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#16 - Retention of City Zoning Authority
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#16 - Retention of City Zoning Authority
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SF1370 REVISOR JSK S1370-1 1st Engrossment <br />Sec. 2. 2 <br /> <br /> <br /> <br />2.1 as incomplete a request not on a form of the agency if the request does not include <br />2.2 information required by the agency. A request not on a form of the agency must clearly <br />2.3 identify on the first page the specific permit, license, or other governmental approval being <br />2.4 sought. No request shall be deemed made if not in compliance with this paragraph. <br /> <br />2.5 (d) "Applicant" means a person submitting a request under this section. An applicant <br />2.6 may designate a person to act on the applicant's behalf regarding a request under this section <br />2.7 and any action taken by or notice given to the applicant's designee related to the request <br />2.8 shall be deemed taken by or given to the applicant. <br /> <br />2.9 Sec. 2. Minnesota Statutes 2022, section 15.99, subdivision 2, is amended to read: <br /> <br />2.10 Subd. 2. Deadline for response. (a) Except as otherwise provided in this section, section <br />2.11 462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any other law to <br />2.12 the contrary, an agency must approve or deny within 60 days a written request for a building <br />2.13 permit, or a written request relating to zoning, septic systems, watershed district review, <br />2.14 soil and water conservation district review, or expansion of the metropolitan urban service <br />2.15 area for a permit, license, or other governmental approval of an action. Failure of an agency <br />2.16 to deny a request within 60 days is approval of the request. If an agency denies the request, <br />2.17 it must state in writing the reasons for the denial at the time that it denies the request. <br /> <br />2.18 (b) When a vote on a resolution or properly made motion to approve a request fails for <br />2.19 any reason, the failure shall constitute a denial of the request provided that those voting <br />2.20 against the motion state on the record the reasons why they oppose the request. A denial of <br />2.21 a request because of a failure to approve a resolution or motion does not preclude an <br />2.22 immediate submission of a same or similar request. <br /> <br />2.23 (c) Except as provided in paragraph (b), if an agency, other than a multimember governing <br />2.24 body, denies the request, it must state in writing the reasons for the denial at the time that <br />2.25 it denies the request. If a multimember governing body denies a request, it must state the <br />2.26 reasons for denial on the record and provide the applicant in writing a statement of the <br />2.27 reasons for the denial. If the written statement is not adopted at the same time as the denial, <br />2.28 it must be adopted at the next meeting following the denial of the request but before the <br />2.29 expiration of the time allowed for making a decision under this section. The written statement <br />2.30 must be consistent with the reasons stated in the record at the time of the denial. The written <br />2.31 statement must be provided to the applicant upon adoption.
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