How Do The Zoning Laws Affect You?

Zoning represents an attempt by local government, usually cities and towns, to regulate the land usage. Generally, municipalities create different requirements for land use, based upon the intensity of use. Different regulations may govern commercial property, industrial property, residential property, and mixed uses.

The law grants substantial discretion to cities and towns in establishing, implementing, and enforcing zoning requirements. Courts also accord wide discretion in making zoning-related decisions, as long as they are based upon some factual basis and are not arbitrary or capricious.

Some of the more controversial zoning matters include getting conditional use permits, which allow deviations from zoning requirements; variances, which also allow departure from more limited zoning requirements; and zoning-related regulations that impair or restrict the use of private property.

The zoning process is usually multi-layered. Initial zoning decisions usually are made by a board, often known as Planning Commissions, whose decisions are not binding upon governmental units. The next step of decision-making occurs at the City Counsel level.

Zoning-related decisions can be challenged in court, although courts are reluctant to set aside municipal decisions if the decisions appear to be rationally based upon facts that are before the decision-making body. Therefore, a party seeking to challenge a zoning-related decision should create a solid record, either in support or opposition to the decision, at the municipal levels of government in order to be able to effectively challenge the decision later in court.

In some cases, constitutional issues arise in zoning disputes. The Fifth Amendment to the U.S. Constitution, and a parallel provision under the Minnesota State Constitution, require that fair compensation be paid if zoning-related decisions unduly restrict the use of private property. In some cases, there may be First Amendment concerns that arise in zoning decisions, including issues relating to freedom of speech, assembly, and even religion.

For more information about zoning-related matters, please contact us by using this site's e-mail or calling us at (612) 339-4295.