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25 <br />STAFF REPORT <br />To: Mayor and City Council members <br />From: Kim Moore -Sykes, Assistant City Manager Ivw <br />Date: June 28, 2011 <br />Subject: Amending Zoning Ordinance Section 152.226, Limited Continuation <br />Background. Staff received a letter dated May 31, 2011 from the City Attorney indicating, that as the result <br />of recent legislative action, it had become necessary for the City to update the City's Zoning Code to reflect <br />the current provisions of the Minnesota Statutes dealing with limited continuation or nonconformities. <br />Essentially, MN Stat., Section 462.337, subd. le has been amended to provide the following: <br />that any nonconformity may be continued, including through repair, replacement, <br />restoration, maintenance or improvement, but not including expansion; <br />unless the nonconformity or occupancy is discontinued for a period of more than a year; <br />or any nonconforming use is destroyed by fire or other peril to the extent greater than 50% of <br />its estimated market value and no building permit has been applied for within 180 days of <br />the property's damage. <br />The City's limited continuation ordinance currently does not comply with Minnesota statutes because it <br />does not allow for the nonconformity to be reconstructed or replaced. Minnesota statutes also do not allow <br />that a city's code provisions for nonconformities can be more restrictive than Minnesota law. <br />Attachments. <br />• Letter from the City Attorney, RE: amending Section 152.226, Limited Continuation <br />• Ordinance 2011-05; Amending Zoning Ordinance 152.226 Nonconformitics into Compliance with <br />recently Amended Provisions of MN State Statute 162.357 subd. IE (first reading) <br />F:ACunciI Meetings\2011A0628201 IWillTl I limited continuance ordinance amend[Ile It. docstaffI I limited continuance ordinance amend me [It <br />