Agenda - Planning Commission - 11/04/2004

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duties and powers of this new law enforcement agency. The bill also requires insurers to pay an assessment to Fund this program. EiFective May 30, 2004. Article 2 transfers the powers and duties of the auto theft prevention program from the Department of Public Safety co the Department of Commerce. Effective july l, 2004. (LO) , x , LAND USE &GROWTH MANAGEMENT Hazardous building removal Chapter 147 (HF 1855/SF 1903') adds counties to the statute chat currendy allows cities and towns to order an owner to repair or remove a hazardous building or property, condition, ffan owner does not comply with the order, the municipality may repair or remove the hazard- outs building or property condition and collect the cost of r. he work through an assessment. A municipality may also acquire a hazardous property through eminent domain. Effective April 3,201)4. (LO) Planning and zoning fees and land dedication requirements Chapter 178 (HF 2103'/3F 2273) requires fees related to planning and zoning applications under Minn. Stat. ',5 462.353 to have a"nexus" to the actual cost of the service For which the &e is imposed. The new law sets a Jan. 1 effective date tbr changes to fee ordinances, but allows a municipality to adopt a fee ordinance with a different effective date (although fees effective on a date o~her than Jan. I would not apply to an application for final approval). A municipality must explain the basis for its fees upon request and a challenge to a ~:e under Minn. Stat. ~5 462.353 must be brought within 60 days after approval o£ an application. The amended statute provides that while a murficipaliry cannot condition the approval, of a proposed development on an agreement to waive the right to challenge the validity o(a ti:e, nothing would preclude a mumcipality from conditioning aDproval on an agreement co waive a challenge to the cost associated with mmnlcipally instakh:d improvements under Minn. Stat. ~ 429.021. The new taw ~dso changes.certain [and dedication requirements. [t prohibits the use of Fees in lieu of dedica- tion Gr ongoing operation or maintenance, and provides rhac a mumc~paliw must establish the basis For calculating a [and d~dication by ordinance. [t further requires an · 'essential nexus" bet~veen a Fee or dedication under Mann, 5tat. ~ 462.358 and d-ce municipal purpose to be achieved by thc dee or dedicatmn, and requires :~es or dedicanons to bear a rough proportionality to the need created by the m'ooosed deveh~ornent. Finally, the bdl prohibits a nannici- aalitv ~l'om conditiomng approval on an agreement to waive d~e right co challenge che fee in lieu of dedication if provided written notice of a dispute over a fee in lieu of dedication before ~ ~nal decision on the application. Effective Aug. 1, 2004, and appl/es to ordinances reladng to fees, fee schedules, and dedications adopted or amended on or Mier that date. (LO) Building moratoria and non-conforming use changes Chapter 258 (HF 2021/SF 2274*) amends Minn. Stat. s5 462.355 to impose limitations on the extension of interim ordinances passed by a municipali~ pending the adoption or amendment of comprehensive plans. The bill allows an interim ordinance extension for 120 days beyond the dine needed to comply with a process or approval required by state statute, federal law or court order, but not to exceed an additional 18 nxonths. The amended statute requires a public hearing and written findings befbre -:my extensions are adopted. This legislation also amends Minn. Stat. ~ 462.357 co allow an entity with a non-conforming property to make improvements but not to expand, unless authorized by the municipality. The bill provides an exception to the prohi- bition on the continuation o£a nonconforming use that is damaged by more than 50 percent for situations in which a building permit had been applied for within 180 days of when the damage occurred. Under the amended statute, municip~xLides may impose reasonable conditions to mitigate newly-created impacts on adjacent property.. Effective Aug. 1,2004. (LO) Hoyt Lakes/Town of White zoning agreement Chapter 275 (HF 2378:t/SF 2285) extends zoning and subdivision regulation authority, of the city., of Hoyt Lakes into a portion of the Town of White, effective the day after both governing bodies have completed approval of a special law, as provided in Minn. Star., ~ 645.02 and 645.021, subds. 2 and 3. (CJ) Dangerous animals possession and ownership restrictions Chapter 264 (HF 1593'/5F 1530) creates Minn. Stat. ~ 346 and establishes state regulation over the purchase, possession, breeding, and sale of large cats, bears, and .nonhuman primates. Every person that possesses one or more of these "regulated" animals must be Licensed by the USDA or must be registered with a local animal control authority, fkegistradon must occur within 60 days o~-this act. The local anin-ml' control authority, may charge an in/rial site inspection fee of $50 plus $25 per animal, ur~ to a maxSmum of $250 per person, if the ammal escapes, the owner must notify local !aw enforcement officials and the 2004 Law Summaries · Pag~tS b7