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Municode Page 7 of 8 <br />quality of the area; and where feasible, replanting shall be performed in <br />the same spring or the following spring. <br />c. The selective cutting of trees greater than four inches in diameter may be <br />permitted by local units of government when the cutting is appropriately spaced <br />and staged so that a continuous natural cover is maintained. <br />(2) These vegetative management standards shall not prevent the pruning and cutting of <br />vegetation to the minimum amount necessary for the construction of bridges and <br />roadways and for the safe installation, maintenance and operation of essential <br />services and utility transmission services which are permitted uses. <br />(9) Administration of the Mississippi River Critical Area. <br />(1) In areas when overlapping standards are present the city council shall apply the most <br />restrictive standards. <br />(2) No development or alteration of the Critical Area shall take place without complete <br />compliance with this chapter. All permits for conditional uses, building, sewer system <br />construction or extension (public or private), DNR and EQB review if applicable, and <br />variances shall be obtained prior to any construction. Variances shall be issued only <br />upon demonstration of hardship as defined by section 117-1. Failure to comply with all <br />the standards and regulations of this chapter may be enjoined by the city council <br />through proper legal channels. Each day a violation is permitted to exist shall <br />constitute a separate offense. <br />(3) Notification procedures and certification. <br />a. <br />b. <br />Certain land use decisions which directly affect the use of land within the <br />Mississippi Critical River Area District and involve any of the following actions <br />must be certified by the commissioner as specified in subsection (g)(3)b of this <br />section: <br />1. Adopting or amending an ordinance regulating the use of land including <br />rezoning of particular tracts of the land. <br />2. Granting a variance from a provision of this subdivision which related to <br />the zoning dimension provision of subsection (a) of this section and any <br />other zoning dimension provisions established in the Mississippi River <br />Critical Area. <br />3. Approving a plat that is inconsistent with the local land use code. <br />4. Granting a conditional use permit for a private or commercial <br />recreational development. <br />Certification process. <br />1. A copy of all notices of any public hearings, or where a public hearing is <br />not required, a copy of the application to consider zoning amendments, <br />variances, or inconsistent plats under this Code shall be sent so as to be <br />received by the commissioner at least 30 days prior to such hearings or <br />meetings to consider such actions. The notice of application shall <br />include a copy of the proposed ordinances or amendment, or a copy of <br />the proposed inconsistent plat, or a description of the requested <br />variance, or a copy of the conditional use permit application, where <br />applicable. <br />2. The city shall notify the commissioner of its final decision on the <br />proposed action within ten days of the decision. <br />3. The action becomes effective when and only when either: <br />http://library.municode.com/print.aspx?h=&clientlD=14286&HTMRequest=http%3a%2f%... 8/2/2013 <br />