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.