(A) All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to M.S. §394.36, subd. 5 and other regulations of this county for alterations and additions; repair after damage; discontinuance of use; and intensification of use.
(B) Construction on nonconforming lots of record is subject to the following criteria:
(1) Lots of record in the Office of the County Recorder on the date of July 1, 1974, that do not meet the minimum lot size and width standards specified by § 152.033 may be allowed as building sites without variance from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.
(2) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of two or more contiguous lots under the same owner, any individual lot does not meet the minimum lot size and width standards specified by § 152.033, the lot must not be considered a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the minimum lot size and width standards as much as possible.
(C) Additions/expansions to nonconforming structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback and other requirements of § 152.034. Any deviation from these requirements must be authorized by a variance.
(Ord. 97-2021, passed 7-20-21)