HomeMy WebLinkAbout1197 Ord (Chapter 31, Sec 31-216 Regarding Lawful Nonconformng Uses & Structures)City of Stillwater
Washington County, Minnesota
ORDINANCE NO. 1197
AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-216 REGARDING
LAWFUL NONCONFORMING USES AND STRUCTURES
The City Council of the City of Stillwater does ordain:
SECTION 1 AMENDMENT. Chapter 31, Article II, Division 4, Section 31-216 of the
City Code, Nonconforming uses or structures, is hereby amended as follows:
Sec. 31-216. Nonconforming uses or structures.
Any nonconformity, including the lawful use or occupancy of land, buildings, structures, or premises
existing at the time of the adoption of an additional control under this Chapter 31, may be continued
(including through repair, replacement, restoration, maintenance, or improvement, but not including
expansion) unless:
(a) Discontinuance. The nonconformity or occupancy is discontinued for a period of more than
one year; or
(b) Destruction. Any nonconforming use destroyed by fire or other peril to the extent of greater
than 50 percent of its estimated 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 adjacent property.
(c) Following the expiration of the discontinuance or destruction in subsections (a) or (b), any
subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
(d) The enlargement of a structure is not considered an expansion of the nonconformity as long
as it does not expand, increase, enlarge or make the extent of the nonconformity more
severe.
(e) Flood Plain and Shoreland Substandard Structures in Lower St. Croix National Scenic
Riverway. Notwithstanding this Section 31-216, as amended, substandard structures located
in the Lower St. Croix National Scenic Riverway and the continuation and improvement of
those structures will continue to be regulated by Minnesota Rules parts 6105.0351 to
6105.0550 and the regulations of the City Flood Plain and Shoreland regulations adopted
pursuant to those Rules, including Section 31-400, Subd. 11 (Non -conforming uses in the
Floodplain overlay district) and Section 31-402, Subd. 8 and 9 (Substandard lots and
structures in Shoreland Management overlay district).
SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance allows for the expansion of a lawful nonconforming structure as long as it
does not make the nonconformity more severe. It also amends the existing language to
be consistent with state statute in regards to timelines and removes language pertaining
to standards that are no longer applicable.
SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Adopted by the City Council of the City of Stillwater this 3rd day of January, 2023.
Beth Wolf, City CI
CITY OFar WATER •
Ted Kozlowski, Mayor
2
CITY OF STILLWATER ORDINANCE NO. 1197
AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-216 REGARDING LAWFUL NONCONFORMNG USES AND STRUCTURES
The City Council of the City of Stillwater does ordain: The ordinance
allows for the expansion of a lawful nonconforming structure as long as it
does not make the nonconformity more severe. It also amends the existing
language to be consistent with state statute in regards to timelines and
removes language pertaining to standards that are no longer applicable.
Approved this 3rd day of January, 2023. Do not hesitate to contact the
City Clerk’s Office (651) 430-8802 if you have any questions or need further
information.
Signed: Beth Wolf, City Clerk
Published in the
Stillwater Gazette
January 6, 2023
1284712