HomeMy WebLinkAbout5.L. Amendment to the City Code Section 11.91 Regarding Non-Comforming Uses-Ord. No. 744
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CITY OF SHAKOPEE
Memorandum CON~~~
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CASELOG NO.: 06005
TO: Shakopee City Council
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to City Code Section 11.91 Regarding Non-Conforming Uses
MEETING DATE: January 17, 2006
INTRODUCTION:
At the suggestion of City Attorney Thomson, staff brought forward an amendment to bring this
portion of City Code into compliance with amendments to state statutes that were adopted in 2004.
ALTERNATIVES:
1. Offer and approve Ordinance No. 744, an ordinance amending Shakopee City Code Sec. 11.91
regarding non-conforming uses as presented.
2. Offer and approve Ordinance No. 744, an ordinance amending Shakopee City Code Sec. 11.91
regarding non-conforming uses with revisions.
3, Do not amend Shakopee City Code Sec. 11.91.
4. Table the matter for additional information.
VISIONING RELATIONSHIP:
The proposed text amendment can be construed to be responsive to Goal D and Strategies 4 and
11, which are as follows;
Goal D. Vibrant, resilient and stable.
Strategies
4. Improve individual financial health
11. Ensure range ofhousing
By providing a longer term for non-conformities, the amendment may help to assure that uses that
have traditionally been a part of the community can continue to exist, and in so doing assist
property owners who wish to make beneficial use of those properties. This may especially true in
some ofthe older parts of the City, where residential properties that provide a range of
opportunities may sit unused or unsold in the marketplace for a longer time than those in other
parts of the City.
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PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the proposed changes on January 8, 2006, and unanimously
recommended approval.
ACTION REQUESTED:
Offer and approve a motion recommending to the City Council the approval of the proposed text
amendments as presented.
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R. Michael Leek
Community Development Director
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ORDINANCE NO. 744, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE SECTION 11.91 REGARDING NON-CONFORMING USES
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That Shakopee City Code Section 11.91 ,Nonconformities, is hereby
amended by adding the language that is underlined and deleting the language that is struck
through (all subsequent entries to be renumbered accordingly) .
Subd. 3. Regulation of Type A Nonconformities.
C. Full utilization ofthe nonconformity shall not be resumed ifthe amount ofland or
floor area dedicated to the use is lessened or if the intensity of the use in any manner
diminished for a period of six (6) or more months.one (1) year or more. ... Following
the expiration of six (6) months, one (1) year, the nonconformity may be used only in
the manner or to the extent used during the preceding sic (6) months.
D. Unless a building permit has been applied for within 180 days of removal or
destruction of a non-conforming use, removal or destruction of a nonconformity to the
extent of more than 50% of its estimated market value, excluding land, as determined
by the assessor, shall terminate the right to continue the nonconformity. In the event
that a building permit has been applied for within 180 days of destruction or removal
of the use, the City may impose reasonable conditions upon the permit in order to
mitigate any newly created impacts on adiacent properties.
Subd. 4 Regulation of Type B Nonconformities.
B. Unless a building permit has been applied for within 180 days of removal or
destruction of a Type B nonconformity, a Type B nonconformity which is destroyed
to the extent of more than 50% of its market value at the time ofloss shall be replaced
only in compliance with the standards ofthe applicable zone. '"
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shako pee, Minnesota held
the day of ,2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,20_.
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