(A)   Any structure or use lawfully existing as of June 1998 may be continued at the size and in a manner of operation existing upon such date, except as hereinafter specified.

   (B)   Nothing in this chapter shall prevent the placing of a structure in safe condition when such structure is declared unsafe by the Building Official.

   (C)   When any unlawful nonconforming structure, or use of any structure or land, in any district, is discontinued for a period of more than one year, or is changed to a conforming use, any future use of said structure or land shall be in conformity with the provisions of this chapter.

   (D)   When any nonconforming structure is destroyed by fire or other peril, such as collapse, explosion, public enemy, act of war or act of God to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged, in this case the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

   (E)   Any structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date hereof, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date hereof, or amendment thereof, and continues to completion within one year. Such structure shall thereafter be a legally existing nonconforming structure.

   (F)   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 extend or intensify the nonconforming use.

   (G)   Any alterations and additions made to a nonconforming structure which are not specifically allowed by M.S. § 462.357, Subd. le shall require a variance.

(Ord. 2021-04, passed 7-26-2021)

   (A)   Any preexisting lot for which a deed, recorded contract for deed, or other legal conveyance or plat has been recorded prior to the effective date of the ordinance from which this chapter derives shall be deemed a permittable lot without requiring a variance, provided all the setbacks can be maintained and sanitary provisions for well and sewage disposal can be maintained, and the lot is at least 50 feet in width and contains at least 5,000 square feet.

   (B)   If two or more preexisting contiguous lots in total could not be divided into two or more lots meeting 80% of the requirements of this chapter for a new lot, and are held by the same owner on the effective date of this chapter, they shall be considered one lot for building and zoning purposes. The lots shall be tied together with a restriction filed with the County Recorder permanently requiring that the lots be considered as one lot only. This shall be required before a building permit is issued.

   (C)   Any lot, preexisting as described in division (A) above, which has been assessed sanitary sewer and has a separate stub shall be considered a permittable lot regardless of lot width; however, no lot containing less than 5,000 square feet shall be considered permittable. Commercial sewered lots with a structure in existence on June of 1998, shall be permittable regardless of width or area.

(Prior Code, § 13.87) (Ord. 2021-04, passed 7-26-2021)