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y Y ~ . Ordinance 213 siructure, or portion thereof, constiTuting or containing E. Land Reclamation (continued) a non-conforming use, which has been declared unsafe In addition to the requiremenis set forih in this Or Planned Unit Development Permit, final plat (if any) by the 9uilding Inspector or other adminisirative of- dinance, land reclamation activiTies are sublect to the and general plan shall be deemed To be void, nullified ficer. requiremenis conTained in the Arden Hills Code of and revoked unless an exTension has been requested in C. Construction Approved antl Begun Prior to Ef- Ordinances and amendmenis ihereto. writing by the permittee and for good cause granted by lective Date F. Signs the City Council. To avoid hardship, nothing in ihis Ordinance shall be In addition to the requirements set forih in ihis Or- SECTION IX - BOARD OF APPEALS AND AD- deemedtorequireachange -iniheplans,construcTionor dinance, all signs are subiect to the requiremenTs JUSTMENT designated use of any building for which a building conTained in the Arden Hills Code of Ordinances and A. AppoinTment permit has been issued and the consiruction of which amendmenis thereto. A1 the first regular meeting o( the Council afTer the hasbegunpriortoTheeffectivedateofihisOrdinanceor G. Massage, Sauna, and Rap Parlors effective daTe of ihis Ordinance and ihereafTer at the any amendmenT hereto. In addition to the requiremenis set forih in ihis Or- first Council meeting in each calendar year, the Mayor D. prohibited ActiviTies; Non-Conforming Use dinance, all massage,sauna and rap parlors are subiect shall appoint a Board of Appeals and Adjustmenis. The No non-conforming use shal I be changed to a different to the requiremenis contained in the Arden Hills Code of Board shall consist of not more ihan five nor less ihan non-conforming use, enlarged, inTensified, increased, Ordinances and amendmenis thereto. Three residents of the City, and the Mayor shall appoinT extended to occupy a greater area of the lot on which or SECTION XII - ENFORCEMENT one of the members as its chairman. The appoinimenis building in which it is located, moved to any other pari 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. This Ordinance shall be adminisiered by the Ad- effective upon approval of the Council by a majority consiructed, reconsiructed, siruciurally aliered or minisiratorandenforcedbytheCityCouncilwhichmay vote of the entire Council. Vacancies during the remodeled (except as provided in the next paragraph institute in the name of the City any appropriate actions calendar year shall be filled by appoinTmenT of the hereof). or proceedings againsi a violaTOr as provided by iaw. Mayor with approval of the Council by a maiority vote E. Repairs, Maintenance and Interior Remodeling; 2. The adminisirator, appointed by the Council shall: of the entire Council. Non-Conforming Use a. Determine if applications comply wiTh the B. Organi=ation and Procedures Ordinary repairs, maintenance and interior requiremenis of this Ordinance. l. Establishment of Procedures remodeling noi involving siructural alteration of the b. Shall cause Building Inspector to conduct in- The Board may establish its own rules of procedure, building constituting or containing a non-conforming spections of buildings and the use of land to deTermine which shall not be inconsistent with or conirary to the use, are hereby permiTted. compliance with the requirements of ihis Ordinance. statutes of the State of Minnesota or the ordinances of F. Restoration; Non-Contorming Use c. MainTain current and permanenT records of ihis the City. A building or siructure constituting or containing a Ordinance,including but notlimited to,The zoning map, 2. Appoiniment of Additional Officers non-conforming use hereafter damaged or desiroyed by amendmenis, special use permits, variances, appeals The Board may appoint such furiher officers as it any cause may be restored if the fair markeT cost of and applications. deems necessary, including a Vice-Chairman and such restoration would be less ihan 4ifty percenT (50 d. Receive, file and forward all applications for ap- Secretary. perceni) of the fair market value of such building or Peals, variances, special use permits and amendmenTs 3. Voting siructure on the date immediately prior to the date on to the appropriate official bodies. Each member, including the Chairman, shall be which such damage or destruction 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 the 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 the findings and determinations exist for any reason for a one (1) year period, the periodically. made by it on all matters referred to it. building or siruciure constituting or containing ihe non- 2. The required fee is payable at the time of the filing 5. Hearings conforming use, or the land upon which the non. of the application with the Zoning Adminisirator. Ap- The Board may hold hearings as it deems necessary conforming use is being conducted, shall ihereafter be plications shall not be placed on the Planning Com- whenever it determines That adjoining property owners used in conformance with the regulations of ihis Or- mission's agenda unless the appropriate fee has been or oiher residents in the City should be advised of the dinance applicable to the zoning disTrict in which iT is paid; however, no fee shall be charged for discussion proceedings or given an opporTunity to appear located items. thereafter. H. AmortizaTion of Non-Conforming Use C. Violations and PenalTies C. Powers A building consiituting or containing a non- l- Any person, firm, corporation, or voluntary The Board shall have the following powers: conforming use shall be torn down and removed from associationwhichviolatesorrefusestocomplywiih any 1. Appeals the lot on which it is located, or canverTed to a con- of the 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 misaemeanor for each day of violation, and upon error in any order, requiremeni, decision, or deter amortization ihereof; in no case less ihan 5 years after conviction ihereot shall be subjed To a fine of not more mination made by an adminisirative officer in the notificaTion by the City Council. ihan five hundred dollars ($500.00) and-or im- application and-or enforcement of fhis Ordinance, anq prisonmeni noi to exceed nineTy (90) days. report its findings and deTermination to the Council for I. Prohibited Activities; Non-Conforming Building 2. In the event of a violation or a ihreatened violation iTS action. No non-conforming building shall be increased, of ihis Ordinance, the Council, in addition to other 2. Variances enlarged or altered in a way which au4ments its non- remedies, may institute appropriate actions or To hear requesis for variances from the IiTeral conformity. proceedingsto prevent, restrain, correct, or abate such J. Restoration; Non-Conforming Building violations or threatened violations and it shall be the provisions of ihis Ordinance in instances where iheir In the event a non-conforming building is hereafTer duty of the Attorney to insTitute such action. stricTeniorcemenTwouldcauseunduehardshipbecause , desiroyed by any cause, if shall noi be restored or SECTION XI11 - EFFECTUATION of r_ircumstances unique to the individual property , reconsiructed except in conformity wiih the applicable A. Separability under consideration, and to recommend the granting of requirements of This Ordinance. It is hereby declared to the inteniion ihat the several such variances only when it is demonsirated that such K. ConsTruction of Single Family Dwelling and Ac- provisions of ihis Ordinance are separable in ac- action will be in keeping with the spi~it and intent of ihis cessary Buildings on Non-Conforming Lot cordance with the following: Ordinance. A single family dwelling and cusTOmary accessory 1, If any court of competent jurisdiction shall adiudge 3. RePerrals buildin s, ma be erected in anY disirict in which single The Board shall consider such other matters as may g Y any provision of ihis Ordinance to be invalid, such be referred fo it by the Council, Planning Commission, family dwellings are permitied on any single lot of judgement shall not affecT any other provision of ihis Zoning AdminisTrator or as required by other or- recordaiYheeffectivedateofadoptionoforamendment Ordinancenotspecificallyincludedinsaidjudgement. d"fnances. to ihis Ordinance, provided That all other requiremenl5 2. If any court of competent iurisdiction shall adludge 4. Elfect of Determinatians are metforthe disirict in which it is located. invalid the application of any portion of ihis Ordinance Thefindings and determinationsof the Board shall be SECTION 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 the findings and In addition to the requiremenis set forih in this Or- provision to any oTher property, building or siructure recommendationsof the Board as itdeems proper in ihe dinance, mobile home parks are subject to the not specifically included in said iudgement. circumsiances. requirements contained in the Arden Hills Code of B. Ordinances Repealed SECTION X - NON-CONFORMING USES Ordinances and amendmenis ihereto. The following ordinances are hereby repealed: BUILDINGS AND LOTS B. Swimming Pools Ordinance No. 99, and all ordinances repealed A. Intent In addition Yo the requiremenis set forth in this Or- ihereby; ordinances 113, 123, 130, 136, 138, 739, 146, 148, A nomconforming use may be continued subject to the dinance, swimming pools are subiect to the 152, 173, 174, 188, 196, 197, 199, 201 & 202. provisions of this Seciion, but it is the intent of the Or- requiremenis contained in the Arden Hills Code of C. Ef(ecTive Date dinance not to encourage its survival because of its Ordinances and amendmenis ihereto. This Ordinance shall be effeciive from and after its incompatibility with permitTed uses in the zoning C. Mining adoplionbytheArdenHillsCityCouncilandpublicaTion disirict inwhich it is locaTed. A non-conforming building In addition to the requiremenis set forTh in ihis Or- in the New Brighton Bulletin. may continue to exist so tong as it is used for purposes dinance, mining acTivities are subject to the Adopted by the Arden Hills City Council ihis 281h day permitied in the zoning district in which it is located requiremenis contained in the 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 addition to the requiremenis set forih in ihis Or- Clerk AdminisTrator B. Unsafe Building or STructure dinance, soil processing activities are subject to the Henry J. Crepeau, Jr. Nothing in this Ordinance shall be deemed to prevent requirements contained in the Arden Hills Code of Mayor the resforation to a safe condition of any building or prdinances and amendmenis ihereto. (Bulletin: March 6, 1980) Page Ten