05/02/2011 Council Packet - Laserfiche WebLink

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Of the remaining 83 parcels, only 6 properties are developed with an existing use that is currently nonconforming to the zoning ordinance or just .07% of the properties. More notable is the fact that 46 %, or 38 of the remaining 83 parcels, are served by private wells. (including all 6 non - conforming uses). Since access to water is key to installation of a fire suppression system, and such a system is needed if the use in these building changes, the lack of city infrastructure is a greater impediment to redevelopment. Therefore, the final inventory being presented to the Task Force and City Council includes 23 of these 38 parcels. This focuses on those that are a substantial distance from water mains and therefore present what staff feels is the greater threat to the tax base. (Appendix C). Impediments to Continued Reuse of Properties a. Nonconforming Buildings /Sites/Uses State law establishes how a city must address nonconformities (MN Statute 462.357, Subd. le). A nonconformity may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: the nonconformity or occupancy is discontinued for a period of more than one year; or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated 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. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. Some additional restrictions apply in floodplain and shoreland areas. The city's zoning ordinance sets regulations that must be met when developing a site and a list of potential uses for each zoning district established in the city. If a building /site that was developed under a previous ordinance can't meet today's ordinance requirements, it is considered a non - conforming building /site. If a use was established legally under a previous ordinance, and it is not allowed in that zoning district under today's ordinance, it is considered a non - conforming use. Non - conforming buildings are usually the result of changes to architectural standards and setbacks. These buildings are allowed to be maintained and used in perpetuity. If the use changes, the city does not currently require upgrades to meet today's ordinances, but rather only requires that the building continue to meet all building and fire code requirements. 3 • • •