St Paul City Zoning Code

13.1

If at the time of enactment of this ordinance, any legal activity is being pursued, or any lot or structure is being legally utilized in a manner or for the purpose which does not conform to the provisions of this ordinance, such manner of use or purpose may be continued as herein provided.

13.2

If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

13.3

If any nonconforming use (structure or activity) is discontinued for a period exceeding two (2) years after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this ordinance. Intent to resume active operations shall not affect the foregoing.

13.4

Temporary seasonal nonconforming uses that have been in continual operation for a period of two (2) years or more prior to the effective date of this ordinance may be continued as herein provided.

13.5

All dwellings and their accessory structures erected prior to the enactment of this ordinance shall be exempt as to area, setback, frontage and yard regulations if their present owners so desire.

13.6

All nonconforming uses shall be issued a Zoning Permit and a Certificated of Occupancy within one hundred eighty (180) days after the adoption of this ordinance.

13.7

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is completed within one (1) year, or such use of land established within thirty (30) days after the effective date of this ordinance.

On any building in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the structure provided that the cubic content of the structure as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to 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.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this section.

A nonconforming structure to be extended or enlarged shall conform with the provision of this ordinance.

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this ordinance.

Any lot of record at the time of the adoption of this ordinance which is less in area or width than the minimum required by this ordinance may be used provided a showing of unnecessary and undue hardship would result if a variance is not granted from the Board of Zoning Appeals.

13.13

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty percent (50%) of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this ordinance.

13.14

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed seventy-five percent (75%) of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this ordinance.

13.15

When a nonconforming structure devoted to a nonconforming activity is damaged less than fifty percent (50%) of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than seventy-five percent (75%) of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.

13.16

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

13.17

Nothing in this ordinance shall require any change in the plans or construction of any building or structure for which any required permit from appropriate local authority was granted, provided that such construction must commence within thirty (30) calendar days after the effective date of this ordinance and must be completed within a period of one (1) year after construction is initiated. Excavation or site preparation in contemplation of construction shall not satisfy the provisions of this section. Where the placement of a manufactured housing unit is involved, placement must occur as specified by permit within thirty (30) days of the effective date of this ordinance. Where the expansion of an existing manufactured housing or mobile home park is involved, or where a new manufactured housing or mobile home park is involved, at least three (3) such units must be placed as permitted within thirty (30) days of the effective date of this ordinance. Failure to comply with the provisions of this section within the periods specified shall void all permits which may have been issued hereto, and all uses or activities shall be governed by the provisions of this ordinance.