08-04-10-WS - Laserfiche WebLink

Home Browse Search

If a city wishes to place time constraints on particular use_s,then the appropriate zoning tool is an interim . conditional use permit. Hi hl� ht use permit, rather than a p Cities may wish to employ interim use permits for Passed in 1989, Minn. Stat. § uses that are not consistent with the city's long term 462.3597 authorizes interim use plan and vision for the particular area, or where the permits for a temporary use of use itself has a limited lifecycle. Interim use permits property until a particular date, until should be provided for in the city's zoning ordinance. the occurrence of a particular event, A public hearing is required prior to issuance, and the or until zoning regulations no longer land owner generally enters into an agreement with permit it. the city. Cities should periodically revi ew their zoningordinances to determine whether the conditional uses listed are uses that remain appropriate for the particular zoning district, and to make sure the conditions under which the uses will be allowed are specifically set forth. Cities have broad legislative discretion when establishing uses and conditions in their ordinance. But when administering conditional uses set forth in the ordinance, cities are acting in their more limited quasi -judicial capacity ca acit and are constrained to applying the standards in the ordinance to the facts of a particular application. Nonconformities Legal nonconformities are those that were legal Definition when the zoning ordinance or amendment was he complied withpreexisting [Nonconformitiessre uses, structures, adopted, in that they p Legal nonconformities ts that do not comply with the ordinance and law. gutor ri ht to continue. The ent zoning ordinance. generally have a statutory g rights of legal nonconformities are often referred to as grandfather rights. In contrast to legal nonconformi ties, non-legal nonconformities are those that were not permitted when established and they do not have the rights associated with legal nonconformities. Before assuming a particular nonconformity is entitled to the statutory right to continue, it is important to consider whether the nonconformity ever complied with existing ordinance or law. Something to Think About Legal nonconformities may be continued, including Under Minn. Stat. §462.357, sub. 1e, through repair, replacement, restoration, any legal nonconformity generally maintenance, or improvement, but not including has a right to continue unless(1)the expansion. There is a limitation to the continuance use is discontinued for more than rights for nonconformities in National Flood one year,or(2)the structure is Insurance Program (NFIP) floodplain areas. destroyed by more than 50%of its Despite their right to continue without complying assessed market value, and no with the current zoning ordinance, it is important to building permit is applied for within keep in mind that all legal nonconformities must 180 days. generally comply with other city ordinances, such JJ as a nuisance ordinance or a licensing ordinance. 4