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HomeMy WebLinkAboutOrdinance 896ORDINANCE NO. 896 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO REGULATION OF RESIDENTIAL STRUCTURES IN COMMERCIAL ZONE The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows: "9.403 (11) No structure within any commercial zone used for dwelling purposes at the time of passage of this Ordinance or thereafter may be converted to or used for any purpose other than as a dwelling without an alteration permit granted by the City Council pursuant to this section. Applications for alteration permits shall be treated procedurally in the same manner as an application for site plan approval; provided, however, that the Board of Appeals and Adjustments shall recommend approval or disapproval of the alteration plan, and the City Council shall finally approve or disapprove the alteration plan. In addition to providing all the information required when applying for site plan approval, an applicant shall submit a proposed depiction of the st'ructure and site after completion of the proposed alteration. Additionally, an applicant for an alteration permit may be required before approval thereof to submit such plans as would ordinarily be required for issuance of a building permit. In recommending approval of the site plan, the Board of Appeals and Adjustments must make the following findings: (a) All structures, the site and the use of the site will conform to the district requirements for the use proposed after completion of the alteration in all respects under this Chapter. Upon completion of the alteration, the alteration must meet the prevailing zoning, building, fire and safety codes required for new construction under this Code. (b) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both residential, the proposed alteration must maintain the residential character of the site and the exterior of the structure proposed to be altered, or (c) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both commercial or if one use is residential and the other commercial, the proposed alteration must totally destroy the residential character of the site and the exterior of the structure proposed to be altered. In determining which of subsections 9.403(11)A or 9.403(11)B apply, the property use adjacent but across intervening streets or alleys shall govern, and parks, schools, churches, and City properties shall be considered residential uses. Section 2: In making the determination of whether or not the proposed alteration will destroy or maintain the residential character of the site and structure to be altered, the City Council or the Board of Appeals and Adjustments, with the consent of the City Council, may employ architects and other experts to provide reports or testimony to assist in making such determination. The review shall consider both the proposed site plan and the exterior of the proposed altered structure. The Board of Appeals and Adjustments may grant variances in recommending an alteration permit only if such variance meets the criteria contained in Section 9.503(4) and only if the Board makes findings in accordance therewith. Section 6.701(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwTse alter any residential building now existing in any commercial zone for commercial use." is herewith amended to read as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use except as permitted by Section 9.403(11). No person, firm or corporation may occupy such building for other than dwelling purposes until all the requirements of Section 9.403(11) have been met and an occupancy permit shall have been granted." Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: December ll, 1978 January 22, 1979 January 22, 1979 Offered by: Heintz Seconded by: Norberg Roll Call: All Ayes Council Secre(ar'y