103F.373 REVIEW AND CERTIFICATION OF LAND USE ACTIONS.
Subdivision 1. Purpose.
To assure that the plan is not nullified by unjustified exceptions in
particular cases and to promote uniformity in the treatment of applications for exceptions, a review
and certification procedure is established for the following categories of land use actions taken by
the counties and directly or indirectly affecting land use within the area covered by the plan:
(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning
of particular tracts of land;
(2) the granting of a variance from provisions of the land use ordinance; and
(3) the approval of a plat which is inconsistent with the land use ordinance.
Subd. 2. Certification.
Notwithstanding any provision of chapter 394 to the contrary, an
action of a type specified in subdivision 1, clauses (1) to (3), is not effective until the board has
reviewed the action and certified that it is consistent with the plan. In determining consistency of
ordinances and ordinance amendments, the provisions of the plan shall be considered minimum
standards. An aggrieved person may appeal a decision of the type specified in subdivision 1,
clauses (1) to (3), that is reviewed by the board under this section in the same manner as provided
for review of a decision of a board of adjustment in section
394.27, subdivision 9
, but only after
the procedures prescribed under this section have been completed.
Subd. 3. Procedure for certification.
A copy of the notices of public hearings or, when a
hearing is not required, a copy of the application to consider an action of a type specified in
subdivision 1, clauses (1) to (3), must be forwarded to the board by the county at least 15 days
before the hearing or meetings to consider the actions. The county shall notify the board of
its final decision on the proposed action within ten days of the decision. By 30 days after the
board receives the notice, the board shall notify the county and the applicant of its approval or
disapproval of the proposed action.
Subd. 4. Disapproval of actions.
(a) If a notice of disapproval is issued by the board, the
county or the applicant may, within 30 days of the notice, file with the board a demand for a
hearing. If a demand is not filed within the 30-day period, the disapproval becomes final.
(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days of
demand. The hearing must be preceded by two weeks' published notice. Within 30 days after
the hearing, the board must:
(1) affirm its disapproval of the proposed action; or
(2) certify approval of the proposed action.
History: 1990 c 391 art 6 s 47; 1992 c 476 s 9,10