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5.4. SR 05-17-2010
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5.4. SR 05-17-2010
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B. Statutory limitations on a city's power to impose a moratorium: <br />a. In its original form, Minn. Stat. § 462.355, subd. 4, <br />imposed several important limits on the power of a city <br />to impose a moratorium. They included: <br />(i) The city must be "conducting studies" or "have <br />authorized a study to be conducted" for the <br />purpose of adopting or amending its <br />comprehensive guide plan or official controls, or if <br />new territory outside its zoning laws has been <br />annexed. The Court of Appeals' decision in Pawn <br />America holds that a city can authorize a <br />moratorium at the same time that it authorizes the <br />study. That is one of the questions for which the <br />Supreme Court has granted review. <br />{ii) Its period must not exceed one year from the date <br />it is effective {although, before August 2004, it <br />could be extended by the city in all circumstances <br />for an additional period not to exceed 18 months). <br />(iii) Its purpose must be to "protect[] the planning <br />process and the health, safety and welfare of its <br />citizens." <br />(iv) It could not alter, delay or impede a subdivision <br />which has been given preliminary approval prior to <br />the effective date of the interim ordinance. <br />b. In 2004 the Legislature amended this subdivision, <br />although not to the degree requested by a coalition of <br />development interests. See Chapter 258 Minn. Laws <br />2004, § 1. The 2004 amendments had the following <br />effect: <br />(i) Extensions are only available in four limited <br />circumstances: where (1) less than 30 days before <br />the moratorium is set to expire, a federal, state or <br />metropolitan agency whose approval is required by <br />law has not yet completed its review or approval; <br />(2) less than 30 days before the moratorium is set <br />9 <br />
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