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2. Decks <br />Deck additions may be allowed without a variance to a <br />structure not meeting the required setback from the ordinary <br />highwater level if all of the following criteria and <br />standards are met: <br />a. the structure existed on the date the structure <br />. setbacks were established; <br />b. a thorough evaluation of the property and structure <br />reveals no reasonable location for a deck meeting or <br />exceeding the existing ordinary high water level <br />setback of the structure; <br />C. the deck encroachment toward the ordinary high water <br />level does not exceed 15 percent of the existing <br />setback of the structure from the ordinary high water <br />level or does not encroach closer than 30 feet, <br />whichever is more restrictive; and <br />d. the deck is constructed primarily of wood and is not <br />roofed or screened. <br />C. Non -Conforming Sewage Treatment Systems <br />1. A sewage treatment system not meeting the requirements of <br />Section 308.060 I of this ordinance must be upgraded, at a <br />minimum, at any time a permit or variance of any type is <br />required for any improvement on, or use of, the property. <br />For the purposes of this provision, a sewage treatment <br />system shall not be considered non -conforming if the only <br />deficiency is the sewage treatment system's improper setback <br />from the ordinary high water level. <br />2. The City Council of the City of Lake Elmo has notified the <br />DNR Commissioner of its plan to identify nonconforming <br />sewage treatment systems in shoreland areas. The City of <br />Lake Elmo will require upgrading or replacement of any <br />nonconforming system identified by this program within a <br />reasonable period of time, which will not exceed 180 days of <br />notice and order to comply by the Zoning Administrator. <br />Sewage systems installed according to tall applicable local <br />shoreland management standards adopted under Minnesota <br />Statutes, Section 103F.201, in effect at the time of <br />installation may be considered as conforming unless they are <br />determined to be failing, except that systems including <br />cesspools, leaching pits, seepage pits, or other deep <br />disposal methods, or systems with less soil treatment area <br />separation above groundwater than required by the Minnesota <br />Pollution Control Agency's Chapter 7080 for design of <br />off -site sewage treatment systems, shall be considered <br />nonconforming. <br />- 23 - <br />