HomeMy WebLinkAbout2005-11 10-24 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 24 day of October, 2005, at 7
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance relating to rental housing and to non conforming uses.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO. 2005 -11
AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON-
CONFORMING USES; AMENDING CITY CODE SECTIONS 12 -901, 12 -902,
AND 35 -111
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 12 -902 of the Brooklyn Center City Code of Ordinances is amended
as follows:
Section 12 -902. LICENSE FEES. License fees, as set forth by City Council resolution,
shall be due 90 days prior to the license expiration date; in the cases of new unlicensed
dwellings, license fees shall be due upon issuance of the certificate of occupancy.
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license shall be charged operators of rental dwellings. Once issued, a license is nontransferable
and the licensee shall not be entitled to a refund of any license fee upon revocation or
suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly,
upon proof of transfer of legal control or ownership. If an applicant withdraws an application
prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and
any other costs and expenses incurred by the City in connection with receiving and processing
the application.
A fee, as set by City Council resolution, shall be charged for all reinspections necessary
after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal
for the property, in the case of rental housing and at the time of recertification of occupancy for
nonresidential properties.
Section 2. Section 35 -111 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Section 35 -111. NONCONFORMING USES. Unless specifically provided otherwise
herein, the lawful use of any land or building existing at the time of adoption of this ordinance
may be continued even if such use does not conform to the regulations of this ordinance,
provided:
ORDINANCE NO. 2005 -11
1. No such nonconforming use of land shall be enlarged or increased or occupy a
greater area of land than that occupied by such use at the time of the adoption of
this ordinance.
2. Such nonconforming use shall not be moved to any other part of the parcel of land
upon which the same was conducted at the time of the adoption of this ordinance.
3. A nonconforming use of a building existing at the time of adoption of this
ordinance may be extended throughout the building provided no structural
alterations except those required by ordinance, law, or other regulation are made
therein, and provided that no such extension in the floodway overlay zone shall
result in increased flood damage potential.
Excepted from the structural alteration limitation are single family dwellings,
located in residential districts other than R1 and R2, provided any structural
alterations or additions shall conform with the requirements of the R1 and R2
district, and the Flood Plain regulations as applicable.
4. If a nonconforming use occupies a building and ceases for a continuous period of
two years, any subsequent use of said building shall be in conformity to the use
regulation specified by this ordinance for the district in which such building is
located.
5. Any nonconforming use shall not be continued following 50% destruction of the
building in which it was conducted by flood, fire, wind, earthquake, or explosion,
according to the estimate of the Building Inspector, approved by the City Council,
unless application for a building permit is made within 180 days of when the
property is damaged. If a building permit is applied for, the City may impose
reasonable conditions upon the building permit in order to mitigate any newly
created impact on adjacent property.
6. Upon the effective date of this ordinance, where there is a nonconforming use of
land on a parcel with no structure or where three is a nonconforming use of land
(such as storage of equipment and supplies), on which there is a conforming
structure such use shall be terminated within two years following the effective
date of this ordinance.
ORDINANCE NO. 2005 -11
Section 3. This Ordinance shall become effective after adoption and upon thirty (30)
days following its legal publication.
Adopted this 24th day of October, 2005.
ATTEST:
iyikZeyL
City Clerk
Date of Publication November 3, 2005
Effective Date December 3, 2005
(Strikeout indicates matter to be deleted, underline indicates new matter.)