(A) Permits required.
(1) A permit issued pursuant to §§ 150.01 through 150.05 is required for the construction of buildings or building additions, (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by § 151.37. Each application for an activity subject to this chapter shall include the necessary information so that the city administrator can determine the site’s suitability for the intended use and that a compliant sewage treatment system will be provided.
(2) Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by § 151.42, shall be reconstructed or replaced in accordance with the provisions of this chapter.
(3) A zoning certificate is required for each activity requiring a permit as specified in this section. This certificate will specify that the use of land conforms to the requirements of this chapter. Application for and issuance of the certificate shall be governed by § 153.008(B).
(B) Variance.
(1) A variance may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, and in the manner set forth in § 153.008(F). 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.
(2) The Board of Adjustment shall hear and decide requests for variances in accordance with § 153.008(F). 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 division (C)(2) below shall also include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(3) 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 nonconforming sewage treatment system.
(C) Notifications of the Department of Natural Resources.
(1) 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/plats must include copies of the subdivision/plat.
(2) A copy of approved amendments and subdivisions/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. 31, passed - -1995)