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04-04-05
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04-04-05
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<br />Chapter 16 - Shoreland Ordinance <br />Draft NO.7 - City Council 2nd Reading - April 4, 2005 <br />Page 3 of 38 <br /> <br />regulatod activity pursuant to Section 3.1 of this ordinance. In'the event of a <br />violation or threatened violation of this ordinance, the City may institute <br />appropriate actions or proceedinqs to prevent, restrain. correct, or abate such <br />violations or threatened violations and it is the duty of the City Attorney to <br />institute such action. <br /> <br />Subd.4. <br /> <br />Interpretation <br /> <br />In their interpretation and :::1pplication, the provisions of this ordinance shall be <br />held to be minimum requirements and shall be liberally construed in favor of the <br />governing body and sh:::111 not be deemed :::1 limitation or repeal of :::1ny other <br />powers granted by State Statutes. The boundaries of the Shoreland Overlay <br />District shall be determined bY scalinq distances on the official zoninq map. <br />Where interpretation is needed to the boundaries of the Shoreland Overlay <br />Districts as shown on the official zoninq map, the rules established in Section <br />10.04 of Chapter 10 Land Use ReQulations (Zoninq) of the Code of Ordinances <br />shall be followed. <br /> <br />Subd.5. <br /> <br />Severability <br /> <br />If any section, clause, provision, or portion of this ordinance is adjudged <br />unconstitutional or invalid by a court of competent jurisdiction, the remainder of <br />this ordinance shall not be affected thereby. <br /> <br />Subd.6. <br /> <br />Abroqation and Greater Restrictions <br /> <br />It is not intended by this ordinance to repeal, abrogate, or impair any existing <br />easements, covenants, or deed restrictions. However, where this ordinance <br />imposes greater restrictions, the provisions of this ordinance shall prevail. All <br />other ordinances inconsistent with this ordinance are hereby repealed to the <br />extent of the inconsistency only. <br /> <br />Subd.7. <br /> <br />Definitions <br /> <br />Unless specifically defined below, words or phrases used in this ordinance shall <br />be interpreted so as to give them the same meaning as they have in common <br />usage and so as to give this ordinance its most reasonable application. For the <br />purpose of this ordinance, the words "must" and "shall" are mandatory and not <br />permissive. All distances, unless otherwise specified, shall be measured <br />horizontally. <br /> <br />Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment <br />having the following characteristics (an area with an average slope of less than <br />18 percent over a distance for 50 feet or more shall not be considered part of the <br />bluff): <br />
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