Agenda - Council - 11/14/2023 - Laserfiche WebLink

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1 (b) Amendments require DNR approval. All amendments to this subdivision must be submitted to and 2 approved by the commissioner of the department of natural resources (DNR) prior to adoption. The 3 commissioner must approve the amendment prior to city approval. 4 (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended 5 to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps 6 adopted in section 921(C). 7 8 932-939 Reserved. 9 10 940 Shoreland Management Overlay District 11 (A) Statutory authorization. The ordinance from which this subdivision is derived is adopted pursuant to 12 the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500 13 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. 14 (B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general 15 welfare not only by contributing to pollution of public waters, but also by impairing the local tax 16 base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the 17 wise subdivision, use and development of shorelands of public waters. The state legislature has 18 delegated responsibility to local governments of the state to regulate the subdivision, use and 19 development of the shorelands of public waters and thus preserve and enhance the quality of surface 20 waters, conserve the economic and natural environmental values of shorelands, and provide for the 21 wise use of waters and related land resources. This responsibility is recognized by the city. 22 (C) Jurisdiction. The provisions of this subdivision shall apply to the shorelands of the public water 23 bodies as classified in section 942. Pursuant to Minn. Rules pts. 6120.2500 6120.3900, no lake, 24 pond, or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated 25 areas need be regulated in a local government's shoreland regulations. A body of water created by a 26 private user where there was no previous shoreland may, at the discretion of the city council, be 27 exempt from this subdivision. 28 (D) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type 29 and location of structures on lots; the installation and maintenance of water supply and waste 30 treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; 31 and the subdivision of land shall be in full compliance with the terms of this subdivision and other 32 applicable regulations. 33 34 941 Shoreland Management Overlay District Administration 35 (A) Permits required. A permit authorizing an addition to an existing structure shall stipulate that an 36 identified noncomplying sewage treatment system, as defined by Chapter 113, shall be reconstructed 37 or replaced in accordance with the provisions of this subdivision. 38 (B) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning 39 compliance for each activity requiring a permit as specified in this subdivision. This certificate will 40 specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, 41 or construction at variance with that authorized by permit shall be deemed a violation of this 42 subdivision and shall be punishable as provided in this subdivision. 43 (C) Variances. Variances may only be granted in accordance with section 120and Minn. Stats. ch. 462, 44 as applicable. In addition to the criteria established in section 120,the board of adjustment must also 45 determine whether the property is used seasonally or year-round. Conditions may be imposed in the 46 granting of a variance to ensure compliance and to protect adjacent properties and the public interest. 47 For existing developments, the application for variance must include documentation, either through 48 existing records or an inspection report by a licensed Minnesota Pollution Control Agency septic 49 inspector, documenting that a complying individual sewage treatment system is present for the 50 intended use of the property. If a variance is issued that will have the effect of allowing additional 51 bedroom on the property, the property owner shall be required, if necessary, to upgrade the 52 noncomplying individual sewage treatment system in conjunction with the issuance of the variance. Page 116 of 141