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ORDINANCE NO. 10-04, SECOND SERIES AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO NON-CONFORMING STRUCTURES AND USES CITY OF PEQUOT LAKES COUNTY OF CROW WING STATE OF MINNESOTA The City Council of the City of Pequot Lakes does ordain as follows: Purpose and Intent: The purpose of this ordinance amendment is to amend Chapter 17 of the Pequot Lakes City Code relating to non-conforming structures and uses. Amendment: Chapter 17, Article 4.4 shall be amended as follows: Section 17-4.4 NON-CONFORMING STRUCTURES AND USES 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement,but not including expansion,unless: A. the nonconformity or occupancy is discontinued for a period of more than one year; or B. 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 which case any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Notwithstanding, the foregoing, any structure or use legally existing at the time of the adoption of an official control under this Chapter and which does not conform to the provisions of the Ordinance may be continued subject to the following: 2. No such structure or use shall be expanded, enlarged or intensified except in conformity with the provisions of this Chapter with consideration for variances thereto and consideration given for previously approved Planned Unit Developments. 3. A one-time addition to a non-conforming principle structure shall be permitted subject to the following: A. The non-conformity is due solely to setbacks.