It is the purpose and intent of this Chapter to allow nonconformities to continue to exist and be put to reasonable and productive use; to encourage nonconformities to be brought into compliance when reasonable to do so; to establish the requirements under which nonconformities may be operated and maintained; to diminish the impact of nonconformities on adjacent properties by limiting their expansion; to clarify the level of site modifications that may occur before nonconformities are required to be brought into compliance with current standards; and to comply with Minn. Stat. §462.357, subd. 1e, as amended from time to time.

11-1302.1

Rights. A Nonconforming Use or nonconforming structure may be continued subject to the requirements of this Chapter and as regulated by Minn. Stat. §462.357, subd. 1e. The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety.

11-1302.2

Uses.

(1)

A Nonconforming Use must not be expanded; provided, a nonconforming single-family home may be expanded if:

(a)

The expansion will not increase the number of dwelling units or buildings.

(b)

Expansion of the principal structure does not exceed 20 percent of the living square feet of the original structure.

(c)

The home is not located within a PORT District, a Transit Oriented Development District or the River Rapids Overlay District.

(d)

The expansion complies with LDR2 district standards.

(e)

The expansion improves the appearance or stability of the neighborhood.

(f)

The expansion is not located in the floodplain.

(2)

Notwithstanding the restrictions of 11-1302.2(1),

(a)

Attached and detached garages and accessory structures may be constructed and/or expanded provided they are consistent with the LDR2 district standards and appropriate building permits are obtained.

(b)

Decks may be constructed and/or expanded provided they are consistent with the LDR2 district standards.

(3)

Expansion of a single family home pursuant to 11-1302.2(1) requires a conditional use permit in conformance with subsection 11-304.3. Construction or expansion of a garage, accessory structure or deck pursuant to 11-1302.2(2) does not require a conditional use permit.

(4)

Nonconforming Uses in the LI District may be expanded provided;

(a)

The expansion does not exceed 30 percent of the gross floor area of the building occupied by the nonconforming use at the time it became nonconforming

(b)

The expansion does not exceed 30 percent the area of the site outside of the building occupied by the nonconforming use at the time it became nonconforming.

(c)

The expansion complies with the LI District standards.

(d)

A conditional use permit in conformance with Chapter 11-300 is obtained.

(5)

When any nonconforming use has been changed to conforming use, it must not thereafter be changed to any nonconforming use.

(6)

A conditional use that is subsequently rezoned to a district in which the use is neither permitted nor a conditional use must be a nonconforming use.

11-1302.3

Structures.

(1)

A structure that does not meet setback, size or other dimensional requirements must not be expanded unless such changes are in conformance with this Title and do not increase the nonconformity, except as required by the Americans with Disabilities Act.

(2)

A building permit application under Minn. Stat. §462.357, subd.1e, is subject to the following: the City may impose reasonable conditions upon a building permit that is applied for within 180 days after a structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, or is declared unsafe, in order to mitigate any newly created impact on adjacent property.

11-1302.4

Termination of Rights.

(1)

A nonconforming use must not resume where:

(a)

The use is discontinued for a period of more than one year; or

(b)

The use or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property is damaged.

(2)

Where any right to continue the nonconformity is terminated, any future use must comply with the City Code.

11-1302.5

Conformance Triggers. Nonconformities must be brought into conformance upon the following events:

(1)

Nonconforming Uses. Nonconforming uses must be brought into conformance with current requirements of the City Code upon:

(a)

Change of the use;

(b)

Discontinuance of the use for more than one year; or

(c)

Destruction of the use by fire or other peril to the extent of greater than 50 percent of its market value, provided no building permit is applied for within 180 days of the date of destruction.

(2)

Nonconforming Structures. Structures that do not meet setback, size or other dimensional requirements must be brought into conformance with current requirements of the City Code upon:

(a)

Destruction or removal of the structure;

(b)

Relocating the structure; or

(c)

Destruction of the structure by fire or other peril to the extent of greater than 50 percent of its market value, provided no building permit is applied for within 180 days of the date of destruction.

(3)

Nonconforming Site Improvements. Nonconforming site improvements, including but not limited to parking lots, landscaping, accessory buildings, trash enclosures, lighting and screening, must be brought into conformance with current site improvement requirements of City Code upon:

(a)

Redevelopment of the site or expansion of total floor area on the site by 25 percent or greater;

(b)

Destruction or replacement of the site improvement;

(c)

Issuance of a permit for a related site improvement, if conformance is stipulated as a condition of permit approval;

(d)

A change of use of the site that triggers a need for change in an associated site improvement;

(e)

Other events listed as specific triggers in City Code on site improvement standards; or

(f)

The City determines the site improvement must be brought into conformance to protect the public health, safety, and welfare.

(4)

Operational Characteristics. Operational characteristics, including but not limited to hours of operation, parking standards, and laws and regulations having immediate effect, must be brought into conformance immediately upon a change in City Code unless otherwise specified in City Code.

A legal lot that is in single ownership at the time of adoption of this Chapter and that does not meet the requirements of this Title for lot area, width, or depth may be used for a conforming structure if:

11-1303.1

The lot area, width and depth are 70 percent or greater than that required; or

11-1303.2

The lot area, width or depth is less than 70 percent of that required, and:

(1)

A combination of lots to create a lot which complies with this Code would be impractical; and

(2)

A conditional use permit is obtained.

11-1303.3

The principal and any accessory structures must meet all minimum setback requirements and the maximum impervious surface requirement is not exceeded.