(1) Jurisdiction. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in § 1102.05 and as shown on the official zoning map of the city as being located within the Shoreland Overlay District. A body of water created by a private user where there was no previous shoreland may, at the discretion of the city, be exempt from this chapter.
(2) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and locations of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and other applicable regulations.
(3) Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to § 1102.04(1).
(4) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The approximate boundaries of the Shoreland Overlay District are indicated on the official zoning map of the city and attachments thereto. Exact determination of the boundaries will be made by the Minnesota Department of Natural Resources, Division of Waters.
(5) Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(6) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. 04-95, passed 4-10-1995)