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<br />Iv'.cinnesota Session Laws 2004, Chapter 258 <br /> <br /> <br />Minnesota Session Laws <br /> <br />Minnesota Session Laws - 2004 <br /> <br />Key: ltmg,w.ge!5 13<: aeJetea...new language Chan?e language enhancement display. <br /> <br />Legislative history and Authors <br /> <br />CHAPTER 258-S.F.No. 2274 <br />An act relating to zoning; providing certain <br />limitations on municipal interim ordinances and on <br />nonconformities; amending Minnesota Statutes 2002, <br />sections 462.355, subdivision 4; 462.357, subdivision <br />le. <br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: <br />Section 1. Minnesota Statutes 20021 section 462.355, <br />subdivision 4, is amended to read: <br />Subd. 4. [INTERIM ORDINANCE.] If a municipality is <br />conducting studies or has authorized a study to be conducted or <br />has held or has scheduled a hearing for the purpose of <br />considering adoption or amendment of a comprehensive plan or <br />'official controls as defined in section 462.352, subdivision 15, <br />or if new territory for which plans or controls have not been <br />adopted is annexed to a municipality, the governing body of the <br />municipality may adopt an interim ordinance applicable to all or <br />part ~f its jurisdiction for the purpose of protecting the <br />planning process and the health, safety and welfare of its <br />citizens. The interim ordinance mqy regulate, restrict or <br />prohibit any use, development, or subdivision within the <br />jurisdiction or a portion thereof for a period net to exceed one <br />year from the date it is effect~ve~. The period of an <br />interim ordinance applicable to an area that is affected by a <br />city's master plan for a municipal airport may be extended for <br />such additional periods as the municipality may deem <br />appropriate, not exceeding a total additional period of 18 <br />months in the case where the Minnesota Department of <br />Transportation has requested a city to review its master plan <br />for a municipal airport prior to Auqust 1, 2004. In all other <br />cases, no interim ordinance may halt, delay, or impede a <br />subdivision which has been given preliminary approval, nor may <br />any interim ordinance extend the time deadline for aGency action <br />set forth in section 15.99 with respect to any application filed <br />prior to the effective date of the interim ordinance. The <br />Governinq body of the municipality may extend the interim <br />ordinance after a public hearinq and written findinGs have been <br />adopted based upon one or more of the conditions in clause (1), <br />(2), or (3). The public hearinq must be held at least 15 days <br />but not more than 30 days before the expiration of the interim <br />ordinance, and notice of the hearinG must be published at least <br />ten days before the hearinG. The interim ordinance may be <br />extended for the followinG conditions and durations, but, except <br />as provided in clause (3), an interim ordinance may not be <br />extended more than an additional 18 months: <br />(1) up to an additional 120 days followinq the receipt of <br />the final approval or review by a federal, state, or <br /> <br />httD:/ /www.revisor.Jeg.state.l1m.us/slaws/2004/ c25 8 .html <br /> <br />Page J of2 <br /> <br />7/8/2004 <br />