Itasca City Zoning Code
§ 5.04
RESTRICTIONS OF NON-CONFORMING BUILDINGS, STRUCTURES AND USES THEREOF.
1. Repairs and Alterations: Ordinary repairs and alterations may be made to a non-conforming building or structure provided that no structural alterations shall be made in or to such building or structure, all, or substantially all, of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs shall include the replacement of storage tanks where the safety or operation of the installation requires such replacement.
2. Additions and Enlargements: A non-conforming building or structure which is non-conforming as to bulk may be added to or enlarged provided such addition or enlargement shall not create either an additional nonconformity or increase the existing nonconformity of all or any part of the building or structure, except for second-story additions as provided below.
For the purposes of this Ordinance, second-story additions that are nonconforming as to bulk, that have an interior side yard less than six (6) feet in width and greater than or equal to three (3) feet in width, and that do not extend beyond the existing building footprint, shall be permitted if and only if the interior side yard of the property adjoining the subject site is a least six (6) feet in width and the subject property's front yard is a minimum of twenty-five (25) feet in length, as measured from the front lot line.
3. Moving: No building or structure which does not conform to all of the regulation of the district in which it is located shall be moved, in whole or in part, to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved.
4. Restoration of Damaged Non-Conforming Building: A building or structure, all, or substantially all, of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty (50) percent restored unless said building or structure new, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than fifty (50) percent of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of the partial destruction and is diligently prosecuted to completion.
5. Discontinuance of Use of Non-Conforming Building or Structure: A building or structure, or portion thereof, all, or substantially all, of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date of this Ordinance or thereafter, becomes vacant and remains unoccupied, or is not used for a continuous period of six (6) months, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.
6. Expansion of Use in Non-Conforming Building or Structure: The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations and the use thereof conforms to all the regulations of the district in which the building or structure is located.
7. Change of Use in Non-Conforming Building or Structure: The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, or to a use permitted in a more restrictive district; but no change shall extend or otherwise modify any provision made in this Ordinance for elimination of such non-conforming building or structure and the use thereof. For the purpose of this subsection only, the R-1 Single-Family Residence District shall be considered the most restrictive and the Limited Manufacturing district the least restrictive district.
8. Elimination of Non-Conforming Building or Structure: In Residence Districts, any building or structure, all or substantially all of which is designed or intended for a use permitted only in a Business or Manufacturing District, shall be removed, or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located within six (6) months after the expiration of the respective periods of time set forth hereafter which are fixed as the normal useful like of said building and structure.
In B-1 and B-2 Business districts, any building or structure, all or substantially all of which is designed or intended for use permitted only in a B-3 Service Business or Manufacturing District, shall be removed, or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located within six (6) months after the determination of the respective periods of time set forth hereafter which are fixed as the normal useful life of said building and structure.
a. Assesses Valuation more than $15,000: In accordance with the types of construction classifications set forth in the Itasca Building Code:
(1) Type 1: Fireproof Construction and Type 2: Non-Combustible Construction: Forty (40) years from date of building permit or twenty-five (25) years from effective date of this Ordinance whichever last occurs.
(2) Type 3: Exterior Masonry Wall Construction: Thirty (30) years from date of building permit of twenty (20) years from effective date of this Ordinance, whichever last occurs.
(3) Type 4: Frame Construction: Twenty (20) years from date of building permit or ten (10) years from effective date of this Ordinance whichever last occurs.
b. Assessed Valuation at least $7,500, but not more than $15,000: Eight (8) years from date of building permit or four (4) years from the effective date of this Ordinance whichever last occurs.
c. Assessed Valuation under $7,500: Four (4) years from date of building permit or two (2) years from the effective date of this Ordinance whichever last occurs.
The non-conforming use of a building or structure shall be terminated at the end of the amortization period for said building our structure, as set forth in this paragraph 8., and shall not thereafter be operated on the premises.
(Ord. 963-97, passed 4-8-97; Am. Ord. 1088-01, passed 5-01-01)