1999 Minnesota Statutes

     473.858 Comprehensive plans; local governmental units. 

    Subdivision 1.    No conflicting zoning, fiscal device, 
 official control.  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 municipal plan is in conflict with 
 the zoning ordinance, the zoning ordinance shall be brought into 
 conformance with the plan by local government units in 
 conjunction with the review and, if necessary, amendment of its 
 comprehensive plan required under section 473.864, subdivision 
 2.  After August 1, 1995, a local government unit shall not 
 adopt any fiscal device or official control which is in conflict 
 with its comprehensive plan, including any amendments to the 
 plan, or which permits activity in conflict with metropolitan 
 system plans, as defined by section 473.852, subdivision 8.  The 
 comprehensive plan shall provide guidelines for the timing and 
 sequence of the adoption of official controls to ensure planned, 
 orderly, and staged development and redevelopment consistent 
 with the comprehensive plan.  For purposes of this section, a 
 fiscal device or official control shall not be considered to be 
 in conflict with a local government unit's comprehensive plan or 
 to permit an activity in conflict with metropolitan system plans 
 if such fiscal device or official control is adopted to ensure 
 the planned, orderly, and staged development of urbanization or 
 redevelopment areas designated in the comprehensive plan 
 pursuant to section 473.859, subdivision 5. 

    Subd. 2.    Adjacent review, comment.  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.    When to council.  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.   Status of old, new programs, plans, controls. 
  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 comprehensive 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.

    HIST: 1976 c 127 s 8; 1977 c 347 s 68; 1985 c 62 s 4; 1995 c 
 176 s 5