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501492v1 SJS NE136-8 ORDINANCE NO. ___ STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON AN ORDINANCE AMENDING ARTICLE 4, CHAPTER 8 OF THE NEW BRIGHTON ZONING CODE REGARDING NONCONFORMING USES THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON ORDAINS as follows: Section 1. New Brighton Zoning Code, Chapter 8, Article 4 is amended by deleting the stricken language and adding the underlined language as follows: Article 4. Nonconforming Use Sec. 8-410. Nonconforming Use. (1) It is recognized that there are structures, uses of land, and combinations thereof that were lawfully established and that do not now comply with all applicable portions of the Zoning Code. (2) While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose and intent of this Chapter to discourage their survival. Such uses are hereby declared to be incompatible with the Zoning Code. It is further the purpose and intent of this Chapter to discourage the enlargement, expansion of, extension of any nonconforming uses or any increase of the impact of such nonconforming uses on adjoining premises. The elimination of nonconformities and/or the reduction of their impact on adjacent premises shall be encouraged. (3) It is further the purpose and intent to discourage the use of the provisions of this Chapter to expand structures beyond allowable zoning district density and floor area ratio requirements. The provisions of the Chapter shall not apply to signs. Signs shall be controlled by the provision of Chapter 9 of the Zoning Code. (4) For purposes of this Article, “expansion” or “expanded” shall be defined as increasing the intensity of the use based upon the original nature, function, or purpose of the nonconforming use. This includes, but is not limited to increasing the use’s hours of operation, amount of traffic being generated, the amount of parking on the property, the amount of noise being generated, the amount of exterior storage on the property, exterior lighting, the number of types of operations on the property, the types of goods or services being offered on the property, the amount of odor being generated, the area of operation on the property, the number of employees, the size of the structures on the property, and other factors deemed relevant by the City. Sec. 8-420. Types of Nonconforming Uses. There are four types of nonconforming uses. They are: