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02-27-2006 Council Packet
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02-27-2006 Council Packet
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�=������,�g 4�,����`,�"=. � <br /> Current State Statute Language (Item c re: Floodplains is a recent addition) <br /> Subd. 1 e. Nonconfoi•mities. (a) Any nonconformity, including the lawfi►1 use or occupation of <br /> land or premises existing at the time of the adoption of a�1 additional control under this chapter, <br /> may be continued, including through repair, replacement, restoration, maintenance, or <br /> improveinent, but not including eapansion, unless: <br /> (1) the ilonconformity or occupancy is discontinued for a period of more than one year; or <br /> (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than <br /> 50 percent of its market value, and no building permit has been applied for within 180 days of <br /> when the property is damaged. In this case, a municipality may iinpose reasonable conditions upon <br /> a building permit in order to mitigate any newly created impact on adjacent property. <br /> (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or <br /> occupancy. A municipality may, by ordinance, permit an expansion or impose upon <br /> nonconfonnities reasonable regulations to prevent and abate nuisances and to protect the public <br /> health, welfare, or safety. This subdivision does not prohibit a mtmicipality from enforcing an <br /> ordinance that applies to adults-only bookstores, adults-only theaters, or siinilar adults-only <br /> businesses, as defined by ordinance. <br /> (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replaceinent, <br /> maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas <br /> to the extent necessary to maintain eligibility in the National Flood Insurance Program and not <br /> increase flood dainage potential or increase the degree of obstruction to flood flows in the <br /> floodway. <br />
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