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I MINNESOTA STATUTES 2018 462.357
<br /> 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
<br /> Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals,
<br /> and general welfare,a municipality may by ordinance regulate on the earth's surface,in the air space above
<br /> the surface,and in subsurface areas,the location,height,width,bulk,type of foundation,number of stories,
<br /> size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and
<br /> other open spaces,the density and distribution of population,the uses of buildings and structures for trade,
<br /> industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry,
<br /> residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of
<br /> shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems
<br /> as defined in section 216C.06,flood control or other purposes, and may establish standards and procedures
<br /> regulating such uses. To accomplish these purposes,official controls may include provision for purchase of
<br /> development rights by the governing body in the form of conservation easements under chapter 84C in areas
<br /> where the governing body considers preservation desirable and the transfer of development rights from those
<br /> areas to areas the governing body considers more appropriate for development.No regulation may prohibit
<br /> earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings,
<br /> or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other
<br /> zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above
<br /> surface,and subsurface areas of the municipality into districts or zones of suitable numbers,shape,and area.
<br /> The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class
<br /> or kind of use throughout such district, but the regulations in one district may differ from those in other
<br /> districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall
<br /> consist of text and maps. A city may by ordinance extend the application of its zoning regulations to
<br /> unincorporated territory located within two miles of its limits in any direction,but not in a county or town
<br /> which has adopted zoning regulations;provided that where two or more noncontiguous municipalities have
<br /> boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line
<br /> equidistant between the two noncontiguous municipalities unless a town or county in the affected area has
<br /> adopted zoning regulations.Any city may thereafter enforce such regulations in the area to the same extent
<br /> as if such property were situated within its corporate limits, until the county or town board adopts a
<br /> comprehensive zoning regulation which includes the area.
<br /> Subd. la. Certain zoning ordinances.A municipality must not enact, amend, or enforce a zoning
<br /> ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home
<br /> setback requirements in any manufactured home park constructed before January 1, 1995,if the manufactured
<br /> home park,when constructed, complied with the then existing density, lot-size and setback requirements.
<br /> Subd. lb. Conditional uses.A manufactured home park, as defined in section 327.14, subdivision 3,
<br /> is a conditional use in a zoning district that allows the construction or placement of a building used or
<br /> intended to be used by two or more families.
<br /> Subd. lc. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality
<br /> must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by
<br /> amortization which use was lawful at the time of its inception.This subdivision does not apply to adults-only
<br /> bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance.
<br /> Subd. Id. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance
<br /> providing for the prevention or abatement of nuisances, as defined in section 561.01, or eliminating a use
<br /> determined to be a public nuisance,as defined in section 617.8 1, subdivision 2,paragraph(a),clauses(i)to
<br /> (ix),without payment of compensation.
<br /> Copyright U 2018 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.
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