SF 854

  1.1                          A bill for an act 
  1.2             relating to land use; precluding the termination of 
  1.3             lawful land uses by amortization; authorizing the city 
  1.4             of St. Louis Park to continue to enforce a certain 
  1.5             ordinance; amending Minnesota Statutes 1998, sections 
  1.6             394.21, by adding a subdivision; and 462.357, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 394.21, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [AMORTIZATION PROHIBITED.] Except as otherwise 
  1.12  provided in this subdivision, a county, regardless of 
  1.13  population, under this chapter or under a special or local law, 
  1.14  must not enact, amend, or enforce an ordinance providing for the 
  1.15  elimination or termination of a use by amortization which use 
  1.16  was lawful at the time of its inception unless a particular use 
  1.17  has been found to be a public nuisance under sections 617.80 to 
  1.18  617.87.  This subdivision does not apply to adults-only 
  1.19  bookstores, adults-only theaters, or similar adults-only 
  1.20  businesses, as defined by ordinance. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 462.357, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 1c.  [AMORTIZATION PROHIBITED.] Except as otherwise 
  1.24  provided in this subdivision, a municipality must not enact, 
  1.25  amend, or enforce an ordinance providing for the elimination or 
  1.26  termination of a use by amortization which use was lawful at the 
  2.1   time of its inception unless a particular use has been found to 
  2.2   be a public nuisance under sections 617.80 to 617.87.  This 
  2.3   subdivision does not apply to adults-only bookstores, 
  2.4   adults-only theaters, or similar adults-only businesses, as 
  2.5   defined by ordinance. 
  2.6      Sec. 3.  [CITY OF ST. LOUIS PARK.] 
  2.7      Notwithstanding section 2, the city of St. Louis Park may 
  2.8   enforce ordinance number 2039-95, amending the city code adding 
  2.9   section 14:7-4.1 (1995), adopted by the city on October 2, 1995, 
  2.10  relating to the amortization of a nonconforming ready-mix 
  2.11  facility. 
  2.12     Sec. 4.  [EFFECTIVE DATE.] 
  2.13     Sections 1 and 2 are effective the day after their final 
  2.14  enactment.  Section 3 is effective the day following final 
  2.15  enactment without local approval, as provided in Minnesota 
  2.16  Statutes, section 645.023.