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PLANNING REPORT DATE: June 16, 2017 CASE: PZC17-0001 SUBJECT: Zoning Code Amendment to Article 4, Chapter 8 Regarding Expansion of a Nonconforming Use APPLICANT: City of New Brighton REQUEST & BACKGROUND City staff is initiating an amendment to the City’s Zoning Code, Article 4 of Chapter 8, concerning nonconforming uses. The proposed amendment aims to clarify an existing interpretation that nonconforming uses cannot be expanded. While the current language of Article 4, Chapter 8 is clear that nonconforming uses, buildings and structures cannot be expanded, the proposed amendment aims to more clearly articulate what is included in a use expansion. The reason for this amendment arose out of a request for a Zoning Compliance letter for a legal, nonconforming trucking operation at 50 14th ST NW. This property recently changed ownership and the City wanted to clarify what is permitted of a nonconforming use. The drafting of this amendment was communicated to the entity who requested the Zoning Compliance letter. ATTACHMENTS A – Draft Ordinance FINDINGS Article 4, Chapter 8. Nonconforming Use AMENDMENT ANALYSIS A draft ordinance is attached, which outlines proposed language as underlined text. Anything not underlined is existing code. No existing language is proposed to be stricken. The intent of the proposed amendment is to clarify an existing interpretation, which is that nonconforming uses cannot be expanded. There has recently been discussion about what constitutes an expansion, thus the proposed amendment was recommended by the City Attorney. As noted in Section 8-410, a new paragraph four has been inserted, which defines what is meant by expansion or expanded. The intent is the ordinance not only addresses a physical expansion of a building, but other expanded operations of a nonconforming use. As noted in proposed paragraph four, expansions would include expanded hours of operation, traffic, parking, noise, exterior storage, lighting, types of goods or services offered, odor, area of property utilized, number of employees, etc. As one can image, the burden of proving these expansions have occurred could be difficult. However, staff finds that shouldn’t prevent the City from adopting this language, as it clarifies an existing interpretation and there are certain nonconforming properties where these expansions are evident and can be documented for the record. Further, State Statutes governing nonconforming uses support prohibiting an expansion and various court cases have been upheld when local ordinances define what constitutes an expansion.