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<br />park, as defined in section 327.14, subdivision 3, is a <br />conditional use in a zoning district that allows the <br />construction or placement of a building used or intended to be <br />used by two or more families. <br /> <br />Subd. lc. Amortization prohibited. Except as <br />otherwise provided in this subdivision, a municipality must not <br />enact, amend, or enforce an ordinance providing for the <br />elimination or termination of a use by amortization which use <br />was lawful at the time of its inception. This subdivision does <br />not apply to adults-only bookstores, adults-only theaters, or <br />similar adults-only businesses, as defined by ordinance. <br /> <br />Subd. Id. Nuisance. Subdivision Ic does not prohibit <br />a municipality from enforcing an ordinance providing for the <br />prevention or abatement of nuisances, as defined in section <br />561.01, or eliminating a use determined to be a public nuisance, <br />as defined in section 617.81, subdivision 2, paragraph (a), <br />clauses (1) to (9), without payment of compensation. <br /> <br />Subd. 2. General requirements. At any time after the <br />adoption of a land use plan for the municipality, the planning <br />agency, for the purpose of carrying out the policies and goals <br />of the land use plan, may prepare a proposed zoning ordinance <br />and submit it to the governing body with its recommendations for <br />adoption. Subject to the requirements of subdivisions 3, 4, and <br />5, the governing body may adopt and amend a zoning ordinance by <br />a two-thirds vote of all its members. The plan must provide <br />guidelines for the timing and sequence of the adoption of <br />official controls to ensure planned, orderly, and staged <br />development and redevelopment consistent with the plan. <br /> <br />Subd. 3. Public hearings. No zoning ordinance or <br />amendment thereto shall be adopted until a public hearing has <br />been held thereon by the planning agency or by the governing <br />body. A notice of the time, place and purpose of the hearing <br />shall be published in the official newspaper of the municipality <br />at least ten days prior to the day of the hearing. When an <br />amendment involves changes in district boundaries affecting an <br />area of five acres or less, a similar notice shall be mailed at <br />least ten days before the day of the hearing to each owner of <br />affected property and property situated wholly or partly within <br />350 feet of the property to which the amendment relates. For <br />the purpose of giving mailed notice, the person responsible for <br />mailing the notice may use any appropriate records to determine <br />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 <br />shall be attested to by the responsible person and shall be made <br />a part of the records of the proceedings. The failure to give <br />mailed notice to individual property owners, or defects in the <br />notice shall not invalidate the proceedings, provided a bona <br />fide attempt to comply with this subdivision has been made. <br /> <br />Subd. 4. Amendments. An amendment to a zoning <br />ordinance may be initiated by the governing body, the planning <br />agency, or by petition of affected property owners as defined in <br />the zoning ordinance. An amendment not initiated by the <br />planning agency shall be referred to the planning agency, if <br />there is one, for study and report and may not be acted upon by <br />the governing body until it has received the recommendation of <br />the planning agency on the proposed amendment or until 60 days <br />have elapsed from the date of reference of the amendment without <br />a report by the planning agency. <br /> <br />Subd. 5. Amendment; certain cities of the first class. <br />The provisions of this subdivision apply to cities of the <br />first class, except a city of the first class in which a <br />