HF 1397

as introduced - 89th Legislature (2015 - 2016) Posted on 03/02/2015 01:31pm

A bill for an act
relating to local government; allowing amortization of certain facilities;
amending Minnesota Statutes 2014, section 462.357, subdivision 1c.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 462.357, subdivision 1c, is amended to read:

Subd. 1c.

Amortization prohibited new text begin ; exceptions new text end .

new text begin (a) new text end 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.

new text begin (b) new text end This subdivision does not apply to new text begin :
new text end

new text begin (1) new text end adults-only bookstores, adults-only theaters, or similar adults-only businesses, as
defined by ordinance deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a facility that requires a permit under section 116.07 and is located:
new text end

new text begin (i) within a half-mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination and near the junctions of several
heavily trafficked state, county, and municipal roads that carry both truck and auto traffic;
and
new text end

new text begin (ii) in a community where a majority of the population are low-income persons
of color and American Indians and a disproportionate percentage of the children have
childhood lead poisoning, asthma, or other environmentally related health problems.
new text end