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Vadnais Heights City Planning Commission <br />Amendments to the Zoning Ordinance <br />Page 2 <br />proposed expansion will reduce the impact of the legal nonconforming industrial <br />or commercial use on the surrounding properties in terms of activity, noise, <br />traffic, light, appearance, outside storage of vehicles, equipment of materials, or <br />other issues pertinent to the specific property and use involved. <br />In addition to the new wording shown above about mainitaining a nonconforming use, we <br />recommend the following clauses that allow expansion by Special Use Permit or variance <br />and which limit rights. <br />6.110 (3): Expansion Prohibited. Nonconformities may not be expanded unless expressly <br />permitted as described below. <br />(a) Nonconforming uses may expand upon issuance of a Special Use Permit only <br />when such expansion is expressly listed as a Special Use within the applicable <br />zoning district. [ Note: the zoning ordinance presently does not list any such <br />Special Uses. ] <br />(b) Nonconforming lots may expand only upon approval of a variance or planned unit <br />development zoning that allows the proposed level of nonconformity. <br />(c) Nonconforming structures may expand only upon approval of a variance or <br />planned unit development zoning that allows the proposed level of <br />nonconformity. <br />(d) Nonconforming site characteristics may expand only upon approval of a variance <br />or planned unit development zoning that allows the proposed level of <br />nonconformity. <br />6.110 (4): Termination of Rights. <br />(a) A legal nonconforming use must not resume when: <br />(i) <br />(ii) <br />The use is discontinued for a period of more than one year, or <br />The use is destroyed by fire or other peril to the extent of greater than 50 <br />percent of its market value and no building permit has been applied for <br />within 180 days of when the property was damaged The assessed market <br />value (including buildings and land) must be determined by the most recent <br />valuation of the City Assessor. <br />6.110 (5): Conformance Triggers: Nonconformities must be brought into conformance upon <br />the following events: <br />(a) Nonconforming uses. Nonconforming uses must be brought into conformance <br />with current requirements of the City Code upon: <br />(i) Change of the use. <br />(ii) Discontinuance of the use <br />(iii) Destruction of the use, provided that no building permit has been applied for <br />within 180 days of the date of destruction. The City may impose reasonable <br />conditions on the building permit to mitigate newly created impacts on <br />adjacent properties. <br />(b) Nonconforming lots. Nonconforming lots must be brought into conformance with <br />current lot requirements of the City Code upon: <br />(i) Subdivision or replatting of the lot. <br />(c) Nonconforming structures. Nonconforming structures must be brought into <br />conformance with current structure requirements of the City Code upon: <br />(i) Destruction or removal of the structure, or <br />(ii) Relocating the structure. <br />3824 Huntington Avenue St. Louis Park, Minnesota 55416 <br />952.451.4818 bill@weberplanning.com <br />