Loading...
§ 152.056 CONSTRUCTION ON NON-CONFORMING LOTS OF RECORD.
   (A)   Exempted lots. Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of § 152.035 may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and meets sewage treatment and setback requirements of this chapter.
   (B)   Variance required. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Zoning Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
   (C)   Contiguous lots. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 152.035, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 152.035 as much as possible.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022) Penalty, see § 152.999
§ 152.057 ADDITIONS/EXPANSIONS TO NON-CONFORMING STRUCTURES.
   All additions or expansions to the outside dimensions of an existing non-conforming structure must meet the setback, height, and other requirements of §§ 152.035 through 152.042. Any deviation from these requirements must be authorized by a variance pursuant to § 152.092.
(Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022) Penalty, see § 152.999
§ 152.058 NON-CONFORMING SEWAGE TREATMENT SYSTEMS.
   (A)   Upgrading. A sewage treatment system not meeting the requirements of § 152.041 must be upgraded, at a minimum, any time a permit ordinance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
   (B)   Identifying.
      (1)   The City Council has by formal resolution notified the Commissioner that it has relinquished its oversight of on-site sewage treatment systems to the county. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years.
      (2)   Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the State Pollution Control Agency’s Chapter 7080, as it may be amended from time to time, for design on on-site sewage treatment systems, shall be considered non-conforming.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)
PLANNED UNIT DEVELOPMENTS (PUDs)
§ 152.070 TYPES OF PUDs PERMISSIBLE.
   Planned unit developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in § 152.021 and the official zoning map.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)
Loading...