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Lino Lakes - Shoreland and Flood Plain Management 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) Nonconforming sewage treatment systems. (a) A sewage treatment system not meeting the requirements of § 1102.11 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 City of Lino Lakes has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The city City of ino akec 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 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, method, or systems with less soils treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems shall be considered nonconforming. (Ord. 04 -95, passed 4 -10 -1995) § 1102.09 SHORELAND ALTERATIONS. Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (1) Vegetation alterations. (a) Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses permitted in the underlying zoning district and the construction of roads and parking areas regulated by division (3) below of this chapter are exempt from the vegetation alteration standards that follow.