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)

§ 151.53 NONCONFORMING SEWAGE TREATMENT SYSTEMS.

   (A)   Sewage treatment systems not meeting the requirements of § 151.37 of this chapter 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 improper setback from the ordinary high water level.

   (B)   The governing body of the city has, by formal resolution, notified the commissioner of its program to identify nonconforming sewage treatment systems. The city will require upgrading or replacement of any unconforming system identify by this program with in a reasonable period of time which will not exceed three (3) years. 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, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's Chapter 7080 for design on-site sewage treatment systems, shall be considered nonconforming.

(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)

SUBDIVISION/PLATTING PROVISIONS

§ 151.65 LAND SUITABILITY.

   Each lot created through subdivision, including planned unit developments authorized under §§ 151.80 through 151.86 of this chapter, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision of the community.

(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)

§ 151.66 CONSISTENCY WITH OTHER CONTROLS.

   Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one (1) or more standards in official controls purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with §§ 151.31 and 151.37 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of § 151.30, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved.

(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)