(A) Intent.
(1) As required by M.S. § 462.357, as it may be amended from time to time, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of these zoning regulations, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless the non-conformity or occupancy is discontinued for a period of more than one year, or any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City Council may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. A subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(2) Notwithstanding division (A)(1), the city may regulate the repair, replacement, maintenance, improvement, or expansion of non- conforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction of flood flows in the floodway.
(3) Non-conforming shoreland lots of record are subject to the provisions of M.S. § 462.357, as it may be amended from time to time.
(4) Lots, structures, and uses of land which were lawful when established, but which would be prohibited under the terms of this chapter, or future amendments shall be deemed legal non-conforming and regulated in accordance with this section. It is the intent of this chapter to phase out such non-conforming uses within a reasonable time period while retaining full economic value. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded, or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except in compliance with provisions of this section.
(5) A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land may only be extended or expanded, including by expansion of a building or structure, attachment or placement of additional signs or display devices to a building, or on the land outside the building, upon issuance of an expansion permit. The additional uses which would be prohibited generally in the district involved may not be allowed by an expansion permit. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun and upon which actual building construction has been diligently continued. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently continued until the completion of the building involved.
(B) Non-conformities. Any non-conformity, including the lawful use or occupation of land or premises legally existing at the time of establishment may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
(1) The non-conformity or occupancy is discontinued for a period of more than one year; or
(2) The non-conformity is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for with 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit to mitigate any newly created impact on adjacent property. The city may impose upon non- conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(C) Expansion permit, non-conforming use or structure. An expansion of a non-conforming use may not be done without first obtaining a variance or an expansion permit.
(1) A variance is required if the expansion will intrude into one or more setback areas beyond the distance of the existing structure or will exceed the height or size limitations in this section by a distance or amount greater than the existing structure. Otherwise, an expansion permit is required. For example, if the building currently has a front setback of 25 feet when 30 feet is required, and the expansion would reduce the setback to 24 feet, then a variance is required. In contrast, if only a portion of the building has a front setback of 25 feet when 30 feet is required, and the expansion brings the rest of the building to the same setback of 25 feet, then an expansion permit is required rather than a variance.
(2) An expansion permit is also required if:
(a) The proposed expansion will occupy any space within a non-conforming area that was previously not occupied both vertically and horizontally. For example, an expansion permit would be required if a second-floor area is expanded into the non-conforming setback over an existing non-conforming first-floor even though the non-conformity of the first-floor setback dimension stays the same or is reduced; or
(b) The non-conforming aspect of a use or structure is reduced but still does not comply with current ordinance standards.
(D) Procedure.
(1) Application. Application for a non-conforming use or structure expansion permit must be made to the Zoning Administrator. The application must be on forms provided by the city and must be accompanied by the following:
(a) A survey of the property which shows, at a minimum, all lot lines, existing and proposed structures, driveways, and parking areas, significant topographical features, and mature trees:
(b) Evidence of ownership or an interest in the property;
(c) The fee set by the annual fee schedule; and
(d) Such other information as may be required by the city.
(2) Public hearing. Upon receipt of a completed application, a date will be set for a public hearing before the Planning and Zoning Commission. The variance procedures shall be followed as identified in § 153.21.
(3) Decisions.
(a) An expansion permit for a non-conforming use or structure may be granted, but is not mandated, when the applicant meets the burden of proving that the proposed expansion is a reasonable use of the property, considering such things as:
1. Functional and aesthetic justifications for the expansion;
2. Adequacy of off-street parking for the expansion;
3. Absence of adverse off-site impacts such as traffic, noise, dust, odors, and parking;
4. Improvement to the appearance and stability of the property and neighborhood;
5. Will not endanger public safety;
6. Will not interfere with adopted city plans or regulations requiring additional right-of-way width; and
7. Is not an expansion of a non-conformity previously allowed through the non-conformance variance process.
(b) The City Council may impose conditions in granting an expansion permit to affect the intent of this chapter and to protect adjacent properties. The City Council must accompany its decision to approve or deny an expansion permit with a statement of its findings and must serve a copy of its decision upon the applicant.
(4) Term of expansion permit. An expansion permit granted by the city will run with the land and will be perpetual unless no building permit has been issued or substantial work performed within one year following the approval, in which case the permit will be null and void. The City Council may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by such extension. If the expansion permit is part of an approved site and building plan, extension of the time period for construction will be contingent upon similar extension of the time period for the site and building plan by the Planning and Zoning Commission. Once the project is completed as approved, the expansion permit becomes perpetual.
(5) Specific period. An expansion permit is valid only for the project for which it was granted. Construction of any project must be in substantial compliance with the building plans and specifications reviewed and approved by the Planning and Zoning Commission and City Council.
(E) Recording. A certified copy of the approved expansion permit will be filed with the Sibley County Recorder. The expansion permit must contain a full legal description of the property affected.
(F) Violations. A person who violates, fails to comply with or assists, directs, or permits the violation of the terms or conditions of an expansion permit is guilty of a misdemeanor. A violation of the expansion permit renders the permit null and void. A violation also constitutes a public nuisance that may be abated in accordance with city code.
(Ord. 366, passed 8-7-2024)