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DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 5 of 6 A nonconforming single lot of record may be allowed as a building site without variances from lot size requirements, provided that: a• All setback requirements can be met; b 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 C. The impervious surface coverage does not exceed 25 percent of the lot. (2) 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: a• 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; b• 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; and C. Impervious surface coverage must not exceed 25 percent of each lot; and d• Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either sections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter. Where a hardcover restriction applied by this chapter prohibits the placement, location or construction of hardcover, the impervious surface coverage allowed by sections 78-72(c)(1) and (2) shall be placed, located or constructed in zones that do not prohibit hardcover. Such allowance shall be made so that the total amount of hardcover that may be placed, located or constructed in areas where hardcover is not prohibited shall not exceed 25 percent of the entire lot. (4) A lot subject to section 78-72(c)(2) not meeting the requirements of section 78-72(c) (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding section 78-72(c)(2), contiguous nonconforming lots of record in 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 Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, storm water runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) 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. (Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004;Ord. No. 92 3rd series, § 1, 3-26-2012) Sec. 78-73. - Separation limited. � The separation by the transfer or sale of nonconforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or http://library.municode.com/HTML/I 3094/level4/TITV ILAUS_CH78ZORE_ARTIIADE... 11/1/2012