Mounds View City Zoning Code
NON-CONFORMING BUILDINGS
STRUCTURES AND USES
§ 160.375 PURPOSE.
It is the purpose of this subchapter to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non- conforming buildings, structures and uses will be operated and maintained. 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 non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this chapter that all non-conforming uses shall be eventually brought into conformity.
(Prior Code, § 1123.01)
§ 160.376 CONTINUANCE OF NON-CONFORMING USES.
(A) Continuance of use.
(1) General. Any structure or use lawfully existing prior to a revision to this chapter or a change in a zoning district designation which makes the structure or use non-conforming shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended.
(2) Parking areas for non-residential uses, allowed by conditional use permit, in the R-1, R-2, R-3, R-4 and R-5 districts. Parking areas in existence as of the date of enactment of this section, and having setbacks which are non-conforming with respect to setback requirements stated in § 160.055(D) of this chapter, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the section in effect at the time of original construction; except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development.
(3) Day care centers and group nurseries. Day care centers and group nurseries in existence as of the date of the enactment of Ord. 595, having a play yard less than 200 feet from the Highway 10 right-of-way line, shall not be considered a non-conforming use, and any structure or play yard on the premises may be reconstructed, expanded or enlarged as long as the setback of the play yard from the Highway 10 right-of-way line is not made less by the reconstruction, expansion or enlargement.
(B) Prior construction permits. Any proposed structure which will, under this chapter, become non- conforming, but for which a building permit has been lawfully granted prior to the effective date hereof, may be completed in accordance with the approved plans; provided, construction is started within 60 days of the effective date hereof, is not abandoned for a period of more than 120 days and continues to completion within two years. The structure and use shall thereafter be a legally non-conforming structure and use.
(Prior Code, § 1123.02) (Ord. 584, passed 07-15-1996; Ord. 590, passed 11-26-1996; Ord. 595, passed 04-14-1997)
§ 160.377 DISCONTINUANCE OF NON-CONFORMING USES.
Whenever a lawful non-conforming use of a structure or land is discontinued for a period of more than one year, any future use of the structure or lands shall be made to conform with the provisions of this chapter.
(Prior Code, § 1123.03) (Ord. 970, passed 01-03-2020)
§ 160.378 CHANGE OF NON-CONFORMING USES.
(A) Change to conforming use. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(B) Change to lessen non-conformity. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.
(Prior Code, § 1123.04)
§ 160.379 REPAIRS AND MAINTENANCE.
(A) Repairs. Nothing in this chapter shall prevent the repair of a structure to a safe condition. When the structure is declared unsafe by the Building Inspector, the necessary repairs shall not constitute more than 50% of the fair market value of the structure. The value shall be determined by the Council.
(B) Maintenance. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(Prior Code, § 1123.05)
§ 160.380 ALTERATIONS.
Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof; provided, they will not increase the number of dwelling units or size or volume of the buildings.
(Prior Code, § 1123.06)
§ 160.381 DAMAGE AND DESTRUCTION.
If, at any time, a non-conforming building, structure or use shall be destroyed to the extent of more than 50% of its fair 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, any future use of the structure or lands shall be made to conform with the provisions of this chapter.
(Prior Code, § 1123.07) (Ord. 970, passed 01-03-2020)
§ 160.382 MOVING BUILDINGS.
No non-conforming 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 effective date hereof unless the movement shall bring the non- conformance into compliance with the requirements of this chapter.
(Prior Code, § 1123.08)