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