04/14/2010 P&Z Packet - Laserfiche WebLink

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Interim Use Permit 2209 Phelps Road page 6 • The current zoning ordinance includes the following, which is very similar to the 1997 ordinance. (Underlining is added as highlighting.) SECTION 3. GENERAL PROVISIONS Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Subd. 2. Non - Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non - conforming 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 land 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. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City 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. • The 1971 and 1992 zoning ordinance includes the following provisions (underlining added):: Sec. 4, Subd. 3 Nonconforming Uses and Structures. (1) Any structure or use lawfully existing upon the effective date of this ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. (5) Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance. • • •