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(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market
<br />value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180
<br />days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit
<br />in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland
<br />district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of
<br />its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be
<br />increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the
<br />adjacent property or water body.
<br />(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by
<br />ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect
<br />the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to
<br />adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance.
<br />(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion
<br />of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance
<br />Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
<br />(d) Paragraphs (d) to (j) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local
<br />shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming
<br />lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland
<br />areas according to paragraphs (d) to (j).
<br />(e) A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances
<br />from lot size requirements, provided that:
<br />(1) all structure and septic system setback distance requirements can be met;
<br />(2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a
<br />public sewer; and
<br />(3) the impervious surface coverage does not exceed 25 percent of the lot.
<br />(f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a
<br />separate parcel of land for the purpose of sale or development, if it meets the following requirements:
<br />(1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification
<br />consistent with Minnesota Rules, chapter 6120;
<br />(2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment
<br />system consistent with Minnesota Rules, chapter 7080, and local government controls;
<br />(3) impervious surface coverage must not exceed 25 percent of each lot; and
<br />(4) development of the lot must be consistent with an adopted comprehensive plan.
<br />(g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more
<br />contiguous lots so they equal one or more conforming lots as much as possible.
<br />(h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland areas under a common ownership must
<br />be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under
<br />common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section
<br />115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer.
<br />(i) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall
<br />require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing
<br />setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed
<br />actions.
<br />(j) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets
<br />the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an
<br />adjacent parcel.
<br />Subd. 1f.Substandard structures. Notwithstanding subdivision 1e, Minnesota Rules, parts 6105.0351 to 6105.0550, may
<br />allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in
<br />the Lower Saint Croix National Scenic Riverway.
<br />Subd. 1g.Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing
<br />feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no
<br />later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots.
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