(A) Discontinuance.
(1) In the event that a nonconforming use of any building or premises is discontinued or its normal operation is stopped for a period of one year, the use of same shall thereafter conform to the regulations of the district in which it is located.
(2) In the event that the use of a nonconforming advertising or business sign is discontinued or the business being advertised is discontinued for a period of six months, the sign shall be removed by the owner or lessor at the request of the County Board.
(B) Alteration. The lawful use of a building existing at the time of the adoption of this ordinance may be continued, although such use does not conform to the provisions thereof. If a structure is altered to become a conforming use, it cannot thereafter be changed to a less restricted use.
(C) Residential alterations. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units, provided, however, that they do not increase the number of dwelling units in the building or the physical dimensions of the building.
(D) Restoration. No building which has been damaged by fire, explosion, natural disaster, as designated by the County Board, to the extent of more than 50% of its replacement value, as determined by the County Assessor, and no building permit has been applied for within one year of when the property was damaged, shall be restored except in conformity with the regulations of this ordinance. This provision shall not apply to buildings exempted by state law.
(E) Design and setback standards. The following design standards shall apply in addition to the requirements of the underlying districts.
(1) Setbacks for new buildings and the like. The minimum setbacks for new buildings, new parking areas or other new structures constructed for the first time after August 1, 2009 from the right-of-way of State Highway 14 shall be 75 feet.
(2) Setbacks for pre-existing buildings and the like. Notwithstanding any language to the contrary in this ordinance, the minimum setbacks for buildings, parking areas or other structures existing on August 1, 2009 from the right-of-way of Highway 14 shall be the setback then in existence and all such buildings and the like or reconstruction or replacement of same shall be deemed to be conforming under this ordinance as to such required setbacks.
(3) Site lighting. All lighting shall be down-lit style to reduce overhead glare.
(F) Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary, non-structural repairs and incidental alterations, which do not extend or intensify the nonconforming building or use. Nothing in this ordinance shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the County Zoning Administrator.
(G) Building permits previously issued. Any structure which will, under this ordinance, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this ordinance, may be completed in accordance with the approved plans, provided construction is started within 120 days and continues to completion within two years. Such structure and use shall thereafter be a legal nonconforming structure and use.
(H) Construction of a second dwelling. The construction of a second residence on a site may be allowed in order to allow the owner or owners a place to reside while a new single-family dwelling is constructed. The original residence must be removed within 180 days of partial or complete occupancy, as defined in § 8.03, of the new dwelling. A zoning permit to construct a new residence on the site where there is an existing residence will not be issued until the property owners execute a covenant agreement approved by the Waseca County Attorney to remove the existing dwelling upon completion of the new residence.
(Ord. 97, passed 7-21-2009; Ord. 148, passed - -2021)