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Scenic <br /> <br />River~ <br /> <br />Subd. 3 <br /> :a. <br /> <br /> § 9.23 <br /> the Section, except that such lots which meet or exceed 60 % or <br /> more of the lot width standards of these regulations may be <br /> considered as a separate parcel of land for the purpose of sale or <br /> development, if on-site sewage disposal systems can be installed <br /> so as to comply with these regulations. <br /> <br /> Nonconforming Uses <br />1. Nonconforming Uses. Uses which are prohibited by this section <br /> but which are in existence prior to the effective date of this section <br /> shall be nonconforming uses. Such uses shall not be intensified, <br /> enlarged, or expanded beyond the permitted or delineated <br /> boundaries of the use or activity as stipulated in most current <br /> permit issued prior to the adoption of this section. <br />2. Nonconforming Sanitary Systems. All sanitary facilities <br /> inconsistent with the performance standards of other applicable <br /> local ordinances and the minimum standards of Minnesota <br /> Pollution Control Agency shall be brought into conformity or <br /> discontinued within five years of the date of enactment of this or <br /> other applicable ordinances. <br /> <br />Substandard Uses. All uses in existence prior to the effective date of <br />enactment or amendment of this section which meet the allowable use <br />criteria within the newly established Land Use District provisions of this <br />section, but do not meet the minimum lot area, setback, or other <br />dimensional requirements of this section are substandard uses. All <br />substandard uses, except for substandard signs, shall be allowed to <br />continue subject to the following conditions and exceptions: <br />1. Any structural alteration or addition to a substandard use which <br /> will increase the substandard dimensions shall not be allowed. <br />2. Substandard signs shall be gradually eliminated over a period of <br /> time not to exceed five years from the date of enactment of this <br /> section. <br />3. Where a setback pattern from the ordinary high water level already <br /> has been established on both sides of a proposed building site, the <br /> setback of the proposed structure may be allowed to conform to <br /> that pattern. This provision shall only apply to lots which do not <br /> meet the minimum lot width requirement of §9.23.06 of this <br /> Section. <br /> <br /> Variances <br /> <br />The grant of a variance requires the presence of the following <br />conditions: <br />1. The strict enforcement of the land use controls will result in <br /> unnecessary hardship. <br />2. Granting of the variance is not contrary to the purpose and intent <br /> of the zoning provisions herein established by these standards and <br /> criteria, and is consistent with the Management Plan for the Rum <br /> River. <br /> There are exceptional circumstances unique to the subject property <br /> which were not created by the landowner. <br /> Granting of the variance will not allow any use which is neither a <br /> permitted or conditional use in the land use district in which the <br /> subject property is located. <br /> Granting of the variance will not alter the essential character of the <br /> locality as established by the Management Plan for the Rum River. <br /> <br /> <br />