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Agenda - Planning Commission - 04/07/2011
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Agenda - Planning Commission - 04/07/2011
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3/21/2025 10:06:52 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
04/07/2011
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Minn. Stat. § 462.355, <br />subd. 4); Pawn <br />America Minnesota, <br />LLC v. City of St <br />Louis Park, No. A08- <br />1697 (Minn. Ct. App. <br />2009) (unpublished <br />decision) (rev. granted <br />Oct. 28. 2009) <br />Minn Stat. § 462.355, <br />subd. 4(a) <br />Minn. Stat. § 462.355, <br />subd. 4(b), <br />Duncanson v. Board <br />of Supervisors of <br />Danville Tp., 551 <br />N.W.2d 248 (Minn. <br />Ct. App.,1996). <br />1. Interim Ordinances (Moratoria) <br />Adoption of a interim ordinance (more commonly known as a moratorium) <br />may aid cities in the zoning ordinance amendment process, by allowing a <br />city to study an issue without the pressure of time generated by pending <br />applications. Cities may use a moratorium to protect the planning process, <br />particularly when formal studies may be needed on a particular issue. Cities <br />must follow the procedures established in state statute to initiate a <br />moratorium. <br />a. Procedure for interim ordinance adoption <br />Cities must initiate a moratorium by adopting an ordinance (interim <br />ordinance). The interim ordinance may regulate, restrict, or prohibit any use, <br />development, or subdivision within the city or a portion of the city for a <br />period not to exceed one year from the effective date of the ordinance. An <br />interim ordinance may only be adopted where the city: <br />• Is conducting studies on the issue. <br />• Has authorized a study to be conducted. <br />• Has held or scheduled a hearing for the purpose of considering adoption <br />or amendment of a comprehensive plan or other official controls, <br />including the zoning code, subdivision controls, site plan regulations, <br />sanitary codes, building codes and official maps. <br />• Has annexed new territory into the city for which plans or controls have <br />not been adopted. <br />The legal justification for the interim ordinance should be stated in the <br />findings of fact when the ordinance is adopted. <br />No notice or hearing is generally necessary before an interim ordinance is <br />enacted. However, a public hearing must be held if the proposed interim <br />ordinance regulates, restricts or prohibits livestock production (feedlots). In <br />such case, the notice of the hearing must be published at least ten days prior <br />to the hearing in a newspaper of general circulation in the city. <br />44 LEAGUE OF MINNESOTA. CITIES <br />
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