdivision shall apply to the shorelands of the public water 20 bodies as classified in section 942. Pursuant to Minn. Rules pts. 6120.2500-6120.3900, no lake, 21 pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated 22 areas need be regulated in a local government's shoreland regulations. A body of water created by 23 a private user where there was no previous shoreland may, at the discretion of the city council, be 24 exempt from this subdivision. 25 (D) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type 26 and location of structures on lots; the installation and maintenance of water supply and waste 27 treatment systems, the grading and filling of any shoreland area; the cutting of shoreland 28 vegetation; and the subdivision of land shall be in full compliance with the terms of this subdivision 29 and other applicable regulations. 30 31 941 Shoreland Management Overlay District Administration 32 Permits required. 33 ,'A building permit is required for the---eonstruction of buildings or building additions (and 34 including such related activities as construction of deck anns), thc installation and/or 35 alteration of sewage treatment system, and those gra g and -filling activities not exempted 36 by section 117 225(g)(2). Application for a permit shall bc made to thc buildingi on the 37 forms provided. The application shall include thc necessary-i-R#ormation so that thc building 38 official can determine thc site's suitability -for thc intended use and that a compliant scwage 39 catmcnt system will bc provided. 40 (2) A permit authorizing an addition to an existing structure shall stipulate that an identified 41 nonconforming noncomplying sewage treatment system, as defined by Chapter 113, shall be 42 reconstructed or replaced in accordance with the provisions of this subdivision. 43 (B) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning 44 compliance for each activity requiring a permit as specified in this subdivision. This certificate will 45 specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, 46 or construction at variance with that authorized by permit shall be deemed a violation of this 47 subdivision and shall be punishable as provided in this subdivision. 48 (C) Variances. Variances may only be granted in accordance with section 120and Minn. Stats. ch. 462, 49 as applicable. In addition to the criteria established in section 120, the board of adjustment must Page 131 of 160