Wabasha City Zoning Code
NON-CONFORMING USES
STRUCTURES AND LOTS
§ 162.120 PURPOSE.
It is the purpose of this subchapter to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non- conforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this chapter that all non-conforming uses shall eventually brought into conformity.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.121 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPAND or EXPANSION. Any increase in a dimension, size, area, volume or height, any increase in the area of use, any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the non-conforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or such other factors deemed relevant by the city.
IMPROVEMENT. Making the non-conforming use better, more efficient or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a non-conforming use does not constitute an improvement for that reason alone.
NON-CONFORMING LAND USE. An activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.
NON-CONFORMING STRUCTURE. A structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.
NON-CONFORMING LOT. A lot that was lawfully established prior to adoption or applicable amendment of this chapter, which fails to conform to the present area or dimensional requirements of this chapter.
REPLACEMENT, RECONSTRUCTION or RESTORATION. The repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.122 RIGHTS.
Pursuant to M.S. § 462.357, subd. 1e, as it may be amended from time to time, any non-conformity, including the lawful use or occupation of land or premises existing at the time a city code amendment created the non-conformity, may be continued with any necessary approvals, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless authorized by this chapter.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.123 LAWFUL NON-CONFORMITY.
The burden of proof to show a lawful non-conformity rests with the applicant and/or property owner. Documentation as to a non-conformity existing prior to adoption or changes to this chapter of city code may be required if an application for any permit or zoning action is received.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.124 EXPANSION PROHIBITED.
(A) Lawful non-conforming uses and structures may not expand or intensify unless allowed to do so under this chapter or by other law (such as with the issuance of a special permit, if require). Only that portion of the land or structure in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter, unless the value of the extension, enlargement, reconstruction, substitution or structural alteration of the structure does not exceed 50% of the assessor’s market value of the structure at the time of the alteration and a building permit for the alterations is submitted to the city for approval within 180 days of the date of the removal or damage.
(B) Substitution of new equipment or similar changes related to the non-conforming use may be permitted by the Board of Adjustment if such equipment or change will reduce the incompatibility of the non-conforming use with the neighboring uses. Application for the approval will follow the process of appeals. (See § 162.031 of this chapter.)
(C) If the non-conforming use is discounted or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.125 CHANGES AND SUBSTITUTIONS.
Once a non-conforming use or structure has been changed to conform, it shall not revert back to a non-conforming use or structure.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.126 SUBSTANDARD LOTS.
In any district, an allowable use and its accessory structures may be erected on any lawful non- conforming lot or parcel; providing, the lot or parcel was of record in the office of the county’s Register of Deeds before the effective date of the ordinance establishing the minimum lot standard. The lot or parcel shall be in separate ownership from abutting lands, if abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If, in separate ownership, all other district requirements (uses, setbacks, building heights and the like) shall be complied with.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)
§ 162.999 PENALTY.
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor, subject to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. Each day a violation exists or continues shall constitute a separate offense.
(Prior Code, § 305.03) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)