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HomeMy Public PortalAbout722 - Ordinance Pertaining to Noconforming Uses and StructuresOrdinance No. 722 1 December 5, 2023 CITY OF MEDINA ORDINANCE NO. 722 AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE PERTAINING TO NONCONFORMING USES AND STRUCTURES The City Council of the City of Medina ordains as follows: SECTION I. Section 825.15 of the code of ordinances of the City of Medina is amended by deleting existing language and replacing with the new underlined language as follows: Section 825.15. Non-Conforming Uses and Structures. Subd. 1. It is recognized that there are uses of land and structures which were lawful when established but which are no longer permitted under this ordinance. While such uses will not be summarily terminated, it is the purpose and intent of this ordinance to discourage the continuation of Types A and B nonconforming uses. Types A and B nonconforming uses are hereby declared to be incompatible with this ordinance and with the comprehensive plan. It is also the purpose and intent of this ordinance to discourage the enlargement, expansion or extension of Types A or B nonconforming uses or any increase in the impact of such uses on neighboring property. It is further recognized that there are nonconforming uses in which the uses continue to be permissible but which are operated on sites or in structures which do not fully meet the development standards of this ordinance. It is the intent of this ordinance to distinguish between uses which are not permitted and those in which development standards or other incidents of development are not in full compliance with this ordinance. Types A and B nonconforming uses will be discouraged and not allowed to expand while Type C nonconforming uses will be allowed to continue in existence and expand under carefully regulated conditions. Subd. 2. Types of nonconforming uses. This ordinance recognizes the following three types of nonconforming uses: (a) Type A nonconforming uses include land which is undeveloped or which contains improvements valued by the city assessor at less than $10,000 and which is devoted to a use not permitted by this ordinance. (b) Type B nonconforming uses include land with improvements valued by the city assessor at $10,000 or more and which is devoted to a use not permitted by this ordinance. (c) Type C nonconforming uses include developed property which is devoted to a use permitted by this ordinance but in which the site or structure is not in compliance with one or more development standard applicable within the zoning district. Ordinance No. 722 2 December 5, 2023 Subd. 3. Regulation of Type A Nonconforming Uses. Type A nonconforming uses shall be regulated in accordance with the following: (a) No such use shall be expanded or enlarged to use a greater land area; (b) No such use shall be moved to a different area or portion of the lot; (c) No such use shall be reestablished if the use has been discontinued for more than 30 days; (d) No structure or improvement shall be enlarged, repaired or replaced; and (e) For the purposes of this subdivision, time shall be calculated as beginning on the day following the last day in which the nonconforming use was in full operation and shall run continuously thereafter. Subd. 4. Regulation of Type B Nonconforming Uses. Type B nonconforming uses shall be regulated in accordance with the following: (a) There shall be no expansion, enlargement, intensification, replacement, structural change or relocation of any nonconforming use or any site element of any such use except to make it a permitted use. Normal building maintenance and non-structural repairs are excepted from this prohibition; (b) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of more than one year. Following the expiration of one year, only uses which are permitted by this ordinance shall be allowed to be established; (c) Full utilization of the nonconforming use shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of more than one year. Following the expiration of one year, the nonconforming use may be used only in the manner or to the extent used during the preceding year. For the purposes of this subdivision, intensity of use shall be measured by factors including, but not be limited to, hours of operation, traffic, noise, exterior storage, signs, exterior lighting, types of goods or services offered, odors and number of employees; (d) Removal or destruction of a nonconforming use to the extent of more than 50 percent of its market value, excluding land, as determined by the city assessor, shall terminate the right to continue the nonconforming use; (e) If a nonconforming use is superseded or replaced by a permitted use, the nonconforming status of the property and any rights related thereto which arise under this ordinance shall terminate; (f) For the purposes of this subdivision, time shall be calculated as beginning on the day following the last day in which the nonconforming use was in full operation and shall run continuously thereafter; and Ordinance No. 722 3 December 5, 2023 (g) Notwithstanding anything to the contrary in this subdivision, a nonconforming use may be changed to another nonconforming use of lesser intensity. The planning commission shall hold a public hearing to consider a request to change nonconforming uses. The hearing shall be held following such notice as is required under this ordinance for an amendment to the zoning ordinance. The planning commission shall consider the relative intensities of the nonconforming uses based on the factors listed in this subdivision and other relevant matters and shall make a recommendation regarding the application to the city council. The planning commission may condition its approval if it deems such necessary to ensure compliance with this ordinance. The city council shall consider the matter after receipt of the recommendation of the planning commission or 60 days after completion of the application if the planning commission fails to make a recommendation. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Subd. 5. Regulation of Type C Nonconforming Uses. Type C nonconforming uses shall be regulated in accordance with the following: (a) A Type C nonconforming use which is destroyed to the extent of more than 60 percent of its market value, excluding land, as determined by the city assessor, shall be replaced only in compliance with the development standards of the zoning district. A Type C nonconforming use destroyed to the extent of less than 60 percent of its market value, excluding land, as determined by the city assessor, may be rebuilt to previously existing dimensions. (b) Expansion of an existing structure, construction of a new structure or other intensification of a Type C nonconforming use may be permitted upon a finding by the city council of the following: (1) the number and extent of nonconformities will be reduced in conjunction with the proposed construction; and (2) the impact of nonconformities upon neighboring property will be reduced in conjunction with the proposed construction. (c) The planning commission shall consider a request to expand or intensify a Type C nonconforming use following such hearing as it deems appropriate. The planning commission may condition its approval if it deems such necessary to ensure compliance with this ordinance. The city council shall consider the matter after receipt of the recommendation of the planning commission or 60 days after completion of the application if the planning commission fails to make a recommendation. Subd. 6. Nonconformity; Eminent Domain. When the taking under eminent domain of a portion of the land upon which there existed a lawful use prior to such taking results in such use becoming unlawful under this ordinance, such use is a nonconforming use and may be continued only under the provisions of this ordinance. Ordinance No. 722 4 December 5, 2023 Section 825.15. Nonconforming Uses and Structures. Subd. 1. Continuation of Nonconformities. (a) Pursuant to Minnesota Statutes, section 462.357, subd. 1e(a), any use, structure, or lot that existed lawfully as of the adoption of any City land use controls, and any use, structure, or lot that has been made nonconforming because of the terms of such land use controls or their subsequent amendments, may continue, 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 estimated market value, as indicated in the records of the county assessor at the time of damage, 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 zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b) The nonconformities authorized herein may only continue if they remain otherwise lawful. Any structure or use that was unlawful at the time of the adoption of City land use controls remains unlawful if it does not conform with all state and local laws. (c) Nonconformities may not be expanded except as described in this section. (d) Burden to Establish Legality. In all cases, the burden of establishing the legality of a nonconformity under the provisions of this section is on the respective property owner. (e) Safety Regulations. The City may impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, and safety. This includes, without limitation, all police power regulations enacted to promote public health, welfare, and safety including, but not limited to, all building, fire, and health codes, as amended from time to time. Subd. 2. Expansion or Movement of Nonconforming Uses and Structures. (a) A nonconforming use of land or structure may not be expanded, enlarged, or intensified. An expansion of a nonconforming use to any land area or structure not currently occupied by such nonconforming use or to any portion of the floor area that was not occupied by such nonconforming use is prohibited. (b) Structures that are nonconforming only by reason of yard setback or height, or structures located on lots which are only nonconforming by reason of lot size, width, or depth, may be expanded, provided, however, that such expansion does not intensify any existing and lawfully nonconforming setback or height, complies with all existing land use controls, and the use is presently permitted in the respective district. For example, a structure with a nonconforming side setback may be expanded to the rear provided that the expansion complies with applicable rear setbacks and all other building siting and height regulations. On the other hand, additions on the side of said building may not increase or extend the nonconforming side setback. Ordinance No. 722 5 December 5, 2023 (c) The board of adjustments and appeals may authorize the replacement of a nonconforming structure or portion thereof with a larger structure or portion thereof only if, in the sole discretion of the board, the proposed replacement results in a net improvement of compliance with applicable land use standards and reduces the impacts of existing nonconformities. (1) A person seeking approval to expand or replace a nonconforming structure under this paragraph shall submit a formal application to the City that includes all information required in section 825.45, subd. 4, and thereafter the request shall be reviewed in accordance with the procedural requirements described in said section 825.45, subd. 4, including all notice and hearing requirements. (2) Approval may be made only following a finding by the board that the application results in a net improvement of compliance with applicable land use standards and reduces the impacts of existing nonconformities. Any such approval may be conditioned upon such terms as the board considers reasonably necessary to protect public health, safety, and welfare and to limit any impacts of the nonconformities. (d) A lawfully nonconforming structure may be relocated on its existing lot only if the relocation eliminates or reduces the extent of any nonconformity. (e) A lot line rearrangement between two lots that are lawfully nonconforming due to their size may be allowed notwithstanding a proposed reduction in size in one of said lots, provided, however, that the City determines, in its sole discretion, that such reduction is outweighed by the elimination or reduction of the other lot’s nonconforming status. Subd. 3. Construction on Nonconforming Lots (a) Unsewered Lots. Construction on an unsewered residential lot shall be regulated by section 825.13. (b) Sewered Lots. A parcel of land which was of record as a separate lot or parcel in the Office of the Hennepin County Recorder on or before the date of adoption of the Medina Zoning Code shall be deemed a buildable lot, provided that all conditions are satisfied: (1) The parcel has frontage on a public or private right-of-way; (2) The parcel has access to municipal sewer and water; and (3) All setback and yard requirements that apply to the parcel’s respective zoning district are met. (c) Nonconforming Lots in 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 requirements, as provided in Minnesota Statutes, section 462.357, subd. 1e(e): (i) All structure and septic system setback distance requirements can be met; (ii) A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (iii)The impervious surface coverage does not exceed twenty-five percent (25%) of the lot. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered a separate parcel of land for the purpose of sale or development, if it meets the following requirements consistent Minnesota Statutes, section 462.357, subd. 1e(f), as it may be amended from time to time: (i) 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; Ordinance No. 722 6 December 5, 2023 (ii) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080; (iii) Impervious surface coverage must not exceed twenty-five percent (25%) of each lot; and (iv) Development of the lot is consistent with the Comprehensive Plan. (3) A lot subject to paragraph (2) of this subdivision that fails to satisfy all requirements contained in Minnesota Statutes, section 462.357, subd. 1e(f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (4) Notwithstanding paragraph (2) of this subdivision, contiguous nonconforming lots of record in shoreland areas under a common ownership may 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 by, a sewage treatment system consistent with the requirements of Minnesota Statutes, section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (5) In evaluating all variances, conditional use permits, building permits, and other land use applications for a nonconforming lot of record, the property owner shall be required, when appropriate, to address storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (6) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. 4. Exceptions to Nonconformity Regulations. Notwithstanding anything herein to the contrary, nonconformities in the following circumstances shall be regulated as described below: (a) The City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses, buildings, 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. (b) The nonconformity provisions of this subsection do not prohibit the City from enforcing any land use control that applies to adult uses (adult bookstores, adult theaters, or similar adult use businesses). The City may enact, amend, or enforce any land use control providing for the elimination or termination of such uses even if lawful at the time of inception. Ordinance No. 722 7 December 5, 2023 SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 5th day of December, 2023. _____________________________________ Kathleen Martin, Mayor ATTEST: ________________________________ Caitlyn Walker, City Clerk Published in the Crow River News this 14th day of December, 2023.