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<br /> 1 MINNESOTA STATLJTES 2010 462.357
<br /> 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
<br /> Subdivision 1.Authority for zoning. For the purpose of promoting the public health, safety,
<br /> morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in
<br /> the air space above the surface, and in subsurface areas,the location,height,width, bulk,type
<br /> of foundation, number of stories, size of buildings and other structures, the percentage of lot
<br /> which may be occupied, the size of yards and other open spaces,the density and distribution
<br /> of population, the uses of buildings and structures for trade, industry, residence, recreation,
<br /> public activities, or other purposes, and the uses of land for trade, industry,residence,recreation,
<br /> agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands,
<br /> as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems
<br /> as defined in section 216C.06, flood control or other purposes, and may establish standards and
<br /> procedures regulating such uses. To accomplish these purposes, official controls may include
<br /> provision for purchase of development rights by the governing body in the form of conservation
<br /> easements under chapter 84C in areas where the governing body considers preservation desirable
<br /> and the transfer of development rights from those areas to areas the governing body considers
<br /> more appropriate for development. No regulation may prohibit earth sheltered construction as
<br /> defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured
<br /> homes built in conformance with sections 32731 to 327.35 that comply with all other zoning
<br /> ordinances promulgated pursuant to this section. The regulations may divide the surface, above
<br /> surface, and subsurface areas of the municipality into districts or zones of suitable numbers,
<br /> shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or
<br /> land and for each class or kind of use throughout such district, but the regulations in one district
<br /> may differ from those in other districts. The ordinance embodying these regulations shall be
<br /> lrnown as the zoning ordinance and shall consist of text and maps.A city may by ordinance extend
<br /> the application of its zoning regulations to unincorporated territory located within two miles of
<br /> its limits in any direction, but not in a county or town which has adopted zoning regulations;
<br /> provided that where two or more noncontiguous municipalities have boundaries less than four
<br /> miles apart, each is authorized to control the zoning of land on its side of a line equidistant
<br /> between the two noncontiguous municipalities unless a town or county in the affected area has
<br /> adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the
<br /> same extent as if such property were situated within its corporate limits,until the county or town
<br /> board adopts a comprehensive zoning regulation which includes the area.
<br /> Subd. la. Certain zoning ordinances. A municipality must not enact, amend, or enforce
<br /> a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or
<br /> manufactured home setback requirements in any manufactured home park constructed before
<br /> January 1, 1995, if the manufactured home park, when constructed, complied with the then
<br /> existing density, lot-size and setback requirements.
<br /> Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14,
<br /> subdivision 3, is a conditional use in a zoning district that allows the construction or placement of
<br /> a building used or intended to be used by two or more families.
<br /> Subd. lc. Amortization prohibited. Except as otherwise provided in this subdivision, a
<br /> municipality must not enact, amend, or enforce an ordinance providing for the elimination or
<br /> termination of a use by amortization which use was lawful at the time of its inception. This
<br /> subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only
<br /> businesses, as defined by ordinance.
<br /> Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved.
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