[HISTORY: Adopted by the City Council of the City of Fairfax 12-18-1984 by Ord. No. 301 (Ord. No. 301 of the 1984 Code). Amendments noted where applicable.]
A City Planning Commission for the City of Fairfax is hereby established. The Commission shall be the City Planning Agency.
Such Planning Commission shall consist of five members. Three members shall be appointed by the City Council and may be removed by a four-fifths vote of the council; the City Superintendent shall be a member ex officio, and the Council shall select one member of the Commission from its own members.
Of the members of the Commission first appointed, one shall be appointed for a term of one year; one for a term of two years; and one for a term of three years. The successors shall be appointed for terms of four years. Both the original and successive appointees shall hold their offices until their successors are appointed and qualified. The term of the ex officio member shall correspond to his official tenure. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his duties, take the oath that he will faithfully discharge the duties of his office. All members shall serve without compensation.
The Commission shall elect a Chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The City Clerk-Treasurer shall act as a secretary of the Planning Commission.
The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. On or before January 1 of each year the Commission shall submit the City Council a report of its work during the preceding year.
Expenditures of the Commission shall be within amounts appropriated for the purpose by the City Council.
Upon the appointment and organization of the Commission, it shall proceed with the preparation and adoption of resolution of the program of work, outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. Such a program will include:
The Planning Commission may, by resolution, revise its program of work from time to time.
Preparation of plan. It shall be the function and duty of the Planning Commission to prepare and adopt a Comprehensive City Plan for the physical, economic and social development of the City, including, but not limited to, proposed buildings, street arrangements and improvements, public utility services, parks, playgrounds and other similar developments, the use of property, the density of population, and other matters relating to the development of the City. The Comprehensive Plan may also include a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. The plan may be prepared in sections, each of which shall relate to a major subject of the plan or to a major geographical section of the City as outlined in the Commission's program of work.
Procedure for adoption of plan. Before adopting the City Plan or any section of it or any substantial amendment thereof, the Commission shall hold at least one public hearing thereon, notice of the time, place and purpose of which shall be given by publication in the official City newspaper at least 10 days before the day of the hearing. The adoption of the City Plan or any section or amendment thereof shall be by resolution of the Commission, approved by a majority of all the members of the Commission. The Commission may from time to time amend or add to the City Plan or section thereof as herein provided for the adoption of the original plan whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary.
An attested copy of the plan or of any section, amendment or addition to the City Plan adopted by the Planning Commission shall be certified to the City Council.
Upon the adoption of the Comprehensive City Plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect such plan or section thereof in order that the same will serve as a pattern and guide for the orderly physical, economic and social development of the City and as a basis for the efficient expenditures of the funds thereof relating to the subjects of the City Plan. Such means shall consist of zoning regulations, regulations for the control of subdivision plats, an official map, coordination of the normal public improvements of the City, a long term program of capital expenditure and such other matters as will accomplish the purposes of this section.
No Zoning Ordinance or amendment thereto shall be adopted by the Council until a public hearing has been held thereon by the Council after a notice similar to that required by Minnesota Statutes.
After adoption of a major thoroughfare plan and a community facilities plan, the Planning Commission with the assistance of the City Engineer may and upon instructions by the City Council shall prepare an Official Map of the platted and unplatted portions of the City and adjoining territory, or portions thereof, indicating upon such map the land that is needed for future street purposes and as sited for other necessary public facilities and services within the City.
After such map has been prepared, it shall be submitted to the Council, which shall thereupon consider such map and may adopt it or any part of it with such amendments as it deems advisable. Before such adoption by the Council, a public hearing shall be held upon the proposal at least 10 days after a notice of the time, place and purpose thereof has been published in the official City newspaper. After such map has been adopted by the Council and filed with the register of deeds, whenever any street or highway is widened or improved or any new street is opened, or interest in land for other public purposes are acquired by the municipalities, it is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of the permit within 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.
Every proposed plat of land within the City or within two miles of the limits of the City and not within a Town which itself requires the approval of plats, shall be submitted to the City Council before being filed and no plat of land shall be filed unless and until the same shall first have been approved by the City Council.
Any person who violates this provision or who sells land or offers land for sale or contracts for the sale of land by reference to or by other use of any plat before such plat has been approved by the City Council in accordance with the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the law.
Before approving a plat, the City Council shall submit the same to the Planning Commission for its recommendations. The Planning Commission, within 60 days after any such plat has been referred to it by the City Council, shall act on the same and shall make its recommendations with respect thereto. Such recommendations may consist of:
Recommendation that the City Council approve such plat; or
Recommendation that the City Council disapprove such plat, in which case such recommendation shall include a statement of the specific reasons for such recommendation; or
Recommendation that the City Council approve such plat after specified changes or revisions are made therein, which recommendations may include the condition that a revised plat, containing such changes or revisions, be submitted to the Planning Commission, in which case such revised plat shall be so submitted to the Planning Commission for its further consideration and recommendations before action thereon by the City Council.
No change shall be made in the Comprehensive City Plan or any portion thereof or regulations governing the platting of land after such plans or regulations have been adopted by the City Council until the proposed change has been referred to the Planning Commission for report thereon and an attested copy of such report has been filed with the Council; and no ordinance or resolution establishing any such plans or regulations shall be adopted by the City Council until such ordinance or resolution has been referred to the Planning Commission for a report thereon and an attested copy of such report has been filed with the Council. Failure of the Planning Commission so to report within 40 days or such longer period as may be designated by the Council after such reference shall be deemed to be approval of the proposed change.
Submission of list to Planning Commission. Each officer, department, board or commission of or in the City whose functions include recommending, preparing plans for, or constructing public works shall, at least three months before the end of each fiscal year, submit to the Planning Commission a list of the proposed public works recommended by such officer, department, board, or commission for planning, initiation, or constructing during the ensuing fiscal year. The Planning Commission shall request from the local school district a similar list of its proposed public works. The Planning Commission shall list and classify all such proposed public works and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such program shall be recommended by the Commission to the Council and to such other officers, departments, boards, or public bodies as have jurisdiction over the recommending, planning or constructing of such public works. A copy of such recommended program of public works shall be included in the annual report of the Planning Commission provided for in § 50-6A(2).
Compliance with plan. After a Comprehensive Municipal Plan or section thereof has been recommended by the Planning Commission and a copy filed with the governing body, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality or special district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the Planning Commission has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to 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 Commission to report on the proposal within 45 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 subsection. The governing body may, by resolution adopted by two-thirds vote, dispense with the requirements of this subsection 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 Plan.