HomeMy WebLinkAboutOrd. 378 - Amend 12-10
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 378
AMENDING CITY CODE TITLE 12-10 TO MODIFY THE CITY CODE RELATED TO
NONCONFORMING STRUCTURES TO CONFORM TO STATE STATUTE 462.357
WHEREAS, a public hearing was held before the City Council; and
WHEREAS, the City Council reviewed the proposed code change; and
WHEREAS, the City Council has determined that the CUlTent code language is out of date and should be
modified to follow the State Statute 462.357 related to nonconforming structures.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES HEREBY ORDAIN
CITY CODE SHALL BE CHANGED AS FOLLOWS: (underlining is new language to be added,
strikeouts indicate language to be removed):
CITY CODE
TITLE 12: ZONING REGULATIONS
CHAPTER 10: NONCONFORMING USES AND STRUCTURES
12 10 1: CONTINU}.....l\TCE OF NONCONFORlVUTY:
}... ,^..ny structure or use lawfully existing upon the effective date of this title may be continued at the size
and in the manner of operation existing upon such date as hereinafter specified.
R ,^..ny nonconforming use of land lawfully existing upon the effective date of this title may be continued
for a period of three (3) years after the effective date of this title, whereupon such nonconforming use
shall cease. (Amended Ord. 8, 10 21 1970)
12-10-~ 1: DISCONTINUANCE OF USE:
Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of
one year, any future use of said building or structure or lan~ shall be in conformity with the provisions of
this title. (Amended Ord. 8, 10-:21-1970)
12-1O-~ 1: CHANGE OF NONCONFORMINC USE:
A. When any lawful nonconforming use of any structure or land in any district has been changed to a
conforming use, it shall not thereafter be changed to any nonconforming use.
R The structure or land \vithin ',vhich a nonconforming use is contained may not be enlarged,
reconstructed, substituted, moved, or structurally altered. (/\mended Ord. 311 10 1 2005)
(;; B. A nonconforming use shall not be expanded so as to incorporate more employees, generate
increased amounts of product, or otherwise increase in scale or scope from its inception. (Amended Ord.
314 10-4-2005)
12-10-4 J: MAINTENANCE AND REPAIRS:
A. Nothing in this title shall prevent the placing of a structure in a safe condition when said structure is
declared unsafe by the Building Official.
B. 'Nhcnever a nonconforming structure shall ha,,'e been damaged by fire, flood, explosion, earthquake,
W"Ur, riot, or act of God, it may be reconstructed and used as before if it be reconstructed ',vithin t'.velve
(12) months after such calamity, unless the damage to the structure is fifty percent (50%) or more of its
market 'Ialue (as estimated by the building official), in '.vhich case, the reconstruction shall be for a use in
accordance v/ith the provisions of this title. (Amended Ord. 8, 10 21 1970; mnd. 2003 Code)
B. Any nonconformity, including: the lawful use or occupation of land or premises existing at the
time of the adoption of an additional control under this chapter, may be continued, including
through repaIr, replacement, restoration, maintenance, or improvement, but not
including
expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50
percent of its market value, and no building permit has been applied for within 180 days of 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 adiacent property.
C. Normal maintenance of a building or other structure containing or related to a nonconforming use is
permitted, including necessary nonstructural repairs and incidental alterations v/hich do not exceed or
intensify the nonconforming use. (,^..mended Ord. 8, 10 21 1970)
12 10 5': ..:\.LTER^...TIONS:
A. No structural alteration shall be made.
R. Alterations may be made to a structure containing nonconforming residential units when they will
improY6 the livability thereof, proyided they will not increase the number of dwelling units or expand the
existing bulk of the structure. (,^..mended Ord. 8, 10 21 1970)
12-10-6 1: NON-CONFORMING LOTS OF RECORD:
All other sections ofthe City Code shall remain as written and adopted by the City Council of the City of
Andover.
Adopted by the City Council of the City of Andover on this 17th day of March, 2009.
CITY OF ANDOVER
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ATTEST: Michael R. Gamache, Mayor
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Michelle Hminer, Deputy City Clerk