A structure or the use of a structure or premises which was lawful before the passage or amendment hereof but which is not in conformity with the provisions of this Title may be continued subject to the following conditions:
A. Discontinued Or Abandoned: If a nonconforming use or nonconforming structure is discontinued or abandoned for a period of one year, further use of the structure shall conform to this Title. The County Assessor shall notify the Zoning Administrator in writing of all instances where a nonconforming use or structure has been discontinued or abandoned for a period in excess of twelve (12) consecutive months.
B. Change In Use: The nonconforming use of a structure and land may as a conditional use be changed to another nonconforming use provided that the Planning Commission finds that the proposed nonconforming use is of the same classification or a more restrictive classification than the existing nonconforming use. In every instance where a nonconforming use is replaced by a conforming use, no nonconforming use on that site shall be resumed.
C. Increase In Nonconformity:
1. Prohibited: No such nonconforming use of a structure, nonconforming use of land, or nonconforming structure shall be expanded, enlarged, intensified, or altered in a way which increases its nonconformity.
a. Flood Damage Potential; Dimensional Area: There shall be no intensification in use of an existing nonconforming use that would result in a structural alteration to the existing structure or increase its flood damage potential. No such nonconforming use of a structure or land shall be enlarged, increased, or extended to occupy a greater dimensional area than was occupied on the effective date of adoption hereof.
b. Degree Of Nonconformity: A nonconforming structure may be enlarged or altered so long as such enlargement or alteration does not increase the existing degree of nonconformity or flood damage potential.
2. Special Flood Hazard Area: Within a special flood hazard area, any alteration or addition to a nonconforming structure that would increase its flood damage potential shall be subject to the following provisions:
a. Floodproofing: Such alteration or enlargement shall be elevated on fill or floodproofed to the regulatory flood protection elevation, in accordance with the standards of this Title.
b. Cost Of Structural Alterations Or Additions Limited:
(1) Limit Imposed: The cost of structural alterations or additions to any nonconforming structure shall not, over the life of the structure, exceed fifty percent (50%) of the market value of the structure unless the entire structure is made to conform with this Title.
(2) Calculation Of Cost: The cost of all structural alterations and/or additions constructed since the adoption of flood plain controls in the County must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor.
(3) Exceeds Limit: If the current cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the current market value of the structure then the entire structure must meet the standards of Chapter 3, Articles A and B of this Title for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
c. Increase State Of Regional Flood: There shall be no alteration or enlargement of an existing nonconforming structure in the Floodway District that would result in an increase in the stage of the regional flood.
D. Maintenance And Nonstructural Repairs: Normal maintenance and nonstructural repairs and alterations and structural alterations necessary for the safety of a structure are permissible within a special flood hazard area. Such activities, however, shall not expand or intensify the nonconforming use of a structure or land, and shall be limited to the following:
1. Normal: Normal maintenance and nonstructural repairs and alterations:
a. Residing;
b. Reshingling and/or reroofing;
c. Installation of storm windows;
d. Painting;
e. Redecorating; limited to interior painting, wallpapering, and/or installation of carpeting;
f. Replacement or conversion of heating systems; and
g. Repairs to plumbing or electrical systems.
2. Health And Safety: Repairs and alterations necessary to comply with health and safety provisions of the County sanitary or public nuisance ordinances, such as the following:
a. Installation of indoor plumbing;
b. Rewiring to comply with the electrical code; or
c. Insulating a structure.
3. Safety Of Structure: Structural alterations necessary for the safety of a structure are permissible, subject to the provisions of subsection F4e of this Section. Normal maintenance and nonstructural alterations and repairs and structural alterations necessary for the safety of the building shall not exceed fifty percent (50%) of the market value or replacement cost of said structure, whichever is less, within any given three (3) year period.
E. Damaged Over Fifty Percent Of Value: If a nonconforming structure is damaged to an extent exceeding fifty percent (50%) of its market value or replacement cost, whichever is less, any future structure or rebuilding of the structure on the site shall conform to the applicable regulations of this Title. Additionally, the reestablishment of a nonconforming use of a structure or land is disallowed when damages are in excess of the aforementioned fifty percent (50%) figure. The status of the lot upon which such structures sit, whether it be a conforming lot or a nonconforming substandard lot of record, shall have no bearing on this determination.
F. Fire, Flood, Or Other Natural Disaster: In the event of a fire, flood or other natural disaster leading to the damage or destruction of nonconforming uses and structures, the following procedures shall be initiated by the Zoning Administrator on behalf of the County:
1. Identification; Notice: The Zoning Administrator, with the assistance of the County Civil Defense Director and/or County Engineer, shall identify all nonconforming structures or uses sustaining appreciable levels of damage. Following the identification of damaged nonconforming structures, the Zoning Administrator shall inform all affected parties by mail that no repair or rebuilding activities shall be initiated until notification from the Zoning Administrator.
2. Determination Of Damage: The Zoning Administrator shall determine the percentage of damage to a nonconforming use or structure by survey and by the use of either or all of the following indices:
a. County Assessor's records;
b. Insurance adjuster's damage survey;
c. Appraisal of replacement or market value, as appropriate, by a qualified appraiser subject to final approval by the County; or
d. National Flood Insurance Program proof of loss statement, if available.
3. Repair And Maintenance Permit For Nonconforming Structures: Those nonconforming structures not damaged in excess of fifty percent (50%) of the market value or replacement cost of the structure, whichever is less, will be notified in writing that repairs can commence pending the approval and issuance of a repair and maintenance permit for nonconforming structures, as long as the structure is not expanded in any way.
4. Damage Over Fifty Percent: Nonconforming structures damaged to a level in excess of fifty percent (50%) of the structure's market value or replacement cost, whichever is less, shall be ticketed and the ticket shall state that:
a. Conformance Required: The use or structure is nonconforming and cannot be rebuilt or repaired except in conformance with provisions of this Title. The applicable provisions will be stated on the ticket.
b. Zoning Certificate: The owners of the nonconforming structure must apply for and receive approval of a zoning certificate before such rebuilding can be initiated and must commence rebuilding within ninety (90) days of the date of ticketing. The structures must be rebuilt within one year of the issuance of a zoning certificate.
c. Occupancy Permit: Occupancy of a nonconforming structure will not be permitted until an inspection by the Zoning Administrator reveals that substantial repairs as identified on the ticket have been done in a manner consistent with the provisions of this Title and an occupancy permit is issued.
d. Rebuilding Prohibited: Nonconforming structures in floodway areas damaged in excess of fifty percent (50%) of the structure's market value or replacement costs, whichever is less, cannot be rebuilt. Nor can nonconforming structures in flood fringe areas, damaged in excess of fifty percent (50%) of the structures market value or replacement cost, whichever is less, that cannot be floodproofed to County floodproofing standards and the regulatory flood protection elevation (RFPE) be rebuilt. Such structures must be removed or demolished.
e. Declared Hazard: When nonconforming structures or portions of a structure containing nonconforming uses become physically unsafe or unlawful due to lack of repairs, maintenance, or general neglect (as in the case of abandonment,) the Zoning Administrator may declare such structures health or safety hazards and, therefore, violations of the public nuisance provisions of this Code 1 by virtue of the structure's physical condition alone. Repairs shall be made as ordered by the Zoning Administrator and in the case such structures are damaged in excess of fifty percent (50%) of their market value or replacement cost, whichever is less, the process identified under subsections F4a through F4f of this Section shall be adhered to and repairs shall only be made in compliance with this Title.
f. Flood Fringe District:
(1) Damage Over Fifty Percent; Compliance Required: Nonconforming structures in the Flood Fringe District damaged in excess of fifty percent (50%) of the structure's market value or replacement cost, whichever is less, if repaired or rebuilt must comply with the floodproofing requirements of this Title.
(2) Floodproofing Requirements; Conditional Use: Such floodproofing requirements (including diking) are considered conditional uses and must, therefore, receive approval by the appropriate watershed board as well as the Clay County Planning Commission. Approval of such a conditional use in flood fringe areas is contingent upon certification by a registered professional engineer or architect that the floodproofing techniques to be employed will not result in any increase whatsoever in flood heights, and that the structure will be protected to the 100-year event. If floodproofing measures for such structures are feasible, complied with and if the aforementioned certifications are received, the structure in question may be eliminated from the County's nonconforming use category.
(3) Denial Of Conditional Use: However, if the conditional use request is denied because such certifications cannot be made, the structure in question must be removed or demolished in accordance with subsection F4d of this Section.
G. Nonconformities Within Shoreland Districts: All legally established nonconformities as of the date hereof may continue, but they will be managed according to applicable State statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:
1. Construction On Nonconforming Lots Of Record:
a. Allowed: Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 8-3G-1 of this Title may be allowed as building sites without variances 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 Title are met.
b. Variance Required: 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.
c. Combining Lots: If, in a group of two (2) or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 8-3G-1 of this Title the lot must not be considered as 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 requirements of Section 8-3G-1 of this Title as much as possible.
2. Additions/Expansions To Nonconforming Structures:
a. Outside Dimensions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Chapter 3, Article G of this Title. Any deviation from these requirements must be authorized by a variance pursuant to Section 8-5-4 of this Title.
b. Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(1) The structure existed on the date the structure setbacks were established;
(2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(3) The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and
(4) The deck is constructed primarily of wood, and is not roofed or screened.
3. Nonconforming Sewage Treatment Systems:
a. A sewage treatment system not meeting the requirements of Section 8-3G-16 of this Title must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
b. The governing body of the County has, by formal resolution, notified the commissioner of its program to identify nonconforming sewage treatment systems. The County will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed one year. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes Annotated section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above ground water than required by the Minnesota Pollution Control Agency's chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. (Amd. Ord., 5-25-1993)
Notes
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