03-27-95 PC Agenda
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AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 27, 1995
7:00 PM
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I. Approval of Minutes - March 13, 1995
II. Election of Officers ,
III. Review of Attendance
IV. "Are You Organized for Business?"
(Enclosed information requested by Commissioner Pentel)
V. Housing Plan Discussion
. VI. Reports on Meetings of the Housing and Redevelopment Authority,
City Council, Board of Zoning Appeals, Community Standards Task
Force, and Valley Square Task Force
VII. Other Business
VIII. Adjournment
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PLANNING COMMISSION GUIDELINES FOR PUBLIC INPUT
The Planning Commission is an advisory body, created to advise the City Council
on land use.' The Commission will recommend Council approval or denial of a
land use proposal based upon the Commission!s determination of whether the pro-
posed use is permitted under the Zoning Code and the Comprehensive Plan, and
whether the proposed use will, or will not, adversely affect the surrounding
neighborhood.
The Commission holds informal public hearings on land use proposals to enable
you to learn, first-hand, what such proposals are, and to permit you to ask
questions and offer comments. Your questions and comments become part of the
record and will be used by the Council, along with the Commission!s recommenda-
tion. in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the
Commission will utilize the following procedure:
1. The Commission Chair will introduce the proposal and the recommenda-
tion from staff. Commission members may ask questions of staff.
2. The proponent will describe the proposal and answer any questions
from the Commission.
3. The Chair will open the public hearing, asking first for those who
wish to speak to so indicate by railing their hands. The Chair may
set a time limit for individual quastions/comments if a large number
of persons have indicated a desire to speak. Spok.spersons for
groups will have a longer partod of time for, questions/comments.
4. Please give your full name and address clearly when recognized by the
Chair. Remember, your questions/comments are for the record.
5. Direct your questions/comments to the Chair. The Chair will deter-
mine who will answer your questions.
6. No one will be given the opportunity to speak a second time until
everyone has had the opportunity to speak initially, Please limit
your second presentation to new information, not rebuttal.
7. At the close of the public hearing, the Commission will discuss the
proposal and take appropriate action.
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Minutes of the Golden Valley
Planning Commission
March 13, 1995
A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council
Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order
by Vice-Chair Johnson at 7:05 PM.
Those present were Commissioners Groger, Johnson, Kapsner, Lewis, Pentel and Prazak;
absent was McAleese. Also present were Mark Grimes, Director of Planning and Development,
Elizabeth Knoblauch, City Planner and Mary Dold, Planning Secretary.
I. Approval of Minutes -February 27, 1995
MOVED by Lewis, seconded by Kapsner and motion carried unanimously to approve the
February 27, 1995 minutes with the following additions:
Page 4, Paragraph 8, add all conditions under the motion to make it more
readable. They are as follows:
1. The revised site plans dated 2/22/95 (reflecting the revised "Option A")
submitted by RLK Associates Ltd. become a part of the PUD approval.
2.
The property shall be legally platted and recorded, with the designation
"P.U.D. No. 68" to be a part of the plat's title.
3. The "Declaration of Easements, Restrictions and Real Covenants" be
attached to the PUD Permit.
4. JLO agrees to pay for the upgrade necessary to Market Street and to pay its
fair share for the signal construction at Louisiana Avenue and Market Street.
5. No "Certificate of Occupancy" may be issued by the City to any of the four
buildings until after the road and signal work are completed to the satisfac-
tion of the City Engineer.
6. The shared pylon sign may exceed the normal pylon sign height if it can be
shown it cannot be seen from 1-394 if not raised. The height shall be the
minimum needed for 1-394 visibility. All other signage on the site must meet
the requirements of the sign code. The shared pylon sign cannot exceed
260 sq.ft. in area.
7. The Jiffy Lube car wash may be used by Jiffy Lube customers only.
8. The outside trash containers will be screened with similar material being
used on the stores they will be serving.
Page 5, Paragraph 6 (under "Other Business") add the following to the end of the
first sentence: ... and similar problems.
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Minutes of the Golden Valley Planning Commission
March 13, 1995
Page Two
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II. Informal Public Hearing - Amendment (No.4) to Pondwood Office Park
P.U.D. No. 28
Applicant:
Pondwood Associates (Gerald Mundt)
Address:
4959, 4969 AND 4979 Olson Memorial Highway
Golden Valley, Minnesota
Request:
To connect the buildings located at 4959 and 4969. The enclosed
connected area would be 605 sq.ft. in area.
Mark Grimes gave a brief summary of his report to the Commissioners dated March 8 commenting
that after reviewing the files he became aware of a condition in the 3rd amendment which said no
more development would be allowed on this site. Mr. Grimes stated he called Mr. Mundt to talked
about this condition and was told by Mr. Mundt that he wanted to proceed with the hearings. Mr.
Grimes said he was recommending against the 4th amendment.
Commissioner Prazak asked what the total square footage of the buildings on the site. Mr. Grimes
commented that one-half of the property is under water and the remainder of the site is intensely
used. The site would probably not be developable today with the current wetland regulations.
Commissioner Lewis asked if staff reviewed the plan with the City Engineer. Mr. Grimes said that .
the plan was reviewed by Engineering and the new construction will not affect the site regarding
drainage and flooding.
Commission Pentel asked about flooding in the area. Mr. Grimes commented that the buildings
were designed with crawl spaces to allow the crawl spaces to flood. All structures are three feet
above the 100 year flood elevation.
Commissioner Lewis asked if the Bassett Creek Water Management Commission would have to
review these plans. Mr. Grimes said no because the buildings are located at an elevation of 841
feet which is three feet higher than the 100 year flood elevation.
Gerald Mundt, Applicant (Architect and Partner of Pondwood), talked about the history of
Pondwood and the three previous amendments. He also commented on staff's report, showed
pictures of the site and talked about the development to the west of Pondwood and believes that
this development severely encroaches on the pond. Mr. Mundt described his building addition.
Commissioner Pentel asked if there would be any exterior entrances with the new addition. Mr.
Mundt said no.
Commissioner Prazak asked if the proposed new addition could be marketed alone. Mr. Mundt
said he that it has to be part of one of the existing buildings.
Commissioner Lewis commented that she understood the hardship for more additional space for .
one of the existing tenants but asked Mr. Mundt to explain his proposal knowing that Amendment
No.3 said no more development on the site.
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Minutes of the Golden Valley Planning Commission
March 13, 1995
. Page Three
Mr. Mundt commented that he had not remembered the condition when preparing these plans. He
doesn't think it is correct for the City Council to put such a condition on a PUD. Mr. Mundt feels
that things change and amendments need to be done. He also commented on being a good
business and environmentally sensitive. He feels that the problem in the area is the building on
the lot to the west, which built up to the pond line in the rear and the entire front yard is parking.
Vice-Chair Johnson opened the informal public hearing; hearing and seeing no one, Vice- Chair
Johnson closed the informal public hearing.
Commissioner Prazak commented that the proposal was appropriate for Mr. Mundt to present and
that it accommodates drainage and doesn't add to the density of the site.
Vice-Chair Johnson said she was concerned with the tenants needing more space than what is
available for them on this site and this is a bandaide approach. She is also concerned about more
development on the site when the Council had stipulated no more development on the site.
Commissioner Lewis feels there is too much development on the site and creates a visual
problem.
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Commissioner Groger said that even though the Council said there was too much development on
the site, it still looks attractive and is good for the City. He agreed with Mr. Mundt that change
does happen over the years which may warrant amending a permit but at some point there has to
be a limit. Commissioner Groger continued by commenting that the City Council made its wishes
known about no more development on the site. He added that Pondwood's request is not a
hardship issue.
Commissioner Pentel commented that it is reasonable for Mr. Mundt to come back and ask for an
amendment but that this request is not a hardship case because a tenant needs more space for its
operation. Commissioner Pentel said she like the idea of no footings and that the new addition
would fit in with the rest of the buildings but agrees with staff that there is too much density on the
site.
City Planner Elizabeth Knoblauch said that she dealt with Amendment NO.3 in 1989, which the
Planning Commission had recommended against. The City Council overruled the Planning
Commission, but wanted to send a message to the owners that this site was fully developed. The
City Council's intent was not that they could never apply for another amendment, but if that
amendment would result in structural expansion then they should be prepared to deal directly with
the issue of why it should be permitted on a fully developed site similar to a request for variance.
There should be a very good reason for any further expansion.
Mr. Mundt commented that the tenant, who is a partner, needs the extra space. Without the
addition, the tenant would have to go outside to get to the other building and it is impossible for
their equipment (cables for computers, etc.) to be moved outdoors to the other building. Mr.
Mundt feels this is a hardship case.
. Commissioner Prazak feels the addition would enhance the marketability of the site and the
request is a reasonable one.
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Minutes of the Golden Valley Planning Commission
March 13, 1995
Page Four
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Commissioner Pentel said that it would have been good to have the tenant who needs space at
the meeting to talk about the hardship.
Mark Grimes commented that this request is for an economic reason and not a hardship on the
land - this is not a good precedent to set.
Mr. Mundt asked if other PUD's have had a condition of no more development on their sites? Ms.
Knoblauch said this is the only PUD with such a condition written right into the permit because the
Planning Commission and City Council were concerned about the adverse impact more
development would have on the site. There have, however, been other occasions when applicants
were verbally notified that the Planning Commission felt a development had reached its limits.
Mr. Mundt asked the Commission if it would made a difference if the addition were cut back to 550
sq.ft. Commissioner Kapsner said it would not affect his thinking that the site is already too
intense, but added that the site is attractive and the owners put together a fantastic development.
MOVED by Groger, seconded by Lewis and motion carried unanimously to recommend to the City
Council to deny the request for amendment to Pondwood Office Park PUD No. 28, Amendment
No.4.
III.
Informal Public Hearing - Amendments to the City Code Regarding Seasonal
Farm Produce Sales
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Section 6.37. Delete "Christmas Trees."
Section 11.03. Definitions - Add 82.5 "Seasonal Farm Produce Sales"
Section 11.30 Permitted Uses under the Commercial Zoning District
Add "II. Seasonal Farm Produce Sales"
Section 11.46 Permitted Uses under the 1-1 Institutional Zoning District
Add "4. Seasonal Farm Produce Sales"
Section 11.87. Add new Section entitled "Seasonal Farm Produce Sales"
Mark Grimes gave a brief summary of his report to the Planning Commission explaining the
amendments to the City Code. He commented that the growing season will start within the next
couple of months and for individual growers to come and request a CUP would take almost three
months. Currently, such stands are only permitted by a Conditional Use Permit. Mr. Grimes
stated that other cities permit this kind of use with an Administrative Permit with certain guidelines.
The Commission discussed the language to be used in the amended sections of the City Code
and the requirements each applicant will have to meet.
Vice-Chair Johnson opened the informal public hearing; seeing and hearing no one Vice-Chair
Johnson closed the informal public hearing.
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Minutes of the Golden Valley Planning Commission
March 13, 1995
Page Five
The Commission changed two of the proposed recommendations of staff. Staff suggested that no
more than two such operations be allowed on one site if there is a joint application - the Planning
Commission recommended that this be changed to one operation. The Planning Commission
talked about Christmas tree and plant sales held at churches and schools and doesn't see any-
thing wrong with this practice. They would like to add the Seasonal Farm Produce Sales to the 1-1
Institutional Zoning District as well as the Commercial Zoning District.
MOVED by Pentel, seconded by Lewis and motion carried unanimously to recommend to the City
Council approval of the Seasonal Farm Produce Sales by Administrative Permit in the Commercial
and 1-1 Institutional Zoning Districts.
III. Reports on Meetings of the Housing and Redevelopment Authority.
City Council. Board of Zoning Appeals. Community Standards Task
Force, and Valley Square Task Force
No reports were given.
IV. Other Business
No other business presented.
V. Adjournment
Vice-Chair Johnson adjourned the meeting at 8:40 PM.
Jean Lewis, Secretary
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MEMORANDUM
Date:
March 21, 1995
To:
Golden Valley Planning Commission
From:
Mary Dold, Planning Secretary
Subject:
Election of Officers
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According to the Planning Commission By-Laws, Section 1, the annual
meeting of the Planning Commission should take place at its first meeting in
March. The Council has not yet confirmed appointments but Chair McAleese
and staff agree the Planning Commission should go ahead with elections
anyway.
Section 11 states the Commission shall elect a Chair, Vice-Chair, Secretary
and such other officers as it may deem necessary at its annual meeting.
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MEMORANDUM
Date:
March 17, 1995
To:
Golden Valley Planning Commission
From:
Mary Dold, Planning Secretary
Subject:
Review of Attendance
According to the Planning Commission By-Laws Section 12, the Chair shall
review the attendance records every six months. Attached please find this
record which reviews the first four meetings in 1995 and the last four meetings
in 1994.
The attendance was reviewed in October, which was two months later than it
should have been, therefore we will be back on track with this review.
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PLANNING COMMISSION
ATTENDANCE RECORD
. Year Date Groger Johnson Kapsner Lewis McAleese Pentel Prazak
1994 9/12 no yes yes yes yes yes no
9/26 yes no yes yes yes yes no
10/10 yes no yes yes yes yes yes
11/14 yes yes yes yes yes yes yes
1995 1/23 yes yes yes yes yes yes yes
2/13 yes no yes no yes yes yes
2/27 yes yes yes yes yes yes yes
3/13 yes yes yes yes no yes yes
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# of
Year Mtgs Groger Johnson Kapsner Lewis McAleese Pentel Prazak
1994 15 14 11 14 11 13 15 11
1993 11 11 8 11 8 11 10 10
1992 13 12 13 13 .11 12 12
8 8
1991 14 12 12 13 13
. 11 10
10 10
1990 14 11 8 12 13
1989 18 17 14 18 15
1988 20 18 15 19 12
1987 19 14 12 18 17
1986 20 19 13 20 16
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462.17 BUILDINGS DECLARED A NUISANCE. 'St.:'
Any building or structure erected, altered, repaired, or used in violation of sectl~~~ '
462.12 to 462.17 or any ordinance passed thereunder, shall be deemed a nuisance and)
may be abated at the suit of the city in a civil action. The city may maintain actio"" ~,
for injunction to prevent violation of sections 462.12 to 462.17 and of the ordinan:" '
passed in pursuance thereof. Owners of land and others interested in land within the'
district may also maintain similar actions of abatement and for injunction. -"
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History: (1623) 1915 c 128 s 6 '.
462.18 [Repealed, 1965 c 670 s 14]
462.19 [Repealed, 1965 c 670 s 14]
462.20 [Repealed, 1965 c 670 s 14]
462.21 [Repealed. 1965 c 670 s 14]
462.22 [Repealed. 1965 c 670 s 14]
462.23 [Repealed, 1965 c 670 s 14] ,
462.24462.35 [Local] ~t:: ?IAA~p.1cr ~~ A-R \..It-1~ ~\.,i,-~
oj '!t
MUNICIPAL pLANNING ..:;.~ .
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462.351 MUNICIPAL pLANNING AND DEVELOPMENT; STATEMENT 0
POllCY. " ,:~:;""
. The legislature finds that municipalities are faced with mounting problems 'iD
viding means of guiding future development ofland so as to insure a safer, more pi'
ant and more economical environment for residential. commercial, industrial and'"
lie activities, to preserve agricultural and other open lands, and to promote the p .
health, safety, and general welfare. Municipalities can prepare for anticipated cb~~
and by such preparations bring about significant savings in both private and p1Jb
expenditures. Municipal planning, by providing public guides to future m~~
action, enables other public and private agencies to plan their activities in ~.2.
with the municipality's plans. Municipal planning will assist in developing lands Df
wisely to serve citizens more effectively, will make the provision of public services l'
costly, and will achieve a more secure taX base. It is the purpose of sections 462.~S
to 462.364 to provide municipalities. in a single body oflaw, with the necessary P9Yor
and a uniform procedure for adequately conducting and implementing municipal p.
nin~ ;
History: 1965 c 670 s 1; 1980 c 566 s 18
462.352 DEFINITIONS. '..
Subdivision 1. For the purposes of sections 462.351 to 462.364 the terms defu?j
in this section have the meanings given them. '" ,
Subd. 2. "Municipality" means any city, including a city operating under a halll
rule charler, and any town. ~.
Subd. 3. "Planning agency" means the planning commission or the pI
department of a municipality.
Subd. 4. [Repealed, 1980 c 566 s 35]
Subd. S. "Comprehensive municipal plan" means a compilation of poIi~~
ments, goals, standards, and maps for guiding the physical, social and econoDUC.. '
opment, both private and public, of the municipality and its environs, includW .
space and subsurface areas necessary for mined underground space development 11
ant to sections 469.135 to 469.141, and may include, but is not limited to, the foqo
statements of policies, goals, standards, a land use plan. a community faciliti~.
a transportation plan. and recommendations for plan execution. A comprehenslV~
represents the planning agency's recommendations for the future development c?
community. .
462.17 HOUSING. REDEVELOPMENT. PLANNING. ZONING
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HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.352
i:::i .Subd. 6. "Land use plan" means a compilation of policy statements, goals, stan-
. ~ ds, and maps, and action programs for guiding the future development of private
~od public property. The term includes a plan designating types of uses for the entire
"i.micipality as well as a specialized plan showing specific areas or specific types ofland
"es, such as residential, commercial, industrial, public or semipublic uses or any com-
-ination of such uses.
";~1:~' Subd. 7. "Transportation plan" means a compilation of policy statements, goals,
~:standards, maps and action programs for guiding the future development of the various
~inodes of transportation of the municipality and its environs, including air space and
.: Subsurface areas necessary for mined underground space development pursuant to sec-
tions 469.135 to 469.141, such as streets and highways, mass transit, railroads, air
~iransportation, trucking and water transportation, and includes a major thoroughfare
-~plan.
j,.. Subd. 8. "Community facilities plan" means a compilation of policy statements,
;'~goals, standards, maps and action programs for guiding the future development of the
;:.public or semipublic facilities of the municipality such as recreational, educational and
;"cultural facilities.
I' Subd. 9. "Capital improvement program" means an itemized program setting
;;.rforth the schedule and details of specific contemplated public improvements by fiscal
.::'"year, including public improvements in or related to air space and subsurface areas nec-
:t.essary for mined underground space development pursuant to sections 469.135 to
. ~469.141, together with their estimated cost, the justification for each improvement, the
~impact that such improvements will have on the current operating expense of the
:'"~unicipality, and such other information on capital improvements as may be perti-
~\nent.
~: Subd. 10. "Official map" means a map adopted in accordance with section
462.359 which may show existing and proposed future streets, roads, and highways of
Jb,e municipality and county, the area needed for widening of existing streets, roads,
to.:.4 highways of the municipality and county, existing and proposed air space and sub-
: ace areas necessary for mined underground space development pursuant to sections
9.135 to 469.141, and existing and future county state aid highways and state trunk
way rights-of-way. An official map may also show the location of existing and
ture public land and facilities within the municipality. In counties in the metropoli-
, - area as defined in section 473.121, official maps may for a period of up to five years
. gnate the boundaries of areas reserved for purposes of soil conservation, water sup-
y conservation, flood control and surface water drainage and removal including
, propriate regulations protecting such areas against encroachment by buildings, other
..~ysical structures or facilities.
:~ 0 Subd. 11. "Governing body" in the case of cities means the council by whatever
~e known, and in the case of a town, means the town board.
; L Subd. 12. "Subdivision" means the separation of an area, parcel, or tract of land
'~~der single ownership into two or more parcels, tracts, lots, or long-term leasehold
.~ ,mterests where the creation of the leasehold interest necessitates the creation of streets,
i.. roads, or alleys, for residential, commercial, industrial, or other use or any combination
'.;;;thereof, except those separations:
'-. (a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger
m size and 500 feet in width for residential uses and five acres or larger in size for com-
mercial and industrial uses;
(b) Creating cemetery lots;
(c) Resulting from court orders, or the adjustment of a lot line by the relocation
of a common boundary.
Subd. 13. "Plat" means the drawing or map of a subdivision prepared for filing
of record pursuant to chapter 505 and containing all elements and requirements set
forth in applicable local regulations adopted pursuant to section 462.358 and chapter
505.
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462.352 HOUSING, REDEVELOPMENT, PLANNING, ZONING
866
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Subd. 14. "Subdivision regulation" means an ordinance adopted pursuant to sec-
tion 462.358 regulating the subdivision of land.
Subd. 15. "Official controls" or "controls" means ordinances and regulations
which control the physical development of a city, county or town or any part thereof
including air space and subsurface areas necessary for mined underground space devel.
opment pursuant to sections 469.135 to 469.141, or any detail thereof and implement
the general objectives of the comprehensive plan. Official controls may include ordi-
nances establishing zoning, subdivision controls, site plan regulations, sanitary codes,
building codes and official maps.
Subd. 16. "Preliminary approval" means official action taken by a municipality on
an application to create a subdivision whil;:h establishes the rights and obligations set
forth in section 462.358 and the applicable subdivision regulation. In accordance with
section 462.358, and unless otherwise specified in the applicable subdivision regula.
tion, preliminary approval may be granted only following the review and approval of
a preliminary plat or other map or drawing establishing without limitation the number: ;:'
layout. and location of lots, tracts, blocks, and parcels to be created, location of stree~ ':
roads, utilities and facilities, park and drainage facilities, and lands to be dedicated for '"
public use.
Subd. 17. Property rights. The words "area," "interest in real property, " "ground," "
"land," "lot," "parcel," "property," "real estate," "real property," "site," "territory;"~'
and "tract." and other terms describing real property shall include within their mean.,:
ing, but not be limited to, air space and subsurface areas necessary for mined under:
ground space development pursuant to sections 469.135 to 469.141.
History: 1965 c 670 s 2: 1973 c 123 art 5 s 7: 1974 c 317 s 2: 1980 c 509 s 153; 1980::,
c 566 s 19-23; 1982 c 507 s 21: 1982 c 520 s 3: 1985 c 194 s 17-22: 1989 c 209 art 2 s~r :
462.353 AUTHORI1Y TO Pl:AN.
Subdivision 1. General authority. A municipality may carry on comprehensive ~
munjcipal planning activities for guiding the future development and improvement Qf..'
the municipality and may prepare, adopt and amend a comprehensive municipal plan:.
and implement such plan by ordinance and other official actions in accordance with -
the provisions of sections 462.351 to 462.364. ,,:.,"
Subd. 2. Studies and reports. In exercising its powers under subdivision 1, ~ '~;
municipality may collect and analyze data, prepare maps, charts, tables, and other il1~ ~,
trations and displays, and conduct necessary studies. A municipality may publicize its
purposes, suggestions, and findings on planning matters, may distribute repor(s:
thereon, and may advise the public on the planning matters within the scope of its.
duties and objectives. 'l.~
Subd. 3. Appropriation and contracts. A municipality may appropriate mo~exs:-:
from any fund not dedicated to other purposes in order to finance its planning activw.
ties. A municipality may receive and expend grants and gifts for planning purposes an~
may enter into contracts with the federal and state governments or with other pub~
or private agencies in furtherance of the planning activities authorized by sectief
462.351 to 462.364. .
Subd. 4. Fees. A municipality may prescribe fees sufficient to defray the' co,
incurred by it in reviewing, investigating, and administering an application for .'
amendment to an official control established pursuant to sections 462.351 to 462.361
or an application for a permit or other approval required under an official control esta
lished pursuant to those sections. Fees as prescribed shall be by ordinance.~,
History: 1965 c 670 s 3: 1982 c 415 s 1
462.354 ORGANIZATION FOR PLANNING.
Subdivision 1. Planning agency. A municipality may by charter or ordinance
a planning agency. A planning agency created by ordinance may be abolished bY"
thirds vote of all the members of the governing body. The planning agency shall be .
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HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.355
except as other powers and duties are imposed on it by sections 462.351 to
.364, by statute, by charter, or by ordinance consistent with the municipal charter.
e planning agency may take the following alternative forms:
~ (1) It may consist of a planning commission, which mayor may not include
nicipal officials among its members. The planning commission may be provided
th staff which may be a division of the administrative structure of the municipal gov-
inment. The commission shall be advisory directly to the governing body.
'f (2) It may consist of a planning department with a planning commission advisory
" it and shall function as a department advisory to the governing body and the munici-
.'lll administration. The planning department may be provided with an executive direc-
or and other staff as in the case of other municipal departments.
J' i,:~: Subd. 2, Board of adjustments and appeals. The governing body of any municipal-
'1tY adopting or having in effect a zoning ordinance or an official map shall provide by
::~ ordinance for a board of appeals and adjustments. The board shall have the powers set
'forth in section 462.357, subdivision 6 and section 462.359, subdivision 4. Except as
::.eoiherwise provided by charter, the governing body may provide alternatively that there
"'be a separate board of appeals and adjustments or that the governing body or the plan-
"Jiing commission or a committee of the planning commission serve as the board of
jippeals and adjustments, and it may provide an appropriate name for the board. The
~:~ard may be given such other duties as the governing body may direct.
"~' .~. In any municipality where the council does not serve as the board, the governing
/l~y may, except as otherwise provided by charter, provide that the decisions of the
:w>ard on matters within its jurisdiction are final subject to judicial review or are final
r:!~bject to appeal to the council and the right of later judicial review or are advisory to
dh~ council. Hearings by the board of appeals and adjustments shall be held within such
::IJime and upon such notice to interested parties as is provided in the ordinance estab-
'lishing the board. The board shall within a reasonable time make its order deciding the
: 'matter and shall serve a copy of such order upon the appellant or petitioner by mail.
. ~y party may appear at the hearing in person or by agent or attorney. Subject to such
. ~ 'tations as may be imposed by the governing body, the board may adopt rules for
"'the conduct of proceedings before it. Such rules may include provisions for the giving
.... ~f oaths to witnesses and the filing of written briefs by the parties. The board shall pro-
,_ ~. de for a record of its proceedings which shall include the minutes of its meetings, its
.:~Wtdings, and the action taken on each matter heard by it, including the final order. In
.~y municipality in which the planning agency does not act as the board of adjustments
. d appeals, the board shall make no decision on an appeal or petition until the plan-
. g agency, if there is one, or a representative authorized by it has had reasonable
:pportunity, not to exceed 60 days, to review and report to the board of adjustments
../and appeals upon the appeal or petition. .
. History: 1965 c 670 s 4; 1967 c 493 s 1
.~ .462.355 PREPARATION, ADOPTION, AND AMENDMENT OF COMPREHEN-
, SIVE MUNICIPAL PLAN.
Subdivision 1. Preparation and review. The planning agency shall prepare the com-
prehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the compre-
hensive municipal plan. In its planning activities the planning agency shall take due
cognizance of the planning activities of adjacent units of government and other affected
public agencies. The planning agency shall periodically review the plan and recommend
amendments whenever necessary.
Subd. 2. Procedure for plan adoption and amendment. The planning agency may,
unles~ otherwise provided by charter or ordinance consistent with the municipal char-
ter, recommend to the governing body the adoption and amendment from time to time
of a comprehensive municipal plan. The plan may be prepared and adopted in sections,
each of which relates to a major subject of the plan or to a major geographical section
.
.
.
462.355 HOUSING, REDEVELOPMENT, PLANNING, ZONING
868
.
of the municipality. The governing body may propose the comprehensive municipal
plan and amendments to it by resolution submitted to the planning agency. Before
adopting the comprehensive municipal plan or any section or amendment of the plan,
the planning agency shall hold at least one public hearing thereon. A notice of the time,
place and purpose of the hearing shall be published once in the official newspaper of
the municipality at least ten days before the day of the hearing.
Subd. 3. Adoption by governing body. A proposed comprehensive plan or an
amendment to it may not be acted upon by the governing body until it has received
the recommendation of the planning agency or until 60 days have elapsed from the date
an amendment proposed by the governing body has been submitted to the planning
agency for its recommendation. Unless otherwise provided by charter, the governing
body may by resolution by a two-thirds vote of all of its members adopt and amend
the comprehensive plan or portion thereof as the official municipal plan upon such
notice and hearing as may be prescribed by ordinance.
Subd. 4. Interim ordinance. If a municipality is conducting studies or has autho-
rized a study to be conducted or has held or has scheduled a hearing for the purpose
of considering adoption or amendment of a comprehensive plan or official controls as
defined in section 462.352, subdivision IS, or if new territory for which plans or con-
trols have not ~een adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or part of its jurisdiction
for the purpose of protecting the planning process and the health, safety and welfare
of its citizens. The interim ordinance may regulate, restrict or prohibit any use, devel-
opment, or subdivision within the jurisdiction or a portion thereof for a period not to
exceed one year from the date it is effective, and may be extended for such additional
periods as the municipality may deem appropriate, not exceeding a total additional
period of 18 months. No interim ordinance may halt, delay, or impede a subdivision
which has been given preliminary approval prior to the effective date of the interim
ordinance. .
History: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 566 s 24; 1983 c
216 art 1 s 67; 1985 c 62 s 1.2
462.356 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY.
Subdivision 1. Recommendations for plan execution. Upon the recommendation by
the planning agency of the comprehensive municipal plan or sections thereof, the plan-
ning agency shall study and propose to the governing body reasonable and practicable
means for putting the plan or section of the plan into effect. Subject to the limitations .-
of the following sections, such means include, but are not limited to, zoning regulationS,
regulations for the subdivision of land, an official map, a program for coordination of
the normal public improvements and services of the municipality, urban renewal and
a capital improvements program. . _.
Subd. 2. Compliance with plan. After a comprehensive municipal plan or section - :..
thereof has been recommended by the planning agency and a copy filed with the govern., -
ing body, no publicly owned interest in real property within the municipality shall be. >
acquired or disposed of, nor shall any capital improvement be authorized by the munic-',
ipality or special district or agency thereof or any other political subdivision having ".-
jurisdiction within the municipality until after the planning agency has reviewed th~~"l
proposed acquisition, disposal, or capital improvement and reported in writing to the:...,
governing body or other special district or agency or political subdivision concem~:'
its findings as to compliance of the proposed acquisition, disposal or improvement W1~
the comprehensive municipal plan. Failure of the planning agency to report on the P j'
posal within 45 days after such a reference, or such other period as may be designat~
by the governing body shall be deemed to have satisfied the requirements of this subdi."
vision. The governing body may, by resolution adopted by two-thirds vote dispe~
with the requirements of this subdivision when in its judgment it finds that the ~
posed acquisition or disposal of real property or capital improvement has no rela~
ship to the comprehensive municipal plan.
History: 1965 c 670 s 6
~
.
.~
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.:ii
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~:
~
~~
~'869
.,1("':,
HOUSING, REDEVELOPMENT, PLANNING, ZOlll..NG 462.357
;/;': 462.357 PROCEDURE FOR PLAN EFFECIUATlON; ZONING.
~~;~r: Subdivision 1. Authority for zoning. For the purpose of promoting the public
:;::::'health, safety, morals, and general welfare, a municipality may by ordinance regulate
*'-'::O'n the earth's surface, in the air space above the surface, and in subsurface areas, the
;:~;;~location, height, width, bulk, type of foundation, number of stories, size of buildings
'..<tand other structures, the percentage oflot which may be occupied, the size of yards and
: : other open spaces, the density and distribution of population, the uses of buildings and
- r'structures for trade, industry, residence, recreation, public activities, or other purposes,
'and the uses ofland for trade, industry, residence, recreation, agriculture, forestry, soil
conservation, water supply conservation, conservation ofshorelands, as defined in sec-
. tions 1 03F.20 1 to 1 03F.221, access to direct sunlight for solar energy systems as defined
: in section 216C.06, flood control or other purposes, and may establish standards and
: procedures regulating such uses. No regulation may prohibit earth sheltered construc-
. tion as defined in section 216C.06, subdivision 2, relocated residential buildings, or
manufactured homes built in conformance with sections 327.31 to 327.35 that comply
with all other zoning ordinances promulgated pursuant to this section. The regulations
may divide the surface, above surface, and subsurface areas of the municipality into
districts or zones of suitable numbers, shape, and area. The regulations shall be uniform
for each class or kind of buildings, structures, or land and for each class or kind of use
throughout such district, but the regulations in one district may differ from those in
other districts. The ordinance embodying these regulations shall be known as the zon-
ing ordinan~e and shall consist of text and maps. A city may by ordinance extend the
. application of its zoning regulations to unincorporated territory located within two
. miles of its limits in any direction, but not in a county or town which has adopted zon-
~.:~ inS regulations; provided that where two or more noncontiguous municipalities have
~, . boundaries less than four miles apart, each is authorized to control the zoning of land
:L. ~on its side of a line equidistant between the two noncontiguous municipalities unless
~~~. ~ a town or county in the affected area has adopted zoning regulations. Any city may
::::.=.thereafter enforce such regulations in the area to the same extent as if such property
~ ,were situated within its corporate limits, until the county or town board adopts a com-
~~~~)rehensive zoning regulation which includes the area.
;;","<,,'., . Subd. 1 a. Certain zoning ordinances. A municipality must not enact, amend, or
~?. enforce a zoning ordinance that has the effect of altering the existing density, lot-size
f~ . requirements, or manufactured home setback requirements in any manufactured home
~'. park constructed before January 1, 1995, if the manufactured home park, when con-
il ~~cted, complied with the then existing density, lot-size and setback requirements.
~.. Subd. 2. General requirements. At any time after the adoption of a land use plan
~;~~~. for the municipality, the planning agency, for the purpose of carrying out the policies
~::::-:'and goals of the land use plan, may prepare a proposed zoning ordinance and submit
;':,_ . it to the governing body with its recommendations for adoption. Subject to the require-
~~; ments of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning
""'". "ordinance by a two-thirds vote of all its members. If the comprehensive municipal plan
.. . is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan.
. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be
adopted until a public hearing has been held thereon by the planning agency or by the
governing body. A notice of the time, place and purpose of the hearing shall be pub-
lished in the official newspaper of the municipality at least ten days prior to the day of
the hearing. When an amendment involves changes in district boundaries affecting an
area of five acres or less, a similar notice shall be mailed at least ten days before the
day of the hearing to each owner of affected property and property situated wholly or
Partly within 350 feet of the property to which the amendment relates. For the purpose
of giving mailed notice, the person responsible for mailing the notice may use any
appropriate records to determine the names and addresses of owners. A copy of the
notice and a list of the owners and addresses to which the notice was sent shall be
attested to by the responsible person and shall be made a part of the records of the pro-
ceedings. The failure to give mailed notice to individual property owners, or defects
.
.
.
.
462.357 HOUSING, REDEVELOPMENT, PLANNING, ZONING
870
.
in the notice shall not invalidate the proceedings, provided a bona fide attempt to com-
ply with this subdivision has been made.
Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by
the governing body, the planning agency, or by petition of affected property owners as
defined in the zoning ordinance. An amendment not initiated by the planning agency
shall be referred to the planning agency, if there is one, for study and report and may
not be acted upon by the governing body until it has received the recommendation of
the planning agency on the proposed amendment or until 60 days have elapsed from
the date of reference of the amendment without a report by the planning agency.
Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivi-
sion apply to cities of the first class. In such cities amendments to a zoning ordinance
shall be made in conformance with this section but only after there shall have been filed
in the office ofthe city clerk a written consent of the owners of two-thirds of the several
descriptions of real estate situate within 100 feet of the total contiguous descriptions ;
of real estate held by the same owner or any party purchasing any such contiguous prop- ,;
erty within one year preceding the request, and after the affirmative vote in favor' ;~
thereof by a majority of the members of the governing body of any such city. The gov- .~
erning body of such city may, by a two-thirds vote of its members, after hearing, adopt
a new zoning ordinance without such written consent whenever the planning commis- "-
sion or planning board of such city shall have made a survey of the whole area of the ~.~
city or of an area of not less than 40 acres, within which the new ordinance or the -;.
amendments or alterations of the existing ordinance would take effect when adopted, ',-
and shall have considered whether the number of descriptions of real estate affected by '. _~.
such changes and alterations renders the obtaining of such written consent impracti~ "
and such planning commission or planning board shall report in writing as to whether. ::'
in its opinion the proposals of the governing body in any case are reasonably related .:
to the overall needs of the community, to existing land use, or to a plan for future land ,'}.
use, and shall have conducted a public hearing on such proposed ordinance, changes
or alterations, of which hearing published notice shall have been given in a daily news-
paper of general circulation at least once each week for three successive weeks prior to . .
such hearing, which notice shall state the time, place and purpose of such hearing, and,.
shall have reported to the governing body of the city its findings and recommendations' .
in writing.
Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjust- .-
ments may be taken by any affected person upon compliance with any reasonable con- -~:
ditions imposed by the zoning ordinance. The board of appeals and adjustments bas .~'~
the following powers with respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any;:.
order, requirement, decision, or determination made by an administrative officer in w.,e ~
enforcement of the zoning ordinance. " . .'
(2) To hear requests for variances from the literal provisions of the ordinance in _
instances where their strict enforcement would cause undue hardship because of cir~:_
cumstances unique to the individual property under consideration, and to grant suclJ:
variances only when it is demonstrated that such actions will be in keeping with the
spirit and intent of the ordinance. "Undue hardship" as used in connection with the:
granting of a variance means the property in question cannot be put to a reasonable:
use if used under conditions allowed by the official controls, the plight of the landoWB(:t;
is due to circumstances unique to the property not created by the landowner, and~~:"
variance, if granted, will not alter the essential character of the locality. Economic ~~:.
siderations alone shall not constitute an undue hardship if reasonable use for the p~ '.
erty exists under the terms ofthe ordinance. Undue hardship also includes, but is~~".
limited to, inadequate access to direct sunlight for solar energy systems. V ariances~~...
be granted for earth sheltered construction as defined in section 216C.06, subdiVlS1:
2, when in harmony with the ordinance. The board of appeals and adjustments ~r ."'.
governing body as the case may be, may not pennit as a variance any use that 15 .~
permitted under the ordinance for property in the zone where the affected pen:on's laD
.
~
.
;""871
't'
,,-
f.iiis located. The board or governing body as the case may be, may permit as a variance
&the temporary use of a one family dw~l1ing as a tw~ ,fam~y dwelling. ,The boar~ or gov-
~rning body as the case may be may Impose condItIons In the grantIng of vanances to
~DinSure compliance and to protect adjacent properties.
!J.it'... Subd. 6a. Normal residential surroundings for handicapped. It is the policy of this
~ttsiilte that handicapped persons and children should not be excluded by municipal zon-
~j~g ordinances or other land use regulations from the benefits of normal residential sur-
'iJrfOundings. For purposes of subdivisions 6a through 9, "person" has the meaning given
f:,.J:in section 245A.02, subdivision II,
: J;r' Subd. 7, Permitted single family use. A state licensed residential facility serving six
,'~~cir fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
:':.l'CamilY day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445
?~:rto serve 14 or fewer children shall be considered a permitted single family residential
.:/'Usc of property for the purposes of zoning.
; '; Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision
,;c.J: 7 or in any town, municipal or county zoning regulation as authorized by this subdivi-
::: sion, a state licensed residential facility serving from 7 through 16 persons or a licensed
. ~ -. day care facility serving from 13 through 16 persons shall be considered a permitted
-.multifamily residential use of property for purposes ofzoning. A township, municipal
< " or county zoning authority may require a conditional use or special use permit in order
;. . c. to assure proper maintenance and operation of a facility, provided that no conditions
~':."'shal1 be imposed on the facility which are more restrictive than those imposed on other
i . . conditional uses or special uses of residential property in the same zones, unless the
~. t. additional conditions are necessary to protect the health and safety of the residents of
i . the residential facility. Nothing herein shall be construed to exclude or prohibit residen-
~:..tial or day care facilities from single family zones if otherwise permitted by a local zon-
i:..; ing regulation.
$.~ History: 1965 c 670 s 7: 1969 c 259 s 1: 1973 c 123 art 5 s 7: 1973 c 379 s 4: 1973
~. - c 539 s 1: 1973 c 559 s 1.2: 1975 c 60 s 2: 1978 c 786 s 14.15: Ex1979 c 2 s 42.43: 1981
g-:.: c 356 s 248: 1982 c 490 s 2: 1982 c 507 s 22: 1984 c 617 s 6-8: 1985 c 62 s 3: 1985 c 194
&:,s 23: 1986 c 444: 1987 c 333 s 22: 1989 c 82 s 2: 1990 c 391 art 8 s 47: 1990 c 568 art
tt;) s 66.67: 1994 c 473 s 3
~b.:462.3S8 PROCEDURE FOR PLAN EFFEcruA 110N; SUBDIVISION REGULA-
~lJl0NS. .
Subdivision 1. (Repealed, 1980 c 566 s 35]
. Subd. 11. Authority. To protect and promote the public health, safety, and general
'c~_welfare, to provide for the orderly, economic, and safe development ofland, to preserve
';"':.. agricultural lands, to promote the availability of housing affordable to persons and fam-
l'f'.~"; ilies of all income levels, and to facilitate adequate provision foruansportation, water,
1t': sewage, storm drainage, schools, parks, playgrounds, and other public services and
~i: facilities, a municipality may by ordinance adopt subdivision regulations establishing
~:.: . standards, requirements, and procedures for the review and approval or disapproval
r .: of subdivisions. The regulations may contain varied provisions respecting, and be
~ made applicable only to, certain classes or kinds of subdivisions. The regulations shall
_ be uniform for each class or kind of subdivision.
A municipality may by resolution extend the application of its subdivision regula-
tions to unincorporated territory located within two miles of its limits in any direction
but not in a town which has adopted subdivision regulations; provided that where two
or more noncontiguous municipalities have boundaries less than four miles apart, each
is authorized to control the subdivision of land equal distance from its boundaries
within this area.
Subd. 2. (Repealed, 1980 c 566 s 35]
Subd. 21. Terms ofregulations. The standards and requirements in the regulations
may address without limitation: the size, location, grading, and improvement of lots,
HOUSING. REDE....ELOPM~,.. PLANNING. ZONING 462.358
.
.
~
t'-..
~
.
462.358 HOUSING, REDEVELOPMENT, PLANNING, ZONING
872
.
structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply,
storm drainage, lighting, sewers. electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and conservation of flood
plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and
ecologic features. The regulations shall require that subdivisions be consistent with the
municipality's official map if one exists and its zoning ordinance, and may require con-
sistency with other official controls and the comprehensive plan. The regulations may
prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent
with the comprehensive plan and the purposes of this section, particularly the preserva-
tion of agricultural lands. The regulations may prohibit, restrict or control development
for the purpose of protecting and assuring access to direct sunlight for solar energy sys-
tems. The regulations may prohibit, restrict, or control surface, above surface, or sub-
surface development for the purpose of protecting subsurface areas for existing or
potential mined underground space development pursuant to sections 469.135 to
469.141, and access thereto. The regulations may prohibit the issuance of building per-
mits for any tracts, lots, or parcels for which required subdivision approval has not been
obtained.
The regulations may permit the municipality to condition its approval on the con-
struction and installation of sewers, streets, electric, gas, drainage, and water facilities,
and similar utilities and improvements or, in lieu thereof, on the receipt by the munici-
pality of a cash deposit, certified check, irrevocable letter of credit, or bond in an
amount and with surety and conditions sufficient to assure the municipality that the
utilities and improvements will be constructed or. installed according to the specifica-
tions of the municipality. Sections 471.345 and 574.26 do not apply to improvements
made by a subdivider or a subdivider's contractor.
The regulations may permit the municipality to condition its approval on compli-
-:
ance with other requirements reasonably related to the provisions of the regulations
and to execute development contracts embodying the terms and conditions of
approval. The municipality may enforce such agreements and conditions by appropri- -
ate legal and equitable remedies.
Subd. 2b. Dedication. The regulations may require that a reasonable portion of any
proposed subdivision be dedicated to the public or preserved for public use as streets,
roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas
or ponds and similar utilities and improvements.
In addition, the regulations may require that a reasonable portion of any proposed
subdivision be dedicated to the public or preserved for conservation purposes or for
public use as parks, playgrounds, trails, wetlands, or open space; provided that (a) the
municipality may choose to accept an equivalent amount in cash from the applicant =,
for part or all of the portion required to be dedicated to such public uses or purposes ~
based on the fair market value of the land no later than at the time of final approval, ."
(b) any cash payments received shall be placed in a special fund by the municipality :~
used only for the purposes for which the money was obtained, (c) in establishing the.~
reasonable portion to be dedicated, the regulations may consider the open space, park. ~I
recreational, or common areas and facilities which the applicant proposes to reserve ~.:
for the subdivision, and (d) the municipality reasonably determines that it will need.~
to acquire that portion of land for the purposes stated in this paragraph as a result o{-~
approval of the subdivision. .
Subd. 3. [Repealed, 1980 c 566 s 35}
Subd. 3a. Platting. The regulations may require that any subdivision creating pat:
eels, tracts, or lots, shall be platted. The regulations shall require that all subdivisl0~
which create five or more lots or parcels which are 2-112 acres or less in size shallPf
platted. The ~gulations shall not conflict with the provisions of chapter 50S but ~y
address subjects similar and additional to those in that chapter. ".:
Subd. 3b. Review procedures. The regulations shall include provisions regard;in.
the content of applications for proposed subdivisions, the preliminary and final reVl~tb.l
and approval or disapproval of applications, and tBe coordination of such revieWS~.
.
.
f~
t;,7
&i'
....
B
~ .873
~,.
!!J ~ affected political subdivisions and state agencies. The regulations may provide for the
~ .consolidatio~ o.fthe preliminary and final review and appro,:al or disapproval of.s~~di-
p.;=;. ~visions. Prehmmary or final approval may be granted or demed for parts of subdiVIsion
~"f~applications. The regulations may delegate the authority to review proposals to the
rr~ planning commission, but final approval or disapproval shall be the decision of the gov-
~!erning body of the municipality unless otherwise provided by law or charter. The regu-
f ~lations shall require that a public hearing shall be held on all subdivision applications
ifi'".:. ';'.prior to preliminary approval, unless otherwise provided by law or charter. The hearing
t=:: : shall be held following publication of notice of the time and place thereofin the official
fr newspaper at least ten days before the day of the hearing. At the hearing, all persons
'. interested shall be given an opportunity to make presentations. A subdivision applica-
::."' tion shall be preliminarily approved or disapproved within 120 days following delivery
. of an application completed in compliance with the municipal ordinance by the appli-
.::C cant to the municipality, unless an extension of the review period has been agreed to
b=: by the applicant. When a division or subdivision to which the regulations of the munici-
~,'. pality do not apply is presented to the city, the clerk of the municipality shall within
,;.,. ten days certify that the subdivision regulations of the municipality do not apply to the
~~ particular division.
f If the municipality or the responsible agency of the municipality fails to prelimi-
narily approve or disapprove an application within the review period, the application
=, shall be deemed preliminarily approved, and upon demand the municipality shall exe-
~ cute a certificate to that effect. Following preliminary approval the applicant may
- request final approval by the municipality, and upon such request the municipality
t: shall certify final approval within 60 days if the applicant has complied with all condi-
,7, tions and requirements of applicable regulations and all conditions and requirements
~" upon which the preliminary approval is expressly conditioned either through perf or-
~.'. mance or the execution of appropriate agreements assuring performance. If the munici-
tk. pality fails to certify final approval as so required, and if the applicant has complied
~.. with all conditions and requirements, the application shall be deemed finally approved,
;L" and upon demand the municipality shall execute a certificate to that effect. After final
~ approval a subdivision may be filed or recorded.
liil:"_.
~ Subd. 3c. Effect of subdivision approval. For one year following preliminary
~ approval and for two years following final approval, unless the subdivider and the
~, 'municipality agree otherwise, no amendment to a comprehensive plan or official con-
trol shall apply to or affect the use, development density, lot size, lot layout, or dedica-
tion or platting required or permitted by the approved application. Thereafter,
pursuant to its regulations, the municipality may extend the period by agreement with
" . the subdivider and subject to all applicable performance conditions and requirements,
'-'. or it may require submission of a new application unless substantial physical activity
~. ".;".' and investment has occurred in reasonable reliance on the approved application and
=- the subdivider will suffer substantial financial damage as a consequence of a require-
~ ment to submit a new application. In connection with a subdivision involving planned
~ and staged development, a municipality may by resolution or agreement grant the
t; rights referred to herein for such periods of time longer than two years which it deter-
;;.: mines to be reasonable and appropriate.
Subd. 4. [Repealed, 1982 c 41 S s 3]
Subd. 41. Disclosure by seller; buyer's action for damages. A person conveying a
new parcel of land which, or the plat for which, has not previously been filed or
recorded, and which is part of or would constitute a subdivision to which adopted
municipal subdivision regulations apply, shall attach to the instrument of conveyance
either: (a) recordable certification by the clerk of the municipality that the subdivision
regulations do not apply, or that the subdivision has been approved by the governing
body, or that the restrictions on the division of taxes and filing and recording have been
waived by resolution of the governing body of the municipality in this case because
compliance will create an unnecessary hardship and failure to comply will not interfere
with the purpose of the regulations; or (b) a statement which names and identifies the
HOUSING. REDEVELOPMENT, PLANNING, ZONING 462.358
.
.~
.
'-
<:;;
.
462.358 HOUSING. REDEVELOPMEl'I'T. PLANNING. ZONING
874
.
location of the appropriate municipal offices and advises the grantee that municipal
subdivision and zoning regulations may restrict the use or restrict or prohibit the devel-
opment ofthe parcel, or construction on it, and that the division of taxes and the filing
or recording of the conveyance may be prohibited without prior recordable certifica-
tion of approval, nonapplicability, or waiver from the municipality. In any action com-
menced by a buyer of such a parcel against the seller thereof, the misrepresentation of
or the failure to disclose material facts in accordance with this subdivision shall be
grounds for damages. If the buyer establishes a right to damages, a district court hearing
the matter may in its discretion also award to the buyer an amount sufficient to pay aU
or any part of the costs incurred in maintaining the action, including reasonable attor-
ney fees, and an amount for punitive damages not exceeding five per centum of the pur-
chase price of the land.
Subd. 4b. Restrictions on filing and recording conveyances. In a municipality in
which subdivision regulations are in force and have been filed or recorded as provided
in this section, no conveyance of land to which the regulations are applicable shall be
filed or recorded, if the land is described in the conveyance by metes and bounds or
by reference to an unapproved registered land survey made after April 21, 1961 or to
an unapproved plat made after such regulations become effective. The foregoing provi-
sion does not apply to a conveyance if the land described:
(1) was a separate parcel of record April 1 , 1945 or the date of adoption of subdivi-
sion regulations under Laws 1945. Chapter 287, whichever is the later, or of the adop-
tion of subdivision regulations pursuant to a home rule charter, or
(2) was the subject of a written agreement to convey entered into prior to such
time,
(3) was a separate parcel of not less than 2-112 acres in area and 150 feet in width --
on January I, 1966, or
(4) was a separate parcel of not less than five acres in area and 300 feet in width
on July 1, 1980, or
-
(5) is a single parcel of commercial or industrial land of not less than five acres and
having a width of not less than 300 feet and its conveyance does not result in the divi-
sion of the parcel into two or more lots or parcels, anyone of which is less than five
acres in area or 300 feet in width, or
(6) is a single parcel of residential or agricultural land of not less than 20 acres and -
having a width of not less than 500 feet and its conveyance does not result in the divi-
sion of the parcel into two or more lots or parcels, anyone of which is less than 20 acres
in area or 500 feet in width. :I
,4
In any case in which compliance with the foregoing restrictions will create an ~
unnecessary hardship and failure to comply does not interfere with the purpose of the "
subdivision regulations. the platting authority may waive such compliance by adoption ...,
of a resolution to that effect and the conveyance may then be filed or recorded. Any '.:,<i
owner or agent of the owner ofland who conveys a lot or parcel in violation of the provi- ]
sions of this subdivision shall forfeit and pay to the municipality a penalty of not less . :.:J
than $100 for each lot or parcel so conveyed. A municipality may enjoin such convey- c~
ance or may recover such penalty by a civil action in any court of competent jurisdic- -.
~ ~
Subd. 5. Permits. Except as otherwise provided by this section all electric and gas -',
distribution lines or piping, roadways, curbs, walks and other similar improvements.':;
shall be constructed only on a street, alley, or other public way or easement whic~ ~"
designated on an approved plat, or properly indicated on the official map of the mu~~--:':
pality, or which has otherwise been approved by the governing body. When a rnuDlCl-:
pality has adopted an official map, no permit for the erection of any building shall be
issued unless the building is to be located upon a parcel of land abutting on a street 0
highway which has been designated upon an approved plat or on the official rna~ 0._
which has been otherwise approved by the governing bopy, and unless the buildiD~.
conform to the established building line. This limitation on issuing permits shall no~
=
.
.
HOUSING. REDEVELOPMENT. PLANNING. ZONING 462.3585
'\pplY to planned developments approved by the governing body pursuant to its zoning
. ordinance. No permit shall be issued for the construction of a building on any lot or
:parcel conveyed in violation of the provisions of this section.
.C'.- Subd. 6. Variances. Subdivision regulations may provide for a procedure for vary-
"ling the regulations as they apply to specific properties where an unusual hardship on
....the land exists, but variances may be granted only upon the specific grounds set forth
.of~':in the regulations. Unusual hardship includes, but is not limited to, inadequate access
~. ,to direct sunlight for solar energy systems.
~" Subd. 7. Vacation. The governing body ofa municipality may vacate any publicly
~"-';; owned utility easement or boulevard reserve or any portion thereof, which are not being
(7_ used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for
?:~_. ,boulevard reserve purposes, in the same manner as vacation proceedings are conducted
._,-...- for streets, alleys and other public ways under a home rule charter or other provisions
S of law.
r.;:-- A boulevard reserve means an easement established adjacent to a dedicated street
~_ for the purpose of establishing open space adjacent to the street and which area is des-
;'~;r ignated on the recorded plat as "boulevard reserve".
" .. Subd. 8. Plat approval under other laws. Nothing in this section is to be construed
as a limitation on the authority of municipalities which have not adopted subdivision
:.:~,. regulations to approve plats under any other provision oflaw.
g.t Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities
tl'.. may apply to parcels which are taken from existing parcels of record by metes and
i~: bounds descriptions, and the governing body or building authority may deny the issu-
If ~ce ofbuil~ing permits to any parcels so divided, pending compliance with subdivi-
_.: Slon regulations.
p;:" Subd. 10. Limitations. Nothing in this section shall be construed to require a
~. municipality to regulate subdivisions or to regulate all subdivisions which it is autho-
E 'rized to regulate by this section.
e""'"-
~.~: History: 1965 c 670 s 8: 1971 c 842 s 1: 1973 c 67 s 1: 1973 c 176 s 1: 1975 c 98 s
E 1; 1976 c 181 s 2; 1978 c 786 s 16.17: 1980 c 560 s 6; 1980 c 566 s 25-33; 1981 c 85 s 7:
~ 1982 c 415 s 2; 1982 c 507 s 23; 1985 c 194 s 24; 1986 c 444: 1989 c 196 s 1: 1989 c 200
":s 1; 1989 c 209 art 2 s 1
.' 461.3585 JOINT PLANNING BOARD.
. Upon request of a home rule charter or statutory city council or county or town
. board by resolution presented to the county auditor of the county of the affected terri-
.tory a board shall be established to exercise planning and land use control authority in
.: the unincorporated area within two miles of the corporate limits of a city. The board
;:-i~" . shall have members in a number determined by the city, county, and town. Each gov-
1>~. emmental unit shall have an equal number of members. The members shall be
~. appointed from the governing bodies of the city, county, and town. Upon request of
~.",'. more than one county or town board with respect to the unincorporated area within
:;-. . two miles of the corporate limits of a single city, the parties may create one board rather
than a separate board for each county or town, with equal membership from each
affected governmental unit. The board shall serve as the governing body and board of
appeals and adjustments for purposes of sections 462.351 to 462.364 within the two-
mile area. The board shall have all of the powers contained in sections 462.351 to
462.364 and shall have authority to adopt and enforce the uniform fire code promul-
gated pursuant to section 299F.0 11. The city shall provide staff for the preparation and
administration ofland use controls unless otherwise agreed by the governmental units.
If a municipality extends the application of its subdivision regulations to unincorpo-
rated territory located within two miles ofits limits pursuant to section 462.358, subdi-
vision 11, before the creation of a joint board, the subdivision regulations which the
~unicipality has extended shall apply until the joint board adopts subdivision regula-
tions.
History: 1982 c 507 s 24
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462.359 HOUSING, REDEVELOPMENT. PLANNING, ZONING
876
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462.359 PROCEDURE FOR PLAN EFFECTUATION; OFFICIAL MAPS.
Subdivision I. Statement of purpose. Land that is needed for future street purposes
and as sites for other necessary public facilities and services is frequently diverted to
nonpublic uses which could have been located on other lands without hardship or
inconvenience to the owners. When this happens, public uses of land may be denied
or may be obtained later only at prohibitive cost or at the expense of dislocating the
owners and occupants ofthe land. Identification on an official map ofland needed for
future public uses permits both the public and private property owners to adjust their
building plans equitably and conveniently before investments are made which will
make such adjustments difficult to accomplish.
Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare
plan and a community facilities plan, it may, for the purpose of carrying out the policies
ofthe major thoroughfare plan and community facilities plan, prepare and recommend
to the governing body a proposed official map covering the entire municipality or any
portion thereof. The governing body may, after holding a public hearing, adopt and
amend the official map by ordinance. A notice of the time, place and purpose of the
hearing shall be published in the official newspaper of the municipality at least ten days
prior to the date of the hearing. The official map or maps shall be prepared in sufficient
detail to permit the establishment of the future acquisition lines on the ground. In
unplatted areas a minimum of a centerline survey shall have been made prior to the
preparation of the final draft of the official map. The accuracy of the future acquisition
lines shown on the official map shall be attested to by a registered land surveyor. After
adoption, a copy of the official map, or sections thereofwith a copy of the adopting ordi-
nance attached shall be filed with the county recorder as provided in sections 462.35 I
to 462.364.
Subd. 3. Effect. After an official map has been adopted and filed, the issuance of -
building permits by the municipality shall be subject to the provisions of this section.
Whenever any street or highway is widened or improved or any new street is opened,
or interests in lands for other public purposes are acquir.ed by the municipality, it is
not required in such proceedings to pay for any building or structure placed without
a permit or in violation of conditions ofa permit within the limits of the mapped street
or outside of any building line that may have been established upon the existing street
or within any area thus identified for public purposes. The adoption of an official map
does not give the municipality any right, title, or interest in areas identified for public
purposes thereon, but the adoption of the map does authorize the municipality to
acquire such interests without paying compensation for buildings or structures erected
in such areas without a permit or in violation of the conditions of a permit.
Subd. 4. Appeals. If a permit for a building in such location is denied, the board . ..
of appeals and adjustments shall have the power, upon appeal filed with it by the owner
of the land, to grant a permit for building in such location in any case in which the board
finds, UP9D the evidence and the arguments presented to it, (a) that the entire property --
,;
of the appellant of which such area identified for public purposes forms a part cannot .~1
yield a reasonable return to the owner unless such a permit is granted, and (b) that bal-
ancing the interest of the municipality in preserving the integrity of the official map and .
of the comprehensive municipal plan and the interest of the owner of the property in' ,~,
the use of the property and in the benefits of ownership, the grant of such permit is. :.7
required by considerations of justice and equity. In addition to the notice of hearing' ','{:,
required by section 462.354, subdivision 2, a notice shall be published in the official:~.
newspaper once at least ten days before the day ofthe hearing. If the board of appeals'" f
and adjustments authorizes the issuance of a permit the governing body or other board:.~,;
or commission having jurisdiction shall have six months from the date of the decisioJLc"
of the board to institute proceedings to acquire such land or interest therein, and uno:,
such proceedings are started within that time, the officer responsible for issuing buil~.
ing permits shall issue the permit if the application otherwise conforms to local 0 . '
nances. The board shall specify the exact location, ground area, height and other de
as to the extent and character of the building for which the permit is granted.
History: 1965 c 670 s 9: 1976 c 181 s 2: 1986 c 444
'"'
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HOUSING. REDEVELOPMENT, PLANNING, ZONING 462.36
~. 462.3595 CONDITIONAL USE PERMITS.
Subdivision 1. Authority. The governing body may by ordinance designate certain
types of de~e~o'pments. in~l.uding planned unit ~evelopme~ts, and ce~in land devel-
- opment activItIes as conditIOnal uses under zomng regulatIOns. Conditional uses may
be approved by the governing body or other designated authority by a showing by the
- applicant that the standards and criteria stated in the ordinance will be satisfied. The
: standards and criteria shall include both general requirements for all conditional uses,
- and insofar as practicable, requirements specific to each designated conditional use.
Subd. 2. Public hearings. Public hearings on the granting of conditional use per-
, mits shall be held in the manner provided in section 462.357, subdivision 3.
:~ Subd. 3. Duration. A conditional use permit shall remain in effect as long as the
_ conditions agreed upon are observed, but nothing in this section shall prevent the
municipality from enacting or amending official controls to change the status of condi-
, tional uses.
. Subd. 4. Filing of permit. A certified copy of any conditional use permit shall be
.,- filed with the county recorder or registrar of titles of the county or counties in which
the municipality is located for record. The conditional use permit shall include the legal
description of the property included.
History: 1982 c 507 s 25
,- 462.3597 INTERIM USES.
;:' Subdivision 1. Definition. An "interim use" is a temporary use of property until
~. a particular date, until the occurrence of a particular event, or until zoning regulations
-",: no longer permit it.
; Subd. 2. Authority. Zoning regulations may permit the governing body to allow
~.. interim uses. The regulations may set conditions on interim uses. The governing body
"::. may grant permission for an interim use of property if:
( 1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
, (3) permission of the use will not impose additional costs on the public ifit is nec-
".: essary for the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate
\ for permission of the use.
Any interim use may be terminated by a change in zoning regulations.
Subd. 3. Public hearings. Public hearings on the granting of interim use permits
Shall be held in the manner provided in section 462.357, subdivision 3.
14- .-
. . History: 1989 c 200 s 2
".
.
_;:_ 462.36 CERTIFIED COPIES FILED WITH COUNTY RECORDER.
Subdivision I. Required documents. A certified copy of every ordinance, resolution,
map, or regulation adopted under the provisions of sections 462.358, 462.359, and
462.3595 shall be filed with the county recorder of the county or counties in which the
~unicipality adopting it is located. A certified copy of every variance to abstract or reg-
Istered property granted under section 462.358 shall be filed with the county recorder
. _.. ?r. the registrar of titles of the county or counties in which the municipality granting
"(,. It IS located; except that the requirement to file a variance is satisfied if a certified copy
I::'"" of the resolution citing the existence of the variance is filed identifying the location
J:.' where the variance documents are available for inspection. Ordinances, resolutions,
~~ maps, regulations or variances filed pursuant to this subdivision do not constitute
~. encumbrances on real property. The order issued by the governing body or board of
!l;" appeals and adjustments as the case may be, shall include the legal description of the
t-. property involved. Failure to file an ordinance, resolution, map, regulation, variance,
!t.- Or order shall not affect its validity or enforceability.
i.~~.- Subd. 2. Filing with contiguous planning authorities. A copy of a comprehensive
I
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.
878
462.36 HOUSING. REDEVELOPMENT. PLANNING. ZONING
.
plan adopted by a planning agenCY under tbe provisions of sections 462.3 SIlo 462.364
shall be filed with the governing body of each contiguouS municipality and with the
rogiooal planning a....cy. if any. establisbed to serve lbe area in wbicb lbe municipality
is located.
Subd. 3. Plat approval; filing. Copies of resolutions approving subdivision plats of
land within a municipality, but contiguoUS to another municipality shall be filed with
the governing body of the contiguouS municipality. Copies of resolutions approving
subdivision plats of land outside a municipality but subject to its subdivision regula-
tions shall be filed with the clerk of the town in which the land is situated.
History: 1965 c 670 s 10: 1976 c 181 s 2: 1980 c 509 s 168: 1982 c 507 s 26: 1983
c 187 s 1: 1983 c 216 art 1 s 68: 1988 c 583 s 1
462.361 JUDICIAL REVIEW.
Subdivision 1. Review of action. Any person aggrieved by an ordinance, rule, regu-
lation, decision or order of a governing body or board of adjustments and appeals acting
punuant to sections 462.351 to 462.364 may have sueb ordinance. JUle. regulation,
decision or order, reviewed by an appropriate remedy in the district court, subject to'
the provisions of this section.
Subd. 2. Exhaustion of remedies. In actions brought under this section, a munici-
pality may raise as a defense the fact that lbe complaining partY bas not attempted to
remedy the grievance by use of procedures available for that purpose under ordinance'
or charter. or under sections 462.351 to 462.364. If the court finds that such remedies
have not been exhausted. it shall require the complaining party to pursue those reme-';
dies unless it finds that the use of such remedies would serve no useful purpose under' .
the circumstances of the case.
History: 1965 c 670 s 11: 1986 c 444
462.362 ENFORCEMENT AND PENALTY.
A municipalitY may by ordinance provide for lbe enforcement of ordinances or:
regulations adopted under sections 462.35 I to 462.364 and provide penalties for viola-
tion lbereof. A municipality may also enforce any provision of sections 462-351 10' ;;
462.364 or of any ordinance adopted thereunder by mandantns, i<tiunction. or 8JtY .;.
other appropriate remedy in any court of competent jurisdiction.
History: 1965 c 670 s 12
462.363 PRESENT ORDINANCES CONTINUED.
Except as otberwise provided in sections 462.351 to 462.364, valid ordinances and ,
regulations nOW in e!feet sball continue in e!feet until amended or repealed. .,
History: 1965 c 670 s 13
462.364 INCONSISTENT LAWS. .
Inconsistent spec1allaws and general laws of special application are supersededbl'!.
sections 462.351 to 462.364 to lbe estent ofinconsistency. Nolbing in sectioos 462.35..
to 462.364 is to be coostrUed to a!feet, alter or modify lbe provisions of Special La: '.
of 1887, chapter 108, or Laws 1933, chapter 93..;
History: 1965 c 670 s 14: 1976 c 46 s 1: 1977 c 347 s 58
462.365 EXTENSION OF TIME FOR COMPLIANCE. -"
Any municipalitY whieb bas in elfeet on or before lbe elfective date of Laws 1.9
chapter 566 an ordinance for subdivision controls may elect not to come into CO .
ance wilb any change in subdivision regulations as may be required by LaW'19
chapter 566 until sueb time as lbe ordinance for subdivision controls is nest amen.,
. . .7:
HIstory: 1980 c 566 s 34 -.....
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,Ie review, theail shall state with particularity, with respect to each issue identi-
cd in the SCOpl ocument, the policies, provisions, statements, or other elements in
,letropolitan development guide chapters or policy plans and any other criteria or stan-
lards that wiII be considered or relied on in assessing and determining the metropolitan
Ignificance of the proposed project. The statement may be amended by notice to all
.arties given at least seven days before the public hearing. The statement does not pre-
lude council comment on the consistency of the proposed project with any plans or
.olicies of the council.
(9) Hearings must be conducted in accordance with the following procedures,
mless waived in writing by the parties:
(a) The parties have the right to counsel.
(b) All testimony must be under oath.
(c) A complete and accurate record of all proceedings must be maintained.
(d) Any party or witness may be questioned by the hearing committee or judge,
Ir by other parties.
( e) The burden of proof that a matter is of metropolitan significance is on the coun-
it.
(f) Decisions of the council on the metropolitan significance ofa project must be
lased on a fair preponderance of the relevant evidence contained in the record and on
vritten findings.
Subd. 5. The rules and any major alteration or amendment thereto shall be devel-
lped and promulgated by the council in accordance with the provisions of this section
md, to the extent not inconsistent or at variance with this section, in accordance with
the administrative procedure act, chapter 14, and rules pursuant to thereto. Once the
levelopment of all of the rules has been completed by the council and the committee,
md no later than 30 days prior to the date specified for their adoption, the council shall
(lold a public hearing for the purpose of considering the developed rules and receiving
:omments and recommendations thereon. Notice of the hearing shall be published in
OIppropriate newspapers of general circulation in the metropolitan area and mailed to
JII persons who have registered for that purpose under chapter 14, appropriate state and
regional agencies and all cities, counties, towns, school districts, and watershed districts
within the metropolitan area no later than 30 days prior to the hearing. In adopting or
amending the rules the enactment of this section shall be deemed to establish or show
the need for and to provide evidence in support of the rules or amendments as required
in chapter 14, and rules pursuant thereto, but the council shall prepare for distribution
a written summary describing the basis for the composition of the draft rules or amend-
ments submitted for hearing and shall afford to all interested persons an opportunity
at the hearing to question and make suggestions concerning their composition. Follow-
ing the hearing, the council may revise the proposed rules, giving consideration to all
comments received, and thereafter the council shall finally adopt these rules.
Subd. 6. The council and the advisory metropolitan land use committee shall
review and assess the rules following their effective date and at least every two years
thereafter. No major alteration or amendments to standards for determining metropol.
itan significance shaU be put into effect by the council until 90 days have elapsed follow-
ing a report to the legislature in which the alteration or amendment was proposed and
recommended by the council in the form of a proposed rule published under section
14.14, subdivision 1 a, or 14.22. The report to the legislature must be made during the
month of January.
History: 1975 c 13 s 18; 1976 c 321 s 2; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c
460 s 24,25; 1988 c 675 s 11; 1989 c 306 s 8.9; 1994 c 628 art 3 s 50.51
473.175 COUNCIL REVIEW; COMPREHENSIVE PLANS, SCHOOL DISTRICT
CAPITAL IMPROVEMENT PROGRAMS.
Subdivision 1. The council shall review the comprehensive plans of local govern-
mental units and the capital improvement programs of school districts, prepared and
.ubmitted pursuant to Laws 1976, chapter 127, sections I to 23, to dete.their
compatibility with each other and conformity with metropolitan system" The
council shall review and comment on the apparent consistency of the compr ensive
plans and capital improvement programs with adopted plans of the council. The coun-
cil may require a local governmental unit to modify any comprehensive plan or part
thereof which may have a substantial impact on or contain a substantial departure from
metropolitan system plans.
Subd. 2. Within 120 days following receipt of a capital improvement program of
a school district, unless a time extension is mutually agreed to, the council shall return
to the school district a statement containing its comments. Within 120 days foUowing
receipt of a comprehensive plan of a local governmental unit, unless a time extension
is mutually agreed to, the council shall return to the local governmental unit a statement
containing its comments and, by resolution, its decision, if any, to require modifica-
tions to assure conformance with the metropolitan system plans.
No action shaH be taken by any local governmental unit or school district to place
any such comprehensive plan, capital improvement program or part thereof into effect
until the council has returned the statement to the unit or district and until the local
governmental unit has incorporated any modifications in the plan required by a final
decision, order, or judgment made pursuant to section 473.866. Promptly after submis-
sion, the council shall notify each city, town, county, or special district which may be
affected by the plans or programs submitted, of the general nature of the plans or pro-
grams, the date of submission, and the identity of the submitting unit or district. Politi-
cal subdivisions contiguous to or within the submitting unit or district shall be notified
in all cases. Within 30 days after receipt of such notice any governmental unit or district
so notified or the local governmental unit or district submitting the plan or program
may request the council to conduct a hearing at which the submitting unit or district
and any other governmental unit or subdivision may present its views. The council may
attempt to mediate and resolve differences of opinion which exist among the partici-
pants in the hearing with respect to the plans or programs submitted. Ifwithin 120 days,
unless a time extension is mutually agreed to, the council fails to complete its written
statement the plans or programs shall be deemed approved and may be placed inlo
effect. Any amendment to a plan or program subsequent to the council's review shall
be submitted to and acted upon by the council in the same manner as the original plan
or program. The written statement ofthe council shall be filed with th'e plan ofthe local
government unit or the program of the school district at all places where the plan or
program is required by law to be kept on file.
Subd. 3. If a local governmental unit fails to adopt a comprehensive plan in accor-
dance with Laws 1976, chapter 127, sections 1 to 23 or if the council after a public hear-
ing by resolution finds that a plan substantially departs from metropolitan system plans
and that the local governmental unit has not adopted a plan with modifications
required pursuant to section 473.866 within nine months following a final decision,
order, or judgment made pursuant to section 473.866, the council may commence civil
proceedings to enforce the provisions of Laws 1976, chapter 127, sections 1 to 23 by
appropriate legal action in the district court where the local governmental unit is
located.
History: 1975 c 13 s 19: 1976 c 127 s 14; 1977 c 347 s 68; 1993 c 186 s 10
473.181 ADDITIONAL COUNCIL REVIEW POWERS.
Subdivision I. Trunk highways. The council shall review proposed trunk highway
construction pursuant to sections 161.171 et seq.
Subd. 2. Parks. The council shall review local government park master plans pur-
suant to section 473.313. The metropolitan council shall approve the use of moneys
made available for land acquisition to local units of government from the land and con.
servation fund, the open space program of HUD, the natural resources account in the
state treasury, if the use thereof conforms with the system of priorities established by
law as part of a comprehensive plan for the development of parks; otherwise it shall
disapprove of the use thereof.
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473.848 METROPOLrrAN GOVERNMENT
166
that the weight of the waste remaining that must be disposed of in a mixed municipal
solid waste disposal facility is not more than 35 percent of the weight before processing,
on an annual average.
History: 1985 c 274 s 35,' 1989 c 325 s 66; 1991 c 337 s 81,82; 1993 c 249 s 43,44;
1994 c 585 s 49,50
473.849 PROHIBmON; SOLID WASTE DISPOSAL.
No person may place, or transport for placement, solid waste that is generated in
the metropolitan area in a portion of a disposal facility that does not comply with the
minimum requirements for design, construction, and operation of a new disposal facil-
ity for the type of solid waste being disposed. Each metropolitan county shall, and each
county in which is located a disposal facility may, enforce this prohibition and may
impose penalties and recover attorney fees and court costs to the same extent as for
enforcement of a designation ordinance under section 115A.86, subdivision 6. The
commissioner of the pollution control agency may enforce this section under section
115.071 or 116.072.
History: 1991 c 337 s 83; 1992 c 593 art 1 s 42
METROPOLITAN LAND USE PLANNING
473.851 LEGISLATIVE FINDINGS AND PURPOSE.
The legislature finds and declares that the local governmental units within the met-
ropolitan area are interdependent, that the growth and patterns of urbanization within
the area create the need for additional state, metropolitan and local public services and
facilities and increase the danger of air and water pollution and water shortages, and
that developments in one local governmental unit may affect the provision of regional
capital improvements for sewers, transportation, airports, water supply, and regional
recreation open space. Since problems of urbanization and development transcend
local governmental boundaries, there is a need for the adoption of coordinated plans,
programs and controls by all local governmental units and school districts in order to
protect the health, safety and welfare of the residents of the metropolitan area and to
ensure coordinated, orderly and economic development. Therefore, it is the purpose
of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 to (1) establish
requirements and procedures to accomplish comprehensive local planning with land
use controls consistent with planned, orderly and staged development and the metro-
politan system plans, and (2) to provide assistance to local governmental units and
school districts within the metropolitan area for the preparation of plans and official
controls appropriate for their areas and consistent with metropolitan system plans.
History: 1976 c 127 s 1; 1977 c 347 s 68; 1993 c 186 s 11
473.852 DEFINmONS.
Subdivision 1. Terms. As used in sections 462.355, subdivision 4, 473.175, and
473.851 to 473.871, the following terms shall have the meanings given them.
Subd. 2. Advisory metropolitan land use committee or advisory committee. "Advi-
sory metropolitan land use committee" or "advisory committee" means an advisory
committee established by the metropolitan council pursuant to section 473.853.
Subd. 3. Applicable planning statute. "Applicable planning statute" means sections
394.21 to 394.37 for counties and sections 462.351 to 462.364 for cities and towns.
Subd. 4. Capital improvement program. "Capital improvement program" means
an itemized program for a five year prospective period, and any amendments thereto,
subject to at least biennial review, setting forth the schedule, timing, and details of spe-
cific contemplated capital improvements by year, together with their estimated cost,
the need for each improvement, financial sources, and the financial impact that the
improvements will have on the local governmental unit or school district.
Subd. 5. Comprehensive plan. "Comprehensive plan" means the comprehensive
if..:
i 16' . .. MET1lQPOurAN GOVEIINMENT "'.IS.
~. plan of each local governmental Unit descnbed m sectIons 473.858 to 473.862, and any
~: amendments to the plan. .
E Subd. 6. Fiscal devices. "Fiscal devices" means the valuation of property pursuant
r.:= to section 273.111, the designation of urban and rural service districts, pursuant to sec-
,;::. tion 272.67, and the establishment of development districts pursuant to sections
~:: 469.124 to 469.134, and any other statutes authorizing the creation of districts in which
(. the use of tax increment bonding is authorized.
~. . 'Subd. 7. Local governmental unit or unit. "Local governmental unit" or "unit"
means all cities, counties and towns lying in whole or in part within the metropolitan
area, but does not include school districts.
Subd. 8. Metropolitan system plans. "Metropolitan system plans" means the air-
ports and transportation portions of the metropolitan development guide, and the pol-
icy plans, and capital budgets for metropolitan wastewater service, transportation, and
regional recreation open space.
Subd. 9. Official controls or controls. "Official controls" or "controls" means ordi-
nances and rules which control the physical development of a city, county or town or
any part thereof or any detail thereof and implement the general objectives of the com-
prehensive plan. Official controls may include ordinances establishing zoning, subdivi-
sion controls, site plan regulations, sanitary codes, building codes and official maps.
Subd. 10. Private sewer facility. "Private sewer facility" means a single lot, multi-
ple lot or other sewage collection or treatment facility owned, constructed or operated
by any person other than a local governmental unit or the council.
Subd. 11. School district. "School district" has the meaning given it by section
120.02, subdivisions 14 and 15, and includes any independent or special school district
whose administrative offices are located within the metropolitan area as of April 3,
1976.
History: 1976 c 127 s 2; 1977 c 347 s 68,. 1985 c 248 s 70; 1986 c 460 s 56; 1987 c
291 s 233; 1994 c 628 art 3 s 205.206
.
473.853 ADVISORY COMMITIEE.
The council shall establish an advisory metropolitan land use committee pursuant
to section 473.127, comprised of 16 members, one from each council district, and as
many additional members as are necessary to provide representation from each metro-
politan county, plus a chair. At least one-half of the members of the advisory committee
shall be elected officials of local governmental units. The members shall be appointed
for the same period as the term of the council member for the district in which the mem-
ber resides.
History: 1976 c 127 s 3; 1977 c 347 s 68; 1986 c 444
473.854 GUIDELINES.
The council shall prepare and adopt guidelines and procedures relating to the
requirements and provisions of sections 462.355, subdivision 4, 473.175, and 473.851
to 473.871 which will provide assistance to local governmental units and school dis-
tricts in accomplishing the provisions of sections 462.355, subdivision 4,473.175, and
473.851 to 473.871.
History: 1976 c 127 s 4; 1977 c 347 s 68
473.855 METROPOLITAN SYSTEM STATEMENT.
By July 1, 1977, the council shall transmit to each local governmental unit a metro-
politan system statement and to each school district a statement comprised of the parts
of metropolitan system statements affecting the school district. In the preparation of
tbe metropolitan system statement, the council shall consult with appropriate commis-
sions and officials of the unit. The statement shall contain information relating to the
unit and appropriate surrounding territory that the council determines necessary for
the unit to consider in preparing its comprehensive plan, including the following:
.
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473.855 METROPOLITAN GOVERNMENT
168
.
(a) The timing, character, function, location, projected capacity and conditions on
use, for existing or planned metropolitan public facilities, as specified in metropolitan
system plans, and for state and federal public facilities to the extent known to the coun-
cil;
(b) The population, employment and housing need projections which have been
used by the council as a basis for its metropolitan system plans;
(c) Any parts of the land use plan, public facilities plan or implementation pro-
gram which may be excluded from the plan of the local governmental unit. The exclu-
sion of parts shall be based on the nature and character of existing and projected
development within each local governmental unit and on policies, statements, and rec-
ommendations contained in metropolitan system plans.
History: 1976 c 127 s 5; 1977 c 347 s 68
473.856 METROPOLITAN SYSTEM STATEMENfS; AMENDMENfS.
Local governmental units shall consider in their initial comprehensive plans sub-
mitted to the council, and school districts shall consider in their initial capital improve-
ment programs submitted to the council, any amendments or modifications to
metropolitan system plans which were made by the council and transmitted prior to
January 1, 1978. Thereafter, within nine months after receiving an amendment to a
metropolitan system plan, each affected local governmental unit shall review its com-
prehensive plan and each affected school district shall review its capital improvement
program to determine if an amendment is necessary to ensure continued conformity
with metropolitan system plans. If an amendment is necessary, the governmental unit
or school district shall prepare the amendment and submit it to the council for review
pursuant to sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871.
History: 1976 c 127 s 6; 1977 c 347 s 68
473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
Subdivision 1. If a local governmental unit or scbool district and the council are
unable to resolve disagreements over the content of a system statement, the unit or dis-
trict may by resolution request that a hearing be conducted by the advisory committee
or by tbe state office of administrative hearings for the purpose of considering amend-
ments to the system statement. The request shall be made by the unit or district within
60 days after receipt of the system statement and shall be accompanied by a description
of the disagreement together with specified proposed amendments to the system state-
ment. If no request for a hearing is received by the council within 60 days, the statement
shall be final.
Subd. 2. A hearing shall be conducted within 60 days after the request, provided
that the committee shall consolidate hearings on related requests. The hearing shall not
consider the need for or reasonableness of the metropolitan system plans or parts
thereof. The hearing shall afford all interested persons an opportunity to testify and pre-
sent evidence. The advisory committee or administrative law judge may employ the
appropriate technical and professional services of the office of dispute resolution for
the purpose of evaluating disputes of fact. The proceedings sball not be deemed a con-
tested case. Within 30 days after the hearing, the committee or bearing examiner shall
report to the council respecting the proposed amendments to the system statements.
The report shall contain findings of fact, conclusions, and recommendations and shall
apportion the costs of the proceedings among the parties.
Subd. 3. Within 30 days of receipt ofthe report, the council, by resolution contain-
ing findings of fact and conclusions, shall make a final determination respecting the pro-
posed amendments. At any point in the reconciliation procedure established by this
section, the council and a local governmental unit or district may resolve their disagree-
ment by stipulation.
History: 1976 c 127 s 7,' 1977 c 347 s 68; 1980 c 615 s 60; 1981 c 356 s 241; 1983
c 289 s 115 subd 1; 1984 c 640 s 32; 1987 c 312 art 1 s 26 subd 2; 1993 c 163 art 1 s 32
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METROPOUTAN GOVERNMENT 473.859
473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS.
Subdivision 1. Within three years following the receipt of the metropolitan system
statement, every local governmental unit shall have prepared a comprehensive plan in
accordance with sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 and
the applicable planning statute and shall have submitted the plan to the metropolitan
council for review pursuant to section 473.175. The provisions of sections 462.355,
subdivision 4,473.175, and 473.851 to 473.871 shall supersede the provisions of the
applicable planning statute wherever a conflict may exist. If the comprehensive munici-
pal plan is in conflict with the zoning ordinance, the zoning ordinance supersedes the
plan.
Subd. 2. Local governmental units shall submit their proposed plans to adjacent
governmental units and affected school districts for review and comment at least six
months prior to submission of the plan to the council and shall submit copies to them
on the submission of the plan to the council.
Subd. 3. The plans shall be submitted to the council following approval by the
planning commission of the unit and after consideration but before final approval by
the governing body of the unit.
Subd. 4. Comprehensive plans, capital improvement programs, sewer policy plans
and official controls of local governmental units adopted prior to the requirements of
sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 shall remain in force
and effect until amended, repealed or superseded by plans or controls adopted pursuant
to sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871. Existing compre-
hensive plans, capital improvement programs, sewer policy plans, and official controls
may be amended and new capital improvement programs and official controls may be
prepared and adopted prior to the submission to the council of comprehensive plans
required by sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871.
History: 1976 c 127 s 8,' 1977 c 347 s 68: 1985 c 62 s 4
473.859 COMPREHENSIVE PLAN CONTENT.
Subdivision 1. Contents. The comprehensive plan shall contain objectives, poli-
cies, standards and programs to guide public and private land use, development, rede-
velopment and preservation for all lands and waters within the jurisdiction of the local
governmental unit through 1990 and may extend through any year thereafter which is
evenly divisible by five. Each plan shall specify expected industrial and commercial
development, planned population distribution, and local public facility capacities upon
which the plan is based. Each plan shall contain a discussion of the use of the public
facilities specified in the metropolitan system statement and the effect of the plan on
adjacent local governmental units and affected school districts. Existing plans and offi-
cial controls may be used in whole or in part following modification, as necessary, to
satisfy the requirements of sections 462.355, subdivision 4, 473.175, and 473.851 to
473.871. The comprehensive plan may contain any additional matter which may be
included in a comprehensive plan of the local governmental unit pursuant to the appli-
cable planning statute.
Subd. 2. Land use plan. A land use plan shall designate the existing and proposed
location, intensity and extent of use ofland and water for agricultural, residential, com-
mercial, industrial and other public and private purposes, or any combination of such
purposes. A land use plan shall contain a protection element, as appropriate, for his-
toric sites and the matters listed in section 473.204, and an element for protection and
development of access to direct sunlight for solar energy systems. A land use plan shall
also include a housing element containing standards, plans and programs for providing
~dequate housing opportunities to meet existing and projected local and regional hous-
109 needs, including but not limited to the use of official controls and land use planning
to promote the availability of land for the development of low and moderate income
housing.
Subd. 3. Public facilities plan. A public facilities plan shall describe the character,
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473.859 METROPOLITAN GOVERNMENT
170
location, timing, sequence, function, use and capacity of existing and future public
facilities of the local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or departures
from metropolitan system plans and to protect metropolitan system plans. A public
facilities plan shall contain at least the following parts:
( I) a transportation plan describing, designating and scheduling the location,
extent, function and capacity of existing and proposed local public and private trans-
portation services and facilities;
(2) a sewer policy plan describing, designating and scheduling the areas to be sew-
ered by the public system, the existing and planned capacities of the public system, the
standards and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or private sys-
tems because of public health, safety and welfare considerations;
(3) a parks and open space plan describing, designating and scheduling the existing
and proposed parks and recreation open spaces within the jurisdiction; and
(4) a water supply plan including:
(i) a description of the existing water supply system, including the source of water,
well and treatment plant locations, and major supply lines; an inventory of commercial
and industrial users; an indication of the community's intent to make future changes
or additions to the system, including projections for population and industrial and
commercial use and the methods by which this growth will be served;
(ii) a statement of the community's objectives, policies, and standards for operat-
ing the water supply system;
(iii) a conservation program that contains the goals of the program, demand and
supply conservation techniques to be used, an evaluation of pricing methods that could
be used to reduce demand, the conditions under which conservation actions would
occur, a process for reducing nonessential uses according to the priority system under
section 1030.261, and the education program that will be used to inform the public
of the need to conserve and the methods available to achieve conservation;
(iv) an emergency preparedness or contingency plan, as described in section
1030.291, subdivision 3;
(v) an indication of the possibility for joint efforts with neighboring communities
or other public entities for sharing water sources and treatment, interconnection for
routine or emergency supply, pursuit of alternative supplies, and water source protec-
tion;
(vi) a statement of the water supply problems that the community experiences or
expects to experience and any proposed solutions, especially those that would impact
other communities or the region; and
(vii) a wellhead protection plan prepared in accordance with rules adopted by the
commissioner of health under section 1031.101, subdivision 5, clause (9).
Subd. 4. Implementation program. An implementation program shall describe
public programs, fiscal devices and other specific actions to be undertaken in stated
sequence to implement the comprehensive plan and ensure conformity with metropoli.
tan system plans. An implementation program must be in at least such detail as may
be necessary to establish existing or potential effects on or departures from metropoli-
tan system plans and to protect metropolitan system plans. An implementation pro-
gram shall contain at least the following parts:
(I) a description of official controls, addressing at least the matters of zoning, sub-
division, water supply, and private sewer systems, and a schedule for the preparation,
adoption, and administration of such controls;
(2) a capital improvement program for transportation, sewers, parks, water sup-
ply, and open space facilities; and
(3) a housing implementation program, including official controls to implement
the housing element of the land use plan, which will provide sufficient existing and new
171
METROPOurAN GOVERNMENT 473.862
. housing to meet the local unit's share of the metropolitan area need for low and moder-
~"".ate income housing.
. . Subd. 5. Urbanization areas. The comprehensive plans may designate, when
appropriate, ~v~ year urbanization ar~s and shall s~ecitr ~~ the capital ~provement
I program the tIming and sequence of major local public facilitIes and In the lDlplementa-
- tion program official controls which will ensure that urbanization occurs only in urban-
ization areas and in accordance with the plan.
" ".. . . Subd. 6. Plan review. The council shall, by January 1, 1994, prepare guidelines for
ilf the preparation of the water supply plans required in subdivision 3, clause (4). The
E plans must be submitted to the council by January 1, 1996. The council shall review
E: the plans under section 473.175, subdivision 1, after submitting them to affected coun-
~.: ties that have adopted groundwater plans under section I03B.255 for their review and
t. comment.
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History: 1976 c 127 s 9; 1977 c 347 s 68; 1978 c 786 s 20; 1993 c 186 s 12-14
473.86 CITIES.
Except as provided in the metropolitan system statement, comprehensive plans of
cities shall include the matters specified in section 473.859.
History: 1976 c 127 s 10; 1977 c 347 s 68
473.861 TOWNS.
Subdivision 1. Except as provided in the metropolitan system statement, compre-
hensive plans of towns shall include the matters specified in section 473.859.
Subd. 2. By December 31, 1976, each town within the counties of Anoka, Carver,
Dakota, Scott and Washington, authorized to plan under sections 462.351 to 462.364,
or under special law, shall by resolution determine whether it will prepare the compre-
hensive plan for its jurisdiction. Each such town also shall specify, pursuant to agree-
ment with the county within which it is situated, any parts of its plan and official
controls, if any, the preparation of which it delegates to the county.
Subd. 3. Towns within counties which have adopted comprehensive plans applica-
ble to the town shall, to the maximum extent, use county preparation of their compre-
he~sive plans.
History: 1976 c 127 s II; 1977 c 347 s 68
473.862 COUNTIES.
Subdivision 1. Comprehensive plans of counties sball contain at least the follow-
ing:
(a) Except for the counties of Hennepin and Ramsey, a land use plan as specified
in section 473.859, subdivision 2, for all unincorporated territory within the county;
(b) A public facilities plan which shall include all appropriate matters specified in
section 473.859, subdivision 3, including a transportation plan, and a description of
existing and projected solid waste disposal sites and facilities;
(c) An implementation program, as specified in section 473.859, subdivision 4.
Subd. 2. Each county other than Hennepin and Ramsey sball prepare, with the
participation and assistance of the town, the comprehensive plan for any town within
the county which fails by December 31, 1976, to take action by resolution pursuant to
section 473.861, subdivision 2 and shall prepare all or part of any plan delegated to it
pursuant to section 473.861, subdivision 2.
Subd. 3. Each county other than Hennepin and Ramsey shall prepare, with the
participation and assistance of the town, the comprehensive plan for each town within
the county not authorized to plan under sections 462.351 to 462.364, or under special
law.
History: 1976 c 127 s 12; 1977 c 347 s 68
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473.863 METROPOLITAN GOVERNMENT
172
473.863 SCHOOL DISTRIcrs; CAPITAL IMPROVEMENT PROGRAMS.
Subdivision 1. By January 1, 1980, each school district as defined in section
473.852, subdivision 11, shall prepare and submit to the metropolitan council, for
review pursuant to section 473.175, a capital improvement program, which shall
include a description of existing facilities, projected population and facility needs and
objectives, proposed new school sites, buildings, and building additions with a cost of
more than $200,000 and the effect of the program on adjacent school districts and
affected local governmental units.
Subd. 2. Each school district shall submit its capital improvement program for
review and comment to the local governmental units lying in whole or in part within
the district and to adjacent school districts at least nine months prior to the submission
of the program to the council. The local governmental units and adjacent districts shall
review the program and provide comments to the school district and the council within
90 days on the compatibility of the program with the proposed comprehensive plans
of the local governmental units and the capital improvement programs of the school
districts.
Subd. 3. The capital improvement programs shall be submitted to the council after
consideration but before final approval by the governing body of the district.
Subd. 4. Capital improvement programs of school districts adopted prior to the
requirements of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 shall
remain in force and effect until amended, repealed, or superseded by programs adopted
pursuant to sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871. Existing
programs may be amended as appropriate and new programs prepared and adopted
prior to the submission to the council of programs required by sections 462.355, subdi-
vision 4, 473.175, and 473.851 to 473.871. Existing programs may be used in whole
or in part following modification, as necessary, to satisfy the requirements of sections
462.355, subdivision 4, 473.175, and 473.851 to 473.871.
History: 1976 c 127 s 13: 1977 c 347 s 68
473.864 PLANS AND PROGRAMS; ADOPTION; AMENDMENT.
Subdivision 1. Each local governmental unit shall adopt its comprehensive plan
with required modifications within nine months following a 'final decision, order, or
judgment made pursuant to section 473.866. Each school district shall adopt its capital
improvement program, after receiving and considering the council's review statement
sent pursuant to section 473.175 and making any amendments which the school district
determines may be appropriate.
Subd. 2. Amendments to comprehensive plans oflocal governmental units and to
capital improvement programs of school districts shall be prepared, submitted, and
adopted in conformance with guidelines adopted by the metropolitan council pursuant
to section 473.854.
History: 1976 c 127 s 15: 1977 c 347 s 68; 1981 c 242 s I
473.865 IMPLEMENTATION OF PLANS.
Subdivision 1. Each local governmental unit shall adopt official controls as
described in its adopted comprehensive plan and shall submit copies of the official con-
trols to the council within 30 days following adoption thereof, for information purposes
only.
Subd. 2. A local governmental unit shall not adopt any official control or fiscal
device which is in conflict with its comprehensive plan or which permits activity in con-
flict with metropolitan system plans.
Subd. 3. If an official control conflicts with a comprehensive plan as the result of
an amendment to the plan, the official control shall be amended by the unit within nine
months following the amendment to the plan so as to not conflict with the amended
comprehensive plan.
History: 1976 c 127 s 16; 1977 c 347 s 68
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METROPOLITAN GOVERNMENT 473.867
"...:
.' > .473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
The council's decision to require modification under section 473.175 may be con-
tested by the affected local governmental unit. The unit shall have 60 days within which
to request a hearing on the council's decision to require modification. Ifwithin 60 days
the unit has not requested a hearing, the council shall make its final decision with
respect to the required modifications. If an affected unit requests a hearing. the request
for hearing shall be granted, and the hearing shall be conducted within 60 days by the
state office of administrative hearings in the manner provided by chapter 14 for con-
tested cases. The subject of the hearing shall not extend to questions concerning the
need for or reasonableness of the metropolitan system plans or any part thereof. In the
report of the administrative law judge the costs of the hearing shall be apportioned
among the parties to the proceeding. Within 30 days after the receipt of the report 'the
council shall, by resolution containing findings of fact and conclusions, make a final
decision with respect to the required modifications of the comprehensive plan. Any
party to the proceeding aggrieved by the decision of the council m.ay appeal to the court
in the manner provided in chapter 14 for contested cases. The record on appeal shall
consist of: (1) the administrative law judge's record and report, and (2) the findings,
conclusions and final decision of the council. The scope of review shall be that of sec-
tion 14.69, provided that: (1) the court shall not give preference to either the adminis-
trative law judge's record and report or the findings, conclusions and final decision of
the council, and (2) the decision of the court shall be based upon a preponderance of
the evidence as contained in the record on appeal. The costs of the appeal shall be
apportioned by the court.
History: 1976 c 127 s 17; 1977 c 347 s 68; 1980 c 615 s 60; 1982 c 424 s 130; 1984
c 640 s 32
473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
Subdivision I. The council shall prepare and provide advisory materials, model
plan provisions and official controls, and on the request of a local governmental unit
may provide assistance, to accomplish the purposes of sections 462.355, subdivision
4,473.175, and 473.851 to 473.871. The council may also provide specific technical
and legal assistance in connection with the preparation, adoption and defense of plans,
programs, and controls.
Subd. 2. The council shall establish a planning assistance fund as a separate book-
keeping account in its general fund for the purpose of making grants and loans to local
governmental units under this section. The council shall adopt uniform procedures for
the award, disbursement and rep~yment of grants and loans.
Subd. 3. Local governmental units may apply, contract for and receive loans and
grants as provided herein, and the provisions of chapter 475 shall not apply to loans
made pursuant hereto. Applications for grants and loans shall be submitted to the coun-
cil describing the activities for which the grant or loan funds will be used; the persons
which the grantee or borrower plans to use in performing the grant contract; services
and activities which will be paid for by funds of the grantee or borrower, the grantee
or borrower's need and ability to pay for the contract services; and other information
as the council may reasonably request. Grants and loans shall be made subject to con-
tracts between the council and the recipient specifying the use and disbursement of the
funds and, for loans, the terms and conditions of repayment, and other appropriate
matters. In making grants and loans, the council shall base its decisions on the recipi-
ent's demonstrated need and available financial resources.
Subd. 4. Grants shall not exceed 75 percent of the total costs and expenses of the
project, service or activity for which a grant is awarded. .
Subd. 5. Loans made by the council shall be payable on such terms and conditions
as the council determines appropriate, provided that no loan shall carry an interest rate
nor be for a term in excess of five years. Funds received in payment of loans shall be
credited to the planning assistance fund and shall be used for additional loans or grants
under this section.
History: 1976 c 127 s 18; 1977 c 347 s 68
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473.868 METROPOLITAN GOVERNMENT
174
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473.868 HOUSING.
Subdivision 1. The legislature finds and determines that there is a need for housing
in the metropolitan area, that an increasingly large majority of the residents of the met-
ropolitan area are unable to afford housing, and that it is in the public interest that, for
certain portions of the buildable residential land, the official controls imposed on devel-
opment by municipalities in the metropolitan area be required to permit the construc-
tion of modest cost housing by the private sector which could be afforded by a
significant portion of the families in the metropolitan area.
Subd. 2. As used in this section, "buildable residential land" means land within
a municipality which is suitable for development, zoned for a residential use, which has
access to sewer and water service, and for which no building permit has been issued.
Subd. 3. The chair of the council shall establish a modest cost private housing
advisory committee consisting of not more than 15 persons consisting of local elected
officials, consume~ and persons experienced in the field of housing construction, trades
and management and mortgage banking, plus ex officio members as the chair of the
council may determine, to provide advice and make recommendations on the effects
of governmental rules, taxes, financing and housing industry practices on the costs of
housing. The committee shall investigate and make recommendations on all matters
necessary including standards and criteria for modest cost private housing as follows:
(1) A zoning classification and ordinances that take into account minimum and
maximum single family lot sizes. .
(2) Building requirements contained within the state building code.
(3) Minimum and maximum square foot area requirements for single family
homes.
(4) The requirement ofa single family garage and off-street parking requirements.
(5) Zoning classification and ordinances that take into account density require-
ments for multifamily construction.
(6) Minimum and maximum square foot floor areas for multifamily units.
(7) Requirements of garages for multifamily units, credits for garage inclusion and
off-street parking requirements.
Subd. 4. On or before January IS, 1977, the council shall, following public hear-
ings, submit to the legislature a report on the findings of the committee and the coun-
cil's recommendations for ensuring an adequate supply of modest cost private housing.
History: 1976 c 127 S 19; 1977 c 347 S 68; 1985 c 248 S 70; 1986 c 444
473.869 EXTENSION.
A local governmental unit may by resolution request that the council extend the
time for fulfilling the requirements of sections 462.355, subdivision 4, 473.175, and
473.851 to 473.871. A request for extension shall be accompanied by a description of
the activities previously undertaken by a local governmental unit in fulfillment of the
requirements of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871, and
an explanation of the reasons necessitating and justifying the request. Upon a finding
of exceptional circumstances or undue hardship, the council may, in its discretion,
grant by resolution a request for extension and may attach reasonable requirements or
conditions to the extension.
History: 1976 c 127 S 20; 1977 c 347.s 68
473.87 LEVY FOR INCREASED COSTS.
The increased costs to a municipality of implementing sections 473.175; 473.858,
subdivisions 1 to 3; 473.859 to 473.862; and 473.866 shall be deemed a levy and the
proceeds of any tax levied under this section shall be deposited in the municipal trea-
sury in a separate fund and expended only for the purposes authorized by this section.
History: 1976 c 127 S 22; 1977 c 347 S fi8; lSp1989 c 1 art 5 S 40
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METROPOLITAN GOVERNMENT 473.871
~'~473.871 NEW MUNICIPAL SEWER SYSTEMS.
.:iT'"'" Notwithstanding the provisions of sections 462.355, subdivision 4, 473.175, and
;473.851 to 473.871 the council shall have no authority under this chapter to require
a iocaI governmental unit to construct a new sewer system.
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_~~~.:.. History: 1976 c 127 s 23; 1977 c 347 s 68
.".t~7i872 [Repealed, 1994 c 465 art 1 s 56]
.;.0;:, 473.875 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.201]
. 473.876 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.205, subd lOa]
473.877 [Repealed, 1990 c 391 art 10 s 4; Renumbered 1 03B.211, subd 1]
473.8771 [Repealed, 1990 c 391 art 10 s 4]
473.8775 [Renumbered 103B.227]
473.878 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.231, subds 1-6,8, 10,
12-14]
473.8785 [Repealed, 1990 c 391 art 10 s 4]
473.879 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.235, subd 2]
473.88 [Renumbered 103B.239]
473.881 [Repealed, 1990 c 391 art 10 s 4; Renumbered 1 03B.241]
473.882 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.245, subd 1]
473.883 [Repealed, 1990 c 391 art 10 s 4; Renumbered 103B.251, subds 5, 8, 9]
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