Item 1 - Laserfiche WebLink

Home Browse Search

Land Use and Zoning—Legal Review Planning Commission Meeting May 13,2003 Page 14 • The Court of Appeals has held that in determining whether a non- conformed building or structure has been destroyed to an extent of 50% or more of its market value, a reviewing authority must consider the market value of the entire non-conforming use. Buss v.Johnson, 624 N.W.2d 781 (Minn.App.,2001). 5. Amortization. Prior to 2001, zoning ordinances often established an amortization period for pre-existing,non-conforming uses. These ordinances typically provided that at the expiration of the amortization period the use must cease. Courts typically upheld such amortization periods,holding that the adoption of an ordinance establishing an amortization period is a legislative act to which the courts should afford great deference,even when the amortization period was as short as two years. See AVR Inc. v.City of St. Louis Park, 585 N.W.2d 411 (Minn.App., 1998). However,the 2001 Legislature also addressed the issue of amortization,enacting Minn. Stat. §462.357, Subd. 1(c),which provides as follows: Except as otherwise provided in this subdivision, a municipality must not enact, amend or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision 411 does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. This statute also supercedes local zoning ordinances, and prohibits local government from amortizing out non-conforming uses, except those uses specified in the last sentence of the ordinance. B. Moratoria. 1. Authorization.Minn. Stat. §462.355 Subd. 4. Specifically authorizes the adoption of Moratoria,defined in the statute as "interim ordinances", as follows: If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in Section 462.352. Subdivision 15, or if new territory for which plans or controls have not been adopted is annexed to a municipality,the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may • regulate, restrict or prohibit any use, development, or