§ 20-490. Nonconforming lots.

(a)

A nonconforming single lot of record located within the shoreland management district may be allowed as a building site without variances from lot size requirements, provided that:

(1)

All structure and septic system setback distance requirements can be met;

(2)

A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, can be installed or the lot is connected to a public sewer; and

(3)

The lot coverage does not exceed 25 percent.

(b)

In a group of two or more contiguous lots of record under a common ownership an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

(1)

The lot must be at least 75 percent of the dimensional standard for lot width and lot size for the shoreland classification;

(2)

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, and local government controls;

(3)

Lot coverage must not exceed 25 percent of each lot; and

(4)

Development of the lot must be consistent with the city's comprehensive plan.

(c)

A lot subject to subsection (b) not meeting the requirements of subsection (b) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

(d)

Notwithstanding subsection (b), contiguous nonconforming lots of record in the shoreland management district under a common ownership may be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minnesota Rules, Chapter 7080, or connected to a public sewer.

(e)

In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

(f)

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Ord. No. 543, § 2, 6-25-12; Ord. No. 628, §§ 21, 22, 12-11-17)