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ii <br />i <br />(9 <br />ORDINANCE FOR THE MANAGEMENT <br />OF SHORELAND AREAS OF THE <br />CITY OF <br />B <br />T <br />I. GENERAL PROVISIONS <br />A) Statutory Authorization: This ordinance is adopted pursuant to tne <br />authorization containeo in the Laws of Minnesota 1973, Chapter 379, <br />and in furtherance of the policies declared in Minnesota Statutes <br />1976, Chapters 105,116,116 and 462. <br />B) Policy: Tne uncontrolled use of shorelanos of tne city oi <br />affects the public health, safety ano general welfare not only by <br />contributing to pollution of public waters, but also by inpairing tne <br />local tax base. Therefore, it is in tne best interests of tne public <br />health, safety and welfare to provide for tne wise aevelopmer»t of <br />shorelanos of public waters. Tne Legislature of Minnesota nas <br />delegated responsibility to the municipalities of tne state to <br />regulate the subdivision, use and development of the snorelanos of <br />public waters and thus preserve ano ennance the quality of surface <br />waters, preserve the economic and natural environmentai values of <br />snorelands, and provide for tne wise utilization of waters anc <br />related land resources. Tnis responsibility is nereoy recognized by <br />the City of _ _ _ _ _ _ _ _ _ _ _ _ _. <br />C) Definitions: For the purpose of tnis ordinance, certain terms or <br />words used herein shall be interpreted as follov.s: Tne wora "shall" <br />is mandatory, not permissive. All distances unless otnt.-r.;ise <br />specified snail be measured horizontally. <br />"Boathouse" means a structure useo solely for tne storage of boats or <br />boating equipment. <br />"Builoing Line" means that line measured across tne width of tne lot <br />at the point where tne principal structure is placed in accoruante <br />with setback provisions. <br />"Clear-cutting" means tne removal of an entire stand of trees. <br />"Conditional Use" means a use of snorelands whicn is permitted within <br />a zoning district only when allowed by the city after a public <br />hearing, if certain conditions are met wr.ich eliminate or minimize <br />the incompatibility of tne conditional use with otner permitted uses <br />of the district. <br />"Governing Body" means the city council by wiiatever name known. <br />"Hardship" means the property in question cannot be put to reasonable <br />use under the conditions allowed by the official controls; the plight <br />of the landowner is due to circumstances unique to his property, not <br />created by the landowner; and the variance, if granted, will not <br />alter the essential cnaracter of tiio locality. Ecunomic <br />considerations alone shall not constitute a hardship it a reasonable <br />use for the property exists under terms of the ofticial controls.