2004-11-10 CC Meeting (2) - Laserfiche WebLink

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SECTION 5.0 - ZONING AND WATER SUPPL Y/SANlTARY PROVISIONS Sections 5.1 - 5.5: Sections 5.1 - 5.5 contain the setback, design, and other performance standards generic to most shoreland development. Most communities will adopt the categories of provisions in Sections 5.1- 5.5. Certain provisions can be deleted if they do not apply to a community (e.g., certain lake or river classifications not present, no unsewered areas, etc.). Further, certain provisions are optional and need not be included (e.g., Sections 5.14, c. and d.) ifa development option is not included. Please note that the provisions for "height of structures" in Section 5.23 are applicable to incorporated areas only. Section 5.6: Communities will only include provisions similar to Section 5.6 if these types ofIand uses are allowable within the community. If any ofthe use provisions in Section 5.6 are not included, then the respective land uses cannot be an allowable use in the land use district tables in Section 4.0. Section 5.7 - Conditional Uses: The sample ordinance assumes communities have established procedures in their comprehensive zoning regulations for processing, reviewing and granting conditional use applications. The provisions of Section 5.7 must be added for shoreland areas only. Section 5.8 - Water Supply and Sewage Treatment: This is the minimal acceptable language for shore land areas. Local governments may choose to adopt their own comprehensive sewage treatment code in lieu of adopting MPCA's Chapter 7080 by reference. This code would have to be as restrictive or more restrictive than Chapter 7080. Communities adopting their own comprehensive sewage treatment system code must submit this code to DNR at least 60-days in advance of submitting their shore land ordinance to DNR for approval. This 60-day period is necessary for the MPCA to review and approve the community's sewage code as meeting state standards in Chapter 7080. SECTION 6.0 - NONCONFORMITIES Communities must include Sections 6.11 and 6.12 unless they can demonstrate that they have no nonconforming, undeveloped lots of record and no nonconforming structures, respectively. A structure is a nonconforming structure if it does not meet the placement, design or height criteria of Section 5.0 of the sample ordinance. Section 6.13 is mandatory if a community has on-site sewage treatment systems. Local governments must develop and implement programs to identify and upgrade sewage treatment systems that do not meet proper design criteria. In addition to requiring reconstruction when permits or variances are issued, a local program must implement one ofthe following approaches