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LEAGUE ra <br />MINNESOTA <br />CITIES <br />INFORMATION MEMO <br />Land Use Nonconformities <br />Learn what the city can and cannot do about land uses, structures or lots that do not comply with the <br />city's current zoning ordinance. Read about statutory restrictions and the city's role in administering <br />nonconforming uses. <br />RELEVANT LINKS: <br />Minn. Stat. § 462.357 subd. <br />tete). <br />See MNDNR web page. <br />National Flood Insurance <br />Program. <br />I. Nonconformities <br />Nonconformities are simply any land uses, structures or lots that do not <br />comply with the current zoning ordinance of a city. <br />A. Legal nonconformities <br />Legal nonconformities are those that were legal when the zoning ordinance <br />or amendment was adopted, in that they complied with then existing <br />ordinance and law. Legal nonconformities generally have a statutory right to <br />continue. The rights of legal nonconformities are often referred to as <br />grandfather rights. <br />B. Illegal nonconformities <br />Illegal nonconformities are those that were not permitted when established. <br />In contrast to legal nonconformities, illegal nonconformities do not have the <br />rights associated with legal nonconformities. Illegal nonconformities may <br />exist because a prior zoning ordinance was not enforced as written. Failure <br />by the city to enforce a prior zoning ordinance does not give a landowner the <br />legal right to continue an illegal nonconformity. Before assuming a <br />particular nonconformity is entitled to the statutory right to continue, it is <br />important to consider whether the nonconformity ever complied with <br />existing ordinance or law. <br />C. Floodplain nonconformities <br />Legal nonconformities in floodplain areas have more limited rights. Cities <br />may regulate the repair, replacement, maintenance, improvement or <br />expansion of nonconforming uses and structures in floodplain areas to the <br />extent necessary to maintain community eligibility for the National Flood <br />Insurance Program (NFIP). <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West <br />Saint Paul, MN 55103-2044 <br />www.lmc.org <br />(651) 281-1200 or (800) 925-1122 <br />9/5/2018 <br />© 2018 All Rights Reserved <br />