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• 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 /> 3. 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 /> B. Zoning—Minnesota Statutes Section 462.357 <br /> 1. 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 /> 2. Required to have a zoning ordinance text and a zoning map. <br /> 3. Zoning regulations are required to be uniform within each zoning <br /> district. <br /> 4. 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 /> i. zoning decisions cannot be arbitrary, capricious or <br /> unreasonable. <br /> C. Rezoning—Minnesota Statutes Section 462.357 <br /> 1. Authority to rezone property. <br /> a. Requires two-thirds vote of the City Council following <br /> Planning Commission review. <br /> 2. 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 /> D. Conditional Use Permits—Minnesota Statutes Section 462.3595 <br /> 1. Conditional uses are uses which are permitted, subject to specific <br /> conditions designed to ensure that performance standards are met. <br /> IIa. The standards must be identified in the zoning ordinance. <br />