Ordinance - #04-32 - 08/10/2004 - Laserfiche WebLink

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Top of the bluff. The higher point of a 50-foot segment with an average slope exceeding 18 percent. Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities). Water-oriented accessory structure or facility. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Wetland. A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition). 9.25.03 -Administration Subd. 1 Permits Required a. A building 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 Section 9.25.05, Subd. 7.b. Application for a permit shall be made to the Building Official on the forms provided. The application shall include the necessary information so that the Building Official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. b. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 9.25.05, Subd. 7.g.2, shall be reconstructed or replaced in accordance with the provisions of this section. Subd. 2 Certificate of Zoning Compliance The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this section. This certificate will specify that the use of land conforms to the requirements of this section. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this section and shall be punishable as provided in this section. Subd.3 Variances Variances may only be granted in accordance with Section 9.03.07 of the City Code and Minnesota Statutes Chapter 462, as applicable. In addition to the criteria established in Section 9.03.07, the Board of Adjustment must also determine whether the property is used seasonally or year-round. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. For existing developments, the application for variance must include documentation, either through existing records or an inspection report by a licensed Minnesota Pollution Control Agency Septic Inspector, documenting that a conforming individual sewage treatment system is present for the intended use of the property. 6