HF 3313

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to counties; authorizing interim use ordinances; amending Minnesota
Statutes 2006, section 394.26; proposing coding for new law in Minnesota
Statutes, chapter 394.

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

Section 1.

Minnesota Statutes 2006, section 394.26, is amended to read:

394.26 PUBLIC HEARINGS.

Subd. 1a.

When required.

In addition to public hearings required by section 375.51
prior to the adoption by ordinance of any comprehensive plan or amendments thereto
or of any official control or amendment thereto, public hearings shall be held before
any conditional use permit new text begin , interim use permit new text end , deleted text begin any deleted text end variance, deleted text begin and any deleted text end new text begin or new text end proposal for a
subdivision is approved or denied by the responsible authority, and in circumstances
where a public hearing is otherwise required by sections 394.21 to 394.37. Such public
hearings may be continued from time to time and additional hearings may be held.

Subd. 2.

Notice.

Notice of the time, place, and purpose of any public hearing shall
be given by publication in a newspaper of general circulation in the town, municipality, or
other area concerned, and in the official newspaper of the county, at least ten days before
the hearing, except that notice of public hearings in connection with the adoption by
ordinance of any comprehensive plan or amendments thereto or adoption or amendment of
any official controls shall be given in the manner provided by section 375.51, subdivision
2. In addition to the requirements of section 375.51, subdivision 2, written notice of public
hearings on all official controls and amendments thereto shall be sent to the governing
bodies of all towns and all municipalities located within the county. Written notice
of public hearings regarding the application of official controls to specific properties,
including but not limited to conditional uses, variances, new text begin interim uses, new text end zoning regulations,
and subdivision regulations, shall be sent to all property owners of record within 500 feet
of the affected property in incorporated areas. In unincorporated areas, the written notice
shall be sent to property owners as follows:

(a) in the case of variances, to owners of record within 500 feet of the affected
property;

(b) in the case of conditional uses new text begin and interim uses new text end , to owners of record within
one-quarter mile of the affected property or to the ten properties nearest to the affected
property, whichever would provide notice to the greatest number of owners;

(c) in the case of all other official controls, including but not limited to zoning
regulations and subdivision regulations, to owners of record within one-half mile of the
affected property.

Written notice shall also be given to the affected board of town supervisors, and the
municipal council of any municipality within two miles of the affected property.

Subd. 3a.

Who runs hearing.

The board may assign responsibility to conduct
public hearings for one or more purposes to the planning commission, board of adjustment
or any official or employee of the county, except as provided in section 375.51.

Sec. 2.

new text begin [394.303] INTERIM USES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin An "interim use" is a temporary use of property until a
particular date, until the occurrence of a particular event, or until zoning regulations
no longer permit it.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Zoning regulations may permit the governing body to allow
interim uses. The regulations may set conditions on interim uses. The governing body
may grant permission for an interim use of property if:
new text end

new text begin (1) the use conforms to the zoning regulations;
new text end

new text begin (2) the date or event that will terminate the use can be identified with certainty;
new text end

new text begin (3) permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
new text end

new text begin (4) the user agrees to any conditions that the governing body deems appropriate
for permission of the use.
new text end

new text begin Any interim use may be terminated by a change in zoning regulations.
new text end

new text begin Subd. 3. new text end

new text begin Public hearings. new text end

new text begin Public hearings on the granting of interim use permits
shall be held in the manner provided in section 394.26.
new text end