SF 2251

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to zoning; providing for continuance of 
  1.3             certain nonconforming uses or occupancies; amending 
  1.4             Minnesota Statutes 2002, section 462.357, subdivision 
  1.5             1e. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 462.357, 
  1.8   subdivision 1e, is amended 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 improvement, 
  1.13  repair, replacement, restoration, or maintenance, but if unless 
  1.14  the nonconformity or occupancy is discontinued for a period of 
  1.15  more than one year, or any nonconforming use is destroyed by 
  1.16  fire or other peril to the extent of greater than 50 percent of 
  1.17  its market value, and no improvement, repair, replacement, 
  1.18  restoration, or maintenance has commenced within the year.  Any 
  1.19  subsequent use or occupancy of the land or premises shall be a 
  1.20  conforming use or occupancy.  A municipality may by ordinance 
  1.21  impose upon nonconformities reasonable regulations to prevent 
  1.22  and abate nuisances and to protect the public health, welfare, 
  1.23  or safety.  This subdivision does not prohibit a municipality 
  1.24  from enforcing an ordinance that applies to adults-only 
  1.25  bookstores, adults-only theaters, or similar adults-only 
  2.1   businesses, as defined by ordinance.