2005-05-03 P & Z Agenda - Laserfiche WebLink

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INTRODUCTION TO SAMPLE SHORELAND MANAGEMENT ORDINANCE This introduction is intended as a guide for the use ofthe Department of Natural Resources', "Sample Shore land Ordinance", dated January 1, 1990. What follows is not a step-by-step explanation of the sample ordinance. Local officials will have to use judgement in drafting their shoreland ordinance, and hopefully after consultation with their DNR area hydrologist. This sample ordinance is not a free-standing set of zoning and subdivision regulations. It could be adopted as a separate section(s) of existing zoning and subdivision regulations. The community/user may find some of the recommended language duplicative or the user may wish to dissect the sample ordinance for inclusion into the appropriate separate parts of a comprehensive zoning and subdivision code. The DNR will accept any legitimate ordinance format that contains the necessary regulatory language. The format of this document is a section-by-section discussion of the sample ordinance. A given explanation of a section may be brief, advising only whether the provisions are optional or mandatory. Other explanations may be lengthy and describe which language is required or how comprehensive or complex issues are to be handled. Prior to spending a considerable amount of time on preparing a draft shoreland ordinance, local officials should contact their area hydrologist for further direction. Questions should be referred to the community's area hydrologist or to (612) 296-4800. SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY It is recommended that the provisions of Sections 1.1 and 1.2 or similar provisions be included in a community's zoning controls. This will establish legislative authority and policies for the ordinance should a later appeal or court action follow. A community may have an existing zoning ordinance section that deals with statutory authorization and policy, where these statutory and rule citations and policies could be included. SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS Again, a community with existing community-wide land use regulations probably has most or all of the provisions in Sections 2.1 - 2.6. Those communities that do not are encouraged to include these Sections. The definitions in Section 2.7 are generally the minimum definitions necessary for a compliant shore land ordinance. Obviously, a community could amend a definition to make it more comprehensive/restrictive. A defmition may not be necessary if a given feature or land use is not present in the community or a regulatory option is not to be chosen. For example: 1) the definition of "guest cottage" would not be needed if the community opts to not allow guest cottages by excluding Section 5.14, C of the sample ordinance (page 19) from their adopted ordinance; or 2) definitions of certain types of/and uses are not necessary (e.g., industrial use, commercial use, planned unit development, etc.) if they are not an allowable use within shorelands.