Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 331A.05 subd. 6. Minn. Stat. § 462.36 subd 1. Minn. Stat. §462.355, subd 4. Minn. Stat. §462.355subd 4(c). Semler Const., Inc. v. City of Hanover, 667 N.W2d 457 (Minn. Ct.App. 2003). See Handbook, Ch. 14 for more information on interim ordinances. Minn. Stat. § 462.355 subd. 4(a). • The text of the summary must be published in a type size no smaller than eight -point type. • Proof of the publication is attached to and filed with the ordinance. In home rule charter cities, the charter can impose additional or special requirements for the publication of ordinances. C. Filing with county recorder A certified copy of a subdivision ordinance or ordinance amendment must be filed with the county recorder. D. Interim ordinances (moratorium) In order to protect the planning process, a city that is considering adopting or amending a subdivision ordinance may implement an interim ordinance (also known as a moratorium) to prevent subdivisions while the city is considering the issue. Cities must follow the procedures established in state statute to initiate a moratorium. 1. 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. 2. Procedure for adoption of an interim ordinance Cities must initiate a moratorium by adopting an ordinance. The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the city or a portion of the city for a period 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. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide forOties Page 11