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Home My WebLink About1024 Ord (nonconforming lots and structures) ORDINANCE 1024 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds it necessary to provide relief to property owners with nonconforming lots and nonconforming structures. 2. Amending. City Code Chapter 31, Section 31 -101. Definitions are amended by adding the following definition for "Legal Non - Conforming Lots of Record ": 91.5 Legal Non - Conforming Lot of Record means a parcel of land that has been of record in the Washington County Recorder's Office prior to January 1, 1963 and that has had no property line modifications since that date. 3. Amending. City Code Chapter 31, Section 31 -102. Application of regulations is amended by adding the following subsection (g) and (h) related to "Existing nonconforming lots of record" and "Existing nonconforming structures ": (g) Existing nonconforming lots of record. In any district where residential uses are permitted, structures may be erected on any legal non - conforming lot of record, irrespective of its area, width or depth, provided that: 1) the owner of the lot does not own any adjoining property; and 2) only one dwelling unit shall be allowed unless the lot meets the minimum lot area requirements of the zoning district for additional dwelling units; and 3) all other development standards for the zoning district are met. If the owner of the nonconforming lot also owns adjoining property, the subject nonconforming lot must be combined with the adjoining property prior to receiving a building permit for construction of a structure. If two or more platted lots, in which at least one of the lots is nonconforming individually, were previously combined for tax purposes they cannot be uncombined and be considered buildable for purposes of this section. This subsection shall not apply to lots that fail to meet an area, width or depth requirement of Chapter 31, Article IV, "Overlay Zoning Districts and Regulations" or Chapter 31, Article V, Division 4, "Conservation Regulations — All Districts ". (h) Existing nonconforming structures. In any district where residential uses are permitted, additions to an existing structure (primary or accessory) may be erected on any such structure for which a building permit was issued on or prior to December 31, 1962, irrespective of existing nonconformities that may exist for the structure, provided that 1) the owner of the lot does not own any adjoining property; and 2) the proposed addition itself meets all setback and development standards for the zoning district. If the owner of the lot also owns an adjoining parcel, prior to constructing the desired addition, that parcel must be combined with the Ordinance No. 1024 Page2of2 district. If the owner of the lot also owns an adjoining parcel, prior to constructing the desired addition, that parcel must be combined with the parcel upon which the subject nonconforming structure is sited, if that property combination would make the structure conforming or lessen its nonconformity. If such a property combination is irrelevant to the nonconformity, then the combination is not required prior to erecting the addition. As an example, if a structure has a nonconforming side property line setback, and the owner of the lot owns the adjoining property adjacent to the subject side property line, then the properties must be combined prior to construction of the addition. If however, the adjacent property is on the opposite side of the structure, combination of the two parcels would not improve the nonconforming side setback and therefore the parcels would not have to be combined. 4. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 5. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 7th day of December, 2010. CITY OF STILLWAT ., 'I/ Ken. Orcki, Mayor TEST: cam \-, Diane F.Ward, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of Stillwater Stillwater Gazette • December 10, 2010 Julie Athey, ORDINANCE 1024 being duly sworn on oath, says: that she is, AN ORDINANCE AMENDING THE STILLWATER CITY CODE and during all times herein states has been, CHAPTER 31, ENTITLED ZONING ORDINANCE Clerk of Sun Newspapers THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Publisher of the newspaper known as the t. Purpose. The City of Stillwater finds it necessary to provide relief to Stillwater Gazette, a newspaper of property owners with nonconforming lots and nonconforming strut- general circulation within the City of tures. Stillwater and the County of Washington. 2. Ong. City Code Chapter 31, Section 31 -101. Definitions are amended by adding the following definition for "Legal Non - Conforming Lots of Record": That the notice hereto attached was cut from 91.5 Legal Non- Conforming Lot of Record means a parcel of land the columns of said newspaper and was that has been of record in the Washington County Recorder's printed and published therein on the Office prior to January 1, 1963 and that has had no property line modifications since that date. following date(s): 3. Amending. City Code Chapter 31, Section 31 -102. Application of regulations is amended by adding the following subsection (g) and (h) related to "Existing nonconforming lots of record" and "Existing 10 nonconforming structures ": of December 2010 (g) Existing nonconforming lots of record. In any district where Newspaper Ref. /Ad #1027622 residential uses are permitted, structures may be erected on any legal non-conforming lot of that J " its /) "k area, width or depth, provided that: l) ) the owner of f the lot r does not own any adjoining property; and 2) only one dwelling L ' unit shall be allowed unless the lot meets the minimum lot area requirements of the zoning district for additional dwelling 1, units; and 3) all other development standards for the zoning district are met. If the owner of the nonconforming rot also` Subscribed and sworn to before me this owns adjoining property, the subject nonconforming lot must be combined with the adjoining property prior to receiving a 10 day of December 2010 building permit for construction of a structure. If two or more platted lots, in which at least one of the lots is nonconforming individually, were previously combined for tax purposes they Mark Berriman cannot be uncombined and be considered buildable for pur- poses of this section. This subsection depth shall not apply to ktils � that fail to meet et an an area, width or depth requirement of Chapter 31, Article IV, "Overlay Zoning Districts and Regulations" or Chapter 31, Article V, Division 4, NOTARY PUBLIC "Conservation Regulations — All Districts ". (h) Existing nonconforming structures. In any district where resi- Washington County, Minnesota dential uses are permitted, additions to an existing structure (primary or accessory) may be erected on any such structure for which a building permit was issued on or prior to December My commission expires January 31, 2011 31, 1962, irrespective of existing nonconforrnities that may exist for the structure, provided that 1) the owner of the lot does not own any adjoining property; and 2) the proposed addition itself meets all setback and development standards for the zoning district. If the owner of the lot also owns an adjoining parcel', prior to constructing the desired addition, that parcet must be combined with the parcel upon which the subject noncordrm- ing structure is sited, if that property combination would make the structure conforming or lessen its nonconformity. if such a 4Nlir BAR EDWARD B ERRIMAN: property combination is irrelevant to the nonconformity, then iir the combination is not required prior to erecting the addttian. � ` } NOTARY P U B L I C ■ As an example, if a structure has a nonconforming side proper- . • • MINNESOTA ty line setback, and the owner of the lot owns the Y• My C ,nnmitsl3r Explres Jan. 3i, 20? n property adjacent to the subject side property line, then the _._ properties must be combined prior to constrUctiOn of the a d tion. If however, the adjacent property is the Opposite side of the structure, combination of the two parcels would not improve the nonconforming side setback and therefore the parcels would not have to be combined. 4. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect, 5. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of St 'Pitt day of — December, 2010. CITY OF `STILLWATER /s/ Ken Harycki Ken Harycki, Mayor ATTEST: < Diane F. Ward Diane F. Ward, City Chrk (Dec. 10, 2010) City of Stillwater, _ Ordnance 1024