(A) All legally established non-conformities on the effective date of this subchapter may continue, but they will be managed according to the applicable state statutes, and other regulations of the city for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use.
(B) The following standards will also apply in shoreland areas:
(1) Construction on non-conforming lots of record.
(a) Lots of record in the office of the County Recorder on the effective date of local shoreland controls that do not meet the requirements of this subchapter 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 subchapter 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; and
(c) If, in a group of two, or more, contiguous lots under the same ownership, any individual lot does not meet the requirements of this subchapter, 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 this subchapter as much as possible.
(2) Additions/expansions to non-conforming structures.
(a) All additions, or expansions, to the outside dimensions of an existing, non-conforming structure must meet the setback, height, and other requirements of this subchapter. Any deviation from these requirements must be authorized by a variance, as provided for herein;
(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 15% of the existing setback of the structure from the ordinary high water level, or does not encroach closer than 30 feet, whichever is more restrictive; and
4. The deck is constructed primarily of wood, and is not roofed or screened.
(3) Non-conforming sewage treatment systems.
(a) A sewage treatment system not meeting the requirements 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 non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level; and
(b) The Council has, by formal resolution, notified the Commissioner of its program to identify non-conforming sewage treatment systems. Upon adoption of this subchapter, the Building Official will conduct a systematic on-site inspection program to identify current septic systems located within the shoreland area. Once identified, a determination will be made as to whether the septic system conforms to Minn. Rules Chapter 7080. Following the initial inspection, the Building Official will conduct yearly inspections of all septic systems to determine whether the systems conform to the rules established. The city will require upgrading, or replacement, of any non-conforming system identified by this program within a reasonable period of time, which will not exceed two years, or preferably, connection to city sewer services. If the non-conforming system is located within the city, the property owner will be required to hook up to the city sewage system. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 103F.211, 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 groundwater than required by the State Pollution Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be considered non-conforming.
(Prior Code, § 11.60)