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HomeMy WebLinkAbout1123 - NonconformitiesSECTION 1123 NONCONFORMITIES SUBSECTIONS 1123.100: Purpose 1123.200: Nonconformities 1123.300: Nonconforming Property 1123.400: Nonconforming Use 1123.500: Nonconforming Structure 1123.600: Expansion of A Nonconforming Restaurant Use 1123.100: PURPOSE. The purpose of this Section is to provide for the eventual elimination of all nonconforming uses and other nonconformities by:  Recognizing certain developments which lawfully existed prior to the effective date of the applicable provisions of the Zoning Code.  Prohibiting the enlargement, intensification, expansion, rebuilding or extension of nonconformities.  Provide criteria which provide for the reconstruction of nonconforming uses which are damaged by fire or other natural disaster.  Encouraging the elimination of nonconformities or minimize their impact on adjacent properties.  Requiring certain nonconformities either to comply with the Ordinance or terminate.  Providing an equitable system for the termination of certain 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 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 percent of the required set back. (Ord. Amd. 122-08 pub. 8/13/2022) (2) Reduction In Nonconformity. Any nonconformity which is reduced in size, intensity or otherwise becomes more conforming may not again expand or become less conforming. Removal of a structure, relocation, reduction, or elimination of any site element, such as outdoor storage, is a reduction in intensity. (3) Conditional Use Permits. The City may not issue a Conditional Use Permit for any property which contains a nonconformity unless the nonconformity is removed as a condition of the Conditional Use Permit. (4) Nonconforming Signs. All nonconforming signs must be brought into compliance with the Zoning Code or removed within one (1) year from the effective date of the applicable provisions of the Zoning Code. (5) Nonconforming Parking. Any land use which does not provide the number of parking spaces required by the Zoning Code may remain as a nonconformity; however, the land use may not be expanded or intensified unless it provides the parking spaces required under the Zoning Code for the expansion or intensification. A use will be considered to be expanded or intensified if any of the following occur:  The floor area is increased.  The parking requirement is increased.  The building bulk is increased.  The Zoning Administrator determines the use has expanded or intensified. (6) Side Yard Setback. a. Nonconforming lots of record in the R-1 and R-2 Zoning Districts may have side yards of not less than five (5) feet if the following criteria are met:  The sum of the side yards on the nonconforming lot is at least fifteen (15) feet.  No yard encroachments, as permitted below, are located within five (5) feet of an adjoining lot.  A minimum separation of fifteen (15) feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot. b. Nonconforming lots of record in the R-1 and R-2 Zoning Districts may have side yards of not less than five (5) feet for a side yard which directly abuts an outlot area designated for public drainage and/or utility lines if the following criteria are met:  No fences, walls, accessory structures, or overhangs are allowed within the outlot area. 1123.300: NONCONFORMING PROPERTY. Any property which does not conform with the lot area, lot depth and/or lot width requirements of the Zoning District in which the property is located shall not be a buildable lot unless the property qualifies under one of the provisions in this subsection. The requirements outlined herein are intended to define the conditions under which a nonconforming property may be developed without a variance. Development on nonconforming property which do not comply with these criteria may only be considered after application for, and approval of, appropriate variances. 1123.301 Purpose. The purpose of regulating development on substandard property is to coordinate development to ensure environmentally sensitive development, ensure compatibility with surrounding existing development and to allow for combination of property to the extent possible. 1123.302 Existing Structure. A parcel which does not conform with the lot area or lot width requirements of the Zoning District in which the parcel is located shall not be a buildable lot unless the parcel already contains an occupiable structure. 1123.303 Combine Lots. A structure on a parcel which does not meet the area or width requirement of the Zoning Code shall not be expanded or enlarged unless the parcel is combined with one or more abutting lots or parcels to create a lot meeting the requirements of the Zoning Code. 1123.304 Lot of record – Generally. A lot of record outside of the Shoreland Overlay District is buildable only subject to the following requirements: (1) A lot of record as of June 1, 2009 in the R-1 or R-2 Use District, which does not meet the area and/or the width requirements of the Zoning Code may be utilized for single family detached dwelling purposes if the dimensions of its area and width are at least 67% of the requirements of the Zoning Code. (2) Any single family detached dwelling which exists on June 1, 2009, the effective date of this subsection, on any nonconforming lot located in the R-1 or R-2 Use District which is later destroyed by fire or other natural disaster may be rebuilt if a building permit for reconstruction is issued within 365 days of its destruction and if the building 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. (3) Two or more contiguous nonconforming lots of record under single ownership shall be considered to be one parcel for the purpose of the Zoning Code, and no portion of said parcel shall be used or sold separately unless each separate parcel can meet the lot area and lot width requirements. (4) Two or more nonconforming lots of record under single ownership separated by a private road or driveway may be combined and used as a single buildable lot under the following circumstances:  The property owner must apply to the City for approval of a lot combination.  The property owner must file a deed restriction or covenants with the Scott County Recorder in a form acceptable to the City Attorney. This deed restriction or covenant must include provisions that restrict the resubdivision of the lot.  There must be an existing principal structure on one lot.  The location of the principal structure on the lot must preclude the ability to construct a legal accessory structure on that lot.  Any structures on the combined lots must meet the minimum setbacks of the Use District in which it is located.  In those cases where a detached accessory structure is to be located on the portion of the lot which is separated from the principal structure by the private road or driveway and there are existing residential structures adjacent to or in close proximity to the proposed structure, the Planning Commission shall hold a public hearing on the request upon receipt of an application and following the notice requirements for a variance pursuant to the Zoning Code. In evaluating the application, the Planning Commission shall not apply the criteria for variances but instead shall determine whether the design and location of the detached accessory structure is compatible with the surrounding properties in terms of architecture, buildings materials and placement on the lot. 1123.305 Lot of record – Shoreland. (1) All Areas: Development of all nonconforming lots of record in the Shoreland Overlay District existing upon the effective date of the applicable provisions of the Zoning Code shall comply with the following: a. In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, only if it meets the following requirements: (i) The lot must be at least 67 percent of the dimensional standard for lot width and lot area; (ii) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system; (iii) Impervious surface coverage must not exceed 30 percent of each lot; and (iv) Development of the lot must be consistent with an adopted comprehensive plan. b. A lot subject to paragraph (1) not meeting the requirements of paragraph (a) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. c. Notwithstanding paragraph (b), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system, or connected to a public sewer. d. In evaluating all variances, zoning and building permit applications, or interim or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. e. A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage system requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (2) Sewered Areas: In addition to the regulations above for development of a nonconforming lot of record in the Shoreland Overlay District, a nonconforming lot of record in the Shoreland Overlay District existing upon the effective date of the applicable provisions of the Zoning Code in a residential district, located adjacent to a General Development or Recreational Development Lake may be utilized for single-family detached dwelling purposes, only provided that all of the conditions of this subsection apply: a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square feet. b. The lot has been assessed a sewer and water assessment and will not require an on-site septic system for development. c. The lot was created compliant with official controls in effect at the time. d. The development plans shall be in conformance with the policies for residential development as outlined in the Comprehensive Plan. e. The development plan shall not exceed thirty percent (30%) impervious surface coverage. f. Development shall be in conformance with the erosion and sediment control requirements of the City Public Works Design Manual. g. A complete grading and drainage plan shall be submitted to the City Engineer for review. Such plans shall be prepared in accordance with the City Public Works Design Manual. h. The lot and proposed structure shall meet all other performance standards of the zoning and building codes. 1123.306 Nonconformity as a Result of Government Action. If a governmental body takes land by exercise of its right of eminent domain and by that taking creates a parcel which does not conform to the width, area, or yard requirements of the Zoning Code, the nonconforming parcel shall become a legal nonconforming parcel and may be used thereafter only by complying with the provisions of this Section. The same nonconforming status of the parcel will result if the governmental body acquired the land by negotiation rather than by condemnation. If the owner of a property which becomes a legal nonconforming parcel as the result of a governmental taking applies for a variance to reinstate the legal status to the property, the governmental taking shall constitute a hardship for the purpose of the variance. 1123.400: NONCONFORMING USES. 1123.401 Generally. Pursuant to Minn. Stat. 462.357, Subd. 1e, a legal nonconforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Intensification shall include, but not be limited to, increased hours of operation, expansion of the use to a portion of the property not previously used, expansion of a parking area and increased number of employees. 1123.402 Termination of Rights Through Discontinuance. If a legal non-conforming land use terminates operations or use for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use shall be deemed discontinued and all nonconforming rights are terminated and any future use of the land must comply fully with the Zoning Code. Other evidence of discontinuance of the operation or use includes, but is not limited to, the following factors:  Filing of a petition for tax abatement;  Notice of tax forfeiture;  Disconnection of utilities;  Boarding up and securing of building;  Voluntary destruction of the building or property;  Voluntary change to a conforming land use;  Unpermitted and illegal change from one non-conforming land use to another;  Change in business practices;  Lease or conveyance of property for a different use, including sublease of the premises for another non-conforming use or the same use conducted by another tenant; 1123.403 Permitted Construction. Construction is permitted for a nonconforming use on a property only under the following circumstances:  Where a legal nonconforming land use exists and where the construction is determined by the Building Official to be necessary to bring the building into compliance with applicable health and safety codes.  Where the construction would allow additions and alterations to buildings containing legal nonconforming residential units provided they comply with the following: • The construction will not result in an increase in the number of dwelling units. • The building (parcel) is not located in an area which the Council has designated as a high priority for redevelopment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be redeveloped and may include timeliness and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of property, environmental testing or remediation, demolition of structures and other similar activities. 1123.404 Reduction in Intensity. A nonconforming land use may be changed to a less intense nonconforming land use subject to approval by the Zoning Administrator. The property owner or tenant has the burden of providing evidence that the proposed land use is less intense than the existing nonconforming land use. The Zoning Administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to each of the following factors:  Hours of Operation;  Signage;  Off-street parking and loading;  Nature of business operations;  Type of equipment or machinery;  Outdoor storage;  Number of employees;  Aesthetic impacts on surrounding property;  Property values. 1123.500: NONCONFORMING STRUCTURE. 1123.501 Generally. Pursuant to Minn. Stat. 462.357, Subd. 1e, a legal nonconforming structure may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Expansion shall include, but not be limited to:,larger footprint, increased number of floors, and increased impact on setbacks, yards or bufferyards. 1123.502 Termination of Rights Through Discontinuance. If a legal nonconforming structure is destroyed and/or unusable for a period of time exceeding 12 months or if the land or building is vacant for a period of time exceeding 12 months, the use of the structure shall be deemed discontinued and all nonconforming rights are terminated and the structure must be brought into compliance with the Zoning Code. Other evidence of discontinuance of use of the structure includes, but is not limited to, the following factors:  Filing of a petition for tax abatement;  Notice of tax forfeiture;  Disconnection of utilities;  Boarding up and securing of building;  Voluntary destruction of the building or property;  Voluntary change to a conforming structure;  Unpermitted and illegal change from one nonconforming structure to another;  Change in business practices;  Lease or conveyance of property for a different use, including sublease of the premises for another non-conforming use or the same use conducted by another tenant; 1123.503 Permitted Construction. Only in the following cases, is construction permitted on or within a legal nonconforming structure:  Construction which is determined by the Building Official to be necessary to bring the structure into compliance with applicable health and safety codes.  Construction which does not extend, expand or intensify the nonconformity.  Routine maintenance and non-structural alterations and repairs that do not extend the useful economic life of the structure. 1123.504 Reduction in Intensity. A nonconforming structure may be changed to a less intense nonconforming structure subject to approval by the Zoning Administrator. The property owner or tenant has the burden of providing evidence that the proposed structure is less intense than the existing nonconforming structure. The Zoning Administrator shall consider the evidence provided by the property owner or tenant in evaluating relative intensities, including, but not limited to each of the following factors:  Footprint;  Number of floors;  Impact on setbacks, yards or bufferyards;  Quality or aesthetic improvements; 1123.600 EXPANSION OF A NONCONFORMING RESTAURANT USE. The purpose of this Subsection is to permit the expansion of a nonconforming restaurant use on Upper Prior Lake upon the conformance to certain conditions and regulations as set forth below. (1) Findings. The City Council finds that the City and its residents will benefit by establishing conditions for parcels of property that conditions the expansion of a nonconforming use to the site and neighborhood based on the conditions set forth in this subsection based upon the following findings: a. Based upon Minnesota Statutes 462.357, Subd. 1e, the City of Prior Lake is authorized to permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. b. Property legally described as Lots 19 and all that part of Lot 20, Green Heights First Addition, according to the recorded plat thereof, lying easterly of the following described line: beginning at a point on the southerly line of said Lot 20, 50 feet easterly from the most southerly corner thereof; thence in a northwesterly direction through a point to the shore of Prior Lake and there terminating, said point being described as follows: Commencing at the most southerly corner of Lot 20; thence North 28○48’20” West along the westerly line of Lot 20 a distance of 182.4feet; thence North 56○05’40” East 63 feet to said point (“Project Site A”) has a nonconforming use due to the principal building’s lake setback and its first floor elevation in the floodplain. The lot is conforming in the Shoreland District by meeting zoning minimum lot dimensional standards for the Medium Density Residential (R-2) Zoning District. (Ord. Amd. 124-02 pub. 4/26/2024) c. Property legally described as Lot 7, Green Heights First Addition, City of Prior Lake, Scott County, Minnesota, Parcel ID 251020060 (“Project Site B”) is a nonconforming lot in the Low Density Residential (R-1) Zoning District with a 75-feet lot frontage compared to the 86-feet minimum. The lot area of 15,000 square feet is above the 12,000 square foot minimum d. The Minnesota Department of Natural Resources (“DNR”), on April 5, 2007, approved a transfer of an amended DNR Permit #1988-6299, authorizing a specific dock layout for this Mooring Facility with the restaurant. e. An application was received by the City of Prior Lake from the Developer to reconstruct an existing marina and associated restaurant on Project Site A with additional off-street parking to be constructed on Project Site B (both combined as the “Project Site”). (2) Definition. Nonconforming or nonconformity means any development, including but not limited to structures, signs, site lighting, off-street parking, bufferyards, land uses, or parcels which were legally constructed or established prior to the effective date of this Ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with the provisions of the City Code. (3) Authorization. The expansion of the existing restaurant on Project Site A, and the construction of a parking lot on Project Site B is permitted upon the following conditions: a. The Project Site shall be developed in accordance to the Site Plan revised January 27, 2015, or as may be further amended and approved by the City, and hereby incorporated into this Ordinance. b. Project Site B shall always be used in conjunction with Project Site A. c. The restaurant building shall be set back a minimum of twenty-five (25) feet from the Ordinary High Water Level of Upper Prior Lake. d. The restaurant building shall be set back a minimum of ten (10) feet from the side property lines, and a minimum of twenty-five (25) feet from the front property line. e. No deck area shall encroach upon the Ordinary High Water Level elevation. f. The maximum impervious surface for the Project Site shall be seventy-five (75) percent. g. A minimum of 80 off-street parking stalls shall be provided on the Project Site. h. The restaurant/bar operations shall be limited to the following hours: Monday- Thursday = 11:00 a.m. to 11:00 p.m.; Friday-Saturday = 9:00 a.m. to 1:00 a.m.; and Sunday = 9:00 a.m. to 11:00 p.m. Outdoor serving of food and drinks shall stop no later than 11:00 p.m. Sunday through Thursday, and no later than 12:00 midnight Friday and Saturday. i. The restaurant/bar operations shall be allowed extended Holiday hours on up to eight (8) calendar dates per year. i) A schedule of up to eight (8) Holidays shall be provided to the City Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; ii) Indoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 1:00 a.m.; and iii)Outdoor restaurant/bar Holiday hour operations shall be limited to the following hours: 9:00 a.m. to 12:00 midnight. a. Seating for the bar/restaurant shall be at a maximum capacity of 105 indoor and 180 outdoor. k. The number of boat slips associated with the DNR-approved dock configuration shall not be expanded (per DNR Transferred-Amended Public Water Permit dated April 5, 2007). A total of 80 boat slips in their existing configuration are permitted, including a maximum of 60 for lease, and a minimum of 20 for public use. l. The parking lot on Project Site B shall be designed for a maximum of 30- 32 stalls. This lot shall be used only by the use of permits as approved by the owner for boat slip renters associated with the marina operation, and for special events; in addition, special events and overflow parking shall be allowed by valet only. Lighting for this parking lot shall be limited to a cut- off, bollard-style at a maximum height of 42 inches. Buffering shall meet or exceed the City’s bufferyard Type C requirements, allowing plantings to be off-site on neighboring properties, if necessary. m. No outdoor music of any kind shall be allowed past 10:00 p.m., Monday through Sunday. All outdoor music shall be subject to City Code Section 307 relating to Public and Private Gatherings except for outdoor amplified dinner music, live or otherwise (“Dinner Music”), which shall be permitted subject to the following conditions: i) Dinner Music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday; ii) Dinner Music may only be played twenty (20) days per year; iii) iv) Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at a distance of one hundred (100) feet from the event site; iv) Dinner Music is subject to City Code Section 605 relating to Public Nuisances; v) A schedule of Dinner Music dates shall be provided to the City Manager by May 15 each year. Any revisions to the schedule shall be provided to the City Manager at least seven (7) days in advance of any newly scheduled or rescheduled event; and vi) If Dinner Music violates any provision of this Section or any other provision of the City Code in the City Council’s sole discretion, the City Council may immediately prohibit all future Dinner Music by written notice to the manager of the restaurant. Such prohibition may be lifted only by the City Council in the City Council’s sole discretion. n. A minimum of 10, designated off-street employee parking stalls shall be provided on the Project Site. o. All other City Code regulations not exclusively specified herein shall be followed.