7. b) 6 PowerPoint Presentation Handouts, Planning & Zoning 1012/7/2023
Presentation to Scandia Planning
Commission 1
Planning and Zoning 101
Scandia Planning Commission
February 7, 2023
Anne Hurlburt, Interim City Administrator
Agenda:
Land Use Regulation
Legislative vs Quasi-Judicial Authority
Comprehensive Plan
Zoning Ordinance
Variances, CUPs and IUPs
Open Meeting Law
2/7/2023
Presentation to Scandia Planning
Commission 2
Planning and Zoning 101
Why Regulate Land Use?
Plans and regulations adopted and
enforced today affect the future layout
and landscape of a city for many years to
come
Minimize conflicts between incompatible
uses
Promote the public health, safety and
welfare– authority derived from State
police powers
Making vs. Applying the Law
Legislative Authority: creating ,
adopting and amending land use
plans and zoning ordinances
Elected representatives have broad
discretion to make plans and laws for the
entire community
Will be given considerable deference by
the courts
2/7/2023
Presentation to Scandia Planning
Commission 3
Making vs. Applying the Law
Quasi-Judicial Authority
Determine the facts
Apply the facts to the legal standards in
the zoning ordinance and relevant laws
If facts indicate standards are met, they
are likely entitled to the approval
Legislative
Quasi-Judicial
Administrative
Planning and Zoning
Discretion Pyramid
2/7/2023
Presentation to Scandia Planning
Commission 4
Comprehensive Plan
Vision and goals for the city’s future
Foundation for all land use regulation
and capital investments
Metropolitan Land Planning Act sets
requirements for plan content and
coordination with regional policy plans
and systems plans (wastewater, parks
& trails, transportation and airports)
Comprehensive Plan- Process
Planning Commission Public Hearing
Recommendation to Council
Adoption by City Council (2/3 vote of all
members, or 4 of 5 member Council)
Review by Metropolitan Council before
may be put into effect
Amendments follow same process
Required updates every ten years or if
needed for consistency with metro plans
2/7/2023
Presentation to Scandia Planning
Commission 5
2/7/2023
Presentation to Scandia Planning
Commission 6
Zoning Ordinance
(and other development regulations
authorized by state Law)
Scandia “UDC” combines zoning and
subdivision regulations
Other chapters include:
Mining
Shoreland & Wetland Management
Flood Plain Management
Architectural Standards
Zoning Ordinance
Planning Commission Public Hearing
Recommendation to Council
Adoption by City Council
(simple majority vote of Council, EXCEPT
2/3 vote of all members, or 4 of 5 member
Council if rezoning from residential to
commercial or industrial zone)
Publication in official newspaper
Amendments follow same process
2/7/2023
Presentation to Scandia Planning
Commission 7
Zoning Ordinance– Map
Divides city into districts of similar or
compatible uses
Districts allow uses compatible with
Comprehensive Plan
Set standards for dimensional
requirements (lot size, setbacks, etc.)
and performance standards (parking,
lighting, etc.)
2/7/2023
Presentation to Scandia Planning
Commission 8
Zoning Ordinance– Map
The map is part of the ordinance;
same process for amendments
Amendments must be compatible
with Comprehensive Plan
Quasi-Judicial Authority
Variances
Conditional Use Permits
Interim Use Permits
Similar procedures and requirements, but
different criteria
2/7/2023
Presentation to Scandia Planning
Commission 9
Procedures
Planning Commission Public Hearing
Notice published & mailed to neighboring
property owners
Fair and open assessment of issues
Opportunity for all parties to hear and
see all information and ask questions
Consideration of public comments
Findings of fact and conclusions
Recommendation to Council
Procedures
City Council Decision
Council is final decision maker
Conditions may be applied
Importance of a written record to
support all decisions
“60-day rule” requires a decision or
written extension by the city; maximum
of 120-day review period unless
applicant agrees
2/7/2023
Presentation to Scandia Planning
Commission 10
Variances
Board of Appeals function
Exceptions to the rules
Dimensions (lot sizes, setbacks, etc.)
Departure from strict enforcement when
rules applied to a particular situation
cause “practical difficulties”
Cannot allow uses not permitted by
Zoning or Comprehensive Plan
Variances
Findings should include:
Whether or not the variance is in
harmony with the purposes and intent of
the ordinance, and
Whether or not the variance is consistent
with the Comprehensive Plan
2/7/2023
Presentation to Scandia Planning
Commission 11
Variances
Three-factor test for practical
difficulties:
Use property in a reasonable manner
Does not mean there is no reasonable use
without the variance
Circumstances unique to the property not
caused by the landowner
Physical characteristics, not personal or
economic considerations alone
Maintain essential character of the locality
2/7/2023
Presentation to Scandia Planning
Commission 12
Conditional Use Permit (CUP)
Use is generally compatible, but
because of characteristics of the use
itself or issues that may be present
due to the location, is allowed by
permit only if the concerns are
addressed as set forth in the
ordinance.
Conditional Use Permit (CUP)
A particular use might be prohibited,
permitted by right, by CUP, or by IUP in
different zoning districts
CUP “runs with the land”
Reasonable conditions may be attached
supported by factual evidence in the
record
Does not expire but may be revoked for
non-compliance
2/7/2023
Presentation to Scandia Planning
Commission 13
Conditional Use Permit (CUP)
General standards that apply to all
Conditional Uses
2/7/2023
Presentation to Scandia Planning
Commission 14
Conditional Use Permit (CUP)
Use-specific standards
Many examples in UDC (153.300.030)
Applying the standards
If the standards are met, the applicant
has a right to the permit
If the ordinance standards are not
adequate… amend the standards, or do
not allow the use by CUP
Interim Use Permit (IUP)
General standards for CUPs, plus:
May also have use-specific standards
2/7/2023
Presentation to Scandia Planning
Commission 15
Interim Use Permit (IUP)
Expires on a
Particular date,
Until the occurrence of a particular
event, or
Until zoning regulations no longer allow
the use.
Open Meeting Law
Minnesota Statutes Chapter 13D
Applies to public bodies and their
committees, boards, commissions
etc.
Public has the right to attend open
meetings to observe the decision
making process
2/7/2023
Presentation to Scandia Planning
Commission 16
Open Meeting Law
Meeting occurs when a quorum is
present and discussing official
business
Beware of “serial” meetings
Notice requirements
Some meetings may be closed (rare)
Penalties for violations
2/7/2023
Presentation to Scandia Planning
Commission 17
Open Meeting Law
Planning Commission Guidelines
Site Visits
Ex Parte Communications
For more information:
League of Minnesota Cities Publications
•Zoning 101
•Zoning Decisions
Planning Commission Site Visit Guidelines
Open Meeting Law One-Pager