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04-08-2021 Planning Commission Packet
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04-08-2021 Planning Commission Packet
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Page 913-1 <br /> <br /> <br />913 NON-CONFORMING BUILDINGS, USES AND STRUCTURES <br /> <br />913.010 Purpose .................................................................................................................. 911-1 <br />903.020 General Provisions ................................................................................................ 913-1 <br />913.030 Manufactured Housing Parks ................................................................................ 913-2 <br /> <br />913.010. PURPOSE <br />It is the purpose of this Section to provide for the regulation of nonconforming buildings, structures and <br />uses and to specify those requirements, circumstances and conditions under which non-conforming <br />buildings, structures and uses will be operated and maintained. The Zoning Code establishes separate <br />districts, each of which is an appropriate area for the location of uses which are permitted in that district. <br />It is necessary and consistent with the establishment of these districts that non-conforming buildings, <br />structures and uses not be permitted to continue without restrictions. Furthermore, it is the intent of this <br />Section that all nonconforming uses shall be eventually brought into conformity. <br />913.020 GENERAL PROVISIONS <br />A.. Any non-conforming structure or use lawfully existing upon the effective date of this Ordinance <br />shall not be enlarged, but may be continued at the size and in the manner of operation existing <br />upon such date except as hereinafter specified or subsequently amended. <br />B. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said <br />structure is declared unsafe by the Building Official, providing the necessary repairs shall not <br />constitute more than 50 percent of fair market value of such structure. Said value shall be <br />determined by the City Assessor or the City will obtain an appraisal at the owner/applicant’s <br />expense. <br />C. No non-conforming building, structure or use shall be moved to another lot or to any other part of <br />the parcel of land upon which the same was constructed or was conducted at the time of this <br />Ordinance adoption unless such movement shall bring the non-conformance into compliance with <br />the requirements of this Ordinance. <br />D. When any lawful non-conforming use of any structure or land in any district has been changed to <br />a conforming use, it shall not thereafter be changed to any nonconforming use. <br />E. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non- <br />conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall <br />not thereafter be so altered to increase the non-conformity. <br />F. Subject to the requirements of MN Stat. Chapter 462.357, Subd. 1.e., if at any time a non- <br />conforming building, structure or use shall be destroyed to the extent of more than 50 percent of <br />its fair market value, said value to be determined by the City Assessor, and where no building <br />permit has been applied for within 180 days of said destruction, then without further action by the <br />Council, the building and the land on which such building was located or maintained shall, from <br />and after the date of said destruction, be subject to all the regulations specified by these zoning <br />regulations for the district in which such land and buildings are located. Any building which is <br />damaged to an extent of less than 50 percent of its value may be restored to its former extent. <br />Estimate of the extent of damage or destruction shall be made by the Building Official.
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