03/10/2021 P&Z Packet - Laserfiche WebLink

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18 5. Municipalities may by ordinance impose reasonable regulations upon nonconformities to protect public health, safety and welfare. Minn. Stat. § 462.357, subd. 1e. 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 nonconformity, 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 permit 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 zoning district, or does it simply allow for flexible application of quantitative standards of the ordinance? IV. ORDINANCE ADMINISTRATION AND PROCESSING OF APPLICATIONS A. Structure and Functions in Ordinance Administration 1. Zoning Administrator Duties.