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a. Zoning ordinances (except some rezonings) are adopted <br /> IIIand amended by majority vote of the City Council, <br /> following Planning 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 approval of the City Council following Planning <br /> Commission review. <br /> b. City Council approval is by majority vote,unless a property <br /> is rezoned from residential to commercial or industrial, <br /> when a two-thirds vote is required. <br /> ID i. PUD amendments. <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. Planned Unit Developments <br /> 1. In Elk River A Zoning District <br /> a. Rezoning to PUD District requires <br /> i. Concept plan including generalized land uses, <br /> required for PUD zoning. <br /> b. CUP required for PUD approval <br /> i. Must be consistent with concept plan approved with <br /> the PUD zoning. <br /> c. PUD must be consistent with Comprehensive Plan and land <br /> use map. <br /> 2. Purposes <br /> a. Creative development <br /> b. Design flexibility <br /> • <br /> 5 <br />