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ATTACHMENT 4
<br />869
<br />462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONING.
<br />Subdivision 1. Authority for zoning. For the purpose of promoting the public
<br />health, safety, morals, and general welfare, a municipality may by ordinance regulate
<br />on the earth's surface, in the air space above the surface, and in subsurface areas, the
<br />location, height, width, bulk, type of foundation, number of stories, size of buildings
<br />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
<br />structures for trade, industry, residence, recreation, public activities, or other purposes,
<br />and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil
<br />conservation, water supply conservation, conservation of shorelands, as defined in sec-
<br />tions 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined
<br />in section 216C.06, flood control or other purposes, and may establish standards and
<br />procedures regulating such uses. No regulation may prohibit earth sheltered construc-
<br />tion as defined in section 216C.06, subdivision 2, relocated residential buildings, or
<br />manufactured homes built in conformance with sections 327.31 to 327.35 that comply
<br />with all other zoning ordinances promulgated pursuant to this section. The regulations
<br />may divide the surface, above surface, and subsurface areas of the municipality into
<br />districts or zones of suitable numbers, shape, and area. The regulations shall be uniform
<br />for each class or kind of buildings, structures, or land and for each class or kind of use
<br />throughout such district, but the regulations in one district may differ from those in
<br />other districts. The ordinance embodying these regulations shall be known as the zon-
<br />ing ordinance and shall consist of text and maps. A city may by ordinance extend the
<br />application of its zoning regulations to unincorporated territory located within two
<br />miles of its limits in any direction, but not in a county or town which has adopted zon-
<br />ing regulations; provided that where two or more noncontiguous municipalities have
<br />boundaries less than four miles apart, each is authorized to control the zoning of land
<br />on its side of a line equidistant between the two noncontiguous municipalities unless
<br />a town or county in the affected area has adopted zoning regulations. Any city may
<br />thereafter enforce such regulations in the area to the same extent as if such property
<br />were situated within its corporate limits, until the county or town board adopts a com-
<br />prehensive zoning regulation which includes the area.
<br />Subd. la. Certain zoning ordinances. A municipality must not enact, amend, or
<br />enforce a zoning ordinance that has the effect of altering the existing density, lot -size
<br />requirements, or manufactured home setback requirements in any manufactured home
<br />park constructed before January 1, 1995, if the manufactured home park, when con-
<br />structed, complied with the then existing density, lot -size and setback requirements.
<br />Subd. 2. General requirements. At any time after the adoption of a land use plan
<br />for the municipality, the planning agency, for the purpose of carrying out the policies
<br />and goals of the land use plan, may prepare a proposed zoning ordinance and submit
<br />it to the governing body with its recommendations for adoption. Subject to the require-
<br />ments of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning
<br />ordinance by a two - thirds vote of all its members. If the comprehensive municipal plan
<br />is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan.
<br />Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be
<br />adopted until a public hearing has been held thereon by the planning agency or by the
<br />governing body. A notice of the time, place and purpose of the hearing shall be pub-
<br />lished in the official newspaper of the municipality at least ten days prior to the day of
<br />the hearing. When an amendment involves changes in district boundaries affecting an
<br />area of five acres or less, a similar notice shall be mailed at least ten days before the
<br />day of the hearing to each owner of affected property and property situated wholly or
<br />partly within 350 feet of the property to which the amendment relates. For the purpose
<br />of giving mailed notice, the person responsible for mailing the notice may use any
<br />appropriate records to determine the names and addresses of owners. A copy of the
<br />notice and a list of the owne Pd @ 46 ch the notice was sent shall be
<br />attested to by the responsible g : a part of the records of the pro-
<br />ceedings. The failure to give , .u,. _ . ,,. ... ual property owners. or defects
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