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RELEVANT LINKS: LMC information memo, Land Use Nonconjormities. Minn, stat. $ 462.357, sub. le. IV. Nonconformities Nonconformities are uses, structures, or lots that do not comply with the current zoning ordinance. A. Legal nonconformities Legal nonconformities are those that were legal when the zoning ordinance or amendment was adopted, in that they complied with preexisting ordinance and law. The rights of legal nonconformities are often referred to as grandfather rights. Legal nonconformities generally have a statutory right to continue unless: • the use is discontinued for more than one year, or • the structure is destroyed by more than 50% of its assessed market value, and no building permit is applied for within 180 days. Legal nonconformities may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. There is a limitation to the continuance rights for nonconformities in National Flood Insurance Program (NFIP) floodplain areas. Despite their right to continue without complying with the current zoning ordinance, it is important to keep in mind that all legal nonconformities must generally comply with other city ordinances, such as a nuisance ordinance or a licensing ordinance. B. Non -legal conformities In contrast to legal nonconformities, non -legal nonconformities are those that were not permitted when established and they do not have the rights associated with legal nonconformities. Before assuming a particular nonconformity is entitled to the statutory right to continue, it is important to consider whether the nonconformity ever complied with existing ordinance or law. Historically, the theory behind legal nonconformities was that the property 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. Furthermore, the nonconformity could not be upgraded or replaced, and nonconforming rights would cease if the nonconformity was discontinued or destroyed. But in 2001, the legislature prohibited amortization, except for adult uses. And in 2004, the legislature both altered the rule about destruction and afforded nonconformities the right to replacement, restoration or improvement, but not expansion. Cities should review their ordinance provisions concerning nonconformities and make sure they are consistent with the current state statute. League of Minnesota Cities Information Memo: 6/1 /2011 Zoning Decisions Page 6