FINAL ORDINANCE NO. 08-166 - Laserfiche WebLink

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2. Vegetation and topographic alterations other than routine maintenance; 3. Construction of additional buildings or storage of vehicles and other materials; and 4. Uncontrolled beaching of watercraft. iv. Development organization and functioning. All planned unit developments must use an owners association with the following features: 1. Membership must be mandatory for each dwelling unit owner and any successive owner; 2. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites; 3. Assessments must be adjustable to accommodate changing conditions; and 4. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 12. Nonconformities. a. All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1e and other regulations of this community for alterations and additions; repair after damage; discontinuance of use; and intensification of use. b. Alt additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. c. Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone; d. Setbacks of decks. 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: i. The structure existed on the date the structure setbacks were established. ii. 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. iii. 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. iv. The deck is constructed primarily of wood, and is not roofed or screened. 13. Surface Water-Oriented Uses. Uses with needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters must meet the following standards: 13