Legal Question in Real Estate Law in Minnesota

Re: zoning, non-conforming use

I assume you mean that your current business is not a permitted or conditionally permitted use within the zoning district and that your use is a legal non-conforming use. Generally, the property does not lose non-conforming use status simply because it is sold. However, in addition to losing the non-conforming use status by failing to continually use the property in that way; you can also lose that status by changing or expanding the use.

There are some communities that treat non-conforming use and non-conforming structure (i.e. the use is permitted, but a building violates a set-back or other requirement) differently, and give less protection to uses than to structures. You should check with the zoning administrator of the community to confirm your particular situation.

If you disagree with the zoning administrator's treatment of your property, you can e-mail me directly at [email protected] with further questions.