NONCONFORMING USES AND STRUCTURES

Minneapolis Code of Ordinances tit. 20, ch. 545, art. VI

in effect

Minneapolis Code of Ordinances § 545.900 Purpose.

545.900. - Purpose. Regulations governing nonconforming uses and structures are established to control the continued existence of legal nonconforming uses and structures by bringing about their gradual elimination, by regulating their enlargement, intensification, expansion, or reconstruction, and by restricting their reestablishment after abandonment or destruction, and to regulate the use of, and construction on, nonconforming lots.

Minneapolis Code of Ordinances § 545.910 General prohibition; authority to continue.

545.910. - General prohibition; authority to continue. (a) Uses and structures. No structure or use, or part thereof, shall hereafter be erected, constructed, altered, enlarged, relocated, used, or intensified in character or operation except in conformity with the provisions of this zoning ordinance. Legal nonconforming uses and structures shall be allowed to continue so long as they remain otherwise lawful, subject to the provisions of this chapter. Nonconforming uses and structures which were not lawfully in existence on the effective date of this ordinance shall be prohibited. (b) Nonconforming lots. No nonconforming lot shall be used, nor any structure erected thereon, except in conformance with section 545.990. (c) Interpretation. This chapter imposes a general prohibition on the enlargement, expansion, relocation, or intensification of nonconforming uses and structures, and on the change of any nonconforming use to a use other than one allowed in the district in which the use is located. Nothing in this chapter shall be construed to provide a property owner with any property right or other legal right to compel the city to grant an exception to this general prohibition. (d) Change of tenant or ownership. A change of tenancy, ownership or management of any nonconforming use or structure shall be allowed, provided there is no change in the nature or character of such nonconforming use or structure, except as otherwise provided by this chapter. (e) Nonconforming signs. (1) On-premises signs. Nonconforming on-premises signs may be maintained and repaired, as specified in Chapter 560, Signs, except as prohibited by the regulations governing signs for sexually oriented uses. (2) Off-premises advertising signs and billboards. Nonconforming off-premises advertising signs and billboards shall be regulated as specified in Chapter 560, Signs, notwithstanding the provisions of this chapter. (f) Legal nonconforming residential uses in urban neighborhood districts. This chapter shall not prevent a legal nonconforming residential use located in a residence district from reducing the number of dwelling or rooming units on the subject property.

Minneapolis Code of Ordinances § 545.920 Establishment of nonconforming rights; certificate of nonconforming use.

545.920. - Establishment of nonconforming rights; certificate of nonconforming use. (a) Application. Any person having a legal or equitable interest in a nonconforming property may apply for a certificate of nonconforming use by complying with the procedure set forth in Chapter 525, Administration and Procedures. Upon issuance, a certificate of nonconforming use shall be evidence that the use or structure designated therein is a legal nonconforming use or structure at that time. (b) Nonconforming structures. Where an application seeks a nonconforming use certificate to establish the legal nonconforming status of a structure only, or a use nonconforming as to parking only, and not to establish the legal nonconforming status of any use, the zoning administrator may issue or deny such certificate upon review of a certified survey, building permits, or other documentation deemed necessary or sufficient by the zoning administrator. (1) Single-, two-, and three-family dwellings nonconforming as to yards only. a. A single-, two-, or three-family dwelling nonconforming as to front, side, and rear yards only shall have all the rights of a conforming structure, provided the structure is located not closer than three (3) feet from the side and rear lot line, and provided further that the structure shall not be enlarged, altered, or relocated in such a way as to increase its nonconformity. For the purposes of this section, the extension of a single-, two-, or three-family dwelling along the existing setback in the side or rear yard or the addition of a second story or half-story above the existing nonconforming front, side or rear yard setback shall not be considered as increasing its nonconformity, provided the portion of the structure within the required side or rear yard comprises at least sixty (60) percent of the length of the entire structure. b. If substantial alteration of a single-, two-, or three-family dwelling results in demolition of the structure, the entire structure shall be subject to the yard requirements applicable to a new structure, except as authorized by section 545.930 related to buildings that are damaged or destroyed. (2) All other residential buildings nonconforming as to yards only. A residential building nonconforming as to yards only shall have all the rights of a conforming building, except that said building shall not be enlarged, altered, or relocated in such a way as to increase its nonconformity. (Ord. No. 2025-023, § 48, 5-15-2025)

Minneapolis Code of Ordinances § 545.930 Loss of nonconforming rights.

545.930. - Loss of nonconforming rights. (a) Discontinuance. (1) In general. If a nonconforming use or structure is discontinued for a continuous period of more than one (1) year, it shall be deemed to be abandoned and may not thereafter be reestablished or resumed. Any subsequent use of the land or structure shall conform to the requirements of the district in which it is located. (2) Rebuttal of abandonment. A property owner may rebut the presumption of abandonment only by presenting clear and convincing evidence that discontinuance of the nonconforming use or structure for the specified period was due to circumstances beyond the property owner's control. The property owner shall bear the burden of proof. (b) Change to conforming use. When a nonconforming use has been changed to a conforming use, it may not thereafter be reestablished or changed to another nonconforming use. In addition, whenever the degree of nonconformity with the provisions of this ordinance is reduced (e.g., a use nonconforming by three (3) units is reduced to nonconforming by two (2) units or by one (1) unit), the degree of nonconformity shall not thereafter be increased. (c) Damage or destruction. (1) Legal nonconforming structure containing a conforming use. When a legal nonconforming structure is damaged or destroyed by any cause or means, to the extent that the cost of restoration exceeds one-half (½) of its market value, and no building permit for reconstruction or replacement of nonconforming structure is applied for within one hundred eighty (180) days of date the property is damaged or destroyed, or one (1) year for single-, two-, and three-family dwellings, reconstruction of the nonconforming structure shall be prohibited. A new structure may be built on the parcel, but only in full conformity with the regulations of the district in which it is located. When a building permit to reconstruct or replace the nonconforming structure in its pre-existing conditions and not enlarge, relocate, or expand the nonconforming structure is applied for within one hundred eighty (180) days of the date the property is damaged or destroyed, or one (1) year for single-, two-, and three-family dwellings, such permit shall be approved notwithstanding the cost of the restoration and its relationship to the market value of the structure. Reasonable conditions may be imposed by the zoning administrator to mitigate any newly created impact on adjacent property. (2) Legal nonconforming use. When a legal nonconforming use is damaged or destroyed by any cause or means, to the extent that the cost of restoring or reestablishing the nonconforming use, including structural repairs and equipment and fixture replacement, exceeds one-half (½) of its market value, and no building permit for reconstruction or replacement of the nonconforming structure is applied for within one hundred eighty (180) days of date the property is damaged or destroyed, then the nonconforming use shall not be reestablished or resumed. A new structure may be built on the parcel and new uses established, but only in full conformity with the regulations of the district in which it is located. When a building permit to reconstruct or replace the nonconforming use in its pre-existing conditions and not enlarge, relocate or expand the nonconforming use is applied for within one hundred eighty (180) days of the date the property is damaged or destroyed, such permit shall be approved notwithstanding the cost of the restoration and its relationship to the market value of the structure. Reasonable conditions may be imposed by the zoning administrator to mitigate any newly created impact on adjacent property.

Minneapolis Code of Ordinances § 545.940 Expansion or alteration of nonconforming uses and structures.

545.940. - Expansion or alteration of nonconforming uses and structures. (a) Legal nonconforming structure containing a conforming use or a structure containing a use nonconforming as to parking only. Where a legal nonconforming structure contains a conforming use, or where a structure contains a use nonconforming as to parking only, such structure may be enlarged, altered or relocated so long as such enlargement, alteration or relocation does not increase its nonconformity. Buildings accessory to a conforming use or accessory to a use nonconforming as to parking only may be added, provided such accessory buildings conform in all respects to the requirements of this zoning ordinance. (b) Structure (conforming or nonconforming) containing a legal nonconforming use. Structures containing one (1) or more legal nonconforming uses shall not be moved to a new location on the zoning lot, expanded, enlarged in any way, nor shall such use be intensified, except that the city planning commission may permit the relocation, expansion, enlargement, or intensification of such use or structure or any accessory structure, if it makes the findings specified in Chapter 525, Administration and Procedures. Such relocation, expansion, enlargement, or intensification shall meet all other applicable regulations of this zoning ordinance. This section shall not authorize a use prohibited in the zoning district in which it is located to be expanded beyond the boundaries of its zoning lot.

Minneapolis Code of Ordinances § 545.950 Exceptions to enlargement limitations.

545.950. - Exceptions to enlargement limitations. (a) In general. The addition, alteration or enlargement of a deck, open balcony, open porch, accessible ramp, or entrance vestibule to any nonconforming residential use or structure with four (4) or fewer units shall be allowed and exempted from the provisions of section 545.940, provided the following conditions are met: (1) The addition, alteration or enlargement of a deck, open balcony, open porch, accessible ramp, or entrance vestibule shall not exceed one hundred (100) square feet for any one (1) or a combination of two (2) or more of said exempted structures. (2) The addition, alteration or enlargement shall comply with the yard, height, and all other applicable requirements of the district in which the property is located, unless a variance is granted. (b) Detached accessory structures. Detached structures accessory to any nonconforming residential use or structure with four (4) or fewer units shall be allowed and exempted from the provisions of section 545.940 provided all other applicable regulations are met.

Minneapolis Code of Ordinances § 545.960 Equipment replacement.

545.960. - Equipment replacement. (a) Equipment replacement. Certain nonconforming production uses may complete equipment replacement as follows: (1) Permanent equipment replacement. a. A legal nonconforming scrap/salvage yard, metal milling facility, or facility for crushing and processing of concrete, asphalt, or rock, may replace existing equipment included on a certified list of shredding, milling, grinding, baling or packing equipment for the handling of scrap or salvage materials, or a certified list of crushing or grinding equipment for the handling of concrete, asphalt, rock or similar materials, properly submitted to the zoning administrator by August 31, 1992, in accordance with the requirements of the zoning code of 1963. With respect to the permanent replacement of such equipment, such facility may increase by up to ten (10) percent the rated compression capacity, shear force capacity or other appropriate power or capacity measurement approved by the zoning administrator for the piece of equipment being replaced. A piece of equipment shall be allowed only one (1) increase of up to ten (10) percent in any ten (10) year period. b. A legal nonconforming production use with an air emission permit may replace or add equipment that will reduce the emission of any regulated pollutant, subject to compliance with all applicable zoning standards and compliance with other local, state, or federal laws. (2) Temporary equipment replacement. a. In general. Equipment may be temporarily leased and used at such facility during mechanical breakdowns or the overhaul or repair of existing equipment included on the certified list of shredding, milling, grinding, baling or packing equipment, or on the certified list of crushing or grinding equipment, for periods of less than thirty (30) continuous days and not exceeding sixty (60) total days in any one (1) calendar year, subject further to the requirement that the rated compression capacity or other appropriate power or capacity measurement of the temporary equipment shall not exceed by more than ten (10) percent the rated capacity measurement of the equipment temporarily replaced. b. Hardship. Upon application to the zoning administrator showing that the operation of this section would create a substantial hardship, the period allowed for temporary leasing and use of equipment at the facility may be extended for the time reasonably required to complete the necessary equipment repair or replacement, not exceeding a total additional period of sixty (60) days. (3) Drive-through banking facilities. Any lawfully nonconforming drive-through banking facility may replace teller-served equipment with automatic teller machines, or vice versa, provided the number of drive-through lanes shall not be increased, and subject to all other applicable regulations of this zoning ordinance.

Minneapolis Code of Ordinances § 545.970 Change of use.

545.970. - Change of use. A nonconforming use may not be changed to any use other than a use permitted in the district in which the use is located, unless approved by the city planning commission in accordance with the process and findings specified in Chapter 525, Administration and Procedures.

Minneapolis Code of Ordinances § 545.980 Maintenance and repair.

545.980. - Maintenance and repair. (a) In general. Normal maintenance and repair, including cosmetic changes and replacement, restoration and improvement, may be performed on any nonconforming structure or on any conforming structure containing a nonconforming use, provided however, that no such maintenance or repair shall result in an expansion, relocation, or enlargement of the use or structure or increase the extent of the nonconformity, except as otherwise provided by this chapter. (b) Replacement. Following damage or destruction, replacement of a nonconformity shall mean that the structure and site, if reinstated with a nonconformity as allowed under the terms of this chapter, shall be reconstructed to match the pre-existing conditions that preceded damage or destruction. Reasonable conditions may be imposed by the zoning administrator to mitigate any newly created impact on adjacent property. Nonconformities that are completely or substantially reconstructed that include changes to building placement or design shall be subject to section 545.940, Expansion or alteration of nonconforming uses and structures. (c) Safety of operation. Except as governed by section 545.960, for the purpose of this section, maintenance and repair shall include the replacement of above ground storage tanks where safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, indoor machinery or equipment not involving structural alterations which will increase the bulk of the building or structure, and replacement of underground tanks, provided any such replacement of an underground tank complies with the provisions of this ordinance and all other applicable regulations. (d) Exceptions. The zoning administrator may authorize minor changes in the placement and size of improvements provided such changes decrease the extent of the nonconformity.

Minneapolis Code of Ordinances § 545.990 Nonconforming lots.

545.990. - Nonconforming lots. (a) General restriction; exception. No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the board of adjustment, except as otherwise provided in this section. Notwithstanding any other provision to the contrary, in the urban neighborhood and residential mixed-use districts, a single-, two-, or three-family dwelling and a congregate living use serving six (6) or fewer persons shall be permitted on a lot of record existing on the effective date of this ordinance, and in the UN3, residential mixed-use, commercial mixed-use, and downtown zoning districts, a residential building with four (4) or more dwelling units shall be permitted on a lot of record existing on the effective date of this ordinance, provided that the yard dimensions and all other requirements for the district in which the lot is located, not involving lot area or lot width, shall be met. (b) Required merger of common ownership lots in the SH Shoreland Overlay District. Notwithstanding the provisions of subdivision (a) and maximum lot area requirements, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width or lot area and is located within the SH Shoreland Overlay District, such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more parcels of land each meeting the full lot width and lot area requirements of this zoning ordinance, and Chapter 598 of the Minneapolis Code of Ordinances, Land Subdivision Regulations. (c) Lots nonconforming as to maximum lot area. Notwithstanding the provisions of subdivision (a), a lot that is nonconforming as to the maximum lot area of the zoning district only shall have all of the rights of a conforming lot. Such lots shall not be enlarged except as allowed in Chapter 540, Built Form Overlay Districts, Article VIII, Lot Dimensions.

Minneapolis Code of Ordinances § 545.1000 Compliance with current standards.

545.1000. - Compliance with current standards. All nonconforming uses and all conforming uses in nonconforming structures shall at all times maintain compliance with all general performance standards and with all landscaping, screening, and curbing requirements applicable in the district in which the use is located, or applicable in the most restrictive district in which the use is first allowed, whichever has the greater requirement. Upon determination by the zoning administrator that strict compliance with applicable standards would be practically or economically infeasible, the zoning administrator shall require compliance with such portion of applicable standards as is practically and economically feasible.

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT20ZOCO_CH545USRE_ARTVINOUSSTFetched: 11/2/2026