A. Conditional Uses/Interim Uses/Uses By Administrative Permit: Any legal nonconforming structure or use that is herein classified as a conditional use, interim use, or use by administrative permit may be continued in like fashion and activity and shall automatically be considered as having received the applicable approval. Any change to such a use, including, but not limited to, building and/or site alteration, shall however require a new permit be processed according to this title.
B. Moving Nonconforming Buildings: Subject to section 11-17-25 of this title, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time it became a legal nonconformity, unless such movement will reduce the nonconformity.
C. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming.
D. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless:
1. The nonconformity or occupancy is discontinued for a period of more than one year; or
2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city of Lakeville may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
E. The city may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.
F. Definitions: For the purposes of this section, the following terms shall be defined as follows:
EXPANSION, ENLARGEMENT, OR INTENSIFICATION: | Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. |
IMPROVEMENT: | Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. |
REPLACEMENT, RECONSTRUCTION OR RESTORATION: | Construction that exactly matches preexisting conditions. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 18-21, 5-17-2010; Ord. 1065, 4-4-2022) |