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INTERIM ORDINANCE PURSUANT TO MINNESOTA

INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION OR PUD APPROVAL Section 1 Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City of Byron is authorized to establish an interim ordinance to regulate, restrict, or prohibit any use or development in all or part of the City while the City is conducting studies, has authorized a study to be conducted, or has scheduled a hearing to consider the adoption or amendment of the comprehensive plan or official zoning controls. Section 2 Purpose and Findings. The City of Byron finds that the City’s zoning and subdivision regulations need to be updated to protect the health, safety, and welfare of its citizens as the current regulations may not be consistent with the City’s zoning and development goals. The City’s regulations were last significantly updated in 1993 and do not reflect changes to state statutes and modern development trends. In addition, the City will be adopting a new Comprehensive Plan and the zoning and subdivision regulations need to be modified to ensure consistency with the Comprehensive Plan’s land use plan, system plans, and policies. A moratorium is being established to allow the City to conduct a study to identify and address needed changes to the City’s zoning and subdivision regulations. As it is possible that the City’s regulations will change as a result of the study, the City Council finds it unwise and improper to allow individual development to occur during the study. Section 3 Hearing on Interim Ordinance. As required, the City Council of the City of Byron held a public hearing on the proposed interim ordinance on May 10, 2022. Notice about the public hearing was made in accordance with the regulations on Minnesota Statutes Section 462.355, Subd. 4. Section 4 Properties Subject to Moratorium. All properties within the City are subject to the provisions of this moratorium. Section 5 Prohibition. During the period this interim ordinance is in effect, no preliminary plats or PUDs shall be considered, approved, or granted by the City. Section 6 Effect on Pending Applications. All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes 15.99 and Minnesota Statutes 462.358. The City Administrator shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason thereof. Application fees, excluding consultant fees, paid in connection with such applications shall be returned or refunded to the applicant. Section 7 Separability. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part of this Ordinance. If any section, provision, or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. Section 8 Effective and Termination Dates. This ordinance becomes effective from and after its passage and publication. This ordinance shall be repealed without further action by the City Council on May 10, 2023, unless earlier amended, repealed, or extended by ordinance duly adopted by the City Council in accordance with the limitations set forth in Minnesota Statutes 462.355. Subd. 4. For questions, please contact City Hall; 507-775-3400 (May 21, 2022)65680