2001-03-06 P & Z Agenda - Laserfiche WebLink

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an extension. Final approval must be given 60 days after the applicant has met all requirements and conditions. 7. Adoption of zoning ordinances. Zoning ordinances must be adopted or amended by at least a two-thirds vote ofa city council, under the provisions ofM. S. 9 46.357, Subd. 2. (For a five member council, this requires that four of the five council members vote in favor of the ordinances). 8. Variances. The statutory authorization for variances is very restrictive and specific. For variances to subdivision regulations, see M. S. M. S. 9 462.358, Subd. 6, which permits variances only "where an unusual hardship on the land exists". For variances to zoning regulations, see M. S. 9462.357, Subd. 6(1), which permits variances from official land use . controls only when "their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration." 9. Many cities have ordinances permitting shutting off water or electricity or natural gas for nonpayment of utility bills. However, the Cold Weather Rule, M. S. 9216B.097 provides: "No service of a residential customer shall be disconnected if the disconnectiou affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the city, the household income of the customer is less that 185 percent of the federal poverty level as documented by the customer to the city, and the customer's account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule. The city shall, between August 15 and October 15, of each year, notifY all residential customers of these provisions." 10. Public Drunkenness. An ordinance prohibiting drunkenness in public places, such as a city park, is not permitted. State law, M. S. 9 340A.902, provides that "No person may be charged with or conviction of the offense of drunkenness or public drunkenness. Nothing herein prevents the prosecution and conviction of an intoxicated person for offenses other than drunkenness or public drunkenness or does this section relieve a person from civil liability for an injury to persons or property caused by the person while intoxicated." 11. An ordinance providing that abandoned motor vehicles, more than 7 years old and meeting other conditions, can be immediately eligible for public sale is no longer authorized. The state law authorizing the sale of these older autos, (which was codified as M. S. 9 168B.05), was repealed by Laws 1995, Ch. 137,9 13). Currently, sections (E) (F) (G) and (H) are the only way under state law (M. S. Ch 168B) authorized for disposing of all abandoned motor vehicles. The League has a model ordinance pertaining to abandoned motor vehicles. 12. Wrong citation. A good example is citations to the liquor laws. M. S. 340 was repealed in 1985 and recodified as M. S. Ch. 340A, yet many city ordinances still have not been amended to reflect these changes. 4