SF 1618

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to land use; prohibiting adoption of official 
  1.3             controls that conflict with a local land use plan; 
  1.4             amending Minnesota Statutes 2000, sections 394.24, 
  1.5             subdivision 1; and 462.357, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 394.24, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ADOPTED BY ORDINANCE.] Official controls 
  1.10  which shall further the purpose and objectives of the 
  1.11  comprehensive plan and parts thereof shall be adopted by 
  1.12  ordinance.  The comprehensive plan must provide guidelines for 
  1.13  the timing and sequence of the adoption of official controls to 
  1.14  ensure planned, orderly, and staged development and 
  1.15  redevelopment consistent with the comprehensive plan.  A county 
  1.16  board shall not adopt any official control that is in conflict 
  1.17  with its land use plan.  If an official control conflicts with a 
  1.18  land use plan as the result of an amendment to the plan, the 
  1.19  official control must be amended by the county board within nine 
  1.20  months following the amendment to the plan so as to not conflict 
  1.21  with the amended plan. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 462.357, 
  1.23  subdivision 2, is amended to read: 
  1.24     Subd. 2.  [GENERAL REQUIREMENTS.] At any time after the 
  1.25  adoption of a land use plan for the municipality, the planning 
  2.1   agency, for the purpose of carrying out the policies and goals 
  2.2   of the land use plan, may prepare a proposed zoning ordinance 
  2.3   and submit it to the governing body with its recommendations for 
  2.4   adoption.  Subject to the requirements of subdivisions 3, 4, and 
  2.5   5, the governing body may adopt and amend a zoning ordinance by 
  2.6   a two-thirds vote of all its members.  The plan must provide 
  2.7   guidelines for the timing and sequence of the adoption of 
  2.8   official controls to ensure planned, orderly, and staged 
  2.9   development and redevelopment consistent with the plan.  A 
  2.10  municipality shall not adopt any official control that is in 
  2.11  conflict with its land use plan.  If an official control 
  2.12  conflicts with a land use plan as the result of an amendment to 
  2.13  the plan, the official control must be amended by the 
  2.14  municipality within nine months following the amendment to the 
  2.15  plan so as to not conflict with the amended plan. 
  2.16     Sec. 3.  [EFFECTIVE DATE.] 
  2.17     Sections 1 and 2 are effective the day following their 
  2.18  final enactment.