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

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RELEVANT LINKS: Minn. Stat. § 462.362. City of Minneapolis v. F and R, Inc. 300 N.W.2d 2 (Minn. 1980). Rockville Tp. v. Lang, 387 N.W.2d 200 (Minn. Ct. App. 1986). Hall Nursery v Chanhassen, 763 NW 2d 42 (Minn. Ct. App. 2009). Minn. Stat. §462.3595, subd. 3. Northpointe Plaza v. City of Rochester, 465 N.W.2d 686 (Minn. 1991). Minn. Stat. § 462.358. See LMC information memo, Subdivision Guide for Cities. C. Violations of the zoning ordinance: civil remedies In many instances, criminal sanctions will not cure a zoning violation. Where the city desires removal of a building or use that violates the zoning ordinance, civil remedies may be more effective than even repeated criminal fines. A city may enforce its zoning ordinance through requesting an injunction (a court order requiring someone to stop a particular activity or type of conduct) or other appropriate remedy from the court. These remedies can be used to compel owners to cease and desist illegal uses of their property or even to tear down structures that have been built in violation of the city's zoning ordinance D. Violations of the zoning ordinance: conditional use permit revocation Where a conditional use permit has been issued, a city may have an additional method of compelling compliance with city zoning ordinances. Conditional use permits may be revoked if the permit holder violates the conditions of the permit. For example, if the permit requires installation of traffic calming measures, but the permit holder fails to do so. However, it is important to emphasize that conditional use permits, once granted, are a property right. A city seeking to revoke a conditional use permit should provide the permit holder with due process, an opportunity to be heard and respond to allegations, prior to permit revocation. Procedures for revocation should be established in the zoning ordinance. VII. Conclusion: other land use controls available to cities It is important to emphasize that zoning is merely one of the tools available to a city to assist in creating a well-planned, even thriving community. A city may also use its subdivision ordinance, building and housing codes, nuisance ordinance, capital improvement programs and official map in conjunction with its zoning ordinance to achieve its planning goals and assure the social, economic and cultural future of the community. A. Subdivision ordinances Municipalities have the authority to regulate subdivisions of land for many reasons including but not limited to encouraging orderly development and planning for necessities such as streets, parks and open spaces. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 42