Agenda - Council Work Session - 09/26/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 920 Mississippi River Corridor Critical Area (A) Authority, intent and purpose. (1) Statutory authorization. This Mississippi River Corridor Critical Area (MRCCA) section is adopted pursuant to the authorization and policies contained in Minn. Stats., ch. 116G, Minnesota Rules, parts 6106.0010-6106.0180, and the planning and zoning enabling legislation in Minn. Stats. chs. 462 and 473. (2) Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. (8) General provisions and definitions. (1) Jurisdiction. The provisions of this section apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map. (2) Enforcement. The City of Ramsey is responsible for the administration and enforcement of this section. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this section can occur regardless of whether or not a permit is required for a regulated activity listed on section-1r-'1'',1%21 In^xpe,rinits,mi+c' elsewhere in this Chapter (3) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. (4) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections inconsistent with this section are hereby repealed to the extent of the inconsistency only. (5) Underlying zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. (C) Administration. (1) Purpose. The purpose of this section is to identify administrative provisions to ensure this section is administered consistent with its purpose. (2) Permits. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with section 920(I) and land alterations consistent with section 920(J). (3) Variances. Variances to the requirements under this section may only be granted in accordance with Minn. Stats. § 462.357 and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the City of Ramsey shall: a. Evaluate the impacts to these resources. and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with Section 220 of this chapter and b. Make written findings that the variance is consistent with the purpose of this section, as follows: 1. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA plan; 2. The variance is consistent with the character and management purpose of the MRCCA district in which it is located; Page 100 of 160