Agenda - Environmental Policy Board - 08/04/2014

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Nonconformities and MRCCA Rules: What You Need to Know Nonconforming properties are common Nonconformities are relatively commonplace, but the concept may not be completely understood. Most medium to larger communities have many nonconforming properties. When zoning standards change, any lawfully established lot, structure, or use that does not conform to the new standards becomes legally nonconforming. Cities routinely update their zoning standards, creating nonconforming properties. Legal nonconformities are different from "illegal nonconformities" or violations of the zoning code. These occur when people make changes to the use or to the property that violate the zoning code in effect at the time. Legal nonconformities and "grandfathered" rights are the same thing To be a legal nonconformity or to be "grandfathered," the lot, structure, or use must have been legally established before the effective date of the ordinance change that prohibits it. Minnesota law protects the rights of owners of nonconforming properties Minnesota Statute (MS 462.357 Subd le) states that nonconformities may be continued, including through repair, replacement, restoration, maintenance, or improvement. The law also allows local governments to permit the expansion of nonconformities. In general, local governments may only impose new conditions on a structure that is destroyed beyond 50% of its market value, if a permit to rebuild it has not been applied for within 180 days. When local governments update their zoning ordinances consistent with the MRCCA rules, these protections for property owners will remain in effect. There are many types of legal nonconformities; they include: 1. Nonconforming lots of record. These lots were legal when they were subdivided but do not meet the current requirements for area, width, depth, access, or other requirements. 2. Nonconforming structures. These are buildings that met the standards at the time they were constructed, but now encroach into the current setback standards (such as from the water, bluff, side yard) or exceed the current height or area limitations. 3. Nonconforming characteristics of use. This catch -all category covers nonconformities to the parking, landscaping, signage or other requirements. Site characteristic nonconformities are very common because standards (landscaping, lighting, parking, trash, sidewalks etc.) are constantly evolving. 4. Nonconforming uses of land. A use becomes nonconforming when a new zoning district is applied to a property that does not allow a use that was legally established under the previous zoning district. Nonconforming uses of land are rare. The proposed MRCCA rules will have a modest impact on nonconformities Many nonconformities already exist under current local MRCCA ordinances. The proposed rules and any ordinance changes implementing the rules will both create and eliminate nonconformities. The DNR is working with communities to minimize the creation of new nonconformities, however, it is likely that the draft rules will create new nonconforming structures in some locations due to an increase in the