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<br />governing body means of putting the plan into
<br />effect. These means include zoning, subdivision
<br />regulations, official maps, a program of coordina-
<br />tion of public improvements and services (sec
<br />Chapter 23 on financing local improvements), city
<br />renewal and redevelopment (see Chapter 14), and a
<br />capital improvements program (see Chapter 18).
<br />
<br /> 6. Review..of land acquisitions and capital
<br />improvements./3 Once a comprehensive plan or
<br />part thereof has been adopted by the commission,
<br />all land acquisitions and capital improvements
<br />contemplated by the city or any other govern-
<br />mental unit having jurisdiction within the munici-
<br />pality must be reviewed by the commission and a
<br />written report submitted to the appropriate
<br />governing body, describing the commission's
<br />finding on the proposal's conformance to the
<br />municipal plan. (The council may, by 2/3 vote,
<br />dispense with this requirement where, in its judg-
<br />ment, no planning implications are involved.)
<br />Failure of the commission to report in 45 days is
<br />deemed approval.
<br />
<br /> 7. Review of land use control measures. The
<br />Planning Act requires review of zoning ordinance
<br />amendments, subdivision plats, and official maps
<br />by the planning commission prior to enactment.
<br />Public hearings in such cases may be before the
<br />planning agency, but the council must make the
<br />final decision on these legislative matters. Under
<br />most municipal ordinance procedures, all council
<br />determinations having planning implications are
<br />first referred to the planning commission for study
<br />and recommendation.
<br />
<br /> 8. 4~ting as a board of adjustments and
<br />appeals.'" Evew city having a zoning ordinance or
<br />official map in effect must establish a board of
<br />adjustments and appeals. The planning commis-
<br />sion or a committee of the commission may, but
<br />need not, be assigned this duty. Since the board of
<br />adjustment may review decisions and recom-
<br />mendations of the planning commission, it is
<br />usually better to have a board of adjustment
<br />different from the planning commission.
<br />
<br />Execution of the Planning Program
<br />
<br /> It is commonly recognized that any plan is only
<br />as good as its execution. (For a complete discus-
<br />sion, see League publication Local and Regional
<br />Planning in Minnesota, Part II, Regulatory De-
<br />vices for Implementing the Plan.) The tools most
<br />commonly and most effectively used to accomplish
<br />this are: zoning, subdivision controls, official street
<br />maps, building regulations, and capital improve-
<br />ment budgeting. Capital improvement budgeting
<br />
<br />will be discussed under the topic of "budgeting" in
<br />Chapter 18. The state building code is discussed in
<br />Chapter 12. The other tools are discussed in the
<br />following pages. A well-organized and effective
<br />planning program will utilize all five.
<br />
<br /> Innovative new concepts in land use controls are
<br />being considered by many cities. These include
<br />providing for staged development? 5 providing for
<br />annual housing quotas to limit populati~
<br />growth,16 and zoning in airport hazard areas."
<br />Before attempting to include a new or unique
<br />concept in a land use control ordinance, a city
<br />should develop a comprehensive plan which
<br />permits the use of these new concepts. Care
<br />should be taken to avoid unconstitutional restric-
<br />tions, however.18
<br />
<br />Making Records of Land Use Decisions
<br />
<br /> Decisions involving special or conditional use
<br />permits, or other decisions involved in administer-
<br />ing the land use control program by a council,
<br />planning commission and board of adjustment,
<br />may be reviewed by a court. Chiefly for this
<br />reason, an adequate record should be made con-
<br />cerning the consideration of and decisions in land
<br />use questions. (See Chapter 6, Section E, for
<br />a full discussion of making an adequate record.)
<br />
<br />Zoning
<br />
<br /> Since it establishes a land use pattern, zoning
<br />tends to insure orderly development of various
<br />districts according to their best use. (For more
<br />detailed information, see League publication,
<br />"Zoning, A Guide for Minnesota Cities," which
<br />explains the following steps in greater detail,
<br />
<br />contains an extensive discussion of zoning in all of
<br />its aspects and applications, and provides model
<br />zoning ordinances and forms.)
<br />
<br /> A zoning plan divides the city into various
<br />districts as a means of regulating the uses of
<br />property, the height and size of buildings, and the
<br />amount of vacant space on lots in each district.
<br />The regulations must be uniform within a district,
<br />but may vary among districts. In each use district-
<br />residential, commercial, or industrial, for example -
<br />only certain uses are permitted and certain con-
<br />ditions are imposed upon them. Since it is enacted
<br />under the police power, zoning must reasonably
<br />promote the public health, safety, morals, and
<br />welfare.
<br />
<br /> The Municipal Planning Act does not require the
<br />establishment of a comprehensive plan or a plan-
<br />ning commission to develop a zoning ordinance,
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