Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: 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). Woodbury Place Partners v. Woodbury, 492 N.W.2d 258 (Minn. Ct. App. 1993). Tahoe -Sierra Pres. Council, Inc. v. Tahoe Reg 'l Planning Agency, 535 U.S. 302, 122 S. Ct. 1465 (2002). A.G. Op. 477b-34 (July 29, 1991). • 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. According to the Minnesota Court of Appeals, the use of an interim ordinance prohibiting or limiting use of land is generally not compensable if there is a valid purpose for the interim regulation. In evaluating whether an interim ordinance is a temporary taking in the nature of a regulatory taking, courts will look to the parcel as whole. There is no bright -line rule for regulatory takings; rather, they must be evaluated on a case-by-case basis. VI. Zoning ordinance enforcement The Municipal Planning Act authorizes cities to enforce their zoning ordinance through criminal penalties. In addition, civil remedies, such as an injunction, are available to cities to cure on-going violations. The Minnesota Attorney General has ruled that it is a general duty of a city to enforce its zoning ordinance and that a city cannot refuse to enforce zoning requirements by ignoring illegal land uses. In enforcing city ordinances, however, a city must be aware that certain landowners may have specific rights as existing non -conformities; if their non -conforming use pre -dated the city's zoning regulation. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 38