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<br />. <br /> <br />limitations on their ability to exist over time and made their <br />eventual elimination more likely. <br /> <br />However, the 2001 and 2004 Legislatures have changed all that. <br /> <br />The 2001 Legislature adopted Minn. Stat. ~463.357, Subd. l(e), <br /> <br />which specifically governs non-conforming uses and preempts <br /> <br />local zoning ordinances with respect thereto. The 2004 Legislature <br /> <br />further amended this section to require municipalities to allow the <br /> <br />replacement and improvement of non-conforming uses. The <br /> <br />statute now provides as follows: <br /> <br />Any non-conformity, including the lawful use or <br /> <br />occupation of land or premises existing at the time <br /> <br />of the adoption of an additional control under this <br />chapter, may be continued, including through <br /> <br />repair, replacement, restoration, maintenance or <br /> <br />improvement, but not including expansion, unless: <br /> <br />1) the non-conformity or occupancy is discontinued <br /> <br />for a period of more than one year; or 2) any non- <br /> <br />conforming use is destroyed by fire or other peril to <br /> <br />the extent of greater than 50% of its market value, <br /> <br /> <br />and no building permit has been applied for within <br /> <br /> <br />one hundred eighty days of when the property is <br /> <br /> <br />damaged. In this case, a municipality may impose <br /> <br />. <br /> <br />. <br />