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

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1 and all sanitary and dimensional requirements are complied with to the greatest extent 2 practicable. 3 b. If in a group of two or more contiguous lots under single ownership any individual lot 4 does not meet the lot width requirements of this Code, such individual lot cannot be 5 considered as a separate parcel of land for purposes of sale or development, but must be 6 combined with adjacent lots under the same ownership so that the combination of lots 7 will equal one or more parcels of land each meeting the lot width requirements of this 8 Code, except that such lots which meet or exceed 60 percent or more of the lot width 9 standards of these regulations may be considered as a separate parcel of land for the 10 purpose of sale or development, if on -site sewage disposal systems can be installed so as 11 to comply with these regulations. 12 (2) Nonconforming uses. 13 a. Nonconforming uses. Uses which are prohibited by this subdivision but which are in 14 existence prior to the effective date of the ordinance from which this subdivision is 15 derived shall be nonconfoiniing uses. Such uses shall not be intensified, enlarged, or 16 expanded beyond the permitted or delineated boundaries of the use or activity as 17 stipulated in most current permit issued prior to the adoption of the ordinance from which 18 this subdivision is derived. 19 b. Nonconforming sanitary systems. All sanitary facilities inconsistent with the 20 performance standards of other applicable local ordinances and the minimum standards 21 of MPCA shall be brought into conformity or discontinued within five years of the date 22 of enactment of the ordinance from which this subdivision is derived or other applicable 23 ordinances. 24 (3) Substandard uses. All uses in existence prior to the effective date of enactment or amendment 25 of the ordinance from which this subdivision is derived which meet the allowable use criteria 26 within the newly established land use district provisions of this subdivision, but do not meet 27 the minimum lot area, setback, or other dimensional requirements of this subdivision are 28 substandard uses. All substandard uses, except for substandard signs, shall be allowed to 29 continue subject to the following conditions and exceptions: 30 a. Any structural alteration or addition to a substandard use that will increase the 31 substandard dimensions shall not be allowed. 32 b. Substandard signs shall be gradually eliminated over a period of time not to exceed five 33 years from the date of enactment of the ordinance from which this subdivision is derived. 34 c. Where a setback pattern from the ordinary high water level already has been established 35 on both sides of a proposed building site, the setback of the proposed structure may be 36 allowed to conform to that pattern. This provision shall only apply to lots that do not 37 meet the minimum lot width requirement of section 954. 38 (C) Plats. 39 (1) Copies of all plats within the boundaries of the Scenic River Land Use District shall be 40 forwarded to the commissioner within ten days of final approval by the city. 41 (2) Inconsistent plats: Approval of a plat which is inconsistent with this subdivision is permissible 42 only if the detrimental impact of the inconsistency is more than overcome by other protective 43 characteristics of the proposal. 44 (D) Amendments. 45 (1) This subdivision may be amended whenever the public necessity and the general welfare 46 require such amendments by the procedure specified in this subdivision. Amendments to this 47 subdivision must be certified by the commissioner as specified in subsection (g) of this section. 48 (2) Requests for amendments of this subdivision shall be initiated by a petition of the owner of the 49 actual property; or by action of the council. 50 (3) An application for an amendment shall be filed with the zoning authority. Attachment A — Ordinance #23-14 Page 139 of 141