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<br />land Use and Zoning - legal Review <br />Planning Commission Meeting <br />May 13, 2003 <br />Page 4 <br /> <br />B. Zoning Ordinances <br />1. Statutory Authority. <br />a) Minn. Stat. ~462.3S7, subd. 1 (cities). <br />b) Minn. Stat. ~394.2S (counties). <br />c) Minn. Stat. ~394.33 authorizes towns to plan and zone, <br />provided that no zoning ordinance or other official control <br />may be inconsistent with or less restrictive than the applicable <br />county controls. Town controls may, however, be more <br />restrictive than country controls. <br />2. Purpose and Scope. Minnesota law authorizes the adoption of <br />zoning ordinances for the general purpose of preserving and <br />protecting the public health, safety, morals and general welfare. <br />Zoning ordinances regulate the uses of property, the height, width <br />and size of buildings and the amount of vacant space on lots in each <br />zoning district. Zoning regulations are required to be uniform within <br />each district, but may vary across different districts. The authority to <br />adopt and amend a zoning ordinance includes the authority to adopt <br />and amend both the text of the ordinan<:e and the zoning map. <br />3. Procedure. The procedure for adopting municipal zoning ordinances <br />is set forth in detail in Minn. Stat. ~462.3S7, and is summarized <br />below. Minn. Stat. Chapter 394 sets forth similar requirements for <br />the adoption of county zoning ordinances. <br />a) Initiation. Any time after the adoption of a land use plan the <br />planning commission of municipality, for the purpose of <br />carrying out the policies and goals of the land use plan, may <br />prepare a proposed zoning ordinance and submit it to the <br />governing body with its recommendations for adoption. <br />Minn. Stat. ~462.3S7, Subd 2. Amendments to the zoning <br />ordinance may be initiated by the governing body of the <br />municipality, the planning commission, or by petition of <br />affected property owners as defined in the zoning ordinance. <br />An amendment not initiated by the planning commission <br />must be referred to the planning commission for study and <br />report, and may not be acted on by the governing body until <br />it has received the recommendation of the planning <br />commission or until 60 days have elapsed from the date of <br />reference to the planning commission. Minn. Stat. ~642.3S7, <br />subd. 4. <br />b) Hearing. After a new ordinance or amendment has been <br />proposed, the planning commission must hold at least one <br />public hearing. Notice of the time, place and purpose of the <br />hearing must be published in the official newspaper of the <br />municipality at least ten days prior to the date of the hearing. <br />When an amendment involves changes in district boundaries <br />affecting an area of five acres or less, a similar notice must be <br />