A. Purpose. The purpose of this Section is to identify administrative provisions to ensure this chapter is administered consistent with its purpose.
B. Permits. A critical area permit is required for the construction of any new structure, building(s) or building addition(s), including construction of decks, retaining walls, signs, the installation and/or alteration of sewage treatment systems, vegetation removal consistent with Section 12-3-9 and land alterations consistent with Section 12-3-10.
C. Variances. Variances to the requirements under this chapter may only be granted in accordance with Minnesota Statutes, section 462.357 and must consider the potential impacts of variances on primary conservation areas (PCAs), public river corridor views (PRCVs), and other resources identified in the MRCCA plan. In reviewing the variance application, and before granting a variance, the City shall:
1. Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, and consistent with Section 12-3-3.E (below); and
2. Make written findings that the variance is consistent with the purposes and scope of this chapter as follows.
a. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan;
b. The variance is consistent with the character and management purpose of the MRCCA district in which it is located;
c. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions; and
d. The variance will not negatively affect other MRCCA resources identified in the City's MRCCA Plan such as wetlands, river overlooks, parks, and open space.
D. Conditional and Interim Use Permits. All conditional and interim uses required under this chapter must comply with Minnesota Statutes, section 462.3595 and 462.3597 respectively, and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the City's MRCCA plan. In reviewing the application, and before granting a conditional or interim use permit, the City shall:
1. Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section 12-3-3.E (below); and
2. Make written findings that the conditional or interim use is consistent with the purpose of this chapter as follows.
a. The extent, location, and intensity of the conditional or interim use will be in substantial compliance with the MRCCA plan;
b. The conditional or interim use is consistent with the character and management purpose of the MRCCA district in which it is located;
c. The conditional or interim use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present, and reasonable future actions; and
d. The conditional or interim use will not negatively affect other resources identified in the City's MRCCA plan, such as wetlands, river overlooks, and parks and open space.
E. Conditions of Approval and Mitigation. The City shall evaluate the impacts to PCAs, PRCVs and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include, but is not limited to:
1. Restoration of vegetation identified as "vegetation restoration priorities" in the City's MRCCA plan;
2. Preservation of existing vegetation;
3. Increasing, enhancing, and or connecting habitat for pollinators, birds, and other wildlife;
4. Stormwater runoff management;
5. Reducing impervious surfaces;
6. Increasing structure setbacks;
7. Wetland and drainage route restoration and/or preservation;
8. Limiting the height of structures;
9. Modifying structure design to limit visual impacts on the PRCVs; and
10. Other conservation measures.
F. Nonconformities.
1. All legally established nonconformities as of the date of this ordinance may continue and will be regulated consistent with Minnesota Statutes, section 462.357, Subd. 1e.
2. New structures erected in conformance with the setback averaging provisions of Section 12-3-6.C.4 are conforming structures.
3. Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback requirements of Section 12-3-6.C may be expanded laterally provided that:
a. The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure [See Figure 6 - below]; and
b. The expanded structure's scale and bulk is consistent with that of the original structure and existing surrounding development.
FIGURE 6: EXPANSION OF NONCONFORMING STRUCTURES DIAGRAM
G. Accommodating Disabilities. Reasonable accommodation for ramps and other facilities to provide persons with disabilities access to the person's property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must:
a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation, provided that the permit's termination date may be extended or the termination event may be modified upon request, as required by federal and state law; and
b. Upon expiration of the permit, the ramp or other facilities must be removed. (Ord. 568, 9-23-2021)