2001 Minnesota Statutes

     462.355 Preparation, adoption, and amendment of 
  comprehensive municipal plan. 

    Subdivision 1.    Preparation and review.  The planning 
 agency shall prepare the comprehensive municipal plan.  In 
 discharging this duty the planning agency shall consult with and 
 coordinate the planning activities of other departments and 
 agencies of the municipality to insure conformity with and to 
 assist in the development of the comprehensive municipal plan.  
 In its planning activities the planning agency shall take due 
 cognizance of the planning activities of adjacent units of 
 government and other affected public agencies.  The planning 
 agency shall periodically review the plan and recommend 
 amendments whenever necessary.  

    Subd. 1a.    Plan update by metropolitan municipalities. 
  Each municipality in the metropolitan area, as defined in 
 section 473.121, subdivision 2, shall review and update its 
 comprehensive plan and fiscal devices and official controls as 
 provided in section 473.864, subdivision 2. 

    Subd. 2.    Procedure for plan adoption and amendment.  
 The planning agency may, unless otherwise provided by charter or 
 ordinance consistent with the municipal charter, recommend to 
 the governing body the adoption and amendment from time to time 
 of a comprehensive municipal plan.  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 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.  

    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 by a two-thirds vote of all of its members adopt and 
 amend the comprehensive plan or portion thereof as the official 
 municipal plan upon such notice and hearing as may be prescribed 
 by ordinance.  

    Subd. 4.    Interim ordinance.  If a municipality is 
 conducting studies or has authorized a study to be conducted or 
 has held or has scheduled a hearing for the purpose of 
 considering adoption or amendment of a comprehensive plan or 
 official controls as defined in section 462.352, subdivision 15, 
 or if new territory for which plans or controls have not been 
 adopted is annexed to a municipality, the governing body of the 
 municipality may adopt an interim ordinance applicable to all or 
 part of its jurisdiction for the purpose of protecting the 
 planning process and the health, safety and welfare of its 
 citizens.  The interim ordinance may regulate, restrict or 
 prohibit any use, development, or subdivision within the 
 jurisdiction or a portion thereof for a period not to exceed one 
 year from the date it is effective, and may be extended for such 
 additional periods as the municipality may deem appropriate, not 
 exceeding a total additional period of 18 months.  No interim 
 ordinance may halt, delay, or impede a subdivision which has 
 been given preliminary approval prior to the effective date of 
 the interim ordinance.  

    HIST: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 
 566 s 24; 1983 c 216 art 1 s 67; 1985 c 62 s 1,2; 1995 c 176 s 4