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CHAPTER 15 • Amortization or phasing-out of nonconforming uses is now generally Minn.Stat.§462.357,subd.lc. prohibited in Minnesota. A municipality must not enact, amend or enforce an ordinance providing for the elimination or termination of a use by amortization for a use which use was lawful at the time of its inception. This Jake's,Ltd.,Inc.v.City of prohibition does not apply to adults-only bookstores, adults-only theaters or Coates,284 F.3d 884(8'°Cir. similar adults-only businesses, as defined by ordinance.Nor does it prohibit a 2002). municipality from enforcing an ordinance providing for the prevention or Minn.Stat.§462.357,suhd.Id. abatement of nuisances, or eliminating a use determined to be a public nuisance without payment of compensation. County of Freeborn v.Claussen, While nonconformities must be allowed to continue, a zoning ordinance may 295 Mum.96,203 N.W.2d 323 generally prohibit them from being expanded, extended or rebuilt, thereby (1972). placing restrictions and limitations on their ability to exist over time and making their eventual elimination more likely. But any such restrictions on nonconformities are specifically limited by state statute. Minn.Stat.§462.357,subd.1 e. Any nonconformities, including the lawful use or occupation of land or premises existing at the time of an amendment to the zoning ordinance,may be continued through repair,replacement,restoration,maintenance, improvement,but not including expansion,unless: (1)The nonconformity or occupancy is discontinued for a period of more than one year; or (2)Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value,and no building permit has been applied for within 180 days of when the property is damaged. In this case a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Mtnn.Stat.§462.357,subd. le. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may,by ordinance,permit an expansion or impose reasonable regulations to prevent and abate nuisances and to protect the public health,welfare or safety. The statute does not prohibit a municipality from enforcing an ordinance that applies to adults- only bookstores,adults-only theaters or similar adults-only businesses, as defined by ordinance. Minn. Stat.§462.357,subd. If. Notwithstanding statutory restrictions on nonconformities,Minnesota Rules Minn.R.pts.6105.0351 to may allow for the continuation and improvement of substandard structures in 6105 0550. the Lower Saint Croix National Scenic Riverway. 15-22 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004