Alton Township City Zoning Code
ARTICLE 2
NONCONFORMITIES AND LOTS OF RECORD
§ 2.01 INTENT.
It is the intent of this section to provide for the regulation of nonconforming buildings and uses and to specify the requirements and circumstances under which such buildings and uses will be operated and maintained. Nonconforming buildings and uses lawfully existing upon adoption of this ordinance shall be permitted to continue until they are removed or discontinued. Where the provisions of any statute, other ordinance or regulation imposes greater restrictions than this ordinance, the provisions of such shall be controlling. The continuation of nonconformities provided for by M.S. §§ 394 and 462, as they may be amended from time to time, shall not apply to compliance with this ordinance and M.S. § 103F.48, as it may be amended from time to time.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017)
§ 2.02 LOTS OF RECORD.
(A) Adjusting front yard setback of nonconforming lot of record. In such cases, where buildings exist on lots on either side of a lot of record, with front yard setbacks that do not conform to this ordinance, the setback for the lot of record shall be determined to be equal to a straight line drawn halfway between and parallel to the front yard setback lines of the two adjacent buildings. In such case, where there is a nonconforming setback on a building adjacent to one side of a lot of record and the lot on the other side is vacant, the setback for the lot of record shall be determined to be equal to the setback of the nonconforming building plus one-half the difference between the setback of the nonconforming building and the setback required by this ordinance.
(B) Structure. Additions, in such cases, where proposed building additions do not encroach further on the yard setbacks than that existing, such additions will be permitted provided the use is permitted within the zoning district in which the property is located.
(Ord. 97, passed 7-21-2009)
§ 2.03 NONCONFORMING SIGNS.
(A) Nonconforming signs discontinued. Signs lawfully existing on the effective date of this ordinance which do not conform to the regulations set forth in this ordinance shall become a nonconforming use and shall be discontinued within a period of three years of the effective date of this ordinance. Uses of signs, which become nonconforming due to a subsequent change in this ordinance, shall also be discontinued within a period of three years of the effective date of the change.
(B) Nonconforming business signs allowed to continue. 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.
(C) No new nonconforming signs. No sign erected before the passage of this ordinance shall be rebuilt, altered or moved to a new location on the affected property without being brought into compliance with the requirements of this ordinance.
(Ord. 97, passed 7-21-2009)
§ 2.04 NONCONFORMING STRUCTURES.
(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)
§ 2.05 NONCONFORMING USES.
(A) Changes and substitutions: once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with the lot area, established setback lines along arterial streets, highways and property lines, and the yard, height, parking, loading, unloading, access and any other applicable provisions of this ordinance, it shall not revert back to a nonconforming use or a substandard structure.
(B) Once the Board of Adjustment has permitted the substitution of a nonconforming use for the existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and the substituted use shall become subject to all the conditions required by the Board of Adjustment.
(Ord. 97, passed 7-21-2009)
§ 2.06 CONSTRUCTION ON NONCONFORMING LOTS OF RECORD.
(A) Building permitted with conditions. Lots of record in the office of the County Recorder prior to May 17, 1983 that do not meet the requirements of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district; the lot has been in separate ownership from abutting lands at all times since it became substandard; was created compliant with official controls in effect at the time; and sewage treatment and setback requirements of this ordinance are met.
(B) When variance required. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot of record where lot size does not allow for compliance with applicable setback distances, in evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
(C) Nonconforming lots of record under single ownership. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this ordinance.
(Ord. 97, passed 7-21-2009)
§ 2.07 SHORELAND NONCONFORMITIES.
All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this county for the subjects of alterations and additions, repair after damage, discontinuance of use and intensification of use; except that the following standards will also apply in shoreland areas.
(A) Additions/expansions to nonconforming structures.
(2) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
(a) The structure existed on the date the structure setbacks were established;
(b) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
(c) The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and
(d) The deck is constructed primarily of wood and is not roofed or screened.
(B) Nonconforming subsurface sewage treatment systems.
(1) A subsurface sewage treatment system (SSTS) must have been issued a current certificate of compliance before an application for a zoning permit can be approved.
(a) For variances and conditional use permits, a condition shall be added to the recorded document requiring upgrading and issuance of a certificate of compliance before the variance or conditional use of the property is commenced. An exception to this requirement is made when the variance request is for placement of an SSTS.
(b) For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
(c) An escrow account for the exclusive purpose of SSTS installation, repair or improvement may be utilized to expedite the following permits or uses without a current certificate of compliance for a brief period of time. The established escrow account shall be held in trust by a FDIC insured lending institution. The escrow account shall total no less than one and one-half multiplied by the total amount of a written estimate from a licensed contractor for a design which has been approved by the Public Health Services Department or one and one-half multiplied by the annual average cost of a standard mound system as determined by the Public Health Services Department.
1. Zoning permit. The non-compliant SSTS shall be upgraded and issued a current certificate of compliance within 120 days of issuance of a zoning permit, except as provided under extension/exceptions below.
2. Variance and/or conditional use permit. The non-compliant SSTS shall be upgraded and issued a current certificate of compliance within 120 days of issuance of a zoning permit, which ever shall occur first, except as provided for under extension/exceptions below.
3. Extension/exception. If a request for a permit, variance or conditional use permit is received between November 1 and April 30, the county may issue a permit, conditional use permit or variance immediately with the requirement that a compliance inspection be completed by the following June 1, and a certificate of compliance be submitted by the property owner by the following September 30. All other requests require a certificate of compliance prior to the issuance of a permit.
(2)
The county will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period, which will not exceed 120 days. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. Chapter 103F, as it may be amended from time to time, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits or other deep disposal methods or systems with less than three feet of soil treatment area separation above groundwater than required by the State Pollution Control Agency’s rules for design of on-site subsurface sewage treatments systems shall be considered nonconforming and an imminent threat to public health or safety.
(Ord. 97, passed 7-21-2009; Ord. 160, passed 2-4-2025)