2005 Minnesota Statutes

     394.36 Nonconformities. 

    Subdivision 1.    Continuous or it ends.  Any 
 nonconformity including the lawful use or occupation of land or 
 premises existing at the time of the adoption of an official 
 control hereunder may be continued, except as regulated, 
 terminated or acquired by the board as provided in subdivisions 
 2 or 3, although such use or occupation does not conform to the 
 provisions thereof, but if such nonconformity or occupancy is 
 discontinued for a period of more than one year, or any 
 nonconforming building or structure is destroyed by fire or 
 other peril to the extent of 50 percent of its market value, any 
 subsequent use or occupancy of the land or premises shall be a 
 conforming use or occupancy.  

    Subd. 1a.    Substandard structures.  Notwithstanding 
 subdivision 1, Minnesota Rules, parts 6105.0351 to 6105.0550, 
 may allow for the continuation and improvement of substandard 
 structures, as defined in Minnesota Rules, part 6105.0354, 
 subpart 30, in the Lower Saint Croix National Scenic Riverway. 

    Subd. 2.    Regulations.  The board may by ordinance 
 adopt such regulations not contrary to law as it deems desirable 
 or necessary to classify, regulate and control, reduce the 
 number or extent of and provide for the gradual elimination of 
 nonconformities and occupancies, including requiring 
 nonconformities to conform with the official controls of the 
 county or terminate within a reasonable time as specified in the 
 official controls.  The board may by ordinance impose upon 
 nonconformities additional regulations relating to appearance, 
 signs, lighting, hours of operation and other aesthetic 
 performance characteristics including but not limited to noise, 
 heat, glare, vibrations and smoke.  

    Subd. 3.    May buy if detrimental.  A nonconformity 
 that is determined by the board to be detrimental to the 
 achievement of the goals and objectives of the comprehensive 
 plan may be acquired by the board by purchase.  

    HIST: 1959 c 559 s 16; 1974 c 571 s 41-43; 2002 c 366 s 5