08/23/2010 Council Packet - Laserfiche WebLink

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without a permit and after the Building Official informed the applicant that a permit was required. The current installation does not meet building code requirements. The attached `Reference Plan', sheet S1, depicts the location of the `new entry'. The notes on the plan were written by the Building Official prior to issuing the permit for the eyebrow roof addition to the `pole barn building'. The building (and site) is considered non - conforming because it is setback 24.8 feet from Maple Street, where 30 feet is required and it is 1.4 feet from the rear property line where 30 feet is required. Additionally, the building itself does not conform to the architectural standards for Commercial /Industrial /Institutional Buildings. According to the ordinance, the structure is allowed to remain on the site but may not be expanded. The non - conforming section of the ordinance is depicted below: Subd. 2. Non - Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non - conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non- conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non - conforming uses shall be eventually brought into conformity. B. Provisions. 1. Any nonconformity, including the lawful use or occupation of and or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. 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 damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. —32— KI Auto Page 2 of 6 • • •