All legally established nonconformities as of the date of this chapter may continue, but they will be managed according to applicable portions of § 154.033, Nonconforming Uses, other applicable state statues and other regulations of the city for the subjects of alternations and additions, repairs after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas:
(A) Construction on nonconforming lots of record.
(1) Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of this chapter may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.
(2) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustments shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of 2 or more contiguous lots under the same ownership the city shall follow M.S. § 462.357, Subd. 1e as amended to determine whether an individual lot may be considered as a separate parcel of land.
(B) Reconstruction and additions on conforming and nonconforming lots of record.
(1) Any structure which is non-conforming due to its use (e.g. commercial in a residential zoning district), which is damaged by any cause to the extent of more than 50% of its market value, as determined by current records of the County Assessor, shall not be restored except in conformance with this section. Normal maintenance is permitted and may include necessary nonstructural repairs and incidental alterations which do not enlarge the non-conforming structure or intensity of the non-conforming use.
(2) Any structure which has a conforming use, which is damaged to any extent and by any cause, may be reconstructed on a lot of record, in the office of the county recorder on the date of enactment of this subchapter, which does not meet the requirements of §§ 154.288, 154.289, and 154.291, without variances from lot size requirements, setback requirements and surface coverage requirements provided:
(a) The use is permitted in the zoning district;
(b) The lot has been in separate ownership from abutting lands at all times since it became substandard;
(c) The building was compliant with official controls in effect at the time;
(d) The non-conformity (e.g. setbacks, surface coverage) is not increased; and
(e) Sewage treatment requirements of this chapter are met.
(3) Additions to structures with conforming uses which exist on any lot of record, in the office of the county recorder on the date of enactment of this subchapter, which does not meet the requirements of this chapter, may occur provided:
(a) The use is permitted in the zoning district;
(b) The lot has been in separate ownership from abutting lands at all times since it became substandard;
(c) The building was compliant with official controls in effect at the time;
(d) The addition meets the setbacks outlined in the underlying zoning district or the existing setback, whichever is greater, and the maximum surface coverage does not exceed 35%.
(Ord. 2013-05, passed 5-20-2013)