Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Woodbury Place Partners v. Woodbury, 492 N.W.2d 258 (Minn. Ct. App. 1993). Tahoe - Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 535 U.S. 302, 122 S. Ct. 1465 (2002). A.G. Op. 477b -34 (July 29, 1991). Minn. Stat. § 462.357, subd. 1c. Jake's, Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002). Minn. Stat. § 462.357, subd. 1 d. SLSP'ship v. City of Apple Valley, 511 N.W.2d 738 (Minn. 1994). Hallo Nursery v. Chanhassen, 763 NW 2d 42 (Minn. St. App. 2009). According to the Minnesota Court of Appeals, the use of an interim ordinance prohibiting or limiting use of land is generally not compensable if there is a valid purpose for the interim regulation. In evaluating whether an interim ordinance is a temporary taking in the nature of a regulatory taking, courts will look to the parcel as whole. There is no bright -line rule for regulatory takings; rather, they must be evaluated on a case -by -case basis. VI. Zoning ordinance enforcement The Municipal Planning Act authorizes cities to enforce their zoning ordinance through criminal penalties. In addition, civil remedies, such as an injunction, are available to cities to cure on -going violations. The Minnesota Attorney General has ruled that it is a general duty of a city to enforce its zoning ordinance and that a city cannot refuse to enforce zoning requirements by ignoring illegal land uses. In enforcing city ordinances, however, a city must be aware that certain landowners may have specific rights as existing non - conformities; if their non - conforming use pre -dated the city's zoning regulation. A. Legal nonconformities predating the adoption of the zoning ordinance 1. Legal nonconformities Legal nonconformities are legal uses, structures, or lots that predate current zoning regulations and thus do not comply with the current zoning ordinance. In most cases, nonconformities cannot be amortized or phased out. A municipality must not enact, amend or enforce an ordinance that eliminates a use which use was lawful at the time of its inception. Similar protections do not exist for nonconformities that were not lawful, or prohibited by state law or city ordinance, at the time of their inception. This prohibition also does not apply to adults -only bookstores, adults -only theaters or similar adults -only businesses, as defined by ordinance. Nor does it prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, or eliminating a use determined to be a public nuisance. Legal nonconformities are those uses, structures or lots that legally existed prior to the creation of the zoning district and, in recognition of the landowner's property rights, are allowed to continue even though they are now illegal_ Besides being allowed to remain in effect, legal nonconformities also escape requirements subsequently enacted, such as setback requirements. The state statute on legal nonconformities supersedes any conflicting language in a zoning ordinance. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 40