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

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Sample Definitions Section Sample Performance Standards Section Sample Zoning District Section Sample Permitted and Conditional Uses Minn. Stat. § 462.3595 1. The administrative section The administrative section sets forth administrative procedures for implementing the zoning ordinance, including the grant or denial of requests for zoning permits and variances. The administrative section usually contains a fee schedule, an expansive definition section to help interpret and apply the ordinance, a procedure section and a penalty section. 2. The performance standards section The performance standard section sets forth regulations that are uniformly applicable to all districts, such as noise, property maintenance, parking, fencing and signage standards. 3. The zoning district section The zoning district section establishes the different types of districts, for example residential, commercial or industrial/manufacturing, and sets the regulations for each district. Districts may also be designated reflecting desired density in addition to use, such as residential-1 (usually low density single family homes), residential-2 (usually single family homes and twin homes), residential-3 (usually apartment buildings), etc. Modern zoning may also feature "mixed -use" or "hybrid" districts where traditional use categories are mixed, for example a downtown residential/commercial district. The district section is often the lengthiest section of the zoning ordinance, depending on the number of districts established in the city. This section usually also contains the following concepts for each district: a. Use designations Use Designations are text (usually in a list form) that specify the permitted, conditionally permitted and prohibited uses for a district or zone. There are several types of uses generally found in a zoning ordinance: • Permitted Uses: Uses that are allowed in a district as a matter of right without further need for review or approval of the city • Prohibited Uses: Uses that are not permitted in a district under any circumstances. An explicit listing of prohibited uses is rare. Many ordinances will simply provide that any uses not specifically listed are deemed prohibited. • Conditional Uses: Uses that are permitted, after approval of the city, if conditions listed in the ordinance are met. Some zoning ordinances use the term "special use" instead of conditional use. The Municipal Land Use Planning Act does not recognize special use permits, and the courts would likely apply the same requirements for their issuance as those for conditional uses specified above. 8 LEAGUE OF MINNESOTA CITIES