HF 519

CCR--HF0519A - 86th Legislature (2009 - 2010)

Posted on 01/15/2013 08:25 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 519 1.2A bill for an act 1.3relating to local government; regulating nonconforming lots in shoreland areas; 1.4amending Minnesota Statutes 2008, sections 394.36, subdivision 4, by adding a 1.5subdivision; 462.357, subdivision 1e. 1.6May 16, 2009 1.7The Honorable Margaret Anderson Kelliher 1.8Speaker of the House of Representatives 1.9The Honorable James P. Metzen 1.10President of the Senate 1.11We, the undersigned conferees for H. F. No. 519 report that we have agreed upon the 1.12items in dispute and recommend as follows: 1.13That the Senate recede from its amendments and that H. F. No. 519 be further 1.14amended as follows: 1.15Delete everything after the enacting clause and insert: 1.16    "Section 1. Minnesota Statutes 2008, section 394.36, subdivision 4, is amended to read: 1.17    Subd. 4. Nonconformities; certain classes of property. This subdivision 1.18applies to homestead and nonhomestead residential real estate and seasonal residential 1.19real estate occupied for recreational purposes. new text begin Except as otherwise provided by law, new text end a 1.20nonconformity, including the lawful use or occupation of land or premises existing at the 1.21time of the adoption of an official control under this chapter, may be continued, including 1.22through repair, replacement, restoration, maintenance, or improvement, but not including 1.23expansion. If the nonconformity or occupancy is discontinued for a period of more than 1.24one year, or any nonconforming building or structure is destroyed by fire or other peril 1.25to the extent of new text begin greater than new text end 50 percent of its new text begin estimated new text end market value, new text begin as indicated in new text end 1.26 new text begin the records of the county assessor at the time of damage, new text end and no building permit has 1.27been applied for within 180 days of when the property is damaged, any subsequent 1.28use or occupancy of the land or premises must be a conforming use or occupancy. If a 2.1nonconforming building or structure is destroyed by fire or other peril to the extent of new text begin new text end 2.2 new text begin greater than new text end 50 percent of its new text begin estimated new text end market value, new text begin as indicated in the records of the new text end 2.3 new text begin county assessor at the time of damage, new text end the board may impose reasonable conditions upon 2.4a new text begin zoning or new text end building permit in order to mitigate any newly created impact on adjacent 2.5property. new text begin or water body. When a nonconforming structure in the shoreland district with new text end 2.6 new text begin less than 50 percent of the required setback from the water is destroyed by fire or other new text end 2.7 new text begin peril to greater than 50 percent of its estimated market value, as indicated in the records new text end 2.8 new text begin of the county assessor at the time of damage, the structure setback may be increased if new text end 2.9 new text begin practicable and reasonable conditions are placed upon a zoning or building permit to new text end 2.10 new text begin mitigate created impacts on the adjacent property or water body. new text end 2.11    Sec. 2. Minnesota Statutes 2008, section 394.36, is amended by adding a subdivision 2.12to read: 2.13     new text begin Subd. 5. new text end new text begin Existing nonconforming lots in shoreland areas. new text end new text begin (a) This subdivision new text end 2.14 new text begin applies to shoreland lots of record in the office of the county recorder on the date of new text end 2.15 new text begin adoption of local shoreland controls that do not meet the requirements for lot size or lot new text end 2.16 new text begin width. A county shall regulate the use of nonconforming lots of record and the repair, new text end 2.17 new text begin replacement, maintenance, improvement, or expansion of nonconforming uses and new text end 2.18 new text begin structures in shoreland areas according to this subdivision. new text end 2.19 new text begin (b) A nonconforming single lot of record located within a shoreland area may be new text end 2.20 new text begin allowed as a building site without variances from lot size requirements, provided that: new text end 2.21 new text begin (1) all structure and septic system setback distance requirements can be met; new text end 2.22 new text begin (2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter new text end 2.23 new text begin 7080, can be installed or the lot is connected to a public sewer; and new text end 2.24 new text begin (3) the impervious surface coverage does not exceed 25 percent of the lot. new text end 2.25 new text begin (c) In a group of two or more contiguous lots of record under a common ownership, new text end 2.26 new text begin an individual lot must be considered as a separate parcel of land for the purpose of sale new text end 2.27 new text begin or development, if it meets the following requirements: new text end 2.28 new text begin (1) the lot must be at least 66 percent of the dimensional standard for lot width and new text end 2.29 new text begin lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; new text end 2.30 new text begin (2) the lot must be connected to a public sewer, if available, or must be suitable for new text end 2.31 new text begin the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, new text end 2.32 new text begin chapter 7080, and local government controls; new text end 2.33 new text begin (3) impervious surface coverage must not exceed 25 percent of each lot; and new text end 2.34 new text begin (4) development of the lot must be consistent with an adopted comprehensive plan. new text end 3.1 new text begin (d) A lot subject to paragraph (c) not meeting the requirements of paragraph (c) must new text end 3.2 new text begin be combined with the one or more contiguous lots so they equal one or more conforming new text end 3.3 new text begin lots as much as possible. new text end 3.4 new text begin (e) Notwithstanding paragraph (c), contiguous nonconforming lots of record new text end 3.5 new text begin in shoreland areas under a common ownership must be able to be sold or purchased new text end 3.6 new text begin individually if each lot contained a habitable residential dwelling at the time the lots came new text end 3.7 new text begin under common ownership and the lots are suitable for, or served by, a sewage treatment new text end 3.8 new text begin system consistent with the requirements of section 115.55 and Minnesota Rules, chapter new text end 3.9 new text begin 7080, or connected to a public sewer. new text end 3.10 new text begin (f) In evaluating all variances, zoning and building permit applications, or new text end 3.11 new text begin conditional use requests, the zoning authority shall require the property owner to address, new text end 3.12 new text begin when appropriate, storm water runoff management, reducing impervious surfaces, new text end 3.13 new text begin increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water new text end 3.14 new text begin supply capabilities, and other conservation-designed actions. new text end 3.15 new text begin (g) A portion of a conforming lot may be separated from an existing parcel as long new text end 3.16 new text begin as the remainder of the existing parcel meets the lot size and sewage system requirements new text end 3.17 new text begin of the zoning district for a new lot and the newly created parcel is combined with an new text end 3.18 new text begin adjacent parcel. new text end 3.19    Sec. 3. Minnesota Statutes 2008, section 462.357, subdivision 1e, is amended to read: 3.20    Subd. 1e. Nonconformities. (a) new text begin Except as otherwise provided by law, new text end any 3.21nonconformity, including the lawful use or occupation of land or premises existing at 3.22the time of the adoption of an additional control under this chapter, may be continued, 3.23including through repair, replacement, restoration, maintenance, or improvement, but 3.24not including expansion, unless: 3.25(1) the nonconformity or occupancy is discontinued for a period of more than one 3.26year; or 3.27(2) any nonconforming use is destroyed by fire or other peril to the extent of greater 3.28than 50 percent of its new text begin estimated new text end market value, new text begin as indicated in the records of the county new text end 3.29 new text begin assessor at the time of damage, new text end and no building permit has been applied for within 180 3.30days of when the property is damaged. In this case, a municipality may impose reasonable 3.31conditions upon a new text begin zoning or new text end building permit in order to mitigate any newly created impact 3.32on adjacent property. new text begin or water body. When a nonconforming structure in the shoreland new text end 3.33 new text begin district with less than 50 percent of the required setback from the water is destroyed by new text end 3.34 new text begin fire or other peril to greater than 50 percent of its estimated market value, as indicated in new text end 3.35 new text begin the records of the county assessor at the time of damage, the structure setback may be new text end 4.1 new text begin increased if practicable and reasonable conditions are placed upon a zoning or building new text end 4.2 new text begin permit to mitigate created impacts on the adjacent property or water body. new text end 4.3(b) Any subsequent use or occupancy of the land or premises shall be a conforming 4.4use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon 4.5nonconformities reasonable regulations to prevent and abate nuisances and to protect the 4.6public health, welfare, or safety. This subdivision does not prohibit a municipality from 4.7enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or 4.8similar adults-only businesses, as defined by ordinance. 4.9(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, 4.10replacement, maintenance, improvement, or expansion of nonconforming uses and 4.11structures in floodplain areas to the extent necessary to maintain eligibility in the National 4.12Flood Insurance Program and not increase flood damage potential or increase the degree 4.13of obstruction to flood flows in the floodway. 4.14 new text begin (d) Paragraphs (d) to (j) apply to shoreland lots of record in the office of the new text end 4.15 new text begin county recorder on the date of adoption of local shoreland controls that do not meet new text end 4.16 new text begin the requirements for lot size or lot width. A municipality shall regulate the use of new text end 4.17 new text begin nonconforming lots of record and the repair, replacement, maintenance, improvement, new text end 4.18 new text begin or expansion of nonconforming uses and structures in shoreland areas according to new text end 4.19 new text begin paragraphs (d) to (j). new text end 4.20 new text begin (e) A nonconforming single lot of record located within a shoreland area may be new text end 4.21 new text begin allowed as a building site without variances from lot size requirements, provided that: new text end 4.22 new text begin (1) all structure and septic system setback distance requirements can be met; new text end 4.23 new text begin (2) a Type 1 sewage treatment system consistent with Minnesota Rules, chapter new text end 4.24 new text begin 7080, can be installed or the lot is connected to a public sewer; and new text end 4.25 new text begin (3) the impervious surface coverage does not exceed 25 percent of the lot. new text end 4.26 new text begin (f) In a group of two or more contiguous lots of record under a common ownership, new text end 4.27 new text begin an individual lot must be considered as a separate parcel of land for the purpose of sale new text end 4.28 new text begin or development, if it meets the following requirements: new text end 4.29 new text begin (1) the lot must be at least 66 percent of the dimensional standard for lot width and new text end 4.30 new text begin lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; new text end 4.31 new text begin (2) the lot must be connected to a public sewer, if available, or must be suitable for new text end 4.32 new text begin the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, new text end 4.33 new text begin chapter 7080, and local government controls; new text end 4.34 new text begin (3) impervious surface coverage must not exceed 25 percent of each lot; and new text end 4.35 new text begin (4) development of the lot must be consistent with an adopted comprehensive plan. new text end 5.1 new text begin (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must new text end 5.2 new text begin be combined with the one or more contiguous lots so they equal one or more conforming new text end 5.3 new text begin lots as much as possible. new text end 5.4 new text begin (h) Notwithstanding paragraph (f), contiguous nonconforming lots of record in new text end 5.5 new text begin shoreland areas under a common ownership must be able to be sold or purchased new text end 5.6 new text begin individually if each lot contained a habitable residential dwelling at the time the lots came new text end 5.7 new text begin under common ownership and the lots are suitable for, or served by, a sewage treatment new text end 5.8 new text begin system consistent with the requirements of section 115.55 and Minnesota Rules, chapter new text end 5.9 new text begin 7080, or connected to a public sewer. new text end 5.10 new text begin (i) In evaluating all variances, zoning and building permit applications, or new text end 5.11 new text begin conditional use requests, the zoning authority shall require the property owner to address, new text end 5.12 new text begin when appropriate, storm water runoff management, reducing impervious surfaces, new text end 5.13 new text begin increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water new text end 5.14 new text begin supply capabilities, and other conservation-designed actions. new text end 5.15 new text begin (j) A portion of a conforming lot may be separated from an existing parcel as long as new text end 5.16 new text begin the remainder of the existing parcel meets the lot size and sewage treatment requirements new text end 5.17 new text begin of the zoning district for a new lot and the newly created parcel is combined with an new text end 5.18 new text begin adjacent parcel. new text end 5.19    Sec. 4. new text begin EFFECTIVE DATE. new text end 5.20 new text begin Sections 1 to 3 are effective the day following final enactment. new text end " 5.21Delete the title and insert: 5.22"A bill for an act 5.23relating to local government; regulating nonconforming lots in shoreland areas; 5.24amending Minnesota Statutes 2008, sections 394.36, subdivision 4, by adding a 5.25subdivision; 462.357, subdivision 1e." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Michael V. Nelson, Joe Mullery, Larry HowesSenate Conferees: (Signed) Ann Rest, Dick Day, Don Betzold 6.1 We request the adoption of this report and repassage of the bill. 6.2 House Conferees:(Signed) 6.3 ..... ..... 6.4 Michael V. Nelson Joe Mullery 6.5 ..... 6.6 Larry Howes 6.7 Senate Conferees:(Signed) 6.8 ..... ..... 6.9 Ann H. Rest Dick Day 6.10 ..... 6.11 Don Betzold