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2010-038 Council Resolution
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2010-038 Council Resolution
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9/17/2021 1:14:49 PM
Creation date
8/29/2014 2:12:44 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
04/26/2010
Council Meeting Type
Regular
Resolution #
10-38
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Interim Use Permit <br /> 2209 Phelps Road <br /> page 6 <br /> • ordinance both in the 1970s and the current ordinance. The relevant passages are highlighted <br /> below. The point is that the concept and intent of the"nonconforming" status has been <br /> recognized for many years in the City's zoning ordinances. <br /> • The current zoning ordinance includes the following,which is very similar to the 1997 <br /> ordinance. (Underlining is added as highlighting.) <br /> SECTION 3. GENERAL PROVISIONS <br /> Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general <br /> development performance standards. These standards are intended and designed to assure <br /> compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, <br /> safety and general welfare of the residents of the community. <br /> Subd. 2. Non-Conforming Uses and Structures. <br /> A. Purpose. It is the purpose of this section to provide for the regulation of non-conforming <br /> buildings, structures and uses and to specify those requirements, circumstances, and conditions <br /> under which non-conforming buildings, structures and uses will be operated and maintained. The <br /> Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location <br /> of uses which are permitted in that district. It is necessary and consistent with the establishment of <br /> these districts that non-conforming buildings, structures and uses not be permitted to continue without <br /> restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually <br /> brought into conformity. <br /> B. Provisions. <br /> 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time <br /> of the adoption of an additional control under this chapter, may be continued, including through <br /> repair, replacement, restoration, maintenance, or improvement, but not including expansion, <br /> unless: <br /> a. The nonconformity or occupancy is discontinued for a period of more than one year; or <br /> b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 <br /> percent of its market value, and no building permit has been applied for within 180 days of <br /> when the property is damaged. In this case, the City may impose reasonable conditions upon <br /> a building permit in order to mitigate any newly created impact on adjacent property. <br /> 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or <br /> occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities <br /> reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, <br /> or safety. <br /> • The 1971 and 1992 zoning ordinance includes the following provisions (underlining added):: <br /> Sec. 4, Subd. 3 Nonconforming Uses and Structures. <br /> (1) Any structure or use lawfully existing upon the effective date of this <br /> ordinance may be continued at the size and in a manner of operation <br /> existing upon such date except as hereinafter specified. <br />
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