HF 1670

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; modifying municipal
planning requirements for certain nonconformities;
amending Minnesota Statutes 2004, section 462.357,
subdivision 1e.

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

Section 1.

Minnesota Statutes 2004, section 462.357,
subdivision 1e, is amended to read:

Subd. 1e.

Nonconformities.

new text begin (a) new text end 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.

new text begin (b) new text end 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.

new text begin (c) Notwithstanding paragraph (a), a municipality shall:
new text end

new text begin (1) regulate nonconformities in floodplain, shoreland, and
wild and scenic river areas according to chapter 103F and rules
and ordinances adopted thereunder; and
new text end

new text begin (2) regulate the repair, replacement, maintenance,
improvement, or expansion of nonconformities in floodplain areas
consistent with the rules and regulations of the National Flood
Insurance Act of 1968 and the rules and regulations adopted
pursuant to the act, to maintain eligibility in the National
Flood Insurance Program.
new text end

new text begin (d) A municipality may regulate nonconformities by an
ordinance that is more stringent than the state standards under
chapter 103F and rules adopted thereunder and the National Flood
Insurance Program to reduce over time the problems caused by
nonconformities in floodplain, shoreland, and wild and scenic
river areas.
new text end