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S.F. No. 270 - Interim Ordinances and Municipal Development Contracts (First Engrossment)
 
Author: Senator Warren Limmer
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: May 5, 2011



 

S.F. No. 270 (First Engrossment) provides that counties and municipalities may only adopt interim zoning maps or ordinances, commonly called moratoria, after public notice, a hearing, and a two-thirds vote of the governing body.  Interim ordinances cannot delay, impede, or interfere with uses, developments, or subdivisions for which a complete application is pending before the governing body.  Parameters are set on the conditions that a municipality may put into a development contract.

Section 1 applies to county interim ordinances and maps.  A county may only adopt interim zoning maps or ordinances, commonly called moratoria, after published notice, a public hearing, and a two-thirds vote of the governing body.  In addition to the requirements above, county interim ordinances are limited to one year in length from the effective date; the option to renew for an additional year that is in current law is removed.

Interim ordinances cannot delay, impede, or interfere with uses, developments, or subdivisions for which a complete application is pending before the governing body.  An incomplete application must be returned to the applicant with an explanation of what portions are incomplete.  The provisions in this paragraph doe not apply to adult-use businesses or sexually oriented businesses.  Further, the provisions in this paragraph do not prevent a county from denying an application if the proposed use is deemed to be a nuisance under state law.

Section 2 applies to city and town interim zoning ordinances.  A municipality (e.g., city or town)  may only adopt interim zoning maps or ordinances, commonly called moratoria, after published notice, a public hearing, and a two-thirds vote of the governing body.  An interim ordinance must apply to all of the city or town's jurisdiction; the current provision that would allow an interim ordinance to address part of the jurisdiction is removed.  The provisions on notice and hearings are applied to all interim ordinances, not only ordinances affecting livestock production. 

Interim ordinances cannot delay, impede, or interfere with uses, developments, or subdivisions for which a complete application is pending before the governing body.  An incomplete application must be returned to the applicant with an explanation of what portions are incomplete.  The provisions in this paragraph doe not apply to adult-use businesses or sexually oriented businesses.  Further, the provisions in this paragraph do not prevent a municipality from denying an application if the proposed use is deemed to be a nuisance under state law.

Section 3 applies to municipal subdivision regulations.  A municipality cannot require conditions in a development contract that are not authorized by statute or mutually agreed upon by all parties to the development contract.  The amount of financial security for work authorized by the development contract must have a direct and proportionate relationship to the work to be completed by the subdivider or subdivider’s contractor.  At least three days before approval, the municipality must provide a copy of the complete development contract to the subdivider or contractor.

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