Planning and Zoning

CHAPTER 65 - NONCONFORMITIES

Printable Version

65.100 LEGISLATIVE INTENT:

       Subdivision 1.          It is the purpose of this chapter to provide for the regulation of uses, buildings, structures or lots which lawfully existed prior to the effective date of this ordinance but which fail to comply with one or more of the applicable regulations or standards established by this ordinance or subsequent amendment of this ordinance, or which have been rendered nonconforming due to circumstances which were not self-created. It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.  Buildings or structures which are now in existence and which were constructed in compliance with the terms of the regulations of some other public entity but became nonconforming upon the annexation to the City, and which are not in compliance with the terms of this code are hereby designated as legal nonconforming buildings or structures.                

             Subd. 2.         A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. 

             Subd. 3.         The basic policy of this chapter is to allow the continuation of any nonconformity and the normal repair, replacement, restoration, maintenance, or improvement thereof, and to encourage their move toward conformity when the opportunity arises through discontinuance or destruction. In certain cases nonconformities may be permitted to be upgraded when it can be shown that such action will not be harmful and will be beneficial to the surrounding properties, the neighborhood, or the community; and that the goals of local plans will not be impeded by the continuation of the nonconformity.




next page


Page Last Modified On: Friday, August 11, 2006