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<br />CITY OF ANOKA <br /> <br />CHAPTER 36-XVI <br /> <br />(c) <br /> <br />(d) <br /> <br />Determination of Nonconforming Status. <br /> <br />A use will be considered legally nonconforming if it can be demonstrated by clear and convincing <br />evidence that, prior to January 18, 1965, or a subsequent amendment to this Chapter, the use was <br />established, altered, enlarged or converted and occupied pursuant to building permits issued by the <br />City of Anoka..... The burden of estahlishing that a nonconforming use is a legal nonconforming use <br />shall, in all cases, be solely upon the owner of such nonconformity. <br />"-' r~:),' ~;, 0.'. L fi";.. ~{~_',<. :::c<,.T>)..' -zo~.,-.2::~ <br />Repairs and Maintenance. (J <br /> <br />Incidental reports and normal maintenance of nonconformities shall be pem.itted unless such <br />repairs are otherwise prolubited by the City Code. Nothing in this Article shall be deemed to <br />prevent keeping in good repair a structore in which a nonconforming use is conducted but no sucb' <br />structure that is declared by the Building Official to be unsafe or unlawful by reason of physical <br />condition shall be restored, repaired or rebuilt. . <br /> <br />(e) Authority to Continue. <br /> <br />Any nonconforming use may be continued in accordance with the provisions of this Article. <br /> <br />(f) Change of Use. <br /> <br />(1) lfa nonconforming use is discontinued and succeeded by another and more restrictive <br />use, it shall he presumed that, the prior nonconforming use has ceased to exist and thus <br />loses its status as a legal nonconforming use. <br /> <br />(2) If no structural alterations are made, a nonconforming use of a structure may be changed <br />to another nonconforming use if the substitute does not increase the intensity or degree of <br />nonconformity. A change to a same or less intense nonconforming use or degree of <br />nonconformity requires administrative approval by the Zoning Administrator or designee <br />of the Zoning Administrator. The Zoning Administrator may refer the request to the <br />Planning Commission and City Council. <br /> <br />(g) Change ofTenancv or Ownership, <br /> <br /> <br />A change in tenancy, ownership or management will not affect the status of a nonconforming use <br />if the use remains- the same. . <br /> <br />onconformities Created b Public Action.: ' <br /> <br />When lot area, width or sethacks are reduced as a result of conveyance to a federal, state or local . <br />government for a public purpose and the remaining area is at least fifty percent (50%) of the <br />otherwise applicable standard, then that lot and any structures existing at the time of public action <br />shall be deemed to be in compliance with th~' minimum lot size and setback standards of this <br />chapter. <br /> <br />Section 36-9 L <br /> <br />Non-Conf01lT1in" Lots of Record and Construction of New Dwellings. <br /> <br />(a) <br /> <br />I <br /> <br />, In any district in which single-family dwellings are pennitted, notwithstanding limitations <br />imposed by other provisions of this code, a single-family dwelling and customary accessory <br />structures may be erected on a single lot of record established prior to January 18, 1965 provided <br />that such structure is not located in the Floodplain !;listrict, the Mississippi River Critical Areas . <br />Corridor, the Rum River Wild, Scenic and Recreational District Or a Shoreland Management <br />District This provision shall apply even though such lot fails to meet the requirements for area or <br />width., or both, that are applicable in the district Yard dimensions and other requirements not <br /> <br />~f~~~:~ ,-' <br /> <br />. Page 36-16 A-2 <br /> <br />?~'t.1,- <br /> <br />Dl,J,..,.r( ~ <br />?,,,~r<tr ;). <br />( 0 J-- p,sJ <br />Co....{' <br />.' . te rfl'A.{, <br />(rScl U ' <br />