(A) Authority. This section is pursuant to M.S. § 462.357.
(1) Non-conforming uses. Except as otherwise provided by law, any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(a) The non-conformity or occupancy is discontinued for a period of more than one year; or
(b) Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, reasonable condition may be imposed upon a zoning or building permit to mitigate any newly created impact on adjacent property or water body.
(c) Any established use legally existing prior to adoption of this chapter and which is herein classified by this chapter as requiring a conditional use permit may be continued in like fashion and activity. Any change to such a use shall require a new conditional use permit be processed according to § 152.305.
(d) Any established use legally existing prior to adoption of this chapter and which is herein classified by this chapter as requiring an interim use permit may be continued in like fashion and activity. Any change to such a use or building shall require a new IUP be processed according to § 152.306.
(B) Non-conforming structures. Expansion of an existing non-conforming structure, reconstruction of a partially destroyed non-conforming structure, or other intensification of a site may be subject to M.S. § 394.36.
(1) Non-conforming principal structures may not be enlarged or altered in a way that increases their non-conformity unless in compliance with the following:
(a) Expansion or alteration of buildings found to be non-conforming only by reason of height, setback or lot area may be permitted, provided the structural non-conformity is not increased and the expansion complies with the performance standards of this chapter.
(b) Legal non-conforming single-family and two-family dwellings may be expanded or altered to improve the livability provided the non-conformity of the structure is not increased.
(2) A non-conforming structure which has deteriorated or is damaged to the extent of 50% or more of its market value (excluding land value) as determined by the City Manager may be replaced or reconstructed only in compliance with this chapter.
(3) Any non-conforming structure which is damaged to an extent of less than 50% of its value, excluding land, as determined by the City Manager may be restored to its former foundation footprint, structure height, and gross floor area if building permit is issued within six months of the date of documented damage.
(C) Non-conforming lot of record.
(1) Any lot which was legally created but became non-conforming due to changes in area or dimensional requirements because of the adoption of this chapter may be subject to the following:
(a) May be combined for tax purposes with a contiguous parcel or parcels but may not be re-subdivided into a non-conforming lot even if the division is consistent with the original lot configurations.
(b) If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots must be combined to meet the requirements of this section or the provisions of the zoning district in which the property is located, whichever is more restrictive. If sufficient contiguous property is held in one ownership to comply with the provision of the zoning district where the property is located, the zoning district provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district.
(c) A vacant lot may be used for a single-family detached dwelling (if permitted by the district regulations), if the lot area or width measurements meet at least 75% of the requirements for both the lot area and width requirements.
(d) Additions to principal or accessory buildings or structures located on non-conforming lots may be permitted provided that any such addition will meet all minimum setback requirements of the zoning district in which it is located.
(e) If the lot is non-conforming due to public action after the lot was created or has no buildable area outside the flood plain or critical area overlay setbacks, then no variance may be required for the reconstruction of a single-family dwelling on a non-conforming lot that is damaged to the extent of 50% or more of its market value (excluding land value), so long as the replacement dwelling has a footprint, building height and gross floor area size equal to that of the destroyed dwelling.
(D) Non-conforming site improvements.
(1) If non-conforming uses, structures, or buildings suffer damage to at least 50% of the value of the structure excluding land, as determined by the City Assessor, or the property owner applies for a building addition or an accessory structure amounting to 25% of the value of the principal structure, the site must be brought into conformance with the requirements of this chapter. At no time will a building or grading permit be issued if the proposed construction will increase any non- conformity on the site.
(2) Upon any change in occupancy, non-conforming paved parking areas may continue to be used without improvement if the number of parking spaces supplied remains adequate according to the regulations in this chapter, and the paved surface has not, in the city's judgment, deteriorated so as to be beyond repair. If the parking lot cannot be repaired for the new occupancy, then the parking lot surface must be replaced or otherwise brought into compliance with this chapter.
(3) A building permit may be issued for a portion of a multiple occupancy building without bringing the existing site improvements for the entire property into compliance with this chapter so long as no non-conformity is increased. If a multiple occupancy building becomes completely vacant, its site improvements must be brought into compliance with this chapter prior to any future occupancy.
(4) When expansion of existing sites occurs, the newly constructed portion of the site improvements must fully comply with all of the requirements of this chapter, unless the expansion portion of the property contains physical limitations that make full compliance unfeasible, then site plan review shall be required to determine the level of compliance required as approved by the Planning Commission and City Council.
(E) Non-conformities in the Flood Hazard Overlay.
(1) Structures in the designated floodway may be considered non-conforming uses.
(2) All reconstruction in the Flood Hazard Overlay must comply with Minn. Rules parts 6120.5000 - 6120.6200. The only acceptable method of elevating the lowest floor, including the basement (as defined for the Flood Hazard Overlay), is with the placement of earthen materials (fill). Other methods require a variance.
(3) Reconstruction commences within one year of the date of the destruction of the original building and reasonable progress must be made in completing the project for this division to be applicable. A building permit must be obtained prior to construction of the new dwelling and the new structure must be constructed in compliance with all other city codes regulations.
(Ord. 2024-1304, passed 7-29-24)