HF 136

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; limiting local
government requirements for use of certain
nonconforming lots; amending Minnesota Statutes 2004,
section 462.357, subdivision 1e, as amended.

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

Section 1.

Minnesota Statutes 2004, section 462.357,
subdivision 1e, as amended by Laws 2005, First Special Session
chapter 1, article 2, section 146, is amended to read:

Subd. 1e.

Nonconformities.

(a) Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:

(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or

(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.

(b) Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.

(c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage
potential or increase the degree of obstruction to flood flows
in the floodway.

new text begin (d) A municipality must not make a permit or other approval
for use, development, or sale or other disposition of a
nonconforming lot or parcel of land dependent on the ownership
of the lot or parcel.
new text end