The following terms, as used in this chapter, shall have the meanings stated:

Abutting or abuts means areas or lots whose boundaries at least touch one (1) another at a single point, including areas or lots whose boundaries would touch but for an intervening public right-of-way including streets and alleys.

Accessory structure or use means a subordinate structure or use located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. On waterfront lots accessory structures shall include water-oriented accessory structures, decks, permanent boat lifts and stairways.

Agricultural means an area in excess of five (5) contiguous acres used for the production of farm crops customary on open tracts of land and the accessory raising of livestock and poultry. The term shall also include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of customers vehicles shall be furnished off the public right-of-way. The term does not include commercial feedlots or the commercial feeding of garbage to swine or other animals.

Airport means the municipal airport.

Alley means a public right-of-way twenty (20) feet or less in width, affording a secondary means of access to abutting property.

Apartment means a part of a building consisting of a room or suite of rooms which is used for a semi-permanent residence for one (1) family or an individual, and is equipped with cooking facilities, other than a boardinghouse, hotel or motel.

Automobile repair—major means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service.

Automobile repair—minor means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles, and trucks not in excess of seven thousand (7,000) pounds gross vehicle weight.

Automobile wrecking and junkyard means land or buildings where waste, discarded or salvaged materials are bought, kept, sold, stored, exchanged, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products and products resulting from the wrecking of automobiles, other vehicles, or machinery.

Basement means a portion of a building located partly underground but having half or more of its floor-to-ceiling height below the average grade of the adjoining ground.

Bed and breakfast inn means an owner-or manager-occupied business other than a boardinghouse, hotel or motel, in which a room or rooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation, and where the rooms are single, habitable units used or intended to be used for living and sleeping, but not for cooking and eating purposes.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff):

(1)

Part or all of the feature is located in a shoreland area;

(2)

The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody;

(3)

The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the ordinary high water level averages thirty (30) percent or greater; and

(4)

The slope shall drain toward the waterbody.

Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff.

Boardinghouse means a building other than a hotel containing at least one (1) dwelling unit, where for compensation and by prearrangement for definite periods lodging, or lodging and meals, are provided for one (1) to eight (8) persons not members of the principal family therein.

Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel. When a structure is divided by area separation walls without openings, each portion of such building so separated shall be deemed a separate building.

Building height means the vertical distance from the average elevation of the finished lot grade at the front of the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof or to the highest point of a gable, hip or gambrel roof.

Building line means the line beyond which no structure may project.

Bulk materials means uncontained solid matter such as powder, grain, stone, sand, sulphur, etc., that would become airborne if not covered.

Business means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

Clear-cutting means removal of an entire stand of trees or shrubs on waterfront lots.

Commercial animal raising or kennel means any premises where three (3) or more animals at any one (1) time, over six (6) months of age are owned, boarded and bred or offered for sale.

Commercial feedlot means any facility consisting of barns, confinement buildings, corrals, or fenced areas of any kind, for the purpose of breeding or feeding domestic livestock for the sole purpose of retail or wholesale sale. Commercial operation is that use that can be determined to be beyond what is for personal consumption.

Commercial planned unit developments, in shoreland means uses that provide transient, short-term lodging spaces, rooms, or parcels and where the operations are essentially service oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, retail, offices and other primarily service-oriented uses as defined in Minnesota Statutes, chapter 394.

Comprehensive plan means a compilation of material, statements, goals, standards and maps adopted by the planning commission and used by the commission in making recommendations for guiding the orderly development of the private and public sectors of the city.

Conditional use means those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modifications, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience, or safety therein and in the city and therefore may be permitted in such use district only by a conditional use permit.

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners.

Curb level means the mean level of the curb where it is not already in place.

Daycare, home means a family dwelling in which foster care, supervision and training for children of school or preschool age out of their home is provided during part of a day (less than twenty-four (24) hours) with no overnight accommodations or facilities and children are delivered and removed daily. The number to be cared for in one (1) daycare home shall not exceed ten (10) including the family's own children.

Daycare, group nursery means a service provided to the public, in which six (6) or more children of school or preschool age are cared for during established business hours. No overnight facilities are provided. The children are delivered and removed daily.

Deck in shoreland means a horizontal, enclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three (3) feet above ground.

Duplex, triplex, and quad means a dwelling structure on a single lot, having two (2), three (3), and four (4) units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.

Dwelling means that part of a building intended to be occupied for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, cabins or mobile homes.

Dwelling, attached means a dwelling which is joined to another dwelling at one (1) or more abutting walls.

Dwelling, detached means a single dwelling having a yard on all sides.

Dwelling, multiple means a structure or portion thereof intended and designed for three (3) or more dwellings.

Dwelling, townhouse means a single structure consisting of three (3) or more dwelling units on individual lots having one (1) or more walls abutting with another dwelling and designed to have all exits open directly to the outside.

Dwelling, twin home means two (2) single-family attached dwellings located on individual lots in such a manner that a common party wall is located on the common side lot line.

Dwelling, two-family means a dwelling on a single lot, designed or intended exclusively for occupancy by two (2) families living independently of each other, commonly referred to as a duplex.

Dwelling, zero lot line means two (2) to four (4) single-family dwellings attached by party walls in such a manner that the common party wall(s) are located on the common side or rear lot line(s). This definition includes but is not limited to such common references as twin homes.

Dwelling site means a designated location for residential use by one (1) or more persons using temporary or movable shelter, including camping and recreational vehicle site in the shoreland.

Dwelling unit means any structure or portion of a structure, or other shelter designed as short-or long-term living quarters for one (1) or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins in the shoreland.

Essential services means the erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam, or water transmission and distribution systems, collection, communication, supply or disposal systems by public utilities, municipal or other governmental agencies.

Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.

Family means one (1) or more persons each related by blood, marriage, or adoption, or group of not more than four (4) persons not so related maintaining a common household and using common cooking and kitchen facilities.

Fence means any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure.

Floor area means the sum of the gross horizontal area of several floors of the building, measured from the exterior faces of the exterior walls.

Floor area, habitable means the same as floor area except that its application is limited to dwellings. It is measured from the interior faces of the interior walls, and excludes all unused cellars, garages, porches, attics, stairways, unimproved basements, storage, utility, heating rooms and similar areas.

Floor area ratio (FAR) means the floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or, in the case of planned developments-group projects by gross site area.

Forest land conversion means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.

Garage, private means an accessory building or accessory portion of the principal building which is intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry is carried on.

Hardship means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and services as regulated by this chapter.

Hotel means a building having provision for nine (9) or more guests in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

Housepet means a dog, cat or any animal of a type customarily used for a pet by an individual family.

Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Large domestic animal means horses, swine, cattle, llamas, camels, buffalo or other like animals.

Livestock means any domestic animal except a house pet—horses, swine, cattle, llamas, camels, buffalo, sheep, goats, rabbits, poultry or other like animals over one (1) year of age.

Lot means land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved access.

Lot area means the area of lot in a horizontal plan bounded by the lot lines.

Lot corner means a lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred and thirty-five (135) degrees.

Lot line means the property line bounding a lot except that where any portion of a lot extends into the street right-of-way or a proposed street right-of-way, the line of such street right-of-way shall be the lot line for applying this chapter.

Lot line, front means that boundary of a lot which abuts an existing or dedicated private or public street, and in case of a corner lot it shall be the shortest dimension on a street except that a corner lot in a nonresidential area,shall be deemed to have frontage on both streets.

Lot line, rear means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. In the case of a corner lot in a nonresidential area, such line shall be parallel to the front line facing the existing or proposed main entrance.

Lot of record means a platted lot or metes and bounds parcel which has been recorded in the office of the register of deeds prior to June 30, 1986.

Lot, through means a lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this chapter.

Lot, width means the horizontal distance between the side lot lines of a lot measured parallel to the front lines of the lot at the front building setback line.

Manufactured home, single family means a manufactured, transportable, single-family dwelling unit, suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences designed for attachment to outside systems. A manufactured home is designed so that it is or may be mounted on wheels and used as a conveyance on highways and streets.

Manufactured home park means a contiguous parcel of land which has been developed and is licensed for the placement of mobile homes.

Mini-storage or self-storage means a building or group of buildings in a controlled access or fenced area that contains varying sizes of individual compartmentalized units, which are accessed by separate exterior doorways for each unit, designed for the storage of property for individuals, organizations and businesses. These are also known as self-storage facilities or mini-warehouse facilities.

Motel means a building or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings, each of which has a separate outside entrance leading directly from the outside of the building, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests traveling by automobile.

Motor fuel station means a retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair.

Nonconforming building, structure or use means a building, structure or use which does not conform with the district regulations in which it is situated.

Open sales lot means land devoted to the display of goods for sale, rent, lease or trade where such goods are not enclosed within a building.

Ordinary high water level means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool.

Parking space means an area, enclosed in a main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, which has adequate access to a public street or alley and permitting satisfactory ingress or egress of an automobile.

Planned development in shoreland means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units of sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, the time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses.

Planned unit development means the improvement of any sized parcel of land on which two (2) or more principal buildings and supporting structures are possible and permitted according to a development plan agreed upon by the city and developer according to conditions set forth in this chapter.

Public open space means any publicly owned open area, including but not limited to the following: parks, playgrounds, school sites, parkways and streets.

Public waters means any waters as defined in Minnesota Statutes, section 105.37, subdivisions 14 and 15. However, no lake, pond or flowage of less than ten (10) acres in size in municipalities and twenty-five (25) acres in size in unincorporated areas need be regulated for the purposes of Minnesota Rules parts 6120.2500 to 6120.3900. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from Minnesota Rules parts 6120.2500 to 6120.3900.

Residential planned unit development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments.

Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization.

Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection.

Setback means the minimum horizontal distance between a structure, sewage treatment system, road, highway, property line, or other facility, from an ordinary high water level of the top of a bluff.

Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in MPCA Rules Chapter 7080.

Sewer system means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback.

Shoreland means land located within the following distance from public waters:

(1)

One thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and

(2)

Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater.

The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Minnesota Commissioner of Natural Resources.

Sign means any outdoor structure either stationary or movable containing any writing, announcements, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the distribution of any merchandise or the sale of property or service of any person.

Sign, advertising means a sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located.

Sign, business means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located.

Significant historic site means any archeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.

Solar collector means any device or structure, or combination thereof, that collects solar radiation and converts it to chemical, electrical, mechanical and thermal energy.

Solar energy means radiant energy (direct, defuse, and reflected) received from the sun.

Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal distances of fifty (50) feet or more, that are not bluffs.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story.

Street means a dedicated private or public right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property, and shall also include avenue, highway, or road, excepting existing public right-of-way of lesser width.

Structure means anything constructed or erected on, or connected to the ground.

Subdivision means land that is divided for the purpose of sale, rent, or lease, including planned unit development.

Surface water-oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.

Toe of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of bluff shall be determined to be the lower end of a fifty-foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent.

Top of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of bluff shall be determined to be the upper end of a fifty-foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent.

Use means the purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity or defined by the performance standards in this chapter.

Use, accessory means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

Use, principal means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional.

Use, substandard means any use of shorelands existing prior to June 30, 1986 which is permitted within the applicable zoning district but does not meet the minimum lot area and length or water frontage, structural setbacks, or other dimensional standards of the shoreland management district.

Variance means a modification or variation from provisions of this chapter applying to a particular parcel of property because of undue hardship due to circumstances peculiar and unique to the parcel. Variances shall be limited to height, bulk, density and yard requirements.

Waterfront lots means unplatted land or platted lots whose property line abuts a DNR designated lake or stream.

Water-oriented accessory structure means a watercraft and watercraft equipment storage structure, which, because of the relationship of its use to public water, is located closer to the public water than the normal structure setback. Boathouses given the meaning under M.S., § 103G.245 are not water-oriented accessory structures. Any structure which complies with the normal structure setback from the public water is not a water-oriented accessory structure.

Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), which is hereby incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change.

Wind energy conversion system (WECS) means any device that converts wind power to useable energy, such as electricity or heat. Such devices include: wind charges, windmills, and wind turbines.

Yard means an open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

Yard, corner means a yard extending along a street right-of-way which is not a front yard.

Yard, front means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

Yard, rear means a yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

Yard, side means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

Zoning district means an area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use are uniform.

(Ord. No. 86-4, § 7.02, 6-30-86; Ord. No. 89-13, § I, 9-25-89; Ord. No. 92-13, 12-14-92; Ord. No. 96-7, 9-23-96; Ord. No. 2016-06 , 10-24-16; Ord. No. 2017-07 , 7-31-17; Ord. No. 2018-14 , 6-25-18; Ord. No. 2022-14 , § 1, 1-9-23)

This chapter is adopted for the purpose of:

(1)

Protecting the public health, safety, morals, comfort, convenience and general welfare.

(2)

Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land.

(3)

Promoting orderly development of the residential, business, industrial, recreational and public areas.

(4)

Providing for adequate light, air and convenience of access to property by regulating the use of land and buildings and the bulk of buildings in relation to surrounding properties.

(5)

Limiting congestion in the public rights-of-way.

(6)

Providing for the compatibility of different land uses and the most appropriate use of land throughout the city.

(7)

Providing for the administration of this chapter and amendments thereto.

(8)

Defining the powers and duties of the administrative officers and bodies.

(9)

Prescribing penalties for the violation of the provisions of this chapter or any amendment thereto.

(Ord. No. 86-4, § 7.01(1), 6-30-86)

It is the policy of the city that the enforcement, amendment and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended from time to time by the planning commission and the city council. The city council recognizes the comprehensive plan as the policy for responsibility to regulate land use and development in accordance with the policies and purpose herein set forth.

(Ord. No. 86-4, § 7.01(2), 6-30-86)

(a)

In interpretation and application, this chapter shall be held to the minimum requirements for the promotion of public health, safety, and welfare.

(b)

Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirement shall prevail.

(c)

No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter.

(d)

Except as herein provided no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

(Ord. No. 86-4, § 7.01(3), 6-30-86)

All measured distances shall be to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken.

(Ord. No. 86-4, § 7.01(4), 6-30-86)

(a)

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

(b)

The following provisions are applicable to nonconformities:

(1)

Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended.

(2)

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 no extend or intensify the nonconforming use.

(3)

No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted on June 30, 1986 unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.

(4)

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be physically changed to any nonconforming use.

(5)

A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been so changed, it shall not thereafter be so altered to increase the nonconformity.

(6)

If at any time a nonconforming building, structure or use shall be destroyed by fire or other peril to the extent of more than fifty (50) percent of its fair market value, the value to be determined by the county assessor and the building official, then without any further action by the council, the building and the land on which such building was located or maintained shall one hundred eighty (180) days after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located, unless a building permit has been applied for within that one-hundred-eighty-day time period. The city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than fifty (50) percent of the required setback from the water is destroyed by fire or other peril to greater than fifty (50) percent of its estimated market value, the value to be determined by the county assessor and the building official, the structure's setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent within a one-year period. The estimate of the extent of damage or destruction shall be made by the county assessor and the building official.

(7)

Whenever a lawful nonconforming use of a structure or land is discontinued for a period of more than one (1) year, any future use of said structure or land shall be in conformity with the provisions of this chapter.

(8)

Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building.

(9)

All nonresidential, nonconforming buildings, structures and uses shall be screened on the side and rear yards from abutting and surrounding residential uses in compliance with article VII.

(10)

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

(11)

An accessory structure relating to a lawful, nonconforming residential usage may be permitted to be constructed or expanded providing the zoning requirements for an accessory structure in a residential zone are complied with and the accessory structure is detached from the principal building.

(Ord. No. 86-4, § 7.03, 6-30-86; Ord. No. 90-12, 10-22-90; Ord. No. 2012-02, § 1, 2-27-12)