2006.07.17 EDA Packet - Laserfiche WebLink

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HUGO ZONING ORDINANCE (D) Expansions of Non-Conforming Uses. A legal non-conforining commercial/industrial use may be expanded with a Conditional Use Permit and with specific finding by the City Council that the proposed expansion will reduce the impacts of the legal non-conforming commercial/industrial use on the surrounding properties in terms of activity, noise, traffic, light, appearance, outside storage of vehicles, equipment or materials, or other issues pertinent to the specific property and use involved. (EP) Discontinuance. In the event that a non-conforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the regulations of the district in which it is located. (FE) Normal Maintenance. Maintenance of a building or other structure containing or used by a non-conforming use will be permitted when it includes necessary non-structural repair and incidental alterations which do not extend or intensify the non-conforming building or use. Subd. 3 Non-Conforming Buildings and Structures. (A) Restoration. No lawful non-conforming building or structure which has been damaged by fire, explosion, act of God, or other peril, to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, shall be restored, except in conformity with the regulations of this Chapter. (B) Alterations. Alteration and normal maintenance to a lawful non-conforming building or structure may be made provided: (1) The alterations do not expand the building size. (2) The alterations do not change the building occupancy capacity or parking demand. (3) The alteration does not increase the non-conformity of the building or the use. (C) Expansion of Non-Conforming Buildings or Structures. (1) Administrative Approvals. The following expansions of lawful non- conforming building and structures may be approved. The Community Development Director shall make a determination that the building expansion will have not external negative impacts upon adjacent properties or public rights-of- way. (a) Expansion of buildings found to be non-conforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural non-conformity is not increased and the expansion complies with the performance standards of this Chapter. 1025 - 2 7 7/?0067!6Q006