PCMemoNonconformities1.5.16Memorandum
To:
444 Cedar Street, Suite 1500
Reference: Nonconforming Uses in
Saint Paul, MN 55101
Commission
651.292.4400
tkda.cam
Update
Copies To:
TKDA
Memorandum
To:
Scandia Planning
Reference: Nonconforming Uses in
Commission
Shoreland—Proposed Ordinance
Update
Copies To:
Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 15745.000
From:
Sherri Buss, RLA AICP,
Routing:
Planner
Date:
December 29, 2015
The City has received questions from a property owner in the Shoreland District about the
zoning requirements for replacement of an existing structure vs. the repair/expansion of the
structure on a legal, nonconforming lot. He asked about how much of the building needed to
remain in order for the activity to be considered expansion of the existing structure, so that the
action could be approved by an administrative permit, rather than a replacement, which would
require a variance on the specific location under consideration, because the lot does not have
66% of the area of the minimum lot size in the zoning district.
The City Administrator and Planner have consulted with the DNR about the criteria that the
agency uses to determine the distinction between "replacement" and "expansion" of an existing
structure in Shoreland areas. The criteria could be added to the Development Code so that this
information is readily available to applicants.
Current Development Code Language on Nonconforming Structures
The Development Code has different requirements for restoration, alteration/replacement, and
expansion of nonconforming buildings or structures, but it does not include definitions for these
terms. The current requirements are as follows:
Legal, nonconforming structures that have been destroyed by fire or another peril to the
extent of more than 50% of market value may be restored if a building permit is applied
for within 180 days of the date when the property was damaged. (This is consistent with
Minnesota Statutes that apply to nonconforming structures.)
Other legal, nonconforming structures may be repaired or replaced without a variance, if:
o The alterations or replacement do not expand the building size.
o The alterations or replacement do not change the building occupancy capacity,
parking demand, or sewage treatment requirements.
o The alterations or replacement do not increase the nonconformity of the building
or the use.
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Nonconformities Ordinance Page 2
Scandia Planning Commission
January 5, 2016
The expansion of legal, nonconforming agricultural or single-family residential structures
may be approved through an Administrative permit, if:
o The existing building is nonconforming only due to height, yard setback or lot
area as long as the structural nonconformity is not increased, and the expansion
complies with all other performance standards.
o The Zoning Administrator finds that any such expansion will not have negative
impacts on adjacent properties or the public right-of-way.
o Long-term sewage disposal needs can be met.
A legal, nonconforming lot that is vacant may be developed for one single-family
detached dwelling without variances, with an administrative permit, if:
o The lot was legal when it was established.
o The lot is zoned for single-family use
o The lot is at least 66% of the dimensional standards for lot size and lot width
required in the zoning district where it is located.
o The lot has frontage and access on a public street
o The lot is suitable for installation of a septic system that meets County
requirements
o All setbacks shall be met.
o Impervious surface coverage must not exceed 25%
DNR Criteria
1. Jenifer Sorensen, the DNR Hydrologist for our area, indicated that the DNR recommends using
the criteria that Washington County uses for distinguishing between replacement and repair:
Reconstruction is replacing 50% or more of the assessed value of a structure.
Remodeling/expansion would mean improvements that equal less than 50% of the
assessed value of the structure (See 13.3 Nonconforming Structure (1) of the County's
code). 50% is also a commonly applied standard in floodplain zoning.
Potential Amendment
An amended version of the Development Code section on Nonconforming Structures is
attached that includes the same language as Washington County's ordinance, to provide
quantifiable criteria for determining the difference between expansion and replacement of an
existing nonconforming structure.
The Planning Commission may discuss the proposed amendment at the meeting on January 7.
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