Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.357. A.G. Op. 59 -A -32 (Aug. 18. 1995). Minn. Stat. § 462.3585. Dobbins v. City of Los Angeles, 195 U.S. 223, 25 S. Ct. 18, 49 L. Ed. 169. Pacific Palisades Assn. v. City of Huntington Beach, 196 Cal. 211, 237 P. 538. Charnofree Corp. v. City of Miami Beach (Fla. .), 76 So.2d 665. State ex rel. Killeen Realty Co. v. City of East Cleveland, 108 Ohio App. 99, 153.E.2d 177. Linden Methodist Episcopal Church v. City of Linden, 113 N.J.L. 188, 173 A. 593. At the request of the city council, the city must prepare a report on the economic effects from specific provisions in the feedlot ordinance. Assistance with the report, in the form of a template, is available from the commissioner of Agriculture, in cooperation with the Department of Employment and Economic Development. Upon completion, the report must be submitted to the commissioners of Employment and Economic Development and Agriculture along with the proposed ordinance. I. Extra - territorial zoning and joint planning 1. Extra - territorial zoning A city's zoning authority may be extended by ordinance to unincorporated territories within two miles of its boundaries, unless that area falls within another city, county or township that has adopted its own zoning regulations. Where zoning is extended, ordinances may be enforced in the same manner and to the same extent as within the city's corporate limits. 2. Joint planning Joint planning may also assist cities in coordinating their land use efforts with neighboring townships. State statute authorizes the creation of a joint planning board, when requested by a resolution of a city, or county or town board. The joint planning board exercises planning and land use control authority in the unincorporated area within two miles of the corporate limits of a city. Members of the board are appointed by each of the participating governmental units to equally represent the governmental units that comprise the board. J. Zoning ordinances that limit competition or protect local business from being displaced by new business A city's zoning authority is based upon its police power to protect the public's health, safety and welfare. Zoning to protect private economic interests is problematic, because it is not generally perceived to be related to the public's health and welfare. In general, the federal courts have ruled that cities should not adopt zoning regulations with the sole intent to protect enterprises from competition in a particular district or to create monopolies or to make certain areas subservient to others. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 19