(A) Any structure or use lawfully existing upon the effective date of this chapter or an amendment thereto, may be continued at the size and in a manner of operation existing upon the effective date of the city zoning regulation, except as hereinafter provided.
(B) Building permits legally issued not more than 120 days prior to the effective date of this chapter to construct a building or structure, the use of which will be nonconforming, shall be void unless the construction is started and substantially under contract within 120 days after the effective date of this chapter.
(C) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Inspector.
(D) When any nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(E) (1) Whenever a nonconforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or other peril, it may be reconstructed to the same size and intensity of use, unless the damage to the building or structure is 50% or more of its market value and no building permit has been applied for within 180 days of when the property was damaged in which case the reconstruction shall be for a use in accordance with the provisions of this chapter.
(2) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAMAGE. The present cost to repair, reconstruct, or replace the building or structure.
MARKET VALUE. The Dakota County Assessor’s Office’s estimated market value of the building or structure for the year in which the building was damaged.
(F) Whenever a nonconforming use of a building or structure is discontinued for a period of more than twelve months, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.
(G) Normal maintenance of a building or other structure containing or related to a nonconforming use is permitted including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(H) A nonconforming use of a structure, building or parcel of land may be changed to a similar use or to a more restrictive nonconforming use. Once a structure, building or parcel of land has been placed in a more restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
(I) Alterations may be made to a building containing nonconforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside perimeter of the building.
(‘81 Code, § A1-6) (Ord. 291, passed 4-21-83; Am. Ord. 772, passed 4-14-05)