Agenda - Environmental Policy Board - 08/04/2014

Home

setback requirements from the water and bluffs. In other locations, existing nonconforming structures will become conforming due to a reduction in the setback requirements from the water and the elimination of minimum lot sizes in some districts. The proposed rules do not regulate lot size and width or land use so they will not create any nonconforming lots or uses of land. Nonconformities rarely affect the sale of property There are no known instances where lenders have refused to finance a mortgage for a property that is a nonconforming lot of record, or has a legal nonconforming (or "grandfathered ") structure or nonconforming characteristic of use. Lenders may have some concerns with illegal nonconformities (in violation of the local ordinance) or with properties that are nonconforming uses of land. State law allows cities to require that the property come into conformance with the current zoning district if a property is abandoned for more than 12 months or it is destroyed by more than 50% and a building permit is not obtained within 180 days. Many local planning and zoning staff in the MRCCA noted that in most cases when a lender contacts them about a nonconformity, they simply want verification of whether it is legal and can be rebuilt if destroyed. If my property has nonconforming characteristics, such as a cleared Shore Impact Zone, how will that affect me? Under state law and under the draft MRCCA rules, your site may remain as it is; however, any future clearing would have to comply with the local ordinance. A single nonconforming feature of a property does not mean that the entire property is "nonconforming." What about nonconformities in a floodplain area? Legal nonconformities in floodplain areas have more limited rights because federal rules for flood insurance are more stringent than state law. Local governments must meet federal standards affecting nonconforming uses and structures in floodplain areas in order to maintain community eligibility for the National Flood Insurance Program (NFIP). Resources for Further Information The following websites offer good information on nonconformities: • City of St. Paul Park: http: // www. stpaulpark .govoffice.com /index.asp ?Type =B BASIC &SEC= %7B503BB069 -068F- 4177- B7A6- 699E042F75C6% 7D& DE=% 7BE89702FA- 792D- 44BA- 87ED- OD176E1FB107 %7D • City of Bloomington: http: // www .ci.bloomington.mn.us /cityhall/ dept / commdev / planning /reps /zoneproiect /nonconf aq.htm • League of Minnesota Cities Resource Library: http: / /www.lmc.org /page /1 /resource- library.jsp (type in keyword "nonconformities ")