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hind le al nonconformities was that the property would eventually - <br /> Historically, the theory be g <br /> ^n� 1< <,��ith the zoning ordinance. The statutory_right to continue was more limited, and cities <br /> w p Y � • • process called amortization. Furthermore, <br /> could phase out nonconformities over time through a <br /> the nonconformity could not be upgraded or replaced, and nonconforming rights would cease if the <br /> Y <br /> nonconformity was discontinued or destroyed. But in 2001, the legislature prohibited _ <br /> amortization, except for adult uses. And in 2004, the legislature both altered the rule about <br /> destruction and afforded nonconformities the right to replacement, restoration or improvement, but <br /> p not expansion. Cities should review their ordinance provisions concerning nonconformities and <br /> make sure they are consistent with the current state statute. <br /> Creating a Record <br /> Whatever the nature of or standard for a particular zoning decision, a city should create a record <br /> rt it. If the city action is challenged, courts will review the decision on the public <br /> that will support y g <br /> record. The record must demonstrate the cityexercised the appropriate level of discretion and <br /> PP <br /> a lied the relevant standards in a reasonable fashion. It may not matter that the city acted <br /> reasonably if the city is unable to rove its actions through the public record. <br /> reaso y y P <br /> When creatinga record to support a zoning decision, <br /> form <br /> every city should be aware of Minnesota's 60-day More In .ation <br /> rule. Under Minn. Stat. § 15.99, a city must either Learn more about the 60-day rule in: <br /> approve or deny a written request related to zoning .„ _ <br /> pp , The 60 Day Rule Minn. Stat. <br /> within 60 days of the time it is submitted to the city. <br /> may extend the time period for an additional Sec. 15.99 <br /> The city y <br /> 60 days, but only if it does so in writing before <br /> expiration of the initial 60-day period. Under the rove 60- <br /> day rule, pp or den <br /> failure to a request within the statutory time period is deemed an <br /> Y a re q <br /> t i y p <br /> approval. So i 's vitally important that cities scrutinize applications as they come in the door to <br /> re all required information is resent, and then to process those applications in an <br /> first make sure q p <br /> expeditious manner. <br /> Holding a public hearing is an important component Something to Think About <br /> in developing the record. Public hearings are <br /> generallyrequired before the adoption of any zoning Under Minn. Stat.462.357, <br /> or amendment and before the ranting of subdivision 3, novice of the time, <br /> ordinanceg <br /> conditional use permits, or rezonings. place, and purpose of the hearing <br /> variances, <br /> must be published at least 10 days <br /> prior to the day of the hearing. If <br /> Public hearings should include a complete disclosure n area of five <br /> i proposed and a fair and open the decision affects a <br /> of what s being prop p acres or less, mailed notice may be <br /> assessment of the issues raised. A public hearing <br /> ' <br /> public required to property owners within <br /> should include an opportunity for the general p a 350-foot radius of the land in <br /> and interested parties to hear and see all the <br /> question. <br /> information and to ask relevant questions, provide <br /> p <br /> additional information, and express support or <br /> opposition. In order to help the public hearing <br /> 5 <br />