SF 859

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

A bill for an act
relating to local government; modifying municipal interim ordinance authority;
amending Minnesota Statutes 2008, section 462.355, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, 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.

(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. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
that has been given preliminary approval new text begin or any development, including, but not limited
to, feedlot construction or expansion that has been approved by a county board with
planning and zoning responsibilities under chapter 394 new text end , 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.