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Sec. 58-47. - Building permit applications. <br />(a) New residence. No building permit shall be issued for any new building that will be connected to an <br />ISTS until a site evaluation and design is approved by the on-site systems manager. The site <br />evaluation must include the identification of both primary and alternate drainfield sites suitable for a <br />minimum of a five -bedroom residence. If the building will be connected to an existing system, a site <br />evaluation and design must be approved by the city, including the existing system specifications and <br />a future site meeting the provisions of this article. A new residence must be connected to an ISTS <br />meeting the definition of a code system. <br />(b) Required upgrade or replacement. A sewage treatment system not meeting the requirements of <br />Minnesota Rules Chapter 7080, as amended, or the requirements of this article, whichever is more <br />restrictive, must be upgraded, at a minimum, at any time a building permit is required for any <br />improvements on, or use of, the property, subject to the following: <br />(1) Any such system for which the city has previously issued orders requiring upgrade or replacement <br />of the system by December 31, 2007, shall not be subject to this requirement until January 1, <br />2008. <br />(2) Any such system for which the city has previously issued orders requiring upgrade or replacement <br />of the system by December 31, 2010, shall not be subject to this requirement until January 1, <br />2011. <br />(3) Regardless whether previous upgrade or replacement orders have been issued, this upgrade or <br />replacement requirement shall not apply when said building permit is for regular maintenance or <br />upkeep including but not limited to replacement of mechanical equipment such as air conditioning, <br />furnaces, water heaters, or water softeners, or for re -roofing, re -siding or window replacement. <br />(c) Construction of additional bedrooms or construction including water -using appliances that will increase <br />the sewage flow into an ISTS. A building permit shall not be issued until the city confirms that the <br />existing ISTS is compliant and of adequate size to treat the sewage flow from the building and that a <br />future drainfield site is designed and preserved. If the existing ISTS must be repaired or replaced, an <br />ISTS design for both the existing ISTS and a future drainfield site must be approved before issuing a <br />building permit. If expansion or replacement of the ISTS is required, the ISTS must be installed and <br />inspected before a certificate of occupancy shall be issued for the construction. Failure to identify <br />satisfactory drainfield sites for the proposed sewage flow for use now as well as a future site shall <br />result in the denial of the building permit application. <br />(d) Expansion of an existing building, including decks and patios; construction of an accessory building, <br />driveway or land alteration. A future drainfield site must be designed and preserved prior to the <br />issuance of a building permit for any expansion of an existing building, construction to an accessory <br />building or driveway or land alteration on a property using an ISTS. A building permit will not be issued <br />when the proposed work would preclude the use of the only future drainfield site approved by the city. <br />(Code 1984, § 12.30(4)(F); Ord. No. 100 2nd series, § 4, 2-10-1992; Ord. No. 147 2nd series, § <br />8, 5-13-1996; Ord. No. 199 2nd series, § 1(12.30(4)(F)), 5-8-2000; Ord. No. 38 3rd series, § 1, 9- <br />24-2007) <br />Sec. 58-73. -Variances. <br />The on-site systems manager may grant variances to the provisions of this article due to unnecessary <br />or unintended hardship to the owner that are not contrary to the intent and purpose of this article or other <br />applicable law. Variance applications shall be reviewed by the on-site systems manager upon written <br />request of the owner or the owner's agent. <br />(1) Variance applications must include complete soil testing and ISTS design in accordance with this <br />article, including the identification of any site limitations leading to the variance request. <br />Page 1 <br />