§ 117-223. Administration.

(a)

Permits required.

(1)

A building permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by section 117-225(g)(2). Application for a permit shall be made to the building official on the forms provided. The application shall include the necessary information so that the building official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.

(2)

A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by section 117-225(g)(7)b, shall be reconstructed or replaced in accordance with the provisions of this subdivision.

(b)

Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this subdivision. This certificate will specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this subdivision and shall be punishable as provided in this subdivision.

(c)

Variances. Variances may only be granted in accordance with section 117-53 and Minn. Stats. ch. 462, as applicable. In addition to the criteria established in section 117-53, the board of adjustment must also determine whether the property is used seasonally or yearround. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. For existing developments, the application for variance must include documentation, either through existing records or an inspection report by a licensed Minnesota Pollution Control Agency septic inspector, documenting that a conforming individual sewage treatment system is present for the intended use of the property. If a variance is issued that will have the affect of allowing additional bedroom on the property, the property owner shall be required, if necessary, to upgrade the nonconforming individual sewage treatment system in conjunction with the issuance of the variance. If the variance does not have the affect of allowing additional bedrooms, the property owner shall have a maximum of two years to upgrade the nonconforming system. A failed system determined to be an imminent public health threat must be reconstructed within 45 days, regardless of the intended use permitted by the variance.

(d)

Notifications to the department of natural resources.

(1)

Copies of all notices of any public hearings to consider variances, zoning amendments, subdivisions, 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 of the subdivision/plat.

(2)

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. 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 shall also include the board of adjustment's summary of the public record/testimony and the findings of fact which supported the issuance of the variance.

(Code 1978, § 9.25.03; Ord. No. 04-32, 5-30-2005)