(A) Compliance with zoning code. Nonconforming uses shall not be expanded, changed, enlarged or altered in any way except as provided for in the city zoning code.
(B) Structures. The expansion or enlargement of a nonconforming structure shall meet the provisions of the city zoning code except as follows:
(1) The extension, enlargement or alteration of a nonconforming structure or sanitary facility may be permitted without a variance on the side of the structure or facility facing away from the OHWL.
(2) An improvement to a nonconforming structure or sanitary facility may be allowed to extend laterally when the improvement is in compliance with the other dimensional standards of this subchapter. In no case shall the improvement extend closer to the ordinary high water level than the existing structure.
(3) Decks may be allowed without a variance under the following circumstances:
(a) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing OHWL setback of the structure;
(b) The deck encroachment toward the OHWL does not exceed 15% of the existing shoreline setback of the structure from the OHWL or does not encroach closer than 30 feet, whichever is more restrictive, and
(c) The deck is constructed primarily of wood and is not roofed or screened.
(4) If a nonconforming structure is demolished, replacement shall comply with the dimensional standards of this subchapter.
(C) Lots. A lot of record shall be deemed a buildable lot if the following conditions can be met:
(1) It has frontage on a public street,
(2) It has public sewer or it can be demonstrated that an acceptable sewage disposal system (MPCA Chapter 7080) can be installed,
(3) The proposed structure will occupy no portion of the shore or bluff impact zones,
(4) The proposed structure can meet the required side yard setbacks of this ordinance, and
(5) The lot is a separate parcel with a separate property identification number and the parcel was compliant with the official controls in effect at the time that it was subdivided.
(D) On-site sewage treatment systems.
(1) A sewage treatment system not meeting the requirements of § 151.48(B) of this subchapter must be upgraded, at a minimum, at any time a permit or variance 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 nonconforming if the only deficiency is the sewage treatment system's setback from the ordinary high water level.
(2) The city will implement a notification or education program that is oriented toward convincing property owners to evaluate their sewage systems and voluntarily upgrade such systems if they are found to be nonconforming.
(3) Systems that are identified as part of the program described in division (D)(2) shall be upgraded or replaced within two years of the identification of their nonconforming status.
(4) Sewage systems installed according to all applicable local and state standards may be considered conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.
(Ord. 321, passed 10-17-94)