FINAL ORDINANCE NO. 2012-062 - Laserfiche WebLink

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SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Ordinance, by adding the following language (this language is being moved in its entirety from the existing §154.005): ARTICLE 4 - NON -CONFORMING USES AND STRUCTURES 5154.150 Application 5154.151 Non -Conforming Uses, Buildings, and Stuctures §154.150 Application. A. Application; generally. Except as provided in this chapter, no building or structure shall be erected, moved, altered, or extended and no land, building, or structure or part of the building, shall be occupied or used unless in conformity with regulations specified in this chapter for the district in which it is located. B. Application to existing structures. This chapter shall not apply to existing buildings and structures, nor to the existing use of any structure, or land to the extent of the use on the effective date of this chapter. This chapter shall apply to any change in use, to any movement of a building or structure, or to any expansion of a structure which may result in the generation of additional sewage for on -site disposal. C. Use defined. For the purpose of this chapter, the word USE shall mean: 1. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or 2. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure, or on a tract of land. §154.151 Non -conforming uses, buildings and structures. A. Definitions. 1. NON -CONFORMING USE. Any lawful use of land or any lawful use of a building or structure existing on the effective date of this chapter, or any amendment to this chapter which use does not conform with the regulations for the district in which it is located after the effective date of this chapter or the amendment. 2. SUBSTANDARD BUILDING or SUBSTANDARD STRUCTURE. Any building or structure lawfully existing on the effective date of this chapter or any intendment to this chapter, which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this chapter or the amendment. B. Preservation of non -conforming uses. Except as provided in this chapter, the lawful use of land or the lawful use of a building or structure existing on the effective date of this chapter or on the effective date of any amendment to this chapter may be continued although the use does not conform to the provisions of this chapter, except as otherwise provided in this division. C. Preservation of dimensionally substandard buildings or structures. Except as provided in this chapter, buildings structures lawfully existing on the effective date of this chapter or on the effective date of any amendment to this chapter may be maintained although the building or structure does not conform to the dimensional standards of this chapter. However, any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed the 10% of the minimum setback requirements. 16