SF 1818

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; limiting local government requirements for use of
certain nonconforming lots; amending Minnesota Statutes 2006, sections 394.36,
by adding a subdivision; 462.357, subdivision 1e.

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

Section 1.

Minnesota Statutes 2006, section 394.36, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Ownership of nonconforming parcel not relevant. new text end

new text begin A county must not
make a permit or other approval for use, development, or sale or other disposition of a
nonconforming lot or parcel of land dependent on the ownership, or the relationship of
the buyer to the seller, of the lot or parcel.
new text end

Sec. 2.

Minnesota Statutes 2006, 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 must not make a permit or other approval for use, development,
or sale or disposition of a nonconforming lot or parcel of land dependent on the ownership,
or the relationship of the buyer to the seller, of the lot or parcel.
new text end