HF 3300

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; modifying municipal and county planning and
zoning provisions; providing standards for interim ordinances; amending
Minnesota Statutes 2004, section 394.34; Minnesota Statutes 2005 Supplement,
section 462.355, subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 394.34, is amended to read:

394.34 INTERIM ZONING.

new text begin (a) new text end 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 new text begin , after public notice and hearing, new text end in order to protect the public
health, safety, and general welfare may adopt new text begin by a four-fifths vote of all of its members
new text end as an emergency measure new text begin , new text end 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. Such interim resolution shall be limited to one year from the
date it becomes effective deleted text begin and to one year to renewal thereafter deleted text end .

new text begin (b) An interim resolution may not halt, delay, or impede consideration of a use,
development, or subdivision for which a complete application is pending before the
county. The completeness of an application is determined by county ordinance. An
application deemed incomplete must be returned to the applicant with an explanation
detailing the incomplete portions.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, 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 new text begin by a four-fifths vote of all its members new text end an interim ordinance applicable to all
deleted text begin or part deleted text end 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.

new text begin (b) 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. The completeness of an application is determined by meeting the
requirements set forth in the municipal ordinance. 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

deleted text begin (b) deleted text end new text begin (c) new text end 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 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.