Menahga City Zoning Code
§ 151.08
NONCONFORMING USES AND STRUCTURES.
(A) Allowed to continue. Any use or structure lawfully existing prior to the effective date of this chapter, or subsequent amendment which made the use or structure nonconforming, may be continued, including through repair, replacement, restoration, maintenance, or improvement, at the size and in the manner of operation existing upon such date, subject to the following conditions:
(1) A nonconforming use or structure shall in no way be expanded, enlarged or extended either on the same property or onto an adjoining lot of record except as expressly allowed in this section. Prohibited expansion, enlargement, or extension shall include anything that increases the intensity of the use including, but not limited to, a change to a more intense nonconforming use or a physical expansion of the existing use that increases the height, volume and/or area dimensions of the nonconforming use. The City Council may allow an expansion or extension of a nonconforming structure without a variance if the expansion or extension does not increase the nonconforming aspect of the structure. To the extent the expansion or enlargement of a nonconforming principal or accessory structure is allowed by this section, no such expansion or enlargement may occur except upon issuance of the appropriate permits and provided that the use of the property conforms to the zoning district regulations, that the expansion or enlargement meets current zoning district regulations, and no other nonconformities are created. All other expansions of nonconforming structures shall require a variance; and
(2) Routine maintenance of a structure containing or relating to a lawful nonconforming use is permitted, including any necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. Nothing in this section prevents the placing of a structure into a safe condition after it has been declared unsafe by the city.
(B) Alterations. Alterations may be made to a building containing nonconforming dwelling units when the alterations will improve the livability of such units, provided that such alterations do not increase the number of dwelling units in the building. Such alterations must be approved by the city.
(C) Damaged. Whenever a nonconforming structure or use is damaged by fire, collapse, flood, explosion, earthquake, war, riot, act of God or public enemy or to the extent of 50% or less of its estimated market value as indicated in the County Assessor’s records at the time of damage, it may be reconstructed upon receipt of all required permits. The nonconforming structure or use shall not be permitted to be reconstructed if the damage is greater than 50% of the estimated market value as indicated in the County Assessor’s records at the time of damage.
(D) Replaced use or structure. When any lawful nonconforming use of any structure or land is replaced by another use or structure, the new use or structure must conform to the provisions of this chapter, and it shall not thereafter be changed to any nonconforming use or structure.
(E) Discontinued. If the nonconforming use of land is discontinued for a period of 12 months, the subsequent use of the land or the structure shall be in conformity with the provisions of this chapter.
(F) Public nuisances. Nonconforming uses or structures which are declared by the city to be public nuisances shall not be allowed to continue as legal nonconforming uses or structures.
(G) Nonconformities in floodplains. No repair, replacement, maintenance, improvement, or expansion of a nonconforming use or structure in a floodplain area shall be allowed if such activity would jeopardize the property’s continued eligibility in the National Flood Insurance Program, would increase flood damage potential, or would increase the degree of obstruction to flood flows in the floodway.
(H) Nonconformities in shorelands. Nonconformities located within the shoreland overlay district are subject to the provisions of M.S. § 462.357, Subdivision 1(e), paragraphs (d) through (j), § 6.2.
(Ord. passed 12- -24)