CHAPTER 65 - NONCONFORMITIES
65.340 CONTINUATION AND TERMINATION OF NONCONFORMITIES:
Subdivision 1. Any nonconformity, including but not limited to a nonconforming use of land or structure, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:
- The nonconformity or occupancy is discontinued for a period of more than one year; or
- Any nonconformity use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value so long as no building permit has been applied for within 180 days of when the property is damaged.
Subd. 3. Any nonconforming use located in any zoning district which has been discontinued for a period of 365 days or more may be resumed, reestablished or changed to another nonconforming use, regardless of the length of discontinuance, upon approval through the Type III review procedure utilizing a Phase I hearing process with the Council as the designated hearing body. The Council must apply the criteria found at Section 65.330 when proceeding under this subdivision.
Subd. 4. Where a structure housing a nonconforming use has been damaged to an extent greater than 50 percent of its market value and the owner fails to make application for a building permit within the required 180 days, the nonconforming use shall be terminated unless approval to rebuild is obtained under Section 65.320.
Subd. 5. A nonconforming structure may be used for occupancy by any use permitted in the applicable zoning district.
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Page Last Modified On: Tuesday, April 25, 2006