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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />b. Substandard signs shall be gradually eliminated over a period of time not to exceed five years <br />from the date of enactment of the ordinance from which this subdivision is derived. <br />c. Where a setback pattern from the ordinary high water level already has been established on <br />both sides of a proposed building site, the setback of the proposed structure may be allowed <br />to conform to that pattern. This provision shall only apply to lots that do not meet the <br />minimum lot width requirement of section 117-256. <br />(C) Variances. <br />(1) The grant of a variance requires the presence of the following conditions: <br />a. The strict enforcement of the land use controls will result in YRReGessary h:irdchir, practical <br />difficulty. <br />b. Granting of the variance is not contrary to the purpose and intent of the zoning provisions <br />herein established by these standards and criteria, and is consistent with Minn. Rules pts. <br />6105.1400— 6105.1500. <br />VI <br />h� ho 1ande w ner. <br />igthe land use dostFoet an whichtheihiec+ mr-pnorty is leesated. <br />nnihr IRS iloc r.+c 61n5 1 nnn-61 n5 1 inn <br />�ee <br />(D) Plats. <br />(1) Copies of all plats within the boundaries of the Scenic River Land Use District shall be forwarded <br />to the commissioner within ten days of final approval by the city. <br />(2) Inconsistent plats: Approval of a plat which is inconsistent with this subdivision is permissible <br />only if the detrimental impact of the inconsistency is more than overcome by other protective <br />characteristics of the proposal. <br />1a)%01 r►f +hic coi^+ier► <br />(E) Amendments. <br />(1) This subdivision may be amended whenever the public necessity and the general welfare <br />require such amendments by the procedure specified in this subdivision. Amendments to this <br />subdivision must be certified by the commissioner as specified in subsection (g) of this section. <br />(2) Requests for amendments of this subdivision shall be initiated by a petition of the owner of the <br />actual property; or by action of the council. <br />(3) An application for an amendment shall be filed with the zoning authority. <br />(4) Upon receipt in proper form of the application and other requested materials, the planning <br />commission shall conduct a public hearing in the manner prescribed in article II, division 2 of <br />this chapter. <br />(5) Following the public hearing, the planning agency shall make a report of its recommendations <br />on the proposed amendment and shall file a copy with the council within 60 days after the <br />hearing for the city council's action. -Certification from the commissioner must be obtained as <br />specified in subsection (g) of this section before the proposed amendment becomes effective. <br />(6) To defray the administrative costs of processing requests for an amendment to this subdivision, <br />a fee not exceeding administrative costs shall be paid by the petitioners. Such fee shall be <br />determined by the council. <br />(F) Conditional use permit review. <br />(1) A copy of all notices of any public hearing, or where a public hearing is not required, a copy of <br />the application to consider issuance of a conditional use permit shall be sent so as to be <br />Page 145 of 147 <br />