A. Purpose: From time to time, amendments to this title cause uses and structures to become lawfully nonconforming. This may create uncertainties for owners and operators of lawfully nonconforming uses and structures as to their rights and obligations and complexities for the city in monitoring and enforcing this code with respect to such uses. To address these uncertainties and complexities, the city council, sitting as a board of adjustments and appeals, by majority vote, may grant nonconforming use certificates for lawfully nonconforming uses and structures, impose reasonable conditions in the nonconforming use certificates, and authorize accessory uses not currently on the property to be placed thereon in the future.
B. Application For Certificate: Either an owner may apply, or the city may initiate or require an application for a nonconforming use certificate for a use and/or a structure. The application shall include at least the following:
1. The address and legal description of the use or structure;
2. The nature of the nonconformity with specific reference to the provision of this code or other circumstance which caused the nonconformity;
3. Evidence that the use or structure existed as a legal use prior to the effective date hereof or other circumstance which caused the nonconformity;
4. Evidence that the use or structure has been continuously used and maintained in its nonconforming state from the time the nonconformity was caused to the date the application was filed;
5. If the use is a prohibited use listed in section 10-13E-7 of this title, the information required under subsection 10-13E-8B of this title; and
6. Other information as requested by the city.
C. Application And Procedure: The application for a nonconforming use certificate shall be filed with the planning division for scheduling before the planning commission and city council. The city council and the planning commission may hold a public hearing on the nonconforming use certificate if they deem it necessary or advisable. Where the planning commission or city council shall determine that a public hearing is necessary or advisable, the application, public hearing, and notice requirements for nonconforming use certificates shall be the same as for amendments set forth in section 10-3-5 of this chapter.
D. Referral To Planning Commission: Before granting any nonconforming use certificate, the request therefor shall be referred to the planning commission for review concerning whether the use is a legally nonconforming use and for its recommendation to the city council in connection with the request. If no recommendation is timely made, the council may act without the recommendation of the planning commission. The planning commission may recommend such conditions related to the nonconforming use certificate as it may deem advisable to make clear the rights and obligations of the city and the owner. The council shall approve or deny the application within the time established by Minnesota statutes section 15.99.
E. Approval Or Denial Of Certificate:
1. The planning commission may recommend to approve, approve with conditions, or deny a request for a nonconforming use certificate. The city council, sitting as the board of adjustments and appeals, by majority vote, may deny or approve a nonconforming use certificate, impose conditions therein, and authorize therein accessory uses not currently on the property to be placed thereon in the future. The planning commission, in making a recommendation, and the city council, in acting upon a request for a nonconforming use certificate, shall consider the following factors:
a. Whether under this title the use or structure is nonconforming and how it is nonconforming; and
b. Whether the use or structure was lawful prior to the change in this title, which caused it to become nonconforming.
2. If the city council finds that a use or structure is not a lawful nonconforming use, the city council shall deny the application, and the use shall be terminated immediately or altered to make it conforming, or the structure shall be altered to make it conforming. Failure to terminate or alter the use to make it conforming shall be a violation of this title.
F. Record Of Certificate: If the city council grants a nonconforming use certificate, the owner shall record the certificate with the county recorder and provide evidence of recording to the city. (Ord. 1098, 11-8-2004)