HF 3027

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

A bill for an act
relating to counties; modifying nonconforming use provisions; amending
Minnesota Statutes 2004, section 394.36, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 394.36, subdivision 1, is amended to read:

Subdivision 1.

Continuous or it ends.

new text begin Except as provided in subdivision 2 or 3, new text end any
nonconformity new text begin , new text end including the lawful use or occupation of land or premises existing at the
time of the adoption of an official control deleted text begin hereunder deleted text end new text begin under this chapter, new text end may be continued,
deleted text begin except as regulated, terminated or acquired by the board as provided in subdivisions 2
or 3, although such use or occupation does not conform to the provisions thereof, but
deleted text end new text begin including through repair, replacement, restoration, maintenance, or improvement, but not
including expansion. new text end If such nonconformity or occupancy is discontinued for a period
of more than one year, or any nonconforming building or structure is destroyed by fire
or other peril to the extent of 50 percent of its market value, new text begin and no building permit has
been applied for within 180 days of when the property is damaged, new text end any subsequent
use or occupancy of the land or premises shall be a conforming use or occupancy. new text begin If a
nonconforming building or structure is destroyed by fire or other peril to the extent of 50
percent of its market value, the board may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent property.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective retroactively from August 1, 2004. new text end