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Bo <br /> <br />Co <br /> <br />ao <br /> <br />The adoption of a comprehensive plan requires a two-thirds <br />vote of City Council following Planning Commission <br />review. <br /> <br />Authority to adopt a moratorium to protect the planning process. <br />a. "If a municipality is conducting studies or has authorized a <br /> study to be conducted or has held or has scheduled a <br /> hearing for the purpose of considering adoption or <br /> amendment of a comprehensive plan or official control ..." <br />b. cannot be adopted simply to stop a specific project. <br /> <br />° <br /> <br />The adoption of a comprehensive plan is a legislative act as to <br />which the Council has broad discretion. <br />a. However, this discretion is limited to the specific statutory <br /> authority granted, and subject to constitutional limits. <br /> <br />Zoning - Minnesota Statutes Section 462.357 <br /> <br />o <br /> <br />o <br /> <br />Authority to adopt, enforce and amend zoning ordinances <br />a. Zoning ordinances must be adopted and amended by a two- <br /> thirds vote of the City Council, following Planning <br /> Commission review. <br />Required to have a zoning ordinance text and a zoning map. <br />Zoning regulations are required to be uniform within each zoning <br />district. <br />The adoption and amendment of a Zoning Ordinance are <br />legislative acts, as to which the Council has broad discretion. <br />a. Zoning decisions will be upheld by the courts if there is a <br /> "rational basis" for the decision. <br />b. However, this discretion is limited to the specific statutory <br /> authority granted, and subject to constitutional limits. <br /> <br />zoning decisions cannot be arbitrary, capricious or <br />unreasonable. <br /> <br />Rezoning - Minnesota Statutes Section 462.357 <br /> <br />Authority to rezone property. <br />a. Requires two-thirds vote of the City Council following <br /> Planning Commission review. <br /> <br />Rezoning property is amending the zoning map and therefore a <br />legislative decision as to which the Council has broad discretion. <br />a. However, this discretion is limited to the specific statutory <br /> authority granted, and subject to constitutional limits. <br /> <br />Joint City Council/Planning Commission Orientation Page 4 <br /> <br /> <br />