HomeMy WebLinkAbout[04] Ordinance 55 & 52.08CITY OF ST. OSFPH
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Public Hearing
City of St. Joseph
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
~ucly Weyrens Monday, Apri17, 2008 at 7:00 PM. The purpose of the hearing is to consider amendments
Administrator to the following Ordinances:
55 Housing Occupancy. This amendment includes livability standards
Mayor .52.08 Non Conforming Uses. This amendment reflects recent changes in
AI Rassier MN Statute regarding the ability to reconstruct in the event of
damage greater than 50% to the structure.
Councilors The full texts of the amendments are available at the City Offices or on the City website:
Steve Frank ~,~,~,~,~,~,,cityofstjoseph.com. All persons wishing to be heard will be heard and oral testimony
Rick Schultz is limited to five minutes. Written testimony should be mailed to the City of St. Joseph; PO
Renee Symanietz $ox 668; St. Joseph MN 56374.
Dale wick
Judy Weyrens
Administrator
Publish: March 21, 2008
as .College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374
Phone 3ao.363.7zoi Fax 3zo.363.o34z
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. Anv nonconformty. includint; the
lawful use or occupation of land or premises existing at the time of the adoption of this
Ordinance may be continued. includin;f through repair, replacement, restoration. maintenance, or
improvement. but not includiu~; expansion, unless the nonconformity or occupanc~~ ceases for a
period of one vear or any nonconforming use is destroyed by fire or other peril to the extent of
greater than 50 percent of its market value, and no building permit has been applied for within
180 days of when the property is dammed. Anv subsequent use or occupancy of the land or
premises shall be a conforming use or occupancy. Tr,~'~«~~~~~' ~~~~ ^~^'~~~~'~'~~~ ^r ~* ~"r~e
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
construction and alteration of garages and accessory buildings is also permitted, as long as the
improvements conform Ito the zoning requirements for both the zoned use of the property,
and the non-conforming use.
52.08-1
ORDINANCE 52 -ZONING ORDINANCE
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 amore than fifty (50) percent of its t~,°r ~~~,..,;°°~amarket value, as appraised by an
independent appraiser, exclusive of foundations at the time of damage by fire, collapse,
explosion or acts of God, or public enemy, shall not be restored or reconstructed and used as
before such a happening; but, if damaged less l~than fifty (50) percent of its market value
damagesabove 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 and no building_permit has been applied for within 1.80 days of when the property
damaged.
Subd. 9: Discontinuance ofNon-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: Sins. 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.
52.08-2
ORDINANCE 52 -ZONING ORDINANCE
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-Conforming 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.
52.08-3