1.1    .................... moves to amend H.F. No. 904, the second committee engrossment,
1.2as follows:
1.3Page 3, after line 16, insert:

1.4    "Sec. 4. Minnesota Statutes 2006, section 394.36, is amended by adding a subdivision
1.5to read:
1.6    Subd. 5. Ownership of nonconforming parcel not relevant. A county must not
1.7make a permit or other approval for use, development, or sale or other disposition of a
1.8nonconforming lot or parcel of land dependent on the ownership, or the relationship of
1.9the buyer to the seller, of the lot or parcel.

1.10    Sec. 5. Minnesota Statutes 2006, section 462.357, subdivision 1e, is amended to read:
1.11    Subd. 1e. Nonconformities. (a) Any nonconformity, including the lawful use or
1.12occupation of land or premises existing at the time of the adoption of an additional control
1.13under this chapter, may be continued, including through repair, replacement, restoration,
1.14maintenance, or improvement, but not including expansion, unless:
1.15    (1) the nonconformity or occupancy is discontinued for a period of more than one
1.16year; or
1.17    (2) any nonconforming use is destroyed by fire or other peril to the extent of greater
1.18than 50 percent of its market value, and no building permit has been applied for within
1.19180 days of when the property is damaged. In this case, a municipality may impose
1.20reasonable conditions upon a building permit in order to mitigate any newly created
1.21impact on adjacent property.
1.22    (b) Any subsequent use or occupancy of the land or premises shall be a conforming
1.23use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon
1.24nonconformities reasonable regulations to prevent and abate nuisances and to protect the
1.25public health, welfare, or safety. This subdivision does not prohibit a municipality from
2.1enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or
2.2similar adults-only businesses, as defined by ordinance.
2.3    (c) Notwithstanding paragraph (a), a municipality shall regulate the repair,
2.4replacement, maintenance, improvement, or expansion of nonconforming uses and
2.5structures in floodplain areas to the extent necessary to maintain eligibility in the National
2.6Flood Insurance Program and not increase flood damage potential or increase the degree
2.7of obstruction to flood flows in the floodway.
2.8    (d) A municipality must not make a permit or other approval for use, development,
2.9or sale or disposition of a nonconforming lot or parcel of land dependent on the ownership,
2.10or the relationship of the buyer to the seller, of the lot or parcel."
2.11Renumber the sections in sequence and correct the internal references
2.12Amend the title accordingly