Brooklyn Center City Zoning Code
35-111 Nonconforming
Uses
35-111Nonconforming UsesUnless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided:1)No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance.2)Such nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance.3)A nonconforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building provided no structural alterations except those required by ordinance, law, or other regulation are made therein, and provided that no such extension in the floodway overlay zone shall result in increased flood damage potential. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than R1 and R2, provided any structural alterations or additions shall conform with the requirements of the R1 and R2 district, and the Flood Plain regulations as applicable.4)If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of said building shall be in conformity to the use regulation specified by this ordinance for the district in which such building is located.5)Any nonconforming use shall not be continued following 50% destruction of the building in which it was conducted by flood, fire, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved by the City Council, unless application for a building permit is made within 180 days of when the property is damaged. If a building permit is applied for, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent property.6)Upon the effective date of this ordinance, where there is a nonconforming use of land on a parcel with no structure or where there is a nonconforming use of land (such as storage of equipment and supplies), on which there is a conforming structure such use shall be terminated within two years following the effective date of this ordinance.