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<br />. <br /> <br />. <br /> <br />. <br /> <br />m. SPECIFIC PLANNING AND ZONING ISSUES <br /> <br />A. Planning - Minnesota Statutes Section 462.353-356 <br /> <br />1. Authority to plan; establish a planning commission; establish a board of <br />adjustments and appeals <br /> <br />a. The adoption of a comprehensive plan requires a two-thirds vote of <br />City Council following Planning Commission review <br /> <br />2. Authority to adopt a moratorium to protect the planning process <br /> <br />a. "If a municipality is conducting studies or has authorized a study to <br />be conducted or has held or has scheduled a hearing for the <br />purpose of considering adoption or amendment of a comprehensive <br />plan or official control . . ." <br /> <br />3. The adoption of a comprehensive plan is a legislative act as to which the <br />Council has broad discretion. <br /> <br />a. However, this discretion is limited to the specific statutory <br />authority granted, and subject to constitutional limits. <br /> <br />B. Zoning - Minnesota Statutes Section 462.357 <br /> <br />Authority to adopt, enforce and amend zoning ordinances <br /> <br />a. Zoning ordinances must be adopted and amended by a two-thirds <br />vote of the City Council, following Planning Commission review <br /> <br />2. Required to have a zoning ordinance text and a zoning map <br /> <br />1. <br /> <br />3. Zoning regulations are required to be uniform within each zoning district <br />4. Zoning ordinance supersedes the comprehensive plan if there is a conflict <br /> <br />5. The adoption and amendment of a Zoning Ordinance are legislative acts, <br />as to which the Council has broad discretion. <br /> <br />a. Zoning decisions will be upheld by the courts if there is a "rational <br />basis" for the decision <br /> <br />b. However, this discretion is limited to the specific statutory <br />authority granted, and subject to constitutional limits <br /> <br />1. Zoning decisions cannot be arbitrary, capricious or <br />unreasonable <br /> <br />C. Rezoning - Minnesota Statutes Section 462.357 <br />1. Authority to rezone property <br /> <br />4. <br />