It is the purpose of this section to provide for the regulation of non-conforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this Chapter that non-conforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all non-conformities shall be eventually brought into conformity.

Subd. 1.

Conditional Uses. Any established use, building or lot legally existing prior to 1 January 1997 and which is herein classified by this Chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use or building shall however require a new conditional use permit be processed according to this Chapter.

Subd. 2.

Planned Unit Developments.

(a)

Except as provided in this Chapter, planned unit developments approved by the City prior to 1 January 1997 are rescinded.

(b)

The following planned unit developments shall remain in full force and effect to the extent specified:

(1)

MPUD 81-1 (Northwest Business Campus)

(2)

MPUD 83-1 (Parkers Lake) (the area east of Vicksburg Lane only)

(3)

RPUD 84-2 (The Villages)

(4)

MPUD 91-1 (Seven Ponds North) (only the commercial area east of County Road 24 and north of Medina Road)

(5)

RPUD 95-3 (The Courts at Nanterre)

(6)

RPUD 95-5 (Plum Tree East, formerly Soo Line East)

(7)

MPUD 95-1 (Rockford Glen) (residential approval only)

(Amended by Ord. No. 99-5, 01/19/99)

Subd. 3.

Interim Uses. Any established use, building or lot legally existing prior to 1 January 1997, and which is herein classified by this Chapter as requiring an interim use permit may be continued in like fashion and activity and shall automatically be considered as having received interim use permit approval. Any change to such a use or building shall, however, require a new interim use permit be processed according to this Chapter.

Subd. 4.

Threats to General Welfare. Non-conforming buildings, structures, and/or uses, which based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general welfare of the community, shall:

(a)

Be legally declared a nuisance by the City Council.

(b)

Upon being identified by the City Council and upon the owner being notified in writing by the Zoning Administrator, the owner shall provide to the City Council a documented time schedule and program with rationale to support the proposed amortization of the building, structure, or use investments which will result in the termination or correction of the non-conformity.

(1)

The termination/correction time schedule shall be based upon, but not be limited to factors such as the initial investment and the degree of threat or danger being posed.

(2)

The acceptability of the time schedule shall be determined by the City Council with right of appeal.

(3)

In no case shall a time schedule exceed two (2) years.

Subd. 5.

Non-Conforming Uses.

(a)

Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter which does not conform to the provisions of this Chapter may be continued, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than one (1) year.

(2)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, and no building permit has been applied for within 180 days of when the property is damaged. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property.

(3)

Notwithstanding item (2) above, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re-established in a manner that results in potential flood damage or obstructs flood flows in the floodway.

(Amended by Ord. No. 2007-05, 01/23/07)

(b)

Continued Use. A lawful, non-conforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement; provided, however, that no such non-conforming use of land shall be enlarged, increased, nor shall any such non-conforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this Chapter, nor shall any such non-conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this Chapter.

(Amended by Ord. No. 2002-02, 01/22/02)

(c)

Changes to Non-Conforming Uses.

(1)

When a 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.

(2)

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.

(Amended by Ord. No. 2005-01, 01/11/05)

Subd. 6.

Non-Conforming Buildings and Structures.

(a)

Restoration. Unless a building permit has been applied for within 180 days of when a property is damaged, no lawful non-conforming building or structure which has been destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, shall be restored, except in conformity with the regulations of this Chapter. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property.

(b)

Alterations or Replacement. Alterations (e.g., repair, normal maintenance, remodeling) or replacement to a lawful non-conforming building or structure may be undertaken provided:

(1)

The alterations or replacement do not expand the building size.

(2)

The alterations or replacement do not change the building occupancy capacity or parking demand.

(3)

The alterations or replacement do not increase the non-conformity of the building or the use.

(c)

Expansion of Non-Conforming Buildings or Structures.

(1)

Administrative Permit. Lawful non-conforming single- and two-family dwellings and related accessory buildings and structures found to be non-conforming only by reason of height, yard setback, or lot area may be expanded through the administrative permit process subject to the provisions of Section 21025 of this Chapter, provided that the structural non-conformity is not increased and the expansion complies with all other performance standards of this Chapter. For purposes of this subsection, the minimum required structure setback from lot lines shall be either the existing setback of such lawful non-conforming structure or the setback as otherwise specified in this Chapter, whichever is less.

(Amended by Ord. No. 2002-02, 01/22/02; Ord. No. 2010-14, 08/10/10)

(2)

Conditional Use Permit. Lawful non-conforming commercial, industrial, public, semi-public, and multiple family structures may be expanded on the same lot by conditional use permit provided:

a.

Expansion of buildings found to be non-conforming only by reason of height, yard and setback or lot areas are exempt from requiring a conditional use permit.

b.

Except for the above, the expansion will not increase the non-conformity of the building or site.

c.

The new building expansion will conform with all the applicable performance standards of this Chapter. A conditional use permit shall not be issued under this section for a deviation from other requirements of this Chapter unless variances are also approved.

d.

The request for conditional use permit shall be evaluated based on standards and criteria set forth in Section 21015.02, Subd. 5 and Section 21015.04 of this Chapter.

(d)

Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs (a), (b), and (c) above, any restoration, alteration, replacement, repair, or expansion of a building or structure located within the floodplain overlay district shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall increase potential flood damage or increase the degree of obstruction to flood flows in the floodway.

(e)

Non-conformity or increased non-conformity due to a government action. Where a government action such as a court order or taking by a governmental body under eminent domain or negotiated sale creates or increases a legal non-conformity on or after January 1, 2025, the lot owner shall be entitled as a matter of right to obtain a variance to allow the same degree of property improvement or building expansion as was allowed prior to the government action, or to maintain such buildings or structures. This provision shall not apply to acquisitions taking place in the normal course of the land subdivision (platting or replatting) process.

(Amended by Ord. No. 2007-05, 01/23/07)

Subd. 7.

Non-Conforming Lots.

(a)

Vacant Lots.

(1)

Single Family Detached Dwellings. Legal non-conforming, substandard lots of record that are vacant (as defined by this Chapter) may be developed for single family detached dwellings upon approval of an administrative permit, provided that:

a.

The lot was legally established in accordance with Chapter requirements existing at the time of its creation and is a separate, distinct tax parcel.

b.

The lot is properly zoned for single family use.

c.

Minimum Lot Size.

(i)

Sewered Lots. A lot of record having direct access to municipal sewer and water may be developed in accordance with this Chapter provided measurements for lot area and lot width are within seventy (70) percent of the requirements of the zoning district where it is located.

(ii)

Unsewered Lots. A lot of record not having access to municipal sewer and water may be developed provided it complies with Section 21115.08 and other applicable standards of this Chapter.

(Amended by Ord. No. 2000-06, 02/29/00)

d.

The lot has frontage and access on a City-accepted and improved public street.

e.

Public health concerns (potable water and sanitary sewer) can be adequately addressed.

f.

The setback requirements of the applicable zoning district and Section 21115.04 of this Chapter are met.

g.

The lot and related potential development is evaluated based upon criteria outlined in Section 21015.02, Subd. 5 and is found to be acceptable per these standards.

(2)

Uses Other Than Single Family Detached Dwellings. Legal non-conforming, substandard lots of record that are vacant (as defined by this Chapter) may be developed upon approval of an administrative permit, together with any other required approvals (e.g., site plan), provided that:

a.

The lot was legally established in accordance with Chapter requirements existing at the time of its creation and is a separate, distinct tax parcel.

b.

The lot is properly zoned for the proposed use.

c.

A lot of record having direct access to municipal sewer and water may be developed in accordance with this Chapter provided measurements for lot area and lot width are within seventy (70) percent of the requirements of the zoning district where it is located.

d.

The lot has frontage and access on a City-accepted and improved public street.

e.

The setback requirements of the applicable zoning district are met.

f.

The lot and related potential development is evaluated based upon criteria outlined in Section 21015.02, Subd. 5 and is found to be acceptable per these standards.

(b)

Developed Lots. An existing conforming use or building on a lot of substandard lot area or lot width may be restored, altered, replaced, repaired, or expanded provided such restoration, alteration, replacement, repair, or expansion complies with all other provisions of this Chapter.

(c)

Non-conformity or increased non-conformity due to a government action. Where a government action such as a court order or taking by a governmental body under eminent domain or negotiated sale creates or increases a legal non-conformity on or after January 1, 2025, the lot owner shall be entitled as a matter of right to obtain a variance to allow the same degree of property improvement or building construction as was allowed prior to the government action. This provision shall not apply to acquisitions taking place in the normal course of the land subdivision (platting or replatting) process.

(Amended by Ord. No. 2007-05, 01/23/07; Ord. No. 99-5, 01/19/99; Ord. No. 2005-01, 01/11/05; Ord. No. 2008-09, 03/25/08; Ord. No. 2010-01, 02/23/10; Ord. No. 2025-02 , § 8, 3/25/2025)

Non-conforming buildings and uses within the special protection districts as described in Section 21660 through 21670 of this Chapter shall be subject to the applicable regulations and standards relating to such buildings and uses in that section.