(A) Purpose and intent.
(1) It shall be deemed nonconforming when, within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures and uses of land which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. This chapter permits these nonconformities to continue until they are removed, modified/altered (other than repair, replacement, restoration, maintenance or improvement activities) or otherwise terminated. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district. Within any zoning district, one may request the Board of Adjustment and Appeals for a permit to physically expand or enlarge a structure, including the construction or reconstruction of garages and other accessory buildings normally found in residential areas. The request shall be filed as a variance with the city on an official application form. Furthermore, the Board of Adjustment and Appeals shall not grant such a permit unless it makes the findings required to grant a variance.
(2) Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued to prior to December 13, 2010, provided however, that the entire building shall be completed according to such plans as filed within 24 months from the date of issuance of said permit.
(B) Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building(s) may be erected on any single lot of record at the effective date of this chapter provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least 75% of the minimum requirements of this chapter. This provision shall apply provided that side yards and front yard setbacks shall conform to the regulations for the district in which such lot is located.
(C) Nonconforming uses of land.
(1) Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(2) General provisions.
(a) No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied as of December 13, 2010;
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel;
(c) If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Nonconforming structures. Where a lawful structure exists as of December 13, 2010 that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, elevation or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged, expanded or otherwise altered in a way that increases its nonconformity, non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under M.S. § 462.357, subd. 1e;
(2) Should such structure be destroyed by any means to an extent of more than 50% of its estimated market value at time of destruction, and no building permit has been applied for within 180 days of when the property was damaged, the municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body(ies);
(3) Should such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved;
(4) When a nonconforming use is discontinued or abandoned for twelve months, the nonconforming use shall not be resumed unless otherwise authorized under this chapter; and
(5) Nothing in this chapter shall be deemed to prevent the strengthening or restoration of a structure to a safe condition. Any structure or component thereof declared unsafe by any official charged with protecting the public's safety, shall be addressed by the owner in a timely manner.
(E) Nonconforming use of land/structures combined.
(1) If a lawful use of structures or structures and land in combination (hereinafter, use) exists at the effective date of this chapter that would not be allowed in the district under the terms of this chapter, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(2) General provisions.
(a) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under M.S. § 462.357, subd. 1e;
(b) A nonconforming use may be extended throughout any part of a building which was established, arranged or designed to accommodate such nonconforming use prior to the adoption of this chapter. No use shall be extended to occupy any land outside such building;
(c) Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment and Appeals, by making findings in the specific case, determine that the proposed use is equally or more appropriate within the district than the existing nonconforming use. In permitting such change, the Board of Adjustment and Appeals may impose such conditions as deemed necessary to protect the public's interest, in accordance with the provisions of this chapter;
(d) Any nonconforming use which is replaced by a permitted or conditional use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed or re-established;
(e) When a nonconforming use is discontinued or abandoned for twelve months, the nonconforming use shall not be resumed unless otherwise authorized under this chapter; and
(f) Where nonconforming use status applies to a structure and premises in combination, continuing use of the land in a nonconforming manor shall not be permitted if the structure is removed or destroyed.
(F) Applicability of variance or conditional use permits. If a conditional use permit has been granted as provided in this chapter, it shall not be deemed a nonconformity upon adoption of any future amendments or revisions, but shall continue to only operate under the authority granted within the conditional use permit. Upon expiration or termination of the conditional use permit, the property, use or structure shall be subject to all provisions within the chapter.
(G) District boundary changes. Wherever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing, therein, shall come into existence upon the change of district boundaries.
(Ord. passed - -)