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