Minnesota Administrative Rules

2400.3005 GENERAL PROHIBITION; AUTHORITY TO CONTINUE.

A nonconforming use or structure may continue, subject to items A to E.

A.

Nonconforming uses and structures that were not lawfully in existence on January 5, 2010, are prohibited.

B.

If nonconforming use of land ceases for any reason for a period of three months or more, any subsequent use of the land must conform to this chapter.

C.

If a nonconforming use of structure and land in combination is discontinued or ceases to exist for 12 consecutive months or for 18 months during a three-year period, the structure and land must thereafter conform to this chapter.

D.

If a nonconforming structure is destroyed by any means to an extent of more than 60 percent of its replacement cost, exclusive of the foundation at the time of destruction, it may not be reconstructed except in conformity with this chapter.

E.

If a structure is moved for any reason or for any distance, it must conform to the rules for the district in which it is located after it is moved.

Statutory Authority:

MS s 15B.06

History:

34 SR 900

Published Electronically:

January 15, 2010