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394.36, 2013 Minnesota Statutes Page 2 of 2 practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. Subd. 5. Existing nonconforming lots in shoreland areas. (a)This subdivision applies to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width.A county shall regulate the use of nonconforming lots of record and the repair, replacement,maintenance, improvement,or expansion of nonconforming uses and structures in shoreland areas according to this subdivision. (b)A nonconforming single lot of record located within a shoreland area 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 impervious surface coverage does not exceed 25 percent of the lot. (c)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 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules,chapter 6120; (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)impervious surface coverage must not exceed 25 percent of each lot;and (4)development of the lot must be consistent with an adopted comprehensive plan. (d)A lot subject to paragraph(c)not meeting the requirements of paragraph(c)must be combined with the one or more contiguous lots so they equal one or more conforming i lots as much as possible. j (e)Notwithstanding paragraph(c),contiguous nonconforming lots of record in f shoreland areas under a common ownership must be able to 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 section 115.55 and Minnesota Rules,chapter 7080,or connected to a public sewer. (f)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,storm water runoff management,reducing impervious surfaces,increasing setback,restoration of wetlands,vegetative buffers,sewage treatment and water supply capabilities,and other conservation-designed actions. (g)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 system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. History: 1959 c 559 s 16: 1974 c 571 s 41-43;2002 c 366 s 5:2006 c 270 art I s 3-5; 2009 c 149 s 1.2;2013 c 143 art 14 s 61 Copyright Ccs 2013 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. - https://www.revisor.nm.gov/statutes/?id=394.36 5/19/2014