Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 258-S.F.No. 2274 
                  An act relating to zoning; providing certain 
                  limitations on municipal interim ordinances and on 
                  nonconformities; amending Minnesota Statutes 2002, 
                  sections 462.355, subdivision 4; 462.357, subdivision 
                  1e. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 462.355, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INTERIM ORDINANCE.] 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, and.  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 the case where the Minnesota Department of 
        Transportation has requested a city to review its master plan 
        for a municipal airport prior to August 1, 2004.  In all other 
        cases, no interim ordinance may halt, delay, or impede a 
        subdivision which has been given preliminary approval, 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. 
           Sec. 2.  Minnesota Statutes 2002, section 462.357, 
        subdivision 1e, is amended to read: 
           Subd. 1e.  [NONCONFORMITIES.] Any nonconformity, including 
        the lawful use or occupation of land or premises existing at the 
        time of the adoption of an additional control under this 
        chapter, may be continued, including through repair or, 
        replacement, restoration, maintenance, but if or improvement, 
        but not including expansion, unless: 
           (1) the nonconformity or occupancy is discontinued for a 
        period of more than one year,; or 
           (2) any nonconforming use is destroyed by fire or other 
        peril to the extent of greater than 50 percent of its market 
        value, and no building permit has been applied for within 180 
        days of when the property is damaged.  In this case, a 
        municipality may impose reasonable conditions upon a building 
        permit in order to mitigate any newly created impact on adjacent 
        property. 
           Any subsequent use or occupancy of the land or premises 
        shall be a conforming use or occupancy.  A municipality may, by 
        ordinance, permit an expansion or impose upon nonconformities 
        reasonable regulations to prevent and abate nuisances and to 
        protect the public health, welfare, or safety.  This subdivision 
        does not prohibit a municipality from enforcing an ordinance 
        that applies to adults-only bookstores, adults-only theaters, or 
        similar adults-only businesses, as defined by ordinance. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 9:10 a.m.