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DIVISION 2. NONCONFORMING USES AND RELATED MATTERS Page 3 of 4 <br /> respect to setbacks. <br /> (4) Relocation. No nonconforming structure shall be moved to another lot or to any <br /> other part of the parcel of land upon which the same was constructed at the time of this <br /> section adoption unless such movement shall bring the nonconformance into compliance <br /> with the requirements of the Zoning Code. <br /> (5) Prior permit. Any proposed structure which will, under this section, become <br /> nonconforming but for which a building permit has been lawfully granted not more than <br /> six months prior to the effective date of this section, may be completed in accordance <br /> with the approved plans; provided construction is started within six months of the <br /> effective date of this section, and continues to completion within two years. Such <br /> structure shall thereafter be a legally existing nonconforming structure. <br /> (Ord. No. 33 3rd series, § 1, 2-27-2006) <br /> Editor's note: Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former § 78-71, and <br /> enacted a new § 78-71 as set out herein. The former§ 78-71 pertained to nonconforming uses and <br /> derived from Code 1984, § 10.03(5). <br /> Sec. 78-72. Lots of record. <br /> (a) A lot of record is any lot for which a deed or registered land survey has been recorded in <br /> the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to <br /> January 1, 1975, and after approval by the council if required. <br /> (b) A lot of record existing upon January 1, 1975, in an R district, which does not meet the <br /> requirements of this chapter as to area or width may be utilized for a single-family detached <br /> dwelling purpose, provided that in the judgment of the council or administrative approval by the <br /> planning director, such use does not adversely affect public health or safety and the following <br /> requirements are met: <br /> (1) In R districts of one acre or less and with public sanitary sewer. A lot of record <br /> existing upon January 1, 1975, in any R district of the city of up to and including one <br /> acre, which lot is serviced by public sanitary sewer and which does not meet the <br /> requirements of this chapter as to area or width only, may be utilized for single-family <br /> detached dwelling purposes without council approval if the area measurements and <br /> width of that lot are within 80 percent of the requirements of this chapter. However, the <br /> lot of record shall not be more intensely developed unless combined with one or more <br /> abutting lots or portions so as to create a lot meeting the requirements of this chapter. <br /> (2) In R districts of greater than one acre and served by public sanitary sewer. A lot of <br /> record in any R district in the city in excess of one acre which does not meet the <br /> requirements of this chapter as to area or width only may be utilized for single-family <br /> detached dwelling purposes by administrative approval if the planning director finds that <br /> the following conditions are met: <br /> a. It is at least one acre in size, and the average width of the lot is at least 100 <br /> feet; <br /> b. It is served by public sanitary sewer; and <br /> c. It otherwise meets the requirements of this chapter or other applicable Code <br /> provisions. <br /> (3) In R districts not served by public sanitary sewer. A lot of record in any R district in <br /> the city not served by public sanitary sewer must meet the area and width requirements <br /> of this chapter and shall not be utilized for single-family detached dwelling purposes <br /> without council approval. Administrative approval may be granted for a lot of record not <br /> http://library2.municode.com/mcc/DocView/13094/1/157/159/161 5/14/2007 <br />