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CC PACKET 06122012
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CC PACKET 06122012
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54 <br />This option offers a reasonable alternative to applicants seeking space for places of <br />worship as it creates opportunities in the commercial zoning district for such religious <br />assemblies. <br />■ This option treats places of assembly equally throughout the Zoning Code and <br />establishes clarity. <br />Cautions Associated with Allowing "Assembly" in Commercial and Eliminating <br />"Assembly" in Light Industrial <br />This option may create situations where certain current uses of assembly within light <br />industrial zoning districts no longer comply with the Zoning Code and would, <br />therefore, become valid nonconforming uses (see Section 7.0). <br />■ This option excludes assemblies (religious and non -religious) from potentially <br />desirable space within the light industrial zoning district. <br />■ This option may hinder the City's intent at fully implementing business -oriented <br />goals of its commercial zoning district. <br />CONCLUSION. Option 113 <br />Option 93 allows the City to continue its economic development goals within its <br />light industrial zoning district while offering a reasonable alternative for all types of assemblies <br />(religious and non -religious) to find space within the commercial zoning district. Option 43 may <br />not fully implement the City's intended business -oriented goals of the commercial zoning <br />district, but the presence of assemblies in the commercial zoning district does not seem to <br />counteract City planning and economic development goals as much as allowing assembly use <br />within the light industrial zoning district would do. <br />Option #3 is recommended as the appropriate course of action for the City. <br />7.0 NONCONFORMING USES <br />If the City chooses to amend its Zoning Code, certain uses that currently exist within a <br />zoning district that were previously compliant under the law may no longer comply with the <br />Zoning Code as amended. There is a question as to what happens to these uses practically and <br />legally. Overall, these uses will continue to exist under the law of nonconforming use as <br />indicated by Minnesota State Law and the City Zoning Code itself. <br />7.1 Minnesota State Law: Nonconforming Uses <br />Minnesota Statutes section 462.357 discusses nonconforming uses in the context of <br />municipal law: "Except as otherwise provided by law, any nonconformity, including the lawful <br />use or occupation of land or premises existing at the time of the adoption of an additional control <br />under this chapter, may be continued, including through repair, replacement, restoration, <br />-24- <br />S"i'UDY OF Ass) NiFu Es, ME17PING LODGES, AND CONVEN'I'ION I-IALLS <br />CITY OF SAINTANTHONY VILLAGE <br />
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