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. This chapter 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.

Enlargement. Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended.

Unsafe structures. Nothing in this chapter shall prevent the placing of a structure in a safe condition when said structure is declared unsafe by the Building Inspector providing the necessary repairs shall not constitute more than 50% of the fair market value of such structure. Said value shall be determined by the City Assessor.

Moving of buildings. No nonconforming building, structure or use 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 such movement shall bring the nonconformance into compliance with the requirements of this chapter.

Change back to nonconforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter by changed to any nonconforming use.

Increase of nonconformity. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

Destruction of buildings. If at any time a nonconforming building, structure or use shall be destroyed to the extent of more than 50% of its fair market value, said value to be determined by the City Assessor, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by this chapter for the district in which such land and buildings are located. Any building which is damaged to an extent of less than 50% of its value may be restored to its former condition. Estimate of the extent of damage or destruction shall be made by the Building Inspector.

Discontinuance. Whenever a lawful nonconforming use of a structure or land use is discontinued for a period of six months, following written notice from the Zoning Administrator or other authorized agent of the city, any future use of said structure or land shall be made to conform with the provisions of this chapter.

Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.

Alterations. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided that they will not increase the number of dwelling units or the nonconformity.

Expansion to improve livability. Nonconforming, non-income-producing residential units may be expanded to improve livability as a conditional use, provided that the nonconformity of the structure will not be increased.

Completion of buildings for which permit issued. 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 that 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.

Nonconforming junkyards. No junkyard may continue as a nonconforming use for more than one year after the effective date of this chapter, 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 operation of the junkyard. Plans of such a building, fencing, screening or device shall be approved by the City Planning Commission and the City Council before it is erected or put into place.

Purpose. The purpose of this section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.

Dwelling unit restrictions.

Platted and unplatted property.

Accessory buildings, uses and equipment.

Drainage plans. In the case of all apartments, business and industrial developments, the drainage plans shall be submitted to the City Engineer for review, and the final drainage plan shall be subject to his or her written approval.

General fencing, screening and landscaping.

Required fencing, screening and landscaping. All fencing and screening required by this chapter shall be subject to § 190-16F hereof and shall consist of either a fence or a greenbelt planting strip.

Traffic visibility. On corner lots in all districts, no structure or planting in excess of 30 inches above the street center-line grade shall be permitted within a triangular area defined as follows:

Glare. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The course of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public rights-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four foot candles (meter reading) as measured from said property.

Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.

Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.

Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended.

Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 1, as amended.

Refuse. Vehicles not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside in violation of any city ordinance are considered refuse or junk and shall be disposed of. The piling of junk in yards in all residential districts shall be considered to be a nonconforming use and shall be removed within a period of three months after the effective date of this chapter.

Exterior storage. All materials and equipment except as provided for in Articles V through XIV of this chapter shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following:

Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system but shall be disposed of in a manner approved by the Minnesota State Fire Marshal and the Pollution Control Agency.

Bulk storage (liquid). All uses associate with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the Minnesota State Fire Marshal and Minnesota Department of Agriculture offices, and the owner or operator thereof shall have documents from those offices stating that the use is in compliance with applicable laws and regulations, said documents to be available for inspection by city officials.

Signs. Regulations of signs shall be provided for under Chapter 150, Signs.

Home occupations. There shall be no over-the-counter sale of merchandise produced off the premises except for those products that are not marketed and sold in a wholesale or retail outlet. Examples of such products include but are not limited to the following: Avon, Fuller Brush and Shakley products. In no instances shall the home occupation adversely affect the character of the uses permitted in the zoning district in which the property is located.

Table 1, Schedule of Area, Height and Placement Regulations. Table 1, Schedule of Area, Height and Placement Regulations is included at the end of this chapter.

Table 2, On-Site Parking Requirements.

Table 3, On-Site Loading and Unloading Requirements.