04/06/2009 Council Packet - Laserfiche WebLink

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• r a Shoreland Management Overlay SURFACE WATER - ORIENTED COMMERCIAL USE. The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of that use. WATER- ORIENTED ACCESSORY, STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonable needs to be located closer to public waters than the normal structure setback. Examples of those structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. (Ord. 04 -95, passed 4 -10 -1995) § 1102.04 ADMINISTRATION. (1) Permits required. (a) Permit required. A building permit is required for the construction of buildings or building additions (including related activities such as construction of decks and signs), the installation and /or alteration of sewage treatment systems, and a grading permit for those grading and filling activities not exempted by § 1102.09 of this chapter. Application for a permit shall be made to the Zoning Administrator on forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. (b) Permit stipulation. A building permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in § 1102.11 shall be reconstructed or replaced in accordance with the provisions of this chapter. (2) Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in division (1) above of this section. This certificate will specify that the use of land conforms to the requirements of this chapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 1102.02(3) of this chapter. (3) Variances. (a) Variances may only be granted in accordance with M.S. Ch. 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. 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 Zoning Administrator must also consider whether the property owner has reasonable use of the land without the variance, whether the property is