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§ 152.092 VARIANCES.
   (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)
§ 152.093 NOTIFICATION TO THE DEPARTMENT OF NATURAL RESOURCES.
   (A)   Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions or plats must include copies of the subdivision or plat.
   (B)   A copy of approved amendments and subdivisions or plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.
(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)
§ 152.999 PENALTY.
   Any violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants and variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to § 152.090. Each 24-hour day that a violation continues shall constitute a separate offense.
(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)