(A) Substandard Structures.
(1) All Structures in existence prior to the adoption date of this chapter which do not meet the Structure Setbacks and other dimensional standards of this chapter shall be considered substandard Structures.
(2) Any extension, enlargement or alteration of an existing substandard Structure or sanitary facility shall meet the Setback standards of this chapter.
(3) Exceptions to the Setback standards for substandard Structures may include the following.
(a) An extension, enlargement or alteration of an existing substandard Structure or sanitary facility may be permitted on the side of the Structure or facility facing away from the river and/or Bluffline.
(b) An improvement to an existing Structure or facility may be allowed to extend laterally (parallel to the river or bluff) when the improvement is in compliance with the dimensional standards of this chapter and the side yard standards of this chapter.
(c) Exterior decks attached to the Structure which do not extend any roof or foundation may be permitted to extend laterally (parallel to the river or Bluffline) at the same Setback as the substandard Structure if said deck is Visually Inconspicuous in summer months as viewed from the river, and provided the deck has no roof or building foundation.
(d) Substandard Structures which do not meet the bluffland and/or shoreland Setbacks shall not be raised in elevation or roof line, except in floodplain areas and then only to protect the Structure.
(4) If a substandard Structure needs replacing due to destruction, deterioration or obsolescence, such replacement shall comply with the dimensional standards of this chapter.
(B) Substandard lots.
(1) A lot or parcel of land for which a deed has been recorded in the office of the County Recorder on or prior to May 1, 1974, shall be deemed a Buildable lot provided it has frontage on a maintained public right-of-way, maintained by the city or other unit of government, or frontage on a private road established and of record in the office of the County Recorder prior to May 1, 1974, and it can be demonstrated that a proper and adequate sewage disposal system can be installed; a proposed Structure can meet the sideyard Setbacks of the zoning ordinance and the pre-existing Lot Area dimensions meet or exceed 60% of the requirements for a new lot in the same district.
(2) If in a group of contiguous platted lots under a single ownership, any individual vacant lot does not meet the minimum requirements of this chapter, such individual vacant lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership, so that the combination of lots will equal one or more parcels of land each meeting the full minimum requirements of this chapter.
(C) Sewage disposal.
(1) Any premises intended for human occupancy must be provided with an adequate method of sewage disposal. Public or municipal collection and treatment facilities must be used where available and where feasible. Where public or municipal facilities are not available, all on-site individual sewer disposal systems shall conform to the minimum standards as set forth in Chapter 52 and § 153.04. A septic tank/drainfield system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible on the particular lot in question and it can be demonstrated that the system being proposed as an alternate will not cause a pollution problem.
(2) No person, firm or corporation shall install, alter, repair or extend any individual sewer disposal system without first obtaining a permit therefor from the Zoning Administrator for the specific installation, alteration, repair or extension.
(D) Color of Structures. The exterior color of new or renovated Structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river.
(E) Marinas.
(1) New and/or expanded Marinas may only be allowed:
(a) Between the Boomsite Highway Wayside and the City of Stillwater; and
(b) Downstream from the northern city limits of Stillwater in urban districts.
(2) New Marinas shall meet the design standards of Natural Resources Regulations including NR 2201(f (2)).
(3) No construction or development associated with a Marina shall begin until all of the following authorizations have been obtained by the applicant.
(a) Marinas shall be a conditional use in this chapter.
(b) For uses and Structures above the Ordinary High Water Mark associated with a Marina, a public hearing shall be held by the City Council to consider a Marina as a conditional use in accordance with Department of Natural Resources Regulations including NR 2202(d (2)). The City Council may approve or deny the Marina on said standards of the Department of Natural Resources. If the City Council approves the Marina, final issuance of the local permit shall be conditioned upon granting of all state and federal permits required in Department of Natural Resources Regulations including NR 2201(f).
(F) Alterations in public waters. Changing the course, current or cross section of public waters shall require state and federal permits as specified in (g) of NR 2201 before any local permits may be issued.
(G) Transmission services. A permit from the Commissioner of Natural Resources is required pursuant to M.S. §§ 84.415 or 103G.127, as they may be amended from time to time, before transmission services may cross state-owned lands or public waters and shall be in accordance with the Natural Resources Regulations including NR 2201(h).
(H) Public roads. A permit from the Commissioner of Natural Resources is required before construction, reconstruction, removal or abandonment of any road or railroad crossing of public waters within the Riverway. Said permit shall be in accordance with the Natural Resources Regulations including NR 2201(I).
Penalty, see § 10.99