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04-19-21-WS
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04-19-21-WS
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10 Revised 10/03/2019 Ordinance Language Commentary 3.61 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 3.62 The visibility of structures and other facilities as viewed from public waters is limited; 3.63 There is adequate water supply and on-site sewage treatment; and 3.64 The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercrafts. 3.7 Mitigation. 3.71 In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address, when appropriate, the following conditions, when related to and proportional to the impact, to meet the purpose of this ordinance, to protect adjacent properties, and the public interest: A. Advanced storm water runoff management treatment; B. Reducing impervious surfaces; C. Increasing setbacks from the ordinary high water level; D. Restoration of wetlands; E. Limiting vegetation removal and/or riparian vegetation restoration; F. Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and G. Other conditions the zoning authority deems necessary. 3.72 In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits. 3.8 Nonconformities. 3.81 All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to Minnesota Statutes, Sections 394.36 Subd. 5 (for counties) and 462.357 Subd. 1e (for cities) and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use. 3.82 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. 3.71. This language is consistent with Minnesota Statute, sections 394.36 Subd. 5(f) (counties) and 462.357 Subd. 1e(i)(municipalities). Conditions come verbatim from statute or are a slight modification of statutory conditions and those from 6120.3900 Subp. 3A (b). Optional deletion provides stronger authority to apply conditions. The phrase “when related to and proportional to the impact” makes clear that conditions will be appropriately applied. 3.81. Variances to statutory requirements (394.36 Subd. 5 (d) or 462.357 Subd. 1e (g)) to combine contiguous nonconforming lots under common ownership are prohibited. See “Considerations in Managing Nonconforming Lots in Shoreland Areas.” 3.82. Consistent with Minnesota Statutes, sections 394.36, Subd. 4 (counties) and 462.357, Subd. 1e (municipalities).
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