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h. A pre-existing nonconforming residential stmcture used solely for a residential purpose may be enlarged provided the number of dwelling units is not increased and the expansion does not encroach closer to the property line than the setbacks of the City Code. The lot coverage area of the impervious surfaces on the lot may not be increased to more than thirty percent (30%) or twenty-five percent (25%) in lakeshore districts, and compliance with all other development standards of the Zoning Code must be followed. If any pre-existing nonconfOlming stmcture is damaged by fire, flood, explosion or other casualty than no more than 50% of its production cost, may be reconstmcted and used as before if such reconstmction is completed within six (6) months of the casualty. However, every effort shall be made to make the stmcture comply with the City Code requirements. For damage which is more than 50% of production cost, major reconstmction must be in accordance with the requirements of the Zoning District. "Production cost" is determined by the City Council. This major reconstmction must be undertaken within six months of such casualty and completed within one year. In addition, a major restoration of the stmcture cannot have greater encroachment, lot coverage or square footage than before such casualty. Definitions: "Substantially More Detrimental" for pre-existing, nonconforming uses Expansions and changes of use of pre-existing nonconforming stmctures that do not comply with current zoning or district can alter the character and property values of an established development or neighborhood as well as future redevelopments in the area. Under state law, the City Council, acting as the Board of Adjustment and Appeals, has little guidance to determine when a proposed expansion, reconstmction, or change of use is substantially more detrimental to the surrounding area (present and future planned). The City project review criteria for consideration in these "expansion or change" cases, includes criteria regarding lot coverage; building mass; hours of usage; reduction in traffic, noise, light, and hazardous materials storage, life safety improvements, and other issues of concern. One effect of this type of regulation is that, while there is an "expansion or change", overall the new use(s) or stmcture(s) will come closer to being a conforming use in the zoning district. Nonconforming Parcels or Subdivisions If any lot of record does not meet the minimum lot size and frontage requirements as established within the Roseville City Code and that lot existed at the effective date of adoption of the Code (I 959), and the lot meets at least seventy percent (70%) of each dimensional requirement of the current Code, the owner may develop that lot in conformance with the current setback and lot coverage standards. The lot must be developed in conformance with all other requirements of the Code. If the lot cannot be developed under the existing standards or if the previous standards cannot be determined, a variance will be required from the City Council (Board of Zoning Appeals). PF3359 - RPCA(080702) Page 7 of 8