Agenda - Council Work Session - 09/26/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (C) Creation of nonconformities by public action (1) Where there exists as of the date of adoption of this section a conforming land use, lot of record, sign, structure, and/or site improvement and a subsequent taking by a governmental body occurs under eminent domain or negotiated sale which renders such land use, lot of record, structure, or site improvement in violation of one or more provisions of this chapter, such land use, lot of record, sign, structure or site improvements becomes a legal non- conformity and may be used thereafter only in accordance with the provisions of this section. (2) The Planning Commission may consider government taking as a practical difficulty used with a request for a variance to a setback regulation for pre-existing buildings, parking lots, and/or signs. (D) Lots of Record. Any lot of record existing at the effective date of the ordinance from which this chapter is derived may be used for the erection of a dwelling conforming to the use regulations of the district in which it is located, even though its area is less than the minimum requirements of this chapter. This provision shall not apply to lots with widths below the district minimum, meaning that all lots of record must meet district lot width minimums to qualify. (E) Expansion of a non -conforming principal structure, deck, or parking lot by way of setbacks is permitted provided the improvement does not increase the level of nonconformity. This provision does not apply in the Shoreland Overlay or Wild and Scenic River Overlay. (F) Additional standards for nonconformities within the Mississippi River Corridor Critical Area Overlay District are found in Section 910. 200 Land Development Applications and Procedures Sections 200-299 are established to define the procedures and processes for applications for development, redevelopment, and changes in use of property in Ramsey. All procedures must be in conformance with applicable provisions of State Law. 201 Processing Costs (A) Costs. All costs incurred by the City in processing an application for a land use application shall be paid by the applicant. The processing costs shall include but not be limited to: (1) Professional consulting services as directed by the zoning administrator, the Planning Commission and/or City Council; (2) Copying charges; (3) City staff involvement; (4) Public hearing publications and posting of a sign on the property; (5) Written notice to adjacent property owners; (6) Recording charges; and/or (7) Any other cost necessary to process the applicant's request. (B) Fee and escrow. A set fee and a set minimum escrow established by eFdon-, an annual fee schedule shall be paid to the city at the time the land use application is made. (C) Special assessment of processing costs. An applicant may request that processing costs exceeding the amount established by erdin , annual fee schedule be specially assessed against the applicant's property provided that the property owner accepts the assessment to the subject property and waives any right of assessment appeal. (D) Additional deposits before submittal. If the zoning administrator determines that costs in addition to the set escrow will likely be incurred by the city, then an additional sum as determined by the Page 26 of 160