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1012.03: MORELAND OVERLAY DISTRICT A. Statutory Authorization and Polite 1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F Minnesota Rules Parts 6120 2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Chapter 462 2. Policy: The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Roseville. 3. Purpose: The purpose of the Shoreland Overlay District is to recognize preserve protect and enhance the environmental, recreational and hydrologic resources and functions of the city's lakes byre regulating the use of land adjacent to public waters In order to promote the general health safety and welfare, certain protected waters in the city have been given a shoreland management classification by the Minnesota Department of Natural Resources and the City of Roseville The intent of the Shoreland Overlay District is to awl the he regulations and standards found in this chapter to public waters and adjacent land as an overlay zone further regulating the use of land as allowed by other districts of this ordinance. B. General Provisions and Definitions 1. Jurisdiction: The provisions of this ordinance apply to the shorelands of the public water bodies as classified in Section 1012.03.D.1 of this ordinance. Pursuant to Minnesota Rules, Parts 6120.2500-6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2. Enforcement: The Community Development Director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in Section 1012.03.C.2 of this ordinance 3. Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction the remainder of this ordinance shall not be affected thereby. 4. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal abrogate, or impair any existing easements, covenants or deed restrictions However, where this ordinance imposes greater restrictions the provisions of this ordinance shall prevail All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 5. Defmitions: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the same meaning they have in common usage and to give this ordinance