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RELEVANT LINKS: <br />A.G. Op. 59 -A -32 (Jan. 25, <br />2002). <br />Pilgrim v. City of Winona, <br />256 N.W.2d 266 (Minn. <br />1977). <br />Minn. Stat. § 462.357, subd. <br />3. For information on <br />conducting hearings, see <br />LMC Information Memo, <br />Public Hearings. <br />Minn. Stat. § 462.357, subd. <br />3. <br />See LMC Information Memo <br />Newspaper Publication. <br />Cities may encounter this issue in the zoning drafting process, when <br />specifying permitted and conditional uses for a district. More commonly, the <br />issue will arise in the context of reviewing a particular zoning application. <br />For example, a city may wish to not grant a CUP for a new bank in the city, <br />because officials perceive that there are too many banks in an area or that the <br />a new bank may put long - established businesses out of business. This type <br />of economic favoritism is not permitted in zoning ordinance drafting or <br />application. <br />IV. Zoning ordinance adoption and /or <br />amendment <br />The Municipal Planning Act mandates a procedure for the adoption or <br />amendment of zoning ordinances for both statutory and charter cities. <br />A. Public hearings and adoption <br />A public hearing must be held by the council or the planning commission (if <br />one exists) before the city adopts or amends a zoning ordinance. <br />1. Notice and hearing <br />A notice of the time, place and purpose of the hearing must be published in <br />the official newspaper of the municipality at least ten days prior to the day of <br />the hearing. <br />If an amendment to a zoning ordinance involves changes in district <br />boundaries affecting an area of five acres or less, a similar notice must be <br />mailed at least ten days before the day of the hearing to each owner of <br />affected property and property situated completely or partly within 350 feet <br />of the property to which the amendment applies. However, failure to give <br />mailed notice to individual property owners, or defects in the notice shall not <br />invalidate the proceedings, provided that a genuine attempt to comply with <br />this subdivision has been made. <br />Following the public hearing, the planning commission (if one exists) must <br />review the proposed zoning ordinances and any comments from the public <br />hearing, and make any appropriate and reasonable revisions. The planning <br />commission must then present the zoning ordinance and any amendments in <br />final draft form and a report to the council. <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 20 <br />