4b2 Ordinance No 167 DraftNonconformities 2.2.16CITY OF SCANDIA
ORDINANCE NO. 167
1' 1 0F.110141 W_U I __\-I
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 1, SECTION 13.3 REGARDING NONCONFORMING STRUCTURES
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter One, Section 13.3, Nonconforming Structures,
13.3 Nonconforming Buildings and Structures:
(1) Replacement. A lawful nonconforming structure which is removed, destroyed or altered
by any means to the extent that the cost of repair or replacement would exceed fifty
percent (50%) of the appraised value of the original structure shall not be replaced, except
in conformity with this Development Code. If a replacement structure cannot be placed
on the lot meeting all current standards, the variance procedure must be followed. For the
purposes of this Development Code, the term "Appraised Value" shall mean the market
value of the property as determined by the current records of the County Assessor for the
year in which the damage was done.
04QRestoration of buildings destroyed by fire or peril. Unless a building permit has been
applied for within 180 days of when a property is damaged, no lawful nonconforming
building or structure which has been destroyed by fire or other peril to the extent of
greater than 50% of its market value, as indicated in the records of the county assessor at
the time of damage, shall be restored, except in conformity with the regulations of this
Chapter. If a building permit has been applied for within 180 days of when the property is
damaged, the City may impose reasonable conditions when issuing the permit in order to
mitigate any newly created impact on adjacent property or water body.
(24(RAlterations or Repl eo,,,. Alterations to (e.g., repair, normal maintenance, remodeling)
or- r-eplaeement of a lawful nonconforming building or structure that are valued at 50% or
less of the appraised value of the original nonconforming building or structure may be
undertaken provided:
(A) The alterations of o.- laeeme do not expand the building size.
(B) The alterations or epla enie * do not change the building occupancy capacity, or
parking demand or sewage treatment requirements.
(C) The alterations ^r epla .om en do not increase the nonconformity of the building or
the use.
Ordinance No. 166 Page 1 of 2
(�(4) Expansion of Nonconforming Buildings or Structures.
(A) Agricultural or Single Family Residential Buildings and Structures. The expansion of
lawful nonconforming agricultural or single family residential buildings and
structures may be approved through the Administrative Permit process subject to the
provisions of Section 10 of this Chapter, provided that:
1. The existing structure remains in place, and is expanded.
4-.2. Expansion of principal or accessory buildings found to be nonconforming only
by reason of height, yard setback, or lot area may be permitted provided the
structural nonconformity is not increased and the expansion complies with all
other performance standards of this Chapter. An Administrative Permit shall
not be issued under this section for a deviation from other requirements of this
Chapter unless variances are also approved.
2-.3. The Zoning Administrator finds that any such expansion will not have external
negative impacts upon adjacent properties or public rights-of-way.
4. Long term sewage disposal needs can be met.
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this , 2016.
Randall Simonson, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
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