HF 4122

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

A bill for an act
relating to taxes; property; limiting the market value on certain property;
providing that ownership of certain property is not relevant for certain purposes;
amending Minnesota Statutes 2004, sections 273.11, by adding a subdivision;
394.36, by adding a subdivision; Minnesota Statutes 2005 Supplement, section
462.357, subdivision 1e.

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

Section 1.

Minnesota Statutes 2004, section 273.11, is amended by adding a
subdivision to read:

new text begin Subd. 23. new text end

new text begin Market value of certain nonconforming parcels. new text end

new text begin If the owner
of a nonconforming parcel of land purchases an adjacent parcel of land that is also
nonconforming, the total estimated market value of the land of the two parcels combined
for the subsequent assessment year shall not exceed the current year's estimated market
value of land of the higher valued nonconforming parcel. The estimated market value
of either parcel of land must not be increased in subsequent assessment years until
more than 50 percent of the parcels, which are shoreland within the meaning of section
103F.205, and which border the lake on which these parcels are located are conforming
parcels. For purposes of this section, "nonconforming" shall have the same meaning as
"nonconformity" in section 394.22, subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for assessment year 2008 and
thereafter.
new text end

Sec. 2.

Minnesota Statutes 2004, section 394.36, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Ownership of lot or parcel not relevant. new text end

new text begin A county shall not refuse to
issue a permit for construction of a single-family residence based upon the common
ownership of a contiguous nonconforming lot or parcel, provided that contiguous
nonconforming lots or parcels under the same ownership contain no more than three
residential structures. A conforming lot or parcel of land shall retain its conforming
status regardless of the ownership of title to an adjoining nonconforming lot or parcel
of land. Nothing in this subdivision shall be construed to prohibit the application of
other applicable statutes, ordinances, or regulations in furtherance of health, safety, or
welfare, nor allow an increase in the nonconformity of a lot or parcel. A county shall not
prohibit the sale of a residential lot based upon the common ownership of a contiguous
nonconforming lot or parcel. This subdivision applies to lots and parcels defined as
shoreland within the meaning of section 103F.205.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective from July 1, 2006, to December
31, 2007.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 462.357, subdivision 1e, 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 shall not refuse to issue a permit for construction of
a single-family residence based upon the common ownership of a contiguous
nonconforming lot or parcel, provided that contiguous nonconforming lots or parcels
under the same ownership contain no more than three residential structures. A conforming
lot or parcel of land shall retain its conforming status regardless of the ownership of title
to an adjoining nonconforming lot or parcel of land. Nothing in this subdivision shall be
construed to prohibit the application of other applicable statutes, ordinances, or regulations
in furtherance of health, safety, or welfare, nor allow an increase in the nonconformity
of a lot or parcel. A municipality shall not prohibit the sale of a residential lot or parcel.
This subdivision applies to lots and parcels defined as shoreland within the meaning
of section 103F.205.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective from July 1, 2006, to December
31, 2007.
new text end