HomeMy WebLinkAbout[05] Ordinance Amendment 52.08crrv c~ ti r. ~~ n~:vti
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
Council Agenda Item
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.
rJ:~LitNANCE 5~ - ZC1•dINC OR~T~P.NC~
;,ocher 51.08 NON-CO1~IFORNrNG 1SES
Subd.:: Intent !t is not the intent of this section to encourage the non-conforming use
of land. Nen-ccnformities are declared by this Ordinance tc be incompatible with permitted uses
in the distr,ets in which the non-confarrnity occurs. Anon-conforming use of a structure, a
non-conforming use cf land, or a ncn-conforming use of z structure and land in combination.
steal; not be extended or enlarged after passage of this Ordinance by attachment on a building or
land cf additional signs intenaed to be seen from off the premises, or by the addition of other
.aes of a nzture which would be generally prohibited in the district in which such use is located.
Subd. c: Continuation of Non-Conforrnin Use. Any nonconformity, including the
lawful use or occupation, of ;and 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
~:.!~ ~-the nonconforming use is destroyed by fire, collapse, explosion or acts of
Ood, or public enemy or other peril to the extent of s0 percent, or eater, of its
market vz!ue;~~eter~ed~ ,and nc building permit
has __been applied for within 180 days of when the v_property is damaged. ~e
Anv subsequent use or occupancy of the, land or premises shall be a conforming use or
occupant
S:bd. 3: Exter,sior, or Expzr~sion cfNon-conforming, Use. Anon-conforr:,ing use of z
residential, commercial er industrial building may not be extended or expanded by adding ante
the building. A non-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 nor.-conforming, Except as specifically provided in Subd. 6 cf this section.
Subd. 4: Structural Change. Ne existing structure devoted to anon-conforming use shall
be P.niargP,d, P.xtended, reeGriStruCteG, mOVed, Or StrtACti!raiiy altered except it changing the use of
the structure to a conforming use.
Subd. s: Maintenar.•ce. Niair,tenance of z buiidirg e; other structure containing or used
for anon-conforming use will be permitted when it includes necessary ncn-structural repairs and
incidentzi alterations which de not extend or intensify the non-eonforming building or use.
s~ e~-?
GR_~;NANCw ~~ - Z'?1~!iN~: ~`? ~aNANC
S~dbd. v- F~eSldentlal A.'•terat'on S. A!teratlons may oe. made tC 2 rES!dP.n'ia! b'd)~o!ig
„C"ta;r'1ng nC^, cOnfCrrn,ng :eSlderila' Gn':t5 ~N~P,P. they wil 'r:ip'C/P. the IiVab`ility and Safety Of
such units provided, however, that they do not increase the number of dwelling units ~r the
oa~.d'~ng. AdditlOnS may bP, maoe tC nOn~ ConfoT!n7ng reS7de,nUal blillo?r:gS, 'IP'ited LC an increaSF.
,r. t"~e ~;iv:ng area of nc more than 20% of the existing mair. Boor square footage The
canstruet~~on and a}teratior; of garages and accessory buildings is a;so permitted, as long as the
-r:>;-ove~-:eras confers tc the zoning reGLirements for boih the zones use of the property, and
the non•ronform:ngnse.
Subd 7 C ange of Non-confermin~ Use Anon-conforming use cannot be changed tc a
comparabieaon-conforming use. Whenever anon-conforming use has been changed tc a
conforming use, er to a use permitted in a district of greater restr,ctions, it shah not thereafter be
changes tc a non conforming use of a less restricted district.
Subd 8 Restoration After Destruction. Any non-conforming building or structure
damaged by fire, collapse, expiesion or acts of God, or public enemy by;
A. more than ffty (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 applies for within l80 days after the property is damaged. The
reconstruction must be of like or similar materials or the architectural design and
i~xbuil.dingg materials must be approved by the PlanningCommiccinn a,,.,
restoration permitted must be complete within twelve months of the hap ning
if the City determines that more than 50% of the structure has been destroyed and
the rp operty owner makes application. for a. building aermit after the 180 day period the
following will apply:
i if the property owner disputes the Ci 's determination that more than
50% of the structure_has n destroyed. he/she may, at his/her sole
expense, hire an_independent appraiser to determine the market value and
rep sent the appraisal to the Cif Council for reconsideration
ii: if the City Council maintains its determination after receiving the
a raisal the hsupert~ owner stfall have_the r~ht tir appeal the Citv~s
market value determination to the Board of Appeals. and Adjustments.
Such appeal. must be_ brou ht within tht i j30~ sites receiving the
appraisal.
B, lei; i-~dae~sg~less thar: ; fty (50) percent of its market value above the
foundation, ir. may be restored, reconstructed or used as
before prev~r'ed that it is done within t Helve (-i 2) months of the happening
and that it be built of like or similar materials, or , the architectural
design ans building materials are approved by the Planning __ Commission.
5208
02DiNANCL 52 - ZCN'NG OR%rNANC
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Subd 9: Dlscontir,uance cfNon-Conforming Use. If a Horn conforming use of a
building or land is discontinued cr ceased for a period of one. year or more, or if the use is
involuntarily discontinued ar,d ceased because cf the revocation of z permit or the right tc
engage in the use, subsequent use of such building or land shall conform thereafter :o the use
permitted in the. district in which it is located.
Subd l G 3unk~Iard. No junkyard may continue as anon-conforming use for more than
thirty (3 G; years after the effective date cf this Ordinance, except that ajunkyard may continue as
a r,on-conforming use in an industrial district if within. that period it is completely enclosed
within a building er within, a continuous solid fence of not less than eight (8; feet ir, height or
other approved screening which screens completely the operations of thejunkyard. Approval of
the fence or screen design shall be obtained from the Planning Commission.
Subd. 1;: Si ns. Signs pertaining to or advertising products sold on the premises of a
nor,-cer,forming building er 'use may be continued only when the non-conforming use is
permitted tc continue and such signs shall not be expanded in number, area, height, or
illumination. New signs not to exceed the maximum allowed under Ordinance 52.1 i may be
erected only a$er al i other signs existing at the tune of the adoption of this Ordinance have beer,
ren;oved. New signs in conformity with the above may have iiluminatior~ not to exceed 240
watts on one face of the sign, but flashing intermittent or moving illumination is not permitted.
Subd. i2: Buildings Under Construe±ior and Bu~ldin Permits Granted Prier tc Adoption
of Ordinance. Any proposed structure which will, under this Ordinance, become
Hen conforming but for which a t;ullding permit has beer, lawfully granted prior to the efie,Ct've
date of This Ordinance, may be completed ir. accordance with the aporcved plans; provided
ccnstructior: is started within sixty (E0; days of t'r~e effective date of t'r~is Ordinance, a net
abandoned for a period of more than. "120 days, and continues to completion. within Ywo (2j years.
Such structure and use shall thereafter be a legally non-conforming structure and use.
Subd 13: Non-cor,formi:ng Lets of Record. Where a !ot of record exists within. the City
V/hiCl; iS Vueani yr iuiit upon, but does not meet the iC? reC.iu;rements Of tr1P, ZCne at the effeetlVe,
date of this Ordinance, and the propesec or existing use is a pern-iitted or permitted accessory use
for that zone, a building perrr;i? may be issuee to bui;d a new structure or reconstruct a destroyed
structure as outlined in Section 52.8.08; provided that yarn setback reeuirements are met.
Subd i4 Non-Conforming Lots. Asingle-family dweillr;g and customary accessory
bt<!ding, nC?withs?anc:ng ilm!taticns Imposed by Cther prGVISiOP.S Cf this GrdlnanCe, may oe
ForrnatteeL Numbered + Level: 1 + 1
Numbering Style: a, b, c, + Star at 1 +
Alignment: Leh + Aligned at' 0 5" + Indent at
D.75"
Formatted: Numbered + Level: r +
Numbering Style. i, ii, iii, + Start at 1 +
Alignment: Lefi + Aligned at: )" + Indent at:
1 S" - -- J
52.08-?
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 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.
52.08-4