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1012.02: EXISTING STRUCTURES OR USES: 36 A. A pre-existing nonconforming use or structure may be continued but may not be extended, 37 expanded, intensified or changed, unless to a conforming use. Exceptions include.- 39 1. An expansion of a pre-existing residential principal or accessory structure in an R- I or R-2 40 zoning district which maintains the same property line setbacks and structure separations 4 1 provided there is no further encroachment of any nonconforming structural dimension or 42 increase in the nonconformity of use of the land. 43 44 2. A pre-existing principal or accessory structure, including expansion thereof, in which a 45 property line setback dimension has been made substandard by eminent domain or other formal 46 public agency action. Such a structure shall be considered a legally conforming structure. All 47 future additions to the structure or use shall meet the current required setback from the revised 48 property or easement line. (Ord. 881, 6-1-81) (Ord. 1302, 2-9-2004) 49 50 1012.03: DAMAGED NONCONFORMING STRUCTURE: 1 Any nonconforming structure damaged to an extent of not more than fifty percent (50%) of its reproduction cost by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is completed within six (6) months of the casualty. If the damage to the structure is greater than fifty percent (50%) of the replacement cost of the structure at the time of loss,, as determined by the City Council, the reconstruction shall be in accordance with this Code. (Ord. 881, 6-1-81; amd. 1995 Code) 5(M Ufi 1012.04: DISCONTINUED NONCONFORMING USE: Whenever a nonconforming use shall have been discontinued for a period of twelve (12) 60 months,, it shall not return to the original or any other use which is nonconforming. (Ord. 881, 6- 6 1 1 -81 (Ord. 1302,, 2-9-2004) 62 63 1012.05: MAINTENANCE OF NONCONFORMING STRUCTURES: 64 Normal maintenance of a structure containing or which is a nonconforming use is permitted, 65 including necessary nonstructural repairs and incidental alterations which do not expand the 66 foundation and/or building size, increase the building occupancy or parking demand, or 67 intensify the nonconformity of the structure or use. (Ord. 881, 6-1-81) (Ord. 1302, 2-9-2004) 68 69 1.4 Minnesota State Statutes 462.35? (Subdivision I e) reads as follows.- "7 ('_) 7 1 Subd. I e. Nonconformities. (a) Any nonconformity, including the lawful use or occupation "72 of land or premises existing at the time of the adoption of an additional control under this "73 chapter, may be continued, including through repair, replacement, restoration,, maintenance,, 74 or improvement, but not including expansion, unless.- "7 (1) the nonconformity or occupancy is discontinued for a period of more than one year; or 76 77 "7 "7 9 80 (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than PROM 14RCA071408 (2).doc Page 2 of 6