St Paul City Zoning Code
ARTICLE 17
NONCONFORMING LOTS AND USES
§ 17-1 Nonconforming Status.
A nonconforming status shall only exist when:
A use or structure that does not conform to the regulations prescribed in the district where the use or structure is located, which was in existence and lawfully operating when annexed into the town, and has been operating since without discontinuance. |
(Ordinance 130D, sec. 17-1, adopted 12/8/14)
§ 17-2 Existing Lots Less Than 1.5 Acres.
(A.)
A lot of less than one and one-half (1.5) acres may be developed so long as the same complies with the ordinances of the Town and all regulations relating to on-site sewage disposal.
(B.)
A residential building or accessory building located on a lot of less than one and one-half (1.5) acres may be repaired or rebuilt when partially or wholly destroyed by fire, the elements, or other cause, provided there is no expansion of the building's size.
(Ordinance 130D, sec. 17-2, adopted 12/8/14)
§ 17-3 Existing Uses.
Any nonconforming use shall not be expanded or increased beyond the lot or tract upon which such nonconforming use is located except to provide off-street parking or off-street loading space upon approval of the Board of Adjustments.
(Ordinance 130D, sec. 17-3, adopted 12/8/14)
§ 17-4 Existing Building Uses.
The lawful use of a building existing upon the effective date of this Ordinance may be continued, only in conformance with these regulations, although such use does not conform to the provisions hereof. Such use may be extended throughout such portions of the building as it is arranged or designed for such use, provided no structural alterations, expansions or extensions, except those required by law or ordinance, are made therein.
The continued use of a residential lot to conduct a home occupation shall conform to the requirements for a home occupation detailed herein.
(Ordinance 130D, sec. 17-4, adopted 12/8/14)
§ 17-5 Voluntary Abandonment or Change.
(A.)
Abandonment shall involve the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. Any nonconforming use which is discontinued for or which remains vacant for a period of six months shall be considered as evidence of intent to abandon the nonconforming use. Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall be in conformance to this chapter.
(B.)
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(Ordinance 130D, sec. 17-5, adopted 12/8/14)
§ 17-6 Existing Residence.
A residential dwelling having less than the minimum floor area required for the district in which it is located shall not be construed to be nonconforming.
(Ordinance 130D, sec. 17-6, adopted 12/8/14)
§ 17-7 Repairs and Reconstruction.
(A.)
Repairs and normal maintenance may be made to a nonconforming building or building occupied by a nonconforming use, provided that no structural alterations, expansions or extensions shall be made except those required by law or ordinance, unless the building or use is changed to conform to this Ordinance.
(B.)
If a building occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty percent (50%) of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded beyond the lot on which it is located.
(Ordinance 130D, sec. 17-7, adopted 12/8/14)
