HomeMy WebLinkAbout#4 Ordinance Amendment NonconformingPlanning Commission Memorandum
To:
Planning Commission Members
From:
Kari Barker, Associate Planner, AICP
Date:
July 25, 2011
Item: Public Hearing -
#2011-26 -Amend Hastings City Code Chapter 155.06
Nonconforming Lots, Uses of Land, Structures, Uses of Structures and Premises,
Characteristics of Use – Nonconforming Structures Administration and Enforcement
Planning Commission Action Requested:
The Planning Commission is asked to hold a Public Hearing to Amend Hastings City Code
Chapters 155.06 (D) Nonconforming Structures (2) and (E) Nonconforming uses of structures
or of structures and premises in combination (6).
Background Information:
Under current ordinance, a nonconforming structure or nonconforming portion of a structure
cannot be rebuilt if destroyed by any means to an extent of more than 50% of its replacement
cost at the time of destruction.
In 2004, the legislature significantly broadened the continuance rights of legal nonconformities
and created an exception to the 50% rule so long as a building permit is applied for within 180
days of property damage.
The following is language from the 2004 change in state law, found at 2004 Minn. Laws
Chapter. 258, sec. 2:
Subd. 1e. [NONCONFORMITIES.] Any nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair or, replacement, restoration,
maintenance, but if 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.
The City is proposing to add similar language to City Code Chapter 155.06 (D) Nonconforming
Structures (2) and (E) Nonconforming uses of structures or of structures and premises in
combination. (6) to come into alignment with state law. In addition, the City of Hastings was
recently made aware that buyers of nonconforming properties may have trouble obtaining financing
on a nonconforming property. Due to changes in lending standards, it may be difficult for the
buyers of these homes to obtain standard, residential financing on the property as the properties are
not residentially zoned.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Ordinance Amendment
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 155.06 – NONCONFORMING LOTS, USES OF
LAND, STRUCTURES, USES OF STRUCTURES AND PREMISES,
CHARACTERISTICS OF USE ORDINANCE:
BE IT ORDAINED
by the City Council of the City of Hastings as follows:
Chapter 155.06 of the Hastings City Code – Zoning Ordinance – Definitions is hereby amended
as follows: (Additions to the ordinance are underlined and section numbers may be renumbered):
(A) Intent. Within the districts established by this chapter or amendments that may later be
adopted there exist: lots, structures, uses of land and structures, and characteristics of use that
were lawful before this chapter was passed or amended, which would be prohibited, regulated, or
restricted under the terms of this chapter or future amendment. It is the intent of this chapter to
permit these nonconformities to continue until they are removed, but not to encourage their
survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon,
expanded or extended, not to be used as grounds for adding other structures or uses prohibited
elsewhere with permitted uses in the districts involved. A nonconforming use of a structure, a
nonconforming use of land, or a nonconforming use of structure and land in combination shall
not be extended or enlarged after passage of this chapter by attachment on a building or premises
of additional signs intended to be seen from off the premises, or by the addition of other uses of a
nature that would be prohibited generally in the district involved. To avoid undue hardship,
nothing in this chapter shall be deemed to require a change in the plans, construction, or
designated use of any building on which actual construction was lawfully begun before the
effective date of adoption or amendment of this chapter and upon which actual construction was
lawfully begun before the effective date of adoption or amendment of this chapter and upon
which actual building construction has been carried on diligently. Actual construction is hereby
defined to include the placing of construction materials in permanent position and fastened in a
permanent manner. Where excavation or demolition or removal of an existing building has been
substantially begun preparatory to rebuilding, the excavation or demolition or removal shall be
deemed to be actual construction, provided that work shall be carried on diligently and continues
to completion within 1 year.
(B) Nonconforming lots of record. In any district in which single-family dwellings are
permitted, a single-family dwelling and accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of this chapter not withstanding limitations
imposed by other provisions of this chapter. The lots must be in separate ownership, and not of
continuous frontage with lots in the same ownership. This provision shall apply though the lot
fails to meet the requirements for area or width, or both, that are generally applicable in the
district, provided that yard dimensions and requirements other than those applying to area or
width, or both, of the lot shall conform to the regulations for the district in which the lot is
located. Variance of yard requirements shall be obtained only through action of the Board of
Adjustments. If 2 or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership under 1 tax parcel are of record at the time of passage or
amendment of this chapter, and if all or part of the lots do not meet the requirements established
for lot width and area, the lands involved shall be considered an undivided parcel for the
purposes of this chapter, and no portion of the parcel shall be used or sold in a way that
diminishes compliance with lot width and area requirements established by this chapter, nor shall
any division of any parcel be made which creates a lot with width or area below the requirements
stated in this chapter. Any lots so divided to lesser requirements than those of this chapter shall
not be built upon.
(C) Nonconforming uses of land. Where at that time of passage of this chapter lawful use of
land exists that would not be permitted by the regulations imposed by this chapter the use may be
continued while it remains otherwise lawful, provided:
(1) No nonconforming use shall not be enlarged, increased, or extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of this
chapter;
(2) No nonconforming use shall be moved in whole or in part to any portion of the lot
or parcel other than that occupied by the use at the effective date of adoption or amendment of
this chapter;
(3) If any nonconforming use of land ceases for any reason for a period more than 30
days, any subsequent use of the land shall conform to the regulations specified by this chapter for
the district in which the land is located; and
(4) No additional structure not conforming to the requirements of this chapter shall be
erected in connection with the nonconforming use of land.
(D) Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this chapter that could not be built under the terms of this chapter
because of restrictions on area, lot coverage, height, yards, its location on the lot, or other
requirements concerning the structure, the structure may be continued while it remains otherwise
lawful, subject to the following provisions.
(1) No nonconforming structure may be enlarged or altered so as to increase its
nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Should the nonconforming structure or nonconforming portion of structure be
destroyed by any means to an extent of more than 50% of its replacement cost at the time of
destruction,and no building permit has been applied for within 180 days of when the property is
damaged, it shall not be reconstructed except in conformity with the provisions of this chapter.
In this case, the City may impose reasonable conditions upon a building permit to mitigate any
newly created impact on adjacent properties. Nothing in this subsection shallallow
a nonconforming use to be continued or expanded if another provision of this chapter prohibits
continuation or expansion of the nonconformity.
(3) Should the structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
(E) Nonconforming uses of structures or of structures and premises in combination. If
lawful use involving individual structures or of structure and premises in combination, exists at
the effective date of adoption or amendment of this chapter, which would not be allowed in the
district that it is located under the terms of this chapter, the use may be continued while it
remains otherwise lawful, subject to the following provisions.
(1) No existing structure devoted to a use not permitted by this chapter in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally
altered, except in changing the use of the structure to a use permitted in the district in which it is
located.
(2) Any nonconforming use may be extended throughout any parts of a building that
were manifestly arranged or designed for the use at the time of adoption or amendment of this
chapter, but no use shall be extended to occupy any land outside any building.
(3) If no structural alterations are made, any nonconforming use of a structure or
structure and premises may be changed to another non conforming use provided that the Board
of Adjustment, either by general rule or by making findings in the specific case, find that the
proposed use is equally appropriate or more appropriate to the district that the existing
nonconforming use. In permitting the change, the Board of Adjustment may require appropriate
conditions and safeguards in accord with the provisions of this chapter.
(4) Any structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations
for the district, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure, or structures and premises in
combination, is discontinued or abandoned for 6 consecutive months (unless government action
impedes access to the premises), the structure, or structures and premises in combination shall
not thereafter be used except in conforming with the regulations of the district in which it is
located.
(6) Where nonconforming use status applied to a structure and premises in
combination, removal or destruction of the structure shall eliminate the nonconforming status of
the land except that in the case of destruction, application for a building permit to replace the
damaged structure within 180 days of when the property is damaged shall prevent elimination of
the nonconforming status of the land. In the case where a building permit is not applied for
within 180 of when the property is damaged, the City may impose reasonable conditions upon a
building permit to mitigate any newly created impact on adjacent properties. Nothing in this
subsection shall allow a nonconforming use to be continued or expanded if another provision of
this chapter prohibits continuation or expansion of the nonconformity. Destruction for the
purpose of this subsection is defined as damage to an extent of more than 50% of the
replacement cost at the time of destruction.
(F) Repairs and maintenance. On any nonconforming structure or portion of a structure
containing a nonconforming use, work may be done in any period of 12 consecutive months on
ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing,
to an extent not exceeding 10% of the current replacement cost of the nonconforming structure
or nonconforming portion of the structure, provided that the cubic content existing when it
becomes nonconforming shall not be increased. If a nonconforming use becomes physically
unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful because of physical condition, it shall not thereafter
be restored, repaired, or rebuilt except in conformity with the regulations of the district in which
it is located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to
a safe condition of any building or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of the official.
(Prior Code, § 10.06) Penalty, see § 10.99
All other sections shall remain unchanged.
th
ADOPTED
by the Hastings City Council on this 15 day of August, 2010.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of _________,
2011, as disclosed by the records of the City of Hastings on file and of record in the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033