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Staff ReportsCOUNCIL ACTION FORM Department: Planning Council Meeting: 12/13/10 Item Number: 8A From: Brad Nielsen, Planning Director Item Description: Zoning Amendment - Nonconformities Background / Previous Action The Planning Commission held a public hearing on 7 December 2010 to consider amendments to the Shorewood Zoning Code that updates the provisions relative to nonconforming buildings, structures and uses to comply with State law. The Commission reviewed two drafts of the amendment (second and third — Exhibits A and B, attached) and recommended approval of a revised third draft (see fourth draft - Exhibit C). The revision addressed moving of nonconforming structures where full compliance could not be achieved, but where the move would result in improved compliance with zoning standards. This is very well illustrated in the Gideon Cove HOA Variance request that appears on the 13 December Council agenda. The Commission voted unanimously to recommend approval of the third amendment, with a revision that provided for Planning Commission review and recommendation and Council approval of the permit to move a nonconforming structure (see Section 3 of the fourth draft). They went on to recommend in favor of the Gideon Cove request, subject to conditions, assuming the City Council agreed with their recommendation on the Code amendment. Options Do nothing (the Zoning Code remains contradictory to State law), approve the amendment as recommended by the Planning Commission, or direct staff to revise the amendment. Staff Recommendation The proposed amendment attempts to make the most out of what is considered to be unfortunate State law. The amendment makes our Code consistent with the statute, while at the same time retaining some control over nonconformities. It is important to point out that the amendments have to do with lawful nonconformities. Staff agrees with the Planning Commission recommendation and supports the adoption of the fourth draft. Council Action: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900 FAX (952) 474-0128 • www.ci.shorewood.mn.us • c1tyha1I@ci.shorewcod.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 2 December 2010 RE: Code Amendment — Nonconformities — Second Draft FILE NO. Zoning Code (Chapter 1201.03) Attached is the second draft of the proposed amendment relative to nonconformities. Please note that changes from the previous draft are shown in green type. As mentioned in the staff report for the Gideon Cove variance application, staff has taken the liberty to include an additional provision that would allow the relocation of existing nonconforming structures where substantially better code compliance can be achieved (see new Section 3.). Again, if you have questions or comments on this material, feel free to contact me prior to the meeting on Tuesday night. Cc: Brian Heck Mary Tietjen 011 PRINTED ON RECYCLED PAPER Exhibit A -S-E-C-O-N-U--D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. Lb.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be ealafged, extended, or- stfuetwally , expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. I.e. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. pteviding the 0 The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. Ld. is hereby amended to include: -'In instances where complcle compliance cannot be achieved Want on/in ntin,= sh uc ltn e.v nnav be named or rebuilt when it can he demonstrated than the shvre•lure has less impact on adacenl properties and conforms sabstantiallr better frith current zonhkq reguirennenty. approval ofsuc'h cases shall take into consideration existing and proposed lan(Ac•apilkiz. si,,=171 lines, andsite th•crinakqye." Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: g• than 0 of its faif maFket value, • hout f h aetien b the C eil the stmet..re and the laird .. ..4.:..1, the stmetur was leeated er maintained shall, ftofn and after the date of the destfuetion, be subjeet to 11 h feguleAiens Ye ei fled by these no regulations for the dist..:et :in.Mth ethe land ,1 stmetures afe t tea Any str, et., a hieh is damaged te *tent of less than enoi Fits value may be ste ed to its former extent. Estimate of the . sent , f damage destruetien shall L Fnade by H Building Offl 1 1~ asingle family id t'el units t. built f r. ing lets of reeer.l that sett.,.eks e � o oo providede eomplied with to the extent poss:4 l Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 6. City Code Sections 1201.03 Subd. 1.1. and in. are hereby deleted: Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under very special circumstances, an existing nonconforming accessory structure may be alloNNed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:" Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. -2- Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this _ day of December 2010. CHRISTINE LI&E, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- f-1i-1-R-1)--D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. 1.b.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, eK*fided, or- stFueturally , expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. Le. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a nnnev,nf n-ining structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. 50,04 of the faif market value c he stmeture. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. l.d. is hereby amended to include: "h" inslanc•es "'here c'omplele c•onipliance cannot he achieved. noncog1brming struc'lures nacn• he snored or rebuilt "Then it ani he demonstraled that the sinicture has less inipacl on acjacem properties and conforms suhcturrliull1, helter u•i1h current zoning requirements. rtlaprovctl of stre'h cases .'hall rake into c•onsideralion evislirtg mad praposed lanelsretpilk ..sight lines. and site drainci(,e... Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: <. if at any tifne a neneonfi3rming stmet"Fe. or- use shall be des4eyed to the extent of inefe g• thm 0 of its fair mat4et value, the N,alue te be determined by 4he City Assesser, the was leeated of maintained shall, 4en; And FAer the -date of the destruetten, be subjeet to and stmetwes afe leeated. Any stfuewre which is damaged to an eaent of less than 50% Rf its value maY be restafed to its feFmef extent. Estimate of the ement of damage 0 destmetion shall be made by the Building Offleial- Exeeption� single ftwRi-ly-residen4al urAts may be re -built on nonyonfeffning lots of reeard, prEwided that se;baeks are Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after Exhibit B which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 6. City Code Sections 1201.03 Subd. I.I. and in. are hereby deleted: ,. . Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: RonfoFmAnp.e:.4th this code. Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Uncle_ ve fy , a ial , ,.,stanee. n Exceinion: .an existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or -2- affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property." Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRLAN HECK, CITY ADMINISTRATOR/CLERK -3- -1 -O-t-R-1-11.-D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. Lb.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be epilafged, xteaded or struet.._..ny Ate ed; expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. I .e. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a nooc•onlornaing structure into safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. pr-oviding the neeessaff repairs shall net eens4tute more than 0 ef the fair- maAe valuef the swdetum. The market value shall be determined by the City Assessor. Section 3. City Code Section 1201_03 Subd. 1.d. is hereby amended to include: -In in lances trhere complete compliance cannot he ac•hiered. nom-on1brming slructurer nacm he moved or rebuilt arhen it c•un he demonstrated that the .structure has less impact on adjacent properties and conlin•nas substantially better with current _onint; requirements. .lppro"al o/'such Coves shall take into consideration exisling and proposed landscaping. sight lines, and ,site ch•ainage. and shall he .vithiect to reyiexy and reconnnendolion by the Planning Counnission and approval by the Ci(y Council. - Section 4. City Code Section 1201.03 Subd. l.g. is hereby amended to read: ., g• than 0 was leemed or maintained shall, "m and after the date ef the d-pa4ruptian, be subjeet to and struetur-es are 1 a n stmeture .A.ieh is damaged to an xte..t of less than ClIU/- of itsvalue may be restored to its fe�er extent. Estimate of the eiIitent of damage 0 destraefien shall t a by the Building Official.single f •t resideFAial units Fnay be Febuilt on neneenfeEming leis of feeord, provided that setbaeks afe eemplied with to the extent possi Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the Exhibit C structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 5. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. ..... - ..... av^ Section 6. City Code Sections 1201.03 Subd. I.I. and in. are hereby deleted: !rises. . �.__ Me, Section 7. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: eenf ...,. nee with this sego Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Exception: An existing nonconforming accessory structure may be allowed to remain nonconforming and the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or -2- i affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property." Section 8. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. Section 9. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of December 2010. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- u CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900 FAX (952) 474.0128 • www.d.shorewood.mmus • c1tyhaI1@cl.shorewood.mn.us luv u�IRTAC11111u I TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 4 November 2010 RE: Draft Zoning Code Amendment - Nonconformities FILE NO. Zoning Code (1201.03) At its last meeting the Planning Commission discussed various updates to Shorewood's Zoning Code relative to nonconformities (nonconforming uses and structures). The Commission directed staff to come back with draft text amendments that will bring the Code up to date with current state law. The attached draft contains the suggestions made by staff at the meeting. Language proposed to be added is shown in red print, while deletions are shown with strikeauts. Once the Commission has reviewed the attached draft, any modifications will be incorporated into a public hearing draft for a hearing on 13 December. Cc: Brian Heck Mary Tietjen C• PRINTED ON RECYCLED PAPER -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 1. City Code Section 1201.03 Subd. Lb.. is hereby amended to read: "b. Any structure or use lawfully existing upon the effective date of this chapter shall not be en4ar-ge,l extended, or st..,etttrally a4ered; expanded, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended." Section 2. City Code Section 1201.03 Subd. I.e. is hereby amended to read: "c. Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Official, unless the use is destroyed by fire or other peril to the extent of 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. providing the neeessafy repaiFs shall not ,. nst:t..te than 50% of the fair fn.,..Letya-I .e of the structure The market value shall be determined by the City Assessor. Section 3. City Code Section 1201.03 Subd. l.g. is hereby amended to read: g• than if at any fifne a noneenfeffning s"et-dre of use shall be destfoyed to the eiaerA of more all the Fegulations speeified by these zoning regulations fqr- the ift whieh the land and stfuetures afe leeated. Any strueture v4tieh is damaged ie an extent ef less than was leeated or fnaif4ained shall, ffofn and aftef the date of the destmetion, be subjeet to f itsvalue may be r-estered to its former exten4 Estimate Sf thp. of ,7.,.,......e .. destmetion shall be made by the Building Offleial. Exeeption� single family residential .,:ism ., be rebuilt e iianeonferminglots of r-oee fd provided tl,.,t et si.. eke e ,idArt.. -plied with to the extent 13essi Any structure or use lawfully existing upon the effective date of this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the structure is removed or the use discontinued for a period of more than one year, after which the land on which the nonconformity is located shall be subject to all of the regulations specified by these zoning regulations for the district in which the land and structures are located." Section 4. City Code Sections 1201.03 Subd. l.h. and i. are hereby deleted. Subsequent section numbering is amended accordingly. Section 5. City Code Sections 1201.03 Subd. 1.1. and m. are hereby deleted: 411 MW NOW Section 6. City Code Section 1201.03 Subd. 2.d.(4)(e) is hereby amended to read: "(e) aeoessefy sWaetufes leeated on the prapeFty shall be removed of brought into of """ e " this eode. Properties occupied by nonconforming accessory structures are not allowed to exceed three accessory structures or to exceed 1000 square feet or 1200 square feet of accessory floor area, based upon the district in which they are located. Under very special circumstances, a fienee_r Fming aeeessery -May be allowed to remain nefteenfoRning the total number of accessory structures or the total area of accessory space may be expanded, provided that the following can be demonstrated with respect to the nonconforming accessory structure:" Section 7. City Code Section 1201.03 Subd. 2.d.(6) is hereby amended to read: "(6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard setback except for side yards abutting streets where equipment is fully screened from view. Section 8. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. -2- ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this _ day of December 2010. CHRISTINE LIZ#,E, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960.7900 FAX (952) 474-012B • www.ci.shorewood.mmus • cilyhaII@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 18 October 2010 RE: Zoning Code - Nonconformities FILE NO. City Code (Chapter 1201.03 Subd.1.) At tomorrow night's meeting we will begin a discussion on nonconformities (nonconforming uses and nonconforming structures). Changes to Minnesota Statutes that came to light in the review of the Edwards C.U.P. case dictate that Shorewood amend certain parts of its current Code to comply with state law. We have assembled various excerpts from the statutes as well as provisions in our own Code as background for this discussion. The following items are attached for your review: Exhibit A — Minnesota Statute 117.184 (Eminent Domain) Exhibit B — Minnesota Statute 462.357 (Planning Statutes) Exhibit C — Shorewood Zoning Code (Definitions) Exhibit D — Shorewood Zoning Code (Nonconformities — General) Exhibit E — Shorewood Zoning Code (Nonconforming Accessory Structures) Staff has identified various sections of the Zoning Code that require attention. Before we draft amendments to these sections, it is important to get some direction from the Commission on the whole topic of nonconformities. It is anticipated that any actual changes to the Code could be reviewed at a public hearing in November or December. Cc: Mayor and City Council Brian Heck Mary Tietjen col• PRINTED ON RECYCLED PAPER 117.184, Minnesota Statutes 2006 Page 1 of 1 Minnesota Legislature Home I Links to the World I Help I Advanced Search Office of the Revisor of Statutes House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 117 Table of Contents 117.184, Minnesota Statutes 2006 Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. 117.194 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a) Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval for any use, structure, development, or activity constitutes a taking and is prohibited without the payment of just compensation. This section does not apply if the permit, license, or other approval is requested for the construction of a building or structure that cannot be built without physically moving the nonconforming use. (b) This section applies to an action of a political subdivision of the state or a local zoning authority occurring on or after May 20, 2006, that requires removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval. History: 2006 c 214 s 10 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions gr comments. Exhibit A https://www.revisor.mn.govibin/getpub.php?pubtype=STAT—CHAP—SE 462.357, 2008 Minnesota Statutes Page 2 of 6 Subd. le. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. Subd. Id. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section561.01, or eliminating a use determined to be a public nuisance, as defined in section617.81, subdivision 2, paragraph (a), clauses (1) to (9), without payment of compensation. Subd. le. Nonconformities. (a) 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, 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. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health,welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Subd. If. Substandard structures. Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. 1 g. Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include: (1) any recommendations for improvements in the ordinance; and Exhibit B https://www.revisor.mn.gov/statutes/?id=462.357&year=2008 NONCONFORMING STRUCTURE. Any structure which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the structure were to be erected under the guidance of this chapter. Also any structure located on a nonconforming lot. NONCONFORMING USE. Any use which, on the effective date of this chapter, does not, even though lawfully established, conform to the applicable conditions if the use were to be established under the guidance of this chapter. Exhibit C 1201.03 GENERAL PROVISIONS. Subd. 1. Nonconforming buildings, structures and uses. a. 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 ordinance establishes separate uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity. b. Any structure or use lawfully existing upon the effective date of this chapter shall not be enlarged, extended or structurally altered, but may be continued at the size and in the manner of operation existing upon the date except as hereinafter specified or subsequently amended. C. Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the Building Official, providing the necessary repairs shall not constitute more than 50% of the fair market value of the structure. The value shall be determined by the City Assessor. d. No nonconforming structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless the movement shall bring the nonconformance into compliance with the requirements of this chapter. e. 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. f. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. g. If at any time a nonconforming structure or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the City Assessor, then without further action by the Council, the structure and the land on which the structure was located or maintained shall, from and after the date of the destruction, be subject to all the regulations specified by these zoning regulations for the district in which the land and structures are located. Any structure which is damaged Exhibit D to an extent of less than 50% of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Official. Exception: single-family residential units may be rebuilt on nonconforming lots of record, provided that setbacks are complied with to the extent possible. h. Whenever a lawful nonconforming use of a structure or land is discontinued for a period of more than one year, following written notice from the Zoning Administrator, any future use of the structure or land shall be made to conform with the provisions of this chapter. i. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically t or intensify the nonconforming use. j. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or the nonconformity. k. Lawful nonconforming, single-family residential units may be expanded, provided: (1) That the expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located; (2) That if the nonconformity exists because the lot area does not meet the minimum requirement for the district in which it is located, the expansion shall not increase the floor area of all structures to lot area ratio to greater than 30%. (3) That the granting of the expansion shall not adversely affect the aesthetics or character of the adjacent property. (4) That any expansion shall take into consideration the protection of light and air to the adjacent property. (5) That in cases where a structure is too close to a lot line, the city may require that the discrepancy be made up by enlarging the opposite required yard space. (Example: where a building is eight feet from a side lot line in a district in which a ten foot setback is required, the city may require a 12 foot setback on the other side.) Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to May 28, 1985, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. The structure and use shall thereafter be a legally nonconforming structure. M. Existing nonconforming accessory structures shall be removed or brought into conformity with this code, as required in Subd. 2.d.(4)(c) of this section, or in instances where the gross floor area of the principal structure is being increased by 50% or greater in any 12 month period. d. Accessory buildings, uses and equipment. (1) An accessory structure shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. (2) Accessory structures shall not exceed 15 feet or one story in height. (3) Accessory buildings and structures shall be constructed within the buildable area of the lots as defined in § 1201.02 of this chapter except as provided in subdivision 3c of this section. (4) For single-family and two-family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1,200 square feet in area in the R- IA, R-113, R-IC, R-2A, R-2B and R-3A Districts, or 1,000 square feet in area in the R-11), R-2C, R-3B and R-C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: (a) The total area of accessory buildings shall not exceed the floor area of all stories above grade of the principal structure. The City Council may grant an exception for greenhouses, as defined herein, under the following conditions: (i) The lot on which the greenhouse is to be located shall contain a minimum of 80,000 square feet of area. In no case shall the lot area be reduced to less than 80,000 square feet in area; (ii) Side yard setbacks for the greenhouse shall be double that required for the district in which the property is located; (iii) The property owner shall landscape around accessory buildings according to a landscape plan approved by the City Council; (iv) In no case shall the total area of accessory buildings exceed 7% of the minimum lot area for the district in which the property is located. Exhibit E (b) In no case shall the total area of accessory buildings exceed 10% of the minimum lot area for the district in which the property is located. (c) In evaluating the conditional use permit, the city shall take into consideration the location of existing and proposed structures, site drainage and landscaping. (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. (e) As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this code. Under very special circumstances, a nonconforming accessory structure may be allowed to remain nonconforming provided that: (i) The applicant can demonstrate that the structure was constructed prior to August 2, 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before August 2, 1956. (ii) The structure must be in sound structural condition with respect to roof, walls, and foundation. If the structure requires 50% or more replacement, the building must be removed or brought into conformity with this code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the city and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the city, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this code or removing it from the property. (5) Subject to the provisions of subdivision (4) above, no permit shall be issued for the construction of more than one private detached garage structure for each detached single-family dwelling, except on the approval of a conditional use permit according to the provisions of § 1201.04 of this chapter. Every detached single- family dwelling unit erected after the effective date hereof shall be so located on the lot so that at least a two car garage, either attached or detached, can be located on the lot. (6) No accessory uses or equipment such as air conditioning cooling structures or condensers which generate noise may be located in a required side yard except for side yards abutting streets where equipment is fully screened from view.