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SUBSTANDARD USE: Any use of shorelands existing prior to the date of enactment of any city ordinance which is permitted within the applicable zoning district, but does not meet the minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of the ordinances SURFACE WATER ORIENTED COMMERCIAL USE: The use of land :for commercial purposes, where access to and use of surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. TOE OF THE BLUFF: The lower point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%) located in bluff impact zone. See illustration following definition of Top of The Bluff. TOP OF THE BLUFF: The higher point of a fifty foot (50') segment with an average slope exceeding eighteen percent (18%) located in bluff impact zone. See illustration below. ,0 feet --41 Bluff fieieht Bluff" Impact Zone Toe of Blu.9- 2 S feet or more °or greatel slone High Rlufl SetbacL lin ;O feet Water Leti e1 VARIANCE: The same as that term is defined or described in Minnesota statutes, chapter 462 (for municipalities). WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY: A small, aboveground building or other improvement, (except stairways, fences, docks, and retaining walls), which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. WETLAND: A land form that is transitional between "terrestrial" and "agdatic systems" as defined in Minnesota statutes, section 103G.005, subdivision 19. WETLAND BOUNDARY: The boundary line between what is considered to be upland and wetland using the methodology for delineating wetlands as prescribed in Minnesota statutes, section 103G.2242, subdivision 2. (Ord. 1156, 12-12-1994; amd. Ord. 1270, 9-23-2002) 1016.06: ENFORCEMENT COMPLIANCE: The use of any shoreland of public waters, the size and shape of lots, the use, size, type and location of strictures 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. Constriction of buildings, water supply and city utility service systems and erection of signs shall require a permit, unless otherwise expressly excluded by the requirements of this chapter. (Ord. 1156, 12-12-1994) 1016.07: DISCLAIMER: This chapter does not imply that areas outside of the shoreland, wetland and storm water management overland district or land uses permitted within that district will be free from flooding or flood damages. This chapter does not create liability on the part of the city or its officers or employees for any flood damage that may result from reliance on this chapter or any administrative decisions made under it. (Ord. 1156, 12-12-1994)