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CHAPTER 15 • An interim ordinance or moratorium may not delay or prohibit a subdivision Semler Constr.,Inc.v.City of that has been given preliminary approval, nor extend the time for action Hanover,667 N.W.2d 457 under the 60-day rule with respect to any application filed prior to the (Minn.Ct.App.2003). effective date of the interim ordinance.An interim ordinance applicable to an area affected by a city's master plan for municipal airport may be extended for up to 18 additional months where the Minnesota Department of Minn Stat.§462.355,sand.4. Transportation has requested a city to review its master plan for a municipal airport prior to Aug. 1, 2004. Minn.Stat.§462.355,subd. In other cases, after a public hearing and written findings, an interim 4(l),(2). ordinance may be extended for up to an additional 120 days following the receipt of a required agency approval or review required by law, or the completion of any other process required law,when not received or completed at least 30 days before expiration of the interim ordinance. The ordinance may not be so extended more than an additional 18 months. Minn.Stat.§462.355,subd. After a public hearing and written findings, an interim ordinance may be 4(3). extended up to an additional year if the city has not adopted a comprehensive plan at the time the interim ordinance is enacted. Minn.stat.§462.355,subd.4. A public hearing on interim ordinance extension must be held at least 15 days,but not more than 30 days before the expiration of the interim ordinance; notice of the hearing must be published at least 10 days before the • hearing. Duncanson v.Board of No notice is generally necessary before an interim ordinance is enacted, Supervisors,551 N W.2d 248 although cities may be well-advised to provide notice and hearing procedures (Minn.Ct.App 1996). - as used for other land use matters. Woodbury Place Partners v. According to the Minnesota Court of Appeals,the use of an interim Woodbury,492 N.W.2d 258 ordinance prohibiting or limiting use of land is generally not compensable if (Minn.Ct.App.1993). there is a valid purpose for the interim regulation. In evaluating whether an Tahoe-Sierra Pres.Council,Inc. interim ordinance is a temporary taking in the nature of a regulatory taking, v Tahoe Reg'!Planning courts will look to the parcel as whole. There is no bright-line rule for Agency,S35 U S.302,122 S. p Ct. 1465(2002). regulatory takings; rather,they must be evaluated on a case-by-case basis. XIV. File certified copies with county recorder Minn.Stat.§462.3595. Cities are required to file certified copies of all zoning ordinances, Minn.Stat.§462.36. subdivision regulations, amendments,official maps, conditional use permits, and variances with the county recorder or register of titles. All of the documents must include the legal description of the property to which they apply. 15-34 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004