HomeMy WebLinkAboutOrdinance No. O08-05ORDINANCE NO.00$-OS
ORDINANCE AMENDING SECTION 17.56.030 OF THE LAUREL MUNICIPAL CODE
TO CLARIFY WHEN A DAMAGED NON-CONFORMING USE
RESIDENTIAL STRUCTURE CAN BE REBUILT.
WHEREAS, Section 17.56.030 of the Laurel Municipal Code authorizes the City to issue
a permit far the reconstruction of structures that aze a `lion-conforming use" under limited
circumstances if certain conditions aze met; and
WHEREAS, the current ordinance is ambiguous and should be clarified to enable staff to
provide a consistent and uniform application in all future situations and cases; and
WHEREAS, on July 6, 2006 the Laurel City-County Planning Board addressed the
ambiguity contained in Section 17.56.030(1) of the LMC when it discussed and considered a
proposed language change authored by the previous City Planner and officially approved a
recommendation to the City Council that it adopt the proposed language enumerated below; and
WHEREAS, the current City Planner recommended additional language be included in the
language change to require qualifying dwellings that aze rebuilt by permit be required to conform
to the applicable setback standard of the City; and
WHEREAS, due to staff turnover, the recommendation previously appraved by the Laurel
City-County Planning Board on July 6, 2006 was not presented to the City Council for its
consideration, however, the recommendation remains the same with the addition of the setback
requirement language.
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
17.56.030 Additions, repairs and alteration allowed when.
A. No building used for a nonconforming use shall be enlarged, extended, reconstructed, or
structurally altered, unless the use is changed to one which complies with the provisions of this
chapter; provided, however, permits may be issued for the reconstruction of an existing building
to be continued as a nonconforming use if the following conditions are complied with:
1.
~+ielated If a sin le or two famil dwellin is resentl anon-conformin use and is located in a
residential are and is destro ed the dwellin ma be rebuilt. However uali in dwellin
units located on arterial streets or roads must conform to the a livable setback standazd'
2. New use would decrease the automobile parking congestion in the azea;
3. New use would not increase the cubical contents of the structure, floor azea ratio, if such
would violate provisions of this chapter;
4. Such reconstruction would be one in accordance with the city building, plumbing, electrical
codes and fire prevention code;
5. The issuance of such permit would not violate the provisions of Section 17.56.040 of this
chapter. (Prior code § 17.64.010(B)(part))
008-OS Non-conforming use rebuild
This Ordinance becomes effective thirty (30) days a$er final passage by the City Council
and approval by the Mayor.
Introduced and passed an first reading at a regular meeting of the City Council on
May 6 , 2008, by Council Member Stamper
PASSED and ADOPTED by the Laurel City Council on second reading this 17th day of
June , 2008, upon motion of Council Member xart
APPROVED BY THE MAYOR this 17th day of June , 2008.
ATTEST:
Mary K Ernbleton, Clerk-Treasurer
CITY F LAUREL
enneth E. Olson, Jr., Ma r
008-OS Non-conforming use rebuild
Elk River Law Office, P.L.L.P.