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~ .~R' • Ordinance 213 sTructure, or portion thereot, constituting or containing E. Land Reclamation (continued) a non-conforming use, which has been declared unsafe In addition to ihe requiremenis set forih in this Or- Planned Unit Development Permit, final plat (if any) by ihe Building Inspector or other adminisTrative of- dinance, land reclamaTion activities are subject To ihe and general plan shall be deemed to be void, nullified ficer. requiremenis contained in ihe Arden Hills Code of and revoked unless an extension has been requested in C. Construction Approved and Begun Prior to Ef- Ordinances and amendments thereto. writing by ihe permittee and for good cause granted by lective Date F. Signs the CiTy Council. To avoid hardship, nothing in this Ordinance shall be In addition to ihe requiremenis set forih in ihis Or- SECTION IX - BOARD OF APPEALS AND AD- deemedlorequireachangeinTheplans,consirucTionor dinance, all signs are subject to ihe requiremenis JUS7MENT designated use of any building for which a building coniained in ihe Arden Hills Code of Ordinances and A. Appoiniment permit has been issued and ihe consiruction of which amendmenis ihereto. At ihe first regular meeTing of ihe Council after the hasbegunpriortotheetfectivedateofihisOrdinanceor G. Massage, Sauna, and Rap Parlors effective daTe of ihis Ordinance and ihereafter at ihe any amendmenf hereto. In addition to ihe requiremenis set forih in this Or- first Council meeting in each calendar year, ihe Mayor D. Prohibited AcTivities; Non-Conforming Use dinance, all massage, sauna and rap parlors are sublecT shall appoinT a Board of Appeals and AdiusTments. The No non-conforming use shal I be changed to a different to the requiremenis contained in ihe Arden Hills Code of Board shall consist of not more ihan five nor less than non-conforming use, enlarged, intensified, increased, Ordinances and amendmenis ihereto. ihree residenis of ihe City, and ihe Mayor shall appoinT extended to occupy a greater area of The lot on which or SECTION XI I- ENFORCEMENT one of ihe members as its chairman. The appoinTmenis building in which it is located, moved to any oTher part A. Enforcing Officer shall be submitted To The Council and shall become of the lot on which or building in which it is located, 1. 7his Ordinance shall be adminisTered by ihe Ad- effeciive upon approval of the Council by a majority - constructed, reconsiructed, siructurally altered or ministrator and enforced bythe City Council which may vote of ihe entire Council. Vacancies during ihe remodeled (except as provided in ihe next paragraph insTitute inihe name of The City any appropriate actions calendar year shall be filled by appoinimenT of ihe hereof). or proceedings against a violator as provided by law. Mayor with approval of the Council by a malority voTe E. Repairs, Maintenance and Interior Remodeling; 2• The adminisirator, appoinied by ihe Council shall: of ihe entire Council. Non-Conforming Use a. Determine if applications comply wifh the B. Organization and Procedures Ordinary repairs, maintenance and interior requiremenis of ihis Ordinance. 1. EstablishmenT of Procedures remodeling not involving structural alieration of ihe b. Shall cause Building Inspector fo conduct in- The Board may establish iis own rules of procedure, building constiTUting or containing a non-conforming speciions of buildings and ihe use of land to determine which shall not be inconsistent with or conirary to The use, are hereby permitTed. compliance with ihe requiremenTS of ihis Ordinance. staTUTes of the State of Minnesota or the ordinances of F. Restoration; Non-Coaforming Use c. Maintain current and permanent records of this fhe City. A building or siructure constituting or containing a Ortlinance,including but notlimited to,ihe zoning map, 2. Appoiniment of Additional Officers non-conforming use hereafter damaged or destroyed by amendmenis, special use permits, variances, appeals The Board may appoint such furiher officers as it any cause may be resTored if ihe fair market cost of and applications. deems necessary, including a Vice-Chairman and such restoration would be less ihan fifty percenT (50 d. Receive, file and fonvard all applications for ap- Secretary. percent) of ihe fair markei value of such building or Peals, variances, special use permiis and amendmenis 3. Voting siruciure on ihe daTe immediately prior to ihe date on To ihe appropriate official bodies. Each member, including the Chairman, shall be which such damage or desiruction occurred as deTer- B. Fees entitled to vote on all questions. mined by the Building Inspector. 1. The fees for the various applications of ihis Or- 4. Records G. Discontinuance of Non-Conforming Use dinance shall be established by ihe City Council. Such The Board shall keep written records of its minutes, If a non-conforming use is discontinued or ceases to fees may be reviewed and revised by the Council its proceedings, and ihe findings and determinations exisl for any reason for a one (1) year period, ihe Periodically. made by it on all maTters referred to it. building or siructure constituting or containing ihe non- 2. The required fee is payable at the time of ihe filing 5. Hearings conforming use, or the land upon which the non- of ihe application with ihe Zoning Administra*or. Ap- The Board may hold hearings as it deems necessary conforming use is being conducted, shall ihereafter be Plications shall not be placed on ihe Planning Com- wheneverit determinesihat adjoining property owners used in conformance wiTh ihe regulations of this Or- mission's agenda unless ihe appropriate fee has been or other residenis in ihe CiTy should be advised of ihe dinance applicable to Yhe zoning district in which it is paid; however, no fee shall be charged for discussion proceedings or given an opportunity to appear located items. fhereafier. H. AmorTization of Non-Conforming Use C. Violatians and Penalties C. Powers A building consiituting or containing a non- 1. Any person, firm, corporation, or voluntary The Board shall have The following powers: conforming use shall be torn down and removed from association which violaTesor refuses to comply wiTh any 1. Appeals the lot on which it is located, or converted to a con- of ihe provisions of ihis Ordinance shall be guilty of a To hear appeals where it is alleged That there is an forming use, by the end of a reasonable period of misdemeanor for each day of violation, and upon error in any order, requirement, decision, or deter- amortization ihereof; in no case less than 5 years after conviction ihereof shall be subject To a fine of not more mination made by an administraTive officer in ihe notification by ihe City Council. than five hundred dollars ($500.00) and-or im- application and-or en(orcement of ihis Ordinance, and prisonmenT noT to exceed ninety (90) days. report its findings and determination to the Council for f. Prohibited Activities; Non-Conforming Building 2. In ihe event of a violation or a Threatened violation its aciion. No nomconforming building shall be increased, of this Ordinance, ihe Council, in addition fo other 2. Variances enlarged or altered in a way which augmenis its non- remedies, may insTifuTe appropriate actions or To hear requesis for variances from ihe literal conformity. proceedingsTO prevent,resirain,correct,or abate such J. ResTOration; Non-Conforming Building violations or ihreatened violations and it shall be ihe provisions of ihis Ordinance in instances where iheir In The event a non-conforming building is hereafTer duty of ihe Attorney to institute such action. siricten;orcemenTwouldcauseunduehardshipbecause desfroyed by any cause, it shall not be restored or SECTION XI11 - EFFECTUATION of rircumstances unique to ihe individual property reconsiructed excepT in conformity with ihe applicable A. Separability under consideration, and to recommend ihe granting of such variances only when it is demonstrated That such requiremenis of ihis Ordinance. It is hereby declared to ihe intention ihaT The several action will be in keeping with ihe spiriT and intent of ihis K. ConsTrucTion of SingleFamily Dwelling and Ac- provisions of this Ordinance are separable in ac- Ordinance. cessory Buildings on Non-Conforming LoT cordance with ihe following: 3. Referrals A singfe family dwelling and customary accessory 1. If any court of competent jurisdiction shall adjud9e The Board shall consider such other matters as may buildings, may be erected in any disirici in which single any provision of ihis Ordinance to be invalid, such be referred To it by The Council, Planning Commission, family dwellings are permitted on any single lot of judgement shall not affeci any other provision of This Zoning Administrator or as required by other or- recordatTheeffectivedateofadoptionoforamendment Ordinancenoispecifically included insaid juiigement. dinances. to this Ordinance, provided Thai al I other requiremenis 2. If any couri of competent jurisdiction shall adjudge 4. Effect of DeTerminations are met for ihe disTrict inwhich iT is located. invalid ihe application of any porTion of ihis Ordinance Thefindings and determinationsof ihe Board shall be SECTlON XI - SPECIAL PROVISiONS To a particular property, building, or other siructure, advisory only and shall have no binding effect. The A. Mobile Home Parks such judgemenT shall not affect the application of said Council may take such action on ihe findings and In addition to ihe requiremenTS set Forih in ihis Or- provision to any other property, building or sTruciure recommendationsof ihe Board as itdeems proper in ihe dinance, mobile home parks are subject to ihe noT specifically included in said iudgement. circumstances. requiremenis contained in ihe Arden Hills Code of B. erdinance,; Repealed SECTION X - NON-CONFORMING U3E5 Ordinances and amendments ihereto. 7he following ordinances are hereby repealed: BUILDINGS AND LOTS B. Swimming Poals Ordinance No. 99, and all ordinances repealed A. Intent In addition to ihe requirements set forth in ihis Or- ihereby; ordinances 113, 123, 130, 136, 738, 139, 146, 148, A non-conforming use may be continued subject to ihe dinance, swimming pools are subject to the 752, 173, 174, 188, 196, 197, 199, 201 & 202. provisions of ihis Section, but it is ihe inTent of ihe Or- requiremenis cortained in ihe Arden Hills Code af C. Effective Date dinance not to encourage its survival because of its ordinances and amendmenis ihereto. This Ordinance shall be effective from and after its incompatibility with permitted uses in ihe zoning C.Mining adoptionbyTheArdenHillsCityCounciiandpublication district inwhich it is locaTed. A non-conforming building In addition To ihe requiremenis sei forih in this Or- in ihe New Brighton Bulletin. may continue to exist so long as it is used for purposes dinance, mining activifies are subject to the Adopted by ihe Arden Hills City Council ihis 28ih day permitted in The zoning disirict in which it is locatetl requiremenis contained in ihe Arden Hills Code of of February, 1980. because iTS incompaTibility is merely technical in Ordinances and amendmenis ihereto. Attest: D. Soil Processing Charlotte McNiesh nature. In addi4ion to ihe requiremenTS se4 forth in ihis Or- Clerk Adminisirator B. Unsafe Building or Structure dinance, soil processing acfivities are subject to the Henry J. Crepeau, Jr. Nothing in this Ordinance shall be deemed To prevent requiremenis contained in the Arden Hills Code of Mayor the resToratipn to a safe condition of any building or Ordinances and amendmenTS ihereto. (Bulletin: March 6, 1980) Page Ten