1st 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; 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 such1.22 additional periods as the municipality may deem appropriate, not1.23 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. The governing body of 2.4 the municipality may extend the interim ordinance after a public 2.5 hearing and written findings have been adopted based upon one or 2.6 more of the conditions in clause (1), (2), or (3). The public 2.7 hearing must be held at least 15 days but not more than 30 days 2.8 before the expiration of the interim ordinance, and notice of 2.9 the hearing must be published at least ten days before the 2.10 hearing. The interim ordinance may be extended for the 2.11 following conditions and durations, but, except as provided in 2.12 clause (3), an interim ordinance may not be extended more than 2.13 an additional 18 months: 2.14 (1) up to an additional 120 days following the receipt of 2.15 the final approval or review by a federal, state, or 2.16 metropolitan agency when the approval is required by law and the 2.17 review or approval has not been completed and received by the 2.18 municipality at least 30 days before the expiration of the 2.19 interim ordinance; 2.20 (2) up to an additional 120 days following the completion 2.21 of any other process required by a state statute, federal law, 2.22 or court order, when the process is not completed at least 30 2.23 days before the expiration of the interim ordinance; or 2.24 (3) up to an additional one year if the municipality has 2.25 not adopted a comprehensive plan under this section at the time 2.26 the interim ordinance is enacted.