HF 2021

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to zoning; providing certain limitations on 
  1.3             municipal interim ordinances; amending Minnesota 
  1.4             Statutes 2002, section 462.355, subdivision 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 462.355, 
  1.7   subdivision 4, is amended to read: 
  1.8      Subd. 4.  [INTERIM ORDINANCE.] If a municipality is 
  1.9   conducting studies or has authorized a study to be conducted or 
  1.10  has held or has scheduled a hearing for the purpose of 
  1.11  considering adoption or amendment of a comprehensive plan or 
  1.12  official controls as defined in section 462.352, subdivision 15, 
  1.13  or if new territory for which plans or controls have not been 
  1.14  adopted is annexed to a municipality, the governing body of the 
  1.15  municipality may adopt an interim ordinance applicable to all or 
  1.16  part of its jurisdiction for the purpose of protecting the 
  1.17  planning process and the health, safety and welfare of its 
  1.18  citizens.  The interim ordinance may regulate, restrict or 
  1.19  prohibit any use, development, or subdivision within the 
  1.20  jurisdiction or a portion thereof for a period not to exceed one 
  1.21  year from the date it is effective, and may be extended for such 
  1.22  additional periods as the municipality may deem appropriate, not 
  1.23  exceeding a total additional period of 18 months.  No interim 
  1.24  ordinance may halt, delay, or impede a subdivision which has 
  1.25  been given preliminary approval, nor may any interim ordinance 
  2.1   extend the time deadline for agency action set forth in section 
  2.2   15.99 with respect to any application filed prior to the 
  2.3   effective date of the interim ordinance.  An interim ordinance 
  2.4   may not prohibit or limit an existing and otherwise legally 
  2.5   permissible use of land.  This subdivision does not prohibit the 
  2.6   denial of a subdivision or application that fails to meet the 
  2.7   applicable standards for approval.