3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to municipal planning; zoning; clarifying the 1.3 treatment of legal nonconforming uses; amending 1.4 Minnesota Statutes 2000, section 462.357, by adding a 1.5 subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2000, section 462.357, is 1.8 amended by adding a subdivision to read: 1.9 Subd. 1e. [NONCONFORMITIES.] Any nonconformity, including 1.10 the lawful use or occupation of land or premises existing at the 1.11 time of the adoption of an additional control under this 1.12 chapter, may be continued, including through repair or 1.13 maintenance, but if the nonconformity or occupancy is 1.14 discontinued for a period of more than one year, or any 1.15 nonconforming use is destroyed by fire or other peril to the 1.16 extent of greater than 50 percent of its market value, any 1.17 subsequent use or occupancy of the land or premises shall be a 1.18 conforming use or occupancy. A municipality may by ordinance 1.19 impose upon nonconformities reasonable regulations to prevent 1.20 and abate nuisances and to protect the public health, welfare, 1.21 or safety. This subdivision does not prohibit a municipality 1.22 from enforcing an ordinance that applies to adults-only 1.23 bookstores, adults-only theaters, or similar adults-only 1.24 businesses, as defined by ordinance.