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462.357, 2011 Minnesota Statutes Page 5 of 7 <br /> . <br /> • <br /> (c) The land use plan must provide guidelines for the timing and sequence of the adoption of <br /> official controls to ensure planned, orderly, and staged development and redevelopment consistent <br /> with the land use plan. <br /> Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be adopted until a <br /> public hearing has been held thereon by the planning agency or by the governing body. A notice <br /> of the time, place and purpose of the hearing shall be published in the official newspaper of the <br /> municipality at least ten days prior to the day of the hearing. When an amendment involves <br /> changes in district boundaries affecting an area of five acres or less, a similar notice shall be <br /> mailed at least ten days before the day of the hearing to each owner of affected property and <br /> property situated wholly or partly within 350 feet of the property to which the amendment relates. <br /> For the purpose 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 notice and a <br /> list of the owners and addresses to which the notice was sent shall be attested to by the <br /> responsible person and shall be made a part of the records of the proceedings. The failure to give <br /> mailed notice to individual property owners, or defects in the notice shall not invalidate the <br /> proceedings, provided a bona fide attempt to comply with this subdivision has been made. <br /> Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the <br /> governing body, the planning agency, or by petition of affected property owners as defined in the <br /> zoning ordinance. An amendment not initiated by the planning agency shall be referred to the <br /> planning agency, if there is one, for study and report and may not be acted upon by the governing <br /> body until it has received the recommendation of the planning agency on the proposed amendment <br /> or until 60 days have elapsed from the date of reference of the amendment without a report by the <br /> planning agency. <br /> Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision <br /> apply to the adoption or amendment of any portion of a zoning ordinance which changes all or <br /> part of the existing classification of a zoning district from residential to either commercial or <br /> industrial of a property located in a city of the first class, except a city of the first class in which a <br /> different process is provided through the operation of the city's home rule charter. In a city to <br /> which this subdivision applies, amendments to a zoning ordinance shall be made in conformance <br /> with this section but only after there shall have been filed in the office of the city clerk a written <br /> consent of the owners of two-thirds of the several descriptions of real estate situate within 100 <br /> feet of the total contiguous descriptions of real estate held by the same owner or any party <br /> purchasing any such contiguous property within one year preceding the request, and after the <br /> affirmative vote in favor thereof by a majority of the members of the governing body of any such <br /> city. The governing body of such city may, by a two-thirds vote of its members, after hearing, <br /> adopt a new zoning ordinance without such written consent whenever the planning commission or <br /> planning board of such city shall have made a survey of the whole area of the city or of an area of <br /> not less than 40 acres, within which the new ordinance or the amendments or alterations of the <br /> existing ordinance would take effect when adopted, and shall have considered whether the number <br /> of descriptions of real estate affected by such changes and alterations renders the obtaining of <br /> such written consent impractical, and such planning commission or planning board shall report in <br /> writing as to whether in its opinion the proposals of the governing body in any case are <br /> reasonably related to the overall needs of the community, to existing land use, or to a plan for <br /> https://www.revisor.mn.gov/statutes/?id=462.357 4/30/2012 <br />