Forest Lake City Zoning Code
NONCONFORMITIES
§ 153.050 PURPOSE.
(A) 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 1 or more of the requirements of this chapter.
(B) It is the intent of this chapter to regulate the nonconforming situations to accomplish the following:
(1) Recognize the existence of uses, dimensional and intensity characteristics of structures, properties, and site features that were lawful when established before the effective date of this chapter, but which no longer meet all of the chapter requirements;
(2) Regulate the enlargement, expansion, intensification, or extension of any nonconformity or any increase in the impact of a nonconformity on adjacent properties; and
(3) Encourage the elimination of nonconforming uses or reduction of their impact on adjacent properties.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.051 NONCONFORMING USES.
A nonconforming use may continue at the size, intensity, and in the manner of operation existing upon the date it became nonconforming subject to the following and as permitted by Minnesota State Statute.
(A) Agricultural and livestock operations. All agricultural, farming, and livestock operations being conducted in compliance with the terms of this chapter shall not be deemed a nonconforming use or a violation of this chapter notwithstanding the fact that there may have been changes in the surrounding character of the area.
(B) There shall be no expansion, enlargement, intensification, replacement, structural change, alteration, or relocation of any use or any site element of any nonconforming land use except to make it conforming or as allowed by Minnesota State Statutes or this chapter;
(C) Except as otherwise provided in this chapter, a nonconforming use may be repaired, replaced, maintained, or improved, but not expanded;
(D) Regulation and expansion of nonconforming uses. The city may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. Legally established nonconforming uses may be expanded with a Conditional Use Permit as follows: nonconforming uses in residential zoning districts may be expanded with a conditional use permit.
(E) A nonconforming use may not be changed to a different nonconforming use;
(F) When any nonconforming use has been changed to a conforming use, it may not be later changed to a nonconforming use;
(G) A nonconforming use may be changed to lessen the nonconformity, but once lessened, the use may not be changed to increase the nonconformity;
(H) A nonconforming use may not be re-established if discontinued for a continuous period of 1 year from the date of discontinuance. Following the expiration of this time period, only those uses classified as permitted or conditional, if approved by the City Council, may be allowed by this chapter;
(I) Any nonconforming use that requires a license, permit, or other evidence of city approval initially issued
lawfully prior to the nonconformity may be conducted in accordance with the terms of the city’s approval, provided that the use has not been abandoned for a continuous period of 1 year or more. The license, permit, or other evidence of city approval ceases at the time the nonconformity ceases to exist; and
(J) If a structure housing a nonconforming use is destroyed by fire or other peril to the extent greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged, then a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 669, passed 12-4-2017; Am. Ord. 736, passed 4-22-2024)
§ 153.052 NONCONFORMING LOT OF RECORD.
Any separate lot or parcel that was legally created and is of record with the Washington 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 or parcel 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, indicate the private road can support emergency vehicles, and specify that provisions exist for ongoing maintenance of the private road;
(B) A vacant lot or parcel served by public sewer may be used for a permitted use by the provision of the zoning district, provided that all setback and lot coverage requirements can be met;
(C) A vacant lot or parcel not served by public sewer can be used for a permitted use, provided it has at least 1 acre of buildable area and it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve the use and meet required setbacks and lot coverage;
(D) If in the case of 2 or more contiguous lots or parcels of land under single ownership (not located in the Shoreland Overlay Zone) any individual lot or parcel does not meet the minimum requirements of this chapter, the 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 that the combination of lots will equal 1 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 and not conforming with the provisions of the existing zoning district;
(E) Two or more contiguous lots or parcels of land under single ownership located in the Shoreland Overlay Zone may be considered a separate parcel for purposes of sale or development as long as it meets the following requirements:
(1) The lot of record is 66% of the state shoreland dimensional width and size standards in Minnesota Rules Ch. 6120;
(2) The lot of record is connected to a public sewer, if available, or otherwise suitable to have a Type 1 sewer treatment system installed that meets the requirements of Minnesota Rules Ch. 7080 and other local controls;
(3) The lot of record does not exceed 25% impervious surface by area;
(4) Development of the lot would be consistent with an adopted local comprehensive plan.
(F) A conforming lot shall not be reduced in size so that it becomes nonconforming in any respect under the premises of this chapter. A nonconforming lot shall not be reduced in size;
(G) 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;
(H) 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;
(I) A structure destroyed or damaged by any means may be reconstructed on a nonconforming lot within 1 year of the date of the destruction of the original structure, and reasonable progress shall be made in completing the project for this section to be applicable. A building permit must be obtained prior to construction of a new structure, and it shall be constructed in compliance with all other applicable codes and regulations.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.053 NONCONFORMING RESIDENTIAL STRUCTURES.
Any structure existing on the effective date of this chapter which is not in conformity with the regulations contained in this chapter shall be allowed to continue subject to the following:
(A) An existing residential structure of any type meeting a minimum of 60% of the required side yard setback, but not less than 6 feet may be considered conforming. The conforming structure shall meet the required setbacks from the public right-of-way, rear lot line, wetland, lake, sewer treatment system, and well;
(B) Nonconforming structures may not be enlarged or altered in a way that increases their nonconformity unless in compliance with the following:
(1) Expansion or alteration of a structure found to be nonconforming might be permitted, provided the expansion complies with the requirements of this chapter;
(2) Additions to detached single-family and two-family dwellings not meeting the required side yard setback, but not less than 6 feet from the side lot line, may have an addition at the existing side yard setback;
(3) Long-term sewage disposal needs can be met on lots that are not served by public sewer.
(C) Should a structure be destroyed by any means to an extent of more than 50% of its market value at time of destruction, the building may be reconstructed to its original condition provided that a building permit has been applied for within 180 days of the damage or destruction. After 180 days, its shall not be reconstructed except in conformity with the provisions of this chapter;
(D) 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.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)
§ 153.054 NONCONFORMING SITE AND BUILDING IMPROVEMENTS.
(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 replaced or otherwise brought into conformance with this chapter.
(B) A building permit may be issued for a portion of a multiple occupancy building without bringing the existing site improvements for the entire property into compliance with this chapter if the nonconformity is not increased.
(C) If a multiple occupancy building becomes completely vacant, its site improvements must be brought into compliance with this chapter before any future occupancy.
(D) When expansion of an existing nonconforming site improvement is required, the newly constructed portion of the site improvement must meet all requirements of this chapter.
(E) When an existing building is expanded at or over 50% of the existing square footage or building value (based on latest assessed value), whichever is less, the entire building including the existing facade and new expansion shall meet the building design requirements as determined by this chapter including the Forest Lake design requirements.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)