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222763 , ` .tr�INAL TO CITY CLBRK�' �~y , ��/".��(� t%�"'� ' " CITY OF ST. PAUL �o�NC�� Pd OFFICE OF THE CITY CLERK FILE NO ' n COUNCIL RESOLUTION—GENERAL FORM /�ESENTED EY �,/ COMMISSIONE DATF RE60LVED� That the �ouncil of the City of Saint paul hereby approves the proposed League of Minnesota Municipalities bill entitled: -. "A BILL FnR AN AGT RELATING TO MUIVICIFAL �LANNING AND DEVELOPMENT AND PROVIDING FOR ZO1V'ING� OFFICIAL , MAF'�,'SIIBDIVI�ION REGIILATION� AND OTHER OFFICIAL COATTROLS; REPEALING MINNE'�OTA �TATtJTES 1L961� � SECTIOIVS 412.221� SIIBDIVISION 29; 462.01 TO � 462.11; 462.18 To 462.23; 465.21 To 465.25 AND 471.26 To 47i.33" and recommends the sam.e to the Ram sey County Senate and House delegations. , , , , _.� _ - � PPI20VED � � � �sst. Corpora ion� ounsel t qpR 2 1965 ��`'. COiJNCILMEN -� � Adopted by the Council . 19— Yeas Nays , Dalglish APR 2 1965 Holland pproved 19— � Loss = Tn FaVOr Mereditli � Peterson . (j MAyOr A gainst � Rosen Mr. President, Vavoulis , , PUBLISHED /.�PR �0 1c�-� , ioat e-as .� M1 ' ` �� DUrLICAT[TO MINTtR + � . L ` CITY OF ST. PAUL F,�NCIL NO OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORtvt rR�rec�r COMMISSIONE� DA� �SOLT�, That the Council of thp City Qf �aint �av,�,, her�by approves �he proposed T,eag�e of Mi.nn�sa�g Municipal3.ties b331 e�.titled s �'�. ��Ll� �AR ADT ,AC� �A'�.'�IIG T4 1�3�TC�PA3, ��A�+tR�I�iQr AKD 1��`l��' ANU P�OYT�II�G 1�OR, �A�Na Q�C�AL 2dAPS �BD�Y�5�4N .�IILA��OHS AND f}TH�_ �l�'IC�A� � �COA�O�;�; 1�'�Ii�Q �EN�t$sQ�'A. 8�"A�� 961, � ' ��C�`I��S� �-12.�21� �tTBD�V��01� �9# �62.Oi '.� �+6�.1�; �-b2.�.s �� 462�23; �+65.2i To �+65.25 �;U � �-�1�26 �t1 471.33�" . and re�o�ends t�e saffie �b �he �.sey Coun�y �3enate and I�ouse �delegat3ons. AP R 2 1965 COUNCILI�N Adopted by the Council 19_ Yeas Nays qpR 2 �pCC .7�a:7 Dalglish Holtand Approved 19— Loss Tn Favor Meredith Peterson MAyOr ��gsinst Rosen Mr. President, Vavoulis io� e-as � . ` � A 1 ♦ . S i �� r� 4 ' r - DEPARTMENT OF FINANCE CITY OF SAINT PAUL �?,��'��3 . MINNESOTA I 13 Court House,65102 JAMES J. DALGLISH, Commissioner . Phone: 224-46�z • THOMAS J.KELLEY, Depu+y Commissioner 6h.343-344 March 22, 1965 Legislative Committee St. Paul City Council . BUILDING ' :� Gentlemen: A week or ten days ago, you appointed a subcommittee to make a recommendation on the Minnesota League of Municipalities' bill relating to municipal planning and development. The proposed bill before us was the League's bill dated February 19, 1965. The.subcommittee which looked into this matter consisted of, be- sides me, Grege Becket as secretary, Donald Ha.nsen of the city attorney`s office, George McPartlin and Bert Tieg. I believe it is the considered judgment of the subcommittee that while this bill is not a perfect one, as far as the City of St. Paul is concerne�it is better than the present statute now avail- able to us. It is possible that the City Council may have to revise some planning ordinances, but this seems to present no great barrier. Therefore, I recommend that the Legislative Committee approve the passage of the League of Minnesota Municipalities' bi11 on planning � to the Ra.msey County delegation and that a proper resolution be prepared by the corporation counsel stating the City Council's position on this matter. S' erely o rs � es algl' C is • ner f inance .,�"" ' � ,• � . ' cc:c. John Connelly �f u ��. r �^ (� �� y' I� ' ..,:��l'�1 � � � , � ` r � Y, �/ • 0� `�� n'' ' N� _ - � � �� ` - , � �`� ��,� �� FEB 19 1965 � � . �� . �� , • A BILL FOR AN ACT .� . � RELATING TO MUNICIPAL PLANNING AND DEVELOPMENT � kND PROVIDING FOR ZONING, OFFICIAL MAPS, �, _ SUBDIVISION REGULATIONS AND OTHER OFFICIAL � � � /' CONTROLS; REPEALING MINNESOTA STATUTES 1961, SECTIONS 412.221, SUBDIVISION 29; �62.01 TO �62. 11; �62.18 TO �62.23; �+55.21 TO �Fo5.25 AND � �+71.26 To �71.33. BE IT ENACTED BY THE LEGISLATURE OF• THE STATE OF MINNESOTA: Section 1. �TATEMENT OF POLICY7 The legislature finds that municipalities are faced with mounting problems in • providing means of guiding future development of land so as to insure a safer, more pleasant and more economical environment for residential, commercial, industria]. and public activities and to promote the public health, safety, morals and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning,� by providing public guides to future municipal action, enables other public and private agencies to plan their activities in harmony with the municipality' s plans. Municipal plannin� will assist in developing lands more wisely to serve citizens more effectively, will make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of this act to provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning. Sec. 2. �DEFINITION� Subdivision 1�. For the purposes of this act the terms defined in this section have the meanings given them. � .' Subd. 2. "Municipality" means any city, including a city operating under a home rule charter, and any village or borough �r�� ' 1 � S , f • � • ' •� . �� - and any town having the powers of villages pursuant to Minnesota Statutes, Section 368.01. Subd. 3. "Planning agency" means the planning commission or the planning department of a municipality. Subd. �+. "Platting authority" means the governing body or other agency responsible under statute or charter for the approval of plats of land within the municipality or within its area of plattin� control. Subd. 5. "Comprehensive municipal plan" means a compil.ation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A compr.ehensive plan represents the planning agency' s recommendations for the future development of the community. Subd. 6. "Land use plan" means a compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses or any combination of such uses. Subd. 7. "Transportation plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the municipality and its environa such as streets and highways, mass transit, railroads, air 2 . �l , ' � � . . e � ! ♦�\ transportation, trucking and water �ransportation, and includes a ma�or thoroughfare plan. Subd. 8. "Community facilities plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the municipality such as recreational, educational and cultural facilities. Subd. 9, "Capital improvement program" means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the �ustification for each improvement, Lhe impact that such improvements will have on the current operating expense of the municipality, and such other information on caA tal improvements as may be pertinent. � • -- -- Subd. 10. "Official map" means a map adopted in accordance with section 9 of this act showing existing streets, proposed flzture streets and the area needed for widening of existing streets of the municipality. An official map may also show the location of existing and �uture public land and facilities within the municipality. Subd. 11. "Governing body" in the case of cities or villages means the council by whatever name known, and in the case of a town, means the town board. Sec, 3. �UTHORITY TO PLA� Subdivision l. �ENERAL AUTHORITY� A municipality may carry on comprehensive municipal planning activities for guiding the future development and improvement of the municipality and may prepare, adopt and amend a comprehensive municipal plan and implement such plan by ordinance and other official actions in accordance with the provisions of this act. 3 , •. . . .. _ s • . .^ . Subd. 2. �TUDIES AND REPORT� In exercising its powers under subdivision 1, a municipality may collect and analyze data, prepare maps, charts, tables, and other illustrations and displays, and conduct necessary studies, A municipality may publicize its purposes, suggestions, and findings on planning matters, may distribute reports thereon, and may advise the public on the planning matters within the scope of its duties and ob�jectives. Subd. 3. �PPROPRIATION AND CONTRACT� A municipality may appropriate monies from any fund not dedicated to other purposes in order to finance its planning activities. A municipality may receive and expend grants and gifts for planning purposes and may enter into contracts with the federal and state governments or with other public or private agencies in furtherance of the planning activities authorized by this act. Sec. �+. �RGANIZATION FOR PLANNIN� Subdivision 1. �LANNING AGENC� A municipality may by charter or ordinance create a planning agency. A planning agency created by ordinance may be abolished by two-thirds vote of all the members of the governin� body. The planning agency shall be advisory, except as other powers and duties are imposed on it by this act, by statute, by charter, or by ordinance consistent with the municipal charter. The planning agency may take the following alternative form$: (1) It may cons3st of a planning commission, which may or may not include municipal officials among its members. The �' planning commission may be provided with staff which may be a division of the administrative structure of the municipal government. The commission shall be advisory directly to the governing body. 4 . -` , • . ., . ' � ` (2) It may consist of a planning department with a planning commission advisory to it and shall function as a department advisory to the governing body and the municipal administration. The planning department may be provided with an executive director and other staff as in the case of other municipal departmen�s. Subd, 2. �OARD OF ADNSTNI�NTS AND APPEAIS� The governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and ad�ustments. The board shall have the . powers set forth in section 7, subdivision 5 and section 9, subdivision �. Except as otherwise provided by charter, the governing body may provide alternatively that there be a separate board of appeala and ad�ustments or that the governing body or the plannin� commission or a committee of the planning � commission serve as the board of appeals and ad�ustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing 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 matters within its �urisdiction are final sub�ect to ,judicial review or are final sub�ect to appeal to the council and the right of later �judicial review or are advisorST to the council. Hearings by the board of appeals and ad,justments shall be held within a reasonable time and upon reasonable notice to interested parties. The board shall within a reasonable time � make its order deciding the matter and shall serve a copy of auch order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. 5 ----._.__. - . -� . . • , • , ....5 . Sub�ect to such limitations as may be imposed by the governing body, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions 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 ad�ustments and appeals, the board shall make no decision on an appeal or petition until the planning agency, if there is one, or a representative authorized by it has had a reasonable opportunity, not to exceed 60 days, to review and report to the board of adjustment and appeals upon the appeal or petition. Sec. 5. LPREPARATION, ADOPTION, AND ANlENDMENT OF COMPREHENSIVE NNNICIPAL PLA� Subdivision 1. �REPARATION AND REVIE� The planning agency shall prepare the comprehensive 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 plannin� activities of ad�acent units of government and other affected public agencies. The planning agency shall periodically review the plan and recommend amendments whenever necessary. Subd. 2. �ROCEDURE FOR PLAN ADOPTION AND AMENDMEN� The planning agency may, unless otherwise provided by charter or ordinance consistent with the municipal charter, adopt and amend from time to time a comprehensive municipal plan as its recommendation to the governing body. The plan may be prepared 6 . •� • ._� J . . and adopted in sections, each of which relates to a ma,jor sub�ect of the plan or to a ma�or geographical section of the municipality. The governing body may propose amendments to the comprehensive municipal plan by resolution submitted to the planning a�ency, Before adopting the comprehensive municipal 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 published once in the official newspaper of the municipality at , least ten days before the day of the hearing. The proposed plan, section of the plan, or amendment shall be � transmitted to the governin� body prior to the publication of the notice of hearing. Adoption and amendment of the comprehensive municipal plan or of any section thereof sha11 be by resolution adopted by a ma�ority of a11 th e members of the planning commission. A copy of the plan or of any section or amendment thereof adopted by the planning agency shall be certified to the governing body of the municipality. � Subd. 3. �DOPTION BY GOVERNING BOD� Unless otherwise provided by charter, th e governing body may by resolution of a ma�ority of its members adopt the comprehensive plan or portion thereof so recommended as the official municipal plan upon such notice and hearing as may be prescribed by ordinance. , Until so adopted by the governing body, the plan shall ,�� N"_ _ constitute only the recommendation of the planning agency. �/ Sec. 6. �ROCEDURE FOR PLAN EFFECTUATION: GENERA� Subdivision 1. rRECOMMENDATIONS FOR PLAN EXECUTIO� Upon the recommendation by the planning agency of the comprehensive municipal plan or sections thereof, the planning agency shall study and propose to the governing body .reasonable and practicable means for putting the plan or section of the plan 7 . • _R . ` . ' . into effect. Sub�ect to the limitations of the follovaing sections, such means include, but are not limited to, zoning regulations, regulations for the subdivision of land, an official map, a program for coordination of the normal public improvements and services of the municipality, urban renewal and a capital improvements program. Subd. 2. �OMPLTANCE WITH PLA� After a comprehensive municipal plan �or section thereof has been recommended by the planning agency and a copy filed with the governing body, no public interest in real property within the municipality shall be acquired or disposed of, nor sha11 any capital improvement be authorized by the municipality or special diatrict or , agency thereof or any other political subdivision having Jurisdiction within the municipality until after the plannin� agency has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the governing body or other special district or agency or political subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or improvement with the comprehensive municipal plan. Failure of the planning agency to report on the proposal within �5 days after such a reference, or such other period as may be designated by the governing body shall be deemed to have satisfied the requirements of this subdivision. The governing body may, by resolution adopted by two-thirds vote dispense with the requirements of this subdivision when in its �judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal planr Sec. 7. �ROCEDURES FOR PLAN EFFECTUATION: ZONIN� . Subdivision 1. �UTHORITY FOR ZONIN� For the purpose of 8 • � • . •-•t . promoting the public health, safety, morals and general welfare, a municipality may by ordinance regulate the location, height, bulk, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, flood control or other purposes, and may establish standards and procedures regulating such uses. The regulations may divide the municipality into districts or zones of suitable numbers, shape and area. The regulations shall be uniform for each class or kind of buildings, structures or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the Zoning Ordinance and shall consist of text and maps. Subd. 2. �ENERAL REQUIREMENT� At any time after the adoption of a land use plan for the municipality, the planning ' agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Sub,ject to the requirements of subdivisions 3 and �, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members. Subd. 3. �UBLIC HEARING� No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing - - i body. A notice of the time, place and purpose of the hearing 9 , , � , �-•, . sha11 be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 200 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. �. �MENDMENT� An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ord3.nance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency.. Subd. 5. �PPEALaS AND ADJUSTMENT� Appeals to the board of appeals and ad�ustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and ad,justments has the 10 ' ', � � • � , , . -�� following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict , enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. The board of appeals and ad,justments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be may impose conditions in the �ranting of variances to insure compliance and to protect ad,�acent properties. Sec . 8. �ROCEDURE FOR PLAN EFFECTUATION: SUBDIVISION REGULATION� Subdivision 1. �UTHORITY TO REGULAT� To provide for orderly, economic, and safe development of land and . urban services and facilities, and to promote the public health, safety, morals and general welfare, a municipality may adopt subdivision regulations which include minimum physical standards and design requirements as to subdivision improvements, and procedures for plat appr�oval, includin� a procedure for appeals from actions of the platting authority. Subdivision regulations shall be adopted by ordinance when the governing body is the platting authority and by resolution when the platting authority is an agency other than the governing body. A municipality may by resolution extend the , 11 ' '� . , . . . -•. . , application of its subdivision re�ulations to unincorporated territory located within three miles �of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than six miles apart, each is authorized to control the subdiviaion of land equidistant from its boundaries within this area. Subd. 2. �ERMS OF REGULATION� Subdivision regulations shall require that a proposed subdivision plat shall be in conformity with the official map if suCh exist. In establishing requirements for the location and width of streets, the municipality shall take into consideration anticipated traffic needs and the prospective character of the development and make any reasonable requirementa therefor. As a condition to the approval of any subdivision plat of lands to which the regulations apply, subdivision regulations may prescribe requirements concerning the extent and manner in which streets shall be graded and improved, and water, sewer, and other utility mains, piping connections, or other facilities shall be installed. The regulations may provide, or authorize the governing body or other platting authority to provide, that, in lieu of the completion of such work before the final approval of the plat, the governing body or platting authority may accept or require a contract secured by a cash deposit, certified check, or a bond in an amount and with surety and conditions satisfactory to it, to assure the municipality that such improvements and utilities will be actually constructed and installed according to the specifications 2(pproved by the governing body or platting authority as expressed in the contract; and the municipality may enforce such contracts by appropriate legal and equitable remedies. The subdivision 12 .. • . � , . •-t • regulations may require that a reasonable portion of each proposed subdivision be dedicated to the public for public use as parks, playgrounds, and school sites or that the subdivider at his option contribute an equivalent amount in cash as defined by the regulations, provided that cash payments received under such re�ulations shall be placed in a special fund by the municipality and used only for the acqui�sition of land for parks and playgrounds. The regulations may require that all lands falling within the mean high water mark of lakes, rivers, and water courses, be dedicated to the public or, at the opLion of the subdivider, convenanted against building thereon. Subd. 3. �LAT APPROVA� After a municipality adopts subdivision regulations, copies of the regulations shall be filed with the county register of deeds and registrar of titles as provided in this act. Thereafter, no subdivision plat for land within the area to which the regulations are applicable shall be filed or accepted for filin� unless it is accompanied by a certified copy of the resolution approving it. Before a subdivision plat is approved, it sha].1 be reviewed by the platting authority as to its conformity to subdivision regulations. The platting authority may provide that proposed plats and subdivision developments be referred to the planning agency for review and recommendation. Unless �� otherwise provided by law or charter, prior to the at�proval �� of a lat b the lattin authorit a ublic hearin shall be v P y P � Y� P � � held thereon after notice of the time and place thereof has been published once in the official newspaper at least ten days before the day of the hearing. At the hearing all persons interested in the plat shall be heard and the plattin� authority may thereafter approve or disapprove the 13 . ,_L • i . � plat but failure of the platting authority to act on the application within 60 days is deemed approval. The grounds � for any refusal to approve a plat shall be set forth in the proceedings of the platting authority and reported to the applicant. After approval a plat may be filed or recorded as otherwise provided by law. Subd. �, rRESTRICTIONS ON FILING AND RECORDING CONVEYANCE� In a municipality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of land to which the regulations are applicable shall be filed or recorded, or accepted for filing or recording if the land is described in the conveyance by metes and bounds or by reference to a registered land survey or to an unapproved plat made after such regulations become effective unless approval of the platting authority is stamped or endorsed on the face of such conveyance.. The foregoing provision does not apply to a conveyance if the land described: - (1) was a separate parcel of record April 1, 19�5 or the date of adoption of subdivision regulations under Laws 1g�+5, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule � charter, or (2) was the sub,ject of a written agreement to convey entered into prior to such time. (3) is a single parcel of land of not less than five acres and having a width of not less than 300 feet. � In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive 1� ,_` � . . , � . •_.� . such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys or offers for sale a lot or parcel in violation of the provisions of this subdivision shall be guilty of a misdemeanor for each lot or parcel separately so conveyed or offered for sale. A municipality may en,join such conveyance or the filing or recording o.f such canveyance by a civil action in any court of competent �urisdiction. . Subd. 5. �ERMIT� Except as o.therwise provided by this section all utility lines or piping, roadways, curbs, walks and other similar improvements shall be constructed only on a street, alley, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of the municipality, or which has otherwise been approved by the governing body. When a municipality has adopted an official map, no permit for the erection of any building shall be issued unless the building is to be located upon a parcel of land abutting on a street or highway which has been designated upon an approved plat or on the official map or which has been otherwise approved by the governing body, and unless the buildings conform to the established building line. This limitation on issuing permits shall not apply to , planned developments approved by the governing body pursuant to its zonin� ordinance. No permit shall be issued for the � construction of a building on any lot or parcel conveyed in violation of the provisions of this section. Subd. 6. LVARIANCE� Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the 15 t_ - � � • � ' - `-� . specific grounds set forth in the regulations. Subd. 7. �ACATIO� The governin� body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. For the purposes of this act a utility easement means an easement for any and all public or privately owned public utilities including but not limited to water, sewer, storm sewer, drainage, electric, telegraph, telephone, �as and steam. A boulevard reserve means an easement establiahed ad�acent to a dedicated street for the purpose of establishing open space ad�acent to the street and which area is designated � . ��,� on the recorded plat as "boulevard reserve" . { Subd. 8. �LAT APPROVAL UNDER OTHER LAW� Nothin� in ��O � this section is to be construed as a limitation on the authority of municipalities which have not adopted subdivision regulations to approve plats under any other provision of law. Sec. 9. �ROCEDURE FOR PLAN EFFECTUATION: OFFICIAL MAP� Subdivision 1. - �TATEMENT OF PURPOS� Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners. When this . happens, public uses of land may be denied or may be obtained later only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uaes permits both the public and private property owners to ad�ust their building plans equitably and � 16 ._' , . t � . . ' ; • • . conveniently before investments are m�de which will make such ad,justments difficult to accomplish. Subd. 2. �DOPTIO� After the planning agency has adopted a major thoroughfare plan and a community facilitiea plan, it may, for the purpose of carrying out the policies of the ma�or thoroughfare plan and community facilities plan, prepare and recommend to the governing body a proposed official map covering the entire municipality or any portion thereof. The governing body may, after holding a public hearing, adopt and amend the official map by ordinance. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall have been made prior to the preparation of the final draft of the I � official map. The accuracy of the future acquisition lines S�� shown on the official map shall be attested to by the municipal h�� -- en�ineer, or a registered en�ineer, or registered land survevor. _ --- �-- After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached shall be filed with the register of deeds and the registrar of titles as provided in this act. Subd. 3. �EFFEC� After an official map has been adopted and filed, the issuance of building permits by the municipality shall be sub�ect to tlie provisions of this ti section. Whenever any street or highway is widened or improved or any new street is opened, or interests in lands for ► N other pub�ic purposes are acquired by the municipality, it is not required in such proceedings to pay for any buildin� or i i � 17 i t � i . �� - . ,: , � • � - . � structure placed without a permit or in violation of conditions of a permit wi.thin the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes, The adoption of an official map does not give the municipality any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map c�oes authorize the municipality to acquire such interests without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. Subd. �. �PPEALS� If a permit for a building in such locatlon is denied, the board of appeals and ad�ustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of �ustice and equity. In addition to the notice of hearing required by section �F, subdivision 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the board of appeals and ad,justments authorizes the issuance of a permit the governing body or other board or commission having �urisdiction shall have six months from the 18 o, ,� , ' ` ' {' � '. ^ c ` ' ; f i � � date of the clecision of the �board to institute proceedinga to : acquire such land or interest therein, and if no such = proceedings are started w3thin that time, the officer responsible for issuing building permits shall issue the permit if the application otherwise conforms to local ordinances. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. Sec . 10. �ERTIFIED COPIES FILED WITH REGISTER OF DEED� Subdivision 1. A certified copy of every ordinance, � resolution, map, or re�ulation adopted under the provisions of sections 8 and 9 of this act and amendments thereto shall be filed with the register of deeds and re$istrar of titles of the county or counties in which the municipality adopting it is located. Subd. 2. �ILING WITH CONTIGUOUS PLANNING AUTHORITIE� A copy of a comprehensive plan adopted by a planning agency �--�--�.�� -- under the provisions of this ac shall '�ie filed with the �� governing body of each contiguous municipal3ty and with the regional planning agency, if any, established to serve the area in which the municipality is located. Subd. 3. �LAT APPROVAL: FILIN� Copies of resolutions approving subdivision plats of land within a municipality, but contiguous to another municipality shal be filed with the governing body of the contiguous municipality. Copies of resolutions approving subdivision plats of land outside a � municipality but sub�ect to its subdivision regulations shall be filed with the clerk of the town in which the land is situated. � Sec. 11. �NDICIAL REVIE� Subdivision 1. rREVIEW OF ACTIO� Any person aggrieved by an ordinance, rule, regulation, 19 . .�• � . � � '1� � _ . f , ,. , decision or order of a governing body or board of ad,justments and appeals acting pursuant to this act may have such ordinance, rule, regulation, decision or order, reviewed by an appropriate remedy in the district court, sub�ect to the provisions of � this section. Subd. 2. �XHAUSTION OF REMEDIE� In actions brought under this section, a municipality may raise as a defense the fact that the complaining party has not attempted to remedy his grievance by use of procedures available to him for that purpose under ordinance or charter, or under this act. If the . court finds that such remedies have not been exhausted, it , i shall require the complaining party to pursue those remedies , unless it finds that the use of such remedies would serve no � � useful purpose under the circumstances of the case. � Subd. 3. �ECISION AND ORDER OF THE COUR� If a court t finds that the application of a zoning ordinance or a , f particular use classification or other provision of a zoning , � ordinance or amendment thereto is for any reason invalid or illegal as applied to the owner or owners of a particular parcel or parcels of property or that the use classification in a zoning ordinance or amendment thereto is invalid or ` illegal for any reason, the court may in its order of �udgment direct that the property involved be re-classified to some � n v� . other use classification but may not specify what the new use � classification is to be or by its order prevent re-classification to any but a single use under the ordinance. Sec. 12. �ENFORCEMENT AND PENALTY� Violation of any re�ulatory provision of this act is a misdemeanor. A municipality may by ordinance provide for the enforcement of ordinances �or regulations adopted under thia act and provide penalties for violation thereof. A municipality may also 20 - , : � F ^ r • • � �� .�ti .! . 1 � � � ' , enforce any provision of this act or of any ordinance adopted thereunder by mandamus, in�unction, or any other appropriate remedy in any court of competent ,jurisdiction. Sec. 13. �RESENT ORDINANCES CONTINUE� Except as otherwise provided in this act, valid ordinances and . regulations now in effect shall continue in effect until amended or repealed. Sec . 1�. �REPEA� Minnesota Statutes 1961, Sections �F12.221, Subdivision 29, �62.01 to 462.11, �F62. 18 to �62.23, � �+65.21 to �+65.25 and �71.26 to �+71. 33 are repealed. . Inconsistent special laws and general laws of special application are superseded by this act to the extent of inconsistency. Nothing in this act is to be construed to � I affect, alter or modify the provisions of Special Laws of ; 1887, Chapter 108, or Laws 1933, Chapter 93. , Sec. 15. �FFECTIVE DAT� This act is effective on ' January 1, 1g65. 21 1