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1012.03: SHORELAND OVERLAY DISTRICT 120 A. Statutory Authorization and Policy 121 1. Statutory Authorization: This shoreland ordinance is adopted pursuant to the authorization and 122 policies contained in Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 - 123 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 124 2. Policy: The Legislature of Minnesota has delegated responsibility to local governments of the 125 state to regulate the subdivision, use and development of the shorelands of public waters and thus 126 preserve and enhance the quality of surface waters, conserve the economic and natural 127 environmental values of shorelands, and provide for the wise use of waters and related land 128 resources. This responsibility is hereby recognized by the City of Roseville. 129 3. Purpose: The purpose of the Shoreland Overlay District is to recognize, preserve, protect and 130 enhance the environmental, recreational and hydrologic resources and functions of the city's lakes 131 by regulating the use of land adjacent to public waters. In order to promote the general health, 132 safety and welfare, certain protected waters in the city have been given a shoreland management 133 classification by the Minnesota Department of Natural Resources and the City of Roseville. The 134 intent of the Shoreland Overlay District is to apply the regulations and standards found in this 135 chapter to public waters and adjacent land as an overlay zone, further regulating the use of land as 136 allowed by other districts of this ordinance. 137 B. General Provisions and Definitions 138 1. Jurisdiction: The provisions of this ordinance apply to the shorelands of the public water bodies 139 as classified in Section 1012.03.D.1 of this ordinance. Pursuant to Minnesota Rules, Parts 140 6120.2500 -6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 141 acres in size in unincorporated areas need be regulated in a local government’s shoreland 142 regulations. A body of water created by a private user where there was no previous shoreland 143 may, at the discretion of the governing body, be exempt from this ordinance. 144 2. Enforcement: The Community Development Director is responsible for the administration and 145 enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to 146 comply with any of its requirements, including violations of conditions and safeguards 147 established in connection with grants of variances or conditional uses, constitutes a misdemeanor 148 and is punishable as defined by law. Violations of this ordinance can occur regardless of whether 149 or not a permit is required for a regulated activity listed in Section 1012.03.C.2 of this ordinance. 150 3. Severability: If any section, clause, provision, or portion of this ordinance is adjudged 151 unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance 152 shall not be affected thereby. 153 4. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or 154 impair any existing easements, covenants, or deed restrictions. However, where this ordinance 155 imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances 156 inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 157 5. Definitions: Unless specifically defined below, words or phrases used in this ordinance shall be 158 interpreted to give them the same meaning they have in common usage and to give this ordinance 159 RCA Attachment A Page 5 of 32