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3.0. SR 02-27-1993 . . . CITY OF ELK RIVER CITY COUNCIL/PLANNING COMl\1ISSION WORK SESSION FEBRUARY 27,1993 LEGAL FRAMEWORK FOR PLANNING AND ZONING ISSUES PETER BECK, CITY ATTORNEY I. MAJOR LAWS A. Federal Laws 1. U. S. Constitution a. Takings b. Due Process c. Equal Protection 2. V.S. Code a. 42 V.S.C. ~ 1983 -- liability for violation of Constitutional rights b. 42 V.S.C. ~ 1988 -- attorneys' fees B. Minnesota Laws 1. Minnesota Constitution a. Freedom of religion issues 2. Minnesota Statutes Chapter 412 a. General municipal powers 3. Minnesota Statutes Chapter 462 a. Planning, zoning and subdivision authority 4. Minnesota Statutes Chapter 469 a. Economic development authority, housing and redevelopment authority, tax increment fmancing, etc. C. Local Ordinances 1. Zoning Ordinance 2. Subdivision Ordinance . . . II. BASIC LEGAL PRINCIPALS A. The city is a creature of state law 1. No reference to municipal government in federal constitution B. The city has only those powers specifically conferred upon it by the state 1. If a specific power is not granted by state law, it does not exist 2. The city cannot regulate in areas pre-empted by the state C. The city's exercise of its statutory powers must be consistent with the state and federal constitutions. (Even if the city has specific statutory authority to take an action, the action may still be in violation of a constitutional limitation and therefore invalid) 1. Takings a. A zoning ordinance which results in no reasonable use of land is a taking b. However, "reasonable use" is not the highest, best or most profitable use 2. Due Process The city must provide a fair hearing, including notice and the opportunity to be heard b. Decisions must be based upon the record before the city a. c. Decisions should be supported by contemporaneous findings or reasons for the decision d. Decisions should be made by the elected representatives, not by the public. Neighborhood opposition alone is not a sufficient basis to deny a zoning request. 3. Equal Protection a. Zoning regulations must be uniform for each class or kind of use throughout each zoning district b. Similarly situated properties must be treated alike 2. D. The city's discretion in the exercise of its powers depends on the nature of the . power being exercised 1. Police power a. The power to protect the public health, safety and general welfare b. A broad power, as to which the City has broad discretion, within constitutional limits c. The city acts under its police power in the administration and enforcement of zoning and subdivision ordinances 2. Legislative power a. The power to adopt ordinances b. The city has broad discretion in the exercise of its legislative power, subject to: 1. Constitutional limitations 2. Statutory authority c. The approval of comprehensive plans and the adoption and amendment of zoning ordinances are legislative acts . 3. Administrative/ quasi-judicial powers a. The power to make specific decisions in applying the terms of adopted ordinances b. The amount of discretion in exercising quasi-judicial powers varies, depending on the ordinance being enforced Examples: Building code/building permit issues; little discretion Conditional use permits; more discretion E. The city must keep an adequate record of its proceedings 1. Judicial review is on the local record if the record is clear, complete and the municipal proceeding was fair 2. The record should include all evidence and findings in support of the City's decision . 3. . . . m. SPECIFIC PLANNING AND ZONING ISSUES A. Planning - Minnesota Statutes Section 462.353-356 1. Authority to plan; establish a planning commission; establish a board of adjustments and appeals a. The adoption of a comprehensive plan requires a two-thirds vote of City Council following Planning Commission review 2. Authority to adopt a moratorium to protect the planning process a. "If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official control . . ." 3. The adoption of a comprehensive plan is a legislative act as to which the Council has broad discretion. a. However, this discretion is limited to the specific statutory authority granted, and subject to constitutional limits. B. Zoning - Minnesota Statutes Section 462.357 Authority to adopt, enforce and amend zoning ordinances a. Zoning ordinances must be adopted and amended by a two-thirds vote of the City Council, following Planning Commission review 2. Required to have a zoning ordinance text and a zoning map 1. 3. Zoning regulations are required to be uniform within each zoning district 4. Zoning ordinance supersedes the comprehensive plan if there is a conflict 5. The adoption and amendment of a Zoning Ordinance are legislative acts, as to which the Council has broad discretion. a. Zoning decisions will be upheld by the courts if there is a "rational basis" for the decision b. However, this discretion is limited to the specific statutory authority granted, and subject to constitutional limits 1. Zoning decisions cannot be arbitrary, capricious or unreasonable C. Rezoning - Minnesota Statutes Section 462.357 1. Authority to rezone property 4. a. Requires mailed notice to properties within 350' of the property to be rezoned and two-thirds vote of the City Council following Planning Commission review . 2. Rezoning property is amending the zoning map and therefore a legislative decision as to which the Council has broad discretion. a. However, this discretion is limited to the specific statutory authority granted, and subject to constitutional limits D. Conditional Use Permits - Minnesota Statutes Section 462.3595 1. Conditional uses are uses which are permitted, subject to specific conditions a. The conditions must be identified in the zoning ordinance 2. The Council acts in a quasi-judicial capacity when acting on conditional use permits and therefore has limited discretion to deny a. There is generally a right to the use if the conditions set forth in the ordinance are met 3. Planning Commission reviews conditional use permit requests and makes recommendation to City Council . E. Interim Uses - Minnesota Statutes Section 462.3597 1. Allows the temporary use of property until a particular date or event a. So-called "temporary conditional use" 2. Use must otherwise conform with the zoning ordinance 3. Not specifically provided for in Elk River's current Zoning Ordinance F. Variances - Minnesota Statutes Section 462.357, Subd. 6(2) 1. City may allow a variance from strict requirements of zoning ordinance a. Statute requires "undue hardship" 2. "Use" variances are prohibited 3. The Council acts in a legislative capacity when deciding on variances because of the terms of the legislation ( ordinance) are being varied a. There is very seldom a "right" to a variance 4. Requests for variances are heard first by Board of Adjustments and Appeals (Planning Commission) . 5 . G. Appeals - Minnesota Statutes !ii 462.357, Subd. (6)(1) . 1. Property owners may appeal from a decision or interpretation of the Zoning Administrator a. Appeal is heard first by Board of Adjustments and Appeals (Planning Commission) 2. Zoning Ordinance must be interpreted in favor of property owner when ambiguous H. Subdivision Approvals - Minnesota Statutes Section 462.358 1. 2. 3. 4. 5. 6. . 7. 8. . PKB:HYOs Subdivision ordinance is a separate ordinance from the zoning ordinance Platting is generally required to subdivide, with certain statutory and ordinance exceptions Subdivision statute provides authority for requiring dedication of land for parks, roads, etc. City has 120 days to act on a preliminary plat Preliminary plat approval is valid for one year Final plat approval is valid for two years Variance standard is "unusual hardship" Council acts in a quasi-judicial capacity when reviewing plats a. City must generally approve a subdivision or plat which fully complies with the requirements of the zoning and subdivision ordinances 9. Planning Commission conducts initial review of subdivisions 6.