11-2300 Nonconforming lots

 

CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-2300
NONCONFORMING LOTS, STRUCTURES, OR USES

11-2301 Intent. It is the intent of this Chapter to permit a nonconforming use to continue until it is removed, but not to encourage its use or expansion.

11-2302 Single Nonconforming Lots. Any legal lot which is in single ownership at the time of adoption of this Chapter and which does not meet the requirements of this Title for lot area, width, or depth may be used for a conforming structure if:

(1) The lot area, width and depth are seventy (70) percent or greater than that required; or
(2) The lot area, width or depth is less than seventy (70) percent of that required, and:

(a) A combination of lots to create a lot which complies with this Code would be impractical; and
(b) A conditional use permit is obtained.

11-2303 Nonconforming Use of Land or Structures. A nonconforming use may be continued as long as it remains otherwise lawful, provided that it meets the following requirements:

(1) A nonconforming use of land or structure shall not be enlarged or occupy a greater area of land than that occupied at the time of adoption or amendment of this Title.
(2) A nonconforming use or structure shall not be moved to any other part of the lot upon which it was conducted at the time of adoption or amendment of this Title.
(3) A nonconforming structure shall not be structurally altered, unless such changes are in conformance with this Title.
(4) A nonconforming use of a building may be extended throughout the building; provided that such a use shall not displace a conforming use.
(5) A building damaged by fire, wind, or other causes to the extent of more than 50 percent of its fair market value immediately prior to the damage, as determined by the Chief Building Official, shall not be repaired or rebuilt except in conformity with the regulations of this Title, provided that, with respect to single-family residential homes, the Planning Commission may permit the rebuilding of a single-family residential home, and with respect to two-family homes, may permit the rebuilding of a two-family home, upon the following findings:

(a) The proposed structure does not exceed the footprint of the original structure.
(b) Development of the property as a conforming use would be impractical.
(c) Development of the area surrounding the nonconforming property has not occurred and is not anticipated to occur within the reasonably foreseeable future.
(d) The permit is applied for within one (1) year of the damage.
(e) Compliance with 11-310 through 11-318, with the exclusion of 11-316(1), (3) and (11).

(6) Once changed to a conforming use, a building or lot shall not be permitted to revert to a nonconforming use.
(7) If a structure is not enlarged, extended, reconstructed, or moved, a nonconforming use may be changed to another nonconforming use, provided that the Planning Commission shall find that the proposed use is more appropriate and compatible to the zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may require such conditions and safeguards as deemed necessary for the protection of the public welfare and to secure compliance with the requirements of this Title.
(8) If a nonconforming use ceases for a continuous period of one (1) year, any subsequent use shall be in conformity to the use regulations of this Title.
(9) A nonconforming use at the time of adoption or amendment of this Title which is a structure with a market value of less than $500 or consists primarily of exterior storage or is a junkyard may be continued for a period of three (3) years, whereupon such nonconforming use shall cease.

11-2304 Conditional Uses.

(1) A use which has received a conditional use permit and is subsequently rezoned to a district to which the use is also a conditional use shall continue to be a conforming use.
(2) A use which has received a conditional use permit and is subsequently rezoned to a district in which the use is neither a permitted nor conditional use shall be a non-conforming use.

 

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