Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6106 - MISSISSIPPI RIVER CORRIDOR CRITICAL AREA
Part 6106.0080 - ADMINISTRATIVE PROVISIONS FOR ORDINANCES
Universal Citation: MN Rules 6106.0080
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Purpose.
The purpose of this part is to identify administrative provisions that must be included in local ordinances to ensure that ordinances are administered consistent with the purposes of this chapter.
Subp. 2. Variances.
A. A local government must consider
applications for variances in a manner consistent with Minnesota Statutes,
sections
394.27,
subdivision 7, and 462.357, subdivision 6. The local governments review must
consider the potential impacts of a proposed variance on primary conservation
areas, public river corridor views, and other resources identified in the local
governments plan.
B. If a local
government determines that a variance would negatively affect primary
conservation areas, public river corridor views, or other identified resources,
mitigation is required. Mitigation must be proportional to, have a relationship
to, and offset the impact on the affected resource as provided in subpart
5.
C. The local governments
findings of fact accompanying the issuance of any variance must include a
finding and evidence supporting a finding that the requested variance is
consistent with the purposes and scope of this chapter.
Subp. 3. Nonconformities.
A. The purpose of this subpart is to allow
uses and structures that came into existence legally prior to the effective
date of this part and in conformance with then-applicable requirements to
continue to exist and be put to productive use.
B. Nonconformities must be regulated by local
governments in a manner consistent with Minnesota Statutes, sections
394.36 and
462.357,
subdivision 1e.
C. Local
governments may choose to allow lateral expansion of legally nonconforming
principal structures that do not meet the setback requirements in part
6106.0120, provided that:
(1) the expansion
does not extend into the shore impact zone or bluff impact zone or further into
the required setback than the building line of the existing principal
structure. See Figure 3; and
(2)
the expanded structures scale and bulk is consistent with that of the original
structure and existing surrounding development.
D. New structures erected in conformance with
the setback averaging provisions of part 6106.0120, subpart 3, item D, are
considered to be in conformance with local ordinance requirements.
E. Site alterations that were legally made
prior to the effective date of local ordinances adopted under this chapter are
considered conforming. Site alterations include vegetation, erosion control,
storm water control measures, and other nonstructural site improvements.
Expansion of site alterations must comply with this chapter.
Subp. 4. Conditional and interim use permits.
A. In addition to
meeting the requirements of Minnesota Statutes, sections
394.301,
394.303,
462.3595,
and
462.3597, a local
government's review of conditional and interim uses must consider potential
impacts of the conditional or interim use on primary conservation areas, public
river corridor views, and other resources identified in a local government's
plan.
B. When evaluation and
assessment identify a negative impact under item A, issuance of a conditional
or interim use permit must include conditions for mitigation according to
subpart 5.
Subp. 5. Mitigation.
A. In evaluating a
request for a variance or conditional or interim use permit, if a local
government identifies a potential negative impact to primary conservation
areas, public river corridor views, or other resources identified in the local
governments plan, the variance or conditional or interim use permit must
require mitigation.
B. Mitigation
must be directly related to and must bear a rough proportionality to the impact
of the project on primary conservation areas, public river corridor views, and
other resources identified in the local governments plan.
Subp. 6. Project information.
A. An applicant must submit relevant
information to the responsible local government to evaluate how any development
that requires discretionary action or a permit under this chapter complies with
the plans and ordinances adopted under this chapter.
B. In addition to local government
requirements, project information must include the following, unless the
responsible local government determines that the information is not necessary:
(1) a detailed description of the project;
and
(2) scaled maps and plans,
dimensional renderings, maintenance agreements, and other materials that
identify and describe:
(a) primary
conservation areas;
(b) public
river corridor views;
(c) buildable
area;
(d) existing and proposed
topography and drainage patterns;
(e) proposed storm water and erosion and
sediment control practices;
(f)
existing and proposed vegetation to be removed and established;
(g) ordinary high water level, blufflines,
and all required setbacks;
(h)
existing and proposed structures;
(i) existing and proposed impervious
surfaces; and
(j) existing and
proposed subsurface sewage treatment systems.
Subp. 7. Accommodating disabilities.
Ramps or other facilities to provide persons with disabilities access to the persons' property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by chapter 1341, are allowed , subject to the following standards:
A. parts 6106.0120 to 6106.0180 must be
complied with, except as provided in item B; and
B. when parts 6106.0120 to 6106.0180 cannot
be complied with, the local government may issue an interim use permit to allow
ramps or other facilities that do not comply with those parts. Upon expiration
of the interim use permit, the ramp or other facilities must be
removed.
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