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STAFF REPORT To: Chair and Planning Commissioners From: Kim Moore-Sykes, Assistant City Manager Date: June 21,2011 Subject: Amending Zoning Ordinance Section 152.226, Limited Continuation Background. Staff received a letter dated May 31,2011 from the City Attorney indicating,that as the result of recent legislative action,it had become necessary for the City to update the City's Zoning Code to reflect the current provisions of the Minnesota Statutes dealing with limited continuation or nonconformities. Essentially,MN Stat.,Section 462.337,subd. le has been amended to provide the following: • that any nonconformity may be continued,including through repair,replacement, restoration,maintenance or improvement,but not including expansion; • unless the nonconformity or occupancy is discontinued for a period of more than a year; • or any nonconforming use is destroyed by fire or other peril to the extent greater than 50% of its estimated market value and no building permit has been applied for within 180 days of the property's damage. The City's limited continuation ordinance currently does not comply with Minnesota statutes because it does not allow for the nonconformity to be reconstructed or replaced. Minnesota statutes also do not allow that a city's code provisions for nonconformities can be more restrictive than Minnesota law. Attachments. • Revised Ordinance 2011-05 • Letter from the City Attorney, RE: amending Section 152.226, Limited Continuation FAPlanning\Staff Reports\2011\06212011I limited continuance ordinance amendment stf rpt.doc062120111 limited continuance ordinance amendment stf rpt.doc