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00 <br />L- AGUE OF <br />MINNESOTA <br />CITIES <br />INFORMATION MEMO <br />Zoning Decisions <br />Zoning decisions are the source of controversy and confusion in many communities. Understanding a <br />city's zoning authority and the standards associated with various zoning tools is important in <br />navigating controversy and dispelling confusion. This memo discusses the nature of a city's decision - <br />making authority and the legal standards associated with variances, conditional use permits, and <br />nonconformities. <br />RELEVANT LINKS: <br />Learn more about zoning <br />decisions in LMC <br />information memos Zoning <br />Guide far Cities and <br />PlanningandZoning 101. <br />I. Level of authority <br />Zoning is a method of establishing a land use pattern by regulating the way <br />land is used by landowners. A zoning ordinance, comprised of text and a <br />map, generally divides a city into various districts and sets standards <br />regulating uses in each district. A city has considerably broader authority <br />when creating its zoning ordinance than it does when administering the same <br />ordinance. Consequently, it is important for a city to be aware of what <br />authority it is acting under whenever making a particular zoning decision. <br />When adopting or amending a zoning ordinance, a city council is exercising <br />so- called "legislative" authority. The council is advancing health, safety, and <br />welfare by making rules that apply throughout the entire community. When <br />acting legislatively, the council has broad discretion and will be afforded <br />considerable deference by any reviewing court. City councils are ultimately <br />accountable to the voters for legislative decisions. <br />In contrast, when applying an existing zoning ordinance, a city council is <br />exercising so- called "quasi-judicial" authority. The task is to determine the <br />facts associated with a particular request, and then apply those facts to the <br />legal standards contained in the zoning ordinance and relevant state law. A <br />city council has less discretion when acting quasi judicially, and a reviewing <br />court will examine whether the city council applied rules already in place to <br />the facts before it. In general, if the facts indicate the applicant meets the <br />relevant legal standard, then they are likely entitled to the approval. <br />Variances and conditional use permits are two commonplace zoning tools <br />that are quasi-judicial in nature. <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West vmv..lmc.org 6/1/2011 <br />Saint Paul, MN 55103 -2044 (651) 281 -1200 or (800) 925 -1122 ® 2013 All Rights Reserved <br />