Park Rapids City Zoning Code
NON-CONFORMITIES AND
SUBSTANDARD LOTS OF RECORD
§ 151.100 STATEMENT OF INTENT.
(A) All legally established non-conformities existing as of the date of enactment of this chapter may continue provided that they are managed in accordance with applicable state statutes and the following standards.
(B) It is the intent of this subchapter to regulate non-conforming uses of structures and lots and to provide for their gradual elimination.
(Prior Code, § 66-101) (Ord. passed 2001)
§ 151.101 NON-CONFORMING USES.
(A) Any use lawfully existing upon the effective date of this subchapter may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified.
(B) If such nonconforming use ceases for a continuous period of 1 year, any subsequent use of the building shall be in conformity to the use regulations specified by this subchapter for the district in which such building is located.
(C) Any structure which represents a nonconforming use shall not be rebuilt or reconstructed to its former use and physical dimensions if damaged 50% or more of the current market value by fire, wind, earthquake, explosion, or any other casualty, according to the estimate of the Building Inspector and approved by the Planning Commission (estimates shall be based on current market value and replacement costs); and no building permit has been applied for within 180 days of when the property is damaged.
(D) Non-conforming uses shall not be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
(E) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(F) Nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted on the effective date of this subchapter.
(Prior Code, § 66-102) (Ord. passed 2001; Am. Ord. 376, passed 1-14-2003; Am. Ord. 454, passed 2-28-2006) Penalty, see § 151.999
§ 151.102 NON-CONFORMING STRUCTURES.
(A) Any structure lawfully existing upon the effective date of Ord. 454 may be continued at the size and in a manner of operation upon such date except as hereinafter specified.
(B) An addition or alteration to the outside dimensions of a non-conforming principal structure shall be allowed by building permit provided that:
(1) The principal structure is connected to city sewer pursuant to § 151.130;
(2) All other provisions (dimensional requirements, etc.) of this section are complied with; and
(3) Any addition or alteration to the outside dimensions of a non-conforming structure that cannon meet these provisions must be authorized by a variance pursuant to § 151.245.
(C) Expansion of a principal building found to be non-conforming only by reason of height and yard setback may be allowed provided the expansion does not increase the non-conformance or create a new non-conformance.
(D) No additions shall be allowed to non-conforming accessory structures.
(Prior Code, § 66-105) (Ord. passed 1994; Am. Ord. 454, passed 2-28-2006) Penalty, see § 151.999
§ 151.103 SUBSTANDARD LOTS OF RECORD.
(A) All lots of record existing as of the effective date of this chapter, with the exception of lots located in shoreland areas, may be used for the erection of a structure without meeting the minimum lot area and lot width requirements provided that all other requirements of this chapter are complied with.
(B) (1) All lots of record in shoreland areas existing as of the effective date of this chapter, that do not meet the minimum lot area and lot width requirements, may be allowed as building sites without a variance from lot size requirements provided that:
(a) The use is permitted in the zoning district;
(b) The lot has been in separate ownership from abutting lands at all times since it became substandard;
(c) The lot was created compliant with official controls in effect at that time; and
(d) The sewage treatment and setback requirements of this chapter are met.
(2) However, a variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a shoreland lot that does not meet setback requirements. In evaluating the variance request, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot, and shall deny the variance if adequate facilities cannot be provided.
(3) If, in a group of 2 or more contiguous shoreland lots under the same ownership, any individual lot does not meet the minimum lot width or lot area requirements specified in this chapter, the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The substandard lots of record in shoreland areas must be combined with 1 or more contiguous shoreland lots so that they equal 1 or more parcels of land, each meeting the requirements of lot area or lot width to the extent possible.
(Prior Code, § 66-106) (Ord. passed 1994) Penalty, see § 151.999