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<br />CITY OF ANOKA <br /> <br />CHAPTER 36-XVI <br /> <br />(c) <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 Anok,,- The burden of establisbing that a nonconforming use is a legal nonconforming use <br />shall, in all caseS, be solely upon the owner of such nonconformity. . <br />"._" r'l.:". kz.. o_:}~ 'fi";.. f{'-"", ::<o;:.c::'-'},-,~ 2.o~":2 <br />Repairs and Maintenance. !.) <br /> <br />(d) <br /> <br />Incidental reports and nonna] maintenance of nonconformities shall be permitted unless such <br />repairs are otherwise prohibited by the City Code. Nothing in this Article shall be deemed to <br />prevent keeping in good repair a structure 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 />(I) If a nonconforming use is discontinued and succeeded by another and more restrictive <br />use, it shall be 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 ch.ai1ge 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 C01mciL <br /> <br />(g) Change of Tenancy 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 />When lot area, width or setbacks are reduced as a result of cOnveyance to a federal, state or local . <br />government for a public purpose and the relIU!ining 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~minimnm lot size and setback standards of this <br />chapter. <br /> <br /> <br />?~t:/r <br /> <br />D.J..,.s{~ <br />:7;",~~1-1 ;) <br /> <br />(oJ-- ",..:it <br />(O"'t <br />., . ,...r(l'A.t. <br />(N'd Ii <br /> <br />onconf6rmities Created b Public Action. <br /> <br />Section 36-91. <br /> <br />Non-Conformin" Lots of Record and Construction of New Dwellings. <br /> <br />(a) . In any district in which single-family dwellings are permitted, 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 Pistrict, the Mississippi River Critical Areas ' <br />Corridor, the Rum River Wild, Scenic and Recreational District or a Shoreland Management <br />District. Tbis 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 />..-----7 . . <br /> <br />--;:-~~4~-1:J ,--' <br />d'~' Paoe 36-16 A.2 <br />o <br />