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1 substandard uses. All substandard uses, except for substandard signs, shall be allowed to <br />2 continue subject to the following conditions and exceptions: <br />3 a. Any structural alteration or addition to a substandard use that will increase the <br />4 substandard dimensions shall not be allowed. <br />5 b. Substandard signs shall be gradually eliminated over a period of time not to exceed five <br />6 years from the date of enactment of the ordinance from which this subdivision is <br />7 derived. <br />8 c. Where a setback pattern from the ordinary high water level already has been <br />9 established on both sides of a proposed building site, the setback of the proposed <br />10 structure may be allowed to conform to that pattern. This provision shall only apply to <br />11 lots that do not meet the minimum lot width requirement of section 117-256. <br />12 {-C) Variances. <br />13 {1) The -grant of a variance requires the presence of thc following conditions: <br />14 a. The strict enforcement of thc land use controls will result in unnecessary hardship <br />15 practical difficulty, <br />16 b. Grantingarianec is not contrary —to the purpe&c and intent of the zoning <br />17 provisions herein established by these standards and criteria, and is eonsist <br />18 -Minn. Rules pts. 6105.1400-6105.1590, <br />19 •c. There arc exceptional ei-rcumstanecs unique to thc subje-ct properties that were not <br />20 created by the landowner. <br />21 •d. Granting of thc variance will not allew any usc which is neither a permitted or <br />22 conditional use in thc land usc district in w44ch thc subject property is located. <br />23 •e. Granting of thc variance will not alter thc—e-s^T;tial character of thc locality as <br />24 established by Minn. Rules pts. 6105.1400-6105.159 <br />25 {2) All variances to the requirements of this subdivision must be certified in accordance with <br />26 subjection (g) of this section. <br />27 (C) Plats. <br />28 (1) Copies of all plats within the boundaries of the Scenic River Land Use District shall be <br />29 forwarded to the commissioner within ten days of final approval by the city. <br />30 (2) Inconsistent plats: Approval of a plat which is inconsistent with this subdivision is permissible <br />31 only if the detrimental impact of the inconsistency is more than overcome by other protective <br />32 characteristics of the proposal. <br />33 {3) All inconsistent platy approved by thc council must be certified in accordance with subsection <br />34 (g) of this section. <br />35 (D) Amendments. <br />36 (1) This subdivision may be amended whenever the public necessity and the general welfare <br />37 require such amendments by the procedure specified in this subdivision. Amendments to this <br />38 subdivision must be certified by the commissioner as specified in subsection (g) of this section. <br />39 (2) Requests for amendments of this subdivision shall be initiated by a petition of the owner of <br />40 the actual property; or by action of the council. <br />41 (3) An application for an amendment shall be filed with the zoning authority. <br />42 (4) Upon receipt in proper form of the application and other requested materials, the planning <br />43 commission shall conduct a public hearing in the manner prescribed in article II, division 2 of <br />44 this chapter. <br />45 {5) Following the publie hearing, the planning agency shall make a report of its recommendations <br />46 on the proposcd amendment and shall file a copy with the council within 60 days after the <br />47 4-caring for the city council's action. Certification from the eommissie-n-er must be -obtained as <br />48 specified in subsection (g) of this section before thc proposcd amendment becomes effective. <br />Page 157 of 160 <br />