Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 200-S.F.No. 1498 
           An act relating to local government; planning and 
          zoning; permitting interim use permits; making 
          explicit the scope of certain statutes; amending 
          Minnesota Statutes 1988, section 462.358, subdivision 
          2a; proposing coding for new law in Minnesota 
          Statutes, chapter 462. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 462.358, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [TERMS OF REGULATIONS.] The standards and 
requirements in the regulations may address without limitation:  
the size, location, grading, and improvement of lots, 
structures, public areas, streets, roads, trails, walkways, 
curbs and gutters, water supply, storm drainage, lighting, 
sewers, electricity, gas, and other utilities; the planning and 
design of sites; access to solar energy; and the protection and 
conservation of flood plains, shore lands, soils, water, 
vegetation, energy, air quality, and geologic and ecologic 
features.  The regulations shall require that subdivisions be 
consistent with the municipality's official map if one exists 
and its zoning ordinance, and may require consistency with other 
official controls and the comprehensive plan.  The regulations 
may prohibit certain classes or kinds of subdivisions in areas 
where prohibition is consistent with the comprehensive plan and 
the purposes of this section, particularly the preservation of 
agricultural lands.  The regulations may prohibit, restrict or 
control development for the purpose of protecting and assuring 
access to direct sunlight for solar energy systems.  The 
regulations may prohibit, restrict, or control surface, above 
surface, or subsurface development for the purpose of protecting 
subsurface areas for existing or potential mined underground 
space development pursuant to sections 472B.03 to 472B.07, and 
access thereto.  The regulations may prohibit the issuance of 
building permits for any tracts, lots, or parcels for which 
required subdivision approval has not been obtained. 
     The regulations may permit the municipality to condition 
its approval on the construction and installation of sewers, 
streets, electric, gas, drainage, and water facilities, and 
similar utilities and improvements or, in lieu thereof, on the 
receipt by the municipality of a cash deposit, certified check, 
irrevocable letter of credit, or bond in an amount and with 
surety and conditions sufficient to assure the municipality that 
the utilities and improvements will be constructed or installed 
according to the specifications of the municipality.  Sections 
471.345 and 574.26 do not apply to improvements made by a 
subdivider or a subdivider's contractor. 
     The regulations may permit the municipality to condition 
its approval on compliance with other requirements reasonably 
related to the provisions of the regulations and to execute 
development contracts embodying the terms and conditions of 
approval.  The municipality may enforce such agreements and 
conditions by appropriate legal and equitable remedies. 
     Sec. 2.  [462.3597] [INTERIM USES.] 
    Subdivision 1.  [DEFINITION.] 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. 
    Subd. 2.  [AUTHORITY.] 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: 
    (1) the use conforms to the zoning regulations; 
    (2) the date or event that will terminate the use can be 
identified with certainty; 
    (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 
    (4) the user agrees to any conditions that the governing 
body deems appropriate for permission of the use.  
    Any interim use may be terminated by a change in zoning 
regulations. 
    Subd. 3.  [PUBLIC HEARINGS.] Public hearings on the 
granting of interim use permits shall be held in the manner 
provided in section 462.357, subdivision 3. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 12:18 a.m.