Agenda - Planning Commission - 05/05/2011

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WEBER Date: 2 March 2011 To: Vadnais Heights City Planning Commission From: William Weber, AICP, Planning Consultant Subject: Amendments to the Nonconforming Use Section of the Zoning Ordinance The City staff, the City Attorney and I feel that amendments to the portion of the City Code that addresses nonconforming uses ought to be considered. The City Code should be updated to come into compliance with Minnesota Statute 462.357, Subd. le(a), which provides: "Except as otherwise provided by law, any nonconformity, including the lawful use of 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 ..." Vadnais Heights City Code currently reads: 6.110 (2): "Except where specifically limited elsewhere in this Code or modified below, any nonconforming use may be continued, but may not be extended, expanded, intensified or changed unless to a conforming use." 6.110 (3): "Normal maintenance of a structure containing or which is a nonconforming use is permitted, including necessary non-structural repairs and incidental alternations which do not extend, expand, or intensity the nonconforming use." We recommend that the Code be amended as follows: 6.110 (2): Rights. Pursuant to Minnesota Statutes, Section 462.357, Subd. le: (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time a City Code amendments created the nonconformity, may be continued with any necessary approvals_ including through repair_ replacement_ restoration, maintenance or improvement but not including expansion unless authorized by this Section. (b) Normal maintenance of a structure containing a nonconforming use or which is a nonconforming use is permitted including repair, replacement, restoration or improvement. which does not extend, expand or intensity the nonconforming use. (c) A legal nonconforming industrial or commercial use may be expanded once by no more than 10 percent of its floor area or 1,200 square feet, whichever is greater, with a Special Use Permit and with a specific finding by the City Council that the 3824 Huntington Avenue St. Louis Park, Minnesota 55416 952.451.4818 bill@weberplanning.com