8C - Non-Conforming Structure Ordinance, Discussion

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COMMIUNr y CWROVVIrH INSTITUTE OLD BUSINESS-NON-CONFORMING STRUCTURE ORDINANCE Background Information: Last month, the Planning Commission reviewed and recommended approval of an ordinance amendment regarding replacement of non- conforming structures. Regarding expansion of existing non-conforming structure the Planning Commission suggested 1) requiring a state licensed inspector to verify the building is structurally sound, and 2) not allowing property owners to rebuild the non- conforming structure for five years IF they make an addition, and 3) the maximum size of the addition be determined by how non-conforming the structure is. Essentially, the more conforming a structure,the more it is able to be expanded. The City Council determined that the ratio system could become confusing for residents. They felt the City would best be suited with the original language for the maximum size of an expansion of a non-conforming structure: The total footprint of the structure, once the addition is completed, shall not exceed 2,500 square feet, including decks, porches, patios and other projections. Procedurally, the City Council has denied the amendment. They also asked the Planning Commission to take this matter up again and develop a more simplified approach. A public hearing should be scheduled if the Planning Commission wishes to move this forward. We could not schedule a hearing for this month as the notices had been sent prior to the City Council meeting. Section 17-4.4 NON-CONFORMING STRUCTURES AND USES 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair,replacement, restoration, maintenance, or improvement, but not including expansion,unless: A. the nonconformity or occupancy is discontinued for a period of more than one year; or B. 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 which case any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Notwithstanding,the foregoing, any structure or use legally existing at the time of the adoption of an official control under this Chapter and which does not conform to the provisions of the Ordinance may be continued subject to the following: 2. No such structure or use shall be expanded, enlarged or intensified except in conformity with the provisions of this Chapter with consideration for variances Pequot Lakes Staff Report 8(a)-1 January 19,2012