A. Purpose: It is the purpose of this section to provide for the regulation of legal nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which legal nonconforming buildings, structures and uses will be operated and maintained. This title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction.
B. Intent: This title permits nonconformities to continue until they are removed, but does not encourage their survival. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district.
C. Nonconforming Lots Of Record Platted Prior To 2004: For the purposes of orderly development of older areas of the community platted prior to 2004, a single-family dwelling and two-family dwelling and customary accessory buildings may be erected on nonconforming lots of record at the effective date of this title, provided that the use fronts on a public right of way and provided that the frontage, depth and area measurements are at least sixty six percent (66%) the minimum requirements of the district where the use is permitted. This provision shall apply provided that the side yards and front yard setback requirements are met for the district.
Furthermore, for areas platted prior to 2004, multiple- family dwellings of three (3) or more units and customary accessory buildings may be erected on nonconforming lots of record at the effective date of this title provided that they front on a public right of way and provided that the frontage, depth and area measurements are at least ninety percent (90%) of the minimum requirements of the district where the use is permitted. This provision shall apply provided that side yard and front yard setback requirements are met for the district.
D. Provisions: If a lawful use of structures or of structures and land in combination (referred to as use) exists at the effective date of this title that would not be allowed in the district under the terms of this title, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No existing use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use to a use permitted in the district in which it is located, or as otherwise provided herein.
2. Any proposed structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this title may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this title, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use.
3. As described in Minnesota statutes 462.357, if at any time, a lawful nonconforming building, structure or use shall be destroyed to the extent of more than fifty percent (50%) of its market value, then without further action by the city council, the building and the land on which such building was located or maintained may be rebuilt to its former extent if a building permit is obtained within one hundred eighty (180) days of said destruction except that structures damaged in the floodway and flood fringe districts are subject to subsection D14 of this section, consistent with Minnesota statutes chapter 462.357. The city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. After one hundred eighty (180) days of said destruction, such building will be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty percent (50%) of its market value may be restored to its former extent, if it is reconstructed within twelve (12) months after the date of said damage. The market value determination of the extent of damage or destruction shall be made by the city in either of the above described situations.
4. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
5. On any structure devoted in whole or in part to any lawful nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the effective date of this title may not be increased. Any residential nonconforming use may be extended throughout any part of a building which was unfinished but intended for such use at the time of adoption or amendment of this title, but no such use may be extended to occupy any land outside such building.
6. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official or an improvement limited to what is necessary to comply with state or federal accessibility laws, providing the necessary repairs or improvements shall not constitute more than fifty percent (50%) of fair market value of each structure as determined by the city.
7. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided, they will not increase the number of dwelling units or size or volume or nonconformity of the building. A dwelling may not be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this title.
8. Within any district, the owner of a legally nonconforming single-family residential unit may request the board of adjustment and appeals for a permit to physically expand or enlarge a structure, including the construction or reconstruction of garages and other accessory buildings normally found in residential areas. The request shall be filed with the city on an official application form. The information requirements, notice requirements, hearing requirements, and appeal procedures shall be identical to that provided for variances in this title. Furthermore, the board of adjustment and appeals shall not grant such a permit unless it makes the findings required to grant a variance, with the exception that the prohibition of granting variances for uses or considering nonconforming uses shall not be considered for this type of a permit. If the proposed addition or new structure is in violation of any lot coverage or setback requirements of an RLD-2 district (notwithstanding the actual district in which the structure is located) a separate variance must also be obtained.
9. 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 title adoption unless such movement shall bring the nonconformance into substantially closer compliance with the requirements of this title.
10. Any lawful nonconforming use may be changed to another lawful nonconforming use provided that the city council, by making findings in the specific case, shall find that the proposed use is equally or more appropriate to the district than the existing nonconforming use. In permitting such change, the city council may require appropriate conditions and safeguards in accordance with the provisions of this title.
11. When a nonconforming use is discontinued for twelve (12) months, the original nonconforming use may not be resumed and any future use must be made to conform with the provisions of this title, unless otherwise approved by a resolution of a majority of the city council. A single-family dwelling will be deemed to be discontinued only when it is replaced with a different use or unoccupied for a period in excess of two (2) years. Provided, however, that if the owner of the dwelling establishes to the zoning administrator that he or she has been making a good faith effort to sell or lease the property for residential use, the zoning administrator may grant an additional one year extension.
12. Where a lawful nonconforming use applies to a structure and land in combination, continuing use of the land in a nonconforming manner shall not be permitted if the structure is removed or destroyed.
13. Any legal nonconforming use which is replaced or changed, in whole or in part, to a conforming use, shall thereafter, as applicable, conform to the regulations as prescribed by this title or amendments thereto. The nonconforming use, whether in whole or in part, may not thereafter be resumed.
14. Additional standards for floodway and flood fringe overlay districts:
a. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
b. If any nonconforming use or structure is substantially damaged or experiences a "repetitive loss", as defined in section 10-2-2 of this title, it shall not be reconstructed except in conformity with the provisions of chapter 17, article B of this title. The applicable provisions for establishing new uses or new structures in chapter 17, article B of this title will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
c. If a "substantial improvement" occurs, as defined in section 10-2-2 of this title, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of chapter 17, article B of this title for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
d. In floodway or flood fringe overlay districts, any structural alteration or addition to a nonconforming use or structure which would result in increasing the flood damage potential of that use or structure shall be floodproofed in accordance with the Minnesota state building code (i.e., FP-1 through FP-4 floodproofing classifications), except as further restricted by subsections D6 and D14c of this section. (Ord. 2012-1, 2-27-2012)