Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 62-H.F.No. 247 
           An act relating to local government; providing 
          conditions for the adoption or amendment of 
          comprehensive municipal plans; providing for 
          resolution of conflicts between a zoning ordinance and 
          the comprehensive municipal plan; amending Minnesota 
          Statutes 1984, sections 462.355, subdivisions 2 and 3; 
          462.357, subdivision 2; and 473.858, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 462.355, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE FOR PLAN ADOPTION AND AMENDMENT.] The 
planning agency may, unless otherwise provided by charter or 
ordinance consistent with the municipal charter, adopt and amend 
recommend to the governing body the adoption and amendment from 
time to time of a comprehensive municipal plan as its 
recommendation to the governing body.  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 of the 
municipality.  The governing body may propose amendments to 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.  The proposed plan, section of the plan, or amendment 
shall be transmitted to the governing body prior to the 
publication of the notice of hearing.  Adoption and amendment of 
the comprehensive municipal plan or of any section thereof shall 
be by resolution adopted by a majority of all the members of the 
planning commission.  A copy of the plan or of any section or 
amendment thereof adopted by the planning agency shall be 
certified to the governing body of the municipality.  
    Sec. 2.  Minnesota Statutes 1984, section 462.355, 
subdivision 3, is amended to read: 
    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 of a majority by a two-thirds vote of all of its 
members adopt and amend the comprehensive plan or portion 
thereof so recommended as the official municipal plan upon such 
notice and hearing as may be prescribed by ordinance.  Until so 
adopted by the governing body, the plan shall constitute only 
the recommendation of the planning agency.  
    Sec. 3.  Minnesota Statutes 1984, section 462.357, 
subdivision 2, is amended to read: 
    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 requirements 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. 
    Sec. 4.  Minnesota Statutes 1984, section 473.858, 
subdivision 1, is amended to read: 
    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 Laws 
1976, Chapter 127, Sections 1 to 23 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 Laws 1976, Chapter 127, Sections 1 to 23 shall supersede the 
provisions of the applicable planning statute wherever a 
conflict may exist.  If the comprehensive municipal plan is in 
conflict with the zoning ordinance, the zoning ordinance 
supersedes the plan. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1985. 
    Approved May 6, 1985