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<br />MINNESOTA STATUTES 2014 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
<br />of development rights by the governing body in the form of conservation easements under chapter 84C in
<br />areas where the governing body considers preservation desirable and the transfer of development rights from
<br />those areas to areas the governing body considers more appropriate for development. No regulation may
<br />prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential
<br />buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with
<br />all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface,
<br />above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape,
<br />and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for
<br />each class or kind of use throughout such district, but the regulations in one district may differ from those
<br />in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and
<br />shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations
<br />to unincorporated territory located within two miles of its limits in any direction, but not in a county or
<br />town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities
<br />have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a
<br />line equidistant between the two noncontiguous municipalities unless a town or county in the affected area
<br />has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same
<br />extent 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 manu-
<br />factured home park, when constructed, complied with the then existing density, lot -size and setback re-
<br />quirements.
<br />Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is
<br />a conditional use in a zoning district that allows the construction or placement of a building used or intended
<br />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 -
<br />only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance.
<br />Subd. ld. 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 />Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
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