Key: (1) language to be deleted (2) new language
CHAPTER 174-H.F.No. 1507
An act relating to municipal planning; zoning;
clarifying the treatment of legal nonconforming uses;
amending Minnesota Statutes 2000, section 462.357, by
adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 462.357, is
amended by adding a subdivision to read:
Subd. 1e. [NONCONFORMITIES.] 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 or
maintenance, but if the nonconformity or occupancy is
discontinued for a period of more than one year, or any
nonconforming use is destroyed by fire or other peril to the
extent of greater than 50 percent of its market value, any
subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy. A municipality may by ordinance
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.
Presented to the governor May 23, 2001
Signed by the governor May 24, 2001, 2:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes