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ORD 04-019 ORDINANCE 04 -19 CITY OF ELK RIVER CASE NO. OA 04-04 AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING THE EXISTING SECTIONS 30-691 THROUGH 30-701 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW SECTIONS 30-691 THROUGH 30-701 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Sections 30-691 through Sections 30-701 of DIVISION 3. NONCONFORMING USES AND STRUCTURES, of the City of Elk River Code of Ordinances shall be repealed and new Sections 30-691 though 30-701 shall be adopted as follows: Sec.30-691. Generally. Except as provided in this division, the nonconfonning use of any structure, buildipg, and/ or land shall not be expanded or enlarged. The nonconforming use of a building or structure for a sexually oriented land use shall be discontinued on the expiration of a reasonable period for amortization of the building as specified in this section or ten years after the effective date of the ordinance from which this article is derived if not so specified. A reasonable amortization period shall be 40 years for buildings of ordinary wood construction, 50 years for buildings of wood and masonry construction, and 60 years for buildings of fIreproof constmction. 111e amortization period shall begin on the date the nonconformity began. Buildings found to be nonconforming only by reason of height, yard or area requirements do not have to be discontinued following the expiration of an amortization period but cannot be enlarged except as provided in this division. (Code 1982,5900.34(1)) Sec. 30-692. Nonconforming signs. No sign erected before the passage of d,e ordinance from which this article is derived shall be expanded or removed to a new location without being brought into compliance with the requirements of this article. (Code 1982, 5 900.34(2)) Sec. 30-693. Nonconforming lots of record. (a) In any district in which single-family dwellinga are permitted, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of the ordinance from which this article is derived, provided that it fronts on a street. Yard dimensions and other requirements for the lot shall conform to regulations for the district unless a variance is granted. (b) If two or more lots or combinations oflots and portions of lots with contiguous street frontage in single ownership are of record on the effective date of the ordinance from which this article is derived, and if all or part of the lots do not meet with width and area requirements of this article for lots in the district, the contiguous lots shall be considered to be an undivided parcel for d,e purpose of this article and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements of tlus article, nor shall the parcel be so divided that any remaining lot does not comply wid1 such requirements. (Code 198~, 5 900.34(3)) Sec. 30-694. Discontinuance of use. (a) If a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of twelve months, the use of the building or premises shall thereafter conform to the regulations of the district in which it is located. (b) If the use of a nonconforming advertising sign structure is discontinued or its normal operation stopped for a period of twelve months, the structure shall be removed by d1e owner or lessor at the request of the city council. (Code 1982, 5 900.34(6); Ord. No. 99-13, 51(900.34(6)),8-16-1999) Sec. 30-695. Change of use. (a) The lawhll use of a building existing on September 4, 1980, may be continued, although such use does not conform with the provisions of tIus article. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. 111e provisions of trus subsection shall also apply to nonconforming uses in districts hereafter changed. \Vhenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed into a less restricted use. (Code 1982, 5 900.34(7)) Sec. 30-696. Residential alterations. Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units; provided, however, that they do not increase the number of dwelling units in the building. (Code 1982, 5 900.34(8)) Sec.30-697. Repair, replacement, restoration, maintenance or improvement of nonconforming use Any nonconformity existing on September 4, 1980 may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one 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, a municipality may impose reasonable conditions upon a building permit in order 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. Nothing in this article shall prevent the placing of a stnlCture in safe condition when the structure is declared unsafe by the building official. (Code 1982, 5 900.34(9)) Sec. 30-698. Expansion of nonconforming use Permission to expand a nonconforming use may be requested and granted pursuant to the procedures and standards set forth in subdivision II of division 2 of tIus article, provided: (1) the cost of the expansion is not in excess of 25 percent of d1e assessed value of the improvements on the property. (2) The expansion will not make the property any less compatible with adjacent properties. (Code 1982, 5 900.34(10)) S:\(hdjnancL:~\1(~H- (hJinancL:~\Df;lft OrJinancL:] 1 ]5 cc.Joc Sec. 30-699. Work under previously issued permits. Nothing contained in d1is article shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of the ordinance from which this article is derived; provided, however, that the enllie building shall be completed according to such plans as filed within 24 months from the date of issuance of the permit. (Code 1982, ~ 900.34(11)) Sec. 30-700. Status of uses for which variance or conditional use permit has been granted. If a conditional use permit or variance has been granted as provided in this article, the structure or use shall not be deemed a nonconformity, but shall without further action be deemed permitted in such district. (Code 1982, ~ 900.34(12)) Sec. 30-701. Nonconformities created by amendment. \X-Then a nonconformity in a structure or use ofland or a structure is created by an amendment to this article, the rights granted by this division to the continuance of nonconformities apply to such nonconformities existing on the date of the amendment. (Code 1982, ~ 900.34(13)) Passed and adopted this 15'h day of November, 2004, by the City Council of the City of Elk River, ATTEST: ~ S;\(hdinar1Cl::~\2(1(14 OrJinanccs\Draft (hJinanCt"11 15 cc.doc -,.-~---,.- ORDINANCE 04 - 19 CITY OF E:LK RIVER C,ASlj:NO. OA04~04 AN o~PINANcE OF THE CITY OF ELK RIVER REPEALING TJIEEXISTINGSECTIONS 30-691 THIWUGJI 30-701 OF THE CITY CODE OF ORDINANCES AND ADOPTING NEW SECTIONS 30-69i .THROUGH 30-701 Th!l City Council of the City. of Elk River /dO!lS hereby ordain as follows: . Section . 1. . Sections 30-691 through Sections 30-701 of DIVI- SION 3. NONCONFORMING USES AND STRUCTURES,of the City . of Elk River Code of Ordinap.ces I;lhall be repealed and new Sections 30-691 though 30- 701 shall be adopted as follows: Sec. 30-691. Generally. . Except as provided in thitj divi- sion, the n,onconforming use of any s~ructure, building,' and/or land shalln,pt hee1!pa,n,ded or enlarged. The nonconfOrn,ling Ul;le of abliild- ing or structure'for a. sexually ori- entedlanll use shall be di~~~~tin- ued on the expiration of a reason- able period' for amortization of the building as specitied in this section or ten years after the effective date of the ordinaIlce from .which' this artIcle is derived iLnot sospeci- fied. A reasonable amortization period shall be 40 yearsJor build.- . I?gS . of '. ordinary, . wood construc- tIon,50 years for buildings of wood and masonry construction, and 60 years ror buildings of fireproof con. StructlOn. The a.mortiiation period shall begin on the date the non- conformity began. Buildings found to be no?conforming only by rea- son of heIght, yard or area require- ,ments do not ha,ve to be discontin- ued following the expiration of an amortization period but cannot be' enlarged except as provi\ied in this division. (Code 1982, ~ 900.34(1)) . .Sec. 30-692., Nonconforming SIgns. . No sign erect!ld before the' pas- sage of the ordinance from which t,his article is derived shall be expanded or removed to a ne~ ~oca.tion without being brought Into compliance with the require- mentl:l ofthis article. (Code 1982 ~ ~00.34(2))' . Sec. 30-693. Nqnconforming lots of record.-, (a) In any district in which sin- gle-family dwellings are P!lrmit- ~ed, notwithstanding limitations Im~osed by other provisionsofthis artIcle, a single-family, dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of the ordinance from which. this article is derived, provided that it fronts on a street YarQ. dimensions and other requiremen,ts for the lot shall conform to 'regulations for the district unless a variance is granted. . ." (b) If two 'or more lqts or combi- nations of lotl;l a.p.d pqrtio'hll of iots ,":,ith contiguous street frontage in SIngle owners4iparfi! of :record on the effective date of tlIe, ordin~nce from which this article Itj derived and if all or part of the lots do not meet with width and area require- mentsof this article for Jots inthe district, the contiguous lots shall be considered to be an undivided parcel for the P'!lrpose of this arti- cle and go piJrtion of such parcel shalL be used or occupied which does not meet lot width and area requirements. of . this ai-ticl!! nor shall the parcfi!lpe so divided'that ~y remaining 10tdql;Js not comply WIth such requirements, (Code 1982, ~ 900.34(3)) ',! , Sec. . 30-694. PiscontimiaJ;ic!J of ua' . " (~)~f a; nonconf()rminguse 'of ahy bUIldIng .or premil;le!\ is d.lscon,tin- ued. or itsn,orp1a\operation stoppedfqr aper~od of twelve , mQnt~s, the use of th!J buildiniror premIs!Jllsl:1a.lL th!Jreafhlr confpl'II1 to the reglila,tiqnsofthe diatrictin which it islilcated.< ... i/.. .......... . (b) IH~fi!.yll~,ofll,&9ncoIl:fir,Illi~g "~t:d~j~~~l\~l~~~r~t~!a.ft~~ stopped .. for a. peI'iodof -twelve months, the.strllctlJ.re.', shia.ll' be removed by theo~n!Jr or lessor'. at the request .of th!l city counCil. (Code 1982d 900.34(6); Qrp.No. 99Clq, * 1(90().p4(6)),:8-16;1999) Sec. 30-~~p. ,. Chllnge of u,se; .... , (~) !he lawfUl use ,Q(fl,(p'1ji!~~ng eXIstIn~ 'l,ln, ~epteWPElr' 4, ;\:J;~~O, ll1ay be,.!lqntin\I\lq~,:' '. . USE! does not (l()n,fotm,: ~visionsonhisl1~f#l~.f tural alterations aI-emad conforming use of a building may i be changed to 'another .noncQn- i forming use of the same. or a more: restrictedcla~sifica.tion. The,provi- : sionsQf this sllhs!lct10n, shall. illso : app~y tononconfopJlin,g. l,Wll~,Jn,' districts hereafter '~n~ngetl. Wherrev!Jranq.Q.o()nfl,lJ;'NiIig',tI,!:1!liOf a building has h!Jencl1ang~dJ!J, a. more . r!lstrictedu~.E! ;~r: tQ.a . CQn- forming u!\e;!\uc4p.se' sha,uwot thereafter bll.!lhap.ged into .'. a" l!Jss restricted use. (Code .i98~, J Affidavit of Publication STATE OF MINNESOTA ) )ss. COUN1Y OF SHERBURNE) .E I C7CLhe +-v , l-4-arr is. ~ec. 30-6f16. ResiQ.eIitlal)If ' atl()Us. . . ',. ..Jl.~!Jr- ~ter...t~ons m.ay,.'be made"t~.'l: reSidentIal. bUIldIng cont . . . I non fi' '.' a.lllIng, !lon ormIng resideIltial units' ~hen they wil~ improve the livabil-I Ity. of such umts' p.rovid' ed.' ho.. ' th t . h ' '. ." wev-., er" a,tey do I10tincrease the 1 nu~~er,of.. dw!!lli.Q.g.u,nit~in, the i bUlldIng.(Code.19~~! *;I)P()134(~jl,' Sec. 30-p9.7'.,:~IlP~Ir,.. rfi!pljlce- ~ent, restorabon,,}l1lllntel)!ln,ceor ~~roV!lmen~,of .~0!l9~l1for0i:g Any nonconfo~ity ,~xi~ti~gi:OIl. SepteI?Iber 4! 1980ma..Yi,.be qqntin~ ued,mcludlllgthro~gh r~pjlir, replacemen.t, restoratl()n!maiIlte~ ~ance,. Or ImprOV!Jment, butn,ot IncludIng, expaI).sion, unless: ' : (1) t?e ~onco?(ormity orOccu-! pancy IS dIscontInued for aperiodi . of more than one year, or. . ( (~)any flPn~orifonhlng u.se isr destroyed by fire Qr other p~ril toi the. e1!tep.t ofgr!Ji'lter th!lll., 50 ,per- I, ceI?-t pf Itj! m~rk!lt<:"jl!!,l'lp.nol bUlldI.ng, .pern,lIt~a,~.: '\~RR!i~~' for WIthHl; ,II'lO,:4fl,y.~!~~A!1'ithl'!; property is damaged. . n .IS case I a municipality may impose rea~[ sonableconditions upon a lmilding! permit. in order.. to . mitigate any I newly created impact qn adjacent! property. .. . Any subsequen,tus!J oI'.oc~upan~ cy of the land or premis!ls sha.ll be a conforming use or' OCCuparicy. Nothing in thisarticlesha,llPrtl- vent the placing ofll !\tructvre.in saf!J condition when the' structure , is declared uI).sa,fe. bytl1e building offlciaI: (Code 1982, ~900;34(9)) Sec. 30-698. EXP!insionofnon- conforming use '. . Permission to expall.d a noncon-;. forming use may be.requesteq and' granted pursuant . to. the.proce- dures . and standards set forthdn subdivision II of division 2 .of this article, provided: . .. . . ' (1) the cost of the ~xpansion is not in excess of 25 percent of the assessed valul,lof .the improve- ments on the proP!lrty.' (2) TheexpansionwiUnot make ~he property any lelils compatible "I'ith adjacent properties. (Code 1982; ~ 900.34(10)) " " Se~. 30~699. Workunder'previ- .,Q!!~y !~!!'l!~~J:I~!,!!!i~f:l'-'-____" "_~_ ... ' Nothing contained in this artI<;le shall require anycha~gein pllln!:1, construction or designated ulle of a building or structure for which a building permit has been issued prior,to the effective date of the ordinance from which this article is derived; provided, however, 'tha,t the entire hI,lilqing shall be, com- pleted liccording to such plans as . filed within, 24 months. from the dat!J of issual1ce of the p!Jrmit. (Cod!J 1982, 1~OQ\~4(lm I Sec. 30-70(),Sta,tull of,usesJor which vaqanc!J pro cond~tional use permjthas.been. gd.ntlld.; ...., ',' Ifa'conditiol:!-!illis!!, permit or vari/!,nce has .been ~anted /lspro- vided in,this a,rti~le' the strtict~re or use Ilha11 1,10t. be d!Jemed a non- conformity;bllt .I;lhlill withovtfl1r" ther actionpE! 'll!:llilmeQ. permitt!lQ. in such di~tri!:k (Code,}98:l,:.~ 900.34(12)) '< '.'i {"',, ; ,_ ' Sec; 30-70L N onconforllliti~s'cre- ated hy amendmenh. ";';' . . When a. nO~IConfqrmitY ill. a. . st1'1lcture or use of la.nd 01' a I;ltruc- ture is created by !in amep.pment to this article, the right~ grallted by this divisi()n to the. continuance of nonconformitjes apply, ,to slJ.ch nonconforinities'.existin,~. on the date of theaiUeridment~ ,(Code 1982,~ 900.34(13)), ..... .....,.. .' Passed and adopted this . ,15th day of November, IW04, by the City Council of the City ofElkEiver.. . Stephl'ini!!AKliIl.~ing, '.... . MayorATTEST Jo'an Schmidt, City Clerk . ,(1)1) being duly swon~, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Elk River Star News, and has full knowledge of the facts which are stated below: A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B) The printed u..-d i nO_C) C.eo which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ successive weeks; it was first published on Wednesday, the l ~ day of \)(""('(""'1"11 be ( , 20 6"1, and was thereafter printed and published every Wednesday to and including Wednel:lq~y, the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a b c d e fg h ij k 1 m n 0 p q l' S t u v w x y z ~ BY' .. ~, . ;- \ rYi~n~' lS+- day of RATE INFORMATION (I) Lowest classified rate paid by commercial users for comparable space $ q 00 . Le 0 (2) ,Maximum rate allowed by law for the above matter $ 3', lp . L 0 (3) Rate actually charged for the above matter $ 3-, &: - LO