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<br />(2) is the least restrictive means for furthering that compelling <br />governmental interest. <br /> <br />State of Minnesota <br /> <br />Nonconforming Uses: <br /> <br />Under the new law, if a nonconforming use or occupancy is discontinued for a period of <br />more than one year, or any nonconforming use is destroyed by fire or other peril to the extent <br />of greater than 50% of its market value, any subsequent use or occupancy of the land or <br />premises shall be a conforming use or occupancy. Effective 8/1/01. <br /> <br />Minn. Stat. Sec. 462.357, subd. Ie provides: <br /> <br />Any nonconformity, including the lawful use or occupation ofland or premises existing <br />at the time of the adoption of an additional control under this chapter, may be continued, <br />incl uding through repair or maintenance, but if the nonconformity or occupancy is <br />discontinued for a period of more than one year, or any nonconforming use is destroyed <br />by fire or other peril to the extent of greater than 50 percent of its market value, any <br />subsequent use or occupancy of the land or premises shall be a conforming use or <br />occupancy. <br /> <br />Suoer Majority Zoning: <br /> <br />Under the new amendment to Minn. Stat. ~ 462.351, zoning ordinances may be adopted or <br />amended by a majority of the governing body, but changing a zoning district, in part or in <br />totality, from residential to commercial or industrial must be approved by a 2/3rds majority <br />of the governing body. Effective 5130/01. <br /> <br />Minn. Stat. Sec. 462.351, subd 2(b) provides: <br /> <br />Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and <br />amend a zoning ordinance by a majority vote of all its members. The adoption or <br />amendment of any portion of a zoning ordinance which changes all or part of the existing <br />classification of a zoning district from residential to either commercial or industria1 requires a <br />two-thirds majority vote of all members of the governing body. <br /> <br />In January 2002, The Minnesota Attorney General's Office issued an opinion on the effect of <br />the new amendment reducing the necessary voting majority for adoption or amendment of <br />most municipal zoning ordinances from two-thirds to a simple majority of all members of the <br />governing body. The Attorney General's Office opines: "...it is our opinion that the statutory <br /> <br />4 <br />