FINAL ORDINANCE NO. 08-157 - Laserfiche WebLink

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Once changed to a conforming use, no building or land shall be permitted to revert to a non -conforming use. G. Change of Use with Approval of the Board of Adjustment. A non -conforming use all or partially conducted in a building or buildings, may be changed to another non -conforming use only upon determination by the Board of Adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Board of Adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazards; and hours and manner of operation. H. Restoration ofNon-Conforming Building or Structure. A non -conforming building-er use building or structure which is damagedF destroyed by fire, flood, wind, e,,,fl., uake, or other ealamiy peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged may be restored and the occupancy or use of the building, structure, or part of the structures which existed at the time of the partial destruction, may be continued or resumed; Yrovideahat the felt fation is started within u pyear eriod of . and a•l, en4l prosecuted w i eampletion 0 0 ease, or mefe of the the reeenstizuetion shall eenfoFm to the prov4siens of this eh In this case, the citvmav impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property or water body. When a non -conforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its its estimated market value, as indicated in the records of the county assessor at the time of damage the structure setback may be increased if practicable and reasonable conditions are placed upon a building permit to mitigate created impacts on the adjacent property or water body. I. Abandonment of Use. When any non -conforming use of land or of a building or structure is abaadexed discontinued for a period in excess of 1 year, the land, building, or structure shall,, subsequently be used ,.,,Ay a previded by this ehapte not be allowed to continue as a non -conforming use and any subsequent use or occupancv of the land, building or structure shall be a conforming use or occuroancv. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-157 was adopted on this day of 2016, by a vote of Ayes and Nays. Ff:Ek7MW11741.3 q3.7FM