4 Amend Section 20-41 1
CITYOF
690 Cig Center Drive
PO Box 147
Chanhassen, Minnesota 55317
Phone
952. 937.1900
General Fax
952.937.5739
Engineering Deparonent Fax
952.937.9152
Building Deparonent Fax
952.934.2524
Web Site
www. d. chanhassen, mn. us
TO:
Planning Commission
FROM: Bob Generous, Senior Planner
DATE:
September 18, 2001
SUB J:
Amendment to Section 20-41
The City Attorney has advised staff that the legislature has approved a law
requiring only a simple majority for the approval of amendments to zoning
ordinances and rezoning of property. Only in the case of a rezoning of property
from residential to commercial will a supermajority of city council be required.
The existing ordinance is as follows:
Section20-41. Generally.
The council may, from time to time, by a four-fifths vote of the entire
council adopt amendments to this chapter, including the zoning map.
Amendments shall not be adopted that are inconsistent with the city's
comprehensive plan unless the council expresses its intent to amend the
comprehensive plan.
The following, in a strikethrough for deletions and bold for new language is the
proposed ordinance amendment:
Thc council may, from timc to time, by a four fifths votc of the entire council
adopt amcndmcnts to this chapter, including the zoning map. The council may,
from time to time, by a majority vote of all members of city council adopt
amendments to this chapter, including the zoning map. Amendments which
change all or part of the existing classification of a zoning district from
residential to either commercial or industrial require a two-thirds (2/3)
majority vote of all members of the city council. Amendments shall not be
adopted that are inconsistent with the city's comprehensive plan unless the
council expresses its intent to amend the comprehensive plan. -
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the
ordinance amendment shown in Attachment #1.
ATTACHMENT 1. Ordinance Amending Section 20-41
2. Letter from Roger n. Knutson to Robert Generous dated 9/7/01
3. Minnesota Sessions Laws - 2001, Chapter 207
iT he Ci~. qf Chanbassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautiflul parks. A ~reat place to live, work, and play.
CITY OF CHANHASSEN
CARVER AND HE--PIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING
SECTION 20-41 OF THE CHANHASSEN CITY CODE
CONCERNING AMENDMENTS TO THE CITY'S ZONING'
ORDINANCE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 20-41 of the Chanhassen City Code is amended to read as
follows'
SECTION 20-41. Generally.
The council may, from time to time, by a four fifths vote of the entfl'e council adopt
amendments to this chapter, including the zoning map. The council may, from time
to time, by a majority vote of all members of the city council adopt amendments to
this chapter, including the zoning map. Amendments which change all or part of the
existing classification of a zoning district from residential to either conm~ercial or
industrial require a two-thirds (2/3) lnajority vote of all members of the city council.
Amendments shall not be adopted that are inconsistent with the city' s comprehensive
plan unless the council express its intent to amend the comprehensive plan.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
Council of the City of Chanhassen.
day of
,2001, by the City
ATTEST:
Todd Gerhardt, City Manager
Linda C. Jansen, Mayor
(Published in the Chanhassen Villager on
,2oo~).
94747
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Pochler
Matthew K. Brokl*
*A/so h'cemed in ~5scmrsin
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
Direct Dial: (651) 234-6215
E-mail Address: rknutson~_~ck-law, eom
September 7, 2001
John F. Kelly
Matthew J. Fall
Soren M. Mattick
Marguerite M. McCarron
Gina M. Brandt
Mr. Robert Generous
City of Chanhassen
690 City Center Drive, Box 147
Chanhassen, MN 55317
RECEIVED
SEP 1 0 ; 001
RE: ZONING ORDINANCE AMENDMENTS
CITY OF CHANHASSEN
Dear Bob:
Chapter 207 of Minnesota Session Laws 2001 changed the requirement for
amending a zoning ordinance. The new law amends Minn. Stat. § 462.357, subd. 2(b)
to provide:
(b) Subject to the requirements of subdivisions 3, 4, and 5, the governing
body may adopt and amend a zoning ordinance by a n~;~o;-itv ;,,.~a~ o~ at/ i~.~ membem'.
?~,n"/ at llw e_vi.s'dng cl~.~'.W/k'~lic,~ at ct .ro/d,g ~li.s'wk.'t ti'om ;'c.s'ide~ticd !o either
~',)mmcrc'ird ~,' indtt.vn'ia/ rcq~drc.s' r.~ ~vo-&irds mrdr,'il~' vote of all ig members o/' &e
The effective date of the change was May 30, 2001.
In my opinion the change in voting requirements is mandatory. The legislature
has pre-empted or occupied the field and the City does not have the discretion to be
more or less restrictive. The Attorney General issued two opinions on the prior law
requiring a two-thirds vote for approval. One opinion concluded that Bloomington
could not require a unanimous Vote. The opinion states:
"The general law under which this ordinance was enacted requires only a two-thirds
vote of all the members of the council to alter the regulations or plan. The council has no
authority to raise a greater restriction than that imposed by the general law under which
the ordinance was enacted."
An October 13, 1955 opinion to the City of South St. Paul reaches a similar
conclusion. In this opinion the Attorney General concluded that a "simple majority"
requirement in the city charter could not take precedence over the two-thirds statutory
requirement. The opinion states:
Suite 317 * Eagandale Office Center * 1380 Corporate Center Curve * Eagan, MN 55121
Mr. Robert Generous
September 7, 2001
Page 2
"M.S. 462. Ol provides a uniform procedure governing adoption of zoning ordinances
and amendments, and is applicable to all cities..."
The opinion goes on to conclude that the charter provision for a simple majority is
"illegal," relying on the following rationale:
"To paraphrase the language or the Court in Mitchell v. City of St. Paul, 228 Minn.
64, 71, 36 N. t4,'.2d 132, the statute evinces a legislative intention to regard the matter of
the adoption of zoning ordinances and amendments thereof, as one of statewide
importance and to occupy the entire field by a state regulation to the exclusion of those
locate in character."
The proposed amendment to the City's zoning ordinance is a housekeeping
matter to keep the City's zoning ordinance consistent .with state law.
RNK:srn
Regards,
Minnesota Session Laws 2001, Chapter 207 Page 1 of 6
Minnesota Session Laws
Minnesota Session Laws - 2001
Key: languagc to bc dclcted...new language Change language enhancement display.
Legislative history and Authors
CHAPTER 207-H.F.No; 1310
An act relating to construction; giving the state
building official final authority for interpreting the
State Building Code and prescribing its enforcement;
regulating construction-related fees; requiring
municipalities to submit annual reports on
construction-related fees; providing for adoption of
certain amendments to the mechanical code; limiting
certain municipal building code ordinances; clarifying
certain terms; modifying provisions relating to
construction warranties; limiting certain waivers of
rights; modifying provisions relating to zoning
ordinances; amending Minnesota Statutes 2000, sections
16B.61, subdivisions 1, 2; 16B.62, subdivision 1;
16B.63, by adding a subdivision; 326.90, subdivision
1; 327A.01, subdivision 2; 327A.02, subdivisions 1, 3;
462.353, subdivision 4; 462.357, subdivisions 2, 5;
proposing coding for new law in Minnesota Statutes,.
chapters 16B; 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 16B.61,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION OF CODE.] Subject to sections
16B.59 to 16B.75, the commissioner shall by rule establish a
code of standards for the construction, reconstruction,
alteration, and repair of buildings, governing matters of
structural materials, design and construction, fire protection,
health, sanitation, and safety, including design and
construction standards regarding heat loss control,
illumination, and climate control. The code must conform
insofar as practicable to model building codes generally
accepted and in use throughout the United States, including a
code for building conservation. In the preparation of the code,
consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary
modifications and statewide specialty codes may be adopted by
reference. The code must be based on the application of
scientific principles, approved tests, and professional
judgment. To the extent possible, the code must be adopted in
terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of
specifications of particular methods or materials. To that end
the code must encourage the use of new methods a~d new
materials. Except as otherwise provided in sections 16B.59 to
16B.75, the commissioner shall administer and enforce the
provisions of those sections.
The commissioner shall develoD rules addressinq the plan
review fee assessed to similar buildinqs without siqnificant
modifications includinQ Drovisions for use of buildinq systems
as sDecified in the industrial/modular uroGram sDecified in
section 16B.75. Additional plan review fees associated with
similar plans must be based on costs commensurate with the
direct and indirect costs of the service.
Sec. 2. Minnesota Statutes 2000, section 16B.61,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT BY CERTAIN BODIES.] Under the
direction and supervision of the commissioner, the provisions of
the code relating to electrical installations shall be enforced
by the state board of electricity, pursuant to the Minnesota
Electrical Act, the provisions relating to plumbing shall be
enforced by the commissioner of health, the provisions relating
to high pressure steam piping and appurtenances shall be
enforced by the department of labor and industry. Fees for
inspections conducted by the state board of electricity shall be
paid in accordance with the rules of the state board of
electricity. Under direction of the commissioner of public
safety, the state fire marshal shall enforce the Minnesota
Uniform Fire Code as provided in chapter 299F. The
commissioner, in consultation with the commissioner of labor and
industry, shall adopt amendments to the mechanical code portion
of the State Building Code to imDlement standards for process
DiDing.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2000, section 16B.62,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPAL ENFORCEMENT.] The State Building
Code applies statewide and supersedes the building code of any
municipality. A municiDality must not by ordinance or through
develoDment a~reement require buildin~ code provisions
requlatin~ components or systems of any residential structure
that are different from any Drovision of the State Building
Code. A municiDality may, with the aDDroval of the state
buildinq official, adoDt an ordinance that is more restrictive
than the State BuildinQ Code where geological conditions warrant
a more restrictive ordinance. A municipality may aDDeal the
disaDDroval of a more restrictive ordinance to the
commissioner. An aDDeal under this subdivision is subject to
the schedule, fee, procedures, cost provisions, and aDDeal
riQhts set out in section 16B.67. The State Building Code does
not apply to agricultural buildings except with respect to state
inspections required or rulemaking authorized by sections
103F.141, 216C.19, subdivision 8, and 326.244. Ail
municipalities shall adopt and enforce the State Building Code
with respect to new construction within their respective
jurisdictions.
If a city has adopted or is enforcing the State Building
Code on June 3, 1977, or determines by ordinance after that date
to undertake enforcement, it shall enforce the code within the
city. A city may by ordinance extend the enforcement of the
code to contiguous unincorporated territory not more than two
miles distant from its corporate limits in any direction. Where
two or more noncontiguous cities which have elected to enforce
the code have boundaries less than four miles apart, each is
authorized to enforce the code on its side of a line equidistant
between them. Once enforcement authority is extended
extraterritorially by ordinance, the authority may continue to
be exercised in the designated territory even though another
city less than four miles distant later elects to enforce the
code. After the extension, the city may enforce the code in the
designated area to the same extent as if the property were
situated within its corporate limits.
A city which, on June 3, 1977, had not adopted the code may
Minnesota Session Laws 2001, Chapter 207 Page 3 of 6
not commence enforcement of the code within or outside of its
jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each
town in which it intends to enforce the code. A public hearing
on the proposed enforcement must be held not less than 30 days
after the notice has been provided. Enforcement of the code by
the city outside of its jurisdiction commences on the first day
of January in the year following the notice and hearing.
Municipalities may provide for the issuance of permits,
inspection, and enforcement within their jurisdictions by means
which are convenient, and lawful, including by means of
contracts with other municipalities pursuant to section 471.59,
and with qualified individuals. The other municipalities or
qualified individuals may be reimbursed by retention or
remission of some or all of the building permit fee collected or
by other means. In areas of the state where inspection and
enforcement is unavailable from qualified employees of
municipalities, the commissioner shall train and designate
individuals available to carry out inspection and enforcement on
a fee basis. Nothinq in this section prohibits a municipality
from adoDtinq ordinances relatinq to zoninq, subdivision, or
Dlanninq unless the ordinance conflicts with a Drovision of the
State Buildinq Code that requlates comDonents or systems of any
residential structure.
Sec. 4. Minnesota Statutes 2000, section 16B.63, is
amended by adding a subdivision to read:
Subd. 5. [INTERPRETATIVE AUTHORITY.] To achieve uniform
and consistent aDDlication of the State Buildinq Code, the state
buildinq official has final interpretative authority aDDlicable
to all codes adopted as Dart of the State Buildinq Code exceDt
for the Dlumbinq code and the electrical code when enforced by
the state board of electricity. A final interDretative
committee composed of seven members, consistinq of three
buildinq officials, two inspectors from the affected field, and
two construction industry reDresentatives, shall review rec~ests
for final interpretations relatinq to that field. A rec~est for
final interDretation must come from a local or state level
buildinq code board of aDDeals. The state buildinq official
must establish Drocedures for membershiD of the interDretative
committees. The aDDroDriate committee shall review the recruest
and make a recommendation to the state buildinq official for the
final interpretation within 30 days of the request. The state
buildinq official must issue an interpretation within ten
business days from the recommendation from the review
committee. A final interDretation may be aDDealed within 30
days of its issuance to the commissioner under section 16B.67.
The final interDretation must be published within ten business
days of its issuance and made available to the Dublic.
MuniciDal buildinq officials shall administer all final
interpretations issued by the state buildinq official until the
final interDretations are considered for adoDtion as Dart of the
State Buildinq Code.
Sec. 5. [16B.665] [PERMIT FEE LIMITATION ON MINOR
RESIDENTIAL IMPROVEMENTS.]
A municiDality as defined in section 16B.60, subdivision 3,
or a town may not charqe a permit fee that exceeds $15 or 5
Dercent of the cost of the imDrovement, installation, or
reDlacement, whichever is qreater, for the imDrovement,
installation, or reDlacement of a residential fixture or
aDDliance that:
(1) does not rec~ire modification to electric or qas
service;
(2) has a total cost of $500 or less, excludinq the cost of
the fixture or aDDliance; and
M~nnesota ~ess~on Laws ZUUI, Chapter 207 Page 4 Of 6
(3) is improved, installed, or replaced by the home owner
or a licensed contractor.
Sec. 6. [16B.685] [ANNUAL REPORT.]
Beqinninq with the first report filed bM April 1, 2003,
each municipality shall annually report bv April 1 to the
department, in a format prescribed bv the department, all
construction and development-related fees collected by the
municipality from developers, builders, and subcontractors. The
report must include:
(1) the number and valuation of units for which fees were
paid;
(2) the amount of buildinq permit fees, plan review fees,
administrative fees, enGineerinq fees, infrastructure fees, and
other construction and development-related fees; and
(3) the expenses associated with the municipal activities
for which fees were collected.
Sec. 7. Minnesota Statutes 2000, section 326.90,
subdivision 1, is amended to read:
Subdivision 1. [LOCAL LICENSE PROHIBITED.] Except as
provided in sections 326.991 and 326.90, subdivision 2, and
326.991, a political subdivision may not require a person
licensed under sections 326.83 to 326.991 to also be licensed or
Day a registration or other fee related to licensure under any
ordinance, law, rule, or regulation of the political
subdivision. This section does not prohibit charges for
building permits or other charges not directly related to
licensure. '
Sec. 8. Minnesota Statutes 2000, section 327A.01,
subdivision 2, is amended to read:
Subd. 2. [BUILDING STANDARDS.] "Building standards" means
the ctructural, mcchanical, clcctrical, and quality standard~ of
thc home building inductry for thc geographic area in wkich thc
dwelling is cituatcd State Building Code, adopted by the
commissioner of administration pursuant to sections 16B.59 to
16B.75, that is in effect at the time of the construction or
remodelinq.
Sec. 9. Minnesota Statutes 2000, section 327A.02,
subdivision 1, is amended to read:
Subdivision 1. [WARRANTIES BY VENDORS.] In every sale of a
completed dwelling, and in every contract for the sale of a
dwelling to be completed, the vendor shall warrant to the vendee
that:
(a) during the one-year period from and after the warranty
date the dwelling shall be free from defects caused by faulty
workmanship and defective materials due to noncompliance with
building standards;
(b) during the two-year period from and after the warranty
date, the dwelling shall be free from defects caused by faulty
installation of plumbing, electrical, heating, and cooling
systems due to noncompliance with building standards; and
(c) during the ten-year period from and after the warranty
date, the dwelling shall be free from major construction defects
due to noncompliance with building standards.
Sec. 10. Minnesota Statutes 2000, section 327A.02,
subdivision 3, is amended to read:
Subd. 3. [HOME IMPROVEMENT WARRANTIES.] (a) In a sale or
in a contract for the sale of home improvement work involving
major structural changes or additions to a residential building,
the home improvement contractor shall warrant to the owner that:
(1) during the one-year period from and after the warranty
date the home improvement shall be free from defects caused by
faulty workmanship and defective materials due to noncompliance
with building standards; and
(2) during the ten-year period from and after the warranty
Minnesota Session Laws 2001, Chapter 207 Page 5 of 6
date the home improvement shall be free from major construction
defects due to noncomDliance with buildinq standards.
(b) In a sale or in a contract for the sale of home
improvement work involving the installation of plumbing,
electrical, heating or cooling systems, the home improvement
contractor shall warrant to the owner that, during the two-year
period from and after the warranty date, the home improvement
shall be free from defects caused by the faulty installation of
the system or systems due to noncomDliance with building
standards.
(c) In a sale or in a contract for the sale of any home
improvement work not covered by paragraph (a) or (b), the home
improvement contractor shall warrant to the owner that, during
the one-year period from and after the warranty date, the home
improvement shall be free from defects caused by faulty
workmanship or defective materials due to noncompliance with
building standards.
Sec. 11. Minnesota Statutes 2000, section 462.353,
subdivision 4, is amended to read:
Subd. 4. [FEES.] A municipality may prescribe fees
sufficient to defray the costs incurred by it in reviewing,
investigating, and administering an application for an amendment
to an official control established pursuant to sections 462.351
to 462.364 or an application for a permit or other approval
required under an official control established pursuant to those
sections. Fees as prescribed shall must be by ordinance and
must be fair, reasonable, and DroDortionate to the actual cost
of the service for which the fee is imDosed. A municiDalitr
shall adopt manaqement and accountinq Drocedures to ensure that
fees are maintained and used only for the Durmose for which they
are collected.
If a disDute arises over a sDecific fee imDosed by a
municiDality related to a sDecific aDDlication, the amount of
the fee must be deposited and held in escrow, and the Derson
aqqrieved by the fee may aDDeal under section 462.361. An
aDDroved aDDlication may Droceed as if the fee had been Daid,
Dendin~ a decision on the aDDeal.
Sec. 12. [462.3531] [WAIVER OF RIGHTS.]
Any waiver of riqhts of aDDeal under section 429.081 is
effective only for the amount of assessment estimated or for the
assessment amount aQreed to in the develoDment a~reement. An
effective waiver of riQhts of aDDeal under section 429.081 may
contain additional conditions Drovidinq for increases in
assessments that will not be subject to appeal if:
(1) the increases are a result of rec~uests made by the
develoDer or DroDerty owner; or
(2) the increases are otherwise aDDroved by the develoDer
or DroDerty owner in a subsequent seDarate written document.
Sec. 13. Minnesota Statutes 2000, section 462.357,
subdivision 2, is amended to read:
Subd. 2. [GENERAL REQUIREMENTS.] (a) At any time after the
adoption of a land use plan for the municipality, the planning
agency, for the purpose of carrying out the policies and goals
of the land use plan, may prepare a proposed zoning ordinance
and submit it to the governing body with its recommendations for
adoption.
(b) Subject to the requirements of subdivisions 3, 4, and
5, the governing body may adopt and amend a zoning ordinance by
a majority vote of all its members. The adoDtion or amendment
of any portion of a zonin~ ordinance which chanqes all or Dart
of the existinQ classification of a zonin~ district from
residential to either commercial or industrial rec~ires a
two-thirds majority vote of all its members of the Qoverninq
body.
· Minnesota Session Laws 2001, Chapter 207 . Page 6 of 6
(c) The land use plan must provide guidelines for the
timing and sequence of the adoption of official controls to
ensure planned, orderly, and staged development and
redevelopment consistent with the land use plan.
Sec. 14. Minnesota Statutes 2000, section 462.357,
subdivision 5, is amended to read:
Subd. 5. [AMENDMENT; CERTAIN CITIES OF THE FIRST CLASS.]
The provisions of this subdivision apply to citicc the adoption
or amendment of any portion of a zoninq ordinance which chanqes
all or Dart of the existinq classification of a zonin~ district
from residential to either commercial or industrial of a
property located in a city of the first class, except a city of
the first class in which a different process is provided through
the operation of the city's home rule charter. In a city to
which this subdivision applies, amendments to a zoning ordinance
shall be made in conformance with this section but only after
there shall have been filed in the office of the city clerk a
written consent of the owners of two-thirds of the several
descriptions of real estate situate within 100 feet of the total
contiguous descriptions of real estate held by the same owner or
any party purchasing any such contiguous property within one
year preceding the request, and after the affirmative vote in
favor thereof by a majority of the members of the governing body
of any such city. The governing body of such city may, by a
two-thirds vote of its members, after hearing, adopt a new
zoning ordinance without such written consent whenever the
planning commission or planning board of such city shall have
made a survey of the whole area of the city or of an area of not
less than 40 acres, within which the new ordinance or the
amendments or alterations of the existing ordinance would take
effect when adopted, and shall have considered whether the
number of descriptions of real estate affected by such changes
and alterations renders the obtaining of such written consent
impractical, and such planning commission or planning board
shall report in writing as to whether in its opinion the
proposals of the governing body in any case are reasonably
related to the overall needs of the community, to existing land
use, or to a plan for future land use, and shall have conducted
a public hearing on such proposed ordinance, changes or
alterations, of which hearing published notice shall have been
given in a daily newspaper of general circulation at least once
each week for three successive weeks prior to such hearing,
which notice shall state the time, place and purpose of such
hearing, and shall have reported to the governing body of the
city its findings and recommendations in writing.
Sec. 15. [EFFECTIVE DATE.]
(a) Sections 5 and 11 are effective January 1, 2002.
(b) Sections 8 to 10, 13, and 14 are effective the day
followinq final enactment.
(c) Section 12 is effective August 1, 2001, and applies to
contracts entered into on or after that date. Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:35 a.m.