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Municode Page 6 of 7 No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any i ` time a new use is applied for,whether through subdivision,variance,conditional use permit or building permit. � Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by ! '" the city engineer before submission to the planning commission and the council for approval.Such stormwater ' runoff may be required to be properly channeled into a natural watercourse,ponding area, storm drain or other � public facilities.Construction of facilities to manage the quantity and quality of stormwater runoff may be ' ! required.Any change in grade affecting water runoff,whether onto adjacent property or otherwise, must be in � ' compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be consistent with other applicable regulations or provisions of this Code, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. � (Code 1984, § 90.41(14):Ord. No. 132 2nd series, §2, 1-23-1995) i _._.._ _ _ _ _ ; _ _ ___ _ _ !' Sec. 78-675.-Nonconforming use. ; ' Notwithstanding any other provision of this division, any nonconforming use of land not involving a structure and any nonconforming use involving a structure with an assessor's fair market value on January 1, , 1975, of$3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth in article II,division 2, of this chapter. ; (Code 1984,§ 10.41(15); Ord. No. 132 2nd series, §2. 1-23-1995) _ Sec. 78-676.-Variances. _ _ ; � � �a� Variances may be granted to the provisions of this division in accordance with the provisions set forth in � article II,division 3, subdivision II, of this chapter. � (b) The council may grant a variance allowing a four-year installation and planting period to meet the ! ' requirements of the landscaping and planting provisions of this division to any applicant who: (1) Submits a detailed landscape plan showing sufficient planting and landscaping in each ofthe four years in order to provide at the end of the four years a natural screen that will not be less than 50 percent opaque during the summer months and not less than 25 percent opaque in winter. (2) Submits a four-year planting and landscaping plan which shall provide that in each year of the ' plan at least 25 percent of the necessary landscaping and planting (as determined by the council as of May 1, 1995) be planned and completed for each required landscaping area according to i the other provisions of this division.The council may vary this requirement in order to allow a higher percentage of the landscaping and planting in any required landscaping area and credit the applicant for the landscaping and planting which othervvise would be required in other , landscaping areas. (Code 1984, § 10.41(16);Ord. No. 132 2nd series, §2(10.41(16), 10.41(17)), 1-23-1995) _. _ . Sec. 78-677.- Regulation of structures withln the lake; adoption by reference. The city adopts by reference and makes a part of this chapter as if fully set forth in this division,chapter II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988, including sections 2.001 ' through 2.12 and subsequent amendments.The city expressly reserves the right to deny any variance to the provisions of chapter II as amended, even though the same variance was granted by the Lake Minnetonka Conservation District. (Ord. No. 132 2nd series. §2(10.41(18)). 1-23-1995) __ _ __ ___ _ ; __ __ __ ' Sec. 78-678.- Reference to other ordinances. This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka Conservation District pertaining to marina regulations;and if all or a portion of such ordinances are declared invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat � , buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was last approved by the Lake Minnetonka Conservation District,whichever is less.The city expressly reserves the ' power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the public health,safety and welfare of the citizens of the city so requires. (Ord. No. 132 2nd series, §2(10.41(19)), 9-23-1995) ; . __ ___ _ _ _ _ . Secs. 78-679-78-700. http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 3/15/2011