Agenda - Charter Commission - 01/08/2002 - Memorandum

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462.354 HOUSING, REDEVELOPM[EN'r, PLAy--G, ZONIiNG 846 vide an appropriate name for the board. The board may be given such other duties as the gov- erning body may direct. In any municipality where the council does not serve as the board, the governing body may, except as otherwise provided by charter, provide that the decisions of the board on mat- ters within its jurisdiction are final subject to judicial review or are final .subject to appeal to the council and the right of later judicial review or are advisory to the council. Hearings by · the board of appeals and adjustments shall be held within such time and upon such notice to interested parties as is provided in the ordinance establishing the board. The board shall with- in a reasonable time make its order deciding the matter and shall serve a copy of such order Upon the appellant or petitioner by mail. Any party may appear at the hearing in person orby agent or attorney. Subject to such limitations as may be imposed by the governing body, the board may adopt rules for the conduct of proceedings before it. Such rgles may include provi- sions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard.by, it, including the final order. In any municipality in which the planning 'agency does not act as the board of adjust- ments and appeals, the board shall make no decision on an appeal or petitidn untiLthe plan- ning agency, if there is one, or a representative authorized by it has had reasonable opportuni- ty, not to exceed 60 days, to review and report.to the board of adjustments and appeal~ upon the appeal or petition. .. History: 1965 c 670 s 4; 1967 c 493 s 1 462.355 PREPARATION, ADOPTION, AND AMENDMENT OF COMPREHEN- SIVE MUNICIPAL PLAN. Subdivision 1. Preparation and review. The planning agency shall prepare the com- prel: :nsive 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 o1:' adjacent units of government and other affected public agencies. The planning agency shall periodically review the plan and recommend amendm, ents whenever necessary. Subd. i a. Plan update by metropolitan municipalities. Each municipality in the met- ropolitan area, as defined in section 473.121, subdivision 2, shall review and update its com- prehensive plan and fiscal devices and official, cpntrols as provided in section 473.864, sUb- division 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, rec- ommend to the governing body the adoption and amendment from time to time ora compre-. hensive 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 munici- pal 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 pub- lished once in the official newspaper of the municipality at least ten days before the day of the hearing. . -~ ... , Sub& 3. Adoption by governing body. A proposed comprehensive plan or an amend- ment to it may not be acted upon by the governing body until it has received the recommenda- tion of the planning agency or until 60 days have elapsed from the date an amendment pro-. posed by the governing body has been submitted to the planning agency [or its recommenda~ lion. Unless otherwise provided by charter~..,the governin~ body:may by resolution by a two- ,.ttlir.da void Of' all Of its members adopt and amend the comprehensive plan or portion thereof ,as. the official municipal pl. an upon. such notice and hearing as_may be.prescribed bv ordi-. nance. Subd. 4. Interim ordinance. Ifa municipality is conducting studies orhas authorized a ::rudy to be conducted or has held or has scheduled a hearing for the purpose of considering