07/09/2008 P&Z Packet - Laserfiche WebLink

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or structure or land shall be in conformity with thc provisions of this Ordina -n e, 6. Any non conforming use of open land, that is use of land without Ordinance, whereupon such non conforming use shall cease. to a non conforming use is permitted, including necessary repairs and use. 8. A lawful non conforming use may be changed only to a use that decreases its non conformity. 9. Alterations may be made to a structure containing non conforming residential units when they will improve the livability thereof, provided they will not incr osc thc number of units or expand thc size or degree of the non conformity. 1 Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. Lino Lakes Zoning Ordinance General Provisions Amended Per Ord. 07 -05 3 -2 • •