2019-10-23 EDA Special Meeting Packet

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RELEVANT LINKS: II. Statutory rights of legal nonconformities Minn. Stat. § 462.357, subd. In Minnesota, any legal nonconformity generally has a statutory right to 1e. continue. Specifically, legal nonconformities may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. These rights were once limited to repair and maintenance, but in 2004 the legislature afforded the rights to replacement, restoration or improvement but not expansion. A. Who benefits from nonconforming rights The rights of legal nonconformities attach to and benefit the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the continuance rights. B. Loss of nonconforming rights The right to continue a legal nonconformity can be lost if the use is discontinued or destroyed. 1. Discontinuance Minn. Stat. § 462.357 subd. There is an exception to continuance rights when a nonconforming use is 1e(a)(1). discontinued for more than one year. 2. Destruction Minn. Stat. § 462.357 subd. There is an exception to continuance rights when a nonconforming structure 1e(a)(2). is destroyed by more than 50% of its assessed market value, and no building permit is applied for within 180 days. This exception is known as the 50% rule and used to have greater impact before the 2004 legislature provided that applying for a building permit within 180 days of destruction defeats the exception. 3. Phasing out Minn. Stat. § 462.357 subd. Historically, the theory behind legal nonconformities was that the property 1c. would eventually comply with the zoning ordinance. The statutory right to continue was more limited, and cities could phase out nonconformities over time through a process called amortization. Current law prohibits amortization, except for adult uses. League of Minnesota Cities Information Memo: 9/5/2018 Land Use Nonconformities Page 2