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Land Use and Zoning-Legal Review <br /> Planning Commission Meeting <br /> May 13,2003 <br /> Page 15 <br /> • subdivision within the jurisdiction or a portion <br /> thereof for a period not to exceed one year from the <br /> date it is effective, and may be extended for such <br /> additional periods as the municipality may deem <br /> appropriate,not exceed a total additional period of 18 <br /> months. No interim ordinance may halt,delay or <br /> impede a subdivision which has been given <br /> preliminary approval prior to the effective date of the <br /> interim ordinance. <br /> 2. Adoption. Although the statute talks about an "interim ordinance", <br /> the Minnesota courts have allowed moratoria to be adopted by less <br /> formal approaches, including resolutions and even internal municipal <br /> communications. Wedemeyer v.City of Minneapolis, 540 N.W.2d <br /> 539 (Minn.App. 1995). Even when characterized by the governing <br /> body as a"moratorium ordinance",the courts have not required that <br /> the requirements for adoption of a zoning ordinance be followed for <br /> the adoption of a moratorium. Duncanson v. Board of Supervisors <br /> of Danville Tp., 551 N.W.2d 248 (Minn.App., 1996). <br /> 3. Validity. The Minnesota courts have allowed local government broad <br /> discretion in the adoption of moratoria. Both the Minnesota courts <br /> and the Federal courts have found that ordinances which do not <br /> allow for any use of a property for the moratorium period are not <br /> • constitutionally compensable takings. Woodbury Place Partners v. <br /> City of Woodbury,492 N.W.2d 258 (Minn.App., 1992);Tahoe-Sierra <br /> Preservation Council, Inc.v.Tahoe Regional Planning Agency, 122 <br /> S.Ct. 1465, 152 L.Ed.2d 517 (2002). Although Minnesota <br /> municipalities have broad authority to enact moratoria,that authority <br /> is not unlimited. The municipality must exercise its authority for the <br /> purpose of protecting the planning process and may not arbitrarily <br /> enact an interim moratorium ordinance to delay or prevent a single <br /> project. Medical Services, Inc.v.City of Savage, 487 N.W.2d 263 <br /> (Minn.App., 1992);City of Crystal v. Fantasy House, Inc., 569 <br /> N.W.2d 225 (Minn.App., 1997). <br /> C. Exclusionary Zoning. <br /> 1. "Exclusionary Zoning" refers to the array of local zoning practices <br /> which, singly or in combination,results in the exclusion of housing <br /> for low and moderate income groups from the suburban <br /> communities where most of the growth in employment opportunities <br /> has occurred in the past several decades. Exclusionary zoning <br /> practices and devices include such things as: exclusion of multiple <br /> family dwellings;restrictions on the number of bedrooms in multiple <br /> family dwellings; exclusion of mobile homes; and minimum building <br /> and lot size requirements. Large lot zoning,in particular,has been <br /> found to have an impact on housing costs. <br /> • <br />