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Office of the Revisor of Statutes

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.