Within the zoning districts established by this chapter, or amendments that may later be adopted, situations may occur where, as a result of the requirements contained in this chapter, an existing lot, structure, site improvement, or use does not conform to one or more of the requirements of this chapter. It is the intent of this section to regulate such nonconforming situations to accomplish the following:

A.

Recognize the existence of uses and structures which were lawful when established but which no longer meet all ordinance requirements.

B.

Discourage the enlargement, expansion, intensification, or extension of any nonconforming use or structure and discourage any increase in the impact of a nonconforming use or structure on adjacent properties. Only exceptional cases of any expansion or intensification of a nonconforming use will be permitted and only after city approval of a variance.

C.

Encourage the elimination of nonconforming uses and structures or reduce their impact on adjacent properties.

A nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion unless:

A.

The nonconforming [use] or occupancy is discontinued for a period of more than one year.

B.

Any nonconforming use is destroyed by fire to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In such a case, any such building permit shall be subject to reasonable conditions in order to mitigate any newly created impact on adjacent property.

C.

A nonconforming use may not be changed to another nonconforming use.

D.

When any nonconforming use has been changed to a conforming use, it may not be later changed to a nonconforming use.

E.

A nonconforming use may be changed to lessen the nonconformity, but once lessened, the use may not be changed to increase the nonconformity.

Any separate lot or parcel that was legally created and is of record with the Anoka County Recorder's Office, but became nonconforming as a result of the adoption of this chapter, may be used for the legal use for which it is zoned subject to the following:

A.

The lot shall have frontage on an improved public road or on a private road approved by the city council. The city council must, by resolution, specify the private road, verify that the private road is capable of supporting emergency vehicles, and specify that provisions exist for ongoing maintenance of the private road.

B.

Vacant lots of record may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot(s) was created compliant with official controls in effect at the time, sewage treatment is in compliance with MPCA subsurface sewage treatment system, MN Rules 7080-7083, and setback requirements of this ordinance are met.

C.

A vacant lot or parcel not served by public sewer may be used for a permitted use provided it has at least one acre of buildable area, and it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve such use and meet required setbacks and lot coverage.

D.

If in the case of two or more contiguous lots or parcels of land under single ownership, any individual lot or parcel does not meet the minimum requirements of this ordinance, such individual lot or parcel shall not be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots so the combination of lots will equal one or more parcels of land meeting the full requirements of this section or the provisions of the zoning district in which the property is located, whichever is more restrictive. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record that do not conform to the provisions of the existing zoning district.

E.

A conforming lot shall not be reduced in size so that it becomes nonconforming in any respect under the conditions of this chapter. A nonconforming lot may be reduced in size but only if it is combined with other existing lots of record. Any lot currently nonconforming or that would become nonconforming due to a split, the property owner would cede property rights.

F.

Additions to principal or accessory buildings or structures located on nonconforming lots may be permitted without a variance provided that any such addition meets all minimum setback and lot coverage requirements of the zoning district in which it is located, and that long-term sewage disposal needs can be met.

G.

Nonconforming lots may be combined for tax purposes with a contiguous lot or lots, but may not be re-subdivided into a nonconforming lot even if the division is consistent with the original lot configuration.

A.

Nonconforming structures may not be enlarged or altered in a way that increases their nonconformity. They must comply with the following:

1)

Expansion or alteration of a nonconforming structure may be permitted provided the expansion meets the required setbacks from the public right-of-way, side and rear lot lines, wetlands, lakes, sewer treatment system, well, and all other requirements of this chapter.

2)

Long-term sewage disposal needs can be met on lots that are not served by public sewer.

B.

All construction projects for which a valid building permit was granted before the effective date of this chapter may be completed even if the structure will not meet the newly adopted provisions of this chapter.

C.

Any nonconforming use is destroyed by fire to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In such a case, any such building permit shall be subject to reasonable conditions in order to mitigate any newly created impact on adjacent property.

A.

Upon any change in occupancy, nonconforming paved parking areas may continue to be used without improvement if the number of parking spaces supplied remains adequate according to the regulations of this chapter, and the surface has not, in the city's judgment, deteriorated so as to be beyond repair. If the parking lot is beyond repair or not paved, then the parking lot surface must be paved and otherwise brought into conformance with this chapter.

B.

Multiple occupancy building. If the nonconformity is not increased, a building permit may be issued for a portion of a multiple occupancy building without bringing the existing site conditions into compliance.

C.

When expanding an existing nonconforming site, the newly constructed portion of the site shall meet all requirements of this chapter.

D.

If a multiple occupancy building becomes completely vacant, the existing site conditions shall be brought into compliance with this chapter prior to future occupancy.

(Ord. No. 19, Second Series, 5-5-2010)