(A) Permit required.
(1) A permit is required for the construction of buildings, or building additions (and 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 this subchapter. Application for a permit shall be made to the Zoning Administrator on the 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.
(2) A permit authorizing an addition to an existing structure shall stipulate that an identifying, non-conforming sewage treatment system shall be reconstructed, or replaced, in accordance with the provisions of this subchapter.
(B) Variances.
(1) Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time. A variance may not circumvent the general purposes, and intent, of this subchapter. VARIANCE means a provision for varying the literal provisions of this subchapter in instances where its strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant the VARIANCE only when it is demonstrated that the actions will be in keeping with the spirit, and intent, of this subchapter. 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 Board of Adjustment 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, or whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
(2) The Board of Adjustment shall hear, and decide, requests for variances in accordance with the rules that is 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 herein shall also include the Board of Adjustment’s summary of the public record/testimony, and the findings of facts and conclusions that supported the issuance of variances.
(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 non-conforming sewage treatment system.
(C) Notifications to the Department of Natural Resources.
(1) Copies of all notices of any public hearings to consider variances, amendments, or special uses under local shoreland management controls must be sent to the Commissioner, or the Commissioner’s designated representatives, 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 special 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.
(D) Fee schedule. A copy of the fee schedule shall be available in the office of the Zoning Administrator.
(Prior Code, § 11.60)