Government
and Land Development News
City
Authority to Regulate Adult Uses in Minnesota
In
the past, it was presumed that each city had an obligation
to provide possible places for adult uses in zoning districts
within the city even though it could require that such locations
be a reasonable number of feet from schools, residential areas,
churches, etc. The recent Minnesota Legislature found
that adult uses could be limited by substantially greater
distances from such places of moral repose (heavenly rest).
In addition, it also found that no city had an obligation
to provide for the location of adult uses within that city
if there was an adult use located within 50 miles from the
location in question. This is a revolutionary concept
because it permits most metropolitan area suburbs to completely
eliminate any adult uses within their cities based on the
adult uses in Minneapolis and/or St. Paul.
Trends
in Residential Property Codes
The
growing trend of cities is to have residential property maintenance
codes where cities will regulate the exterior maintenance
of buildings and residences including such things as fences,
retaining walls, exterior building materials, or peeling paint.
Along with that is a trend to utilize administrative
citations, providing for fines payable directly to the cities,
rather than misdemeanors. By this means, all fine revenue
flows to the city coffers, rather than sharing it with the
county and district court system.
Burden
on the Metropolitan Waste System
The
Metropolitan Council is requiring that all cities put in place
very stringent requirements concerning storm water/ground
water infiltration into the sanitary sewer system.
Sump pumps and floor drains cannot be hooked up to sanitary
sewers and, if they are, substantial administrative penalties
will apply. Accordingly, Minneapolis suburbs are scrambling
to put into place requirements that will eliminate storm/groundwater
infiltration in the sanitary sewer system.
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With
nearly 40 years’ experience representing governmental agencies
as well as private clients before governmental and administrative
agencies, Best & Flanagan attorneys have expertise in all aspects
of governmental and administrative law. Our work has covered virtually
every potential municipal law problem, ranging from general civil
matters and misdemeanor prosecutions to urban development, public
finance, and eminent domain. We continue to serve as City Attorneys
and HRA Attorneys for Golden Valley and Wayzata as well as regular
legal counsel for the Minnesota Valley Transit Authority. In addition,
we handle specialized legal problems for Hennepin County and the Metropolitan
Council, such as real estate, eminent domain and transit matters.
Minneapolis,
MN
55402-4690