HF 330

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2018 12:20pm

A bill for an act
relating to local government; requiring at least a two-thirds vote of a quorum to
impose an interim ordinance relating to housing; requiring a public hearing after
ten-day notice before imposing an interim ordinance relating to housing; amending
Minnesota Statutes 2016, section 462.355, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 462.355, subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

(a) If a municipality is conducting studies or has authorized
a study to be conducted or has held or has scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or official controls as defined in section
462.352, subdivision 15, or if new territory for which plans or controls have not been adopted
is annexed to a municipality, the governing body of the municipality may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health, safety and welfare of its citizens. The interim ordinance may regulate,
restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective.

(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before the
interim ordinance takes effect.

new text begin (c)(1) A statutory or home rule charter city may adopt an interim ordinance that regulates,
restricts, or prohibits a housing proposal only if the ordinance is approved by at least
two-thirds of city council members present and voting on the interim ordinance.
new text end

new text begin (2) Before adopting the interim ordinance, the city council must hold a public hearing
after providing written notice to any person who has submitted a housing proposal, has a
pending housing proposal, or has provided a written request to be notified of interim
ordinances related to housing proposals. The written notice must be provided at least three
business days before the public hearing. Notice also must be posted on the city's official
Web site, if the city has an official Web site.
new text end

new text begin (3) The date of the public hearing shall be the earlier of the next regularly scheduled
city council meeting after the notice period or within 10 days of the notice.
new text end

new text begin (4) The activities proposed to be restricted by the proposed interim ordinance may not
be undertaken before the public hearing.
new text end

new text begin (5) For the purposes of this paragraph, "housing proposal" means a written request for
city approval of a project intended primarily to provide residential dwellings, either single
family or multi-family, and involves the subdivision or development of land or the
demolition, construction, reconstruction, alteration, repair, or occupancy of residential
dwellings.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The period of an interim ordinance applicable to an area that is affected by a city's
master plan for a municipal airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total additional period of 18 months.
In all other cases, no interim ordinance may halt, delay, or impede a subdivision that has
been given preliminary approval, nor may any interim ordinance extend the time deadline
for agency action set forth in section 15.99 with respect to any application filed prior to the
effective date of the interim ordinance. The governing body of the municipality may extend
the interim ordinance after a public hearing and written findings have been adopted based
upon one or more of the conditions in clause (1), (2), or (3). The public hearing must be
held at least 15 days but not more than 30 days before the expiration of the interim ordinance,
and notice of the hearing must be published at least ten days before the hearing. The interim
ordinance may be extended for the following conditions and durations, but, except as
provided in clause (3), an interim ordinance may not be extended more than an additional
18 months:

(1) up to an additional 120 days following the receipt of the final approval or review by
a federal, state, or metropolitan agency when the approval is required by law and the review
or approval has not been completed and received by the municipality at least 30 days before
the expiration of the interim ordinance;

(2) up to an additional 120 days following the completion of any other process required
by a state statute, federal law, or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for interim ordinances proposed on or
after August 1, 2017.
new text end