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HomeMy WebLinkAbout94-1997 - ADMIN Ordinance - City Council - 1994/05/23ORDINANCE NO. AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY ADDING SECTION 448-5A 14:8-6 AND RENUMBERING CURRENT 14:8-6 AS 14:8-7 1 997 J 4 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission Case No. 93-36-ZA Sec. 2. The St. Louis Park Ordinance Code, Section 14:&5:414:8-6 is hereby added to read as follows: Sec. A Purpose The purpose of this section is to continue certain special permits issued under provisions of the previous Zoning Ordinance and to set forth procedures bywhich a special permit may be terminated or converted to a Conditional Use Permit andbywhich property affected by such special permits may be altered. Sec. B Definitions The following terms have the meanings shown when used in the context of this Section. Certificate of Zoning Compliance - A certificate issued by the St. Louis Park Zoning Administrator to the owner of a property covered by a continued special permit certifying that the property is in compliance with all provisions of the continued special permit. Continued Special Permit - A special permit continued in effect pursuant to provisions of this Section. Current Zoning Ordinance - City ordinance number 92-1902 adopted December 7, 1992 which became effective on December 31, 1992 Previous Zoning Ordinance - City ordinance number 730 adopted December 28, 1959 and all subsequent amendments thereto which was in effect on December 30, 1992. Property - The legally described parcel of land, governed by a special permit, including but not limited to structures, parking lots, landscaping, lighting, signs and all other physical elements on the site and the use, operation and functioning of these elements. Special Permit - A land use approval issued by resolution of the City Council under provision of the previous Zoning Ordinance. Sec. C Certain Special Permits Continued Land uses permitted by special permits under provisions of the previous Zoning Ordinance are either permitted, permitted with conditions, conditional uses or non -conforming uses under the provisions of this ordinance This section establishes the status of special permits approved under the previous ordinance based upon the four categories described above and sets forth procedures for the termination and, in some cases conversion, of special permits. 1. Special Permit Uses Now Permitted Special permits issued for land uses which, under the current zoning ordinance, are now permitted uses in the zoning district in which the property is located are hereby continued in full force and effect. The owner of property subject to a continued special permit may request termination of the special permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written termination to the applicant which shall be recorded on the title to the property by the City. The owner of the property shall sign an assent form provided by the City wherein the owner agrees to indemnify and hold harmless the City for any actions or consequences arising from termination of the special permit. Upon termination of the special permit, the land use shall be governed by the regulations of this ordinance, and other applicable ordinances. Once a special permit is declared terminated, it may not be reinstated. 2. Special Permit Uses Now Permitted With Conditions Special permits issued for land uses which, under the current zoning ordinance, now permitted uses with conditions in the zoning district in which the property is located are hereby continued in full force and effect. The owner of property subject to a continued special permit may request termination of the special permit by providing the City with a letter requesting termination. Upon receipt of a letter requesting termination, the City shall issue a written termination to the applicant which shall be recorded on the title to the property by the City. The owner of the property shall sign an assent form provided by the City wherein the owner agrees to indemnify and hold harmless the City for any actions or consequences arising from termination of the special permit. Upon termination of the special permit, the land use shall be governed by the regulations of this ordinance, and other applicable ordinances. Once a special permit is declared terminated, it may not be reinstated. 3. Special Permit Uses Now Conditional Uses Special permits issued for land uses which, under the current zoning ordinance, are now conditional uses in the zoning district in which the property is located are hereby continued in full force and effect. The holder of a continued special permit may request the City to verify compliance of the property with the terms and conditions of the continued special permit. A holder of a special permit requesting such verification shall submit such plans and other documentation necessary to demonstrate to the Zoning Administrator that the property complies with the terms and conditions of the continued special permit. Upon a satisfactory demonstration of compliance with the conditions of the continued special permit the Zoning Administrator shall issue a Certificate of Zoning Compliance stating that the property complies with the terms and conditions of the continued special permit. The Certificate of Zoning Compliance shall be recorded on the title of the subject property by the City. 1 ©Age /917-94 The holder of a continued special permit may request the City to convert the special permit to a conditional use permit under the terms of this ordinance, provided the property meets all conditions and requirements of this ordinance and other applicable City ordinances. The procedure for converting a continued special permit to a conditional use permit shall be the same as that procedure required for adoption of a conditional use permit as specified in Section 14:8-3.2 of this ordinance - 4. Special Permit Uses Now Non -Conforming Uses A land use which was permitted by special permit and which became a non- conforming land use in the district in which it is located when this ordinance was adopted on December 31, 1992, shall be a legal non -conforming use subject to the provision of Section 14:7-1.0 of this ordinance, and the special permit authorizing the land use is now null and void. Sec. D General Conditions for Continued Special Permit Uses All land uses subject to a continued special permit are subject to the general conditions set forth in this section. 1. Any property covered by a continued special permit shall comply with all provisions of the special permit which were in effect on December 31, 1992. In the event it is subsequently determined that a property is not in compliance with the provisions of the continued special permit, the holder of the continued special ' permit shall take whatever actions are necessary to bring the property into compliance with the conditions and provisions set forth in the special permit. Failure to bring the special permit into compliance within twelve months of written notification of non=compliance by the City shall be grounds for termination of the continued special permit. The procedure to be followed in terminating the special permit shall be that specified in Section 14:8-3.1(E) of this Ordinance Upon termination of the continued special permit, the use shall be subject to the provisions of Section 14:7-1.0 of this ordinance and all other applicable provisions of this Ordinance, including the regulations for the District in which the use is located. 2. The property shall comply with all provisions of this ordinance which require compliance with certain provisions by a date certain, including the dates listed in Sections 14:6-2.8(G), 14:6-4.11(A), 14:7-4(F) and 14:7-4(H). 3. If the property is damaged or destroyed and the cost to repair such damage or destruction exceeds sixty (60) percent of the assessor's market value of the structure at the time of the damage, the property shall be brought into compliance with this Ordinance. 4. Property covered by a continued special permit may be expanded, altered or modified, subject to all of the following: - a. The expansion, alteration or modification shall comply in all respects with applicable provisions of this ordinance, and such expansion or addition shall not result in an increase or intensification of any existing non -conformities. 694.•i2/197-9 4 b. Any non -conformities existing on the site shall be brought into greater or complete compliance with other provisions of this ordinance to the extent reasonable and possible, except that greater or complete compliance will not be required with the following provisions of this ordinance: (1) lot area (2) lot width (3) required yards (4) building height (5) floor area ratio (6) ground floor area ratio (7) density (8) usable open space Sec. 3. The contents of Planning Case File 93-36-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council May 23, 1994 G) A'T'TEST: Revie ed for administration: ity ' . s ager 93-36-ZA:ORD7 or Approved as to form and execution: City Attorney