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828
<br />the powers set forth in section
<br />cept as otherwise provided by
<br />ere be a separate board of ap-
<br />iig commission or a committee
<br />1 adjustments, and it may pro -
<br />such other duties as the gov-
<br />the board, the governing body
<br />decisions of the board on mat -
<br />or are final subject to appeal to
<br />)ry to the council. Hearings by
<br />h time and upon such notice to
<br />he board. The board shall with -
<br />,hall serve a copy of such order
<br />ar at the hearing in person or by
<br />>sed by the governing body, the
<br />t. Such rules may include provi-
<br />ritten briefs by the parties. The
<br />,hall include the minutes of its
<br />heard by it, including the final
<br />‘s not act as the board of adjust-
<br />>ppeal or petition until the plan -
<br />it has had reasonable opportunii-
<br />>f adjustments and appeals upon
<br />WENT OF COMPREHEN-
<br />g agency shall prepare the com-
<br />inning agency shall consult with
<br />and agencies of the municipality
<br />of the comprehensive municipal
<br />e due cognizance of the planning
<br />d public agencies. The planning
<br />mendments whenever necessary.
<br />es. Each municipality in the met-
<br />. shall review and update its com-
<br />)rovided in section 473.864, sub-
<br />nent. The planning agency may`,
<br />nt with the municipal charter, rec-
<br />nt from time to time of a compre
<br />lopted in sections, each of which
<br />)hical section of the municipality.
<br />licipal plan and amendments to it
<br />rating the comprehensive munici=
<br />ring agency shall hold at least one
<br />irpose of the hearing shall be pub-
<br />least ten days before the day of the
<br />comprehensive plan or an amend-
<br />til it has received the recommenda-
<br />from the date an amendment pro -
<br />tuning agency for its recommend?
<br />body may by resolution by a two-,
<br />iprehensive plan or portion thereof.<
<br />829
<br />HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.357
<br />as the o . municipal plan upon such notice and hearing as
<br />n.' e.
<br />Subd. 4. Interim ordinance. If a municipality is conducting studies or has authorized a
<br />study to be conducted or has held or has scheduled a hearing for the purpose of considering
<br />adoption or amendment of a comprehensive plan or official controls as defined in section
<br />462.352, subdivision 15, or if new territory for which plans or controls have not been adopted
<br />is annexed to a municipality, the governing body of the municipality may adopt an interim
<br />ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
<br />process and the health, safety and welfare of its citizens. The interim ordinance may regulate,
<br />restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion
<br />thereof for a period not to exceed one year from the date it is effective, and may be extended
<br />for such additional periods as the municipality may deem appropriate, not exceeding a total
<br />additional period of 18 months. No interim ordinance may halt, delay, or impede a subdivi-
<br />sion which has been given preliminary approval prior to the effective date of the interim ordi-
<br />anee.
<br />History: 1965 c 670 s 5; 1976 c 127 s 21; 1977 c 347 s 68; 1980 c 566 s 24; 1983 c
<br />216 art 1 s 67; 1985 c 62 s 1,2; 1995 c 176 s 4
<br />462.356 PROCEDURE FOR PLAN EFFECTUATION; GENERALLY.
<br />Subdivision 1. Recommendations for plan execution. Upon the recommendation by
<br />the planning agencyof the comprehensive municipal plan or sections thereof, the planning
<br />agency shall study and propose to the governing body reasonable and practicable means for
<br />putting the plan or section of the plan into effect. Subject to the limitations of the following
<br />sections, such means include, but are not limited to, zoning regulations, regulations for the
<br />subdivision of land, an official map, a program for coordination of the normal public im-
<br />provements and services of the municipality, urban renewal and a capital improvements pro-
<br />gram.
<br />Subd. 2. Compliance with plan. After a comprehensive municipal plan or section
<br />thereof has been recommended by the planning agency and a copy filed with the governing
<br />body, no publicly owned interest in real property within the municipality shall be acquired or
<br />disposed of, nor shall any capital improvement be authorized by the municipality or special
<br />district or agency thereof or any other political subdivision having jurisdiction within the
<br />municipality until after the planning agency has reviewed the proposed acquisition, disposal,
<br />or capital improvement and reported in writing to the governing body or other special district
<br />or agency or political subdivision concerned, its findings as to compliance of the proposed
<br />acquisition, disposal or improvement with the comprehensive municipal plan. Failure of the
<br />planning agency to report on the proposal within 45 days after such a reference, or such other
<br />period as may be designated by the governing body shall be deemed to have satisfied the re-
<br />quirements of this subdivision. The governing body may, by resolution adopted by two—
<br />thirds vote dispense with the requirements of this subdivision when in its judgment it finds
<br />that the proposed acquisition or disposal of real property or capital improvement has no rela-
<br />tionship to the comprehensive municipal plan.
<br />History: 1965 c 670 s 6
<br />462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONING.
<br />Subdivision 1. Authority for zoning. For the purpose of promoting the public health,
<br />safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's
<br />surface, in the air space above the surface, and in subsurface areas, the location, height,
<br />width, bulk, type of foundation, number of stories, size of buildings and other structures, the
<br />percentage of lot which may be occupied, the size of yards and other open spaces, the density
<br />and distribution of population, the uses of buildings and structures for trade, industry, resi-
<br />dence, recreation, public activities, or other purposes, and the uses of land for trade, industry,
<br />residence, recreation, agriculture, forestry, soil conservation, water supply conservation,
<br />conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sun-
<br />light for solar energy systems as defined in section 216C.06, flood control or other purposes,
<br />and may establish standards and procedures regulating such uses. No regulation may prohib-
<br />
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