HF 764

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to local government; requiring notice and public hearing before adopting
an interim ordinance; amending Minnesota Statutes 2008, sections 394.34;
462.355, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 394.34, is amended to read:

394.34 INTERIM ZONING.

If a county is conducting or in good faith intends to conduct studies within a
reasonable time, or has held or is holding a hearing for the purpose of considering a
comprehensive plan or official controls or an amendment, extension, or addition to either,
or in the event new territory for which no zoning may have been adopted, may be annexed
to a municipality, the board in order to protect the public health, safety, and general welfare
may adopt as an emergency measure a temporary interim zoning map or temporary interim
zoning ordinance, the purpose of which shall be to classify and regulate uses and related
matters as constitutes the emergency. deleted text begin Such interim resolution shall be limited to one year
from the date it becomes effective and to one year to renewal thereafter. deleted text end new text begin The board may
adopt the interim regulation only after a public hearing is held at least ten days after notice
is published in the official newspaper. The regulation is effective on the date stated in the
regulation or the date the regulation is adopted, whichever is later, and for as long as
stated in the regulation but not more than one year. An interim regulation may not halt,
delay, or impede a use, development, or subdivision for which a complete application is
pending before the county unless the county, at the public hearing to enact the interim
regulation, provides written findings documenting that the use would be a public nuisance,
as defined in section 561.01 or 617.81, subdivision 2, paragraph (a). The completeness of
the application is determined by county ordinance. An interim regulation cannot extend
the time deadline for agency action in section 15.99 with respect to a complete application
submitted to the county before the effective date of the regulation.
new text end

Sec. 2.

Minnesota Statutes 2006, 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) deleted text begin 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. deleted text end new text begin The municipality may adopt the ordinance only after a
public hearing held at least ten days after notice is published in the official newspaper.
The ordinance is effective on the date stated in the ordinance or the date the ordinance is
adopted, whichever is later.
new text end

(c) 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. deleted text begin 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. deleted text end 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 (d) An interim ordinance does not extend the time deadline for agency action in
section 15.99 with respect to any complete application submitted to the municipality
before the effective date of the interim ordinance. An interim ordinance may not halt,
delay, or impede consideration of a use, development, or subdivision for which a complete
application is pending before the municipality unless the municipality, at the public
hearing to enact the interim regulation, provides written findings documenting that the
use would be a public nuisance, as defined in section 561.01 or 617.81, subdivision 2,
paragraph (a). An application is complete if it meets the requirements for an application in
the municipal ordinance. Except as otherwise provided in section 15.99, an application
deemed incomplete must be returned to the applicant with an explanation detailing the
incomplete portions and providing an opportunity to correct the deficiency.
new text end