Subd. 1. Application of this ordinance.

A.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

B.

Where the conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, city ordinance provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

C.

From and after the effective date of this ordinance, the use of all land and every building or portion of a building erected, altered in respect to height and area, added to, or relocated, and every use within a building or use accessory thereto, in the city, shall be in conformity with the provisions of this ordinance. Any existing building or structure and any existing use or properties not in conformity with the regulations herein prescribed, shall be regarded as nonconforming, but may be continued, extended or changed, subject to the special regulations herein provided with respect to nonconforming properties or uses.

Subd. 2. Private agreements. This ordinance does not abrogate any easement, covenant, or any other private agreement which are [is] not legally enforceable, provided that where the regulations of this ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this ordinance shall govern.

Subd. 3. Separability. It is hereby declared to be the intention that the provisions of this ordinance are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said statement.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgment shall not affect other property, buildings, or structures.

Subd. 4. Accessory buildings, structures, uses.

A.

No accessory building or use shall be constructed or use developed on a lot prior to obtaining a building permit for the principal building or use to which it is accessory.

B.

A detached accessory building shall not be located in any required front yard.

C.

All accessory buildings and uses shall comply with the regulations of the zoning district in which they are located.

D.

Accessory buildings shall be located behind the building setback line as herein regulated, subject to the building code regulations.

E.

Unless otherwise herein specified, no accessory building shall exceed the height of the principal building.

F.

No private garage used or intended for the storage of passenger automobiles shall exceed the square footage of the main floor of the principal structure.

G.

A detached accessory building, except garages, shall occupy not more than 30 percent of the area of the main floor of the principal structure.

H.

All accessory buildings in residential districts shall be constructed with materials and to a design which conforms with neighborhood architecture.

I.

Detached accessory storage buildings shall not be permitted in any front yard.

Subd. 5. Nonconforming uses.

A.

Nonconforming buildings and uses. Except as hereinafter provided, the nonconforming use of any structure, building, and/or land, shall not be extended or enlarged. Buildings found to be nonconforming only by reason of height, yard or area requirements do not have to be discontinued but any enlargements must meet the requirements of this ordinance.

B.

Nonconforming signs.

1.

Signs which are nonconforming uses shall be discontinued following a reasonable period for amortization of the sign. The period of amortization for signs shall be not more than:

(a)

Advertising signs—Three years from the date the nonconformity began.

(b)

Business signs—Three years from the date the nonconformity began.

2.

Business signs on the premises of a nonconforming building or use may be continued, but such signs shall not be increased in number, area, height or illumination. New signs not to exceed 50 square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the effective date of this ordinance. Such signs may be illuminated, but no flashing, rotating or moving signs shall be permitted.

3.

No sign erected before the effective date of this ordinance shall be rebuilt, altered or removed to a new location without being brought into compliance with the requirements of this ordinance.

C.

Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this ordinance provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least 75 percent of the minimum requirements of this ordinance. Yard dimensions and other requirements for the lot shall conform to regulations for the district unless a variance is granted. If two or more lots or combinations of lots and portions of lots with contiguous street frontage in single ownership are of record on the effective date of this ordinance, and if all or part of the lots do not meet with width and area requirements of this ordinance for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this ordinance and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements of this ordinance, nor shall the parcel be so divided that any remaining lot does not comply with such requirements.

D.

Phasing out of certain nonconforming uses. The following nonconforming uses of buildings, structures or land may be continued for a period no longer than one year from the effective date of this ordinance, or any amendment hereto which causes the use to be nonconforming:

1.

Any nonconforming use with a building or structure having an estimated market value of $2,000.00 or less on the effective date of this ordinance or amendment.

2.

Any nonconforming use of land where no enclosed building is involved or where the only buildings involved, having an estimated market value of $2,000.00 or less, are accessory or incidental to such use or where such use is maintained in connection with a nonconforming building.

3.

Every such nonconforming use shall be completely removed from the premises at the expiration of the one year period.

E.

Nonconforming junkyards. No junkyard may continue as a nonconforming use for more than one year after the effective date of this ordinance, except that a junkyard may continue as a nonconforming use in an industrial district if, within that period, it is completely enclosed within a building, fence, screen planting or other device of such height as to screen completely the operations of the junkyard. Plans of such a building or device shall be approved by the planning commission and the council before it is erected or put into place.

F.

Discontinuance.

1.

In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of six months, the use of the same shall therefore conform to the regulations of the district in which it is located.

2.

In the event that the use of a nonconforming advertising sign structure is discontinued or its normal operation stopped for a period of six months, said structure shall be removed by the owner or lessor at the request of the council.

G.

Alterations. The lawful use of a building existing on the effective date of this ordinance may be continued, although such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification and/or use which would be defined as a use which is more in conformance with the intended land use of the area. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed into a less restricted use.

H.

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.

I.

Restoration. No nonconforming building or structure, except single-family dwellings in any residential district, which has been damaged by fire, explosion, flood, act of God or other calamity to the extent of more than 50 percent of its assessed market value, as determined by the city assessor, shall be restored to only match what was previously existing or in conformity with the regulations of this ordinance. A nonconforming building or structure which is damaged to a lesser degree may be restored and its previous use continued or resumed provided that restoration is completed within one year following its damage and no enlargement of the structure or increase in the intensity of use occurs.

J.

Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary, nonstructural 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 said structure is declared unsafe by the building inspector.

K.

Issued permits. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of this ordinance; provided, however, that the entire building shall be completed according to such plans as filed within 12 months from the date of issuance of said permit.

L.

Status of variances or conditional use permits. If a conditional use permit or a variance has been granted as provided in this ordinance, it shall not be deemed a nonconformity, but shall without further action be deemed permitted in such district.

M.

Nonconformities created by amendment. When a nonconformity in a structure or use of land or a structure is created by an amendment to this ordinance, the rights granted by this section to the continuance of nonconformities and to the termination and amortization apply to such nonconformities existing on the date of the amendment.

N.

Annual inspection. The zoning administrator shall submit an annual report to the planning commission on the status of all known nonconforming buildings, uses, and signs.