S.F. No. 270 (Second Engrossment) provides that counties and municipalities may only adopt interim zoning ordinances (commonly called moratoria) after public notice and a public hearing. With specified exceptions, an interim ordinance may not halt, delay, or impede consideration of a use, development, or subdivision for which a complete application is pending before the governing body. The bill also amends and clarifies the law governing city and town subdivision regulations with regard to dedications and fees.
Section 1. A cross-reference is amended to conform to changes made later in the bill.
Section 2. A county must give notice and hold a public hearing prior to adopting a temporary interim zoning map or temporary interim zoning ordinance. The ordinance map is limited to one year from the date it becomes effective. The provision in current law that allows for a one year renewal is removed.
An interim ordinance or map must not halt, delay, or impede consideration of a use, development, or subdivision for which a complete application is pending before the county as of the date of the notice of the hearing; this does not apply to adult-use or sexually oriented businesses, nuisances, or to an application for which the governing body adopts an interim ordinance within 60 days following receipt of an application deemed complete.
Section 3. A municipality must give notice and hold a public hearing prior to adopting an interim ordinance. Municipalities may adopt interim ordinances that regulate, restrict, or prohibit any use, development, or subdivision for one year except as provided. An interim ordinance or map must not halt, delay, or impede consideration of a use, development, or subdivision for which a complete application is pending before the municipality as of the date of the notice of the hearing; this does not apply to adult-use or sexually oriented businesses, nuisances, or to an application for which the governing body adopts an interim ordinance within 60 days following receipt of an application deemed complete.
Section 4. A municipality cannot require land dedications or fees in a development contract that are not authorized by statute or mutually agreed upon by all parties to the contract. The amount of financial security for work done under the contract must have a rough proportionality to the work to be completed. At least three days before approval, the municipality must give a copy of the complete development contract to the applicant, unless otherwise agreed.
Section 5. Conforming changes are made.
Section 6. Municipal subdivision regulations may require that a reasonable portion of the buildable land of a proposed subdivision be dedicated to the public or preserved for specified uses.
Section 7. Sections 1 to 6 are effective for ordinances adopted on or after August 1, 2012. This bill does not affect interim ordinances adopted before that date.
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