2nd Engrossment - 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 and on nonconformities; 1.4 amending Minnesota Statutes 2002, sections 462.355, 1.5 subdivision 4; 462.357, subdivision 1e. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 462.355, 1.8 subdivision 4, is amended to read: 1.9 Subd. 4. [INTERIM ORDINANCE.] If a municipality is 1.10 conducting studies or has authorized a study to be conducted or 1.11 has held or has scheduled a hearing for the purpose of 1.12 considering adoption or amendment of a comprehensive plan or 1.13 official controls as defined in section 462.352, subdivision 15, 1.14 or if new territory for which plans or controls have not been 1.15 adopted is annexed to a municipality, the governing body of the 1.16 municipality may adopt an interim ordinance applicable to all or 1.17 part of its jurisdiction for the purpose of protecting the 1.18 planning process and the health, safety and welfare of its 1.19 citizens. The interim ordinance may regulate, restrict or 1.20 prohibit any use, development, or subdivision within the 1.21 jurisdiction or a portion thereof for a period not to exceed one 1.22 year from the date it is effective
, and. The period of an 1.23 interim ordinance applicable to an area that is affected by a 1.24 city's master plan for a municipal airport may be extended for 1.25 such additional periods as the municipality may deem 2.1 appropriate, not exceeding a total additional period of 18 2.2 months in the case where the Minnesota Department of 2.3 Transportation has requested a city to review its master plan 2.4 for a municipal airport prior to August 1, 2004. In all other 2.5 cases, no interim ordinance may halt, delay, or impede a 2.6 subdivision which has been given preliminary approval, nor may 2.7 any interim ordinance extend the time deadline for agency action 2.8 set forth in section 15.99 with respect to any application filed 2.9 prior to the effective date of the interim ordinance. The 2.10 governing body of the municipality may extend the interim 2.11 ordinance after a public hearing and written findings have been 2.12 adopted based upon one or more of the conditions in clause (1), 2.13 (2), or (3). The public hearing must be held at least 15 days 2.14 but not more than 30 days before the expiration of the interim 2.15 ordinance, and notice of the hearing must be published at least 2.16 ten days before the hearing. The interim ordinance may be 2.17 extended for the following conditions and durations, but, except 2.18 as provided in clause (3), an interim ordinance may not be 2.19 extended more than an additional 18 months: 2.20 (1) up to an additional 120 days following the receipt of 2.21 the final approval or review by a federal, state, or 2.22 metropolitan agency when the approval is required by law and the 2.23 review or approval has not been completed and received by the 2.24 municipality at least 30 days before the expiration of the 2.25 interim ordinance; 2.26 (2) up to an additional 120 days following the completion 2.27 of any other process required by a state statute, federal law, 2.28 or court order, when the process is not completed at least 30 2.29 days before the expiration of the interim ordinance; or 2.30 (3) up to an additional one year if the municipality has 2.31 not adopted a comprehensive plan under this section at the time 2.32 the interim ordinance is enacted. 2.33 Sec. 2. Minnesota Statutes 2002, section 462.357, 2.34 subdivision 1e, is amended to read: 2.35 Subd. 1e. [NONCONFORMITIES.] Any nonconformity, including 2.36 the lawful use or occupation of land or premises existing at the 3.1 time of the adoption of an additional control under this 3.2 chapter, may be continued, including through repair or, 3.3 replacement, restoration, maintenance, but ifor improvement, 3.4 but not including expansion, unless: 3.5 (1) the nonconformity or occupancy is discontinued for a 3.6 period of more than one year ,; or 3.7 (2) any nonconforming use is destroyed by fire or other 3.8 peril to the extent of greater than 50 percent of its market 3.9 value, and no building permit has been applied for within 180 3.10 days of when the property is damaged. In this case, a 3.11 municipality may impose reasonable conditions upon a building 3.12 permit in order to mitigate any newly created impact on adjacent 3.13 property. 3.14 Any subsequent use or occupancy of the land or premises 3.15 shall be a conforming use or occupancy. A municipality may, by 3.16 ordinance, permit an expansion or impose upon nonconformities 3.17 reasonable regulations to prevent and abate nuisances and to 3.18 protect the public health, welfare, or safety. This subdivision 3.19 does not prohibit a municipality from enforcing an ordinance 3.20 that applies to adults-only bookstores, adults-only theaters, or 3.21 similar adults-only businesses, as defined by ordinance.