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�.� use or occupation of land or premises existing at the time of the adoption of an 1110 additional control under M. S. Chapter 462, may be continued, including through repair or maintenance, but if the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming use is zt - destroyed by fire or other peril to the extent of greater than 50 percent of its �` market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy."The new law does provide that"a municipality may by ordinance impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health,welfare, or safety." The new law also provides that it"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." The ordinance should be changed to quote the above language and remove any conflicting language or requirements. 8. Fee requirements. Most, if not all ordinances, now are inconsistent with many provisions of the state law concerning fees,M. S. § 462.353, Subd. 4, as amended by Laws 2001, Chapter 207. 'w�� A city may prescribe fees sufficient to defray the costs incurred by it in reviewing,investigating, and administering an application for an amendment i - ` (A9`,,) to its land use regulations (zoning and subdivision regulations, official maps, z ti etc.), an application for a permit, or some other approval required under its � %h �J land use regulations. -'J_- 1-`t g `) 1 / • These fees must be establishe ordinan 1 • These fees must be"fair, reasonable, and proportionate to the actual cost of ✓�t,)1)4' the service for which the fee is imposed. • Cities are required to "adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected". • If a dispute arises over a specific fee imposed by a city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court.An approved application would proceed as if the fee had been paid, pending a decision by the court. 9. Manufactured Homes (Mobile Homes).Most ordinances conflict with state law concerning the location of manufactured homes on residential lots. • No city zoning regulation may prohibit manufactured homes built in conformance with the manufactured home building code and which comply with all other zoning ordinances promulgated pursuant to the state law authorizing cities to zone. See M. S. §32731 to 327.35 and M. S. 462357, Subdivision 1. • A manufactured home is defined by law as a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length,or,when erected on site, is 320 or 4