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

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RELEVANT LINKS: Chase v. City of Minneapolis, 401 N.W.2d 408 (Minn. 1981). Rose Cliff Landscape Nursery v. City of Rosemount, 467 N.W.2d 641 (Minn. Ct. App. 1991). See Section III -A, establishing permitted and conditional uses. See Section V -C, standards of reviewing zoning applications: limits on city discretion. Minn. Stat. § 462.357, subd. 6. Sunrise Lake Ass 'n v. Chisago County Bd. of Comm 'rs, 633 N.W.2d 59 (Minn. Ct. App. 2001). See Section V -C -3-d, requests for variances from the zoning ordinance. As discussed above, all of these applications are subject to the 60 -Day Rule. However, this is where the similarities among the review procedures for each type of application ends. Each type of application requires a different standard of review, because state law (and likely local ordinance as well) establishes specific requirements for granting each type of application. a. Permitted uses Cities may vary in their administrative procedures for handling permitted uses. For example, some cities will have their building inspector confirm that a use is permitted and meets all applicable zoning rules at the time a building permit is issued with no other formal action from the city. Other cities, that may not enforce the State Building Code, may require all landowners seeking to develop or build to apply for a formal zoning permit. The permit is issued to confirm that that the use is permitted and/or meets all other applicable zoning standards. Regardless of the administrative procedures used, it is important to remember that a city may not impose additional conditions on a permitted use that fits the standards of the city ordinance. Such actions are likely to be seen as arbitrary or denying the landowner equal protection and due process. Generally, a landowner is entitled to engage in the permitted use provided they have met all applicable requirements. Cities should regularly review their permitted uses to be certain that the listed permitted uses fit current city needs and circumstances. Permitted uses that may have previously been standard (such as carriage houses in residential districts), may be inappropriate on a modern city, residential block. As time passes, permitted uses may need to be reclassified as prohibited uses or transformed into conditional uses, where conditions may be imposed to prevent any negative secondary effects. b. Prohibited uses Cities may receive applications requesting permission to engage in uses explicitly prohibited under the city's zoning ordinance. For example, a request to engage in industrial activities in a commercial zone. When a use is prohibited, the city cannot allow the use unless an amendment to the city's zoning ordinance is adopted in accordance with the procedures of the Municipal Planning Act. Cities are prohibited from granting variances or conditional use permits to engage in prohibited uses. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 29