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06.b Memorandum on Nonconforming Structures - Packet 1 | P a g e Date of Meeting: October 7, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Memorandum on Nonconforming Structures The Planning Commission has expressed concern in the past regarding the expansion and replacement of nonconforming structures. Nonconformities are complicated topics that are regulated by both state statute and local ordinances. Within Scandia, the relevant local ordinance is the Unified Development Code (UDC), as well as the ordinances and codes adopted by reference such as the Shoreland Management Regulations and the Floodplain Management Regulations. A nonconformity is defined by the League of Minnesota Cities as, “…any land uses, structures, or lots that do not comply with the city’s current zoning ordinance.” This same term is typically used with shoreland ordinances, floodplain ordinances, and other zoning related ordinances and rules. Legal nonconformities are created when a municipality changes a standards within adopted documents that then causes an existing condition to become inconsistent with the new standards. Illegal nonconformities are nonconformities that were never allowed or correctly permitted that have been continued. The webpage, “Land Use Nonconformities” from the League of Minnesota Cities is attached for reference and review. The following analysis and summaries are provided to establish what is allowed by statute and local ordinance. Staff understands the principal concern is related to structures and has included additional information related to nonconforming structures. Minnesota State Statute Minnesota State Statutes regulate zoning and subdivision nonconformities in Chapter 462 of the 2024 Minnesota Statutes. Specifically, 462.357 which grants municipalities the authority for zoning establishes standards for nonconformities in Subd. 1e. This subdivision is attached for review, but the following summary is offered: • A legal nonconformity can be continued through repair, replacement, restoration, maintenance, or improvement, unless one of the triggers within the statute disallows it. Thes triggers include: o A use is discontinued for more than one year. 2 | P a g e o A structure is destroyed and a building permit is not submitted within 180 days. Reasonable conditions can be applied • A legal nonconforming cannot be expanded, unless a process established by ordinance. If a process is established, reasonable regulation to prevent and abate nuisances and protect public health, welfare, and safety can be applied. • Additional review criteria are established in statute for properties in shoreland ordinances. Unified Development Code – Nonconforming Structure Replacement and Alterations The UDC establishes standards for nonconformities in [153.500.110]. The purpose statement in the UDC states that it is the intent of the section that all nonconformities shall be eventually brought into conformity. Staff have reviewed this section extensively with the City Attorney and are aware of some sections that potentially conflict with state statute. The standards effectively begin in Subd. 3 and go through Subd. 5. Subdivision 3 addresses nonconforming building and structures. The standards in the (A) and (C) allow replacement and alteration, respectively, provided that the value of the work is valued at less than 50% of the appraised value of the structure and changes above this value require a variance. This section has been identified as inconsistent with state statute by the City Attorney. Standards adopted by municipalities for nonconformities cannot be more strict as it pertains to repair, replacement, restoration, maintenance, or improvement of a nonconforming structure. The only instance where the 50% value is used in statute is when addressing destroyed structures. In considering this standard the City Attorney stated the following regarding (A) Replacement: For primary residences, regardless of its location or zoning, do not impose a variance requirement as long as (1) the repair is not an expansion and (2) is not required due to some destructive event such as a windstorm, flood, etc. For accessary structures, the City may want to have the option to be a bit more strict, most especially for those that are situated within the Ordinary High Water Level (OHWL). But even for accessary structures (OHWL situated not included), absent an expansion, keeping to the building permit process seems appropriate. The City Attorney stated the following regarding (C) Alterations: In my view, section 153.500.110(3)(C) could conflict with state law, in part, because the use of the term “altered” is referenced for normal maintenance and remodeling, not arising from a destruction event, and yet nonconforming, substandard structures as a matter of law may be continued and improved. Therefore, I believe Scandia Code section 153.500.110, Subd. 3(C) must be narrowly interpreted to permit alterations, unless the alternations exceed 50% of the structures value and are due to a destruction event as defined by section 462.357(1e). Therefore, I believe Scandia Code section 153.500.110, Subd. 3(C) must be narrowly interpreted to permit alterations, unless the alternations exceed 50% of the structures value and are due to a destruction event as defined by section 462.357(1e). 3 | P a g e Unified Development Code – Nonconforming Structure Expansion While state statue does not allow expansion of legal nonconforming structures by right, the UDC allows for expansion of a nonconforming agricultural or single family residential buildings and structure through an administrative permit provided: a. The existing structure remains in place, and is expanded. b. Expansion of principal or accessory buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with all other performance standards of this Chapter. An Administrative Permit shall not be issued under this Section for a deviation from other requirements of this Chapter unless variances are also approved. c. The Zoning Administrator finds that any such expansion will not have external negative impacts upon adjacent properties or public rights-of-way. d. Long term sewage disposal needs can be met. The above standards a, b, and d, are objective standards that are easy to determined. Standard c is more difficult as “negative impacts upon adjacent properties” is both subjective and broad. Generally, with this type of standard, city staff relies on standards such as City Code Chapter 91 Nuisances and general provisions related to the use in the UDC. As noted above, statute does not allow expansion by right. If the City Council wished to amend the standards to either eliminate the allowance through an administrative permit or further define or refine the standards to be evaluated for the expansion of a legal nonconforming structure, that would be within the rights of the city. Shoreland Management Regulations Nonconformities The bulk of the language within the Shoreland Management Regulations (Shoreland Ordinance) Section 3.7 addresses nonconforming lots within the shoreland overlay. This language echoes the standards established in statute. Section 3.72 addresses structures and states: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. Essentially, the addition or expansion of the nonconforming structure has to meet dimensional standards that are established in the Shoreland Ordinance. The standards do not address repair, replacement, restoration, maintenance, or improvement, but the standards cannot restrict the allowances in statute. Example Within Scandia One recent expansion that was approved by the city is the ongoing project on the south side of Big Marine Lake located north of the intersection of 182nd Street North and Norell Avenue North. 4 | P a g e Previous Conditions Proposed Conditions 5 | P a g e The property shown above had an existing setback of 68.9 ft. from the ordinary high water level (OHWL), where 100 ft. is required. The owners proposed to replace and expand the structure. The proposed structure increased the setback from the OHWL to 70.4 ft. to the proposed deck with the dwelling being 82.31 ft. from the OHWL, and met all other applicable dimensional standards. While the new structure is significantly larger, the new structure is compliant with building height standards, the site is compliant with impervious surface coverage, and the city has no standards that regulates structure size such as a floor -area ratio. In reviewing the application, city staff were not able to identify any, “external negative impacts upon adjacent properties” that were outside of an expected use of the lot as the proposal met all standards aside from continued, legal nonconformities that were lessened as a result of the project. Many owners on riparian lots value the view from their property, but landowners do not have rights over the view or air on property they do not own. While the Shoreland Ordinance does prioritize the health of the lake and has been bolstered in recent years to protecting views from lakes with standards such as the view corridors, alterations within the view corridor and the shore impact zone were not performed as part of the project. Conclusion The city currently offers property owners a more efficient and timely process for expanding nonconformities through an administrative permit. Concerns have been raised about nonconformities being expanded without review by the Planning Commission and City Council. While the City Council could amend the UDC to eliminate the administrative permit allowance, staff would recommend against this as the loss of efficiency is unlikely to be worth the increase of review time and cost to applicants. The City Council could ask staff to review the standards and further define or refine the standards when a legal nonconforming structure is allowed to expand through an administrative permit. Attachments A. “Land Use Nonconformities”, League of Minnesota Cities, May 21, 2021 B. 2024 Minnesota Statutes 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE C. Section 153.500.110 Nonconformities D. Shoreland Management Ordinance Section 3.7 Nonconformities Land Use Nonconformities Published: May 21, 2021 This content conveys general information. Do not use it as a substitute for legal advice. Any attorney general opinions cited are available from the Leagueʼs Research staff. Nonconformities Nonconformities are any land uses, structures, or lots that do not comply with the cityʼs current zoning ordinance. Legal nonconformities Legal nonconformities are those that were legal when the zoning ordinance or amendment was adopted. That is, they complied with then-existing ordinance and law. Legal nonconformities generally have a statutory right to continue. They are also often called grandfather rights. Illegal nonconformities Illegal nonconformities are those that were not permitted when established. Illegal nonconformities do not have the rights associated with legal nonconformities. They may exist because a prior zoning ordinance was not enforced as written. A cityʼs failure to enforce a prior zoning ordinance does not give a landowner the legal right to continue an illegal nonconformity. Before assuming a particular nonconformity is entitled to the statutory right to continue, cities should consider whether the nonconformity ever complied with existing ordinance or law. Floodplain nonconformities Legal nonconformities in floodplain areas have more limited rights. Cities may regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain community eligibility for the National Flood Insurance Program (NFIP) (Minn. Stat. § 462.357 subd. 1e(c)). Learn about the National Flood Insurance Program from the Minnesota Department of Natural Resources website Statutory rights of legal nonconformities Minnesota law says any legal nonconformity has a right to continue (Minn. Stat. § 462.357, subd. 1e). It may be continued through repair, replacement, restoration, maintenance, or improvement. These rights were limited to repair and maintenance until 2004 when the Legislature added replacement, restoration, and improvement but not expansion. Cities may choose to allow expansion in certain circumstances by ordinance. 10/3/25, 11:26 AM Land Use Nonconformities - League of Minnesota Cities https://www.lmc.org/resources/land-use-nonconformities/1/3 Who benefits f rom nonconforming rights The rights of legal nonconformities attach to and benefit the land. They are not limited to a particular landowner. If the benefited property is sold, the new owner will have continuance rights. Loss of nonconforming rights The right to continue a legal nonconformity can be lost if the use is discontinued or destroyed. Discontinuance State law makes an exception to continuance rights when a nonconforming use is discontinued for more than one year (Minn. Stat. § 462.357 subd. 1e(a)(1)). Destruction State law has another exception to continuance rights when a nonconforming structure is destroyed by more than 50% of its assessed market value, and no building permit is applied for within 180 days (Minn. Stat. § 462.357 subd. 1e(a)(2)). This exception is known as the 50% rule and used to have greater impact before the 2004 Legislature provided that applying for a building permit within 180 days of destruction defeats the exception. Phasing out Historically, the theory behind legal nonconformities was that property would eventually comply with the zoning ordinance. The statutory right to continue was more limited, and cities could phase out nonconformities over time through a process called amortization. Current law prohibits amortization, except for adult uses (Minn. Stat. § 462.357 subd. 1c). City role in administering nonconformities The rights of legal nonconformities to continue does not depend on local ordinance, and so a city often has little role administering nonconformities. Landowners may assert their continuance rights in response to city enforcement of a zoning ordinance. The burden is on the landowner to establish that their property qualifies for nonconforming rights. Zoning ordinances Some cities choose to address nonconformities in their zoning ordinance by: Codifying the statutory rights, or Setting up systems to register legal nonconformities. If a zoning ordinance covers nonconformities, cities should carefully review its provisions and make sure they are consistent with the current state statute. Expansion of nonconforming uses State law says the right of legal nonconformities to continue does not include expansion. Because the law does not define expansion, some cities define expansion in the city zoning ordinance. The definition could refer to: 10/3/25, 11:26 AM Land Use Nonconformities - League of Minnesota Cities https://www.lmc.org/resources/land-use-nonconformities/2/3 Any physical expansion of the nonconformity, or Intensifying the use. Cities can allow expansion of nonconformities. State statute specifically says: “A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety.” Some cities have long had ordinance provisions allowing the expansion of nonconformities in certain limited circumstances. Compliance with other city ordinances While legal nonconformities have a right to continue without complying with the current zoning ordinance, they must still comply with all other city ordinances, such as a nuisance or licensing ordinance (Minn. Stat. § 462.357 subd. 1d). Your LMC Resource Jed Burkett Loss Control/Land Use Attorney (651) 281-1247 or (800) 925-1122 jburkett@lmc.org 10/3/25, 11:26 AM Land Use Nonconformities - League of Minnesota Cities https://www.lmc.org/resources/land-use-nonconformities/3/3 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subdivision 1.Authority for zoning.For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, manufactured homes built in conformance with sections 327.31 to 327.35, or industrialized or modular buildings for residential use built in conformance with Minnesota Rules, chapter 1361, that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. 1a.Certain zoning ordinances.A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. Subd. 1b.Conditional uses.A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. 1c.Amortization prohibited.Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Subd. 1d.Nuisance.Subdivision 1c does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561.01, or eliminating a use determined to be a public nuisance, as defined in section 617.81, subdivision 2, paragraph (a), clauses (i) to (ix), without payment of compensation. Official Publication of the State of Minnesota Revisor of Statutes 462.357MINNESOTA STATUTES 20241 Subd. 1e.Nonconformities.(a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Paragraphs (d) to (j) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to paragraphs (d) to (j). (e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) all structure and septic system setback distance requirements can be met; (2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3) the impervious surface coverage does not exceed 25 percent of the lot. (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2024462.357 (2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (i) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (j) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. 1f.Substandard structures.Notwithstanding subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. 1g.Feedlot zoning controls.(a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include: (1) any recommendations for improvements in the ordinance; and (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d) At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses. To assist the municipality, the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted Official Publication of the State of Minnesota Revisor of Statutes 462.357MINNESOTA STATUTES 20243 to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. 1h.Comprehensive plans in greater Minnesota; open spaces.When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the implementation of the goals and objectives. Subd. 1i.Airport safety zones on zoning maps.Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls. Subd. 2.General requirements.(a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3.Public hearings.No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4.Amendments.An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation Official Publication of the State of Minnesota Revisor of Statutes 4MINNESOTA STATUTES 2024462.357 of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5.Amendment; certain cities of the first class.The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6.Appeals and adjustments.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the Official Publication of the State of Minnesota Revisor of Statutes 462.357MINNESOTA STATUTES 20245 case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 6a.Normal residential surroundings for persons with disabilities.It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7.Permitted single family use.A state licensed residential facility, including an assisted living facility under chapter 144G, serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8.Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9.Development goals and objectives.In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes; (2) minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport; (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses; (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; (7) identification of areas where other developments are appropriate; and Official Publication of the State of Minnesota Revisor of Statutes 6MINNESOTA STATUTES 2024462.357 (8) other goals and objectives a municipality may identify. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; 2005 c 56 s 1; 1Sp2005 c 1 art 1 s 92; art 2 s 146; 2007 c 140 art 12 s 14; 2008 c 297 art 1 s 60,61; 2009 c 149 s 3; 2011 c 19 s 2; 1Sp2019 c 3 art 3 s 110,111; 2023 c 37 art 6 s 7; 2024 c 85 s 104 Official Publication of the State of Minnesota Revisor of Statutes 462.357MINNESOTA STATUTES 20247 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES 153.500 Adopted 09.20.2022, Last Amended 06.17.2025 (Ordinance No. 2025-10) page-37 ii. Discretionary EISs. An EIS shall be prepared when the City Council determines that, based on the EAW and any comments or additional information received during the EAW comment period, the proposed project has the potential for significant environmental effects, or when the City Council and the proposer of the project agree that an EIS should be prepared. iii. Procedures. 1. All projects requiring an EIS must have an EAW on file with the City, which will be used to determine the scope of the EIS. All EISs shall be prepared according to the procedures and requirements of the State Environmental Review Program, Rules 4410.2100-4410.3000, as may be amended. The costs of preparation of an EIS shall be assessed to the project proposer in accordance with Minnesota Rules Parts 4410.6000 to 4100.6500, as may be amended. 2. Any proposal, project or use on which an EIS is required shall be considered a conditional use as defined in this Chapter and shall comply with the procedure for approval of a conditional use permit. Mitigating measures identified in the EIS shall be incorporated as conditions of issuance of the conditional use permit. 153.500.110 NONCONFORMITIES Subd. 1. Purpose. It is the purpose of this Section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this Chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity. Subd. 2. General Provisions. (A) Conditional Uses. Any established use, building or lot legally existing prior to the effective date of this Chapter and which is herein classified by this Chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use or building shall however require that a new conditional use permit be processed according to this Chapter. (B) Interim Uses. Any established use, building or lot legally existing prior to the effective date of this Chapter, and which is herein classified by this Chapter as requiring an interim use permit may be continued in like fashion and activity and shall automatically be considered as having received interim use permit approval. Any change to such a use or building shall, however, require that a new interim use permit be processed according to this Chapter. (C) Threats to General Welfare. Nonconforming buildings, structures, and/or uses, which based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general welfare of the community, shall: (D) Be legally declared a nuisance by the City Council. Upon being identified by the City Council and upon the owner being notified in writing by the Zoning Administrator, the owner shall provide to the City Council a documented time schedule and program with rationale to support the proposed amortization of the building, structure, or use which will result in the termination or correction of the nonconformity. I. The termination/correction time schedule shall be based upon, but not be limited to factors such as the initial investment and the degree of threat or danger being posed. II. The acceptability of the time schedule shall be determined by the City Council with right of appeal. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES 153.500 Adopted 09.20.2022, Last Amended 06.17.2025 (Ordinance No. 2025-10) page-38 Subd. 3. Nonconforming Buildings and Structures. (A) Replacement. A lawful nonconforming structure which is removed, destroyed or altered by any means to the extent that the cost of repair or replacement would exceed fifty percent (50%) of the Assessed Value of the original structure shall not be replaced, except in conformity with this Chapter. If a replacement structure cannot be placed on the lot meeting all current standards, the variance procedure must be followed. For the purposes of this Chapter, the term “Assessed Value” shall mean the market value of the property as determined by the current records of the City Assessor for the year in which the damage was done. (B) Restoration of buildings destroyed by fire or peril. Unless a building permit has been applied for within 180 days of when a property is damaged, no lawful nonconforming building or structure which has been destroyed by fire or other peril to the extent of greater than 50% of its market value, as indicated in the records of the county assessor at the time of damage, shall be restored, except in conformity with the regulations of this Chapter. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property or water body. (C) Alterations. Alterations to (e.g., repair, normal maintenance, remodeling) of a lawful nonconforming building or structure that are valued at 50% or less of the appraised value of the original nonconforming building or structure may be undertaken provided: I. The alterations do not expand the building size. II. The alterations do not change the building occupancy capacity, or parking demand or sewage treatment requirements. III. The alterations do not increase the nonconformity of the building or the use. (D) Expansion of Nonconforming Buildings or Structures. I. Agricultural or Single Family Residential Buildings and Structures. The expansion of lawful nonconforming agricultural or single family residential buildings and structures may be approved through the Administrative Permit process subject to the provisions of Section [153.500.050 and 153.500.060] of this Chapter, provided that: a. The existing structure remains in place, and is expanded. b. Expansion of principal or accessory buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with all other performance standards of this Chapter. An Administrative Permit shall not be issued under this Section for a deviation from other requirements of this Chapter unless variances are also approved. c. The Zoning Administrator finds that any such expansion will not have external negative impacts upon adjacent properties or public rights-of-way. d. Long term sewage disposal needs can be met. e. Commercial, Industrial, Public, Semi-Public, and Multiple Family Structures. Lawful nonconforming commercial, industrial, public, semi-public, and multiple family structures may be expanded on the same lot upon approval of a conditional use permit, provided that: i. Expansion of principal or accessory buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with all other performance standards of this Chapter. A Conditional Use Permit shall not be issued under this Section for a deviation from other requirements of this Chapter unless variances are also approved. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES 153.500 Adopted 09.20.2022, Last Amended 06.17.2025 (Ordinance No. 2025-10) page-39 ii. The request for Conditional Use Permit shall be evaluated based on standards set forth in Section [153.500.050] of this Chapter. iii. Long term sewage disposal needs can be met. f. Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs (A), (B), (C) and (D) above, any restoration, alteration, replacement, repair, or expansion of a building or structure located within the floodplain overlay district shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall increase potential flood damage or increase the degree of obstruction to flood flows in the floodway. Subd. 4. Nonconforming Uses. (A) Effective Date. The lawful use of buildings or land existing at the effective date of this Section which does not conform to the provisions of this Chapter may be continued, unless: I. The nonconformity or occupancy is discontinued for a period of more than 1 year. II. If a structure used for any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property or water body. III. Notwithstanding [f] above, any structure used for a nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than 50% of its market value, as indicated in the records of the county assessor at the time of damage, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or reestablished in a manner that results in potential flood damage or obstructs flood flows in the floodway. IV. Continued Use. A lawful, nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement; provided, however, that no such nonconforming use of land shall be enlarged or increased, including volume, intensity or frequency of use, nor shall any such nonconforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this Chapter, nor shall any such nonconforming use be moved to any other part of the parcel of land upon which the use was conducted at the time of the adoption of this Chapter. V. Changes to Nonconforming Uses. a. When a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. b. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. Subd. 5. Nonconforming Lots. A legal nonconforming, substandard lot of record that is vacant may be developed for one single family detached dwelling without variances and upon approval of an Administrative Permit, provided that: (A) The lot was legally established in accordance with all applicable zoning and subdivision requirements existing at the time of its creation and is a separate, distinct tax parcel. (B) Development of the lot is consistent with the Comprehensive Plan and the lot is properly zoned for single family use. City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.500 ADMINISTRATION AND PROCEDURES 153.500 Adopted 09.20.2022, Last Amended 06.17.2025 (Ordinance No. 2025-10) page-40 (C) The lot shall be at least 66% of the dimensional standards for lot size and lot width as required by the Base Zoning District and any applicable Overlay District. (D) The lot has frontage and access on an improved public street or an approved private road. To be considered an approved private road, the City Council must, by resolution, find that the road is capable of supporting emergency vehicles and that provisions exist for on-going maintenance of the road. (E) The lot must be suitable for the installation of sewage treatment system that is permitted by the Washington County Subsurface Sewage Systems (SSTS) rules and regulations. (F) All structure and septic system setbacks shall be met. (G) Impervious surface coverage must not exceed 25 %. (H) If in the case of two or more contiguous lots or parcels of land under a single ownership, any individual lot or parcel does not meet the minimum requirements of this Chapter, each individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development. Such lots must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more conforming lots as much as possible, unless each individual lot is at least 66% of the dimensional standards for lot size and lot width and meets the requirements of paragraphs (D) through (G), above. (I) An existing conforming use or building on a lot of substandard lot area or lot width may be restored, altered, replaced, repaired, or expanded provided such restoration, alteration, replacement, repair, or expansion complies with all other provisions of this Chapter. A nonconforming lot shall not be reduced in size. (J) A conforming lot shall not be reduced in size so that it would become nonconforming in any aspect of this Chapter. (K) Overlay Districts. Nonconforming buildings and uses as described in the Shoreland Management Overlay District and the Floodplain Management Overlay District contained in Chapters 155 and 156 shall be subject to the applicable regulations and standards relating to such buildings and uses in this Chapter. Where any regulations are found to be inconsistent, the more restrictive of the regulations shall apply. 153.500.120 VIOLATIONS, ENFORCEMENT AND PENALTIES Subd. 1. Enforcement. In case any subdivision, building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Section, the Zoning Administrator, in addition to other remedies, may institute any proper criminal action or proceedings in the name of the City of Scandia, and hereby shall have the powers of a police officer to prevent such unlawful subdivision, erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain or correct such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises. Subd. 2. Penalties. Any person who violates a provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined or penalized not more than the maximum levels established by the State of Minnesota for misdemeanor offenses. Each act of violation and every day on which a violation occurs or continues is a separate violation. Ordinance No. 198 – Shoreland Ordinance Page 10 of 31 Amended Ordinance 2025-11, passed 6/17/2025 3.5 Conditional Uses. All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure: 3.51 The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 3.52 The potential to reduce impervious surface area; 3.53 The visibility of structures and other facilities as viewed from public waters is limited; 3.54 There is adequate water supply and on-site sewage treatment; and 3.55 The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 3.6 Conditions Attached to Conditional Use Permits The City of Scandia, upon consideration of the criteria listed above and the purposes of the chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: 3.61 Increased setbacks from the ordinary high water level. 3.62 Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. 3.63 Special provision for the location, design, and use of structures, sewage treatment system, watercraft launching and docking areas, and vehicle parking areas. 3.64 Reductions in impervious cover. 3.7 Nonconformities. 3.71 All legally established nonconformities as of the date of this ordinance may continue, but will be managed according to Minnesota Statutes 462.357 Subd. 1e and its successor statutes, and Chapter One, Section 13 of the Scandia Development Code, including the following provisions for nonconformities in Shoreland areas: A. A non-conforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) All structure and septic system setback distance requirements can be met; and (2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080 and Washington County Ordinance 196, can be installed, or the lot is connected to a public sewer; and (3) The impervious surface coverage does not exceed 25 percent of the lot; and B. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: Ordinance No. 198 – Shoreland Ordinance Page 11 of 31 Amended Ordinance 2025-11, passed 6/17/2025 (1) The lot must be at least 66 percent of the dimensional standard for lot width and lot sizes for the shoreland classification; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, and Washington County Ordinance 196; (3) Impervious coverage must not exceed 25 percent of each lot; and (4) Development of the lot must be consistent with the adopted Comprehensive Plan. C. A lot subject to paragraph A above and not meeting the requirements of paragraph B must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. D. Nothwithstanding paragraph C, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership, and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minnesota Rules, Chapter 7080 and Washington County Ordinance 196, or connected to a public sewer. E. A portion of a conforming lot may be separated form an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. 3.72 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 5.0 to 8.0 of this ordinance. Any deviation from these requirements must be authorized by a variance. 3.8 Notifications to the Department of Natural Resources. 3.81 All notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreland management controls must be sent to the commissioner or the commissioner’s designated representative at least thirty (30) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3.82 All amendments to this shoreland ordinance must be submitted to the Department of Natural Resources for review and approval for compliance with the statewide shoreland management rules. The City of Scandia will submit the proposed ordinance amendments to the commissioner or the commissioner’s designated representative at least thirty (30) days before any scheduled public hearings. 3.83 All approved ordinance amendments and subdivisions/plats, and final decisions approving variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved