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§ 394-33
<br />Note 1
<br />as residential and agricultural, in view of hkeli.
<br />hex►d of success of plaintiffs and rtlative hard.
<br />ships to the parties. Berggren V. Town of Du.
<br />luth, 1981, 304 N.W.2d 24.
<br />If valid county ordinance toned sites as resi.
<br />dential and agricultural, town ordinance could
<br />not designate the same -sites as light industrial.
<br />Id.
<br />Under this section authorising governing body
<br />of any town to continue to exercise authunty to
<br />plan and zone after adoption of official controls
<br />for county by board of county commissioners,
<br />but providing that no town shall enact controls
<br />inconsistent with or less reatnctive than stern.
<br />dards prescribed in board's controis, zoning reg-
<br />ula60114 of towns are subject to, and are effec.
<br />tive only insofar as they are out inconsistent
<br />with, county regulations and standards must be
<br />consistently applied to same sites and not used
<br />merely as definitions for pamicular categories.
<br />Id.
<br />Any town with the power to zone may exercise
<br />that power for the purposes of shureland
<br />management and town shoreline zoning ordi-
<br />nances must be at least as restrictive as county
<br />ordinances thus effecuvely insuring tmplemenw-
<br />tion of the county aWndards and ubwating the
<br />need w adnantnter a -A eu(urce cuunty ordr
<br />394.34. Interim zoning
<br />-Note* of Decisions
<br />1. In general
<br />In abbence of exp lint expreasrun of cortrary
<br />purpose by legislature, munrctpallues, under
<br />gerwral principles cunfernng broud police pow•
<br />ern, have suthonty to adopt muratoriurn zoning
<br />ordinances of a limited duration provided they
<br />E
<br />PLANNING
<br />nances within towns. Op Atty.Gen., 441-11. the extent of 50 perten
<br />April 26, 1977. or prenuxs shall be a
<br />2. Enforcement
<br />County board is required to enforce town ton-
<br />ing ordinances only where the town has contract.
<br />ed with the county board for planning and on.
<br />foreemenl. Scirotca v. St. Louis County Bd. of
<br />Com'rs, 1f179, 281 N.W.Zd 60.
<br />3. County controls
<br />Although building permit issued by township
<br />was in violation of j 394.33 prohibiting township
<br />from enforcing land use controls leas restrictive
<br />than county controls, where owner acted in good
<br />faith in attempung to obtain the permit, made a
<br />substantial investment in the property, and com-
<br />pleted repairs before he was informed of their
<br />impropriety, county board of stilustment could
<br />nevertheless grunt a v,ruucce for renovation of a
<br />nonconforming taathouse depending upon
<br />whether nature of property was resi-
<br />denual/recreational or commercial, whether
<br />there were other similar structures on lake, and
<br />whether minimum benefits to county were out-
<br />weighed by detriment owner would stiffer if
<br />forced to remuve bunthouse. Appeal of Kenney,
<br />App.1984, 351E N.W.2d 12u, affirmed 374 N.W.2d
<br />27
<br />are enacted in good faith and without discrimma-
<br />tion. Aimquist v. Town of Marshan, 1976, 3ud
<br />Minn. 52, 245 N.W.2d 819.
<br />Where sufficient data is not available w cstab•
<br />lish a comprehensive plan for ahoreland areao of
<br />a county, the county board may establish rntenm
<br />zoning controls. Op.Atty.Gen., 983-S, July 28,
<br />1970.
<br />394.35. Filing with county recorder
<br />Upon the adoption of any ordinance or other official control including any maps or
<br />charm supplemented to or as part thereof, the county auditor shall file a certified copy
<br />thereof with the county recorder for record. Ordinances, resolutions, maps or regulations
<br />filed with the register of deeds or registrar of utlea pursuant to sections 394.21 to 394.37
<br />do not constitute encumbrances on real property.
<br />Amended by taws 1974, e. 571, 11 40; Laws 1976, c. 181. 1 2.
<br />1914 Amendment. Added the second sen. 1976 Amendment. Changed the title of reg-
<br />ister of deeds to county recorder.
<br />\ 394.36. Nonconforenitles
<br />Subdivision 1. Any nonconformity including the lawful use or occupation of land or
<br />premises existing at the time of Ule adoption of an official control hereuadt:- may be
<br />continued, except as regulated, terminated or acquired by the board as provided in
<br />subdivisions 2 or 3, although such use or occupation does not conform to the provisions
<br />thereof, but if such nonconformity or occupancy is discontinued for a period of more than
<br />one year, or any nonconforming building or structure is destroyed by fire or other peril to
<br />108
<br />Subd. 2. The board
<br />deems desirable or n
<br />extent of and provide
<br />including requiring not
<br />terminate within a reau
<br />ordinance impose up,
<br />signs, lighting, hours
<br />ing but not limited u.
<br />Subd. 3. A noncon
<br />achievement of the gc
<br />the board by purchase
<br />Amended by Laws 1974,
<br />1974 Amendment. i
<br />fornuty including" rasa
<br />inserted "or any nooa
<br />structure u destroyed b
<br />394.361. Official nicer
<br />Subdivision l L.u;
<br />sites for other necemi
<br />uses which could have
<br />the owners. When tit
<br />later only at prohibitiv
<br />the land. ldentificatii
<br />both the public and V.
<br />conveniently before 4i
<br />accomplish,
<br />Subd. 2. The platy
<br />board official maps a i
<br />rated area of the con
<br />thereto shall be held i
<br />and amended by ordit
<br />All official maps at
<br />future acquisition lie,.
<br />survey shall have bee
<br />The accuracy of the f
<br />by Ure county survc:
<br />accordance with sect,
<br />town clerk of each of
<br />Subd. 3. After an
<br />permits by the count
<br />street or highway is
<br />lands for otter pubip
<br />proceedings to pay fot
<br />conditions of a permit
<br />building line that maj
<br />thus identified for pi
<br />county any right, title
<br />adoptwn of a map de
<br />compensation for but
<br />violauun of the condil
<br />to buildings or struct
<br />/ , , -41
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