There exist within the districts established by this code and subsequent amendments lots, structures, and uses of land and structures that were lawful before this code was passed or amended that would be prohibited, regulated or restricted under the terms of this code or future amendments. It is the intent of this code to permit legal nonconforming lots, structures or uses to continue until they are removed and not replaced in accordance with Minnesota Statutes, section 462.357, subdivision 1e.

The code recognizes that in some circumstances allowing nonconforming uses to be changed to similar or less intense nonconforming uses, or allowing nonconforming uses to be reestablished in vacant buildings may benefit the city and surrounding neighborhood. Some buildings have a long useful life and allowing their continued occupancy for nonconforming uses can be more desirable than requiring them to be vacant if they cannot be converted to conforming uses. Consequently, the code allows conversion of nonconforming uses to similar nonconforming uses and allows the planning commission to reestablish nonconforming uses in vacant buildings if regulated so as to be compatible with the surrounding neighborhood.

The code provides, under limited circumstances, for expansions or relocations of nonconforming uses when compatible with the surrounding neighborhood.

(Ord 12-71, § 2, 12-12-12)

A use or structure will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to October 25, 1975, the use or structure was established, converted, or expanded and occupied pursuant to building permits issued by the city; if the use or structure was allowed in its location at the time it was established; or if it can be demonstrated by clear and convincing evidence that the particular use or structure has been in existence continuously since December 13, 1956. The burden of proof shall be on the property owner. For the purposes of this chapter, "use" means the principal purpose for which land or a building is being occupied. A legal nonconforming structure is one that lawfully existed when created but does not now comply with the area, width, height, yard, percent of lot coverage, or other regulations concerning bulk or location on the lot, off-street parking and loading requirements, or other regulations of the district in which it is located. The planning commission may approve permits granting legal nonconforming status to uses or structures that do not meet these standards as set forth in section 62.109(a) and (b).

(Ord 12-71, § 2, 12-12-12)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board of zoning appeals.

If three (3) or more lots or combinations of lots and portions of lots with continuous street frontage in single ownership are of record on the effective date of this code or amendments thereto, and if all or part of the lots do not meet the requirements for lot width and area as established by this code, the lands involved shall be considered to be an undivided parcel for the purpose of this code, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this code, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this code.

Nonconforming uses of land are subject to the following provisions:

(a)

A legal nonconforming use of land may continue unless it is discontinued for a period of more than one (1) year.

(b)

A legal nonconforming use shall not be expanded to a greater height or to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this code unless the planning commission approves a permit for the expansion as set forth in section 62.109(d).

(c)

A nonconforming use shall not be moved in whole or in part to any other portion of the lot unless the planning commission approves a permit for the relocation as set forth in section 62.109(d).

(d)

If a legal nonconforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located.

(e)

Any land on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulation for the district in which such land is located and the nonconforming use may not thereafter be resumed.

(f)

An existing off-street parking space for one- and two-family dwellings in a required front or side yard shall be considered a legal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25,1975, and the parking space has existed continuously since the permit was issued or it can be demonstrated by clear and convincing evidence that the parking space has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the property owner.

(g)

Any replacement of equipment shall not result in an increase in noise, vibration, glare, dust, or smoke.

(Ord 12-71, § 2, 12-12-12)

Nonconforming structures with conforming uses are subject to the following provisions:

(a)

A legal nonconforming structure may continue, including through repair, replacement, restoration, maintenance, and improvement, unless the nonconformity is discontinued for a period of more than one (1) year.

(b)

A nonconforming structure may be physically expanded or altered so long as such expansion or alteration does not increase its nonconformity and the use in the expanded or altered area of the structure meets any zoning separation requirement. A structure with a nonconforming setback shall not be expanded horizontally or vertically within the setback area, with the exception that an addition to a one- or two-family dwelling may be built along an existing nonconforming side setback line providing:

(1)

The addition is on the back of the building or fills in a jog on the side of the building, does not alter the front facade, and does not create a building height greater than twenty-two (22) feet; and

(2)

The footprint of the addition does not exceed two hundred fifty (250) square feet; and

(3)

The roof pitch on the front third of the building is not altered.

(c)

When a nonconforming structure is removed or destroyed by any means, including by fire or other peril, to the extent of greater than fifty (50) percent of its estimated market value, as indicated in the records of the county assessor at the time of the removal or damage, and no building permit for repair or replacement of the structure has been applied for within one hundred-eighty (180) days of the removal or damage, it shall not be reconstructed except in conformity with the provisions of this code.

(d)

When a nonconforming structure is 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 12-71, § 2, 12-12-12; Ord 15-33, § 1, 7-22-15)

Nonconforming uses of structures, or structures and land in combination, are subject to the following regulations:

(a)

Legal nonconforming use of structures, or structures and land in combination, may continue, including through repair, replacement, restoration, maintenance, and improvement of structures, unless the nonconformity is discontinued for a period of more than one (1) year.

(b)

A legal nonconforming use may be changed to a use permitted in the district in which it is located or to a new nonconforming use if the new nonconforming use is listed on the same line of the use tables in Chapter 66 as the most recent nonconforming use. A legal nonconforming use may be changed to a use permitted in the district in which the most recent nonconforming use is first allowed, or a principal use permitted in a district that is more restrictive than the district in which the most recent nonconforming use is first allowed, provided the planning commission approves a permit for the change as set forth in section 62.109(c).

(c)

The number of legal nonconforming uses on a zoning lot shall not be increased unless the planning commission approves a change of nonconforming use permit as set forth in section 62.109(c).

(d)

When a nonconforming use changes to a use permitted in the district in which the property is located, a nonconforming use may not thereafter be resumed. When a nonconforming use changes to a use first permitted in a more restrictive district, nonconforming uses first permitted in less restrictive districts shall not thereafter be resumed.

(e)

A legal nonconforming residential use may be extended throughout any parts of a residential structure provided that no additional units are added, but it shall not be expanded to occupy any land or a larger area of land outside the structure, unless the planning commission approves a permit for the expansion as set forth in section 62.109(d).

(f)

A nonconforming use shall not be moved to a new location on the zoning lot or expanded in any way, including increased cubic content, unless the planning commission approves a permit for the expansion or relocation as set forth in section 62.109(d).

(g)

Any replacement of equipment shall not result in an increase in noise, vibration, glare, dust, or smoke.

(h)

When a legal nonconforming use is discontinued or ceases to exist for a continuous period of more than one (1) year, the building, or building and land in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission approves a permit to reestablish the nonconforming use as set forth in section 62.109(e). A residential building vacant for more than one (1) year may be re-established at the number of units for which it was originally constructed provided that it has not been physically converted to a fewer number of units. If the building has been converted to fewer units, the use may be re-established up to the reduced number of units. The zoning administrator shall determine the number of units at the time of original construction by any of the following methods: an onsite inspection, building permit records, county assessor records, or similar public records. If the original number of units cannot be clearly established by the zoning administrator, the process for reestablishment of a nonconforming use in section 62.109(e) shall be followed.

(i)

When a structure containing a nonconforming use is removed or destroyed by any means, including by fire or other peril, to the extent of more than fifty (50) percent of its estimated market value as indicated in the records of the county assessor at the time of the destruction, and no building permit for repair or replacement of the structure has been applied for within one hundred eighty (180) days of the time of the removal or damage, it shall not be reconstructed except in conformity with the provisions of this code.

(j)

Accessory off-street parking spaces or garages may be constructed on the site of a nonconforming use, so long as they comply with the requirements of articles 63.200, 63.300, 63.500 and 65.900 and the setbacks required in the district where the use is first permitted.

(k)

Any nonconforming residential use with four (4) or fewer dwelling units, may construct an accessory building other than a garage provided the building complies with the requirements for accessory buildings and uses in articles 63.500 and 65.900. For all other nonconforming uses, an accessory building shall be considered an expansion of the nonconforming use and may be constructed provided it complies with articles 63.500 and 65.900 and the planning commission approves a permit for the expansion as provided in subsection 62.109(d).

(l)

In any RM3, T4, OS, B1, B2, B3, I1, or VP district, nonconforming residential uses may be expanded, or reconstructed provided that in the B1, B2, B3, I1, and VP districts no additional dwelling units are added on the lot. Any business operated out of a residence must meet all home occupation standards. Expansion or reconstruction of nonconforming residential uses in these districts shall meet the T2 height and minimum yard setback requirements for the use and the requirements for off-street parking in article 63.200.

(m)

In any residential district, existing commercial greenhouses may be expanded, or altered. The greenhouses must meet the height, yard setbacks, and percentage of lot coverage of section 66.230, residential district density and dimensional standards, for the district in which they are located and the requirements for off-street parking, article 63.200.

(n)

Existing auto body shops located in zones other than industrial zones shall be considered, for purposes of changes in nonconforming uses, as B3 uses. Auto body shops that are legally nonconforming in T2-T4 and B3 zoning districts may expand even though they are not permitted uses in these zoning districts. Auto service stations in T2, T3 and B2 zoning districts which remove their gas tanks and pumps will be regarded as legal nonconforming auto repair stations. Auto repair stations and auto specialty stores that are legally nonconforming in T2-T4 zoning districts may expand even though they are not permitted uses in these zoning districts.

(o)

Existing gun shops that are legally nonconforming, and are not pawn shops, shall be considered, for purposes of changes in nonconforming uses, as permitted uses and may expand even though gun shops are not permitted uses in the district, provided that the amount of floor area devoted to the display and sale of firearms is not increased and that any new public entrance is not located within one thousand (1,000) radial feet of any "protected use," as defined in section 65.520(a) of this Code.

(p)

Existing municipal yard waste sites that are legally nonconforming in the IT transitional industrial district may expand as a conditional use under the provision of sections 61.501—61.504 and section 65.331 even though new municipal yard waste sites are not permitted in the IT transitional industrial district.

(C.F. No. 06-120, § 1, 2-22-06; Ord. No. 11-27, § 1, 4-20-11; Ord 12-71, § 2, 12-12-12; Ord 13-22, § 2, 8-21-13; Ord 23-43, § 3, 10-18-23)

Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. No. C-248-03, § 1, 11-18-03)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures, and premises and nonconforming structures with conforming uses provided there is no change in the nature or character of such nonconforming use or structure.

The planning commission may approve, modify and approve, or deny nonconforming use permits. To ensure the public welfare is served, the commission may attach conditions to the permits including, but not limited to, conditions concerning appearance, signs, off-street parking or loading, lighting, hours of operation, or performance characteristics, such as noise, vibration, glare, dust, or smoke.

The planning commission, in approving nonconforming use permits, may allow a nonconforming use for a specified period of time and then require its removal by attaching an expiration date to the permit if the commission makes the following findings: (1) termination of the nonconforming use or the continued vacancy of the building in which the nonconforming use was located would cause significant hardship; (2) permitting the nonconforming use for a period of time will facilitate the transition to a conforming use; and (3) permitting the nonconforming use for a period of time is consistent with the public health, safety, comfort, morals, and welfare. The period of time for which the permit is valid shall be determined in each case by the commission and shall be based on the extent of the hardship.

The planning commission shall hear and decide nonconforming use permits in accordance with the procedures and requirements of chapter 61, administration and enforcement. The planning commission may consider the following nonconforming use permits:

(a)

Establishment of legal nonconforming status. The planning commission may grant legal nonconforming status to uses or structures that do not meet the standards for legal nonconforming status in section 62.102 if the commission makes the following findings:

(1)

The use or a nonconforming use of similar or greater intensity first permitted in the same zoning district or in a less restrictive zoning district has been in existence continuously for a period of at least ten (10) years prior to the date of the application;

(2)

The off-street parking is adequate to serve the use;

(3)

Hardship would result if the use were discontinued;

(4)

Rezoning the property would result in "spot" zoning or a zoning inappropriate to surrounding land uses;

(5)

The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and

(6)

The use is consistent with the comprehensive plan.

The application for the permit shall include evidence of a ten-year period of existence, evidence that conversion of the use and structure would result in hardship, a site plan meeting the requirements of section 61.401, floor plans, and other information as required to substantiate the permit.

(b)

Nonconforming commercial and industrial parking use. The planning commission may grant legal nonconforming status to allow the use of land without completely enclosed buildings as a parking lot to serve abutting property in OS-B5 Business and IT-I1 industrial districts if the commission makes the following findings:

(1)

The commercial or industrial parking lot has been paved, maintained and used for commercial or industrial parking for at least ten (10) consecutive years prior to the date of the application;

(2)

The parking lot occupies a legally subdivided parcel that is too small for development and has not been owned by a different adjoining property owner for at least ten (10) years prior to the date of the application;

(3)

The parking lot is to serve abutting commercially or industrially zoned property;

(4)

The parking lot will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and

(5)

The parking lot is consistent with the comprehensive plan.

The application for the permit shall include evidence of a ten-year period of existence, a site plan meeting the requirements of section 61.401, and other information as required to substantiate the permit.

(c)

Change of nonconforming use. The planning commission may allow a nonconforming use to change to another use permitted in the district in which the existing nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the existing nonconforming use is first allowed, or permit another, related nonconforming use at the same location if the commission makes the following findings:

(1)

The proposed use is equally appropriate or more appropriate to the neighborhood than the existing nonconforming use;

(2)

The traffic generated by the proposed use is similar to that generated by the existing nonconforming use;

(3)

The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and

(4)

The use is consistent with the comprehensive plan.

The planning commission's findings may be a general rule or findings in a specific case.

(d)

Expansion or relocation of nonconforming use. The planning commission may permit the expansion or relocation of a legal nonconforming use if the commission makes the following findings:

(1)

In residential districts, the expansion, or relocation will not result in an increase in the number of dwelling units;

(2)

For expansion of a structure, the expansion will meet the yard, height and percentage of lot coverage requirements of the district;

(3)

The appearance of the expansion or relocation will be compatible with the adjacent property and neighborhood;

(4)

Off-street parking is provided for the expansion or relocation that meets the requirements of article 63.200 for new uses;

(5)

Rezoning the property would result in a "spot" zoning or a zoning inappropriate to surrounding land use;

(6)

After the expansion or relocation, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare; and

(7)

The use is consistent with the comprehensive plan.

The application for a permit shall include a site plan meeting the requirements of section 61.401, floor plans, and other information as required to substantiate the permit.

(e)

Reestablishment of nonconforming use. When a legal nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for a continuous period of more than one (1) year, the planning commission may permit the reestablishment of a nonconforming use if the commission makes the following findings:

(1)

The structure, or structure and land in combination, cannot reasonably or economically be used for a conforming purpose;

(2)

The proposed use is equally appropriate or more appropriate to the district than the previous legal nonconforming use;

(3)

The proposed use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and

(4)

The proposed use is consistent with the comprehensive plan.

The application for the permit shall include a site plan meeting the requirements of section 61.401, floor plans, and other information as required to substantiate the permit.

(Ord 12-71, § 2, 12-12-12; Ord 15-32, § 3, 7-22-15; Ord 22-33, § 1, 8-3-22; Ord 25-34, § 4, 7-16-25)

Adult business are subject to all of the provisions of this chapter with the following addition; when any nonconforming adult business or any building or portion of a building containing a nonconforming adult use is destroyed to an extent greater than fifty (50) percent of its market value, the adult business shall not be reestablished.

(C.F. No. 05-400, § 2, 5-25-05)