Laserfiche WebLink
RELEVANT LINKS: <br />Minn. Stat. § 115.55. Minn <br />R. ch. 7080. <br />Minn. Stat. § 462.362. <br />Minn. Stat. § 169.89, subd. 2. <br />Minn. Stat. §§ 609.02, subds. <br />3, 4a. <br />Minn. Stat. § 609.0332. <br />Minn. Stat. § 609.034. <br />See Handbook, Chapter 7 for <br />information on prosecution <br />responsibilities for violations <br />of local ordinances. <br />Minn. Stat. § 462.362. <br />City of Minneapolis v. F and <br />R, Inc. 300 N.W.2d 2 (Minn. <br />1980). Rockville Tp. v. Lang, <br />387 N.W.2d 200 (Minn. Ct. <br />App. 1986). <br />Hall Nursery v Chanhassen, <br />763 NW 2d 42 (Minn. Ct. <br />App. 2009). <br />Minn. Stat. §462.3595, subd. <br />3. <br />c) Contiguous lots with habitable residential dwellings <br />Two or more contiguous nonconforming shoreland lots of record in <br />shoreland areas under a common ownership must be able to be sold or <br />purchased individually if each lot contained a habitable residential dwelling <br />at the time the lots came under common ownership and the lots are suitable <br />for, or served by, a sewage treatment system consistent with the <br />requirements of section 115.55 and Minn. R. ch. 7080, or are connected to a <br />public sewer. <br />B. Violations of the zoning ordinance: criminal <br />penalties <br />Cities may provide for criminal penalties for violation of the city zoning <br />ordinance. In an ordinance, cities may designate ordinance violations as <br />misdemeanors or petty misdemeanors. Cities may impose maximum <br />penalties for misdemeanors of a $1,000 fine or 90 days in jail, or both. In <br />addition, the costs of prosecution may be added. The maximum penalty for a <br />petty misdemeanor is a fine of $300. <br />C. Violations of the zoning ordinance: civil <br />remedies <br />In many instances, criminal sanctions will not cure a zoning violation. <br />Where the city desires removal of building or use that violates the zoning <br />ordinance, civil remedies may be more effective than even repeated criminal <br />fines. A city may enforce its zoning ordinance through requesting an <br />injunction (a court order requiring someone to stop a particular activity or <br />type of conduct) or other appropriate remedy from the court. These remedies <br />can be used to compel owners to cease and desist illegal uses of their <br />property or even to tear down structures that have been built in violation of <br />the city's zoning ordinance <br />D. Violations of the zoning ordinance: conditional <br />use permit revocation <br />Where a conditional use permit has been issued, a city may have an <br />additional method of compelling compliance with city zoning ordinances. <br />Conditional use permits may be revoked if the permit holder violates the <br />conditions of the permit. For example, if the permit requires installation of <br />traffic calming measures, but the permit holder fails to do so. <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 43 <br />