(1) Permits required.
(a) Permit required. A building permit is required for the construction of buildings or building additions (including related activities such as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and a grading permit for those grading and filling activities not exempted by § 1102.09 of this chapter. Application for a permit shall be made to the Zoning Administrator on forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
(b) Permit stipulation. A building permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in § 1102.11 shall be reconstructed or replaced in accordance with the provisions of this chapter.
(2) Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (1) above of this section. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 1102.02(3) of this chapter.
(3) Variances.
(a) Variances may only be granted in accordance with M.S. Ch. 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. In considering a variance request, the Zoning Administrator must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
(b) The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business of the City Zoning Chapter. 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 (4)(b) shall also include the City Council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(c) For existing developments, the applications 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.
(4) Notification to the Department of Natural Resources.
(a) Copies of all notices of any public hearings to consider variances, zoning amendments or conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearing to consider proposed subdivision/plats must include copies of the subdivision/plat.
(b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or conditional uses in the Flood Plain or Shoreland Management Districts must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten days of final action.
(Ord. 04-95, passed 4-10-1995)