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INFORMATION #1 02-22-2005
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INFORMATION #1 02-22-2005
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<br />land Use and Zoning - legal Review <br />Planning Commission Meeting <br />May 13, 2003 <br />Page 5 <br /> <br />mailed at least ten days before the date of the hearing to each <br />owner of the affected property and all property situated <br />wholly or pardy within 350 feet of the property to which the <br />amendment relates. However, failure to give mailed notice to <br />individual property owners, or defects in the notice, will not <br />invalidate the proceedings, provided a bona fide attempt to <br />comply with the law is made. Minn. Stat. ~462.357, subd. 3. <br />c) Planning Commission Recommendation. Following the <br />public hearing before the planning commission, the <br />commission reviews the information received at the public <br />hearing and presents its recommendations to the governing <br />body. The governing body is not required to hold a public <br />hearing on the proposed zoning ordinance amendment, but is <br />not prohibited from doing so. <br />d) Voting Requirements. Minn. Stat. ~462.357, subd. 2(b), <br />adopted in 2001, provides that the governing body may adopt <br />and amend a zoning ordinance by a majority vote of all its <br />members. The adoption or amendment of any ordinance <br />which changes all or part of the existing classification of a <br />zoning district from residential to either commercial or <br />industrial requires a two-thirds majority vote of all members <br />of the governing body. The opinion of the Attorney General <br />is that the voting requirement language adopted in 2001 is <br />mandatory, and that this voting requirement may not be <br />superceded by inconsistent charter provisions or ordinance <br />requirements. A.G. Op. 59a-32. (Jan. 25,2002). <br />e) Publication. Following adoption, zoning ordinances and <br />amendments thereto, including rezonings, become effective <br />upon publication in the official newspaper of the city or <br />county. <br />4. Limitations. Although a municipality or county has broad discretion <br />in the adoption and amendment of zoning ordinances and maps, <br />there are limitations. A municipality has no inherent power to enact <br />zoning regulations. It receives its power to zone only by legislative <br />grant of that authority by the State. Therefore, the municipality must <br />stricdy comply with the procedural requirements attached to the <br />authority delegated to it by the State, and may not exceed the <br />limitations imposed upon it by its enabling legislation. Cosdey v. <br />Caromin House. Inc. 313 N.W.2d 21 (Minn., 1981); Denney v. City <br />of Duluth, 295 Minn. 22, 202 N.W.2d 892 (1972); 2600 University <br />Inn. liC v. City of Minneapolis, 556 N.W.2d 218 (Minn. App., <br />1996). <br />a) Compliance with Procedural Requirements. The courts have <br />generally required strict compliance with procedural <br />requirements, such as the requirement of notice to adjoining <br />
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