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

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RELEVANT LINKS: Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604 (Minn. 1980). Lowry v. City of Mankato, 231 Minn. 108, 42 N.W.2d 553 (Minn. 1950). Village of St. Louis Park v. Casey, 218 Minn. 394, 16 N.W.2d 459 (Minn. 1944). Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604 (Minn. 1980). 1. Suggestions for drafting a readable zoning ordinance: • Use graphics, tables, maps and illustrations wherever possible. • Use a consistent numbering system or other system of organization. • Define terms, words, and phrases, preferably in a separate "definitions" section, so that there is minimal need for interpretation of the text. • Pick terms and use terms consistently. For example do not interchange the word "residence," with "house," "dwelling" and "single-family home." Instead, pick your preferred term, define the term in your definitions section and use the same term throughout the ordinance. • Avoid legalese such as "aforesaid," "hereby," and "herewith." • Avoid archaic and/or potentially offensive terms. For example using, "trailer court" instead of "manufactured home park" or "old folks home" instead of "residential living facility." • Avoid establishing too many districts and other impractical complexity. • Be careful about copying neighboring cities' zoning provisions, especially in a piece -meal manner. A zoning ordinance fitting one community may be a bad fit for another. When only portions of an ordinance are copied and utilized, terms and definitions may not remain consistent. 2. The importance of clear, unambiguous ordinance language The unfortunate consequence of unclear or ambiguous language in a zoning ordinance is public controversy and loss of efficiency. In some instances, a city may find itself in court simply on the issue of whether the city interpreted its own ambiguous ordinance correctly. In the past the courts have been asked to resolve controversies over such undefined terms in an ordinance as: • "lawn and garden center," • The words "accessory", "subordinate," "incidental," and "main," • "structure" When a court is called upon to resolve a controversy over an undefined or ambiguous word or phrase in a city ordinance, the court may not always interpret the ordinance in the manner the city would prefer. The court may, but is not required, to give deference to the city's interpretation of the ordinance. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 8