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Minn. Stat. § 462.353, <br />subd. 4(a). <br />Minn. Stat. § 462.353, <br />subd. 4(c). <br />Minn. Stat. § <br />16B.685; Minn. Stat. <br />§ 326B.145 <br />Generally, cities must adopt fees by ordinance. However, there is a statutory <br />exception to this general requirement. The exception authorizes cities that <br />collect an annual cumulative total of $5,000 or less of land use fees to simply <br />refer to a fee schedule in the ordinance that governs the official control or <br />permit. These cities are authorized to adopt a fee schedule by ordinance or by <br />resolution, either annually or more frequently, after providing notice and <br />holding a public hearing. Notice must be published at least 10 days before <br />the public hearing. The exception also authorizes cities that collect an annual <br />cumulative total in excess of $5,000 of land use fees to adopt a fee schedule <br />if they wish, but they may only do so by ordinance, after following the same <br />notice and hearing procedures. <br />January 1 is set by statute as the standard effective date for changes to fee <br />ordinances, but a city may set a different effective date as long as the new fee <br />ordinance does not apply to a project for which application for final approval <br />was submitted before the ordinance was adopted. <br />Cities that collect over $10,000 in fees annually must report annually to the <br />Department of Administration all construction and development - related fees <br />collected or face penalties. The report must include information on the <br />number and valuation of the units for which fees were paid, the amount of <br />building permit fees, plan review fees, administrative fees, engineering fees, <br />infrastructure fees, other construction and development related fees, and the <br />expenses associated with the municipal activities for which the fees were <br />collected. <br />F. Updating and maintaining the city's <br />zoning ordinance <br />The last, but perhaps most important topic to discuss in zoning <br />administration is on -going maintenance of the zoning ordinance itself, both <br />its actual text and maps. City zoning authority is created and regulated by <br />statutes and court decisions. Both are changed or are amended frequently, <br />making it imperative that cities remain abreast of current developments in the <br />law and, with the assistance of legal counsel, amend their zoning ordinances <br />accordingly. <br />Any city that has adopted a zoning ordinance should regularly review it to <br />make sure it is consistent with current law. In addition, cities should also <br />review their ordinances to make sure they are consistent with past staff and <br />council interpretation and to make sure they are consistent with the city's <br />comprehensive plan. <br />Finally, the zoning ordinance should be reviewed to ensure that it is <br />consistent with the city council's current goals and visions for the <br />community Changes in the city's economic situation, population changes <br />and surges in development interest may quickly make a zoning ordinance <br />outdated with current city realities. Regulations that are inconsistent with <br />what the staff and council see as the future of the community can only cause <br />conflicts when particular applications have to be evaluated. <br />ZONING GUIDE FOR CITIES 43 <br />