10-24-2007 Council Agenda - Laserfiche WebLink

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903. GENERAL PROVISIONS 903.010. NON - CONFORMING BUILDINGS, STRUCTURES AND USES. A. Purpose. It is the purpose of this Section to provide for the regulation of nonconforming 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 which 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 restrictions. Furthermore, it is the intent of this Section that all nonconforming uses shall be eventually brought into conformity. B. Any non - conforming structure or use lawfully existing upon the effective date of this Ordinance shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. C. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Official, providing the necessary repairs shall not constitute more than fifty (50) percent of fair market value of such structure. Said value shall be determined by the City Assessor or the City will obtain an appraisal at the owner /applicant's expense. 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 Ordinance adoption unless such movement shall bring the non - conformance into compliance with the requirements of this Ordinance. E. 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 nonconforming use. F. 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. G. Subject to the requirements of MN Stat. Chapter 463.357, Sub& l.e. if at any time a non - conforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its fair market value, said value to be determined by the City Assessor, and where no building permit has been applied for within 180 days of said destruction, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Official. H. Whenever a lawful non - conforming use of a structure or land is discontinued for a period of six (Fr)- menths one year; , any - 5 9 -