§ 220-14. Purpose.

It is the purpose of this article to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this article that all nonconforming uses shall be eventually brought into conformity.

§ 220-15. Expansion, change, discontinuance or destruction of nonconforming uses.

A. No such use shall be expanded, changed or enlarged if such change shall increase the nonconformity. Lateral additions to nonconforming structures which follow existing building lines and meet all other setbacks are permissible without a variance.

[Amended 1-13-1993]

B. If a nonconforming use is discontinued or a period of 12 months, further use of the structures or property shall conform to this chapter.

C. If a nonconforming structure is destroyed by any cause, to an extent exceeding 50% of its fair market value as indicated by the records of the Wabasha County Assessor, a future structure on the site shall conform to this chapter. Residential structures may be reconstructed upon authorization as a conditional use following the procedures in Article V of this chapter and would cover no greater area or cubic content than before destruction.

D. All nonconforming junkyards, open storage areas, and similar nonconforming uses of open land not involving a substantial investment in permanent buildings shall be removed, altered or otherwise made to conform within one year of the adoption of this chapter.

E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. However, unenclosed decks and patios will be allowed, provided that the appropriate setbacks are met.

F. Nothing in this chapter shall prevent the reconstruction of a structure in safe conditions when said structure is declared unsafe by the certified Building Official, provided that the necessary repairs shall not constitute more than 50% of fair market value of such structure. The Wabasha County Assessor shall determine said value.

G. When any unlawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

H. A lawful nonconforming use of any structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

§ 220-16. Existing lots.

A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the Wabasha County Recorder or Registrar of Titles on or before the date of adoption of this chapter may be used for single-family detached dwellings purposes, provided that the area and width thereof are within 60% of the minimum requirements of this chapter.