HomeMy WebLinkAbout05(H) - Approval of an Ordinance Amending Prior Lake City Code Section 1123, Nonconformities, Related to Damaged or Destroyed Structures Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 122-___
AN ORDINANCE AMENDING SECTION 1123, NONCONFORMITIES,
OF THE PRIOR LAKE CITY CODE
1. The City Council of the City of Prior Lake, Minnesota, does hereby ordain that Subsection
1123.201(1) DAMAGED OR DESTROYED STRUCTURES is hereby deleted in its entirety
and replaced with the following:
DAMAGED OR DESTROYED STRUCTURES
1) If the cost to repair a nonconformity involving a damaged structure is more than 50%
of the County Assessor’s market value of the structure at the time of the damage, the
structure shall be removed or made to conform to the Zoning Code within 12 months
of the occurrence of the damage; except that if the structure is legally nonconforming
and the structure is destroyed by fire or other natural disaster the structure may be
rebuilt if a building permit for reconstruction is issued within 180 days of its
destruction. When a nonconforming structure in the shoreland district with less than
50 percent of the required setback from the water is destroyed by fire or other natural
disaster to greater than 50 percent of its estimated market value, as indicated in the
records of the county assessor at the time of damage, a variance will be required if
the structure setback from the ordinary high water elevation is less than 50% of the
required setback.
2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as
though repeated verbatim herein.
3. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 1st day of August 2022.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
A copy of this ordinance is to be published in the Prior Lake American on Saturday, August 13,
2022.
SECTION 1123
NONCONFORMITIES
1123.200: NONCONFORMITIES. All nonconformities are subject to the provisions of this
Section as well as Minn. Stat. 462.357, Subd. 1e. If the provisions of this Section
are in conflict with Subd. 1e, the more restrictive provision shall apply. Nothing in
this Section shall be construed to permit a violation of any section of the City Code
or the continuation of any nuisance, unsafe or unsanitary condition.
1123.201 General Requirements. A legal nonconformity existing at the time of the
applicable provisions of the Zoning Code may be continued only as follows:
(1) Damaged or Destroyed Structures. If the cost to repair a nonconformity
involving a damaged structure is more than 50% of the County Assessor’s market
value of the structure at the time of the damage, the structure shall be removed or
made to conform to the Zoning Code within 12 months of the occurrence of the
damage; except that if the structure is legally nonconforming and the structure is
destroyed by fire or other natural disaster the structure may be rebuilt if a building
permit for reconstruction is issued within 180365 days of its destruction. When a
nonconforming structure in the shoreland district with less than 50 percent of the
required setback from the water is destroyed by fire or other natural disaster to
greater than 50 percent of its estimated market value, as indicated in the records
of the county assessor at the time of damage, a variance will be required if the
structure setback from the ordinary high water elevation is less than 50% of the
required setback. and if it otherwise conforms with the provisions of the Zoning
Code. This provision allows a structure to be rebuilt as long as it meets setback,
lot coverage, impervious surface and other applicable provisions. If the structure
does not meet these standards, a variance will be required