(A) Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, and uses will be operated and maintained. The Zoning Ordinance 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. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.
(B) Provisions.
(1) Legal nonconformities may be continued, including through repair, replacement, restoration, maintenance, or improvement, but may not be extended, expanded, or changed unless to a conforming use, except as permitted by the Planning Commission subject to the right of appeal to the City Council in accordance with the provisions of § 155.442 of this chapter.
(2) There is a limitation to the continuance rights for nonconformities in National Flood Insurance Program (NFIP) floodplain areas as determined by the Zoning Administrator and City Engineer.
(3) When either the city, Wright County or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This section shall apply only to acquisitions taking place after September 1, 2007, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process.
(4) No nonconformity 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’s adoption unless the moving shall bring the non-conformance into compliance with the requirements of this chapter.
(5) When any lawful nonconformity in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(6) A lawful nonconformity may be changed to lessen the nonconformity of use. Once a nonconformity has been changed, it shall not thereafter be so altered to increase the nonconformity.
(7) Any nonconforming use that is destroyed by fire, flood, explosion, or other casualty to the extent of more than 50% of its estimated market value, as determined by the County Assessor at the time of damage, may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure covers no greater area and contains no greater cubic content than before the casualty. The city 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 the extent of more 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 impact on the adjacent property or body of water.
(8) Whenever a lawful nonconformity is discontinued for a period of one year, it shall be made to conform with the provisions of this chapter.
(9) Normal maintenance of a building or other structure containing or related to a lawful nonconformity is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(10) Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter may be completed in accordance with the approved plans provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure and use shall thereafter be a legally nonconforming structure and use.
(11) Lawful nonconforming, non-income-producing single and two-family residential units may be expanded or altered to improve nonconformance, but will not be increased, and the expansion or alteration does not change the unit occupancy capacity or parking demand.
(Ord. 110, passed 11-15-97; Am. Ord. 126, passed - - ; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0703, passed 7-10-07; Am. Ord. 0802, passed 3-11-08; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1604, passed 5-10-16) Penalty, see § 155.999
Cross-reference:
Area and width nonconformities, see § 155.025