Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: Minn. Stat. § 462.357, subd. 1c. Jake's, Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002). Minn. Stat. § 462.357, subd. ld. SLS P'ship v. City of Apple Valley, 511 N.W.2d 738 (Minn. 1994). Halla Nursery v. Chanhassen, 763 NW 2d 42 (Minn. St. App. 2009). Minn. Stat. § 462.357, subd. 1 e. Ortell v. City ofNowthen, 814 N.W.2d 40 (Minn. App. 2012). A. Legal nonconformities predating the adoption of the zoning ordinance 1. Legal nonconformities Legal nonconformities are legal uses, structures, or lots that predate current zoning regulations and thus do not comply with the current zoning ordinance. In most cases, nonconformities cannot be amortized or phased out. A municipality must not enact, amend or enforce an ordinance that eliminates a use which use was lawful at the time of its inception. Similar protections do not exist for nonconformities that were not lawful, or prohibited by state law or city ordinance, at the time of their inception. This prohibition also does not apply to adults -only bookstores, adults -only theaters or similar adults -only businesses, as defined by ordinance. Nor does it prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, or eliminating a use determined to be a public nuisance. Legal nonconformities are those uses, structures or lots that legally existed prior to the creation of the zoning district and, in recognition of the landowner's property rights, are allowed to continue even though they are now illegal. Besides being allowed to remain in effect, legal nonconformities also escape requirements subsequently enacted, such as setback requirements. The state statute on legal nonconformities supersedes any conflicting language in a zoning ordinance. 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. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 39