08-10-1965 PCM srs Ipm- *,
Excerpt from MINNESOTA MUN1C11'ALITIES, Volunm 5U, Number 7, ,July, 196-,
We especially call your attention to paragraphs No. (3) and No. (4).
P1..INNING
Planning Law Revision - Ch. 67(1 is a League -endorsed measure which
revi.srs and codifies tho municipal planning.; l tws. Based on a proposal*
made by the 1961 Interim Commission on Multicipal Largs, it embodies
modifications made by it cununittf•o of the Minnesota Chapter of the
American Irlst.itutc• of Planners and the Le.igue's Planning Committee.
Essentially it rr,codification ui existing the Act eliminates
numerous overlapping and inconsistent provi.slons and re -arranges the
statutes in a logical order. It also mi,kes a number of important
sub�,tant. Lve changes in the existing pl aiininc; ,ti -id zoning .laws. III
general, the •foiet� attempts tem involve - tthe plentimr-age"ey-t1ore dir -cf-!y
in the planning process whale leaving considerable discretion in local
governing bodie.; and charter commissions as to organization and proce-
dure. The traditional rifle old the planning a�.,ency as an advisory body
is retained by the Act. The principal provisions of the Act are Listed
below:
(1)
ExLsting grants of authority tor- cities, villages and urban towns
to conduct planning activities, previously scattered through
several sections (d Lite statutes are consolidate(.'. in one section.
(2)
The establ Lshment, dissolution and functions of planning cummi-
y,►
ssions, presently covered in a single paragraph in Section 471.32
(for all municipalities except Minneapolis and Duluth) are
spelled out in some d6tail. The advisory nature of planning
agencies is retained, and varyirhg administrative :;tructures for
planning org;tn izations are recognized.
(3)
The Act requires the planning agency to prepare the municipal, plan
as its recommondatioil to the governing body, and requires a public
hearing bel -ore the planning agency atter published notice. Govern-
ing bodies are author;rt:cl to adopt the eomprehensLve plan so reed-
rmtended as the official municipal. Llan uporh such notice and hearing
"r
fBTT -i a adopted ~ -b9 -the
governing body or pLannin-, agency, (�r disposition of
interests in reit I property by the municipality or other political
subdivision within the municipal i_ty coul o nut be iiwde until after
planning agency revie�.. The governing body could, by two-thirds
vote, dispense with this requirement, 110%%Vver.
(4) They Act requires the establishment of' it bu.trd of ad jllstment and
appeals hi any municipality }having a zoning ordinance or an official m
map. TIio board could be a separate board, the Irlann_ing commission
or the !governing bt_tcly. tiUCtl boards were Eiruv iousl y requ Lred only H
in first class cities. i
L c, 7
- ( 0 A :,ingte grant of authority for municipal zoning replaces four 01-'
scparatu onabting statutes previously in effect. A uniform two-
thirds v4tte o.t the couneil rep 1 aces the former ru I e of a simple t
ma juri t:v i o amend the %oiling ordinances. The prop• i s i on authf)ri •r. Lng
a refer(o lulu on i ni t-ial adop tions in villa„es and t ourth o.lass
MINNESOTA MUNICIPALITIES, Volume 50, Number 7, July, 1965 (continued)
cities is eliminated. Requirements for public hearings on
adoption and amendments are added. The property owner consent
feature of the first clan city zoning enabling statute is retained.
(6) The former statutory provisions rel.ating to land subdivisions are
re-enacted practically verbatim with the exception that there is
clear statutory authority for a developer to make a cash contribu-
tion in .Lieu of dedication of parks and playgrounds in subdivision
developments.
(7) Present law on the adoption of official maps by municipalities is
continued but the language is broadened to include the placing on
the map e+l sites for public usk�b iu additiou Lu_s�rec;ts, alleys
and puhLic ways. Provision for municipal icquisi tion in the case
of the granting of I -c permit for a variiince under the official neap
is added.
(8) The appeal section authorizes the defense of exhaustion of' remedies
before seeking relief in the courts.
(9) The Act leaves untouched plat approval procedures and planning
organization and procedures conducted under special law or home
rule charter provision when they differ from state Law. Existing
ordinance, are unaffected until subsequently amended after the
�► effective date of the: Act.
The Act, effective on January 1, 1966, repeals all. existing muni-
cipal zoning and planning enabling statutes of general application.
PP. 17/201, 18/202, 19/205.
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