2c. Zoning Ordinance Non-Conforming Uses, Structures and Lots, final reading 0
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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II MEMORANDUM
E:
TO: Planning Commission c 12. 8/- 1¢
II FROM: Jo Ann Olsen, Senior Planner eY/Z,
DATE: October 10, 1991 _.Y,� _1? _y -51
1 SUBJ: Nonconforming Uses, Structures and Lots
1 Attached is an ordinance amendment from the City Attorney providing
new regulations on nonconformiF i• uses, structures and lots.
Currently, the City Code has a se : ion entitled nonconforming uses
I which contains some regulations . nonconforming uses and lots.
Staff wanted to include a mo detailed description in this
section. For example, in Carver:ea•• we were processing variances
I for structures on nonconformin• ots% ven though the structure met
all setbacks. The new regulat ; ns wo d not require a variance for
this type of situation. The , re• are more clear as to
each type of nonconformity.
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P LANNING COMMISSION ACTIO '
I The Planning Commissio . reviewed the = proposed amendment and
unanimously recommendeapproval.
RECOMMENDATION.
Staff recomme ' ` °° • • • following motion:
I "The City Co' +1 approves first reading of the zont ordinance
amendment conceriin Nonconforming uses, structu and lots as
shown in Attachment a ", • f4 ;" '
I ATTACHMENT
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1. Zoning Ordinance Amendmentr>
II 2. Planning Commission minutes dated November 6, 1991.
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t le PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF
11 THE CHANHASSEN CITY CODE CONCERNING
NON - CONFORMING USES, STRUCTURES, AND LOTS
' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
1 Section 1. Section 20 -1 of the Chanhassen City Code is
amended by adding the following definitions to read:
' Nonconforming Lot. A lot that does not comply with the
requirements of this chapter but which did comply with
applicable ordinance requirements at the time the lot was
created.
Nonconforming Structure. Any building or structure that
' does not comply with the requirements of this chapter but
which did comply with applicable ordinance requirements at
the time it was constructed or put in place.
Nonconforming Use. A use of land that does not comply with
the requirements of this chapter but which did comply with
applicable ordinance requirements at the time the use was
' established.
Section 2. Chapter 20, Article II, Division 4 of the
' Chanhassen City Code is amended in its entirety to read as
follows:
' Sec. 20 -71. PURPOSE.
The purpose of this Division is:
' A. To recognize the existence of uses, lots, and structures
which were lawful when established, but which no longer meet all
ordinance requirements;
' B. To prevent the enlargement, expansion, intensification,
or extension of any nonconforming use, building, or structure;
' C. To encourage the elimination of nonconforming uses,
lots, and structures or reduce their impact on adjacent
properties.
' r11/22/91
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Sec. 20 -72. NONCONFORMING USES AND STRUCTURES. 1
A. There shall be no expansion, intensification, replace-
ment, structural change, or relocation of any nonconforming use
or nonconforming structure except to lesser or eliminate the
nonconformity.
B. Notwithstanding any other provisions of this chapter,
any detached single family dwelling that is on a nonconforming
lot or that is a nonconforming use or structure may be altered,
or expanded provided, however, that the nonconformity may not be
increased. If a setback of a dwelling is nonconforming, no
additions may be added to the nonconforming side of the building
unless the addition meets setback requirements.
C. No nonconforming use shall be resumed if normal
operation of the use has been discontinued for a period of twelve
(12) or more months. Time shall be calculated as beginning on the
day following the last day in which the use was in normal
operation and shall run continuously thereafter. Following the
expiration of twelve (12) months, only land uses which are
permitted by this ordinance shall be allowed to be established.
D. Full use of a nonconforming land 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 twelve (12) or more months. Time shall
be calculated as beginning on the day following the last day in
which the nonconforming land use was in full operation and shall
run continuously thereafter. Following the expiration of twelve
(12) months, the nonconforming land use may be used only in the
manner or to the extent used during the preceding twelve (12)
months. For the purposes of this section, intensity of use shall
be measured by hours of operation, traffic, noise, exterior
storage, signs, odors, number of employees, and other factors
deemed relevant by the City.
E. Removal or destruction of a nonconforming structure to
the extent of more than fifty percent (50 %) of its estimated
market value, excluding land value and as determined by the City,
shall terminate the right to continue the nonconforming
structure. 1
F. Notwithstanding the prohibitions contained in the
foregoing paragraphs of this section, if approved by the City ,
Council a nonconforming land use may be changed to another
nonconforming land use of less intensity if it is in the public
interest. In all instances the applicant has the burden of proof
regarding the relative intensities of uses. ,
G. If a nonconforming land use is superseded or replaced by
a permitted use, the nonconforming status of the premises and any
rights which arise under the provisions of this section shall
terminate.
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r.
11 Sec. 20 -73. NONCONFORMING LOTS OF RECORD.
A. No variance shall be required to reconstruct a single
family dwelling located on a nonconforming lot of record or which
is a nonconforming use if it is destroyed by natural disaster so
long as the replacement dwelling has a footprint which is no
larger than that of the destroyed structure and is substantially
the same size in building height and floor area as the destroyed
structure. Reconstruction shall commence within two (2) years of
the date of the destruction of the original building and
' reasonable progress shall be made in completing the project. A
building permit shall be obtained prior to construction of the
new dwelling and the new structure shall be constructed in
compliance with all other City codes and regulations.
' B. No variance shall be required to construct a detached
single family dwelling on a nonconforming lot provided that it
' fronts on a public street or approved private street and provided
that the width and area measurements are at least seventy -five
percent (75 %) of the minimum requirements of this chapter. If two
(2) or more contiguous lots are in single ownership and if all or
part of the lots do not meet the width and area requirements of
this chapter for lots in the district, the contiguous lots shall
be considered to be an undivided parcel for the purpose of this
chapter. If part of the parcel is sold, the sale shall constitute
a self- created hardship under the variance provisions of this
chapter.
' Section 3. This ordinance shall be effective immediately
upon its passage and publication.
If
PASSED AND ADOPTED by the Chanhassen City Council this
' day of , 1991.
' ATTEST:
' Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1991.)
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Planning Commission Meeting
November 6, 1991 - Page 23 1
Batzli: There should be a rule of reason here.
Ahrens: The regulations sometimes causes more problem.
Olsen: The part you're acting on is just with the recreational beachlots. II
There's a section, the identical section that's going to be going under
more under the water, boats and waterways section of the ordinance so this
will be applying to all lots. Not just recreational beachlots. '
Batzli: That's right and that's what kind of scares me from the standpoint
that we have no clue what these lot lines look like and if it's approaching '
the lake at a 45 degree angle, you can park your boat way-out in front of
the other guy's house anyway. What are we really doing?
Emmings: Again you're looking at. 1
Batzli: There have got to be a lot of lots around the lakes that don't
have a 90 degree tangent.
Farmakes: Mine's a trapezoid. Goes down to the lake.
Emmings: I doubt that there are a lot of them. I'm sure they're the
exception rather than the rule.
Farmakes: I'd say you're right.
Batzli: I don't live on the lake in Chanhassen so.
Emmings: We don't have to pass on that. Is there a motion on item number II
2 here? •
Batzli: I move we approve the section we're supposed to be looking at to II
pass along to the City Council.
Conrad: I'll second that. '
Emmings: Any discussion?
Batzli moved, Conrad seconded that the Planning Commission recommend '
approval of an amendment to Section 20 -263 by adding subparagraph (16) to
read as follows:
No watercraft shall be moored, docked or stored in the dock '
setback zone in such a way that the watercraft or any part thereof
extends across the extended side lot lines of any lakeshore site.
All voted in favor and the motion carried.
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT CONCERNING NONCONFORMING USES, STRUCTURES AND
LOTS.
Jo Ann Olsen presented the staff report. Chairman Emmings called the
public hearing to order, even though there was no one present in the room.
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Planning Commission Meeting
November 6, 1991 - Page 24
Conrad moved, Emmings seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Emmings: Is there any discussion about this?
' Batzli: Yeah, can you attack a non - conforming use? If I buy the property,
Do I get the benefit of the non - conforming from the person I buy the stuff
I from? Is that like by State law that's allowed? Can we distinguish it
somehow by City Code?
Olsen: What?
Batzli: Like for example. By way of example, junkyard down in business
fringe. Somebody comes in and buys that from the guy. Can they continue
' to use it as a junkyard?
Olsen: Yes.
' Emmings: As long as he continues to use it as a junkyard.
Batzli: Or salvage operation. Whatever it is.
Emmings: I think so.
' Conrad: It goes with the land.
Batzli: Is that a State law that they can do that?
Conrad: It goes with the land, not with the owner.
.Batzli: It goes with the land.
' Olsen: And as long as it's been continued. You know if it hasn't been
opened for a year.
Batzli: How about can't we make it just for one day so that if a person
leaves?
' Olsen: It's always been one year. I don't know where that one year came
from.
Batzli: One year just seems like an awful long time for some of this
stuff.
' Emmings: I live on a non - conforming lot and I have a non - conforming
structure on that lot.
Batzli: I'm talking non - conforming use.
Emmings: I'm not a non - conforming use. Just structure and lot.
' Batzli: Structure and lots I don't have a problem with. It's the use that
bothers me.
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Planning Commission Meeting
November 6, 1991 - Page 25 1
Olsen: We discussed before, I'm trying to remember what but we had shorter,
times than the year. Like docks where we've had illegal docks and people
are, or with the recreational beachlots.
Emmings: Was that a season instead of a year? ,
Olsen: Yeah, instead of a year. So I could check into that. Whether or
not we could reduce that year. I'm not sure. 1
Batzli: Do we say anything about rebuilding or anything like that?
Olsen: Yes. 1
Batzli: Where was that?
Olsen: Of the uses? ,
Batzli: Yeah. ,
Olsen: That's under (e).
-Batzli: (e ). More than 50 %. '
Conrad: Jo Ann, under 20- 73(b). We have a 75% factor. Where did that
come from? Why is that the right number?
Olsen: Well it's what we've had in the past. That kind of came from
Carver Beach and it comes out to 11,500 square feet and I think that that 11
was kind of the average in Carver Beach and they just picked.
Emmings: Carver Beach and probably Red Cedar Point would be another place
where that would apply. ,
Batzli: I move that the Planning Commission recommend approval of the
zoning ordinance concerning nonconforming uses, structures, lots as shown
in Attachment #1 of the memo dated October 10, 1991.
Ahrens: Second.
Batzli moved, Ahrens seconded that the Planning Commission recommend
approval of zoning ordinance amendment concerning nonconforming uses,
structures and lots as ,shown in Attachment #1 of the memo dated October 10,11
1991. All voted in favor and the motion carried.
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT CONCERNING BUS SHELTERS AND PARK AND RIDE LOTS.
Chairman Emmings called the public hearing to order.
Ahrens moved, Emmings seconded to close the public hearing. All voted in I
favor and the motion carried. The public hearing was closed.
Conrad: So we're allowing, what have we done for bus shelters and park and'
ride lots? We haven't set any standards for that. So we're assuming that
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CITY OF CHANHASSEN
I CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
II AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE CONCERNING
' NON- CONFORMING USES, STRUCTURES, AND LOTS
II THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20 -1 of the Chanhassen City Code is
1 amended by faeld-ingamending the following definitions to read:
I Nonconforming Lot. A lot that does not comply with the
requirements of this chapter but which did comply with
applicable ordinance requirements at the time the lot was
created.
II Nonconforming Structure. Any building or structure that
does not comply with the requirements of this chapter but
I which did comply with applicable ordinance requirements at
the time it was constructed or put in place.
I Nonconforming Use. A use of land that does not comply with
the requirements of this chapter but which did comply with
applicable ordinance requirements at the time the use was
established.
I Section 2. Chapter 20, Article II, Division 4 of the
Chanhassen City Code is amended in its entirety to read as
II follows:
Sec. 20 -71. PURPOSE.
1 The purpose of this Division is:
A. To recognize the existence of uses, lots, and structures
I which were lawful when established, but which no longer meet all
ordinance requirements;
I B. To prevent the enlargement, expansion, intensification,
or extension of any nonconforming use, building, or structure;
C. To encourage the elimination of nonconforming uses,
1 lots, and structures or reduce their impact on adjacent
properties.
1
r01/21/92
II "RED- LINED"
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>._
Sec. 20 -72. NONCONFORMING USES AND STRUCTURES.
A. There shall be no expansion, intensification, replace-
ment, structural change, or relocation of any nonconforming use
or nonconforming structure except.to lesser or eliminate the
nonconformity.
B. Notwithstanding any other provisions of this chapter,
any detached single family dwelling that is on a nonconforming ,
lot or that is a nonconforming use or structure may be altered,
or expanded provided, however, that the nonconformity may not be
increased. If a setback of a dwelling is nonconforming, no
additions may be added to the nonconforming side of the building
unless the addition meets setback requirements.
C. No nonconforming use shall be resumed if normal 1
operation of the use has been discontinued for a period of twelve
(12) or more months. Time shall be calculated as beginning on the
day following the last day in which the use was in normal
operation and shall run continuously thereafter. Following the
expiration of twelve (12) months, only land uses which are
permitted by this ordinance shall be allowed to be established.
1
D. Full use of a nonconforming land 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 twelve (12) or more months. Time shall
be calculated as beginning on the day following the last day in
which the nonconforming land use was in full operation and shall
run continuously thereafter. Following the expiration of twelve
(12) months, the nonconforming land use may be used only in the
manner or to the extent used during the preceding twelve (12)
months. For the purposes of this section, intensity of use shall
be measured by hour of operation, traffic, noise, exterior
storage, signs, odors, number of employees, and other factors
deemed relevant by the City. '
E. Maintenance and repair of nonconforming structures is
permitted. Removal or destruction of a nonconforming structure to
the extent of more than fifty percent (500) of its estimated
market value, excluding land value and as determined by the City,
shall terminate the right to continue the nonconforming
1 structure.
F. Notwithstanding the prohibitions contained in the
foregoing paragraphs of this section, if approved by the City
Council a nonconforming land use may be changed to another
nonconforming land use of less intensity if it is in the public
interest. In all instances the applicant has the burden of proof
regarding the relative intensities of uses.
G. If a nonconforming land use is superseded or replaced by
a permitted use, the nonconforming status of the premises and any
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1.• - i . t•: ..+Rwsr _- • . T. +.cr: 9i:> T..'ida a ."•= ?S�
. . . .
rights which arise under tie provisions of this section shall
terminate.
Sec. 20 -73. NONCONFORMING LOTS OF RECORD.
A. No variance shall be required to reconstruct a detached
single family dwelling located on a nonconforming lot of record
or which is a nonconforming use if it is destroyed by natural
disaster so long as the replacement dwelling has a footprint
which is no larger than that of the destroyed structure and is
substantially the same size in building height and floor area as
the destroyed structure. Reconstruction shall commence within two
(2) years of the date of the destruction of the original building
and reasonable progress shall be made in completing the project.
A building permit shall be obtained prior to construction of the
new dwelling and the new structure shall be constructed in
compliance with all other City codes and regulations.
B. No variance shall be required to construct a detached
single family dwelling on a nonconforming lot provided that it
fronts on a public street or approved private street and provided
' that the width and area measurements are at least seventy -five
percent (75 %) of the minimum requirements of this chapter.
C. Except as otherwise specifically provided for detached
single family dwellings, there shall be no expansion, intensi-
fication, replacement, or structural changes of a structure on a
nonconforming lot.
D. If two (2) or more contiguous lots are in single
ownership and if all or part of the lots do not meet the width
and area requirements of this chapter for lots in the district,
the contiguous lots shall be considered to be an undivided parcel
for the purpose of this chapter. If part of the parcel is sold,
the sale shall constitute a self- created hardship under the
variance provisions of this chapter.
Section 3. This ordinance shall be effective immediately
' upon its passage and publication.
1 PASSED AND ADOPTED by the Chanhassen City Council this
day of , 19011992.
1 ATTEST:
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 3--9- 11992.)
-3-
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SUMMARY ORDINANCE
FOR NON CONFORMING USES, STRUCTURES AND LOTS
The ordinance provides increased regulations of non - conforming
uses, structures and lots and provides a more clear definition as
to each type of nonconformity. The ordinance amendment allows
structures to be located on a nonconforming lot, without having to
receive a variance, if it meets all required setbacks. The
amendment also allows a detached single family dwelling that is on
a nonconforming lot or that is a nonconforming use or structure to
be altered or expanded provided, however, that the nonconformity
1 may not be increased.
' Passed and adopted by the City Council this day of
, 1992.
1 (Published in the Chanhassen Villager on ).
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