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Home My WebLink About2021-442 Amending Text of Nonconforming StructuresCity of Corcoran County of Hennepin State of Minnesota •'� � • 1 �� Motion By: Bottema Seconded By: Schultz November 22, 2021 AN ORDINANCE AMENDING THE TEXT OF SECTIONS 1020.020 AND 1030.010 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE RELATED TO NONCONFORMING BUILDINGS, STRUCTURES, USES, AND LOTS (CITY FILE 21- 041) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the Cit�Code. The text of Section 1020.020 of the Corcoran City Code is hereby amended by removing th as follows: 1020.020 -DEFINITIONS EXPANSION. ENLARGEMENT. OR INTENSIFICATION: Any increase in a dime volume, or height; any increase in the area of use; andplacement of a structure o where none existed before; an parkin the underlined material addition of a site feature such as a deck, patio, f . ... . .. .. .. . .. . . . . nsion. size. a r part thereof ence, drivewa� developed; any move Of operations t0 a new IOcafiion on the property; any increase in intensity of use based on a review of the original nature, function, or purpose of the nonconform as the hours of operatio operations. tvaes of aoc n, traffic arkin s or services offered, odors, area of operation noise ina use. such exterior storage, signs, exterior lighting, types of number of employees and other factors deemed relevant b�_city_ INTERIM USE: An approved temporary use Of property until a particular date Or until the occurrence of a particular event. IMPROVEMENT: Making a legal nonconforming use, structure, or lot better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. CTURES: to applicable zoning regulations, but because of subsequent ame �s which at one time :on�n� Ordinance n0 longer conform t0 applicable yard, height, lot coverage or other dimensions or bulk provisions or do not meet other on -site development standards, such as an insufficient number of .parking spaces. NONCONFORMING LOT: A lot of record that was created lawfully based on the access, frontage, area, and other dimensional requirements of the then prevailin_q Zoning Ordinance, but it no longer meets the minimum requirements after the adoption, revision, or amendment to the .requirements of the underl�,c� zoning district. NONCONFORMING USE: The use of land or structures that, as of the effective date of this Code, or applicable amendment thereto, are used for purposes that are not permitted in the zoning district in which they are located. Uses that were specifically authorized as a conditional or interim use are not considered non -conforming uses even if the use is no longer permitted within that zoning district. Such use will continue to be considered a conditional or interim use. Page 1 of 8 Cify of Corcoran County of Hennepin Stafe of Minnesofa ORDINANCE NO. 2021-442 November 22, 2021 PERMITTED USE: A public or private use which of itself conforms to the purposes. objectives requirements, regulations, performances standards of a particular district. ;EPLACEMENT. REt reexisting conditions. FJ 7 7 0 0 SECTION 2. Amendment of the Cites Code is hereby repealed and replaced by the underlined material as follows: 0 ;�+ f ode. The text of Section 1030.010 of the Corcoran City Subd. 1. General Standards ofApplicabili A. Autho rite t o Continue Any use, structure, or lot that existed as a lawful n 7 onconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal__at the time of the adoption of this Code, remains illegal if it does not conform with each and eve requirement of this Code. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing t� he legality of a nonconformity under the provisions of this Ordinance is upon the property owner of the nonconforming use, structure, or lot. C. Safety Regulations The Cit�ay impose u and abate nuisances ai on nonconformiti to protect the es reasonable regulations to prevent public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to�_ aII. building, fire, and health codes, apply to nonconforming structures. Page 2 of 8 f ode. The text of Section 1030.010 of the Corcoran City Subd. 1. General Standards ofApplicabili A. Autho rite t o Continue Any use, structure, or lot that existed as a lawful n 7 onconformity as of when this Code was adopted on March 23, 2004, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or its subsequent amendments, may continue subject to the provisions of this Ordinance so long as it remains otherwise lawful. A structure or use that is illegal__at the time of the adoption of this Code, remains illegal if it does not conform with each and eve requirement of this Code. B. Burden on Property Owner to Establish Legality In all cases, the burden of establishing t� he legality of a nonconformity under the provisions of this Ordinance is upon the property owner of the nonconforming use, structure, or lot. C. Safety Regulations The Cit�ay impose u and abate nuisances ai on nonconformiti to protect the es reasonable regulations to prevent public health, welfare, and safety. All police power regulations enacted to promote public health, welfare, and safety including, but not limited to�_ aII. building, fire, and health codes, apply to nonconforming structures. Page 2 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2021442 Subd. 2. Nonconforminq Use FA min"6• - - - • . • .. Normal repair, replacement, restoration, maintenance performed on anv structure that is devoted November 22, 2021 or impr ovement may be in whole or in part to a nonconforming use, provided it will not create anv new nonconformity or increase the intensity, bulk or densitv of th e nonconformina use. B. Structural Alterations Structural alterations to a structure containing a nonconforming use are ermitted so long as thev do not create anv new nonconformity or i intensity, bulk or density of the nonconformin exceptions apply 1. When the alteration is re ncrease the use. In addition, the followin aw or is necessary to restore the building or structure to a safe condition upon the order of any official charged with protecting the public safety 2. When the alteration is for the pu C. Expansion of Use A nonconforming use of land ose o f bringing the us e into conformity. or a structure may not be expanded, enlarged. or intensified, as defined in Section 1020.020. An expansion of a nonco use to any land area or structure not currently occupied b use or to any portion of the floor area that was not occu nonconforming use is prohibited. Changes to Nonconformina Uses: 1. A change of us i ormin such nonconformin ed b sucn e is deemed to occur when an existing nonconforming use has been terminated and another use has violation of the Zoning Ordinance is previous) existing lawful nonconformin 2. When a nonconforming use of land or a st commenced. Any change in use in deemed an abandonment of the or in part, to a conform conform ma se. ructure has b inq use, the whole or n whole art which has been made to not be chanced back to a nonconformina use. 3. A nonconformina use of land or a structure ma nonconformi o reduce the of use. Once a nonconforming structure or_ parcel of land has been changed, it shall not thereafter be so altere, nonconformity. to increase the Page 3 of 8 City of Corcoran County of Hennepin State of Minnesota •' � � �_• 1 E. Discontinuation or Abandonment November 22, 2021 If a nonconforming use or occupancy is discontinued for a continuous period of o_ne(1) year, such nonconformity or occupancy is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use of such land or structure must conform to all regulations of the zoning district in which such land or structure is located. The _period of such discontinuance_ caused by government action, uncontrollable events, or other acts without any contributing fault by the user. must not be included in calculating the length of disco F. Damage or Destruction ntinuance for thissection. 1. If_a structure and/or property devoted in whole or in part to a nonconformin use is damaged o market value a reconstructed _- .� r destroyed to the extent of fifty percent (50%) or less of the t that time, then the structure and/or property be repaired, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing de_ rq ee of nonconformity is not increased. A buildincLpermit must be obtained for such rebuilding, restoration, repair, or reconstruction within one �1) year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building permit..... If a building permit is not obtained ►�� •��: 1) year, then the nonconform e cannot be continued. 2. If a nonconforming structure and/or property devoted in whole or in part to a is d ing us amaged or destroyed to the extent of greater than fift� market value at that time and no buildingpermit has been days of when the property is tinued, repaired, or replaced. The City may impose reasonab�e conaitions upon a building permit issued under this section to mitigate any newly created impact on adjacent property. nonconformin. use percent (50%) of its agalied for within one -hundred eighty (180 e nonconformity may not be con Subd. 3. Nonconforming Buildings and Structures A. Proposed Structure Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully�granted prior to the effective date of the amendment, may be completed in accordance with the approved _plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure. City of Corcoran County of Hennepin Stafe of Minnesota ��: • � � ORDINANCE NO. 202'I -442 Repairs and Maintenance November 22, 2021 Normal repair, replacement, restoration, maintenance, or improveme performed on any legal nonconforming structure. No repairs or reconst nt m av be ruction are permitted that would cr_e_ ate any new nonconformity, increase the degree or intensity of any previously existing nonconformity, or increase the bulk or density of the structure in any manner. C. Structural Alterations Structural alterations to a legal nonconforming building or structure may be made through. the build ng permit process provided: 1. The alterations do not expand the foundation and/or building size (includin deck additions ..unless specifically allowed by this section; and 2. The alterations do not increase the building occupancy capacity or parkin demand; and 3. The alterations do not increase the degree of the nonconforming conditions of the building, site, or the use. D. Expansion of Legal Nonconforming Buildings or Structures 1. Administrative Approvals The Zoning Administrator may approve the following expansions of legal nonconformin buildin sand structures after a determination that the building expansion will have no e properties or public rights-of-wa xternal negative impacts upon adjacent and subject to the provision of Corcoran City Code Section 1070.060, Subd. 3.: a. Expansion of buildings found to be non -co nforminq only reason of hei_ght,_yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and complies with the performance 2. Conditional Use Permit standards of the Zonin .Legal, nonconforming commercial, industrial, multiple -family structures may be expanded on t use permit provided: a. The expansion site; and the expansion Ordinance. ublic, semi - he same to ublic, cond and s will not increase the nonconformity of the building or Page 5 of 8 City of Corcoran County of Hennepin State of Minnesota November 22, 2021 ORDINANCE NO. 2021-442 b. The new building expansion will conform to all the applicable performance standards of the Zoning Ordinance. A conditional use _permit shall not be issued under this Section for a deviation from other requirements of the Zoning Ordinance unless variances are also .approved; and c. The request for conditional __use permit shall be evaluated based on standards and criteria set forth in Corcoran.. ...City Code Section 1070.020, Subd. 3. E. Relocation A nonconforming structure ma not be relocated, in whole or in part, to anther location on the same lot or parcel unless brought into full compliance with the Zoning Ordinance. A nonconforming structure may be relocated to another lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated. F. Damage or Destruction 1. If a nonconforming building or structure of less than fifty percent (50%) of the market value at that time, then the is damaged or destroyed to the e xtent structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existinc�degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) _year of the date of damage or destruction, and construction must be completed within one (1) year of issuance of the building e rm it. 2. If a nonconforming structure is d amaged or destroyed to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for isdamaged �ithin one -hundred eighth (180�Ys of when the property _ ______e nonconformity not be continued, repaired, or replaced. The City may impose reasonable conditions upon a building permit issued under this section in order to mitigate an�newly created impact on adjacent property Subd. 4. Nonconformng.Lots th A. Vacant or Redeveloped Lots 1. A lot or parcel of land for which a deed or contract for deed has ......._.._. in the office of the Hennepin County Recorder upon, or prior to, the effective date of this Code shall be deemed a buildable lot provided: a. The lot has frontage on a public right-of-way, or is q drivewa�greement; and been recorded a valid Page 6 of 8 Cify of Corcoran County of Hennepin State of Minnesota November 22, 2021 ORDINANCE NO. 2021-442 b. The lot has access to municipal sewer and water if located with munici al urban service boundar or otherwise has an a and an approved on -site septic system or is able to pr in the roved well on -site septic system in compliance with all City and State requirements; and c. The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the _objectives of the Citv's Comprehensive Plan and Zoning Ordinance: ana d. The lot, if located within the Rural Residential or Urban Reserve districts, has a development right. 2. The owner must apply for and receive a va Works director for access to any public street relocated driveways, prior to construction. �- - ••-• • vewa i ermit from the Public ncludina new, modified, or An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion ___ or enlargement meets all other provisions of the Zoning Ordinance. C. Shoreland Overlay District 1. Nonconforming shoreland lots of record may be allowed as a building site without variances from lot size requirements, subject to the following provisions consistent with Minn. Stat. � 462.357 amended from time to time: s u bd . 1(e) as it m av be a. All structure and septic syste_setback distance requirements can be met; and b. A Type 1 sewage treatment syst chapter 7080, can be installed or the lot is connected to a sewer; and c. The impervious surface coverage does not exceed twenty-five ercent (25%) of the lot. 2. Inagroupoftwoor more contiquous___lots of record ownershi an individual lot must b under em consistent with Minnesota Rules ublic a common arcel of land for the purpose of sale or development, if it meets the following requirements consistent with Minn. Stat. � 462.357,s_ubd. 1(e) as it may be amendedfrom time to time: e considered a se crate Page 7 of 8 City of Corcoran County of Hennepin State of Minnesota Subd. 5 November 22, 2021 ORDINANCE NO. 2021442 a. The lot must be at least 66% of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120, and b. The lot must be connected to a public sewer, if suitable for the installation of a Twe 1 sewa consistent with Minnesota c. Impervious surface coverage must not exceed twentv-five percent Rules, cha available, or must be e treatmen 25%) of each to t, and d. Development of the lot is consistent with the 2040 Comprehensive Plan. 3. Alot unable to meet the requirements of paragraph (2) must be combined with t he one or more contiguous lots so they equal one or more conform lots as much as possible. in 4. Notwithstanding paragraph (2), contiguous nonconforminq lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for. or served bv, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rule public sewer. s, chapter 7080, or connected to a 5. In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforminq lot of record, the property owner shall be required mana when appropriate, to address storm water runoff ement, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewa e treatment and wate supply capabilities, and other conservation -designed actions. 6. A portion of a conforming lot maybe separated from a long as the remainder of the existin n existinq parcel as arcel meets the lot size and sewa treatment requirements of the zoninq district for a new lot and the new created parcel is combined with an adjacent parcel. Exceptions to NonconformityRegulations A. The City shall regulate the repair, repl nonconforming uses, bunaig n s, and str necessa t o maintain eliaibility in t acement le Iv maintenance, improvement of uctures in floodplain areas to the extent he National Flood Insurance Proqram and to Page 8 of 8 City of Corcoran County of Hennepin State of Minnesota SECTI November 22, 2021 ORDINANCE NO. 2021-442 avoid an increase in flood damage potential or increase the degree o to flood flows in the floodwa� B. The nonconformity f obstruction rovisions of this Ordinance do not prohibit the Cit from enforcing an ordinance that applies to nonconforming adult uses (adult bookstores, adult theaters or similar adult use businesses). The City may enact, amend, or enforce and ordinance providing for the elimination or termination of adult uses by amortization, even if such use was lawful at thetime of its inception. N 3. Effective D� This Ordinance shall be in full force and effect upon its adoption. ADOPTED by the City Council on the 22nd day of November, 2021. VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean ATTEST: t ssica Beise —Administrative Services Director VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, om ivict�ee� tviayor Dean City Seal