2005-05-03 P & Z Agenda - Laserfiche WebLink

Home Browse Search

replaced in accordance with the provisions of this ordinance. 3.2 Certificate of Zoning Compliance The (designated official) shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.1 ofthis ordinance. This certificate will specifY that the use ofland conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation ofthis ordinance and shall be punishable as provided in Section 2.3 of this ordinance. 3.3 Variances 3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394 (for counties) or 462 (for municipalities), as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 3.32 The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the board of adjustment's summary ofthe public record/testimony and the findings off acts and conclusions which supported the issuance ofthe variance. 3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use ofthe property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. 3.4 Notifications to the Department of Natural Resources 3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies ofthe subdivision/plat. 3.42 A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.