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Office of the Revisor of Statutes
<br />462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
<br />Subdivision 1.Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a
<br />municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location,
<br />height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be
<br />occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for
<br />trade, industry, residence, recreation, 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, as defined in sections 103F.201 to
<br />103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may
<br />establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for
<br />purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the
<br />governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body
<br />considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06,
<br />subdivision 14, relocated residential buildings, manufactured homes built in conformance with sections 327.31 to 327.35, or
<br />industrialized or modular buildings for residential use built in conformance with Minnesota Rules, chapter 1361, that comply with all
<br />other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface
<br />areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or
<br />kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may
<br />differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall
<br />consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located
<br />within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where
<br />two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land
<br />on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted
<br />zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated
<br />within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area.
<br />Subd. 1a.Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect
<br />of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park
<br />constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size
<br />and setback requirements.
<br />Subd. 1b.Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a
<br />zoning district that allows the construction or placement of a building used or intended to be used by two or more families.
<br />Subd. 1c.Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or
<br />enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its
<br />inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined
<br />by ordinance.
<br />Subd. 1d.Nuisance. Subdivision 1c does not prohibit a municipality from enforcing an ordinance providing for the prevention
<br />561.01, or eliminating a use determined to be a public nuisance, as defined in section
<br />or abatement of nuisances, as defined in section
<br />617.81, subdivision 2, paragraph (a), clauses (i) to (ix), without payment of compensation.
<br />Subd. 1e.Nonconformities. (a) Except as otherwise provided by law, any nonconformity, including the lawful use or
<br />occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued,
<br />including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
<br />(1) the nonconformity or occupancy is discontinued for a period of more than one year; or
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