(A) Permits 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, the alteration or addition of impervious area and those grading and filling activities not exempted by § 155.145(C) of 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 exiting structure shall stipulate that an identified nonconforming sewage treatment system, as defined by § 155.145(H)(2), shall be reconstructed or replaced in accordance with the provisions of this subchapter.
(B) Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (A) above of this section. This certificate will specify that the use of land conforms to the requirements of this subchapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this subchapter and shall be punishable as provided in § 155.141(C) of this subchapter.
(C) Variances.
(1) Variances may only be granted in accordance with M.S. Chapter 462, as applicable. A variance may not circumvent the general purposes 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, 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 it 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 in division (D)(2) below shall also include the Board of Adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(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 required reconstruction of a nonconforming sewage treatment system.
(D) Notifications to the Department of Natural Resources.
(1) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative 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 conditional 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.
(Ord. 808, passed 3-13-95)