Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 a. Grading and filling of the natural topography that is not accessory to a permitted or 2 conditional use shall not be permitted in the Scenic River Land Use District. 3 b. Grading and filling of the natural topography that is accessory to a permitted or 4 conditional use shall not be conducted without a grading and filling permit from the 5 zoning authority. A grading and filling permit may be issued only if the conditions of the 6 following subsections (B)(1)c and d of this section are properly satisfied. 7 c. Grading and filling of the natural topography which is accessory to a peiniitted or 8 conditional use shall be performed in a manner which minimizes earthmoving, erosion, 9 tree clearing, and the destruction of natural amenities. 10 d. Grading and filling in of the natural topography shall also meet the following standards: 11 1. The smallest amount of bare ground is exposed for as short a time as feasible. 12 2. Temporary ground cover such as mulch is used and permanent ground cover such 13 as sod, is planted. 14 3. Methods to prevent erosion and to trap sediment are employed. 15 4. Fill is stabilized to accepted engineering standards. 16 (2) Excavation of material from, or filling in a wild, scenic or recreational river, or construction of 17 any permanent structures of navigational obstructions therein is prohibited unless authorized 18 by a peiniit from the commissioner of DNR pursuant to Minn. Stats. § 103G.245. 19 (3) Drainage or filling in of wetlands is not allowed within the Scenic River Land Use District 20 designated by this subdivision. 21 (C) Utility transmission lines. All utility transmission crossings of land within the Scenic River Land Use 22 District designated by this subdivision shall require a conditional use permit. The construction of 23 such transmission services shall be subject to the standards and criteria of Minn. Rules pt. 6105.0170. 24 No conditional use permit shall be required for high voltage transmission lines under control of the 25 environmental quality council pursuant to Minn. Stats. § 216E.10. 26 (D) Public roads. In addition to such permits as may be required by Minn. Stats. § 103G.245, a 27 conditional use permit shall be required for any construction or reconstruction of new public roads 28 within the Scenic River Land Use District of this subdivision. Such construction or reconstruction 29 shall be subject to the standards and criteria of Minn. Rules pt. 6105.0200. A conditional use permit 30 is not required for minor public streets that are streets intended to serve primarily as an access to 31 abutting properties. Public roads include township, county, and municipal roads and highways that 32 serve or are designed to serve flows of traffic between communities or other traffic generating areas. 33 34 959 Administration 35 (A) Organization provisions. 36 (1) The provisions of this subdivision shall be administered by the city's zoning authority. 37 (2) The Planning Commission shall act upon all questions as they arise in the administration of 38 this subdivision, to hear and decide appeals; and to review any order, requirement, decision or 39 determination made by the zoning authority, who is charged with enforcing this subdivision as 40 provided by Minnesota Statutes. 41 (3) Permit fees and inspection fees as may be established by the annual fee schedule shall be 42 collected by the zoning authority for deposit with the city and credited to the appropriate 43 general fund. 44 (4) Conditional Use Permits and Planned Unit Developments require a 30-day notice prior to the 45 public hearing to the Department of Natural Resources. 46 (B) Substandard lots and uses, nonconforming uses. 47 (1) Substandard lots. 48 a. Lots of record in the office of the county recorder on the effective day of enactment of 49 this subdivision that do not meet the dimensional requirements of this Code shall be 50 allowed as building sites; provided that such use is peiuiitted in the land use district; the 51 lot was in separate ownership from abutting lands on the date of enactment of this Code; Attachment A — Ordinance #23-14 Page 138 of 141