2005-05-03 P & Z Agenda - Laserfiche WebLink

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DRAFT Revised July 23, 1998 6.2 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 Section 5.0 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to Section 3.3. 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 foIlowing 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 percent 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. 6.3 Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance 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 of Centerville has by formal resolution notified the commissioner of its program to identify nonconfomling sewage treatment systems. The City of CenterviIle will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485 [now 103F.201-.221] in effect at the time of instaIlation 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 Minnesota PoIlution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shaIl be considered nonconforming. SMO-260.081 -31- 260-081-10