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Minn. Stat. § 462.357, <br />subd. lc. <br />Jake 's, Ltd., Inc. v. <br />City of Coates, 284 <br />F.3d 884 (8th Cir. <br />2002) <br />Minn. Stat. § 462.357, <br />subd. Id. <br />SLS P'ship v. City of <br />Apple Valley, 511 <br />N.W.2d 738 (Minn. <br />1994); Halla Nursery <br />v. Chanhassan, 763 <br />NW 2d 42 (Minn. St. <br />App. 2009) <br />Minn. Stat. § 462.357, <br />subd. le. <br />A. Legal nonconformities predating the <br />adoption of the zoning ordinance <br />1. Legal nonconformities <br />Legal nonconformities are legal uses, structures, or lots that predate current <br />zoning regulations and thus do not comply with the current zoning <br />ordinance. In most cases, nonconformities cannot be amortized or phased <br />out. A municipality must not enact, amend or enforce an ordinance that <br />eliminates a use which use was lawful at the time of its inception. Similar <br />protections do not exist for nonconformities that were not lawful, or <br />prohibited by state law or city ordinance, at the time of their inception. This <br />prohibition also does not apply to adults -only bookstores, adults -only <br />theaters or similar adults -only businesses, as defined by ordinance. Nor does <br />it prohibit a municipality from enforcing an ordinance providing for the <br />prevention or abatement of nuisances, or eliminating a use determined to be a <br />public nuisance. <br />Legal nonconformities are those uses, structures or lots that legally existed <br />prior to the creation of the zoning district and, in recognition of the <br />landowner's property rights, are allowed to continue even though they are <br />now illegal. Besides being allowed to remain in effect, legal nonconformities <br />also escape requirements subsequently enacted, such as setback <br />requirements. The state statute on legal nonconformities supersedes any <br />conflicting language in a zoning ordinance. <br />While legal nonconformities must be allowed to continue, a zoning <br />ordinance may prohibit them from being expanded, extended or rebuilt in <br />certain situations. However, nonconformities, including the lawful use or <br />occupation of land or premises existing at the time of an amendment to the <br />zoning ordinance, may be continued through repair, replacement, restoration, <br />maintenance, improvement, but not including expansion, unless: <br />• The nonconformity or occupancy is not used for a period of more than <br />one year. <br />• Any nonconforming use is destroyed by fire or other peril to the extent <br />of greater than 50 percent of its estimated market value, as indicated <br />in the records of the county assessor at the time of damage, and no <br />building permit has been applied for within 180 days of when the <br />property is damaged. In this case a municipality may impose reasonable <br />conditions upon a building permit in order to mitigate any newly created <br />impact on adjacent property or bodies of water. <br />ZONING GUIDE FOR CITIES 47 <br />