1.1 	A bill for an act
1.2 	relating to local government; modifying municipal
1.3 	planning requirements for certain nonconformities;
1.4 	amending Minnesota Statutes 2004, section 462.357,
1.5 	subdivision 1e.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 462.357,
1.8 	subdivision 1e, is amended to read:
1.9 		Subd. 1e.Nonconformities. (a) Any nonconformity,
1.10 	including the lawful use or occupation of land or premises
1.11 	existing at the time of the adoption of an additional control
1.12 	under this chapter, may be continued, including through repair,
1.13 	replacement, restoration, maintenance, or improvement, but not
1.14 	including expansion, unless:
1.15 	(1) the nonconformity or occupancy is discontinued for a
1.16 	period of more than one year; or
1.17 	(2) any nonconforming use is destroyed by fire or other
1.18 	peril to the extent of greater than 50 percent of its market
1.19 	value, and no building permit has been applied for within 180
1.20 	days of when the property is damaged.  In this case, a
1.21 	municipality may impose reasonable conditions upon a building
1.22 	permit in order to mitigate any newly created impact on adjacent
1.23 	property.
1.24 	(b) Any subsequent use or occupancy of the land or premises
1.25 	shall be a conforming use or occupancy.  A municipality may, by
2.1 	ordinance, permit an expansion or impose upon nonconformities
2.2 	reasonable regulations to prevent and abate nuisances and to
2.3 	protect the public health, welfare, or safety.  This subdivision
2.4 	does not prohibit a municipality from enforcing an ordinance
2.5 	that applies to adults-only bookstores, adults-only theaters, or
2.6 	similar adults-only businesses, as defined by ordinance.
2.7 	(c) Notwithstanding paragraph (a), a municipality shall:
2.8 	(1) regulate nonconformities in floodplain, shoreland, and
2.9 	wild and scenic river areas according to chapter 103F and rules
2.10 	and ordinances adopted thereunder; and 
2.11 	(2) regulate the repair, replacement, maintenance,
2.12 	improvement, or expansion of nonconformities in floodplain areas
2.13 	consistent with the rules and regulations of the National Flood
2.14 	Insurance Act of 1968 and the rules and regulations adopted
2.15 	pursuant to the act, to maintain eligibility in the National
2.16 	Flood Insurance Program.
2.17 	(d) A municipality may regulate nonconformities by an
2.18 	ordinance that is more stringent than the state standards under
2.19 	chapter 103F and rules adopted thereunder and the National Flood
2.20 	Insurance Program to reduce over time the problems caused by
2.21 	nonconformities in floodplain, shoreland, and wild and scenic
2.22 	river areas.