09-20-2018 Council and Advisory Boards Joint Meeting Packet

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Hi. "Plat" means the drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 of Minnesota Statutes and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Minn. Stat. § 462.358 and Chapter 505 of Minnesota Statutes. iv. The authority to enact subdivision regulations is set forth in Minn. Stat. §§ 462.358. A municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. Regulations may vary depending upon certain classes or kinds of subdivisions. However, the regulations are to be unifonn for each class or kind of subdivision. v. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning ordinance and subdivision regulations unless the municipality adopts written fmdings based on a record from the public proceedings why the application shall not be approved. See PPL, LLC v. Chisago County Board of Commissioners 656 N.W.2d 567 (Minn. App. 2003). c. Other official controls. i. Many other types of ordinances that local governmental entities are authorized to enact regulate the use of land. ii. Examples of other non -zoning land regulation ordinances would be floodplain ordinances, shoreland ordinances, solid waste ordinances, and sanitary and building codes. Other types of regulations can apply in special circumstances, such as Wild and Scenic Rivers Act regulations, the Mississippi Headwaters Corridor Act, etc. iii. Interim Uses/Minn. Stat. §462.3597 — This statute allows a.temporary use of property that is not necessarily paunitted by the zoning ordinance. II. LIMITATIONS ON LAND USE REGULATION A. The Federal Constitution Limits the exercise of local zoning powers. 1. The equal protection clause of the constitution is essentially a direction that similarly situated persons be treated the same. In the zoning context that means that regulations must be unifoluily applied. This is what is referred to as equal protection under the law. This means: