09-20-2018 Council and Advisory Boards Joint Meeting Packet

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5. Municipalities may by ordinance impose reasonable regulations upon nonconforniities to protect public health, safety and welfare. Minn Stat. § 462.357, subd. le. 6. The statutes provide that nonconformities may be continued, including through ` repair, replacement, restoration maintenance or improvement, but not including expansion' In a recent decision involving Isanti County, the court of appeals determined that adding more junk cars to a property constituted "expansion" of a nonconformity. This case may cause us to take a closer look at what the "nonconformity' is in any given case. 7. Minn Stat. § 462.357, subd.1(e) specifies that if a nonconforming use is discontinued for one year, or if any nonconforming use, building or structure is destroyed to the extent of 50% of its market value, any subsequent use shall be a conforming use, with a key exception a. For cities the exception applies to any nonconforming use. The statute allows such nonconfornity, even if destroyed by fire or other peril to the extent of 50% of its market value, to be rebuilt, as long as a building permit has been applied for within 180 days of when the property is damaged. A municipality may impose reasonable conditions upon a building peiinit in order to mitigate any newly created impact on adjacent property. E. Interim Use Permits. 1. An interim use permit is a temporary allowed use of property. 2. A zoning ordinance may but is not required to have provisions that authorize interim uses of property. 3. The statute is unclear on the breadth of authority under interim uses: does the authority allow the issuance of interim use permits for uses that are not otherwise allowed in a zonmg district, or does it simply allow for flexible application of quantitative standards of the ordinance? TV. ORDINANCE ADMINISTRATION AND PROCESSING OF APPLICATIONS A. Structure and Functions in Ordinance Administration 1 Zoning Administrator Duties. 18