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<br />462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
<br />MINNESOTA STATUTES 2011 462.357
<br />Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety,
<br />morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in
<br />the air space above the surface, and in subsurface areas, the location, height, width, bulk, type
<br />of foundation, number of stories, size of buildings and other structures, the percentage of lot
<br />which may be occupied, the size of yards and other open spaces, the density and distribution
<br />of population, the uses of buildings and structures for trade, industry, residence, recreation,
<br />public activities, or other purposes, and the uses of land for trade, industry, residence, recreation,
<br />agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands,
<br />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
<br />procedures regulating such uses. To accomplish these purposes, official controls may include
<br />provision for purchase of development rights by the governing body in the form of conservation
<br />easements under chapter 84C in areas where the governing body considers preservation desirable
<br />and the transfer of development rights from those areas to areas the governing body considers
<br />more appropriate for development. No regulation may prohibit earth sheltered construction as
<br />defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured
<br />homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning
<br />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,
<br />shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or
<br />land and for each class or kind of use throughout such district, but the regulations in one district
<br />may differ from those in other districts. The ordinance embodying these regulations shall be
<br />known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend
<br />the application of its zoning regulations to unincorporated territory located within two miles of
<br />its limits in any direction, but not in a county or town which has adopted zoning regulations;
<br />provided that where two or more noncontiguous municipalities have boundaries less than four
<br />miles apart, each is authorized to control the zoning of land on its side of a line equidistant
<br />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
<br />same extent as if such property were situated within its corporate limits, until the county or town
<br />board adopts a comprehensive zoning regulation which includes the area.
<br />Subd. 1 a. Certain zoning ordinances. A municipality must not enact, amend, or enforce
<br />a zoning ordinance that has the effect of altering the existing density, lot -size requirements, or
<br />manufactured home setback requirements in any manufactured home park constructed before
<br />January 1, 1995, if the manufactured home park, when constructed, complied with the then
<br />existing density, lot -size and setback requirements.
<br />Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14,
<br />subdivision 3, is a conditional use in a zoning district that allows the construction or placement of
<br />a building used or intended to be used by two or more families.
<br />Subd. 1 c. Amortization prohibited. Except as otherwise provided in this subdivision, a
<br />municipality must not enact, amend, or enforce an ordinance providing for the elimination or
<br />termination of a use by amortization which use was lawful at the time of its inception. This
<br />subdivision does not apply to adults -only bookstores, adults -only theaters, or similar adults -only
<br />businesses, as defined by ordinance.
<br />Copyright © 2011 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
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