Waseca City Zoning Code
NON-CONFORMING USES
AND STRUCTURES
§ 154.101 PURPOSE.
It is the purpose of this chapter 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. The zoning ordinance establishes separate districts, each of which is an appropriate area for the location of uses that are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity.
(Ord. 1040, passed 1-5-16)
§ 154.102 AUTHORITY TO CONTINUE.
(A) Legally conforming existing structures and uses in existence on the effective date of ordinance which become non-conforming to this chapter shall not be considered non-conforming, but instead shall be treated as follows:
(1) A use which is no longer permitted because of a change in zoning shall be considered a conforming use subject to all conditions for such use as outlined in this chapter.
(2) A structure which becomes non-conforming to a required setback or setbacks shall be viewed as a conforming structure subject to the following:
(a) The existing setback or setbacks for the structure which would otherwise be nonconforming to this chapter shall be considered the required minimum setbacks or setbacks for that structure only on the subject lot.
(b) Expansions and additions to such structures shall meet all other requirements of this chapter with the exception of any new minimum setback or setbacks that may be established by this subchapter.
(B) With the exception of structures and uses that meet the requirements of § 154.103, Discontinuance, any structure or use lawfully existing upon the effective date of this chapter may not be expanded, but may be continued—including through repair, replacement, restoration, maintenance, or improvement—unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming structure is destroyed by fire or other peril to the extent of greater than 50% 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. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
(3) When a nonconforming structure in the shoreland district with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% 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.
(4) Notwithstanding divisions (B)(2) and (3) of this section, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than 50% of its market value as determined by the Community Development Department, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re-established in a manner that results in potential flood damage or obstructs flood flows in the floodway.
(C) Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector.
(D) No non-conforming building, structure, or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the non- conformance into compliance with the requirements of this chapter.
(E) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.
(F) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non-conforming sign includes repair or maintenance of existing lettering done without changing the form or design of the lawful non-conforming sign.
(H) Alterations may be made to a building containing or related to a lawful non-conforming residential unit when said alteration will improve the livability thereof, provided the alteration will not increase the number of dwelling units. All adjoining property owners shall be provided notice of plans to expand a non-conforming residential structure. Expansion may occur only after completion of a 30-day notice period.
(Ord. 1040, passed 1-5-16)
§ 154.103 DISCONTINUANCE.
(A) A nonconforming use shall not be reestablished after discontinuance of the use for a period of one year or more.
(B) Efforts to renovate or repair the use are not considered discontinuance, provided all appropriate permits and/or development approvals are obtained, and provided the renovation or repair is completed within one year from commencement of repair or renovation, and the use is re-established within one month from the time the renovation or repairs are completed. Failure to complete the repairs or renovation within one year or to reestablish the use within one month following repairs or renovation shall constitute discontinuance, and a nonconforming use shall not be re- established.
(Ord. 1040, passed 1-5-16)
§ 154.104 CHANGE IN USE.
When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(Ord. 1040, passed 1-5-16)
§ 154.105 BUILDING PERMITS AND ORDINANCE AMENDMENTS.
Any proposed structure which will, due to an ordinance amendment, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of a new ordinance taking effect, may be completed in accordance with the approved plans provided construction is started within 60 days of the effective date of the applicable ordinance, is not abandoned for a period of more than one hundred 120 days, and continues to completion within one year. Such structure and use shall thereafter be a legally non-conforming structure and use.
(Ord. 1040, passed 1-5-16)
§ 154.106 EXISTING NON-CONFORMING LOTS.
(A) Required merger of common ownership lots.
(1) Except as may otherwise be provided for in this chapter, when a group of two or more contiguous lots or parcels of land are owned or controlled by the same person, the following shall apply:
(a) If all lots are conforming to lot width, area and frontage requirements, all lots may remain separate parcels;
(b) If one or more of the contiguous lots or parcels of land do not conform to either lot width, area, or frontage requirements, then such non-conforming lots shall not be sold or developed as a separate parcel of land; and such non-conforming lots shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one or more lots each meeting the full lot requirements of this chapter or will lessen the existing nonconformity.
(2) The combination of lots shall be in accordance with Chapter 151, Subdivisions, of the City Code.
(B) Vacant or redeveloped lots. With the exclusion of parcels in the Floodplain Overlay District, legal, nonconforming vacant lots of record may be developed for single-family detached dwellings upon approval of a building permit under the following conditions:
(1) Legally established. The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel.
(2) Allowed use. Single-family residential dwellings are an allowed use within the base zoning district.
(3) Minimum lot size.
(a) Sewered lots: a legal nonconforming lot having direct access to municipal sewer, as determined by the Community Development Department, shall be considered buildable, provided that measurements for lot area and lot width either meet minimum requirements or are within 66% of the requirement of the base zoning district.
(b) Unsewered lots: a legal nonconforming lot not having access to municipal sewer shall be considered unbuildable.
(4) Access. The lot in question has frontage on and will directly access an improved public street.
(5) Health concerns. Public health concerns (potable water and sanitary sewer) can be adequately addressed.
(6) Setback and yard requirements. The setback and yard requirements of the base zoning district can be achieved.
(7) Shoreland requirements. If the parcel is located within the Shoreland Overlay District, development of the lot shall not result in more than 25% of the lot being covered with impervious surfaces.
(C) Developed lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter.
(Ord. 1040, passed 1-5-16)