§ 36-1270. Nonconforming uses, buildings and lots.

(a)

Nonconforming buildings.

(1)

Alterations, additions and enlargements.

a.

A nonconforming building, other than a single dwelling unit building, shall not be added to or enlarged, in any manner, or subjected to an alteration involving 50 percent or more of the gross floor area of the building, or 50 percent or more of the exterior wall area of the building, unless such nonconforming building, including all additions, alterations and enlargements, shall conform to all of the restrictions of the district in which it is located. The percentage of the gross floor area or exterior wall area subjected to an alteration shall be the aggregate percentage for any consecutive three-year period.

b.

Alternate setbacks. An addition to a single dwelling unit building with a nonconforming setback, or an addition to a structure accessory to a single dwelling unit building with a nonconforming setback, may be constructed within the existing nonconforming setback, which is the shortest distance from the applicable lot line to the existing structure, subject to the following limitations:

1.

The addition shall not exceed the existing square footage encroachment into the nonconforming setback or 200 square feet, whichever is less; and

2.

The addition may only be constructed on the same floor as the existing encroachment into the nonconforming setback.

(2)

Nonconformities. Except as provided in article X of this chapter, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under the ordinance from which this chapter is derived, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, except as specifically provided in this chapter, unless:

a.

The nonconformity or occupancy is discontinued for a period of more than one year; or

b.

Any nonconforming use 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 these cases, 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.

(b)

Nonconforming lots. A nonconforming lot in the R-1 district used or intended for a single dwelling unit building shall be exempt from the width, depth, area and lot width to perimeter ratio requirements of this chapter, provided, that the lot:

(1)

Is not less than 50 feet in width;

(2)

Is not less than 100 feet in depth;

(3)

Has at least 30 feet frontage on a street; and

(4)

Has not been, at any time since October 22, 1951, held in common ownership with all or part of an adjoining or abutting lot or parcel which, together, complied with the minimum width, depth and area and lot width to perimeter ratio requirements imposed by this chapter. If such lot and adjoining or abutting lot or parcel has been held in such common ownership, then the property so held in common ownership shall be subject to the following:

a.

If a nonconforming lot or parcel is, or at any time since October 22, 1951, has been, held in common ownership with all or part of an adjoining or abutting parcel or lot which together comply with, or come close to complying with, the minimum width, depth, area, and lot width to perimeter ratio, requirements of this chapter, then such nonconforming lot or parcel and such adjoining or abutting parcel or lot shall be considered as one lot and shall not be decreased in size below such minimum requirements.

b.

If in a group of two or more adjoining or abutting lots or parcels owned or controlled by the same person, any single lot or parcel does not meet the full minimum depth, width, area or lot width to perimeter ratio requirements of this section, such single lot or parcel shall not be considered as a separate lot or parcel able to be conveyed and developed under this Code.

(c)

[Existing] nonconforming lots. An existing nonconforming lot in the R-2 district used or intended for a double dwelling unit building shall be exempt from the width, depth, area and lot width to perimeter ratio requirements of this chapter provided the lot is at least 50 feet in width and has at least 30 feet of frontage on a street.

(Code 1970; Code 1992, § 850.07(20); Ord. No. 2015-07 , § 10, 5-19-2015)

State law reference

Nonconformities, Minn. Stats. § 462.357, subd. 1e.