1. It is the intent of this section to:
   1. Permit the continuation of structures, uses and signs which legally exist on the effective date of the ordinance from which this section derives or amendments thereto, but which do not conform to the provisions set forth in this section for the district within which the structure, use or sign is located.
   2. Limit the number and extent of nonconforming uses by prohibiting the enlargement, the reestablishment after abandonment and the alteration or restoration after destruction.
   3. Eventually eliminate uses which do not conform with district requirements or to allow alterations so they do conform.
2. A farm in existence prior to the adoption of the ordinance from which this section is derived or prior to annexation to the city, but located in a zoning district where farming is not a permitted use, shall not be considered a nonconforming use.
3. No existing building or premises devoted to a use not permitted by this Code in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located.
4. When a nonconforming building is damaged by fire, explosion, act of God or the public enemy to the extent of more than 50 percent of its actual market value, based upon an independent current appraisal, it shall be restored only in conformance with the regulations of this section.
5. When a nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, it shall be restored only in conformance with this section In this case, the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
6. This subsection applies to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. The use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas shall be in accordance with the following:
   1. A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that:
      1. All structure and septic system setback distance requirements can be met;
      2. A Type 1 sewage treatment system consistent with Minn. Rules ch. 7080, can be installed or the lot is connected to a public sewer; and
      3. The impervious surface coverage does not exceed 25 percent of the lot.
   2. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:
      1. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minn. Rules ch. 6120;
      2. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minn. Rules ch. 7080, and local government controls;
      3. Impervious surface coverage must not exceed 25 percent of each lot; and
      4. Development of the lot must be consistent with an adopted comprehensive plan.
   3. A lot subject to subsection F,2 of this section not meeting the requirements of subsection F,2 of this section must be combined with one or more contiguous lots so they equal one or more conforming lots as much as possible.
   4. Notwithstanding subsection F,2 of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stats. § 115.55 and Minn. Rules ch. 7080, or connected to a public sewer.
   5. In evaluating all variances, zoning and building permit applications, or conditional use requests, the city shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.
   6. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Code 1998, § 30-111)

If a nonconforming use is discontinued for a period of one year, use of the property shall thereafter conform to the uses permitted in the district in which it is located.

(Code 1975, § 406:02; Code 1998, § 30-112)

If a building permit had been issued for a nonconforming building and use, or either, prior to the passage of the ordinance from which this section is derived, such proposed building or use shall be permitted, provided that:

1. Construction is begun within 30 days after the passage of the ordinance from which this section is derived.
2. The construction is continuous until the building is completed.

(Code 1975, § 406:03; Code 1998, § 30-113)

1. The lawful use of land for junkyards and storage purposes which does not conform to the provisions of this section shall be discontinued after January 23, 1974, and the same uses of land which become nonconforming by reason of a subsequent change in this section shall be discontinued within five years from the date of the change.
2. Nonconformities resulting from land acquisition for a public project shall be classified as lawful nonconformities without necessitating a Variance.
3. Onsite sewage disposal systems which are substandard and improperly functioning shall be brought into conformance with the city septic tank ordinance.
4. In the floodplain area, any addition or modification to a lawful nonconforming use shall be in conformance with the provisions of this section and shall not increase flood damage potential or increase the degree of obstruction to flood flows.

(Code 1975, § 406:04; Code 1998, § 30-114; Ord. No. 398, 3-7-2016; Ord. No. 476 ZC, 11-25-2024)