This section does not prohibit the City of North St. Paul from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses.
(A) Continuation of legal non-conformities. Except as otherwise provided by law, any nonconformity may be continued per the following standards including non-conforming uses (the lawful use or occupation of land or premises), non-conforming structures, and non-conforming lots (as defined in 154.003). Non-conformities may not continue through expansion (except as in division (C) "MU-3 zone expansion exception" which follows) but may be continued 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. The 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) 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; and
(b) 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.
(B) Subsequent use or occupancy. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(C) MU-3 Zone Expansion exception. A building permit may be granted to a nonconforming use in the MU-3 zone if all of the following are met:
1. The expansion of the use involves an expansion of no more than 10% of the gross floor area of the building;
2. The modification of the use consists of an expansion amounting to no more than 10% of the approved gross floor area;
3. When the expansion of the use is otherwise consistent with all other sections of this chapter;
4. And, when such expansion of the use eliminates an adverse effect or condition which is inconsistent with the MU-3 District or the approved plan for the area, and/or when such modification is determined to result in an improvement consistent with the objectives of the area and the total use of the site, and/or when such modification would lead to a more rapid implementation of the Comprehensive Plan and MU-3 District objectives while providing good aesthetics and functionality during the interim (time period between the nonconforming use and a conforming use of the property).
(D) Nuisances. In order to reasonably prevent and abate nuisances and to protect the public health, welfare, or safety, nothing in this chapter shall prevent the placing of a structure in safe conditions when said structure is declared unsafe by the building codes and standards of the city.
(Ord. 739, passed 8-18-2015)