Agenda - Planning Commission - 04/20/2015 - Joint with EPB

Home

RELEVANT LINKS: Minn. Stat. §§ 462.357, subd. 2-5. Minn. Stat. § 462.357, subd. 2. For each district, a zoning ordinance typically sets forth uses that are allowed in each district and the performance standards that must be met. The allowed uses often are set forth in lists or use tables. Allowed uses typically include permitted uses, accessory uses and conditional uses. • A permitted use is generally the principal use of the land or building, and is allowed without a public a hearing. • An accessory use is an allowed use located on the same lot, subordinate or accessory to permitted use. • A conditional use is a use that is allowed after a public hearing only if the landowner meets the general and specific standards as set forth in the zoning ordinance. The more specific and clear the standards set forth in the ordinance, the easier it will be to administer. State law mandates a procedure for the adoption or amendment of zoning ordinances. The process includes: • A public hearing must be held by the council or the planning commission (if one exists) before the city adopts or amends a zoning ordinance. • A notice of the time, place and purpose of the hearing must be published in the official newspaper of the municipality at least 10 days prior to the day of the hearing. In addition, if an amendment to a zoning ordinance involves changes in district boundaries affecting an area of five acres or less, a similar notice must be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated completely or partly within 350 feet of the property to which the amendment applies. • Zoning ordinances must be adopted by a majority vote of all of the members of the council. An important component of the zoning ordinance is the zoning ordinance map which assigns zoning districts to given parcels in the community. When the city changes the zoning district designation of a parcel from one zoning district to another, the process is termed rezoning, and must be done after a public hearing. Rezoning is an amendment to the actual zoning ordinance and the procedures for amendments to the zoning ordinance apply. State law, however, has a two-tiered voting requirement for rezoning of residential property. When property is rezoned from residential to commercial or industrial, a two-thirds majority of all members of the city council is required. For other rezoning decisions, a simple majority vote of all members is all that is required. Rezoning should be consistent with the comprehensive plan land use plan map. League of Minnesota Cities Information Memo: 3/1/2011 Planning and Zoning 101 Page 6