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05-13-2003
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Item 1
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Land Use and Zoning-Legal Review <br /> Planning Commission Meeting <br /> May 13,2003 <br /> Page 6 <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. (Jan. 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 ("RLUIPA"). RLUIPA <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 RLUIPA upheld the statute. Freedom <br /> Baptist Church of Delaware County v. Township of <br /> • Middletown, 204 F.Supp.2d 857 (E.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 strictly <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 /> • <br />
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