HomeMy WebLinkAboutOrd #085-3rd Ser/Amending code re: nonconformities SUMMARY OF ORDINANCE NO. 85 ,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE REGARDING
NONCONFORMITIES
This ordinance amends the zoning code section 78-71(b)(3); 78-71(b)(8) and 78-71(c)(4)
for the City of Orono regarding nonconforming structures and uses. This ordinance shall be
effective upon adoption and publication according to law.
A printed copy of the ordinance is available for inspection by any person during City Hall
regular office hours.
Adopted by the City Council of the City of Orono, Minnesota on this 14�'day of
February, 2011 by a vote of 4 ayes and 0 nays.
ATTEST:
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Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Published in the Sun Sailor newspapers the week of February 24, 2011.
ORDINANCE NO. 85 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO CITY CODE REGARDING
NONCONFORMITIES
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. The following language has been added to Section 78-71 (Nonconforming
structures and uses) of the Orono City Code:
Sec. 78-71. Nonconforming 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 section shall not be, enlarged, expanded, extended, or altered
in any 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 declared unsafe by the
building official.
(b) Nonconforming uses.
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(1) Change to conforming use. When any lawful nonconforming use of any
structure or land in any district has been changed to a conforming use, it
shall not thereafter be changed to any nonconforming use.
(2) Change to new nonconforming use. An existing nonconforming use may
not be changed to another nonconforming use.
(3) Relocation of nonconforming use.
a. 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 section's adoption unless such
movement shall bring the nonconformance into compliance with
the requirements of this section.
b. Nonconformin�non-structural hardcover mav be relocated.
includine full renlacement. to anv other nart of the narcel of land
upon which the same was conducted at the time of this section's
adontion, nrovided that:
1. The hardcover is nonconformin�onlv bv reason of the
nercenta�e of land devoted to the use or the sauare footase
of the use.
2. The relocation does not nhvsicallv enlar�e the size of the
nonconformin�use.
3. The relocation does not substantiallv chan�e the character
of the nonconformin�use.
4. The relocation does not create a new nonconformitv with
resnect to size or nlacement bv relocating to a different
hardcover zone as such zones are defined in section 78-
1288.
5. The relocation comnlies with all annlicable setback
reauirements for the district in which it is located.
6. No relocation, in whole or nart. is made within 75 feet of
the Ordinarv Hi�h Water Level of anv la.ke or tributarv.
(4) Decrease in nonconforming use. A lawful nonconforming use of a
structure or parcel of land may be changed to decrease the nonconformity
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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 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 nonconforming use is permitted,
including incidental alterations which do not physically extend or intensify
the nonconforming 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. However. a lawful nonconformin� Qun club mav
a nlv to the citv council to modifv its hours of oberation or to exnand its
onerations within the existin�defined narameters of the nronertv.
(c) Nonconforming structures.
(1) Involuntary damage or destruction. Whenever a lawful nonconforming
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 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.
(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 permit is applied for in the 180
days then the structure shall be built in full compliance and accordance
with the provisions of the Zoning Code.
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(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:
1. 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 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 the lot line setback of a structure is less
than 50 percent 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 section's 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 section,
become nonconforming but for which a building permit has been lawfully
granted not more than six months prior to the effective date of this section,
may be completed in accordance with the approved plans;provided
construction is started within six months of the effective date of this
section, and continues to completion within two years. Such structure shall
thereafter be a legally existing nonconforming structure.
SECTION 4. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 14th day of February, 2011 by the Orono City Council.
CITY OF ORONO
d1.�-- J'''7/` / k-/�.J�'-�-..
Lili Tod McMillan, Mayor
ATTEST:
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Linda S. Vee, City Clerk
Summary ordinance published in the Sun Sailor newspapers the week of February 24, 2011.
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