8.b)2) Ordinance 167 - nonconformities444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
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TKDA
Memorandum
To:
Scandia City Council Reference;
Copies To:
Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No
From:
Sherri Buss, RLA AICP, Routing:
Planner
Date:
February 3. 2016
Background
Nonconforming Uses in
Shoreland—Ordinance
Amendment
16023.000
The City recently received questions from property owners in the Shoreland District about the
zoning requirements for replacement of an existing structure vs. the repair, expansion or
alteration of the structure on a legal, nonconforming lot. They asked about how much of the
building needed to remain in order for the activity to be considered an alteration 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 attached amendment reflects the DNR's comments
Planning Commission Public Hearing and Recommendation
The Planning Commission discussed the proposed amendment in January, and held a public
hearing on the proposed ordinance amendment on February 3. The Planner updated the
amendment to address Planning Commission comments at the January meeting —suggesting
that the language be changed to clarify the differences between replacement, restoration, and
alteration of structures, since the distinction in terms and requirements are not clear in the
current ordinance. The proposed changes will make the process for approval shorter and less
costly for building replacements that meet all Development Code requirements.
The Planning Commission received no comments on the proposed amendment at the public
hearing. The Commission recommended that the Council approve the amendment to the
Development Code.
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CITY OF SCANDIA
ORDINANCE NO. 167
1' 1 0F.110141 W.1105 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(aAlterations or Repl ,.o,.,,o„'. 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 do not expand the building size.
(B) The alterations do not change the building occupancy capacity, or
parking demand or sewage treatment requirements.
(C) The alterations of feel ,cemedo 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
Ordinance No. 166 Page 2 of 2