(A) Short title. This chapter shall be referred to as the City Shoreline Management Chapter.
(B) Jurisdiction. The provisions of this chapter shall apply to all incorporated areas in the city.
(C) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the city, and shall not be deemed a limitation or repeal of any other powers granted to the city by Minnesota Statutes.
(D) Severability. The provisions of this chapter shall be severable, and the finding of invalidity of any section, division or clause thereof shall not render void or invalid any other section, division or clause thereof.
(E) Abrogation and greater restrictions.
(1) This chapter supercedes all provisions of any city zoning regulations that relate to shorelands. However, the provisions of the existing city zoning regulations and map are hereby incorporated by reference and shall, to the extent of greater restrictions contained therein, be made as much a part of this chapter as if the matter described were fully set out herein.
(2) This chapter shall not require the approval or be subject to disapproval of the City Council. However, this section does not prohibit the city from adopting or continuing in force regulations which are more restrictive than those required by this chapter.
(3) It is not otherwise intended by this chapter to repeal, abrogate or impair any existing deed restrictions or ordinances other than zoning to the extent specified in this section; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(F) Compliance.
(1) The use of any shoreland of public waters, including the size and shape of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning, or dredging of any shoreland area; the cutting of shoreland vegetation; and the subdivision of lots, shall be in full compliance with the terms of this chapter and other applicable regulations.
(2) Construction of buildings, private water supply and sewage systems and the erection of signs shall require a permit unless otherwise expressly excluded by the requirements of this chapter.
(G) Administration. The city zoning administrator shall have the responsibility of the administration of this chapter.
(H) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING LINE. The line measured across the width of the lot at the point where the main structure is placed in accordance with the setback provisions.
CLUSTER DEVELOPMENT. A pattern of subdivision development which places housing units into compact groupings while providing a network of commonly owned or dedicated open spaces.
CONDITIONAL USE. A use of shoreland which is permitted within a zoning district only when approved by the Council after a public hearing, if certain conditions are met which eliminate or minimize the incomparability of the use with other permitted uses of the district.
DISTANCE. All distances shall be measured horizontally, unless otherwise specified.
NONCONFORMING USE. Any use of land established prior to the effective date of the chapter which does not conform to the use restrictions or the ordinances applicable to district within which the land is located.
NORMAL HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The NORMAL HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
PUBLIC WATER. A body of water capable of substantial beneficial public use. For the purpose of this chapter, this shall be construed to mean any lake, pond or flowage of 25 acres or more, or any river or stream with a total drainage area of two square miles or more, which has the potential to support any type of recreation pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland as defined herein, for a designated use authorized by the Commissioner of Conservation shall be exempt from the provisions of this chapter.
(a) The official determination of the size and physical limits of lakes, ponds or flowages shall be the areas listed in the Division of Waters, Soils and Minerals, Bulletin No. 25, “An Inventory of Minnesota Lakes.”
(b) The official determination of the size and physical limits of drainage areas of rivers and streams shall be the records of the Division of Waters, Soils and Minerals.
SETBACK. The minimum horizontal distance between a structure and the normal high watermark or between a structure and a road or highway.
SHALL. Is mandatory, not permissive.
SHORELAND. Land located within the following distances from public waters:
(a) One thousand feet from the normal high water mark of a lake, pond, or flowage; or
(b) Three hundred feet from a river or stream, or the landward extent of a flood plain designated by regulations on a river or stream, whichever is greater, except where the limits are designated on the official zoning map of the city.
STRUCTURE. Any building or appurtenances thereto, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, or gas lines, including towers, poles and other supporting appurtenances.
SUBDIVISION. Improved or unimproved land or lands which are divided for the purpose of ready sale or lease, into two or more lots or parcels, contiguous in area, which are under common ownership or control.
SUBSTANDARD USE. Any use of shorelands existing prior to the date of enactment of any city ordinances which is permitted within the applicable zoning district but which does not meet the minimum lot area and length of water frontage, structure setbacks or other dimensional standards of the regulations.
UNINCORPORATED AREA. The area outside the city.
VARIANCE. A modification of, or a deviation from the provisions of this chapter where it is determined that, by reason of exceptional circumstances, the strict enforcement of any provision of this chapter would cause unnecessary hardship, would nullify the intent and purpose of this chapter, or would be unreasonable, impractical or infeasible under the circumstances.
WATER SUPPLY PURPOSE. Includes any uses of water for domestic, commercial industrial, or agricultural purposes.
(Prior Code, § 1001.01)