(A) Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest.
(B) The Board of Zoning Adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in § 152.093(B) below shall also include the Board of Zoning Adjustment’s summary of the public record/testimony and findings of facts and conclusions which supported the issuance of the variance.
(C) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non-conforming sewage treatment system.
(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)