2000 Minnesota Statutes

     462.357 Procedure for plan effectuation; zoning. 

    Subdivision 1.    Authority for zoning.  For the purpose 
 of promoting the public health, safety, morals, and general 
 welfare, a municipality may by ordinance regulate on the earth's 
 surface, in the air space above the surface, and in subsurface 
 areas, the location, height, width, bulk, type of foundation, 
 number of stories, size of buildings and other structures, the 
 percentage of lot which may be occupied, the size of yards and 
 other open spaces, the density and distribution of population, 
 the uses of buildings and structures for trade, industry, 
 residence, recreation, public activities, or other purposes, and 
 the uses of land for trade, industry, residence, recreation, 
 agriculture, forestry, soil conservation, water supply 
 conservation, conservation of shorelands, as defined in sections 
 103F.201 to 103F.221, access to direct sunlight for solar energy 
 systems as defined in section 216C.06, flood control or other 
 purposes, and may establish standards and procedures regulating 
 such uses.  To accomplish these purposes, official controls may 
 include provision for purchase of development rights by the 
 governing body in the form of conservation easements under 
 chapter 84C in areas where the governing body considers 
 preservation desirable and the transfer of development rights 
 from those areas to areas the governing body considers more 
 appropriate for development.  No regulation may prohibit earth 
 sheltered construction as defined in section 216C.06, 
 subdivision 2, relocated residential buildings, or manufactured 
 homes built in conformance with sections 327.31 to 327.35 that 
 comply with all other zoning ordinances promulgated pursuant to 
 this section.  The regulations may divide the surface, above 
 surface, and subsurface areas of the municipality into districts 
 or zones of suitable numbers, shape, and area.  The regulations 
 shall be uniform for each class or kind of buildings, 
 structures, or land and for each class or kind of use throughout 
 such district, but the regulations in one district may differ 
 from those in other districts.  The ordinance embodying these 
 regulations shall be known as the zoning ordinance and shall 
 consist of text and maps.  A city may by ordinance extend the 
 application of its zoning regulations to unincorporated 
 territory located within two miles of its limits in any 
 direction, but not in a county or town which has adopted zoning 
 regulations; provided that where two or more noncontiguous 
 municipalities have boundaries less than four miles apart, each 
 is authorized to control the zoning of land on its side of a 
 line equidistant between the two noncontiguous municipalities 
 unless a town or county in the affected area has adopted zoning 
 regulations.  Any city may thereafter enforce such regulations 
 in the area to the same extent as if such property were situated 
 within its corporate limits, until the county or town board 
 adopts a comprehensive zoning regulation which includes the area.

    Subd. 1a.    Certain zoning ordinances.  A municipality 
 must not enact, amend, or enforce a zoning ordinance that has 
 the effect of altering the existing density, lot-size 
 requirements, or manufactured home setback requirements in any 
 manufactured home park constructed before January 1, 1995, if 
 the manufactured home park, when constructed, complied with the 
 then existing density, lot-size and setback requirements. 

    Subd. 1b.    Conditional uses.  A manufactured home 
 park, as defined in section 327.14, subdivision 3, is a 
 conditional use in a zoning district that allows the 
 construction or placement of a building used or intended to be 
 used by two or more families. 

    Subd. 1c.    Amortization prohibited.  Except as 
 otherwise provided in this subdivision, a municipality must not 
 enact, amend, or enforce an ordinance providing for the 
 elimination or termination of a use by amortization which use 
 was lawful at the time of its inception.  This subdivision does 
 not apply to adults-only bookstores, adults-only theaters, or 
 similar adults-only businesses, as defined by ordinance. 

    Subd. 1d.    Nuisance.  Subdivision 1c does not prohibit 
 a municipality from enforcing an ordinance providing for the 
 prevention or abatement of nuisances, as defined in section 
 561.01, or eliminating a use determined to be a public nuisance, 
 as defined in section 617.81, subdivision 2, paragraph (a), 
 clauses (1) to (9), without payment of compensation. 

    Subd. 2.    General requirements.  At any time after the 
 adoption of a land use plan for the municipality, the planning 
 agency, for the purpose of carrying out the policies and goals 
 of the land use plan, may prepare a proposed zoning ordinance 
 and submit it to the governing body with its recommendations for 
 adoption.  Subject to the requirements of subdivisions 3, 4, and 
 5, the governing body may adopt and amend a zoning ordinance by 
 a two-thirds vote of all its members.  The plan must provide 
 guidelines for the timing and sequence of the adoption of 
 official controls to ensure planned, orderly, and staged 
 development and redevelopment consistent with the plan. 

    Subd. 3.    Public hearings.  No zoning ordinance or 
 amendment thereto shall be adopted until a public hearing has 
 been held thereon by the planning agency or by the governing 
 body.  A notice of the time, place and purpose of the hearing 
 shall be published in the official newspaper of the municipality 
 at least ten days prior to the day of the hearing.  When an 
 amendment involves changes in district boundaries affecting an 
 area of five acres or less, a similar notice shall be mailed at 
 least ten days before the day of the hearing to each owner of 
 affected property and property situated wholly or partly within 
 350 feet of the property to which the amendment relates.  For 
 the purpose of giving mailed notice, the person responsible for 
 mailing the notice may use any appropriate records to determine 
 the names and addresses of owners.  A copy of the notice and a 
 list of the owners and addresses to which the notice was sent 
 shall be attested to by the responsible person and shall be made 
 a part of the records of the proceedings.  The failure to give 
 mailed notice to individual property owners, or defects in the 
 notice shall not invalidate the proceedings, provided a bona 
 fide attempt to comply with this subdivision has been made. 

    Subd. 4.    Amendments.  An amendment to a zoning 
 ordinance may be initiated by the governing body, the planning 
 agency, or by petition of affected property owners as defined in 
 the zoning ordinance.  An amendment not initiated by the 
 planning agency shall be referred to the planning agency, if 
 there is one, for study and report and may not be acted upon by 
 the governing body until it has received the recommendation of 
 the planning agency on the proposed amendment or until 60 days 
 have elapsed from the date of reference of the amendment without 
 a report by the planning agency. 

    Subd. 5.    Amendment; certain cities of the first class. 
  The provisions of this subdivision apply to cities of the 
 first class, except a city of the first class in which a 
 different process is provided through the operation of the 
 city's home rule charter.  In a city to which this subdivision 
 applies, amendments to a zoning ordinance shall be made in 
 conformance with this section but only after there shall have 
 been filed in the office of the city clerk a written consent of 
 the owners of two-thirds of the several descriptions of real 
 estate situate within 100 feet of the total contiguous 
 descriptions of real estate held by the same owner or any party 
 purchasing any such contiguous property within one year 
 preceding the request, and after the affirmative vote in favor 
 thereof by a majority of the members of the governing body of 
 any such city.  The governing body of such city may, by a 
 two-thirds vote of its members, after hearing, adopt a new 
 zoning ordinance without such written consent whenever the 
 planning commission or planning board of such city shall have 
 made a survey of the whole area of the city or of an area of not 
 less than 40 acres, within which the new ordinance or the 
 amendments or alterations of the existing ordinance would take 
 effect when adopted, and shall have considered whether the 
 number of descriptions of real estate affected by such changes 
 and alterations renders the obtaining of such written consent 
 impractical, and such planning commission or planning board 
 shall report in writing as to whether in its opinion the 
 proposals of the governing body in any case are reasonably 
 related to the overall needs of the community, to existing land 
 use, or to a plan for future land use, and shall have conducted 
 a public hearing on such proposed ordinance, changes or 
 alterations, of which hearing published notice shall have been 
 given in a daily newspaper of general circulation at least once 
 each week for three successive weeks prior to such hearing, 
 which notice shall state the time, place and purpose of such 
 hearing, and shall have reported to the governing body of the 
 city its findings and recommendations in writing. 

    Subd. 6.    Appeals and adjustments.  Appeals to the 
 board of appeals and adjustments may be taken by any affected 
 person upon compliance with any reasonable conditions imposed by 
 the zoning ordinance.  The board of appeals and adjustments has 
 the following powers with respect to the zoning ordinance: 

    (1) To hear and decide appeals where it is alleged that 
 there is an error in any order, requirement, decision, or 
 determination made by an administrative officer in the 
 enforcement of the zoning ordinance. 

    (2) To hear requests for variances from the literal 
 provisions of the ordinance in instances where their strict 
 enforcement would cause undue hardship because of circumstances 
 unique to the individual property under consideration, and to 
 grant such variances only when it is demonstrated that such 
 actions will be in keeping with the spirit and intent of the 
 ordinance.  "Undue hardship" as used in connection with the 
 granting of a variance means the property in question cannot be 
 put to a reasonable use if used under conditions allowed by the 
 official controls, the plight of the landowner is due to 
 circumstances unique to the property not created by the 
 landowner, and the variance, if granted, will not alter the 
 essential character of the locality.  Economic considerations 
 alone shall not constitute an undue hardship if reasonable use 
 for the property exists under the terms of the ordinance.  Undue 
 hardship also includes, but is not limited to, inadequate access 
 to direct sunlight for solar energy systems.  Variances shall be 
 granted for earth sheltered construction as defined in section 
 216C.06, subdivision 2, when in harmony with the ordinance.  The 
 board of appeals and adjustments or the governing body as the 
 case may be, may not permit as a variance any use that is not 
 permitted under the ordinance for property in the zone where the 
 affected person's land is located.  The board or governing body 
 as the case may be, may permit as a variance the temporary use 
 of a one family dwelling as a two family dwelling.  The board or 
 governing body as the case may be may impose conditions in the 
 granting of variances to insure compliance and to protect 
 adjacent properties. 

    Subd. 6a.    Normal residential surroundings for 
 handicapped.  It is the policy of this state that handicapped 
 persons and children should not be excluded by municipal zoning 
 ordinances or other land use regulations from the benefits of 
 normal residential surroundings.  For purposes of subdivisions 
 6a through 9, "person" has the meaning given in section 245A.02, 
 subdivision 11. 

    Subd. 7.    Permitted single family use.  A state 
 licensed residential facility or a housing with services 
 establishment registered under chapter 144D serving six or fewer 
 persons, a licensed day care facility serving 12 or fewer 
 persons, and a group family day care facility licensed under 
 Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or 
 fewer children shall be considered a permitted single family 
 residential use of property for the purposes of zoning, except 
 that a residential facility whose primary purpose is to treat 
 juveniles who have violated criminal statutes relating to sex 
 offenses or have been adjudicated delinquent on the basis of 
 conduct in violation of criminal statutes relating to sex 
 offenses shall not be considered a permitted use. 

    Subd. 8.    Permitted multifamily use.  Except as 
 otherwise provided in subdivision 7 or in any town, municipal or 
 county zoning regulation as authorized by this subdivision, a 
 state licensed residential facility serving from 7 through 16 
 persons or a licensed day care facility serving from 13 through 
 16 persons shall be considered a permitted multifamily 
 residential use of property for purposes of zoning.  A township, 
 municipal or county zoning authority may require a conditional 
 use or special use permit in order to assure proper maintenance 
 and operation of a facility, provided that no conditions shall 
 be imposed on the facility which are more restrictive than those 
 imposed on other conditional uses or special uses of residential 
 property in the same zones, unless the additional conditions are 
 necessary to protect the health and safety of the residents of 
 the residential facility.  Nothing herein shall be construed to 
 exclude or prohibit residential or day care facilities from 
 single family zones if otherwise permitted by a local zoning 
 regulation. 

    HIST: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 
 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 
 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 
 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 
 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 
 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c 
 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 
 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1