HomeMy WebLinkAboutOrd #033-3rd Ser/Amending code re: nonconforming uses and structures ORDINANCE NO. 33, THIRD SERIES
AN ORDINANCE AMENDING
CHAPTER 78 OF THE ORONO MUNICIPAL CODE
BY AMENDING SECTION 78-71
REGARDING NONCONFORMING USES AND STRUCTURES
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. Municipal Zoning Code Section 78-71 is hereby deleted in its entirety and the
following language substituted in its place:
"Section 78-71. Non-Conforming Structures and Uses.
(a) General Provisions
(1) Purpose. It is the purpose of this Section to regulate
nonconforming structures and uses, and to specify those requirements, circumstances and
conditions under which nonconforming structures and uses will be operated and
maintained. The Zoning Code establishes zoning districts and specific uses which are
permitted within each district. It is necessary and consistent with the establishment of
these districts that nonconforming structures and uses not be permitted to continue
without restriction.
(2) Effective Date. Any structure or use lawfully existing upon the
effective date of this Ordinance shall not be, enlarged, expanded, extended, or altered in
ar.y manner which increases its nonconformity, but may be continued at the size and in
the manner of operation existing upon such date except as hereinafter specified or,
subsequently amended. Any land or buildings which were actually and legally devoted to
a nonconforming use on January 1, 1975 and which were thereafter specifically allowed
to continue said nonconforming use under the terms of a conditional use permit issued by
the City Council, shall be allowed to continue under the terms of said conditional use
permit.
(3) Safety Repairs. Nothing in the Zoning Code shall prevent the
placing of a structure in safe condition when said structure is declazed unsafe by the
Building Official.
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(b) Non-Conforming Uses
(1) Change to Conforming Use. When any lawful non-conforming use
of any structure or land in any district has been changed to a conforming use, it shall not
thereafter be changed to any non-conforming use.
(2) Change to New Nonconforming Use. An existing non-conforming
use may not be changed to another non-conforming use.
(3) Relocation of Nonconforming Use. No nonconforming use shall
be moved to another lot or to any other part of the parcel of land upon which the same
was conducted at the time of this ordinance adoption unless such movement shall bring
the nonconformance into compliance with the requirements of this Ordinance.
(4) Decrease in Nonconforming Use. A lawful nonconforming use of
a structure or parcel of land may be changed to decrease the nonconformity of use. Once
the nonconforming use of such structure or parcel of land has been so changed, said use
shall not thereafter be altered to so as to increase the nonconformity from its decreased
state.
(5) Discontinuation of Nonconforming Use. Whenever a lawful
nonconforming use of a structure or land is discontinued and remains discontinued for a
period of twelve (12) months, any future use of said structure or land shall be in
conformity with the provisions of the Zoning Code.
(6) Normal Maintenance. Normal maintenance of a building or other
structure containing or related to a lawful non-conforming use is permitted, including
incidental alterations which do not physically extend or intensify the non-conforming use.
(7) Alterations to Lawful Nonconforming Units. Alterations may be
made to a conforming building containing lawful nonconforming units, provided they
will not increase the number of units or the nonconformity.
(8) Expansion of Nonconforming Uses. Nonconforming uses may not
be expanded or enlarged.
(c) Nonconforming Structures
(1) Involuntary Damage or Destruction. Whenever a lawful non-
conforming structure shall have been damaged by fire, flood, explosion, earthquake, war,
riot, or act of God, it may be reconstructed and used as before if within twelve (12)
months after such calamity the property owner applies for a building permit to replace the
structure. If no permit is applied for within the time period then the whole structure shall
be demolished, and any construction thereafter shall be in full compliance and
accordance with the provisions of the Zoning Code.
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(2) Remodeling and Reconstruction. This subsection is intended to
apply to the voluntary and intentional removal of all or portions of a lawful
nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed
by means other than fire, flood, explosion, earthquake, war, riot, or act of God, to any
extent then such structure may be restored only if a building permit is applied for within
180 days of the commencement of the destruction. If no pertnit is applied for in the 180
da.ys then the structure shall be built in full compliance and accordance with the
provisions of the Zoning Code.
(3) Expansion of Nonconforming Structures. No expansion of
nonconforming structures shall be permitted except as specifically listed and allowed
herein:
a. Expansion of Nonconforming Single Family Residence Structures.
Lawful, nonconforming single family residential structures may be expanded, provided:
l. That the expansion does not increase the nonconformity, and complies
with all height, setback, hardcover and lot coverage requirements of the district in
which it is located.
2. That if the stxucture is nonconforming only with respect to substandard lot
area or width for the district in which it is located, the expansion shall meet all
height, setback, hardcover and lot coverage requirements of the district in which it
is located.
3. That in cases where the lot line setback of a structure is less than 50% of
the required setback for that Zoning District, the City will require at a minimum
that applicant shall make up the discrepancy by enlarging the opposite required
yard depth to result in an aggregate yard depth equivalent to the combined
required yard.
b. Expansion of Residential Accessory Structures. Lawful,
nonconforming residential accessory buildings may be expanded provided:
1. That the expansion does not increase the nonconformity of the
accessory building, and complies with all height, setback, and hardcover and lot
coverage requirements of the district in which it is located.
2. That if the accessory structure is nonconforming only with respect
to substandard lot area or width for the district in which it is located, the
expansion shall meet all height, setback, hardcover and lot coverage requirements
of the district in which it is located.
3. That in cases where an accessory structure encroaches upon the lot
line setback, the City will require at a minimum that the existing accessory
structure shall be modified so that it becomes completely conforming with respect
to setbacks.
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(4) Relocation. No nonconforming structure shall be moved to
another lot or to any other part of the parcel of land upon which the same was constructed
at the time of this ordinance adoption unless such movement shall bring the
nonconformance into compliance with the requirements of the Zoning Code.
(5) Prior Permit. Any proposed structure which will, under this
Ordinance, become non-conforming but for which a building permit has been lawfully
granted not more than six (6)months prior to the effective date of this Ordinance, may be
completed in accordance with the approved plans; provided construction is started within
six (6) months of the effective date of this Ordinance, and continues to completion within
two (2) years. Such structure shall thereafter be a legally existing non-conforming
structure.
SECTION 2. This Ordinance shall be effective upon approval and publication.
Adopted by the City Council of Orono on this 27th day of February, 2006 by a vote of 5
ayes and 0 nays.
Barbara A. Peterson, Mayor
ATTEST:
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Linda S. Vee, CiTy Clerk
Published in the Sun Sailor newspaper the week of April 20, 2006.
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