Agenda - Planning Commission - 04/27/2023

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1 Management Agency(FEMA),the Minnesota Department of Natural Resources,or the planning 2 commission for review and comment. 3 (5) Once the floodway and flood fringe district boundaries have been determined, the city council 4 shall refer the matter back to the zoning administrator to process the permit application 5 consistent with the applicable provisions of sections 117-183 and 117-184. 6 7 8 930 Shoreland Management Overlay District 9 10 (A) Statutory authorization.The ordinance from which this subdivision is derived is adopted pursuant to 11 the authorization and policies contained in Minn. Stats. ch. 103F, Minn. Rules pts. 6120.2500- 12 6120.3900, and the planning and zoning enabling legislation in Minn. Stats. ch. 462. 13 (B) Policy. The uncontrolled use of shorelands of the city affects the public health, safety and general 14 welfare not only by contributing to pollution of public waters, but also by impairing the local tax 15 base.Therefore, it is in the best interests of the public health, safety and welfare to provide for the 16 wise subdivision, use and development of shorelands of public waters. The state legislature has 17 delegated responsibility to local governments of the state to regulate the subdivision, use and 18 development of the shorelands of public waters and thus preserve and enhance the quality of 19 surface waters,conserve the economic and natural environmental values of shorelands,and provide 20 for the wise use of waters and related land resources.This responsibility is recognized by the city. 21 (C) Jurisdiction.The provisions of this subdivision shall apply to the shorelands of the public water bodies 22 as classified in section 117-224. Pursuant to Minn. Rules pts. 6120.2500-6120.3900, no lake, pond, 23 or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas 24 need be regulated in a local government's shoreland regulations. A body of water created by a 25 private user where there was no previous shoreland may, at the discretion of the city council, be 26 exempt from this subdivision. 27 (D) Compliance. The use of any shoreland of public waters;the size and shape of lots;the use, size,type 28 and location of structures on lots; the installation and maintenance of water supply and waste 29 treatment systems,the grading and filling of any shoreland area;the cutting of shoreland vegetation; 30 and the subdivision of land shall be in full compliance with the terms of this subdivision and other 31 applicable regulations. 32 33 931 Shoreland Management Overlay District Administration 34 (A) Permits required. 35 36 , 37 , 38 hy rpr-t*en 117 2-C25-3 It ta)11 IX 21/1 1 .4 pplir-atonm fmr-a permit shall he made to thin h,-81ding efficial en t in 39 40 efficeal can deteF Mane the site's 41 t F e a t Fn e n t sy S.t%-.%e 11 1=1 �VAVF 0 11 b e p.Ir G v I d. . 42 (2) A permit authorizing an addition to an existing structure shall stipulate that an identified 43 h^h c^if^rM 11pr noncomplying sewage treatment system, as defined by Chapter 113, shall be 44 reconstructed or replaced in accordance with the provisions of this subdivision. 45 (B) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning 46 compliance for each activity requiring a permit as specified in this subdivision. This certificate will 47 specify that the use of land conforms to the requirements of this subdivision.Any use, arrangement, 48 or construction at variance with that authorized by permit shall be deemed a violation of this 49 subdivision and shall be punishable as provided in this subdivision. Page 120 of 147