(A) The City Council may adopt multiple shoreland classifications to a single body of water by resolution. Such resolution shall not be passed indiscriminately, but shall only be adopted upon a determination that such action is necessary to address a unique situation.
(B) The procedure for making a determination on the necessity of a multiple lake classification is as follows.
(1) A study of the water body shall be initiated by the City Council. The Planning Commission or any property owners may petition the Council for such a study. A petition shall not compel the Council to proceed.
(2) Prior to commencing a study of the water body, the Commission shall be notified of the city’s intent to commence the study.
(3) The study shall be prepared by the Zoning Administrator and overseen by the Planning Commission. The study shall examine the following:
(a) Determine whether the lake has an irregular natural shoreline configuration, possesses bays, arms, islands, peninsulas or points, or the lake has been artificially segmented by roadways, railways, bridges or levees. If none of these conditions exist, multiple shoreland classification shall not be applied to the lake.
(b) Where the conditions of division (B)(3)(a) above exist, a recommendation shall be made as to the appropriate lake classification for each segment identified in division (B)(3)(a) above. The recommendation shall be based on references to the following:
1. The records and files of the Department of Natural Resources, including maps, lists, and other products of the Protected Waters Inventory;
2. Data and publications of the DNR Shoreland Update Project;
3. DNR Bulletin No. 25 (1968);
4. Supplementary Report No. 1 - Shoreland Management Classification System for Public Waters (1976) of the Division of Waters;
5. Minnesota’s Lakeshore, part 2, Statistical Summary, Department of Geography, University of Minnesota; and
6. Any additional supporting data supplied by the Commissioner.
(4) Upon receipt of the study, the Planning Commission shall cause all property owners within a minimum of 500 feet of the shoreline proposed to be reclassified to be notified by regular mail and shall publish a hearing notice for in the legal section of the official newspaper and shall provide notice and proposed reclassification to the DNR at least ten days ahead of the public hearing. The Planning Commission shall hold the hearing and make a recommendation to the City Council.
(5) The City Council shall review the recommendation and shall make a timely decision. A majority vote to reclassify shall be done by resolution.
(6) Where a resolution to reclassify is adopted, the City Clerk/Treasurer shall forward the resolution to the Commissioner for review and approval. Multiple shoreland classifications are subject to review and approval by the Commissioner.
(7) Where approved by the Commissioner, the City Clerk/Treasurer shall publish a description of reclassified area or a map showing the change, whichever is appropriate, in the official newspaper within 30 days of a response from the DNR. Where a reclassification is denied, the City Clerk/Treasurer shall notify all property owners identified in division (B)(4) above of the Commissioner’s decision.
(Ord. 906-2011, passed - -2011)