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2019-10-23 EDA Special Meeting Packet
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2019-10-23 EDA Special Meeting Packet
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10/28/2019 12:09:19 PM
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RELEVANT LINKS: <br />III.City role in administering nonconformities <br />The rights of legal nonconformities to continue does not depend on local <br />ordinance, and so a city often has little role administering nonconformities. <br />A landowner may assert their continuance rights in response to city <br />enforcement of a zoning ordinance. The burden in on the landowner to <br />establish their property qualifies for nonconforming rights. <br />A. Zoning ordinances <br />Some cities choose to address nonconformities in their zoning ordinance <br />either by merely codifying the statutory rights, or sometimes by setting up <br />systems to register legal nonconformities. If a zoning ordinance covers <br />nonconformities, cities should carefully review the ordinance provisions and <br />make sure they are consistent with the current state statute. <br />B. Expansion of nonconforming uses <br />The statutory right of legal nonconformities to continue specifically provides <br />that the right does not include expansion of the use. Because the state statute <br />does not define expansion, some cities choose to define expansion in the city <br />zoning ordinance. The definition could refer to any physical expansion of <br />the nonconforming use, or even intensifying the use. <br />C. Violation of other city ordinances <br />Minn. Stat. § 462.357 subd. <br />Despite their right to continue without complying with the current zoning <br />1d. <br />ordinance, it is important to keep in mind that all legal nonconformities must <br />generally comply with all other city ordinances, such as a nuisance <br />ordinance or a licensing ordinance. <br /> <br /> <br /> <br />League of Minnesota Cities Information Memo: 9/5/2018 <br />Land Use Nonconformities Page 3 <br />
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