8.1. SR 10-15-2007Item # 8.1.
5001DS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402-3796
MAIN: 812.632.3000
FAX: 812.632.4444
MEMORANDUM
TO: City Council, City of Elk River
FROM: Peter Beck
RE: Extra Territorial Zoning Authority
DATE: October 11, 2007
PETER BECK
ATTORNEY
DIRECT DIAL: 612.632.3001
DIRECT FAX: 612.832.4001
PETER.BECK~GPMLAW.COM
I have been asked to advise the Council with respect to its authority to exercise zoning and/or
subdivision authority in the township areas surrounding the City.
Minnesota Statutes § 462.357 provides, in part, as follows:
A city may by ordinance extend the application of its zoning regulations to
unincorporated territory located within two miles of its limits in any direction, but
not in a county or town which has adopted zoning regulations...
Minnesota Statutes § 462.358, provides, in part, as follows:
A municipality made by resolution to extend the application of its subdivision
regulations to unincorporated territory located within two miles of its limits in
any direction but not in a town which has adopted subdivision regulations...
Pursuant to these statutes, the City of Elk River has the authority to extend the application of its
zoning regulations (by ordinance) and its subdivision regulations (by resolution) to
unincorporated territory within two miles of the city limits, provided that there are not currently
zoning or subdivision regulations in effect in those areas. The Planning staff is researching
whether zoning and/or subdivision regulations (either township or Sherburne County) are
currently in effect in the townships sun•ounding the City. If there are such regulations currently
in effect, the City would not have the authority under these statutes to extend its zoning or
subdivision regulations into those townships. If there are not zoning and/or subdivision
regulations currently in effect in one or more of the surrounding townships, the City could extend
the application of its zoning and/or subdivision regulations two miles into that township,
pursuant to the statutes set forth above.
Minnesota Statutes § 462.3585 provides an alternative avenue for coordinated city/township
planning and land use control. This section authorizes the establishment of a joint planning
board to exercise planning and land use control authority in unincorporated areas within two
miles of the corporate limits of a city. The statute provides that each governmental unit appoint
an equal number of members to the joint planning board. The joint planning board would then
serve as the governing body for the purposes of exercising planning and land use control
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authority within the two-mile area. The joint planning board would have all of the powers that
the city council exercises with respect to planning and land use matters within the city limits.
The statute also provides that the city staff the joint planning board and prepaze and administer
the land use controls established by the joint planning board, unless otherwise agreed to by the
governmental units. Such a joint planning board is required to be established upon the request of
the city, county or town boazd by resolution presented to the county auditor. This option is
available whether or not there are current zoning and land use controls within the two-mile area.
I will be at the Council Meeting Monday night to answer any questions you may have on this
issue. I believe that the planning staff should be able to advise the Council at that time whether
there are zoning and land use controls in effect in the townships surrounding the City.
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TO: City Council
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jeremy Barnhart, Planning Manager
Sheila Cartney, Senior Planner
October 12, 2007
Extra Territorial Zoning Authority
Staff was asked by the City Attorney to research the adjacent Towns to determine if they
have adopted Zoning regulations. The findings:
Anoka County Has County Zoning Ordinance
Burns Township Has own Zoning Ordinance
St Francis City Has own Zoning Ordinance
Wright County
Otsego City
Sherburne County
Livonia Town
Big Lake Town
Has County Zoning Ordinance
Has own Zoning Ordinance
Has County Zoning Ordinance
Uses county Zoning Ordinance
Has own Zoning Ordinance