Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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Minn. Stat. § 462.351 Town of Oronoco v. City of Rochester, 293 Minn. 468, 197 N.W.2d 426 (Minn. 1972). Minn. Stat. § 462.357, subd. 1 Sample Zoning District Section Minn. Stat. § 462.357, subd. 1 I. Introduction This memo discusses the framework of municipal zoning. It provides guidance on zoning ordinance drafting, adoption, administration and enforcement. Finally, this memo introduces, in brief, other land use controls available to cities that may complement or be used separately from zoning controls. A. The purpose of zoning Zoning allows a city to control the development of land within the community — both the type of structures that are built and the uses to which the land is put. Most building in a community is done by private individuals and businesses seeking to develop property for their own private use — whether this is residential, commercial or industrial. Zoning is one important tool for guiding this private development, so that land is used in a way that promotes both the best use of the land and the prosperity, health and welfare of the city's residents. Local zoning control over other governmental entities acting or owning property within a city, such as the State of Minnesota and local school districts may be more limited depending on the circumstances. Zoning is normally accomplished by dividing the land in the city into different districts or zones and regulating the uses of land within each district. Generally, specific districts are set aside for residential, types of commercial and various industrial uses. The city can also use zoning to further agricultural and open space objectives. By creating zoning districts that separate uses, the city assures that adequate space is provided for each use and that a transition area or buffer exists between distinct and incompatible uses. Adequate separation of uses prevents congestion, minimizes fire and other health and safety hazards, and keeps residential areas free of potential commercial and industrial nuisances such as smoke, noise and light. Zoning regulations may also constrain the types and location of structures. The regulations must be the same within each district, but may vary from district to district. These regulations often control: • Building location, height, width, bulk • Type of building foundation • Number of stories, size of buildings and other structures • The percentage of lot space which may be occupied • The size of yards and other open spaces • The density and distribution of population • Soil, water supply conservation 4 LEAGUE OF MINNESOTA CITIES