Subd. 1. Zoning Administrator to enforce. The Zoning Administrator shall enforce this chapter and shall perform the following duties:
A. Oversee issuance of building permits and make and maintain records thereof.
B. Oversee inspections and use of land to determine compliance with the terms of this chapter.
C. Maintain permanent and current records of this chapter, including, but not limited to all:
1. Maps;
2. Amendments;
3. Conditional uses;
4. Interim uses;
5. Variances;
6. Planned unit developments;
7. Subdivision plats;
8. Minor subdivisions;
9. Permits;
10. Appeals; and
11. Applications therefor.
D. Receive, file and forward all applications to the designated official bodies.
E. Review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.
Subd. 2. Nonconformities and preexisting lots, structures, and uses.
A. Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall eventually brought into conformity.
B. No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met unless the reduction converts a non-conforming use or structure into a conforming use or structure. No part of the yard or open space required for a given building shall be included as part of the yard or open space required for another building.
C. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1.
EXPAND OR EXPANSION. Any increase in a dimension, size, area, volume or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or such other factors deemed relevant by the city.
2.
IMPROVEMENT. Making the nonconforming use better, more efficient, or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a nonconforming use does not constitute an improvement for that reason alone.
3.
NONCONFORMING LAND USE. An activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.
4.
NONCONFORMING STRUCTURE. A structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.
5.
REPLACEMENT, RECONSTRUCTION OR RESTORATION. The repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity or to allow for ingress/egress as required by the Building Code.
D. General principles.
1. A nonconforming use or structure may be used and continued by means of repair, replacement, restoration, maintenance or improvement that does not constitute an expansion.
2. A nonconforming land use or nonconforming structure may not be expanded except for the purpose of making it a permitted use or structure; or, as otherwise may be permitted by the provisions of this section.
3. A nonconforming use land use may be extended throughout the building or structure, provided no structural alterations or changes are made therein. If a structural alteration or change is required by law, is needed to promote safety, or is otherwise necessary to secure or ensure the continued advantageous use of the building during its natural life, such structural alteration is permitted.
4. A nonconforming land use may not be resumed if the use has been discontinued for a period of 12 consecutive months; or if the use requires the existence of a nonconforming structure that has been removed and not replaced for a period of 12 consecutive months.
5. Removal or destruction of a nonconforming structure to the extent of more than 50% of its estimated market value at the time of its removal or damage by fire or other peril terminates the right to replace or repair such nonconforming structure, unless a building permit application to do so is submitted to the city for approval within 180 days of the date of the removal or damage.
6. An expansion may be made to a structure used as a residence that constitutes a nonconforming land use when such expansion improves the livability and safety of the structure, and does not increase the number of dwelling units contained within the structure. Construction and alteration of a garage or accessory building is also permitted if the construction or alteration otherwise complies with the building standards applicable to the underlying zoning district, and the use of the building is consistent with the nonconforming land use in question.
7. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any right which may arise under the provisions of this section terminate.
8. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered, and use of any land shall be in compliance with the regulations established herein for the district in which the buildings or lands are located.
E. Pre-existing lots of record. A single-family detached dwelling may be erected on any lot, irrespective of its area or width, of record prior to the effective date of ordinance from which this chapter is derived, provided that:
1. Such residential construction was permitted on that lot under city zoning and land use ordinances which predated this chapter; and
2. Such construction complies with the applicable yard size open space, and other requirements of such previous ordinances.
Subd. 3. Fees and expenses. Costs, charges, fees or other eligible expenses incurred under the administration of this chapter shall be paid in full as a condition of approval thereof.
Subd. 4. Permits.
A. Application.
1. Except as hereinafter provided, no person shall construct, erect, alter, wreck, or move any building or structure or part thereof within the corporate city limits without first securing a building permit from the city. The application for a permit shall apply as set forth in the State Building Code.
2. The application for a building permit shall be made on forms to be furnished by the city. Each application for a permit to construct or alter a building shall be accompanied by a plan, drawn to scale, showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other ordinance of the city.
B. Issuance. The Zoning Administrator shall issue the building permit only after determining that the building plans together with the application comply with the terms of this chapter. A building permit shall be valid for 180 days after the date of issuance, and shall expire if the construction is not commenced within that period.
Subd. 5. Decisions on case-by-case basis. All requests for variances, conditional use permits, and interim use permits shall be decided solely on the individual situation. No action on any such matter shall be used or cited in consideration of another such application or case, nor shall such action be considered as setting precedent or changing the terms of this chapter.
(Ord. 699, passed 1-18-22)