Zoning

FreeAdvice.com on Zoning
Minn Zoning Statute

Zoning involves municipal regulation of land use. The right to zone constrains property rights. For this reason, the validity of zoning, its constitutionality, rests upon adherence to procedural and substantive protections. Since zoning restricts property rights, it is imperative that zoning controls be imposed for proper reasons in a proper way.

• Planning. In order to prevent abuse, zoning powers should be excercized in accord with a long-term comprehensive plan. One reason to require a comprehensive plan is to prevent the zoning power from being used on a power and individual influence basis. If we allow municipal government to decide who can use individual parcels of property on a case-by-case basis, we provide municipal government with arbitrary power. Zoning is valid only if zoning control powers are made based upon sound planning reasons rather than the connections and influence of the individual property owner. By requiring comprehensive planning, the law of zoning limits arbitrariness. Requiring comprehensive planning also forces the municipality to focus on planning reasons when it makes its decision.

Planning and zoning, then, should occur on an area wide basis, not parcel by parcel. Zoning is the excercize of a municipality's legislative power. For this reason, if the municipality acts in a comprehensive way, then the courts will ordinarily not interfere with the decision making. On the other hand, if the municipality seeks to make decisions on a property by property basis, or if the municipality attempts to change its zoning decision to satisfy individual property owners, without regard to a long-term plan, sometimes called spot zoning,the courts may find the zoning improper and abusive.

In recent years, many municipalities have moved towards Planned Unit Development zoning. While planned unit development zoning is popular with planners, because it affords increased flexibility, there is increased risk that PUD decisions will be made on a case-by-case basis, as opposed to a comprehensive plan.

• Protection against confiscatory zoning. The constitution requires that property owners must be left with a reasonable use for their property. The zoning power may limit the value of a particular parcel without compensation. The mere fact that zoning prohibits a more lucrative use does not render the zoning unconstitutional, nor does it entitle the landowner to compensation.

• Variances. Zoning ordinances allow for variances to allow a safety valve in cases where a zoning restriction would otherwise leave a property owner without a reasonable use for his property. Variances are not intended to allow zoning authorities to engage in arbitrary decision making. Over-use of the variance power can destroy the common plan and lead to the claim that there is really no plan.

This is the beginning of our summary of municipal planning and zoning laws. In additional panels, we will discuss conditional use permits, judicial review of planning and zoning decisions, the power to impose moratioriums, and current issues in municipal planning.