HF 2205

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government units; providing for the 
  1.3             relation between comprehensive plans and zoning 
  1.4             ordinances; amending Minnesota Statutes 1996, section 
  1.5             473.858, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 473.858, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [NO CONFLICTING ZONING, FISCAL DEVICE, 
  1.10  OFFICIAL CONTROL.] Within three years following the receipt of 
  1.11  the metropolitan system statement, every local governmental unit 
  1.12  shall have prepared a comprehensive plan in accordance with 
  1.13  sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 
  1.14  and the applicable planning statute and shall have submitted the 
  1.15  plan to the metropolitan council for review pursuant to section 
  1.16  473.175.  The provisions of sections 462.355, subdivision 4, 
  1.17  473.175, and 473.851 to 473.871 shall supersede the provisions 
  1.18  of the applicable planning statute wherever a conflict may 
  1.19  exist.  Except as otherwise provided in this subdivision, if the 
  1.20  comprehensive municipal plan is in conflict with the zoning 
  1.21  ordinance, the zoning ordinance shall be brought into 
  1.22  conformance with the plan by local government units in 
  1.23  conjunction with the review and, if necessary, amendment of its 
  1.24  comprehensive plan required under section 473.864, subdivision 2 
  1.25  supersedes the plan.  After August 1, 1995, a local government 
  2.1   unit shall not adopt any fiscal device or official control which 
  2.2   is in conflict with its comprehensive plan, including any 
  2.3   amendments to the plan, or which permits activity in conflict 
  2.4   with metropolitan system plans, as defined by section 473.852, 
  2.5   subdivision 8.  The comprehensive plan shall provide guidelines 
  2.6   for the timing and sequence of the adoption of official controls 
  2.7   to ensure planned, orderly, and staged development and 
  2.8   redevelopment consistent that is not in conflict with the 
  2.9   comprehensive plan.  For purposes of this section, a fiscal 
  2.10  device or official control shall is not be considered to be in 
  2.11  conflict with a local government unit's comprehensive plan or to 
  2.12  permit unless it permits an activity that is in conflict with a 
  2.13  metropolitan system plans if such fiscal device or official 
  2.14  control plan as defined by section 473.852, subdivision 8, nor 
  2.15  is it in conflict with the comprehensive plan if it is adopted 
  2.16  to ensure the planned, orderly, and staged development of 
  2.17  urbanization or redevelopment areas designated in the 
  2.18  comprehensive plan pursuant to section 473.859, subdivision 5.