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PLANNING, ZONING
<br />of Blaine, 1977, 312 Minn. 535,
<br />
<br />acts on a rezoning application,
<br />ye power and judicial review is
<br />
<br />~g body to record contcmpora-
<br />legally sufficient reasons for its
<br />~ermit constitutes a prima facie
<br />ess in the denial. Holasck v.
<br />1975, 303 Minn. 2ad), 226
<br />
<br />e appears than that the council
<br />I of a special-use permit after
<br />m recommendation of its plan-
<br />re is no sufficient evidentiary
<br />~- that the council's action was
<br />::lerafion of the facts and was
<br />her than upon the mere indi.
<br />uncil members. Id.
<br />is of zoning ordinance is de-
<br />ons differ as to desirability of
<br />lourts are not to interfere with
<br />iFreeborn County v. Claussen,
<br />3 N.W.2d 323.
<br />
<br />subd. 4 and 462.357, subd, g
<br />ities licensed by Department
<br />housing between seven to 16
<br />:,d nonconforming multi-fami-
<br />~d as single family and local
<br />>t restrict facility to less than
<br />~en. No. 477b-34, April 25,
<br />
<br /> h, safety, and general
<br />~nt of land, to preserve
<br />rdable to persons and
<br />· transportation, water,
<br />i'r public services and
<br />[gulations establishing
<br />!oval or disapproval of
<br />peering, and be made
<br />regulations shall be
<br />
<br />iivision regulations to
<br />direction but not in a
<br />where two or more
<br />part, each is authoriz-
<br />~ries within this area.
<br />
<br />~ts in the regulations
<br />improvement of lots,
<br />:utters, water supply,
<br />?s; the planning and
<br />
<br />PLANNING, ZONING
<br />
<br />§ 462.358
<br />
<br />design of sites; access to solar energy; and the protection and conservation of flood
<br />plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic
<br />features. The regulations shall require that subdivisions be consistent with the munici-
<br />pality's official map if one exists and its zoning ordinance, and may require consistency
<br />with other official controls and the comprehensive plan. The regulations may prohibit
<br />certain classes or kinds of subdivisions in areas where prohibition is consistent with the
<br />comprehensive plan and the purposes of this section, particularly the preservation of
<br />agricultural lands. The regulations may prohibit, restrict or control development for the
<br />purpose of protecting and assuring access to direct sunlight for solar energy systems.
<br />The regulations may prohibit, restrict, or control surface, above surface, or subsurface
<br />development for the purpose of protecting subsurface areas for existing or potential
<br />mined underground space development pursuant to sections 472B.03 to 472B.07, and
<br />access thereto. The regulations may prohibit the issuance of building permits for any
<br />tracts% lot.% or parcels for which required subdivision approval has not been obtaini~d.
<br />Thc regulations may permit the municipality to condition its approval on the construction
<br />and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar
<br />utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash
<br />deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety
<br />and conditions sufficient to assure the municipality that the utilities and improvements
<br />will be constructed or installed according to the specifications of the municipality. The
<br />regulations may permit the municipality to condition its approval on compliance with other
<br />requirements reasonably related to the provisions of the regulations and to execute
<br />development contracts embodying the terms and conditions of approval. The municipality
<br />may enforce such agreements and conditions by appropriate legal and equitable remedies.
<br /> Subd. 2b. Dedication. The regulations may require that a reasonable portion of any
<br />proposed subdivision be dedicated to the public or preserved for public use as streets,
<br />roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas
<br />or ponds and similar utilities and improvements.
<br /> In addition, the regulations may require that a reasonable portion of any proposed
<br />subdivision be dedicated to the public or preserved for public use as parks, playgrounds,
<br />trails, or open space; provided that (a) the municipality may choose to accept an
<br />equivalent amount in cash from the applicant for part or all of the portion required to be
<br />dedicated to such public uses or purposes based on the fair market value of the land no
<br />later than at the time of final approval, (b) any cash payments received shall be placed in
<br />a special fund by the municipality used only for the purposes for which the money was
<br />obtained, (c) in establishin, g the reasonable portion to be dedicated, the regulations may
<br />consider the open space,' park, recreational, or common areas and facilities which the
<br />applicant proposes to reserve for the subdivision, and (d) the municipality reasonably
<br />determines that it will need to acquire that portion of land for the purposes stated in this
<br />paragraph as a result of approval of the subdivision.
<br /> Subd. 3. Repealed by Laws 1980, c. 566, § 35. ~
<br />Subd. 3a. Platting. The regulations may require that any subdivision creating par-
<br />cels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions
<br />which create five or more lots or. parcels which are 2-Yz acres or less in size shall be
<br />platted. The regulations shall not conflict with the provisions of chapter 505 but may
<br />address subjects similar and additional to those in that chapter.
<br />Subd. 3b. Review procedures. The regulations shall include provisions regarding the
<br />content of applications for proposed subdivisions, the preliminary and final review and
<br />approval or disapproval of applications, and the coordination of such reviews with
<br />affected political subdivisions and state agencies. The regulations may provide for the
<br />consolidation of the preliminary and final review and approval or disapproval of subdivi-
<br />sions. Preliminary or final approval may be granted or denied for parts of subdivision
<br />applications. The regulations may delegate the authority to review proposals to the
<br />planning commission, but final approval or disapproval shall be the decision of the
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<br />143
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