HomeMy WebLinkAbout[08a] Ordinance Amendment 52.08.~ ?:+~.'
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MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item 8 a
July 17, 2008
Ordinance Amendment
Non Conforming Use - 52.08
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has been
working on the Amendment for the past several months and on July 7, 2008 they unanimously
recommended the Council approve the amendment to Ordinance 52.08.
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
See attached Planning Commission Form
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Planning Commission Action Form, Final Ordinance Draft, Ordinance
Amendment and Resolution, Resolution 2008-011 authorizing summary publication.
REQUESTED COUNCIL ACTION: This agenda items requires two separate actions of the City Council.
1. Authorization for the Mayor and Administrator to execute the Amendment to
Ordinance 52.08, Non Conforming Uses.
Authorization for the Mayor and Administrator to execute Resolution 2008-011
authorizing summary publication of the Amendment to Ordinance 52.08, Non
Conforming Uses.
Planning Commission Agenda Item
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MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
July 7, 2008
Ordinance Amendment -Non Conforming Use
Administration
Recommend the Council amend Ordinance 52.08
PREVIOUS PLANNING COMMISSION ACTION: Please refer to the last packet.
BACKGROUND INFORMATION: I have modified the Ordinance Amendment 52.08 based on the
discussion at the last Planning Commission meeting. We have made a provision in the amendment that
clarifies what happens with both less than 509'o and more than 509'0 or greater damage. The previous
amendment had the City paying the cost of an appraiser. We have modified that provision that if the
property owner requests a building permit and the City has determined the damage is beyond 509'0, the
property owner must prove the damage percentage.
ATTACHMENTS:
Ordinance Amendment
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council accept the amendment
to Ordinance 52.08 causing the same to be published and effective upon publication.
ORDINANCE 52 -ZONING ORDINANCE
Section 52.08: NON-CONFORMING USES
Subd. l: 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 of Non-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
a. _ _ the nonconformity or occupancy ceases for a period of one year; or
h a~ the nonconforming use is destroyed by fire, collapse, explosion or acts of
God, or public enemy or other peril to the extent of 50 percent, ur rcater, of its
market value: esdeterm+fle~#~~+~#epe~er~~re+sc~F- and no building permit
has _ been applied for within 180 days of when the _property is damaged. ~=He
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tent ~ ~BE~ ef4ry-peric~ t#re~ify--is-ef~~i~ier}~b~e
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A~ subsequent use_or occupancy of the land or r.P emises shall. be a conformin use or
occupancy.
Subd. 3: Extension or Expansion of Non-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 Change. 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 o1~ 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.
52.08-1
ORDINANCE 52 - TONING ORDINANCE
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 [he number of dwelling units in the
building. Additions may be made to non-conforming residential buildings, limited to an increase
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 of Non-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 enemy by:
A. more than fifty (50) percent of its market value (exclusive of foundations) as
appraised by an independent appraiser at the time of damage, shall not be restored
or reconstructed and used as before such a happening unless a building permit
has been applied for within 180 days after the property is damaged. Itie
reconsU~uctiun must be ut like or similar materials ur [he architectural design and
ba~irrbuildingi~ materials must be approved by the Planning. Commission. Anv
restoration permitted must be complete within twelve months of the happening.
If the City determines that more than 50% of the structure has been destro emend
the property owner makes application for a building ep unit atier_the 180 day period the
following will apply:
i. If the propeny owner disputes the City's determination that more than
50% of the structure has been destroyed, he/she mav, at,his/her sole
expense, hire an independent appraiser to determine the market value and
present the appraisal to the City.Council for reconsideration.
ii. _ If the City Council maintains its determination after receiving the
appraisal, the propert~~ owner shall have the right to appeal the City's
market value detenmination to the Board of Appeals and Adjustments.
Such appeal must be brou ht within.thir[y_~30Z days receiving the
ap raisal.
B, .but. i~ wed less than fifty (50) percent of its market value above [he
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.
52.08-2
ORDINANCE 52 -ZONING ORDINANCE
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Subd. 9: Discontinuance of Non-Conforming Use. If anon-conforming use o1~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. ]0: Junk,, acrd. Nojunkyard may continue as anon-conforming use for more than
thirty (30) years after the effective date of this Ordinance, except that ajunkyard 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. 1 1: Si ns. 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. I 1 may be
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 sign, 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
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, may be 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 pern~itted or permitted accessory use
for that zone, a building permit may be 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.l4: Non-Conforming Lots. Asingle-family dwelling and customary accessory
building, notwithstanding limitations imposed by other provisions of this Ordinance, may be
Formatted: Numbered + Level: 1 + ~
Numbering Sryle: a, b, c, _ + Start at: I + ~
AlgnmenC Left + Aligned at: 0.5" + Indent at:
0.75° . --~----
F matted: Numbered + Level: 1 +
Numbering Sryte: i, ii, iii, _. + Start at: 1 +
I AliynmenC Left + Aligned at: 1" + Indent at:
1.5"
52.08-3
ORDINANCE 52 - 7.ONING ORDINANCE
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 ot~this Ordinance. Variances of area, width
and yard requirements shall be obtained only in accordance with Section 52.7, Subdivision 2 of
this Ordinance.
52.08-4
AMENDMENT TO ORDINANCE 52.08
NON CONFORMING USES
The City Council of the City of St. Joseph hereby ordains:
That Ordinance 52.08 is revoked in its entirety and the following language is enacted in its place:
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 of Non-Conformine 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
a. the nonconformity or occupancy ceases for a period of one year; or
b. the nonconforming use is destroyed by fire, collapse, explosion or acts of God, or
public enemy or other peril to the extent of 50 percent, or greater, of its market
value and no building permit has been applied for within 180 days of when the
property is damaged. .
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 Change. 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
in the living area of no more than 20% of the existing main floor square footage. The
52.08-1
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 of Non-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 enemy by:
A. more than fifty (50) percent of its market value (exclusive of foundations) as
appraised by an independent appraiser at the time of damage, shall not be restored
or reconstructed and used as before such a happening unless a building permit
has been applied for within 180 days after the property is damaged. The
reconstruction must be of like or similar materials or the architectural design and
building materials must be approved by the Planning Commission. Any
restoration permitted must be complete within twelve months of the happening.
If the City determines that more than 50% of the structure has been destroyed and
the property owner makes application for a building permit after the 180 day period the
following will apply:
i. If the property owner disputes the City's determination that more than
50% of the structure has been destroyed, he/she may, at his/her sole
expense, hire an independent appraiser to determine the market value and
present the appraisal to the City Council for reconsideration.
ii. If the City Council maintains its determination after receiving the
appraisal, the property owner shall have the right to appeal the City's
market value determination to the Board of Appeals and Adjustments.
Such appeal must be brought within thirty (30) days receiving the
appraisal.
B. 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.
Subd. 9: Discontinuance of Non-Conformin 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.
52.08-2
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: Signs. 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 may be
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 sign, 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
non-conforming but for which a building permit has been lawfully granted prior to the effective
date of this Ordinance, may be 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 may be 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. lf, 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.
This amendment is adopted the 17th day of Ju1L, 2008 and shall be effective upon
publication.
52.08-3
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
This amendment was published on , 2008
52.08-4
CITY OF ST. JOSEPH
AMENDMENT TO ORDINANCE 52.08
NON CONFORMING USES
SUMMARY PUBLICATION
The City of St. Joseph has adopted an amendment of Ordinance 52.08: Non Conforming
Uses.
The purpose of the amendment to Ordinance 52.08 was to adopt the recent Legislative
changes to Minnesota Statutes allowing the re-building of a non conforming structure if the
property owner makes application for a building permit within 180 days of the event that destroy
beyond 50% the principal structure.
This material is a summary of the amendments to Ordinance 52.08 Non Conforming
Uses. The full text of the Ordinance and amendment is available for inspection by any person
during regular office hours at the office of the St. Joseph City Administrator.
This amendment is adopted the 17`h day of July , 2008 and shall be effective upon
publication.
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
This summary publication was published on , 2008
52.08-1
CITY COUNCIL RESOLUTION #2008-011
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.08
(Non Conforming Uses)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 52.08, entitled "Non
Conforming Use";
WHEREAS changes in Minnesota Statute required the Ordinance pertaining to Non Conforming
Uses be amended to conform with State Statute; and
WHEREAS the St. Joseph Planning Commission conducted a public hearing on the Ordinance
Amendment on April 7, 2008 and on June 2, 2008 requested the City Council adopt the final amendment
to Ordinance 52.08; and
WHEREAS the St. Joseph City Council approved the amendment to Ordinance 52.08 requested
the same be published; and
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 17`" day of July, 2008, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
Alan Rassier, Mayor
By
By
Judy Weyrens, Administrator/Clerk