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§ 152.043 DOCK PLACEMENT AND REGULATIONS.
   The following regulations shall apply in the placing of docks in or near public waters:
   (A)   All docks, piers, wharves, boat lifts, or other structures placed within public waters, shall meet a minimum setback of five feet from the area created when projecting the lot width at the shoreline into the water body, using the lot line.
   (B)   In unique circumstances where due to the curvature of the shoreline, such a projection of the lot width would result in an undue burden on the property owner, the city, or their designated representative, may designate a different setback. Such a determination shall take into consideration any agreements between the affected landowners.
   (C)   Docks must be placed so that no portion of the dock, including the “L” extensions or additions, and no accessory or ancillary structures or equipment (including mooring buoys, boat lifts, shore trackers or swimming platforms) extends across the projection of the setback from the lot line into the lake. Docks must also be placed so as not to block access from adjacent property to open water. The storage of all docks, and all watercraft or water oriented items, shall also be subject to this property setback rule.
   (D)   Notwithstanding any provision of this section to the contrary, the five foot setback for docks shall not apply to the extent necessary to allow ingress to, or egress from, a legal, non-conforming boat house or water-oriented accessory structure.
   (E)   Docks, or portions of docks, intended as accesses to public waters shall not be rented, leased or used by persons, or their guests, who do not own or rent the property on which the dock is located. Renting of multiple docks or portions of a lot shall not be allowed.
   (F)   This section shall apply to the use, maintenance and installation of any dock and accessory or ancillary structures or equipment at any time.
   (G)   Dock length and width is subject to permitting requirements and/or restrictions imposed by the Minnesota Department of Natural Resources (DNR).
(Ord. passed 3-14-2024) Penalty, see § 152.999
NON-CONFORMITIES
§ 152.055 CONTINUANCE OF ESTABLISHED NON-CONFORMITIES.
   All legally established non-conformities as of March 23, 1999, may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the standards in §§ 152.056 through 152.058 will also apply in shoreland areas.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)
§ 152.056 CONSTRUCTION ON NON-CONFORMING LOTS OF RECORD.
   (A)   Exempted lots. Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of § 152.035 may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and meets sewage treatment and setback requirements of this chapter.
   (B)   Variance required. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Zoning Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
   (C)   Contiguous lots. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 152.035, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of § 152.035 as much as possible.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022) Penalty, see § 152.999
§ 152.057 ADDITIONS/EXPANSIONS TO NON-CONFORMING STRUCTURES.
   All additions or expansions to the outside dimensions of an existing non-conforming structure must meet the setback, height, and other requirements of §§ 152.035 through 152.042. Any deviation from these requirements must be authorized by a variance pursuant to § 152.092.
(Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022) Penalty, see § 152.999
§ 152.058 NON-CONFORMING SEWAGE TREATMENT SYSTEMS.
   (A)   Upgrading. A sewage treatment system not meeting the requirements of § 152.041 must be upgraded, at a minimum, any time a permit ordinance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
   (B)   Identifying.
      (1)   The City Council has by formal resolution notified the Commissioner that it has relinquished its oversight of on-site sewage treatment systems to the county. The city will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years.
      (2)   Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the State Pollution Control Agency’s Chapter 7080, as it may be amended from time to time, for design on on-site sewage treatment systems, shall be considered non-conforming.
(Ord. passed 3-23-1999; Ord. passed 9-13-2016; Ord. passed 5-9-2017; Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 8-16-2022)
PLANNED UNIT DEVELOPMENTS (PUDs)
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