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<br />land Use and Zoning - legal Review <br />Planning Commission Meeting <br />May 13, 2003 <br />Page 6 <br /> <br />landowners. See Olsen v. City of Hopkins, 276 Minn. 163, <br />149 N.W.2d 394 (1967); Glen Paul Court Neighborhood <br />Association v. Paster, 437 N.W.2d 52 (Minn., 1989); Pilgrim <br />v. City of Winona, 256 N.W.2d 266 (Minn., 1977). Strict <br />compliance with the statutory voting requirements is also <br />required. See A.G. Op. 59a-32. Gan. 25,2002). <br />b) Statutory Limitations. Minnesota law contains a number of <br />limitations on the exercise of the zoning power, including <br />limitations with respect to manufactured housing, group <br />homes, nonconforming uses and amortization (see below), <br />and others. With respect to some uses, federal law imposes <br />limitations on local zoning ordinances. Examples include the <br />Federal Fair Housing Act and the Religious Land Use and <br />Institutionalized Persons Act of 2000 ("RLUIP A"). RLUIP A <br />provides that no government may impose or implement a <br />land use regulation in a manner that imposes a substantial <br />burden on the religious exercise of a person, unless the <br />government can show the burden is in furtherance of a <br />compelling government interest and is the least restrictive of <br />furthering that interest. The first reported case to address the <br />constitutionality of RLUIP A upheld the statute. Freedom <br />Baptist Church of Delaware County v. Township of <br />Middletown, 204 F.Supp.2d 857 (B.D. Pa 2002). <br />c) Constitutional Limitations. Zoning ordinances also may not <br />violate the State or Federal Constitutions. Constitutional <br />challenges typically involve the due process and takings <br />clauses of the Constitution. (See discussion elsewhere in this <br />manual.) <br />d) Interpretation of Zoning Ordinances. Because zoning ordinances <br />restrict landowners in the exercise of their common law right to <br />lawfully use their property, zoning ordinances are stricdy <br />construed by the courts. Where doubt exists as to the intent of <br />the enacting body, courts will interpret zoning ordinances to <br />favor the landowner and disfavor any implied restriction on his <br />property rights. Zoning ordinances are construed according to <br />the plain and ordinary meaning of their terms; in favor of the <br />property owner; and in light of the ordinances' underlying goals. <br />See Olsen v. City of Hopkins, 276 Minn. 163, 149 N.W.2d 394 <br />(1967); Frank's Nursery Sales. Inc. v. City of Roseville, 295 <br />N.W.2d 604 (Minn., 1980). Therefore, it is important that zoning <br />ordinances be clear and be adopted in strict compliance with the <br />statutory requirements. <br />