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land Use and Zoning - legal Review Planning Commission Meeting May 13, 2003 Page 13 v. City of Minneapolis, 441 N.W.2d 781 (Minn., 1989). The fact that a city has previously granted other permits in conflict with the terms of its zoning ordinances will also generally not estop the city in subsequent cases from denying similar permits. Arcadia Development Corp. v. City of Bloomington, 267 Minn. 221, 125 N.W.2d 846 (1964). 4. Nonconforming uses. Nonconforming uses are uses that were legally in effect prior to the adoption or amendment of a zoning ordinance and, in recognition of the landowner's property rights, are allowed to continue even though such uses are subsequendy prohibited. The reason for identifying nonconforming uses in a zoning ordinance is to secure the gradual or eventual elimination of nonconforming uses. Besides being allowed to remain in effect, nonconforming uses also escape requirements subsequendy enacted, such as setback requirements. Although these uses must be allowed to continue, zoning ordinances may prohibit them from being expanded or rebuilt, which places restrictions and limitations on their ability to exist over time and makes their eventual elimination more likely. Prior to 2001, municipalities had some flexibility in how they regulated non-conforming uses. However, the 2001 legislature adopted Minn. Stat. ~463.357, Subd. 1 (e), which specifically governs non-conforming uses and preempts local zoning ordinances with respect thereto. The statute provides as follows: Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the non-conformity or occupancy is discontinued for a period of more than one year, or any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may by ordinance impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision 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. This statutes supercedes local zoning ordinances which are inconsistent therewith. Therefore, it is recommended that local ordinances be amended to comply with this legislation.