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2. Time Frame for Plat Approval. Likewise many land use ordinances have <br /> timelines inconsistent with the law concerning plat approval. <br /> • Approval of an application for a preliminary plat must be given within 120 <br /> days unless both the city and the applicant agree to an extension. <br /> • Final approval must be given 60 days after the applicant has met all <br /> requirements and conditions. See M. S. § 462.358. <br /> • Some city attorneys believe that the 60 day rule explained in note 1 may <br /> apply to the approval of preliminary plats. <br /> Referral to county engineer or state department of transportation. M. S. § <br /> 505.03, as amended by Laws 2000, Ch. 497, requires that at least 30 <br /> days prior to taking final action on a preliminary plat, the proposed <br /> preliminary.plat must be presented to the Commissioner of Transportation <br /> for review if the plat includes or borders on a trunk highway. Within five <br /> days after receiving a preliminary plat that includes or borders on an <br /> existing or proposed county road, the city must submit it to the county <br /> engineer for review. The commissioner of transportation and the county <br /> engineer must report to the city within 30 days with any comments and <br /> recommendations they may have. Counties are required to adopt <br /> guidelines for the review by the county engineer. No preliminary plat may <br /> be approved by a city until these comments and recommendations are <br /> received and considered. This requirement does not extend the 120 day <br /> time under the planning act (or the 60 day rule, if it applies to preliminary <br /> plat approval). Within ten days after approval of the preliminary plat, notice <br /> must be sent to the commissioner or the county board explaining how the <br /> comments and recommendations have been met. <br /> 3. Adoption and amendment of zoning ordinances. Ui�til recentlya 2/3 vote-of <br /> the council was necessary to amend a zoning ordinance, under M. S. § <br /> 462.357, Subd. 2. Most zoning ordinances still contain this requirement. The <br /> legislature has recently changed this requirement by Laws, 2001, Chapter <br /> 207, to a simple majority of the council, except that the adoption or <br /> amendment of any portion of a zoning ordinance which changes all or part of <br /> the existing classification of a zoning district from residential to either <br /> commercial or industrial requires a two-thirds majority vote of all members of <br /> the city council. A council cannot by ordinance require a 2/3 vote to amend a <br /> zoning ordinance, except in the circumstances mentioned above, or to <br /> approve any application for a permit. The planning act clearly states that it <br /> provides a "uniform procedure for adequately conducting and implementing <br /> municipal planning". See M. S. 462.351'and Attorney.General Opinion 59a-32 <br /> to the city of Moorhead dated January 25, 2002. <br /> 4. Variances. Many zoning ordinances were drafted with standards for granting <br /> variances which are less restrictive than those required by law. These <br /> standards should be deleted and the law quoted. The statutory authorization <br /> for variances is very restrictive and specific. For-variances to subdivision <br /> regulations, see M. S. § 462.358, Subd. 6, which permits variances only <br /> 2 <br />