1.1 	A bill for an act
1.2 	relating to counties; modifying nonconforming use provisions; amending 
1.3 	Minnesota Statutes 2004, section 394.36, subdivision 1.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 394.36, subdivision 1, is amended to read:
1.6 		Subdivision 1.Continuous or it ends. Except as provided in subdivision 2 or 3, any 
1.7 	nonconformity, including the lawful use or occupation of land or premises existing at the 
1.8 	time of the adoption of an official control hereunder  under this chapter, may be continued, 
1.9 	except as regulated, terminated or acquired by the board as provided in subdivisions 2 
1.10 	or 3, although such use or occupation does not conform to the provisions thereof, but 
1.11 	including through repair, replacement, restoration, maintenance, or improvement, but not 
1.12 	including expansion. If such nonconformity or occupancy is discontinued for a period 
1.13 	of more than one year, or any nonconforming building or structure is destroyed by fire 
1.14 	or other peril to the extent of 50 percent of its market value, and no building permit has 
1.15 	been applied for within 180 days of when the property is damaged, any subsequent 
1.16 	use or occupancy of the land or premises shall be a conforming use or occupancy. If a 
1.17 	nonconforming building or structure is destroyed by fire or other peril to the extent of 50 
1.18 	percent of its market value, the board may impose reasonable conditions upon a building 
1.19 	permit in order to mitigate any newly created impact on adjacent property.

1.20 	Sec. 2. EFFECTIVE DATE.
 1.21 	Section 1 is effective retroactively from August 1, 2004.