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05-13-2003
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Item 1
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Land Use and Zoning-Legal Review <br /> Planning Commission Meeting <br /> May 13,2003 <br /> Page 5 <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 partly 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 superceded by inconsistent charter provisions or ordinance 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 /> strictly 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. Costley 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,LLC 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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