1.1 	A bill for an act
1.2 	relating to local government; limiting local
1.3 	government requirements for use of certain
1.4 	nonconforming lots; amending Minnesota Statutes 2004,
1.5 	section 462.357, subdivision 1e, as amended.
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, as amended by Laws 2005, First Special Session
1.9 	chapter 1, article 2, section 146, is amended to read:
1.10 		Subd. 1e.Nonconformities. (a) Any nonconformity,
1.11 	including the lawful use or occupation of land or premises
1.12 	existing at the time of the adoption of an additional control
1.13 	under this chapter, may be continued, including through repair,
1.14 	replacement, restoration, maintenance, or improvement, but not
1.15 	including expansion, unless:
1.16 	(1) the nonconformity or occupancy is discontinued for a
1.17 	period of more than one year; or
1.18 	(2) any nonconforming use is destroyed by fire or other
1.19 	peril to the extent of greater than 50 percent of its market
1.20 	value, and no building permit has been applied for within 180
1.21 	days of when the property is damaged.  In this case, a
1.22 	municipality may impose reasonable conditions upon a building
1.23 	permit in order to mitigate any newly created impact on adjacent
1.24 	property.
1.25 	(b) Any subsequent use or occupancy of the land or premises
2.1 	shall be a conforming use or occupancy.  A municipality may, by
2.2 	ordinance, permit an expansion or impose upon nonconformities
2.3 	reasonable regulations to prevent and abate nuisances and to
2.4 	protect the public health, welfare, or safety.  This subdivision
2.5 	does not prohibit a municipality from enforcing an ordinance
2.6 	that applies to adults-only bookstores, adults-only theaters, or
2.7 	similar adults-only businesses, as defined by ordinance.
2.8 	(c) Notwithstanding paragraph (a), a municipality shall
2.9 	regulate the repair, replacement, maintenance, improvement, or
2.10 	expansion of nonconforming uses and structures in floodplain
2.11 	areas to the extent necessary to maintain eligibility in the
2.12 	National Flood Insurance Program and not increase flood damage
2.13 	potential or increase the degree of obstruction to flood flows
2.14 	in the floodway.
2.15 	(d) A municipality must not make a permit or other approval
2.16 	for use, development, or sale or other disposition of a
2.17 	nonconforming lot or parcel of land dependent on the ownership
2.18 	of the lot or parcel.