§ 151.37 WATER SUPPLY AND SEWAGE TREATMENT WATER SUPPLY.

   (A)   Generally. Any public or private supply of water for domestic purpose must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

   (B)   Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows:

      (1)   Publicly-owned sewer systems must be used where available.

      (2)   All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, “Individual Sewage Treatment Systems Standards, Chapter 7080”, a copy of which is hereby adopted by reference and declared to be a party of this chapter.

      (3)   On-site sewage treatment systems must be set back from the ordinary high level in accordance with the ordinary high level in accordance with the setbacks contained in § 151.31 of this chapter.

      (4)   All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subsections (a) through (d) below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations.

 

Evaluation Criteria

Depth to the highest known or calculated ground water table or bedrock

Soil conditions, properties, and permeability

Slope

The existence of lowlands, local surface depressions, and rockoutcrops

 

   (5)   Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with § 151.5 of this chapter.

(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)

NONCONFORMITIES

§ 151.50 GENERALLY.

   All legally established nonconformities as of the date of this chapter 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 this subchapter will also apply in shoreland areas.

(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)

§ 151.51 CONSTRUCTION ON NONCONFORMING LOTS OF RECORD.

   (A)   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 § 151.30 of this chapter 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 sewage treatment and setback requirements of this chapter are met.

   (B)   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 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)   In a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of § 151.30 of this chapter, 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 (1) or more contiguous lots so they equal one (1) or more parcels of land, each meeting the requirements of § 151.30 of this chapter as much as possible.

(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)

§ 151.52 ADDITIONS/EXPANSIONS TO NONCONFORMING STRUCTURES.

   (A)   All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of §§ 151.30 to 151.37 of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to § 151.51.

   (B)   Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

      (1)   The structure existed on the date the structure setbacks were established;

      (2)   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

      (3)   The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty (30) feet, whichever is more restrictive; and

      (4)   The deck is constructed primarily of wood and is not roofed or screened.

(Ord. 247, passed 8-4-1992; Am. Ord. 248, passed 10-20-1992; Am. Ord. 249, passed 10-20-1992; Ord. passed 4-14-1997; Am. Ord. 274, passed 4-15-1997)