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l <br />REQUEST FOR COUNCIL ACTION <br />Date.- 7/14/08 <br />Item No..- 12.b <br />fixeKlml <br />3 1.1 Recently the Minnesota State Legislature made revisions to Chapter 462.35? Subdivision I e <br />4 (Nonconformities) that provides added protection to property owners. Previously State Law <br />allowed a non-conforming structure or use to continue but it could not be extended, expanded, <br />6 intensified,, or changed unless it was to a conforming use. State Law has been amended to allow <br />"7 a structure or use to be continued,, repaired, replaced, improved and potentially expanded. The <br />law also allows for the reconstruction of a destroyed or damaged non-conforming structure <br />9 provided certain procedural requirements are met. <br />I ('_) <br />"I'll 1.2 Over the past few months, the Planning Division has been working with the City Attorney on a <br />12 text modification that adheres to State Statutes and affords the City the flexibility of existing <br />13 Codes and/or policies. <br />14 <br />15 1.3 The current Roseville City Code reads as follows.- <br />16 <br />II 1002.02: DEFINITIONS: <br />NON-�CONFORMING PRE-�EXISTING STRUCTURES OR USES: Any building <br />19 structure which was legally existing on May 21, 1959, which would not conform to the <br />20 applicable conditions if the building or structure were erected under this code. Such a <br />2 1 structure or use may be continued but may not be extended, expanded, intensified, or <br />22 changed unless to a conforming use. <br />23 <br />24 NON-�CONFORMING ILLEGAL STRUCTURE, USE, OR LOT: A lot, building, <br />25 structure, premises, or use illegally established when it was initiated, created, or <br />26 constructed,, which did not conform with the applicable conditions or provisions of the <br />27 City Code for the district in which the structure or use is located. <br />28 <br />29 1005.07: MIXED USE BUSINESS DISTRICT: <br />30 E. Nonconforming Uses.- Any building or use which becomes nonconforming because of the <br />3 1 adoption of this Section may remain. Said nonconforming building or use shall not be extended, <br />32 expanded, or intensified after the adoption of this Section except as permitted in Section 1011. <br />0 <br />PROJO014—RCA-071408 (2).doc Page I of 6 <br />