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C~qAI~TER i 0 <br /> <br />Minn. $la{ ~ J,62.357. subds 2 <br />and 5. <br /> <br />A.G. Oo. 5~)-A-32 (Jan. <br /> <br />SL$ P 'siito ~, Cra' oF.~.ppie <br />;-'cdley. 5i! N.W 2d 738 (,Minn <br />1994~. <br /> <br /> · The planning agency or commission, a&er conducting sm'dies to ascertain <br /> the official controls or regulations necessary to implement the <br /> compreiaensive plan. submits proposed zoning ordinances to the council. <br /> This stage is also the appropriate time for the agency to prepare a <br /> tentative o~ficiai map and come up with proposed subdivision <br /> regulations, a capital improvement program, and an,./ottmr necessary <br /> official controls. (These topics ,,viii be discussed in more derail in <br /> subsequent sections of this chapter.) <br /> <br />· After new zoning ordinances or amendments to existing ones have been <br /> proposed, the planning agency or commission must hotd at least one <br /> public hearing. Notice old, is public hearing must be published at least 10 <br /> clays prior to the hearing date in district boundaries affecting an area of <br /> five acres or less. And. notice o~'the hearing must be mailed to each <br /> affected property owner, and r.o those owners whose property, is located <br /> within 350 feet of the af'f'ected property, at least i0 days before the day of <br /> the h~aring. <br /> <br />· Following the public hearing, the planning agency or commission <br /> reviews the proposed zoning ordinances or amendments in light o~' <br /> information received at the pt~biic hearing, and makes any appropriate <br /> and reasonable revisions. <br /> <br />o The planning agency or commission then presents the zoning ordinances <br /> or amendments in final draft form along with a report to the council. <br /> <br />· Zoning ordinances and amendments must be adopted by a m~oriry vote <br /> of :~ll of'the tnembers of the council, except that changing all or pa~ oran <br /> existing classification fi'om residential to commercial or industrial <br /> requires a two-thirds majority of all of the members of the council. The <br /> attorney general is of tlae opinion that municipal zoning ordinances may <br /> be adopted or amended by a majority.' vote of tine governing body. <br /> notwithstanding any charter provisions or ordinance requirements ro the <br /> contrary. <br /> <br />· At, er adopting new zoning ordinances or amending existing ones, the <br /> council must pubiish or summarize [hem in the official newspaper and, in <br /> some cases, file them with the county records and law library. <br /> <br />Zoning ordinances are construed by the courts according to their plain <br />meaning and in favor of the property owner. <br /> <br />X'i~ts .:impter last rdx.'~sed '~/2'~C'JO:i <br /> <br />HAh4DBOOK FOR ~vIINN£SOTA Cr?IES <br /> <br />82 <br /> <br /> <br />