7.6. SR 11-17-2014 - Laserfiche WebLink

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"Local restrictions typically prohibit expansion of nonconforming uses and structures. Nonconforming uses usually lose their legal status under local regulations if they are discontinued for a particular period of time, such as six months or a year. Nonconforming structures typically lose their legal status if they are destroyed, such as by fire, in whole or in part." (MRSC of Washington.) "Also known as a prior nonconforming use (P U), this exists when a zoning code is changed, but a parcel of land that is already being used for something disallowed by the new zoning code is 'grandfathered in' (is allowed to continue). For example, if a neighborhood zoning is changed to residential, a corner grocery store may be allowed to continue to operate. The PNU will generally end when the use of the land is changed (so If the grocery store closes, the new zoning code will bar a new store from moving in)." (Cornell Law School Legal Information Institute.) 6. These adverse consequences and restrictions adversely affect the value of the affected property. Should it become necessary, we are prepared to offer testimony by appraisers to the effect that a non-conforming property is less valuable than the same property that is legally conforming. 7. Other adverse conseguences may follow as well should this property become non-conforming. We are concerned that the property (a) becomes more difficult to finance, and (b) may be in violation of the owner's franchise agreement and (c) in conflict with state regulations governing the locations of car sales facilities. By example, Minnesota Statutes, Section 168.27 MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES provides that a new or used car dealer: 1i...must have an established place of business which shall include as a minimum... a commercial building owned or under lease by the licensee...." A "commercial building" is defined as: 3