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CHAPTER 65 - NONCONFORMITIES

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65.320 NONCONFORMING USES, EXPANSION:

Subdivision 1.     Nonconforming uses may be expanded in certain situations subject to approval through the Type III review procedure, utilizing a Phase III hearing process.  In acting on an application for modifying a nonconforming use, the Commission and Council shall use the criteria contained in Section 65.330 to compare the impact of the proposed change against the existing development.  A proposal where the Commission finds significant injurious impact should be denied or approved with conditions which will mitigate the impact of the proposal.

Subd. 2.     Potential expansions which the Commission may include:  

1. Expanding a nonconforming use of structure to a portion of the structure not clearly arranged or designed for such use at the time the use became nonconforming.  Such expansion shall not increase the intensity of use (i.e., increasing the number of residential units or increasing amount of nonresidential floor area devoted to the public.)
   
   
2. The addition of new principal buildings or accessory structures on the same parcel of land occupied or under the same ownership on the effective date that the use became nonconforming.  The new structures added must be for such purpose that if not associated with the nonconforming use they would be permitted by the zoning district on the property. The applicant must show that the intensity of use will not substantially increase over the current level of activity with the addition of the new structures.