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CHAPTER 15 • <br /> Sun Oil Co.v. Village of New Rezoning is a legislative act and needs only to be reasonable and have some <br /> Hope,300 Minn.326,220 rational basis relatingto public health safe morals general welfare.A <br /> N.W.2d 256(Minn.1974). p safety, or <br /> rezoning decision must be supported by evidence that indicates it has a <br /> Honn v.City of Coon Rapids, rational basis. A citizen cannot obtain a vested right in the zoning of their <br /> 313 N.W.2d 409(Minn.1981). <br /> property. <br /> Iowa Coal Mining Co.v. Generally speaking, the courts seem to allow a rezoning after an application <br /> Monroe County,Iowa,257 F. for a permit has been made if there has been no action on the application <br /> 3rd 846(8th Cir.2001). <br /> before the rezoning occurs. Because a rezoning is not effective unless the <br /> Acorn Invs.v.City of White proper procedure is followed, care should be taken not to violate the 60-day <br /> Bear Lake,2 32769, <br /> 0-00-1241 (Minn.Ct.App. rule when rezoning a parcel of property 3after a completed application for a <br /> Jan. 16.2001). council action(conditional use permit, variance, etc)has been made. <br /> Interstate Power Co v.Nobles <br /> County,617 N.W.2d 566(Minn. <br /> 2000). <br /> Tollq(son Dev.,Inc.v City of <br /> Elk River,665 N.W.2d 554 <br /> (Mmn.Ct.App.2003). <br /> Minn.Stat.§462.357,subd.2. When property is rezoned from residential to commercial or industrial, a two- <br /> A.G.Op.59-A-32(Jan.25, thirds majority of the city council is required. For other rezoning, a simple <br /> 2002). majority is all that is required. The attorney general is of the opinion that <br /> neither a charter nor an ordinance may increase this voting requirement. <br /> C. Extra-territorial zoning powers <br /> Minn.Stat.§462.357,subs 1. A city's zoning authority may be extended to unincorporated territories <br /> A G.Op.59-A-32(Aug.18, within two miles of its boundary,unless that area falls within another city, <br /> 1995). county or township that has adopted zoning regulations. Where zoning is <br /> extended, ordinances may be enforced in the same manner and to the same <br /> extent as within the city's corporate limits. <br /> D. Zoning in floodplains, shorelands, and <br /> wetlands <br /> Some land is subject to special protection under Minnesota law. Upon finding <br /> that special protection is necessary in order to preserve certain types of land, <br /> special zoning requirements are imposed on municipalities. Floodplains, <br /> wetlands, and shorelands must be addressed separately from other types of <br /> lands. <br /> 15-14 HANDBOOK FOR MINNESOTA CMES <br /> This chapter last revised 12/15/2004 <br />