Minnesott Beach City Zoning Code
NONCONFORMING LOTS
STRUCTURES AND USES
§ 151.110 INTENT.
Within the districts established by this ordinance, there may exist structures and uses of land and structures, which were lawful before the original town zoning ordinance of July 20, 1982 was passed but which were prohibited under that ordinance and its amendment and would be prohibited under the terms of this ordinance. It is the intent of this Unified Development Ordinance to permit these nonconformities to continue but they shall in no case be expanded except as provided for in § 151.112(A).
(Ord. passed 2-10-2009, § 4.1)
§ 151.111 REPAIRS AND MAINTENANCE.
Nothing in this ordinance shall be deemed to prevent maintenance, strengthening or restoring to safe conditions any building or part thereof.
(Ord. passed 2-10-2009, § 4.2)
§ 151.112 NONCONFORMING STRUCTURES DUE TO PHYSICAL RESTRICTIONS.
Except as otherwise provided in Chapter 151 of the Unified Development Ordinance, where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) Nonconforming structures (except accessory buildings/structures) may be enlarged only if the enlarged part of the structure meets the setback and height requirements for the zone in which it is located.
(B) Nothing in this ordinance shall be taken to prevent the restoration of a building damaged to the extent of not more than 75% of its assessed tax value, by fire, explosion or other cause, act of God or the public enemy, nor the continued occupancy or use of the building or part thereof which is existing at the time of the partial destruction. Nonconforming buildings damaged to an extent greater than 75% of the assessed tax value, or buildings voluntarily razed, may be restored or replaced only by meeting the requirements specified for substandard lots of record in § 151.212.
(C) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. passed 2-10-2009, § 4.3; Ord. passed 5-10-2022; Ord. passed 2023, § 2)
§ 151.113 NONCONFORMING USES OF LAND AND/OR BUILDINGS.
Except as otherwise provided in Chapter 151 of the Unified Development Ordinance, where at the time of passage of this ordinance lawful use of land and/or buildings exists, which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful provided:
(A) No nonconforming use shall be enlarged or increased nor extended to occupy a greater area than was occupied at the effective date of adoption or amendment of this ordinance;
(B) If a nonconforming use ceases for any reason for a period of more than 90 days, any subsequent use shall conform to the uses specified by this ordinance for the district involved. Only the Board of Adjustment or the courts can grant extension of this period; and
(C) No additional structures that do not conform to requirements of this ordinance shall be erected in connection with nonconforming uses.
(Ord. passed 2-10-2009, § 4.4; Ord. passed 2023, § 3)