HomeMy WebLinkAbout[04] Ordinance Amendment 52.08~+
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MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item
May 5, 2008
Ordinance Amendment -
52.08 Non Conforming Use
Administration
STAFF RECOMMENDATION: Recommend the Council adopt Ordinance 52.08, Non
Conforming Use causing the same to be published.
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission conducted the public hearing
for the amendment to Ordinance 52.08 on April 7 2008. At the public hearing the Planning Commission
requested clarification on two provisions in the amendment-
1. Determination of Market Value: The Commission questioned who will determine the
market value and what is the process for appeal if the property owner does not agree. The
City Attorney has modified the Ordinance to add conflict resolution through the Board of
Appeals and Adjustments.
2. Building Permit -The first amendment included language that prohibited the securing of a
building permit after an event if a building permit has been secured witin 180 days of the
event. The language has been modified to remove this concern.
BACKGROUND INFORMATION: As stated in the last packet, the Legislature modified the Statue
regarding the rebuilding opportunity for non conforming uses if a building is destroyed beyond 50%.
Since our Ordinance mirrors State Statute our current Ordinance is in conflict with the Statute. As a
result staff has recommended updating the Ordinance.
ATTACHMENTS: Amendment to Ordinance 52/08
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council adopt the Amendment
to Ordinance 52.08 causing the same to be published.
ORDINANCE 52 -ZONING ORDINANCE
Section 52.08: NON-CONFORMING USES
Subd. 1: Intent. It is not the intent of this section to encourage the non-conforming use
of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses
in the districts in which the non-conformity occurs. Anon-conforming use of a structure, a
non-conforming use of land, or anon-conforming use of a structure and land in combination
shall not be extended or enlarged after passage of this Ordinance by attachment on a building or
land of additional signs intended to be seen from off the premises, or by the addition of other
uses of a nature which would be generally prohibited in the district in which such use is located.
Subd. 2: Continuation ofNon-Conforming Use. Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption of this
Ordinance may be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless the nonconformity or occupancy ceases for a
period of one year or any nonconforming use is destroyed by fire-, collapse, explosion or acts of
God, or public enemyor other peril to the extent of 50 percent of its market value, as
aisdetercnined by an independent appraisal, and no building permit has been applied for
within 180 days of when the property is damaged. The City shall obtain the appraisal referenced
above if, followin rg eceipt of an application for a building_permit after the 180 damperiod, the
City is of the opinion that the nonconforming use has been destroyed by 50 percent of its market
value and shall provide a copy thereof to the permit applicant. Apermit applicant who disputes
the determination ma~ppeal to the Board of Appeals and Adjustments. Such appeal must be
brought within thirty (30) days of receiving the appraisal. Any subsequent use or occupancy of
the land or premises shall be a conforming use or occupancy.
Subd. 3: Extension or Expansion ofNon-conforming Use. Anon-conforming use of a
residential, commercial or industrial building may not be extended or expanded by adding onto
the building. Anon-conforming use of a residential, commercial or industrial land shall not be
enlarged, expanded, increased or extended to occupy a greater area than was occupied when the
use became non-conforming, except as specifically provided in Subd. 6 of this section.
Subd. 4: Structural Chanue. No existing structure devoted to anon-conforming use shall
be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of
the structure to a conforming use.
Subd. 5: Maintenance. Maintenance of a building or other structure containing or used
for anon-conforming use will be permitted when it includes necessary non-structural repairs and
incidental alterations which do not extend or intensify the non-conforming building or use.
Subd. 6: Residential Alterations. Alterations may be made to a residential building
containing non-conforming residential units when they will improve the livability and safety of
such units provided, however, that they do not increase the number of dwelling units in the
building. Additions may be made to non-conforming residential buildings, limited to an increase
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ORDINANCE 52 -ZONING ORDINANCE
in the living area of no more than 20% of the existing main floor square footage. The
construction and alteration of garages and accessory buildings is also permitted, as long as the
improvements conform to the zoning requirements for both the zoned use of the property, and
the non-conforming use.
Subd. 7: Change ofNon-conforming Use. Anon-conforming use cannot be changed to a
comparable non-conforming use. Whenever anon-conforming use has been changed to a
conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be
changed to anon-conforming use of a less restricted district.
Subd. 8: Restoration After Destruction. Any non-conforming building or structure
damaged by fire, collapse, explosion or acts of God, or public enemYby more than fifty (50)
percent of its market value; (exclusive of foundations-as appraised by an independent appraiser;
° °'~~"~~-° ^~~ „~a.,"^~~ at the time of damage, ,
^~ ~''' ~ ° °~ °m ~ ~, shall not be restored or reconstructed and used as before such a happening
neunless a building permit has been applied for within 180 days eafter ~-the property
damaged,; but, if damaged less than fifty (50) percent of its market value above the foundation, it
may be restored, reconstructed or used as before provided that it is done within twelve (12)
months of the happening and that it be built of like or similar materials, or the architectural
design and building materials are approved by the Planning Commission-^^a ^^'~~~~'a~„~- ~°-~r~*
Subd. 9: Discontinuance of Non-Conforming Use. If anon-conforming use of a
building or land is discontinued or ceased for a period of one year or more, or if the use is
involuntarily discontinued and ceased because of the revocation of a permit or the right to
engage in the use, subsequent use of such building or land shall conform thereafter to the use
permitted in the district in which it is located.
Subd. 10: Junkyard. No junkyard may continue as anon-conforming use for more than
thirty (30) years after the effective date of this Ordinance, except that a junkyard may continue as
anon-conforming use in an industrial district if within that period it is completely enclosed
within a building or within a continuous solid fence of not less than eight (8) feet in height or
other approved screening which screens completely the operations of the junkyard. Approval of
the fence or screen design shall be obtained from the Planning Commission.
Subd. 11: Si~n_s. Signs pertaining to or advertising products sold on the premises of a
non-conforming building or use may be continued only when the non-conforming use is
permitted to continue and such signs shall not be expanded in number, area, height, or
illumination. New signs not to exceed the maximum allowed under Ordinance 52.11 maybe
erected only after all other signs existing at the time of the adoption of this Ordinance have been
removed. New signs in conformity with the above may have illumination not to exceed 240
watts on one face of the silm, but flashing intermittent or moving illumination is not permitted.
Subd. 12: Buildings Under Construction and Building Permits Granted Prior to Adoption
of Ordinance. Any proposed structure which will, under this Ordinance, become
52.08-2
ORDINANCE 52 -ZONING ORDINANCE
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, maybe completed in accordance with the approved plans; provided
construction is started within sixty (60) days of the effective date of this Ordinance, is not
abandoned for a period of more than 120 days, and continues to completion within two (2) years.
Such structure and use shall thereafter be a legally non-conforming structure and use.
Subd. 13: Non-conforming Lots of Record. Where a lot of record exists within the City
which is vacant or built upon, but does not meet the lot requirements of the zone at the effective
date of this Ordinance, and the proposed or existing use is a permitted or permitted accessory use
for that zone, a building permit maybe issued to build a new structure or reconstruct a destroyed
structure as outlined in Section 52.8.08; provided that yard setback requirements are met.
Subd.14: Non-Conformin Lots. Asingle-family dwelling and customary accessory
building, notwithstanding limitations imposed by other provisions of this Ordinance, may be
erected in any district in which single-family dwellings are permitted on any single lot of record
at the effective date of adoption of or amendment to this Ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same ownership. The provisions
shall apply even though such lot fails to meet the zoning requirements for area or width, or both,
that are generally applicable in the district, provided that yard dimensions and other requirements
not involving area or width, or both, of the lot shall conform to the regulations for the district in
which such lot is located. If, in a group of two (2) or more lots under the same ownership, any
individual lot does not meet the area and width requirements of this Ordinance, the lot must not
be considered as a separate parcel or land for the purpose of sale or development. The lot must
be combined with the one (1) or more contiguous lots so they equal one (1) or more parcels of
land, each meeting the area and width requirements of this Ordinance. Variances of area, width
and yard requirements shall be obtained only in accordance with Section 52.7, Subdivision 2 of
this Ordinance.
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