Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.357, subd. l e. Minn. Stat. § 462.357, subd. le (c). Minn. Stat. § 462.357, subd. If. Minn. Stat. § 462.357 subd. le(2). While legal nonconformities must be allowed to continue, a zoning ordinance may prohibit them from being expanded, extended or rebuilt in certain situations. However, nonconformities, including the lawful use or occupation of land or premises existing at the time of an amendment to the zoning ordinance, may be continued through repair, replacement, restoration, maintenance, improvement, but not including expansion, unless: • The nonconformity or occupancy is not used for a period of more than one year. • Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property or bodies of water. Cities can also regulate nonconforming uses and structures to maintain eligibility in the National Flood Insurance Program. State law specifically authorizes city regulation of nonconforming uses to mitigate potential flood damage or flood flow. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. 2. Shoreland legal nonconformities a) All shoreland Tots When a nonconforming structure in a shoreland district, as defined by local ordinance, with less than 50 percent of the required setback from the water, is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased by the city if practicable and reasonable conditions may be placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. In addition, nonconforming shoreland lots of record in the office of the county recorder, on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width have additional state law protections. The city may (but is not required to) allow this type of lot to be used as a building site if: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 41