Corcoran City Zoning Code

Subd. 1. General Standards of Applicability.

A.

Authority to Continue

Any use, structure, or lot that existed as a lawful nonconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Code, remains illegal if it does not conform with each and every requirement of this Code.

B.

Burden on Property Owner to Establish Legality

In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Ordinance is upon the property owner of the nonconforming use, structure, or lot.

C.

Safety Regulations

The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, apply to nonconforming structures.

Subd. 2. Nonconforming Use.

A.

Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use.

B.

Structural Alterations

Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the intensity, bulk or density of the nonconforming use. In addition, the following exceptions apply:

1.

When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety.

2.

When the alteration is for the purpose of bringing the use into conformity.

C.

Expansion of Use

A nonconforming use of land or a structure may not be expanded, enlarged, or intensified, as defined in Section 1020.020. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited.

D.

Changes to Nonconforming Uses:

1.

A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of the Zoning Ordinance is deemed an abandonment of the previously existing lawful nonconforming use.

2.

When a nonconforming use of land or a structure has been changed, in whole or in part, to a conforming use, the whole or part which has been made to conform may not be changed back to a nonconforming use.

3.

A nonconforming use of land or a structure may be changed to reduce 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.

E.

Discontinuation or Abandonment

If a nonconforming use or occupancy is discontinued for a continuous period of one (1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, uncontrollable events, or other acts without any contributing fault by the user, must not be included in calculating the length of discontinuance for this section.

F.

Damage or Destruction

1.

If a structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or less of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit. If a building permit is not obtained within one (1) year, then the nonconforming use cannot be continued.

2.

If a nonconforming structure and/or property devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value at that time and no building permit has been applied for within one-hundred eighty (180) days of when the property is damaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section to mitigate any newly created impact on adjacent property.

Subd. 3. Nonconforming Buildings and Structures.

A.

Proposed Structure

Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure.

B.

Ordinary Repairs and Maintenance

Normal repair, replacement, restoration, maintenance, or improvement may be performed on any legal nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner.

C.

Structural Alterations

Structural alterations to a legal nonconforming building or structure may be made through the building permit process provided:

1.

The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this section; and

2.

The alterations do not increase the building occupancy capacity or parking demand; and

3.

The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use.

D.

Expansion of Legal Nonconforming Buildings or Structures

1.

Administrative Approvals

The Zoning Administrator may approve the following expansions of legal nonconforming buildings and structures after a determination that the building expansion will have no external negative impacts upon adjacent properties or public rights-of-way, and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.:

a.

Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of the Zoning Ordinance, unless otherwise provided herein.

i.

The expansion of buildings found to be nonconforming only by reason of yard setback may be permitted provided the proposed expansion is no closer to the affected property line than the existing building.

ii.

The expansion of buildings found to be nonconforming only by reason of height may be permitted provided the proposed expansion does not exceed the height of the existing building.

2.

Conditional Use Permit

Legal, nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided:

a.

The expansions will not increase the nonconformity of the building or site; and

b.

The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also approved; and

c.

The request for conditional use permit shall be evaluated based on standards and criteria set forth in Corcoran City Code Section 1070.020, Subd. 3.

E.

Relocation

A nonconforming structure may not be relocated, in whole or in part, to any other location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated.

F.

Damage or Destruction

1.

If a nonconforming building or structure is damaged or destroyed to the extent of less than fifty percent (50%) of the market value at that time, then the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit.

2.

If a nonconforming structure is damaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one-hundred eighty (180) days of when the property isdamaged, the nonconformity may not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate any newly created impact on adjacent property.

Subd. 4. Nonconforming Lots.

A.

Vacant or Redeveloped Lots

1.

A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided:

a.

The lot has frontage on a public right-of-way, or is governed by a valid driveway agreement; and

b.

The lot has access to municipal sewer and water if located within the municipal urban service boundary, or otherwise has an approved well and an approved on-site septic system or is able to provide a well and on-site septic system in compliance with all City and State requirements; and

c.

The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the City's Comprehensive Plan and Zoning Ordinance; and

d.

The lot, if located within the Rural Residential or Urban Reserve districts, has a development right.

2.

The owner must apply for and receive a valid driveway permit from the Public Works director for access to any public street, including new, modified, or relocated driveways, prior to construction.

B.

Developed Lots

An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of the Zoning Ordinance.

C.

Shoreland Overlay District

1.

Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:

a.

All structure and septic system setback distance requirements can be met; and

b.

A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a publicnsewer; and

c.

The impervious surface coverage does not exceed twenty-five percent (25%) of the lot.

2.

In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. § 462.357, subd. 1(e) as it may be amended from time to time:

a.

The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; and

b.

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; and

c.

Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and

d.

Development of the lot is consistent with the 2040 Comprehensive Plan.

3.

A lot unable to meet the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

4.

Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.

5.

In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

6.

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

Subd. 5. Exceptions to Nonconformity Regulations.

A.

The City shall regulate the repair, replacement, maintenance, improvement of nonconforming uses, buildings, and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and to avoid an increase in flood damage potential or increase the degree of obstruction to flood flows in the floodway.

B.

The nonconformity provisions of this Ordinance do not prohibit the City from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at the time of its inception.

(Ord. 493, passed 06-22-23)