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• CHAPTER 15 ----� Iii State v.Chichester,2001 WL A zoning ordinance may provide that each day the violation is permitted to 506961,C4-00-2130(Minn.Ct. exist constitutes a separate offense.Multiple citations are consistent with App.May I5,2001). public policy because it would be unjust to allow individuals to pay the fine for the original charge and finish a building project without abiding by the appropriate codes and ordinances. Itasca County v.Rodent,268 Violation of a zoning ordinance may be enjoined. N.w.2d 423(Minn.1978). 42 U.S.C.§2000ce. The Religious Land Use and Institutionalized Persons Act of 2000 provides that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person,unless the government can show the burden is in furtherance of a compelling government interest and is the least restrictive means of furthering that interest. The Act also provides that no government may impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution; that discriminates against any assembly or institution on the basis of religion or religious denomination; and that totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions,or structures within a jurisdiction. Local ordinances could be challenged under the Act, allowing religious institutions and organizations to evade requirements concerning parking restrictions, drainage requirements, setback requirements,noise limits or tree ordinances. Activities beyond worship services for religious institutions can be protected by the Act, including schools, childcare and senior centers,theaters, coffeehouses, and fitness facilities. Many cases are already making their way through the courts interpreting this Civil Liberties for Urban Act. In one case, a federal appellate court`held that a city's imposition of Believers v.City of Chicago, special use and other approval processes on the location of churches in 342 F.3d 752(7th Cir 2003). nonresidential zoning areas did not impose a"substantial burden"on religious exercise in violation of the Act, as the restrictions did not render impracticable the use of real property in the city for religious exercise,much less discourage churches from locating in the city. B. Rezoning Minn.stat.§462.357. Cities have the authority to rezone or grant changes in the zoning designation Minn.stat.§15 99. of a particular portion of property. The planning agency, commission, council,or a petition by an individual landowner may initiate a rezoning. Where rezoning is not initiated by the planning agency,the matter must be referred to the planning agency for study and report. Care should be taken so that the 60-day rule discussed below in Part VI is not violated,resulting in an automatic granting of the rezoning. HANDBOOK FOR MINNESOTA CrrlEs 15-13 This chapter last revised 12/15/2004