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Land Use and Zoning-Legal Review <br /> Planning Commission Meeting <br /> May 13,2003 <br /> Page 4 <br /> • B. Zoning Ordinances <br /> 1. Statutory Authority. <br /> a) Minn. Stat. §462.357, subd. 1 (cities). <br /> b) Minn. Stat. §394.25 (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 ordinance and the zoning map. <br /> 3. Procedure. The procedure for adopting municipal zoning ordinances <br /> is set forth in detail in Minn. Stat. §462.357, 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. §462.357, 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. §642.357, <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 />