FINAL ORDINANCE NO. 2012-062 - Laserfiche WebLink

Home Browse Search

Additionally, the alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard dimensions. D. Unlawful uses, buildings, and structures. No unlawful use of property existing on the effective date of this chapter or any amendment to this chapter, nor any building or structure which is unlawfully existing on the effective date shall be deemed a non -conforming use or a non- conforming building or structure. E. Permit holders and permit applicants. Any non -conforming structure that is ready for or under construction on the effective date of this chapter or any amendment to this chapter may be completed and occupied in accordance with the requirements of any valid building permit issued for the construction prior to the effective date. Change from one non -conforming use to another. A non -conforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a non -conforming use of a building may be changed to another non -conforming use of the same or a more restrictive classification, and provided the change is approved by the Board of Adjustment and Appeals as provided in this chapter. 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 of non -conforming building or structure. A non -conforming building or which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity 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, provided that the restoration is started within a period of 1 year and is diligently prosecuted to completion, unless the damage to the building or structure is equal to 50% or more of the replacement cost of the structure (as determined by the Building Official), in which case, the reconstruction shall conform to the provisions of this chapter. I. Abandonment of use. When any non -conforming use of land or of a building or structure is abandoned for a period in excess of 1 year, the land, building, or structure shall, subsequently be used only as provided by this chapter. (1997 Code, § 300.05) 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: ARTICLE 8 - ZONING DISTRICTS AND ZONING MAP 5154.350 Division into Districts 5154.351 Zoning Map 5154.352 Consistency with Comprehensive Plan §154.152 Division into Districts. A. All areas zoned. The incorporated areas of Lake Elmo are hereby divided into the following zoning districts: Table 8-1: Zoning Districts 17