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CHAPTER 15 • The planning agency or commission, after conducting studies to ascertain the official controls or regulations necessary to implement the comprehensive plan, submits proposed zoning ordinances to the council. This stage is also the appropriate time for the agency to prepare a tentative official map and come up with proposed subdivision regulations, a capital improvement program, and any other necessary official controls. (These topics will be discussed in more detail in subsequent sections of this chapter.) • After new zoning ordinances or amendments to existing ones have been proposed,the planning agency or commission must hold at least one public hearing.Notice of this public hearing must be published at least 10 days prior to the hearing date in district boundaries affecting an area of five acres or less. And, notice of the hearing must be mailed to each affected property owner, and to those owners whose property is located within 350 feet of the affected property, at least 10 days before the day of the hearing. • Following the public hearing,the planning agency or commission reviews the proposed zoning ordinances or amendments in light of information received at the public hearing, and makes any appropriate and reasonable revisions. • The planning agency or commission then presents the zoning ordinances • or amendments in final draft form along with a report to the council. Minn.Stat.§462.357,subds 2 . Zoning ordinances and amendments must be adopted by a majority vote and 5 of all of the members of the council, except that changing all or part of an A.G.Op.59-A-32(Jan.25, existing classification from residential to commercial or industrial 2002). requires a two-thirds majority of all of the members of the council.The attorney general is of the opinion that municipal zoning ordinances may be adopted or amended by a majority vote of the governing body, notwithstanding any charter provisions or ordinance requirements to the contrary. • After adopting new zoning ordinances or amending existing ones,the council must publish or summarize them in the official newspaper and, in some cases, file them with the county records and law library. SLS P'ship v.City of Apple Zoning ordinances are construed by the courts according to their plain Valley,511 N.w.2d 738(Minn. meanin and in favor of the property owner. 1994). g P P t3' 15-12 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004