By Jed Burkett

One of the most significant roles of city government is land use regulation. Through land use decisions, cities shape how the built environment looks, functions, and changes over time affecting the community for generations.

The primary regulatory tool is zoning, which establishes land use patterns by regulating how land may be used. The Municipal Planning Act, Minnesota Statutes, section 462.357, grants Minnesota cities the authority to adopt zoning regulations and sets forth procedural requirements for doing so.

The purpose of zoning

Zoning serves two related purposes, often described as negative and positive. The “negative” purpose is to minimize conflicts and unhealthy conditions by separating incompatible land uses and by regulating the spacing of buildings and structures to allow for light and open space. The “positive” purpose is to implement a comprehensive municipal plan, a city land use planning document that describes a community’s long-term vision and goals for future development.

Zoning is not an end in itself — it is a tool to carry out a shared plan and reduce land use conflicts. Like any tool, zoning requires maintenance to continue working as intended.

Understanding area and use regulations

Zoning ordinances contain two primary types of regulations: area rules and use rules. Area rules govern the size and placement of buildings and structures in the city. Common examples include yard requirements, which require buildings to be set back from property lines to preserve open space and maintain neighborhood character.

Use rules establish zoning districts that group compatible land uses, such as residential, commercial, and industrial. These districts are typically shown on a zoning map, which is incorporated into the zoning ordinance. For each zoning district, the ordinance generally identifies allowed uses in lists or tables and may include related performance standards.

Why zoning ordinances need updates

A defining characteristic of zoning ordinances is that they often need to be amended to remain effective. Community priorities and visions evolve over time, leading cities to update their comprehensive plans. When a comprehensive plan changes, zoning regulations may need to be updated to remain consistent with the plan.

Another challenge is that zoning regulations are generally comprehensive and exclusive. If a particular use is not identified as allowed in the ordinance, then it is likely prohibited. Over time, new land uses emerge that ordinance drafters may not have anticipated. If a city wishes to allow a new or evolving use, the zoning ordinance may need to be amended.

In addition, day-to-day administration of zoning regulations can reveal practical problems in implementation, ambiguities, or unintended consequences that are best addressed through ordinance amendments.

Amending the zoning ordinance

Amending a zoning ordinance requires following procedures set forth in Minnesota Statutes, section 462.357, subdivisions 2-4. The statute requires a public hearing and establishes specific city council voting thresholds that may apply, depending on the nature of the amendment.

As with any ordinance amendment, changes to the zoning ordinance must be adopted by ordinance, not by resolution. Unless a supermajority vote is required, zoning ordinance amendments must be approved by a majority vote of all council members.

Text amendments and rezonings

Zoning ordinance amendments generally fall into two categories: text amendments and rezonings. Text amendments are changes to the language of the zoning ordinance and can range widely in scope. These amendments may update lists of allowed uses, revise performance standards, or modify area rules governing building size and placement. Some cities maintain a running list of potential text amendments and periodically bring forward a package of changes as a single amendment.

Rezoning is changing the zoning district designation for specific parcels of land and ultimately requires an amendment to the zoning map. Because the zoning map is part of the zoning ordinance, any rezoning must be adopted by ordinance rather than by resolution.

Depending on the nature of the rezoning, a supermajority vote may be required. An amendment that changes a zoning district classification from residential to either commercial or industrial requires a two-thirds majority vote of all council members. All other rezonings just require a majority vote of the full council.

Keeping zoning effective over time

Administering a zoning ordinance can be complex, particularly as communities grow and change. Regular zoning maintenance can help ensure that zoning regulations remain clear, relevant, and effective. By periodically reviewing and updating zoning ordinances, cities can reduce conflicts, improve implementation, and better align regulations with community goals.

Jed Burkett is a land use loss control attorney with the League of Minnesota Cities Insurance Trust. Contact: [email protected] or (651) 281-1247.