Any separate lot or parcel that was legally created and is of record with the Washington County Recorder’s office but became nonconforming as a result of the adoption of this chapter may be used for the legal use for which it is zoned subject to the following:
(A) The lot or parcel shall have frontage on an improved public road or on a private road approved by the City Council. The City Council must, by resolution, specify the private road, indicate the private road is capable of supporting emergency vehicles, and specify that provisions exist for ongoing maintenance of the private road;
(B) A vacant lot or parcel served by public sewer may be used for a permitted use by the provision of the zoning district, provided that all setback and lot coverage requirements can be met;
(C) A vacant lot or parcel not served by public sewer can be used for a permitted use, provided it has at least 1 acre of buildable area and it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve the use and meet required setbacks and lot coverage;
(D) If in the case of 2 or more contiguous lots or parcels of land under single ownership (not located in the Shoreland Overlay Zone) any individual lot or parcel does not meet the minimum requirements of this chapter, the individual lot or parcel shall not he considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots so that the combination of lots will equal 1 or more parcels of land meeting the full requirements of this section or the provisions of the zoning district in which the property is located, whichever is more restrictive. 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;
(E) Two or more contiguous lots or parcels of land under single ownership located in the Shoreland Overlay Zone may be considered a separate parcel for purposes of sale or development as long as it meets the following requirements:
(1) The lot of record is 66% of the state shoreland dimensional width and size standards in Minnesota Rules Ch. 6120;
(2) The lot of record is connected to a public sewer, if available, or otherwise suitable to have a Type 1 sewer treatment system installed that meets the requirements of Minnesota Rules Ch. 7080 and other local controls;
(3) The lot of record does not exceed 25% impervious surface by area;
(4) Development of the lot would be consistent with an adopted local comprehensive plan.
(F) A conforming lot shall not be reduced in size so that it becomes nonconforming in any respect under the premises of this chapter. A nonconforming lot shall not be reduced in size;
(G) Additions to principal or accessory buildings or structures located on nonconforming lots may be permitted without a variance, provided that any such addition meets all minimum setback and lot coverage requirements of the zoning district in which it is located and that long term sewage disposal needs can be met;
(H) Nonconforming lots may be combined for tax purposes with a contiguous lot or lots, but may not be re-subdivided into a nonconforming lot even if the division is consistent with the original lot configuration;
(I) A structure destroyed or damaged by any means may be reconstructed on a nonconforming lot within 1 year of the date of the destruction of the original structure, and reasonable progress shall be made in completing the project for this section to be applicable. A building permit must be obtained prior to construction of a new structure, and it shall be constructed in compliance with all other applicable codes and regulations.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010)