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<br /> <br />00 <br />LEAGUE OF <br />MINNESOTA <br />CITIES <br /> <br />CONNECTING & INNOVATING <br />SINCE 1913 <br /> <br />LAND USE NONCONFORMITIES <br />Frequently Asked Questions <br /> <br />What are non conformities? <br />Nonconformities are simply any land uses, structures or lots that do not comply with the current <br />zoning ordinance of a city. . . <br /> <br />Wbat are iegal nonconformities? <br />Legal nonconformities are those that were legal when the zoning ordinance or .amendment was <br />adopted, in that they complied with then existing ordinance and law. Legal nonconformities <br />generally have a statutory right to continue. The rights of legal nonconformities are often referred <br />to as grandfather rights. <br /> <br />What are illegal nonconformities? <br />Illegal nonconformities are those that were not permitted when established. In contrast to legal <br />nonconformities, illegal nonconformities do not have the rights associated with legal . <br />nonconfoimities. Illegal nortconformities Inay exist because a prior zoning ordinance was not <br />eIlforced as written. Failure by the city to enforce a prior zoning ordinance does notgive a <br />landowner the legal right to continue anillegal nonconformity. Before assuming a particular <br />nonconformity is entitled to the statutory right to continue, it is important to consider whether the <br />nonconformity ever complied with existing ordinance or law. <br /> <br />What are the statutory rights of legal nonconformities? . <br />In Minnesota, any legal nonconformity generally has a statutory right to continue. Specifically, <br />legal nonconformities may be continued, including through repair, replacement, restoration, <br />maintenance, or improvement, but not including expansion. These rights were once limited to <br />repair and maintenance, but in 2004 the legislature afforded the rights to replacement, restoration <br />or improvement but not expansion. For moreinformation, see Minn. Stat. & 462.357. <br />. . <br /> <br />What about nonconformities in a floodplain area? <br />Legal nonconformities in floodplain areas have more limited rights. Cities may regulate the repair, . <br />replacement, maintenance, improvement or expansion of nonconforming uses aild structures in <br />floodplain areas to the extent necessary to maintain community eligibility for the National Flood <br />Insurance Program (NFIPr <br /> <br />Who benefits from the nonconforming rights? <br />The rights of legal nonconformities attach to and benefit the land and are not limited to a particular <br />landowner. If the benefited property is sold, the new owner will have the continuance rights. <br /> <br />This material is provided as general information' and is not a substitute for legal advice. <br />Consult your attorney for advice concerning specific situations. <br /> <br />. LEAGUE OF MINNESOTA CITIES <br />INSURANCE TRUST <br /> <br />14S UNIVERSITY AVE. WEST PHONE: (651) 281-1200 . FAX: (651) 281-1298 <br />ST. PAUL. MN SSl03-2044 TOLL FREE: (BOO) 925-1122 WEB: WWW.LMC.ORG <br /> <br />42 <br />