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HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-157CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-157 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES REGARDING NON -CONFORMING USES, BUILDINGS AND STRUCTURES SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 154.150 of the City Code by deleting the stiieken language and inserting the double -underlined language as follows: ARTICLE IV. NON -CONFORMING USES, BUILDINGS AND STRUCTURES § 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 anv intensification of the non-conformine useto 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. SECTION 2. The City Council of the City of Lake Elmo hereby amends Section 154.151 of the City Code by deleting the strieke-n language and inserting the double -underlined language as follows: § 154.151 NON -CONFORMING USES, BUILDINGS AND STRUCTURES. A. Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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 484315vl AMB LA515A 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. SUBST�MDAI+D NON -CONFORMING BUILDING or S[3WT R4 NON- CONFORMING STRUCTURE. Any building or structure lawfully existing on the effective date of this chapter or any i~'� endme amendment 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 through repair, replacement, restoration, maintenance, or improvement although the use does not conform to the provisions of this chapter, except as otherwise provided in this section. The continuation of the non -conforming use does not include expansion except as otherwise permitted by this section. C. Preservation ofDimensionally Substandard Buildings or Structures. Except as provided in this chapter, buildings or 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. 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 nonconforming use or a nonconforming 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. F. 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. 2 484315vl AMB LA515-4 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 LAKE ELMO CITY COUNCIL r Mike Pe sar on, Mayor ATTEST: n Jule J son, Cty 'lerk This Ordinance _ was published on the _ day of 2016. 4 484315vl AMB LA515-4