§ 537.13. Nonconformities.

Subdivision 1. Expansion of Nonconforming Uses. Existing legal nonconforming uses may be maintained according to City Code Subsection 509.25. The City Council may allow expansion of legal nonconforming uses through issuance of a conditional use permit. Expansion may be allowed up to ten (10) percent of the gross floor area provided the expansion meets all other applicable City requirements. Any expansion or modification of a legal nonconforming use should not significantly impede implementation of goals and policies of the Comprehensive Plan.

Subd. 2. Expansion of Dimensional or Bulk Nonconformities. Legally nonconforming buildings existing prior to February 19, 2006, that do not meet dimensional or bulk standards of the Mixed Use zoning district may be expanded through review and approval of a conditional use permit-Subsection 547.09. Expansion or modification of a legally nonconforming building shall:

a)

Not increase the overall, site-wide degree of nonconformity,

b)

Demonstrate that zoning and Comprehensive Plan requirements are met to the greatest degree practical. These requirements include, but are not limited to: parking, landscaping, architectural design and façade treatment, and site design;

c)

Off-set departures from zoning and Comprehensive Plan requirements through superior design and/or additional community/site amenities;

d)

Not significantly impede implementation of goals and policies of the Comprehensive Plan;

e)

Not have undue adverse impacts on neighboring residential properties;

f)

Not have undue adverse impacts on governmental facilities, utilities, services or existing or proposed improvements; and

g)

Not have undue adverse impacts on the public health, safety or welfare.

(Amended, Bill No. 2011-13, 2011-28)