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2005-05-03 P & Z Agenda
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2005-05-03 P & Z Agenda
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<br />462.357 Officia~ contro~s: zoning ordinance. <br /> <br />Subd. 1e. Nonconformities. Any nonconformity, <br />including the lawful use or occupation of land or premises <br />existing at the time of the adoption of an additional control <br />under this chapter, may be continued, including through repair, <br />replacement, restoration, maintenance, or improvement, but not <br />including expansion, unless: <br /> <br />(1) the nonconformity or occupancy is discontinued for a <br />period of more than one year; or <br /> <br />(2) any nonconforming use is destroyed by fire or other <br />peril to the extent of greater than 50 percent of its market <br />value, and no building permit has been applied for within 180 <br />days of when the property is damaged. In this case, a <br />municipality may impose reasonable conditions upon a building <br />permit in order to mitigate any newly created impact on adjacent <br />property. <br /> <br />Any subsequent use or occupancy of the land or premises <br />shall be a conforming use or occupancy. A municipality may, by <br />ordinance, permit an expansion or impose upon nonconformities <br />reasonable regulations to prevent and abate nuisances and to <br />protect the public health, welfare, or safety. This subdivision <br />does not prohibit a municipality from enforcing an ordinance <br />that applies to adults-only bookstores, adults-only theaters, or <br />similar adults-only businesses, as defined by ordinance. <br />
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