(A) Legally conforming existing structures and uses in existence on the effective date of this chapter as denoted in § 153.004 which become nonconforming to this chapter shall be considered legally nonconforming and shall be treated as follows:
(1) A use which is no longer permitted due to a change in zoning shall be considered a legally nonconforming use subject to all conditions for such use as outlined in this chapter, and shall not be expanded, except that legally nonconforming owner-occupied residential uses may be expanded to improve livability, provided the expansion meets all other applicable conditions of the zoning district in which the residential use is located and does not increase any existing nonconforming condition on the property, including the number of residential units in a building.
(2)
A structure which becomes nonconforming to a required setback or setbacks shall be viewed as a legally nonconforming structure, subject to all conditions for such structure as outlined in this ordinance, and may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as allowed by division (H) below.
(B) With the exception of structures and uses that meet the requirements of § 153.107(A), any structure or use lawfully existing upon the effective date of this chapter as denoted in § 153.004 may not be expanded, but may be continued—including through repair, replacement, restoration, maintenance, or improvement—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 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
(3) Notwithstanding division (B)(2) above, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than 50% of its market value, as determined by the Community Development Department, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re-established in a manner that results in potential flood damage or obstructs flood flows in the floodway (see M.S. § 462.357(1)(e), as it may be amended from time to time).
(C) Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector.
(D) 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 of this chapter adoption unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.
(1) Public improvement project exception. When a condition of private property is rendered nonconforming by the action and/or project of a municipal, county, or state agency, such that as a part of said project, the agency acquires land or property rights affecting the use or conformity of any previously approved condition, the Community Development Department may conduct a site plan review of the resulting property. Where the property under review is subject to a conditional use permit or Variance, or where the property would otherwise require a variance as a result of the review, the city shall provide written notice to abutting property owners no less than ten days prior to final approval. Upon such review, the Community Development Department may issue an approval for the affected private improvements or the relocation of private improvements to another part of the subject property, or another abutting parcel under the control of the affected property owner, without requiring review as a variance, conditional use permit, or other zoning review and approval of either the Board of Adjustment and Appeals or the City Council. In such cases, the following requirements shall apply:
(a) The Community Development Department finds that no reasonable alternative exists to accommodate the continuation of the use on the property without the use of this exception clause.
(b) If private improvements are relocated to an abutting parcel, the owner shall execute and record an easement between the two parcels authorizing the use. In this case, the prohibition against an accessory use on a parcel without a principal use is specifically waived for this purpose.
(c) In cases other than those affected by the public improvement and approved under this section, the relocated private improvements, whether relocated to the same parcel or an abutting parcel, shall be constructed according to all applicable zoning regulations.
(d) The affected private improvements or relocated private improvements shall be considered conforming as of the date of the relocation or acquisition of land or property rights. Said private improvements shall be subject to nonconformity regulations as any other conforming condition if subsequent alterations to the zoning regulations affect such improvements.
(e) The Community Development Department shall cause a description of the site plan approval to be recorded against the applicable property or properties, certifying the approval of the condition in question.
(E) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
(F) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful nonconforming sign includes repair or maintenance of existing lettering done without changing the form or design of the lawful nonconforming sign.
(H) Alterations may be made to a building containing or related to a lawful nonconforming residential unit when said alteration will improve the livability thereof, provided the alteration will not increase the number of dwelling units. In the B-4 zone, alterations or expansion may be made to a building containing or related to a lawful nonconforming residential unit when said alteration or expansion will improve the livability thereof, provided the alteration or expansion will not increase the number of dwelling units and provided that such alteration or expansion shall not constitute more than 50% of estimated market value. Said value shall be determined by City or County Assessor. All adjoining property owners and the Monticello EDA shall be provided notice of plans to expand nonconforming residential structure. Expansion may occur only after completion of a 30-day notice period.
(Ord. 799, passed 2-27-2023)