Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.355, subd. 4(b). Duncanson v. Board of Supervisors of Danville Tp., 551 N.W.2d 248 (Minn. Ct. App. 1996). Minn. Stat. § 462.355, subd. 4(c). Minn. Stat. § 462.355, subd. 4(c)(3). Minn Stat. § 462.355, subd. 4(c) (1). Minn. Stat. § 462.355, subd. 4(c) (2). Minn Stat. § 462.355, subd. 4(c). Minn. Stat. § 462.355, subd. 4(c). Semler Const., Inc. v. City of Hanover, 667 N.W.2d 457 (Minn. App. 2003). No notice or hearing is generally necessary before an interim ordinance is enacted. However, a public hearing must be held if the proposed interim ordinance regulates, restricts or prohibits livestock production (feedlots). In such case, the notice of the hearing must be published at least ten days prior to the hearing in a newspaper of general circulation in the city. b) Procedure for interim ordinance extension An interim ordinance may be extended only in limited circumstances if the 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: • Complete and adopt a comprehensive plan in cities that did not have comprehensive plan in place when the interim ordinance was adopted. This allows an extension for an additional year. • Obtain final approval or review by a federal, state, or metropolitan 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. • Complete "any other process" required by a state statute, federal law, or 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. • Review an area that is affected by a city's master plan for a municipal airport. This allows for an additional period of 18 months. The required 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. c) Applicability An interim ordinance or moratorium may not delay or prohibit a subdivision that has been given preliminary approval, nor extend the time for action under the 60 -day rule with respect to any application filed prior to the effective date of the interim ordinance. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 39