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(2)
<br />(3)
<br />a.
<br />1.
<br />2.
<br />3.
<br />b.
<br />1.
<br />2.
<br />3.
<br />(4)
<br />(5)
<br />(a)
<br />(b)
<br />earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the
<br />property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the
<br />whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the
<br />provisions of the Zoning Code.
<br />Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a
<br />lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood,
<br />explosion, earthquake, war, riot, or act of God, to any extent then such structure may be restored only if a building permit is
<br />applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure
<br />shall be built in full compliance and accordance with the provisions of the Zoning Code.
<br />Expansion of nonconforming structures. "Expansion of nonconforming structures" includes any increase in a dimension, size, area,
<br />volume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as
<br />but not limited to a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be
<br />more intensely developed; and any exterior storage, signs, or lighting. No expansion of nonconforming structures shall be
<br />permitted except as specifically listed and allowed herein:
<br />Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures
<br />may be expanded, provided:
<br />That the expansion does not occupy any space within a non-conforming area that was previously not occupied either
<br />vertically or horizontally, and complies with all height, setback, hardcover and lot coverage requirements of the district in
<br />which it is located.
<br />That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is
<br />located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it
<br />is located.
<br />That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning
<br />district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite
<br />required yard depth to result in an aggregate yard depth equivalent to the combined required yard.
<br />Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded
<br />provided:
<br />That the expansion does not occupy any space within a non-conforming area that was previously not occupied either
<br />vertically or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the
<br />district in which it is located.
<br />That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in
<br />which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district
<br />in which it is located.
<br />That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that
<br />the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks.
<br />Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the
<br />same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into
<br />compliance with the requirements of the Zoning Code.
<br />Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has
<br />been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with
<br />the approved plans; provided construction is started within six months of the effective date of this section, and continues to
<br />completion within two years. Such structure shall thereafter be a legally existing nonconforming structure.
<br />(Ord. No. 33 3rd series, § 1, 2-27-2006; Ord. No. 85 3rd series, § 1, 2-14-2011; Ord. No. 154 3rd series, § 1, 8-10-2015)
<br />Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former § 78-71, and enacted a new § 78-71 as set out herein. The
<br />former § 78-71 pertained to nonconforming uses and derived from Code 1984, § 10.03(5).
<br />Sec. 78-72. - Lots of record.
<br />A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the
<br />registrar of titles for Hennepin County prior to January 1, 1975, and after approval by the council if required.
<br />A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the Shoreland Overlay district, RS
<br />Seasonal Recreational district, or any of the LR-Lakeshore Residential districts, which does not meet the requirements of this chapter as
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