A nonconforming use may continue at the size, intensity, and in the manner of operation existing upon the date it became nonconforming subject to the following and as permitted by Minnesota State Statute.
(A) Agricultural and livestock operations. All agricultural, farming, and livestock operations being conducted in compliance with the terms of this chapter shall not be deemed a nonconforming use or a violation of this chapter notwithstanding the fact that there may have been changes in the surrounding character of the area.
(B) There shall be no expansion, enlargement, intensification, replacement, structural change, alteration, or relocation of any use or any site element of any nonconforming land use except to make it conforming or as allowed by Minnesota State Statutes or this chapter;
(C) Except as otherwise provided in this chapter, a nonconforming use may be repaired, replaced, maintained, or improved, but not expanded;
(D) Regulation and expansion of nonconforming uses. The city may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. Legally established nonconforming uses may be expanded with a Conditional Use Permit as follows: nonconforming uses in residential zoning districts may be expanded with a conditional use permit.
(E) A nonconforming use may not be changed to a different nonconforming use;
(F) When any nonconforming use has been changed to a conforming use, it may not be later changed to a nonconforming use;
(G) A nonconforming use may be changed to lessen the nonconformity, but once lessened, the use may not be changed to increase the nonconformity;
(H) A nonconforming use may not be re-established if discontinued for a continuous period of 1 year from the date of discontinuance. Following the expiration of this time period, only those uses classified as permitted or conditional, if approved by the City Council, may be allowed by this chapter;
(I) Any nonconforming use that requires a license, permit, or other evidence of city approval initially issued lawfully prior to the nonconformity may be conducted in accordance with the terms of the city’s approval, provided that the use has not been abandoned for a continuous period of 1 year or more. The license, permit, or other evidence of city approval ceases at the time the nonconformity ceases to exist; and
(J) If a structure housing a nonconforming use is destroyed by fire or other peril to the extent greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged, then a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 669, passed 12-4-2017)