462.355 ADOPT, AMEND COMPREHENSIVE PLAN; INTERIM ORDINANCE.
Subdivision 1. Preparation and review.
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult with
and coordinate the planning activities of other departments and agencies of the municipality to
insure conformity with and to assist in the development of the comprehensive municipal plan. In
its planning activities the planning agency shall take due cognizance of the planning activities
of adjacent units of government and other affected public agencies. The planning agency shall
periodically review the plan and recommend amendments whenever necessary.
Subd. 1a. Update by metropolitan municipalities.
Each municipality in the metropolitan
area, as defined in section
473.121, subdivision 2
, shall review and update its comprehensive plan
and fiscal devices and official controls as provided in section
473.864, subdivision 2
Subd. 2. Procedure to adopt, amend.
The planning agency may, unless otherwise provided
by charter or ordinance consistent with the municipal charter, recommend to the governing body
the adoption and amendment from time to time of a comprehensive municipal plan. The plan
may be prepared and adopted in sections, each of which relates to a major subject of the plan
or to a major geographical section of the municipality. The governing body may propose the
comprehensive municipal plan and amendments to it by resolution submitted to the planning
agency. Before adopting the comprehensive municipal plan or any section or amendment of
the plan, the planning agency shall hold at least one public hearing thereon. A notice of the
time, place and purpose of the hearing shall be published once in the official newspaper of the
municipality at least ten days before the day of the hearing.
Subd. 3. Adoption by governing body.
A proposed comprehensive plan or an amendment
to it may not be acted upon by the governing body until it has received the recommendation of
the planning agency or until 60 days have elapsed from the date an amendment proposed by the
governing body has been submitted to the planning agency for its recommendation. Unless
otherwise provided by charter, the governing body may by resolution by a two-thirds vote of all of
its members adopt and amend the comprehensive plan or portion thereof as the official municipal
plan upon such notice and hearing as may be prescribed by ordinance.
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
, 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, nor may any interim ordinance extend the time deadline for agency action set forth
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.
History: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 566 s 24; 1983 c 216 art
1 s 67; 1985 c 62 s 1,2; 1995 c 176 s 4; 2004 c 258 s 1; 2005 c 41 s 17; 1Sp2005 c 1 art 1 s 91