Agenda - Council - 07/22/2003 - Laserfiche WebLink

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9.03.13 Uses not Provided for Within Zoning Districts. Whenever in any zoning ~ district a use is neither specifically permitted or denied, the use shall be considered prohibited. In such case, the Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and the determination as to conditions and standards relating to development of the use. The Council, Planning Commission or property owner, upon receipt of the staff report shall, if appropriate, initiate an amendment to the Zoning Chapter to provide for the particular use under consideration or shah find that the use is not compatible for development within the zoning district. 9.03.14 Non-conforming Structures and Uses Subd. 1. Intent. It is the purpose of this Section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which non-conforming buildings, structures and uses will be operated and maintained. This Chapter establishes separate 'districts, each of which is an appropriate area for the location of uses which are allowed in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be allowed to continue without restriction. Furthermore, it is the intent of this Section that all non-conforming uses shall be eventually brought into conformity .or terminated. Subd. 2. Regulations Except as provided below, or in th.is Chapter, any legal non-conforming building/structure or use shall not be enlarged or reconstructed, but may be continued at the existing size and in the same manner of operation as existed at the date when it became classified as nonconforming. Any legal or lawful nonconformiffg structure or use existing at the time of any amendment to this Chapter shall be considered a lawful nonconforming use. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non conforming use. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided., they will not increase the number of dwelling units or size or volume of the building except as provided below. A dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this Chapter. Legally non conforming, non-income producing single family residential units which violate setback standards may be expanded to improve livability when approved by the Zoning Administrator, provided that the nonconformity is not increased beyond the existing conditions upon the parcel and no other deviations within the Zoning Chapter are created. 37 -151-