2006.07.17 EDA Packet - Laserfiche WebLink

Home

HUGO ZONING ORDINANCE ARTICLE III SECTION 1025 -NON-CONFORMING BUILDINGS, STRUCTURES, USES,AND LOTS 1025-010.1 PURPOSE: This section provides for the regulation of non-conforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures, uses, and lots will be operated, maintained, and regulated. Non- conforming buildings, structures, uses, and lots shall not be allowed to continue without restriction. Furthermore, it is the intent of this section that all non-conformities shall be eventually brought into conformity. 1025-020.1 GENERAL PROVISIONS: Subd. 1 Conditional Uses. Any established use, building or lot legally existing prior to November 22, 1978 and which is herein classified by this Chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use or building shall however require a new conditional use permit to be processed according to this Chapter. *Subd. 2 Non-Conforming Uses. (A) Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter which does not conform to the provisions of this Chapter may be continued; provided, however, that no such non-conforming use of building or land shall be enlarged or increased, nor shall any such non-conforming use be expanded to occupy a greater area of building or land than that occupied by such use at the time of the adoption of this Chapter, except as provided under subsection (D), nor shall any such non- conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this Chapter. (B) Continued Use. A lawful, non-conforming use shall not be enlarged, but may be continued at the same size and in the same manner of operation as it existed on the date it became legally non-conforming except as hereinafter specified. (C) Changes to Non-Conforming Uses. (1) When a 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 non-conforming use. (2) 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. 1025 - 1 7/7/2006 ' 3