Isanti City Zoning Code
ARTICLE 19
NON-CONFORMING BUILDINGS, STRUCTURES AND USES
§ 350-19-1 Purpose.
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 within this chapter, an existing lot, structure, or use does not conform to one or more of the requirements of this chapter. It is the general policy of the City to allow uses, structures, and lots that came into existence legally in conformance with then-applicable requirements to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. It is the intent of this section to regulate such non-conforming situations to accomplish the following:
A.
Recognize the existence of lots, structures, or uses that were lawful when established before the effective date of this chapter, but which no longer meet all of the Ordinance requirements.
B.
Regulate the enlargement, expansion, intensification, or extension of any non-conformity or any increase in the impact of a non-conformity on adjacent properties.
C.
Place reasonable limits on the expansion of non-conformities that have the potential to adversely impact surrounding properties and the City as a whole.
§ 350-19-2 Existing Use, Building, or Lot.
A.
Any established use, building or lot legally existing which is herein classified in this chapter as requiring a conditional use or interim use permit may be continued in like fashion and activity and shall automatically be considered as having received the necessary permit approvals. Any change to such use, building, or lot shall however require a new conditional use or interim use permit be processed in accordance with Article 21 of this chapter.
B.
No nonconforming building, structure, or use shall be moved to another lot or to any other part of the parcel, or lot upon which the same was constructed or was conducted at the time of this chapter adoption, unless such movement shall bring the nonconformance into compliance with the requirements of this chapter.
C.
If any non-conforming use or structure ceases for any reason during a period of one year or more, any subsequent use of such land or structure shall conform to the regulations specified within this chapter for the Zoning District in which the parcel or structure is located.
§ 350-19-3 Non-conforming Uses.
A.
A building or structure used by a non-conforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
B.
A non-conforming use shall not be changed to another non-conforming use. When any non-conforming use has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
C.
A non-conforming use may be changed to lessen the non-conformity of the use. Thereafter the use may not be so altered as to increase the non-conformity.
D.
A non-conforming use shall not be re-established, if discontinued for a continuous one-year period.
§ 350-19-4 Non-conforming 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 regulations:
A.
Any residential structure which is a non-conforming use as of the effective date of this chapter, and which is damaged by fire, windstorm or other casualty loss may be repaired and restored to its former extent provided restoration is started within a period of 180 days. This time limit may be waived by the Zoning Administrator should practical difficulties be evident. Any decision by the Zoning Administrator may be appealed to the City Council.
B.
Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Zoning Administrator or Building Inspector.
C.
Alterations may be made to a building or other lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units of the building.
D.
Normal maintenance of a building and repairs are permitted, including incidental alterations which do not physically extend or intensify the nonconforming use.
E.
Any non-conforming building or structure may be continued, including through repair, replacement, restoration, maintenance or improvement, but not expansion, unless:
F.
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 or any Amendment may be completed in accordance with the approved plans, provided construction is started within 60 days of the effective date of this chapter. Such structure and use shall thereafter be a legally nonconforming structure and use.
§ 350-19-5 Non-conforming Lots of Record.
Any separate lot or parcel that was legally created and is of record with the Isanti County Recorder's Office, but became non-conforming 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 regulations:
A.
In General. Non-conforming lots may be combined for tax purposes with a contiguous lot or lots, but may not be re-subdivided into a non-conforming lot even if the division is consistent with the original lot configuration.
B.
Vacant lots or parcels.
1.
The lot or parcel shall have frontage on an improved public street or on a private road approved by the City Council. The City Council must, by resolution, specify that the private road is capable of supporting emergency vehicles and specify that there are provisions for the ongoing maintenance of the private road.
2.
A vacant lot or parcel served by public water and sewer may be used for a permitted use by the provision of the zoning district in which it is located providing that all setback and lot coverage requirements can be met.
3.
A vacant lot or parcel not served by public sewer can be used for a permitted use provided it can be demonstrated that a safe and adequate sewage treatment system can be installed to serve such use and meet required setback and lot coverage requirements.
4.
If in the case of two or more contiguous lots or parcels of land under single ownership, said individual lot or parcel does not meet the minimum requirements of this chapter, 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 circumstance 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.
FIGURE 14: Non-conforming Contiguous Parcels  |
5.
A conforming lot shall not be reduced in size so that it becomes non-conforming in any respect under the conditions of this chapter. A non-conforming lot may be reduced in size but only if it is combined with other adjacent existing lots of record.
C.
Developed Non-conforming Lots.
1.
Additions to principal or accessory buildings or structures located on non-conforming lots may be permitted provided that any such addition meets all minimum setback and lot coverage requirements of the zoning district in which it is located.
2.
Non-conforming lots containing a principle structure may add a permitted accessory structure provided that the accessory structure will meet all minimum setback and lot coverage requirements of the zoning district in which is it located.