It is the purpose of this article to provide for the regulation of nonconforming uses, structures, lots and signs, and to specify those requirements, circumstances, and conditions under which nonconforming uses, structures, lots and signs will be operated and maintained. This Appendix E establishes separate zoning districts, each of which is an appropriate area for the location of uses which are permitted in that zoning district. It is necessary and consistent with the establishment of these zoning districts that nonconforming, structures, uses and signs not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconformities uses shall be eventually brought into conformity.

(Ord. No. 554, § 1, 1-17-2017)

(a)

Continuation. A nonconforming lot, use or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established.

(b)

Legally established defined. To be considered legally established, a legal nonconforming lot, use or structure shall have been physically constructed or in existence, not merely contemplated, at the time the ordinance rendering it nonconforming was adopted. Conditional use permits, variances, building permits, or other permits not exercised within the required time do not establish the right to legal nonconformity unless the lot, use or structure was under construction (with a valid building permit) at the time of adoption of the ordinance rendering it nonforming.

(c)

Burden of proof. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate that the nonconformity was legally established.

(d)

Subdivision. Parcels of land or portions thereof shall not be subdivided if such action results in buildings and/or uses becoming nonconforming.

(e)

Shoreland areas. All legal nonconforming uses, structures, and lots within designated shoreland areas, shall be governed by applicable Minnesota State statutes.

(Ord. No. 554, § 1, 1-17-2017)

(a)

Extension. A non-conforming use of a building may be extended throughout said building provided no structural alterations are made therein except as required by other codes or ordinances.

(b)

Relocation. A non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of passage the ordinance rendering it nonconforming.

(c)

Abandonment. A non-conforming use of building or parcel of land which has been discontinued for a period of one year shall not be re-established and any future use shall be in conformity with the regulations of this appendix.

(d)

Change. A non-conforming use of a building or parcel of land may be changed to a similar non-conforming use.

When any non-conforming use of a building or parcel of land has been changed to a conforming use, it shall not, thereafter, be changed to a non-conforming use.

(Ord. No. 554, § 1, 1-17-2017)

(a)

Expansions. No nonconforming structure may be expanded, enlarged, or extended in a manner that increases an existing nonconformity.

(Ord. No. 619, § 4, 12-21-2020)

(b)

Restoration. In the event of damage or destruction of a nonconforming structure by fire or other peril to the extent of greater than 50 percent of its market value, the damaged or destroyed nonconforming structure shall not be restored unless a building permit is applied for within 180 days of when the property is damaged or destroyed.

(c)

Moving. A nonconforming structure that is moved to a new location shall conform to all standards that apply in its new location.

(d)

Maintenance. Normal maintenance of a non-conforming building or structure shall be permitted, including necessary nonstructural repairs and incidental alterations.

(Ord. No. 554, § 1, 1-17-2017)

(a)

Development permitted. In any district in which single family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record that does not comply with current applicable lot area or lot width regulations.

(b)

Conformance with standards Development on legal nonconforming lots hall comply with all setback, building coverage, parking, and other standards of the applicable zoning district.

(c)

Common ownership limitation. Where two or more adjacent lots of record are under common ownership as of the effective date of the ordinance from which this article derives, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this article, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this appendix, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this appendix.

(Ord. No. 554, § 1, 1-17-2017)

Any sign that existed lawfully on the effective date of the sign regulations of this article that remains or becomes nonconforming by reason of adoption of these sign regulations or because of subsequent amendments to these sign regulations are considered nonconforming signs and their continuance is allowed in accordance with the following regulations:

(a)

Ordinary repairs and maintenance, including the removing and replacing of the outer panels is permitted, provided that the panels are replaced with identical panels and that no structural alterations or other work that extends the normal life of the nonconforming sign is permitted.

(b)

Single panels on nonconforming multi-panel signs for multi-tenant buildings may be changed to reflect tenant changes.

(c)

Besides (a) and (b) of this section, nonconforming signs may not be changed unless they are brought into conforming with the sign ordinance.

(d)

No repair or alteration that increases the size of the nonconforming sign is permitted.

(e)

No nonconforming sign may be moved in whole or in part to any other location on the same or any other premises unless every portion of such sign is made to conform to all of the regulations of these sign regulations.

(f)

If a nonconforming sign is abandoned or the described business discontinued for a continuous period of 30 days or more, it must be discontinued and any subsequent sign must conform to all of the sign regulations of this article.

(Ord. No. 554, § 1, 1-17-2017)