Subd. 1. Non-Conforming Building, Structures, and Uses. It is the purpose of this subsection to provide for the regulation of non-conforming buildings, structures, and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses may be operated and maintained. The zoning ordinance establishes separate districts, each of which is an appropriate area for the location of uses, which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this subsection that all non-conforming uses shall be eventually brought into conformity with this chapter.
1. Grandfather Clause. Any structure or use lawfully existing on July 20, 2002 (effective date of chapter) shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended.
2. Remedial Work. Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Official providing the necessary repairs shall not constitute more than 50% of fair market value of such structure. The County Assessor will determine said fair market value.
3. Normal Maintenance. Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations, which do not extend or intensify the non-conforming building or use. Repairs shall be considered structural if they relate to foundations, walls, rafters, joists, headers, beams, timbers, structural sheathing, structural siding, or similar items.
4. Reversal of Non-Conformity. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
5. Reduction of Non-Conformity. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered as to increase the non-conformity.
6. Restoration and Alteration.
a. Restoration. No lawful non-conforming building or structure which has been damaged by fire, explosion, rot, decay, act of God or the public enemy, to the extent of more than 50% of its value, as determined by the County Assessor, shall be restored, except in conformity with the regulations.
b. Alterations to Lawful Non-Conforming Structures. Alteration and normal maintenance to a lawful non-conforming building or structure may be made, provided:
i. The alterations do not expand the building size;
ii. The alterations do not change the building occupancy capacity or parking demand; and
iii. The alteration does not increase the number of bedrooms in any dwelling unit.
c. Decks. Lawful non-conforming single-family detached dwelling units in the R-1, R-1E, R-2, and R-5 districts may be expanded by adding a deck, provided that the deck itself meets the current zoning regulations, including all setback requirements. Structures that are lawful non-conforming due to a failure to meet the required setback from the ordinary high water level shall be subject to the conditions of subsection 1005.01.
7. Discontinuance. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of one year, following written notice from an authorized agent of the city, any future use of said structure or land shall be made to conform to the provisions of this chapter.
8. Threats to General Welfare. Non-conforming buildings, structures, and/or uses, which based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general welfare of the community, shall:
a. Be legally described as a nuisance by the City Council; and
b. Upon being identified by the City Council and upon the owner being notified in writing by the Zoning Administrator, the owner shall provide to the City Council a documented time schedule and program, which will result in the termination or correction of the non-conformity.
i. The termination/correction time schedule shall be based upon, but not be limited to, factors such as the initial investment and the degree of threat or danger being posed.
ii. The acceptability of the time schedule shall be determined by the City Council with right of appeal.
iii. In no case shall a time schedule exceed two years.
Subd. 2. Floodplain District Non-Conforming Uses. Shall follow the requirements set forth in subsection 1004.02.