(A) (1) The City Council or their duly appointed representative shall be responsible for the administration and enforcement of this subchapter.
(2) Any violation of the provisions of this subchapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with building permits, shoreland alteration permits, grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this subchapter can occur regardless of whether or not a permit is required for a regulated activity pursuant to division (B)(1) below. Each day that a violation of the provisions of this subchapter exists, shall constitute a separate misdemeanor.
(B) (1) Permits required.
(a) A permit is required for the construction of buildings or building additions (and including the related activities as construction of fences higher than six feet, decks and signs), and those grading and filling activities not exempted herein. Application for a permit shall be made to the city on the forms provided. The application shall include the necessary information so that the city can determine the site’s suitability for the intended use and that city sanitary sewer will be provided should any building permits or conditional use permits be issued.
(b) Any permit that is issued as described in division (B)(1)(a) above shall stipulate that any building or use generating sewage shall be connected to the city sewer system as further required herein.
(2) Certificate of zoning compliance. A certificate of zoning compliance, issued by the Clerk/ Treasurer or other staff person as designated by the Council, shall be required as specified in division (B)(1) above. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement or construction that varies from what has been authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided herein.
(3) Variances.
(a) Variances may be granted only in accordance with M.S. Ch. 462, as it may be amended from time to time. A variance shall not circumvent the general purposes and intent of this section. 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 City Council will 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 shall hear and decide requests for variances, including variances for sewage treatment systems in shoreland districts, in accordance with §§ 153.219 and 153.220. 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 (B)(4) below shall also include the 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 application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require hook-up to the municipal sewer system.
(4) Notifications to the Department of Natural Resources.
(a) Copies of all notices of any public hearings to consider variances, amendments or conditional uses under shoreland management controls shall be sent to the DNR or the DNR’s designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof.
(b) A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under shoreland management controls must be sent to the DNR or the DNR’s designated representative and postmarked within 30 days of final action.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00; Am. Ord. 04-01, passed 8-10-04)