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HomeMy WebLinkAbout[05] Ordinance Amendment 52.08crrv a~ rrt: ~r~xrH Council Agenda Item MEETING DATE: June 2, 2008 AGENDA ITEM: Ordinance Amendment - 52.08 Non Conforming Use SUBMITTED BY: 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. The Planning Commission again considered this matter on May 5, 2008. At that time the Planning Commission requested clarification on the continuation of a non conforming use and if the language should reference building permit within 180 days of an event or 180 after an event. BACKGROUND INFORMATION: The Legislature modified the Statue regarding the rebuilding opportunity for non conforming uses if a building is destroyed beyond 5096. Since our Ordinance mirrors State Statute our current Ordinance is in conflict with the Statute. As a result staff has recommended updating the Ordinance. The City Attorney has clarified that the legislation change only allowed for continuation if the property owner secured a building permit within 180 of an event that destroyed the structure beyond 5096. No provisions have been made for continuation after the 180 days. Therefore, the language in the Ordinance amendment was changed to within 180 days not after 180 days. 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 of Non-Conformin 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 enemy or other peril to the extent of 50 percent of its market value, as determined 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, following receipt of an application for a building permit -within the 180 day period, 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. A permit applicant who disputes the determination may appeal 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 Chance. 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 52.08-1 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 enemy by 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,; 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. 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. 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 a non-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: Ste. 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 52.08-2 ORDINANCE 52 -ZONING ORDINANCE abandoned for a period of more than 120 days, and continues to completion within two (2) yeazs. 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 aze 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 sepazate 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 aze generally applicable in the district, provided that yard dimensions and other requirements not involving azea 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 azea and width requirements of this Ordinance, the lot must not be considered as a separate pazcel 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 (l) or more pazcels of land, each meeting the azea and width requirements of this Ordinance. Variances of azea, width and yard requirements shall be obtained only in accordance with Section 52.7, Subdivision 2 of this Ordinance. 52.08-3 Judy Weyrens From: ROGER BEUNING [rogandbarb120@msn.com] Sent: Friday, May 30, 2008 3:53 PM To: Judy Weyrens Subject: Rental Saturation Judy Weyrens City Administrator: Judy; Could I get a copy of this to each Planning Commission Member. Thank You. We as R-1 Core Neighborhood Residents are getting "Tried & Angered" about Rental Saturation! What did this Rental Moratorium do, or what Ordinance changes did our City make to curtail this Non-conforming use in R-1 Neighborhoods? Promises were made to do this, "protect Core R-1 Neighborhoods from Rental Saturation and protecting the Integrity, Make-up of these Core R-1 Neighborhoods by maintaining the R-1 Atmosphere, etc, etc! Non Conforming Uses will be held to a minimum". With this new Application for 201 East Minnesota St.. This will make "three" Properties in a row Rental out of "five" Properties on that side of the street. I believe that's 60 percent. What's the magic number as promised? This doesn't even take into consideration the other Grandfathered Rental Properties located in this R-1 Neighborhood. Were does it stop? These aren't some Blighted Properties that couldn't sell. This is still a very viable R-1 Neighborhood! We've had several Properties that sold within the last year and young Families bought them as Starter Homes! That's what R-1 Neighborhoods are for aren't they, to grow the Community. Not be vacant as many of these present Rentals are from May till August. How does that help the Downtown Business, it doesn't! If the City can't live up to its "promises" on Rental Saturation, then at least "enforce" the Ordinances that pertain to Rental's and even other Properties. Cut the Grass Shovel the Snow Parking on the Lawn Noise/ Behavioral issues More then allotted Renter's General Neatness We as Residents always here they have "rights". A question, don't we have rights also as Tax Paying Residents? Thank You! Roger Beuning Core Neighborhood Residents Group Leave Subdivision 2 as it was. Subd.2: Continuation ofNon-Conforming Use. The lawful use of a building or structure existing at the time of the adoption of this Ordinance may be continued although such use does not conform with the district provisions herein, unless the use ceases for a period of one year. Change only Subdivision 8 which addresses Restoration after Destruction which is what was changed by the state law. Subd. 8: Restoration after Destruction. Any non-conforming building or structure damaged by fire, collapse, explosion, acts of God, or public enemy by more than fifty (50) percent of its market value (exclusive of foundations) inde„e ~~?~„t ~ ~; ~or ~+ +~ +•w. „~• a shall not be restored or reconstructed and Y vi. a.aYYi ua.,va u~~.uv uaa , used as before such a such a happening unless a building permit has been applied for within. 8,0 days after the property is damaged. If damaged less than fifty (50) percent of its market value above the foundation, it may be restored, reconstructed or used as before. Regardless of the extent of damage, the property must be restored or reconstructed within twelve (12) months of the event. The restoration or reconstruction must be built of like or similar materials as prior to the event unless the architectural design and building materials are approved by the Planning Commission. If the city believes the property is damaged greater than fifty percent and the building permit was applied fog after~'80. days of the event the city will get an indepgndent appraisal to determine tie market value before and after the damage. If the permit applicant disputes the appraisal an appeal may be made to the Board of Appeals and Adjustments (St. Joseph Planning Commission). The appeal must be filed within thirty (30) days of receiving the appraisal from the City.