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<br />904.10 - NONCONFORMITIES <br /> <br />. <br /> <br />All legally established nonconformities as of the date of this <br />Ordinance may continue, but they will be managed according to <br />applicable state statutes and other regulations of the City of <br />Elk River for the subjects of alterations and additions, repair <br />after damage, discontinuance of use, and intensification of <br />use; except that the following standards will also apply in <br />shore land areas: <br /> <br />1. Construction on nonconforminq lots of record. <br /> <br />a. Lots of record in the office of the county recorder <br />on the date of enactment of local shore 1 and controls that <br />do not meet the requirements of Section 904.08 of this <br />Ordinance may be allowed as building sites without <br />variances from lot size requirements provided the use is <br />permitted in the zoning district, the lot has been in <br />separate ownership from abutting lands at all times since <br />it became substandard, was created compliant with official <br />controls in effect at the time, and sewage treatment and <br />setback requirements of this Ordinance are met. <br /> <br />. <br /> <br />b. If setback requirements can not be met, a variance <br />shall be obtained before any use, sewage treatment system, <br />or building permit is issued for a lot. In evaluating the <br />variance, the Board of Adjustment shall consider sewage <br />treatment and water supply capabilities or constraints of <br />the lot and shall deny the variance if adequate facilities <br />cannot be provided. <br /> <br />c. If, in a group of two or more contiguous lots under <br />the same ownership, any individual lot does not meet the <br />requirement of Section 904.08(1) of this Ordinance the lot <br />shall not be considered as a separate parcel of land for <br />the purposes of sale or development. The lot shall be <br />combined with the one or more contiguous lots so they <br />equal one or more parcels of land, each meeting the <br />requirements of Section 904.08(1) of this Ordinance as <br />much as possible. <br /> <br />2. Additions/expansions to nonconforming structures <br /> <br />a. All additions or expansions to the outside <br />dimensions of an existing nonconforming structure shall <br />meet the setback, height, and other requirements of <br />Section 904.08 of this Ordinance. Any deviation from <br />these requirements shall be authorized by a variance <br />pursuant to Section 904.04(3). <br /> <br />. <br /> <br />b. Deck additions may be allowed without a variance to a <br />structure not meeting the required setback from the <br />ordinary high water level if all of the following criteria <br />and standards are met: <br /> <br />9.170 <br />