(A) Existing uses. The lawful use of any land or building existing at the time of the adoption of this zoning chapter on November 14, 1994 may be continued, at the size and in the manner of operation existing on that date, even if the use does not conform to the regulations of this chapter, and if the use has not at any time been discontinued and continues to exist on the date of the adoption of this chapter. The use, however, shall be subject to the provisions following in this subchapter.
(B) Non-conforming use not made conforming. The use of any land or buildings that did not conform to the provisions of the prior city zoning ordinance adopted December 29, 1955, or amendments thereto, do not become conforming uses under this chapter unless specifically provided in this chapter. This chapter does not make permitted uses out of any uses that were not permitted under the prior city zoning ordinance unless specifically permitted by this chapter.
(C) Restrictions on changes.
(1) Repair or maintenance. A non-conforming building or structure may be repaired or maintained, subject to the limitations of this chapter.
(2) Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made to bring the building or structure into conformity with the regulations of this chapter.
(3) Restoration. A non-conforming building or structure which is damaged by fire or other cause to an extent of more than 50% of its market value shall not be restored except in conformity with the regulations of this chapter. However, if a building permit has been applied for within 180 days of when the building or structure is damaged, then the building or structure may be restored to its pre-damage non-conforming status subject to the applicability of the Minnesota State Building Code and other requirements of the Osseo Code of Ordinances.
(4) Maintenance. Normal maintenance of a non-conforming building or structure is permitted; including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(5) Enlargement or alteration. No non-conforming structure or use shall be enlarged, increased, or extended to occupy a greater area than was occupied when the use became non-conforming, except in the following case: a non-conforming use may be extended throughout any parts of a building which were arranged or designed for that use when the use became non-conforming, but no such use shall be extended to occupy land outside the building.
(6) Relocation. No non-conforming use or structure shall be moved in whole or in part to any other part of the parcel of land upon which the same was conducted at the time of passage of this chapter, nor shall that use or structure be moved in whole or in part to any other lot, except to bring it into conformance with the regulations of this chapter.
(7) Discontinuance or abandonment. A non-conforming use or structure that has been discontinued or abandoned for more than one year shall not be re-established, and any future use shall be in conformity with the regulations of this chapter.
(8) Status change. A non-conforming use of a building or land may be changed to a similar non-conforming use or a more restrictive non-conforming use. Once a structure or parcel of land has been changed to a more restrictive non-conforming use, it shall not return to a less restrictive use.
(a) When a non-conforming structure or use of land has been changed to a conforming use, it shall not thereafter be changed back to a non-conforming use.
(b) When a non-conforming use or structure meets the requirements for, and is granted, a conditional use permit as an allowed conditional use in that district, the use or structure is thereafter deemed a conforming use.
(1997 Code, § 25.07) (Ord. passed 11-14-1994; Am. Ord. 2006-3, passed 5-8-2006) Penalty, see § 10.99