§ 151.03.29 ADMINISTRATION AND ENFORCEMENT.
   (A)   The city shall administer and enforce shoreland management controls as provided in the Zoning Chapter.
   (B)   In addition to other standards and criteria for variances provided in § 151.06.13 Variance or state law, the city will apply the following criteria:
      (1)   Variances for properties within the Shoreland Overlay District will only be granted in accordance with M.S. § 462.357, Subd. 6 and may not circumvent the general purposes and intent of the official controls.
      (2)   No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
      (3)   The city must also consider:
         (a)   Whether property owners have reasonable use of the land without the variance(s);
         (b)   Whether any existing sewage treatment systems on the property need upgrading before additional development is approved;
         (c)   Whether the property is used seasonally or year-round;
         (d)   Whether the variance is being requested solely on the basis of economic considerations; and the characteristics of development on adjacent properties.
      (4)   Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest.
   (C)   In addition to any existing standards the city has for reviewing conditional uses as listed in § 151.06.14 Conditional Use Permit, the following standards must be used for reviewing conditional uses located in shoreland areas:
      (1)   A thorough evaluation of the topographic, vegetation and soils conditions on the site to ensure:
         (a)   Prevention of soil erosion or other possible pollution of public waters, both during and after construction;
         (b)   Limiting visibility of structures and other facilities as viewed from public waters; and
         (c)   Adequacy of the site for water supply and on-site sewage treatment.
      (2)   An assessment of the types, uses and numbers of watercraft that the development or use will generate in relation to the suitability of public waters to safely accommodate these watercraft.
      (3)   The city may impose conditions when granting conditional use permits that specify increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location; design; the use's location and design; and use requirements for watercraft launching or docking, and for vehicular parking, structure or other facility design, use and location; phasing of construction; and other conditions considered necessary.
   (D)   In addition to other standards and criteria for nonconformities provided in this chapter or state law, the city will apply the following criteria:
      (1)   The city will require the upgrading or replacement of any existing, on-site sewage treatment system identified as a nonconformity under a program established under state law as Minn. Rules Part 6120.3400. Systems installed according to all applicable local shoreland management standards 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, seepage pits or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by Minn. Rules Chapter 7080, shall be considered nonconforming.
      (2)   All nonconformities other than on-site sewage treatment systems must be managed according to applicable state statutes and local government official controls.
(Ord. 20220120-01, passed 1-20-22)