Agenda Packet Cc - regular meeting 6/27/1988

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PLANNING Op.Atty.Gen., 441-1f, required to enforce town zon- e where the town has contract. Y board for planning and en. ca v. St. Louts County fad. of N. W.2d 659. ig permit issued by township 6 394.33 prohibiting township d use controls leas restrictive Is, where owner acted in good to obtain the permit, made a tent to the property, and com- ire he was informed of their Y board of adjustment could a variance for renovation of a nathouse depending upon Of property was rest - or commercial, whether milar structures on lake, and benefits to county were out. tent owner would suffer if tathouse. Appeal of Kenney 2d 120, affirmed 374 N.W.2d faith and without discrimina- own of Marshan, 1976, 308 !d 819. lata is not available to eatyb plan for shoreland area& of board may establish interim ).Atty Gen., 993-S, July 28. ;)I including any maps or Ighall file a certified copy Itions, maps or regulations ` sections 394.21 to 394.37 . Changed the tide of reg. inty recorder. or occupation of In td or introl hereunder may be he hoard as provided in •nnform to the provisions for it perind of more than d by fire or other peril te PLANNING § 394.361 the extent of 50 percent of its market value, any subsequent use or occupancy of the land or premises she" be a conforming use or occupancy. Subd. 2. Th )card may by ordinance adopt such regulations not contrary to law as it deems desirable or necessary to classify, regulate and control, reduce the number or extent of and provide for the gradual elirnination of nonconfurmities and occupancies, including requiring noncon form i ties to conform with the official controls of the county or terminate within a reasonable time as specified in the official controls. The board may by ordinance impose upon nonconformities additional regulations relating to appearance, signs, lighting, hours of operation and other esthe_ic performance characteristics includ- ing but not limited to noise, heat, glare, vibrations and smoke. Subd. 3. A nonconformity that is determined by the board to be detrimental to the achievement of the goals and objectives of the comprehensive plan may be acquired by the board by purchase. Amended by LAwe 1974, c. 571, 44 41 to 43. 1974 Amendment. Insert.d "any noncon- formity including" inserted the exception and inserted "or any nonconforming building or structure is destroyed by fire or other peril to 394.361. Offlclal map the extent of 60 percent of its market value," in subd. 1; rewrote subd. 2; and added subd. 3. For former text see main volume. Subdivision 1. Land that is needed for future street and highway purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which could have been located on other lands without hardship or inconvenience to the owners. Wnen this happens, public uses of land may be denied or may be obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on official maps of land needed for future public uses permits both the public and private property owners to adjust their building plans equitab!y and conveniently before investments are made which will make such adjustments difficult to accomplish. Subd. 2. The planning commission may develop and recommend for adoption by the board official maps and amendments thereto covering all or any portion of the unincorpo- rated area of the county. Public hearings on proposed official maps and amendments thereto shall be held in accordance with section 394.26. The official map may be adopted and amended by ordinance by the board. All official maps shall be prepared in sufficient detail to permit the establishment of future acquisition litres on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the official map. The accuracy of die future acquisition lines shown on the official map shall be attested to by the county surveyor. Copts of official maps and amendments shall be filed in accordance with section 394.35. One copy of the official map shall be furnished to the town clerk of each affected town. Subd. 3. After an official map has been adopted and filed, the issuance of building permits by the county shall be subject to the provisions of this section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for other public purposes are acquired by the county, it is not required in such proceedings to pay for any building or structure placed without a permit or in violaUon cf conditions of a permit within the limits of the mapped street or highway or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of official maps does not give the county any nght, title or interest in areas identified for public purposes thereon, but the adoption of a map does authorize the county to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or to violation of the conditions of a permit. The provisions of this subdivision shall not apply to buildings or structures in existence prior to the filing of the official map. 109