Lake Elmo City Zoning Code

ARTICLE VI

NONCONFORMING USES, BUILDINGS AND STRUCTURES

105.12.340 Application

Application, generally. Except as provided in this chapter, no building or structure shall be erected, moved, altered, or extended and no land, building, or structure or part of the building, shall be occupied or used unless in conformity with regulations specified in this chapter for the district in which it is located.
Application to existing structures. This chapter shall not apply to existing buildings and structures, nor to the existing use of any structure, or land to the extent of the use on the effective date of the ordinance from which this chapter is derived. This chapter shall apply to any change in use, to any intensification of the nonconforming use, to any movement of a building or structure, or to any expansion of a structure which may result in the generation of additional sewage for on-site disposal.
Use defined. For the purpose of this chapter, the term "use" shall mean:
1. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or
2. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure, or on a tract of land.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.350 Nonconforming Uses, Buildings And Structures

Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nonconforming building or nonconforming structure means any building or structure lawfully existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Nonconforming use means any lawful use of land or any lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived, or any amendment to this chapter which use does not conform with the regulations for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Preservation of nonconforming uses. Except as provided in this chapter, the lawful use of land or the lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be continued through repair, replacement, restoration, maintenance, or improvement, although the use does not conform to the provisions of this chapter, except as otherwise provided in this section. The continuation of the nonconforming use does not include expansion, except as otherwise permitted by this section.
Preservation of dimensionally substandard buildings or structures. Except as provided in this chapter, buildings structures lawfully existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be maintained although the building or structure does not conform to the dimensional standards of this chapter. However, any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed the ten percent of the minimum setback requirements. Additionally, the alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard dimensions.
Unlawful uses, buildings, and structures. No unlawful use of property existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, nor any building or structure which is unlawfully existing on the effective date shall be deemed a nonconforming use or a nonconforming building or structure.
Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter may be completed and occupied in accordance with the requirements of any valid building permit issued for the construction prior to the effective date.
Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided the change is approved by the board of adjustment and appeals as provided in this chapter. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
Change of use with approval of the board of adjustment. A nonconforming use all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the board of adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the board of adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazards; and hours and manner of operation.
Restoration of nonconforming building or structure. A nonconforming use, building or structure which is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, may be restored and the occupancy or use of the building, structure, or part of the structures which existed at the time of the partial destruction, may be continued or resumed. In this case, the city may impose reasonable conditions upon a 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 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a building permit to mitigate created impacts on the adjacent property or water body.
Abandonment of use. When any nonconforming use of land or of a building or structure is discontinued for a period in excess of one year, the land, building, or structure shall not be allowed to continue as a nonconforming use and any subsequent use or occupancy of the land, building or structure shall be a conforming use or occupancy.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253

Lake Elmo City Zoning Code

ARTICLE VI

NONCONFORMING USES, BUILDINGS AND STRUCTURES

105.12.340 Application

Application, generally. Except as provided in this chapter, no building or structure shall be erected, moved, altered, or extended and no land, building, or structure or part of the building, shall be occupied or used unless in conformity with regulations specified in this chapter for the district in which it is located.
Application to existing structures. This chapter shall not apply to existing buildings and structures, nor to the existing use of any structure, or land to the extent of the use on the effective date of the ordinance from which this chapter is derived. This chapter shall apply to any change in use, to any intensification of the nonconforming use, to any movement of a building or structure, or to any expansion of a structure which may result in the generation of additional sewage for on-site disposal.
Use defined. For the purpose of this chapter, the term "use" shall mean:
1. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or
2. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure, or on a tract of land.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.350 Nonconforming Uses, Buildings And Structures

Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nonconforming building or nonconforming structure means any building or structure lawfully existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Nonconforming use means any lawful use of land or any lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived, or any amendment to this chapter which use does not conform with the regulations for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Preservation of nonconforming uses. Except as provided in this chapter, the lawful use of land or the lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be continued through repair, replacement, restoration, maintenance, or improvement, although the use does not conform to the provisions of this chapter, except as otherwise provided in this section. The continuation of the nonconforming use does not include expansion, except as otherwise permitted by this section.
Preservation of dimensionally substandard buildings or structures. Except as provided in this chapter, buildings structures lawfully existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be maintained although the building or structure does not conform to the dimensional standards of this chapter. However, any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed the ten percent of the minimum setback requirements. Additionally, the alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard dimensions.
Unlawful uses, buildings, and structures. No unlawful use of property existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, nor any building or structure which is unlawfully existing on the effective date shall be deemed a nonconforming use or a nonconforming building or structure.
Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter may be completed and occupied in accordance with the requirements of any valid building permit issued for the construction prior to the effective date.
Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided the change is approved by the board of adjustment and appeals as provided in this chapter. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
Change of use with approval of the board of adjustment. A nonconforming use all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the board of adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the board of adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazards; and hours and manner of operation.
Restoration of nonconforming building or structure. A nonconforming use, building or structure which is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, may be restored and the occupancy or use of the building, structure, or part of the structures which existed at the time of the partial destruction, may be continued or resumed. In this case, the city may impose reasonable conditions upon a 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 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a building permit to mitigate created impacts on the adjacent property or water body.
Abandonment of use. When any nonconforming use of land or of a building or structure is discontinued for a period in excess of one year, the land, building, or structure shall not be allowed to continue as a nonconforming use and any subsequent use or occupancy of the land, building or structure shall be a conforming use or occupancy.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

08-253

Lake Elmo City Zoning Code

ARTICLE VI

NONCONFORMING USES, BUILDINGS AND STRUCTURES

105.12.340 Application

Application, generally. Except as provided in this chapter, no building or structure shall be erected, moved, altered, or extended and no land, building, or structure or part of the building, shall be occupied or used unless in conformity with regulations specified in this chapter for the district in which it is located.
Application to existing structures. This chapter shall not apply to existing buildings and structures, nor to the existing use of any structure, or land to the extent of the use on the effective date of the ordinance from which this chapter is derived. This chapter shall apply to any change in use, to any intensification of the nonconforming use, to any movement of a building or structure, or to any expansion of a structure which may result in the generation of additional sewage for on-site disposal.
Use defined. For the purpose of this chapter, the term "use" shall mean:
1. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or
2. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure, or on a tract of land.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021

105.12.350 Nonconforming Uses, Buildings And Structures

Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nonconforming building or nonconforming structure means any building or structure lawfully existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Nonconforming use means any lawful use of land or any lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived, or any amendment to this chapter which use does not conform with the regulations for the district in which it is located after the effective date of the ordinance from which this chapter is derived or the amendment.
Preservation of nonconforming uses. Except as provided in this chapter, the lawful use of land or the lawful use of a building or structure existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be continued through repair, replacement, restoration, maintenance, or improvement, although the use does not conform to the provisions of this chapter, except as otherwise provided in this section. The continuation of the nonconforming use does not include expansion, except as otherwise permitted by this section.
Preservation of dimensionally substandard buildings or structures. Except as provided in this chapter, buildings structures lawfully existing on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment to this chapter may be maintained although the building or structure does not conform to the dimensional standards of this chapter. However, any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed the ten percent of the minimum setback requirements. Additionally, the alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard dimensions.
Unlawful uses, buildings, and structures. No unlawful use of property existing on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter, nor any building or structure which is unlawfully existing on the effective date shall be deemed a nonconforming use or a nonconforming building or structure.
Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of the ordinance from which this chapter is derived or any amendment to this chapter may be completed and occupied in accordance with the requirements of any valid building permit issued for the construction prior to the effective date.
Change from one nonconforming use to another. A nonconforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided the change is approved by the board of adjustment and appeals as provided in this chapter. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
Change of use with approval of the board of adjustment. A nonconforming use all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the board of adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the board of adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazards; and hours and manner of operation.
Restoration of nonconforming building or structure. A nonconforming use, building or structure which is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, may be restored and the occupancy or use of the building, structure, or part of the structures which existed at the time of the partial destruction, may be continued or resumed. In this case, the city may impose reasonable conditions upon a 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 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a building permit to mitigate created impacts on the adjacent property or water body.
Abandonment of use. When any nonconforming use of land or of a building or structure is discontinued for a period in excess of one year, the land, building, or structure shall not be allowed to continue as a nonconforming use and any subsequent use or occupancy of the land, building or structure shall be a conforming use or occupancy.

HISTORY
Adopted by Ord. 08-253 on 11/3/2021