2010-06-08 Handout @ Meeting - Laserfiche WebLink

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r residential and other mixed uses." The permitted uses in this district include traditional downtown core issues to reinforce the plan including retail, professional offices, multiple residences, etc. Traditional single family is no longer a permitted use. These decisions regarding land use and zoning are based on long range redevelopment plans. The changes called for in these plans often take years, especially considering the market conditions we are currently in. However, in light of these challenges it is important, if the City desires to see change in this area, to maintain this land use and zoning. The affect of these decisions converts the existing residential uses and structures to a legal nonconforming status. A legal nonconforming use and structure may be continued however the current ordinance limits any improvements to only normal maintenance of a structure including necessary nonstructural repairs and incidental alternations, which do not extend or intensify the nonconforming use. This limitation may inhibit an existing owner from adding a small room addition, garage addition or other expansion that provides the owner more livability prior to redevelopment. In order to maintain the long range vision for the area it is important the city keep the underlying land use and zoning, however, the City may consider an amendment to the nonconforming section that adds flexibility to existing property owners for building additions that are in conformance with the previous R2 zoning. The current ordinance contains some flexibility already in that construction of one detached accessory building, not exceeding 200 sq ft will be considered an incidental alternation to a legal non - conforming use. Also, construction an uncovered deck or porch, not exceeding 100 sq ft, fences and construction of above ground pools up to 15 feet in diameter shall be considered incidental alterations. State statue does allow expansion of a nonconformity provided it's allowed by ordinance. The City may do this through a site plan review permit approval process and can limit the amount of building addition in terms of additional building or by limits of the R -2 zoning. New ordinance text could be inserted into the City's nonconforming section as follows: (A) Nonconforming structures may not be enlarged or altered in a way that increases their nonconformity unless in compliance with the following: 1. Expansion or alteration of a structure found to be nonconforming might be permitted, provided the expansion complies with the requirements of the R -2 zoning district (including setbacks) and the additional area does not exceed 25% of the total square footage of the original structure as existing on May 23, 2006. [City Council can consider most appropriate percent limitation or remove this limit and simply rely on R -2 requirements] 2. Additions to detached single - family dwellings not meeting the required side yard setback, but not less than six (6) feet from the side lot line, may have an addition at the existing side yard setback. Page 3 of 4