2004-11-10 CC Meeting (2) - Laserfiche WebLink

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compliant" if the local unit of government demonstrates the following compliance fmdings: Compliance Findings: The Community has an up-to-date comprehensive land use plan with a water resource element and/or a separate local water plan (updating a community's comprehensive land use plan for shore land considerations is an eligible item for cost-sharing under DNR's Shoreland Grant Program); The community, via an official resolution of the government body, makes a specific finding that the goals, policies, and objectives of the comprehensive plan/local water plan and the 6 provisions noted above have been satisfied; and A public hearing(s) has been held and adequate investigations conducted to insure against incompatibility ofland uses, both within existing land use districts or by land uses in adjacent land use districts. The Department of Natural Resources will request a community to justiJy land use districts that are not substantially compatible with state standards via the "implementation flexibility" language in Minnesota Regulations, Part 6120.2800, Subp. 3. While "substantial noncompliance" is judgemental, the DNR would question the following types ofland use district regulations: There is a mixture ofland uses within a given land use district that are incompatible with each other (e.g., commercial use in a single residential district, commercial use in a special protection district, etc.); Not requiring a conditional use permit for a given land use where this is required by state standards and is necessary to properly review and approve the development; Allowing a land use inconsistent with a waterbody's classification; or Having the intensity of a land use, and not the land use type itself, be inconsistent with the land use district (e.g., mixing "single residential" and "high density residential" in the same district). Section 4.23 - Inconsistent Land Use Districts: Communities that do not demonstrate compliance of their existing land use districts must include Section 4.23 ofthis sample ordinance. Communities can continue to enforce their inconsistent land use districts, but the community must include a section similar to Section 4.2 of the sample ordinance with compliant land uses which will be used for the long-term upgrading of these inconsistent land use district regulations.