§ 509.25. Nonconformities.

Subdivision 1. Purpose. This subsection is intended to provide for the regulation of uses, structures, lots or site improvements which lawfully existed prior to the effective date of this ordinance or subsequent amendments, but which fail to comply with one (1) or more current regulations.

Subd. 2. Definitions. The following terms and accompanying definitions are used in the context of nonconformities: (Added, Bill No. 2010-10)

a)

Expansion. For the purposes of nonconformities, expansion includes, but is not limited to, intensification of the use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s).

b)

Improvement. Where a nonconformity is made more compatible with the use of adjacent properties, efficient, and/or more aesthetically pleasing. For the purposes of nonconformities, an improvement does not include an expansion.

c)

Maintenance. Normal repair, restoration, and improvement including cosmetic changes. For the purposes of nonconformities, maintenance does not include new construction or expansion of a use or structure.

d)

Repair. For the purposes of nonconformities, repair means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. Repair does not include expansion.

e)

Replacement. Construction that provides a substitute substantially equivalent to the preexisting conditions that preceded damage or destruction.

f)

Restoration. For the purposes of nonconformities, restoration means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunctioning components. Restoration does not include expansion.

Subd. 3. Continuance of nonconformities. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

a)

The nonconformity or occupancy is discontinued for a period of more than one (1) year. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter; or

b)

Any nonconformity is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property;

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The nonconforming use status of the premises and any rights which arise under the provisions of this subsection shall terminate. (Amended, Bill No. 2010-10)

Subd. 4.

Nonconforming use. Except as otherwise noted in this Code, there shall be no enlargement, expansion, intensification, or relocation of any building or premises devoted to a nonconforming use except to make it a conforming use.

a)

Exception. Expansion which would constitute addition and alteration to buildings containing nonconforming dwelling units complying with the following conditions shall be permitted: (Added, Bill No. 2010-10)

i.

The construction will not result in an increase in the number of dwelling units;

ii.

The building or parcel is not located in an area which the Council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be redeveloped and may include timelines and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structure and other similar activities; and

iii.

The construction would not extend any farther into the required setback than the existing structure.

Subd. 5.

Enlargement of nonconforming structures.

a)

Except as noted below, a nonconforming building or structure occupied by a conforming use may not be expanded or altered in any way so as to increase that nonconformity. Expansions that meet all applicable city code requirements are permitted.

b)

A legally nonconforming single- or two-family dwelling or garage which existed on or before June 1, 1995, which is occupied by a conforming use, and which does not meet current setback requirements can be expanded up to 100 percent of the floor area of the existing structure, as long as the following conditions are met:

i.

The expansion does not extend any farther into the required setback than the existing structure;

ii.

The existing structure does not infringe on the setback more than 50 percent of the required setback distance; and

iii.

The expansion meets all other applicable city code requirements. (Added, Bill No. 1998-13)

Subd. 6. Safety. Nothing in this subsection shall prevent the repairing of a structure to a safe condition when said structure is declared unsafe by the proper authority.

Subd. 7. Nonconforming site improvements. This subsection is primarily aimed at upgrading nonconforming site improvements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving or lowering buildings.

a)

Nonconforming Parking. Alteration, addition or expansion which results in an increased need for off-street parking shall provide additional parking according to the following guidelines:

i.

Where modifications result in an increase in the applicable unit of measurement (dwelling unit, floor area, capacity, number or seats, etc.) which is 50 percent or less of the original total, additional parking shall be required only for this new or modified part of the development;

ii.

Where modifications result in an increase in the applicable unit of measurement which is over 50 percent of the original total, sufficient off-street parking shall be provided to bring the entire development into conformance with the requirements of this ordinance.

b)

Nonconforming Landscaping and Screening. Alternative landscaping or screening may be approved by the Director, where, due to existing structure placement, lot dimensions, parking requirements, or other improvements, it is not possible to provide the landscaping or screening required by this ordinance, according to the following rules:

i.

The alternative landscaping or screening will not be detrimental to adjacent properties; and

ii.

The alternative landscaping or screening complies with the purpose and intent of standards dictated by this ordinance.

c)

Additional Nonconforming Site Improvements. In addition to the requirements of a) and b) above, the following nonconforming site improvements must be made conforming if a structure or use associated with the nonconforming site improvement is enlarged or expanded.

i.

Impervious surface coverage as required by applicable zoning district standards;

ii.

Irrigation as required by Subsection 544.03, Subd. 4(h);

iii.

Screening of refuse collection and utilitarian items in accordance with Subsection 544.05;

iv.

Pedestrian circulation as required by Subsection 544.15;

v.

Bicycle parking in accordance with Subsection 544.17; and

vi.

Underground utilities when renovation costs exceed 50 percent of the value of the structure, in accordance with Subsection 544.19.

d)

The Director may modify or waive any of the provisions above based on a written finding that the proposal:

i.

Would not be detrimental to adjacent properties; and

ii.

The proposal complies with the purpose and intent of standards dictated by this ordinance. (Amended: 9-17-2010)

(Amended, Bill No. 2014-4)