Agenda - Council - 04/05/2011 - Special

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2.Procedure for adoption of an interim ordinance Cities must initiate a moratorium by adopting an ordinance. The Minn. Stat. § 462.355 subd 4(a) interim ordinance may regulate, restrict, or prohibit any use, for development, or subdivision within the city or a portion of the city aperiod not to exceed one year from the effective date of the ordinance.An interim ordinance may be adopted only for one of the following circumstances; the city: Is conducting studies on the issue Has authorized a study to be conducted Has held or scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or other official controls, including the zoning code, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps Has annexed new territory into the city for which plans or controls have not been adopted The legal justification for the interim ordinance should be stated in the findings of fact when the ordinance is adopted.No notice or hearing is generally necessary before an interim ordinance is enacted. 3.Procedure for interim ordinance extension An interim ordinance may be extended only in limitedcircumstances if the Minn. Stat. § 462.355, subd 4(c) procedures of state statute are followed. An interim ordinance may be extended if the city holds a public hearing and adopts findings of fact stating that additional time is needed to: Minn. Stat. § 462.355, Complete and adopt a comprehensive plan in cities that did not have a subd 4(c)(3) comprehensive plan in place when the interim ordinance was adopted. This allows an extension for an additional year. Minn. Stat. § 462.355, Obtain final approval or review by a federal, state, or metropolitan subd 4(c)(1) agency of the proposed amendment to the city’s official controls, when such 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. This allows an extension for an additional 120 days. Minn. Stat. § 462.355, Complete “any other process” required by a state statute, federal law, or subd 4(c)(2) court order and when the process has not been completed at least 30 days before the expiration of the interim ordinance. This allows an extension for an additional 120 days. Minn. Stat. § 462.355, Review an area that is affected by a city’s master plan for a municipal subd 4(c) airport. This allows for an additional period of 18 months. SGC15 UBDIVISION UIDE FOR ITIES