Lakeville City Zoning Code
CHAPTER 15
NONCONFORMING BUILDINGS, STRUCTURES AND USES
11-15-1: PURPOSE:
It is the purpose of this chapter 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. This zoning title 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. Furthermore, it is the intent of this chapter that all nonconforming uses shall be eventually brought into conformity. (Ord. 674, sec. 1, 7-17-2000)
11-15-3: GENERAL PROVISIONS:
A. Conditional Uses/Interim Uses/Uses By Administrative Permit: Any legal nonconforming structure or use that is herein classified as a conditional use, interim use, or use by administrative permit may be continued in like fashion and activity and shall automatically be considered as having received the applicable approval. Any change to such a use, including, but not limited to, building and/or site alteration, shall however require a new permit be processed according to this title.
B. Moving Nonconforming Buildings: Subject to section 11-17-25 of this title, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time it became a legal nonconformity, unless such movement will reduce the nonconformity.
C. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming.
D. Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this chapter, unless:
1. The nonconformity or occupancy is discontinued for a period of more than one year; or
2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the city of Lakeville may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
E. The city may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.
F. Definitions: For the purposes of this section, the following terms shall be defined as follows:
EXPANSION, ENLARGEMENT, OR INTENSIFICATION: | Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. |
IMPROVEMENT: | Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. |
REPLACEMENT, RECONSTRUCTION OR RESTORATION: | Construction that exactly matches preexisting conditions. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 18-21, 5-17-2010; Ord. 1065, 4-4-2022) |
11-15-5: NONCONFORMING USES:
A. Effective Date: (Rep. by Ord. 815, sec. 2, 12-18-2006)
B. Changes To Nonconforming Uses:
1. When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
2. A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 867, sec. 22, 5-17-2010)
C. Discontinuance: (Rep. by Ord. 815, sec. 2, 12-18-2006)
D. Normal Maintenance: Maintenance of a building or other structure containing or used by a nonconforming use will be allowed when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use. (Ord. 674, sec. 1, 7-17-2000)
11-15-7: NONCONFORMING BUILDINGS AND STRUCTURES:
A. Proposed Structure: Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure.
B. Alterations: Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided:
1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this title.
2. The alterations do not increase the building occupancy capacity or parking demand.
3. The alteration does not increase the degree of the nonconforming condition of the building, site or the use.
C. Expansion Of Legal Nonconforming Buildings Or Structures:
1. Administrative Approvals: The following expansions of legal nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the zoning administrator subject to the provisions of chapter 8 of this title. The zoning administrator shall make a determination that the building expansion will comply with the intent and purpose of this chapter and this title.
a. Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this title.
b. Expansion of nonconforming detached accessory structures shall not be allowed.
c. Expansion of principal buildings within the Floodplain Overlay District shall comply with section 11-101-29 of this title.
d. Expansion of principal buildings within the Shoreland Overlay District shall comply with section 11-102-15.B of this title.
2. Conditional Use Permit: Legal nonconforming commercial, industrial, public, semipublic, and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided:
a. The expansion will not increase the nonconformity of the building or site.
b. The new building expansion will conform to all the applicable performance standards of this title. A conditional use permit shall not be issued under this chapter for a deviation from other requirements of this title unless variances are also approved.
11-15-9: NONCONFORMING LOTS:
A. General Restriction: No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the City, except as otherwise provided for by this title.
B. Required Merger Of Common Ownership Lots: Except as provided for in section 11-102-15 of this title or as may otherwise be allowed pursuant to this chapter, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more zoning lots each meeting the full lot requirements of this title lessening the nonconformity.
1. The designation of a zoning lot pursuant to this section shall be approved by the Zoning Administrator if the zoning lot complies with the lot requirements of the district in which it is located and will have a single tax identification number.
2. Interior lot lines within a designated zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards.
3. The subdivision of a designated zoning lot shall be in accordance with title 10 of this Code. (Ord. 867, sec. 24, 5-17-2010)
C. Vacant Or Redeveloped Lots: Except in environmental protection districts established in chapter 45 of this title, legal, nonconforming, vacant lots of record may be developed for single- family detached dwellings upon approval of a conditional use permit, provided that:
1. Legally Established: The lot in question was legally established in accordance with requirements of this title.
2. Allowed Use: Single-family residential dwellings are an allowed use within the base zoning district.
3. Minimum Lot Size:
a. Sewered Lots: A legal nonconforming lot having direct access, as determined by the City Engineer, to Municipal sewer shall be considered buildable provided measurements for lot area and/or width meet minimum requirements or are sixty six percent (66%) of the requirement of the base zoning district.
b. Unsewered Lots: A legal nonconforming lot not having access to Municipal sewer shall be considered buildable provided it complies with section 11-17-19 of this title.
c. Shoreland Overlay District: The lot shall not have more than twenty five percent (25%) impervious surface if located within the Shoreland Overlay District.
4. Access: The lot in question has frontage on and will directly access an improved public street.
5. Health Concerns: Public health concerns (potable water and sanitary sewer) can be adequately addressed.
6. Setback And Yard Requirements: The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the Comprehensive Plan and this title. (Ord. 979, 5-15-2017)
D. Developed Lots: An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this title. (Ord. 867, sec. 24, 5-17-2010)