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2008-011 Council Ordinances
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2008-011 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
08/11/2008
Council Meeting Type
Regular
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9. Alterations may be made to a structure containing non conforming <br />non conformity. <br />1, Any nonconformity, including the lawful use or occupation of land or <br />premises existing at the time of the adoption of an additional control under <br />this chapter, may be continued, including through repair, replacement, <br />restoration, maintenance, or improvement, but not including expansion, <br />unless: <br />a. The nonconformity or occupancy is discontinued for a period of <br />more than one year; or <br />b. Any nonconforming use is destroyed by fire or other peril to the <br />extent of greater than 50 percent of its market value, and no <br />building permit has been applied for within 180 days of when the <br />property is damaged. In this case, the City may impose reasonable <br />conditions upon a building permit in order to mitigate any newly <br />created impact on adjacent property. <br />2. Any subsequent use or occupancy of the land or premises shall be a <br />conforming use or occupancy. The City may, by ordinance, permit an <br />expansion or impose upon nonconformities reasonable regulations to <br />prevent and abate nuisances and to protect the public health, welfare, or <br />safety. This subdivision does not prohibit the City from enforcing an <br />ordinance that applies to adults -only bookstores, adults -only theaters, or <br />similar adults -only businesses, as defined by ordinance. <br />3. Notwithstanding paragraph (1), the City shall regulate the repair, <br />replacement, maintenance, improvement, or expansion of nonconforming <br />uses and structures in floodplain areas to the extent necessary to maintain <br />eligibility in the National Flood Insurance Program and not increase flood <br />damage potential or increase the degree of obstruction to flood flows in <br />the floodway. <br />SECTION 3. GENERAL PROVISIONS <br />Subd. 4. General Building and Use Provisions. <br />D. Accessory Buildings and Structures. <br />1. General Provisions. <br />
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