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Sample Performance <br />Standards Section <br />Wensmann Realty, <br />Inc. v. City of Eagan, <br />734 N.W.2d 623 <br />(Minn. 2007) ; <br />Mendota Golf LLP v. <br />City of Mendota <br />Heights, 708 N.W.2d <br />162 (Minn. 2006); <br />Pine County v. State, <br />Dept. of Natural <br />Resources, 280 <br />N.W.2d 625 (Minn <br />1979). <br />Minn. Stat. § <br />103F.335 <br />Minn. Stat. § <br />103F.221 <br />See Section VElc <br />Applicability for more <br />information on <br />regulatory takings. <br />Sample Parking <br />Requirements. <br />C. Performance standards <br />Performance standards are a common feature of zoning ordinances. <br />Typically, the performance standard section of the ordinance sets forth <br />regulations governing the uses within districts, such as noise, vibration, <br />smoke, property maintenance (i.e. outdoor storage), parking, fencing and <br />signage standards. Proposed uses that cannot meet the performance standards <br />are not allowed in the district. Performance standards typically are adopted to <br />apply to all districts. However, particular districts, such as industrial districts, <br />may call for specific standards. <br />D. Zoning to protect natural resources or <br />preserve open spaces and green space <br />The Minnesota Supreme Court has ruled that a municipality has legitimate <br />interests in protecting open, green and recreational space for the public <br />through comprehensive planning and zoning. City ordinances use a variety of <br />methods to promote open space and green space. A common zoning tool is <br />cluster zoning. Cluster zoning groups new homes onto part of the <br />development parcel, so that the remainder can be preserved as unbuilt open <br />space. However, it is important to note that zoning regulations (including <br />regulations mandating green or open spaces) that deny an owner all practical <br />use of their property may be considered a regulatory taking. <br />E. Parking requirements <br />Cars are ubiquitous to American life and off-street parking requirements are <br />a common feature of city zoning ordinances. Off-street parking requirements <br />may reduce congestion on city streets, thereby improving safety and <br />aesthetics. <br />Typically a city zoning ordinance will require a certain number of off-street <br />parking space for each type of use. For example, an ordinance may require a <br />landowner in a commercial district to provide four parking spaces per 1,000 <br />sq ft of useable floor space. Many zoning ordinances fmd it helpful to use a <br />table to illustrate the city's parking requirements. <br />20 LEAGUE OF MINNESOTA CITIES <br />