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

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The community should be able to explain why a given definition in Section 2.8 is modified or not included. SECTION 3.0 - ADMINISTRATION Essentially, the language in Sections 3.1 - 3.4 must be in a community's shoreland ordinance or comparable language must be in a community's existing community-wide land use regulations. Most communities with land use regulations will likely already require permits (Section 3.11), certificates of zoning compliance (Section 3.2), and include guidance language on the issuance of variances (Section 3.31). Adjustments to existing sections of community-wide regulations will be necessary if specific shoreland issues are not adequately covered. The Department of Natural Resources, Division of Waters has suggested "fonus" for building permit applications, issuance of permits, conditional uses, and variances, and certification of fmal construction. These forms are available upon request. For Section 3.3, a zoning ordinance is not legally enforceable unless the community has formally established a board of adjustment. The Department of Natural Resources has developed recommended language to establish a board of adjustment and the procedures for conduct of business of the board should this be necessary. When a community grants a variance that the DNR recommended be denied in the hearing record, the community is strongly encouraged to include the optional language in Section 3.32, which states: I) When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification ofthe approved variance required in Section 3.42 below shall also include the board of adjustment's summary of the public record/testimony and the findings offacts and conclusions which supported the issuance ofthe variance. It This enables the DNR to provide a more timely decision to the permittee as to whether the Department will appeal the decision of the community. SECTION 4.0 Section 4.1 - Shoreland Classifications: A shore land ordinance must list the qualifYing public waterbodies and the corresponding shoreland management classification scheme for these public waters. Communities need to: 1) list the public waterbodies meeting the size criterion of Minnesota Regulations, Part 6120.2500, Subp. 13, in the text of the ordinance; and 2) specifY the appropriate lake or river classification for these waterbodies and the (legal) description ofthe upper and lower boundary of each river classification. Communities are also strongly encouraged to identifY shoreland classifications on their official zoning map and to delineate the landward extent ofthe shoreland district as accurately as possible. This is an eligible item for ordinance adoption assistance under the DNR's Shoreland Grant