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6. Special Use Permits. Many older land use ordinances and some older League publications use the term "special use permit". There is no statutory authority for a special use permit, and courts will likely assume that a special use permit is in reality a conditional use permit and require that the processes for issuing a conditional use permit contained in M. S. § 462.3595 be followed. Wherever the term "special use" occurs it should be chanted in the ordinance to "conditional use". 7. Nonconforming Uses. State Law, M. S. § 462.357, Subd. 1c (enacted by Laws.2001, Chapter 174) now provides that "any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of-an-additional control under M. S. Chapter 462, maybe 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." The new law does provide that"a municipality may by ordinance impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety." The new law also provides that it "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." The ordinance should be changed to quote the above language and remove any conflicting language or requirements.. 8. Fee requirements. Most, if not all ordinances, now are inconsistent with many rovision8 of the`state law concernin fees,'M.`S." 462:353-, Subd.-4;'as amended by Laws 2001, Chapter 207. • A city may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to its land use regulations (zoning and subdivision regulations, official maps, etc.), an application for a permit, or some other approval required under its land use regulations. • These fees must be established by ordinance. • These fees must be "fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed. • Cities are required to "adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected". • If a dispute arises over a specific fee imposed by a city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court. An approved application would proceed as if the fee had been paid, pending a decision by the court. 4