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HomeMy WebLinkAbout6.r. Zoning Text Amendment Nonconforming Buildings, Structures, and Uses 05-01-TACITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Citv Council Meetina Date February 15. 2005 AGENDA ITEM: Zoning Text Amendment Nonconforming AGENDA SECTION: Buildings, Structures, and Uses 05 -01 -TA Consent PREPARED BY: Jason Lindahl, A I C P AGENDA N C O. Assistant City Planner ATTACHMENTS: Draft Non conforming Buildings, Structures, and Uses Ordinance, Draft 01/25/05 PC APPROVED BY Minutes, Existing Nonconforming Buildings, Structures, and Uses Ordinance RECOMMENDED ACTION: Motion to adopt an ordinance replacing Section 13 of Ordinance B, the Zoning Ordinance with new standards relating Nonconforming Buildings, Structures, and Uses ACTION: BACKGROUND This text amendment was initiated by staff as a result of recent statutory changes by the state legislature related to nonconforming uses The attached draft ordinance conforms to the new statutory requirements regarding the continuation and expansion of nonconforming uses In addition to the statutory changes, staff recognized the need to address the issue of existing nonconforming lots of record This ordinance would prohibit adjacent nonconforming parcels in common ownership from being used, sold, or subdivided in a manner which lessens compliance with the area or dimensional performance standards for the applicable zoning district PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item during their January 25, 2005 regular meeting A copy of the minutes from that meeting is attached for your reference After hearing no comments during the public hearing, the Commission discussed the ordinance amendment and asked questions of staff Their questions focused on clarifying how the proposed amendment was different from the City's existing nonconforming ordinance Staff explained that the new ordinance eliminates standards regarding the continuation and expansion of nonconforming uses that were inconsistent with the new state statute and adds new standards for adjacent nonconforming lots of record in common ownership Those new standards would prohibit adjacent nonconforming parcels in common ownership from being used, sold, or subdivided in a manner which lessens compliance with the area or dimensional performance standards for the applicable zoning district By comparison, the existing ordinance standards could allow adjacent nonconforming parcels in common ownership to develop if they received variances The Commission then asked if the ordinance addressed the scenario of a property owner with adjacent nonconforming parcels that had either assessments or services for both properties Staff replied that the ordinance did not contain a special provision for this situation and added that this was a policy decision for the City Council CONCLUSION AND RECOMMENDATION Staff recommends approval of the zoning text amendments to Ordinance B, the Zoning Ordinance replacing Section 13 with new standards relating to Nonconforming Building. Structures, and Uses This text amendment will bring the City's Zoning Ordinance into compliance with the most recent statutory requirements regarding the continuation and expansion of nonconforming uses and prohibits the use, sale, or subdivision of existing nonconforming lots or parcels of record in a manner which lessens compliance with the area or dimensional performance standards for the applicable zoning district City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO NONCONFORMING BUILDINGS, STRUCTURES, AND USES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows Section 1 Rosemount Zoning Ordinance B, Section 13 is hereby stricken and replaced with the following 13: NONCONFORMING BUILDINGS, STRUCTURES, AND USES A. Purpose This Section is established in recognition of the existence of uses, structures, site improvements, and lots which were lawfully established but which do not currently comply with the provisions of this Ordinance or subsequent amendment It is further established to specify the requirements, circumstances and conditions under which non conforming buildings, structures, site improvements, and uses will be operated and maintained and to encourage actions that bring non conforming uses into conformity with this Ordinance B. Continuance of Nonconforming Uses and Structures. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption this Ordinance, may be continued through repair, replacement, restoration, maintenance or improvement but not through expansion, unless: The nonconformity or occupancy is discontinued for a period of more than one (1) year, or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property is damaged In this case, the City may impose reasonable conditions upon a building permit to mitigate any newly created impact on adjacent property Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy C. Expansion of Nonconforming Uses and Structures No nonconformity may be added to or enlarged in any manner unless such additions or enlargements are made so as to bring said building or structure into conformity with the regulations of the zoning ordinance D. Conditions The City may by ordinance impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety Ordinance B- E. Relationship to Adult Uses This Section does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by the ordinance F, Nonconforming Lots of Record Multiple lots or parcels of record shall be considered a single undivided parcel if such lots or parcels 1. Are under common ownership, 2 Are contiguous, and 1 Do not meet the area or dimensional standards for the applicable zoning district No portion of such single parcels may be used, sold, or subdivided in a manner that lessens compliance with applicable area or dimensional standards Section 2 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to law ENACTED AND ORDAINED into an Ordinance this 15th day of February, 2005 CITY OF ROSEMOUNT William H Droste, Mayor ATTEST Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of 2005. Excerpt from the Regular Planning Commission Meeting of January 25, 2005 Public Hearing: 5E. Case 05 -01 -TA Nonconforming Buildings, Structures and Uses Zoning Text Amendment. Assistant Planner Lmdahl reviewed the Staff Report This item was Staff generated as a result of recent statutory changes by the state legislature related to nonconforming uses. Chairperson Messner asked the Commissioners for any questions for Mr. Lmdahl Commissioner Powell created a situation where there were two lots that had improvements and an assessment put in place against the property Mr Powell questioned if after a certain amount of time the lots would be considered one lot what would happen if there were unpaid assessments Mr Lmdahl replied that when drafting the language they didn't consider such a scenario and this would be addressed with the City Attorney before taking this item to Council Chairperson Messner wanted to confirm this text amendment would bring our standards in compliance with statute Mr Lmdahl stated he was correct and pointed out that the draft text includes the statutory language Mr Lmdahl added that the amendment also addresses the issue of existing non conforming lots of record The new text would prohibit the development of non conforming lots of record if 1)they are under common ownership, 2) are contiguous, and 3) do not meet all area or dimensional standards for the zoning district As a result, no portion of a non conforming lot could be used, sold, or subdivided in a manner that lessens compliance with the applicable area or dimensional standards Commissioner Powell asked about easements for when two lots become one lot Mr. Lmdahl stated if a property owner had this situation, City Staff would work with the applicant to vacate the easements if that is what they preferred to do to make the lots essentially one piece Mr Lmdahl stated it would operate as one site even though it is platted as two separate properties Chairperson Messner opened the Public Hearing. MOTION by Powell to close the Public Hearing Second by Humphrey Ayes: Zurn, Messner, Humphrey and Powell Nayes None Motion carried Chairperson asked for any follow -up discussion and questions MOTION by Zurn to recommend the City Council adopt an ordinance replacing Section 13 of Ordinance B, the Zoning Ordinance with new standards relating to Nonconforming Buildings, Structures, and Uses Second by Humphrey A} es Zurn, Messner, Humphrey, and Powell Nayes None Motion approved Mr Lindahl stated this item will be on the February 15, 2050 City Council Agenda 13 NONCONFORMING USES: 13.1 PURPOSE: It is the intent of this Ordinance to permit the continuation of structures, uses and signs which legally exist on the effective date of this Ordinance but which do not conform to the provisions herein set forth for the district within which said structure, use or sign is located. A. To limit the number and extent of nonconforming uses by prohibiting the enlargement, the re- establishment after abandonment and the alteration or restoration after destruction B To eventually eliminate uses which do not conform with district requirements or to allow alterations so they do conform (Ord B, 9- 19 -89) 13 2 ALTERATIONS, MAINTENANCE, RECONSTRUCTION, ABANDONMENT: A. Nonconforming structures, uses and signs shall not be altered or enlarged unless the change brings the structure, use or sign into conformance with district requirements B. Routine maintenance and repairs may be performed on a lawful nonconforming structure or sign to correct normal deterioration, obsolescence and wear but shall not constitute more than thirty percent (30 of the assessed value thereof C Any nonconforming structure or sign damaged by fire, explosion or other causes may be restored, rebuilt or repaired provided that such restoration does not exceed fifty percent (50 of its assessed value. D Whenever a nonconforming structure, use or sign has been abandoned for a period of six (6) consecutive months, such discontinuance shall be considered evidence of legal abandonment and said use shall thereafter be used in conformity with the provisions of this Ordinance E Nonconforming uses shall comply with all regulations for off street parking, loading, screening, landscaping and performance standards (Ord B, 9- 19 -89)