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Attachment <br />Proposed Shoreland Ordinance Update <br />4806 2. Enforcement: The Community Development Director is responsible for the administration and <br />4807 enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to <br />4808 comply with any of its requirements, including violations of conditions and safeguards <br />4809 established in connection with grants of variances or conditional uses, constitutes a misdemeanor <br />4810 and is punishable as defined by law. Violations of this ordinance can occur regardless of whether <br />4811 or not a permit is required for a regulated activity listed in Section 1012.03.C.2 of this ordinance. <br />4812 3. Severability: If any section, clause, provision, or portion of this ordinance is adjudged <br />4813 unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance <br />4814 shall not be affected thereby. <br />4815 4. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or <br />4816 impair any existing easements, covenants, or deed restrictions. However, where this ordinance <br />4817 imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances <br />4818 inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. <br />4819 5. Definitions: Unless specifically defined below, words or phrases used in this ordinance shall be <br />4820 interpreted to give them the same meaning they have in common usage and to give this ordinance <br />4821 its most reasonable application. For the purpose of this ordinance, the words ÐmustÑ and ÐshallÑ <br />4822 are mandatory and not permissive. All distances, unless otherwise specified, are measured <br />4823 horizontally. <br />4824 BLUFF: A topographic feature such as a hill, cliff, or embankment having the following <br />4825 characteristics: <br />4826 ¤ Part or all of the feature is located in a shoreland area; <br />4827 ¤ The slope must drain toward the waterbody. <br />4828 ¤ The slope rises at least 25 feet above the ordinary high water level; <br />4829 ¤ The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary <br />4830 high water level averages 30 percent or greater (see Figure 1012-1), except that an area with <br />4831 an average slope of less than 18 percent over a distance of at least 50 feet shall not be <br />4832 considered part of the bluff (see Figure 1012-2). <br />4833 Figure 1012-1: Illustration of Bluff <br />8 <br /> <br />