Kasson City Zoning Code
INTERPRETATION
§ 154.020 GENERAL APPLICATION.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Kasson.
(Ord. 879, passed 10-28-2020)
§ 154.021 RELATIONSHIP TO THE COMPREHENSIVE PLAN.
The regulations established herein are derived from and established in accordance with the City of Kasson Comprehensive Plan. This Title provides regulations to implement the goals, objectives, policies and recommendations of the City of Kasson Comprehensive Plan. References to the contents of the City of Kasson Comprehensive Plan are contained herein.
(Ord. 879, passed 10-28-2020)
§ 154.022 REPEAL, EFFECTIVE DATE AND TRANSITION STANDARDS.
(A) All other ordinances or parts of ordinances of the city inconsistent or conflicting with this chapter, to the extent of the inconsistency or conflict only, are hereby repealed.
(B) Permits. The provisions of this chapter shall apply to all permits filed on or after October 28, 2020. Permit applications on file before October 28, 2020 shall be reviewed for compliance with the Title effective at the time of filing.
(Ord. 879, passed 10-28-2020)
§ 154.023 CONFLICTING REGULATIONS OR PROVISIONS.
(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Wherever the chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of the chapter shall govern except as otherwise provided in state statutes or rules.
(B) Where the provisions of state law or other city regulation or ordinance set higher standards than those of this chapter, the provisions of the laws, regulations or ordinances shall apply.
(Ord. 879, passed 10-28-2020)
§ 154.024 USE OF GRAPHICS, ILLUSTRATIONS, FIGURES, PHOTOS AND CROSS-REFERENCES.
(A) Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
(B) In some instances, cross-references between chapters, articles, parts, sections, and subsections are provided that include the chapter, division, section or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(Ord. 879, passed 10-28-2020)
§ 154.025 NONCONFORMITIES.
(A) Purpose.
(1) The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained.
(2) 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.
(3) Furthermore, it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity.
(B) Continuation. 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 the date, except as hereinafter specified or subsequently amended.
(C) Extension. A nonconforming structure or use may be improved; provided, no structural alterations or changes are made therein, except those required by law or ordinance or such as may be required for safety or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life.
(D) Maintenance of building or structure. Normal maintenance of a building or structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
(E) Damage.
(1) Any nonconforming building or structure damaged more than 50% of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God or public enemy, shall not be restored or reconstructed and used as before the happening.
(2) If less than 50% damaged above the foundation, it may be restored, reconstructed or used as before; provided that:
(a) It is done within 12 months of the happening; and
(b) It be built of like or similar materials, or the architectural design and building materials are approved by the Planning and Zoning Commission.
(3) The extent of damage or destruction shall be the mean of a value of damage determined by the Building Official and the insurance agent. Each shall submit a statement of the value of damage to the city.
(F) Change in use.
(1) A nonconforming use cannot be changed to a comparable nonconforming use.
(2) Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a nonconforming use.
(G) Discontinuance. In the event that a nonconforming use of any building, structure or land is discontinued for a period of one year, any future use of the building, structure or land shall be made to conform with the provisions of this chapter.
(H) Land. The nonconforming lawful use of land where a structure thereon is now so employed or existing at the time that this chapter becomes effective may be continued provided:
(1) The nonconforming use of land shall not, in any way, be expanded, extended or intensified either on the same or adjoining property; and
(2) If the nonconforming use of land, existing at the time this chapter became effective, is thereafter discontinued or changed, then the future use of the land shall be in conformity with the provisions of this chapter.
(I) Zone changes. The foregoing provisions relative to nonconforming uses shall apply to structures, buildings, land and uses which hereafter become nonconforming due to classification or reclassification of districts under this chapter.
(Ord. 879, passed 10-28-2020)