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001 <br /> CONNECTING & INNOVATING _ <br /> LEAGUEOF,--.m A. SINCE 1913 <br /> M' I"NNTESU1 <br /> CITIES <br /> RISK MANAGEMENT INFORMATION <br /> ZONING <br /> DECISIONS <br /> Zoning deci <br /> sions are the source of controversy and confusion in many communities. <br /> authority and the standards associated with various zoning tools is <br /> Understanding a city's zoning Y <br /> controversy and dispelling confusion. This memo discusses the nature of <br /> important m navigating Y . <br /> a cityg <br /> 's decision-makin authorit and the legal standards associated with variances, conditional <br /> Y <br /> use permits, and nonconformities. <br /> Level of Authority <br /> method of establishing land pattern by regulating the way land is used by <br /> Zoning is a m g a use landowners. A zoning ordinance, c <br /> omprised of text and a map, generally divides a city into <br /> various districts and regulating sets standards re ulatin uses in each district. A city has considerably broader <br /> authority when creating g <br /> reatin its zoning ordinance than it does when administering the same ordinance. <br /> it is important for a city to be.aware of what authority it is acting under whenever <br /> Consequently, p y <br /> making a particular zoning decision. <br /> When g <br /> ado tin or amending a zoning ordinance, a city - <br /> adopting <br /> council is exercising so-called "legislative" authority. More Information <br /> The council is advancinghealth, safety, and welfare by <br /> Learn more about zoning decisions In <br /> making rules that apply throughout the entire <br /> community. When acting legislatively, the council has Zoning Guide for Cities <br /> broad discretion and will be afforded considerable <br /> deference b any reviewing court. City councils are <br /> y <br /> ultimately accountable to the voters for legislative decisions. <br /> 'n zoning ordinance, a city council is exercising so-called <br /> In contrast, when applying an existing g y <br /> quasi-j udicial" authority.thorit . The task is to determine the facts associated with a particular request, <br /> g <br /> and then apply those facts to the legal standards contained in the zoning ordinance and relevant <br /> state law. A city co <br /> uncil has less discretion when acting quasi judicially, and a reviewing court <br /> r the city council applied rules already in place to the facts before it. In <br /> will examine whether y PP general, if the facts indicate the applicant meets the relevant legal standard, then they are likely <br /> entitled to the approval. Variances and conditional use permits are two commonplace zoning tools <br /> that are quasi-judicial in nature. <br /> a city has when making legislative versus quasi-judicial decisions is <br /> The amount of discretion y g g <br /> the planning and zoning pyramid of discretion, appended to this memo. <br /> represented by p g g <br /> This material is provided as general information and is not a substitute for legal advice. <br /> Consult your attorney for advice concerning specific situations. <br /> LEAGUE r E OF M I N E SOTA CITIES 145 tJNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651.)281-1298 <br /> 1 N S U RA N C E TRUST ST. PAUL MN 55I03-2044 TOLL FREE:(800)925-1 122 WEB:WWW.I..MC.ORG <br />