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` Lindgren, Jay From: Gilligan, Jerome Sent: Tuesday, May 24, 2005 3:38 PM To: Lindgren,Jay Subject: Nonconforming uses Here is current law(462.357, subd 1e)with respect to nonconforming uses: Subd. 1 e. Non conformities. 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: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or(2) 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, a municipality may impose reasonable conditions upon a building.permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or gecupancy. A municipality 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 a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Under this law and Sectio nI660City Code the cemetery is permitted to repair, replace and improve its property. Any expansion would need a variance. Section 1660 of City Code probably should be amended to conform with this section since it still has the provision of prior Minnesota law at i more an o of fair marIceFvalue o noncon ormmg use is removed or destroyed perrrntte noncon orm n nds. f ") VSA �f 2�( I d V1o�C ah at N» 14 WI-e i� Y � Y'