Agenda - Council Work Session - 04/11/2023

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1 to the standards and criteria of Minn. Rules pt. 6105.0200. A conditional use permit is not required 2 for minor public streets that are streets intended to serve primarily as an access to abutting 3 properties. Public roads include township, county, and municipal roads and highways that serve or 4 are designed to serve flows of traffic between communities or other traffic generating areas. 5 6 949 Administration 7 8 (A) Organization provisions. 9 (1) The provisions of this subdivision shall be administered by the city's zoning authority. 10 (2) The Planning Commission shall act upon all questions as they arise in the administration of this 11 subdivision, to hear and decide appeals; and to review any order, requirement, decision or 12 determination made by the zoning authority, who is charged with enforcing this subdivision as 13 provided by Minnesota Statutes. 14 (3) Permit fees and inspection fees as may be established by the annual fee schedule shall be 15 collected by the zoning authority for deposit with the city and credited to the appropriate 16 general fund. 17 (B) Substandard lots and uses, nonconforming uses. 18 (1) Substandard lots. 19 a. Lots of record in the office of the county recorder on the effective day of enactment of this 20 subdivision that do not meet the dimensional requirements of this Code shall be allowed as 21 building sites; provided that such use is permitted in the land use district; the lot was in 22 separate ownership from abutting lands on the date of enactment of this Code; and all 23 sanitary and dimensional requirements are complied with to the greatest extent practicable. 24 b. If in a group of two or more contiguous lots under single ownership any individual lot does 25 not meet the lot width requirements of this Code, such individual lot cannot be considered as 26 a separate parcel of land for purposes of sale or development, but must be combined with 27 adjacent lots under the same ownership so that the combination of lots will equal one or 28 more parcels of land each meeting the lot width requirements of this Code, except that such 29 lots which meet or exceed 60 percent or more of the lot width standards of these regulations 30 may be considered as a separate parcel of land for the purpose of sale or development, if on- 31 site sewage disposal systems can be installed so as to comply with these regulations. 32 (2) Nonconforming uses. 33 a. Nonconforming uses. Uses which are prohibited by this subdivision but which are in existence 34 prior to the effective date of the ordinance from which this subdivision is derived shall be 35 nonconforming uses. Such uses shall not be intensified, enlarged, or expanded beyond the 36 permitted or delineated boundaries of the use or activity as stipulated in most current permit 37 issued prior to the adoption of the ordinance from which this subdivision is derived. 38 b. Nonconforming sanitary systems. All sanitary facilities inconsistent with the performance 39 standards of other applicable local ordinances and the minimum standards of MPCA shall be 40 brought into conformity or discontinued within five years of the date of enactment of the 41 ordinance from which this subdivision is derived or other applicable ordinances. 42 (3) Substandard uses. All uses inexistence prior to the effective date of enactment or amendment 43 of the ordinance from which this subdivision is derived which meet the allowable use criteria 44 within the newly established land use district provisions of this subdivision, but do not meet 45 the minimum lot area, setback, or other dimensional requirements of this subdivision are 46 substandard uses. All substandard uses, except for substandard signs, shall be allowed to 47 continue subject to the following conditions and exceptions: 48 a. Any structural alteration or addition to a substandard use that will increase the substandard 49 dimensions shall not be allowed. Page 144 of 147