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26 Revised 10/03/2019 Ordinance Language Commentary 7.23 Canopies or roofs are not allowed on stairways, lifts, or landings; 7.24 Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 7.25 Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and 7.26 Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, if they are consistent with the dimensional and performance standards of sub items 7.21 to 7.25 and the requirements of Minnesota Rules, Chapter 1341. 7.3 Water-oriented Accessory Structures or Facilities. Each residential lot may have one water-oriented accessory structure or facility if it complies with the following provisions: 7.31 The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. The structure or facility may include detached decks not exceeding eight feet above grade at any point or at-grade patios; 7.32 The structure or facility is not in the Bluff Impact Zone; 7.33 The setback of the structure or facility from the ordinary high water level must be at least ten feet; 7.34 The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245; 7.35 The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; 7.36 The roof may be used as an open-air deck with safety rails, but must not be enclosed with a roof or sidewalls or used as a storage area; 7.37 The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; 7.38 As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for storage of watercraft and boating-related equipment may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the shoreline; and 7.39 Water-oriented accessory structures may have the lowest floor placed lower than the elevation specified in Section 6.43 if the structure is designed to accommodate internal flooding, constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation 7.3. If a community does not allow water-oriented accessory structures or facilities (WOAS), this provision may be omitted. However, such structures and facilities must be listed in the land use tables in 4.23 and 4.24 as “N.” 7.31. Optional addition. Including “patios” as a water-oriented accessory structure (WOAS) or facility makes patios subject to the limitations of this provision. This helps to simplify administration and limit the amount of impervious surfaces within the shore impact zone. “Patios” should only be included here if they are also included in the definition of WOAS in Section 2.558. It’s acceptable to allocate the 250 SF limit between multiple structures and facilities. 7.36. Optional addition. The additional language helps to clarify structure design and keep such structures smaller and less noticeable. Rules don’t specifically prohibit roofs but they do say “must not be enclosed” A reasonable interpretation is that roofs constitute and enclosure.