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

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RELEVANT LINKS: Sample Performance Standards Section. Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623 (Minn. 2007). Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006). Pine County v. State, Dept. of Natural Resources, 280 N.W.2d 625 (Minn. 1979). Minn. Stat. § 103F.335. Minn. Stat. § 103F.221. See Section V -F -1-c Applicability for more information on regulatory takings. Sample Parking Requirements. Generally, zoning ordinances that contain aesthetic regulations will be upheld if the council has made findings that they are reasonably tied to promoting a community's health safety and welfare in addition to mere aesthetic concerns. C. Performance standards Performance standards are a common feature of zoning ordinances. Typically, the performance standard section of the ordinance sets forth regulations governing the uses within districts, such as noise, vibration, smoke, property maintenance (i.e. outdoor storage), parking, fencing and signage standards. Proposed uses that cannot meet the performance standards are not allowed in the district. Performance standards typically are adopted to apply to all districts. However, particular districts, such as industrial districts, may call for specific standards. D. Zoning to protect natural resources or preserve open spaces and green space The Minnesota Supreme Court has ruled that a municipality has legitimate interests in protecting open, green and recreational space for the public through comprehensive planning and zoning. City ordinances use a variety of methods to promote open space and green space. A common zoning tool is cluster zoning. Cluster zoning groups new homes onto part of the development parcel, so that the remainder can be preserved as unbuilt open space. However, it is important to note that zoning regulations (including regulations mandating green or open spaces) that deny an owner all practical use of their property may be considered a regulatory taking. E. Parking requirements Cars are ubiquitous to American life and off-street parking requirements are a common feature of city zoning ordinances. Off-street parking requirements may reduce congestion on city streets, thereby improving safety and aesthetics. Typically a city zoning ordinance will require a certain number of off-street parking spaces for each type of use. For example, an ordinance may require a landowner in a commercial district to provide four parking spaces per 1,000 sq ft of useable floor space. Many cities find it helpful to use a table to illustrate the city's parking requirements in their zoning ordinances. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 16