HomeMy WebLinkAbout07-31-2006 Planning Commission Packetarm
AKE City of Lake Elmo
joiEL MO 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeEimoDra
NOTICE OF MEETING
The City of Lake Elmo Planning Commission
Will hold a Special Meeting on
Monday, July 31, 2006, at 6:30 n.m.
AGENDA
1. Agenda
2. Zoning Ordinance
3. Adjourn
MEMO
(July 27, 2006 for the Meeting of July 31, 2006)
To: Lake Elmo Planning Commission
From: Kelli Matzek
Subject: Zoning Code Rewrite — Part 2
I have attached the updated version of the first four topics. These topics were first covered at the
July 24th meeting. I have incorporated most of the suggestions I received.
• Title and Application
• Rules and Definitions
• Administration — Amendments
• Administration — Conditional Use Permits
This week I have approximately 19 pages of code for your review. I have covered the following
topics:
• Interim Uses
• Administration — Admin Permits and Approvals
• Administration — Variances
• Administration — Appeals
• Certificate of Occupancy
The text with a single line through it is the existing Lake Elmo zoning text. As best I could, I
placed the existing zoning code before the comparable proposed text. The rest of the language I
have pulled from other city codes (Oak Park Heights and Plymouth).
The next meeting will be held on Monday, August 7th at 6:30 p.m. At that time we will be
discussing the following topics:
• Fees
• Environmental Review
• Site Plan Review
If I have time to draft the text, we will also cover Non -Conformities and General Building and
Performance Standards.
DRAFT Zoning Ordinance
July 2006
July 24.2006Mte __- -
Portion 1 - 4
Deleted: Portion 1 -4
CHAPTER 154: ZONING CODE
Section
Title and Application
154.001 Title
154.002 Intent and Purpose
154.003 Relation to Comprehensive Municipal Plan
154.004 Standard, Requirement
154.005 Conformity With This Chapter
154.006 Building Compliance
154.007 Reduction of Yards or Lots Not Permitted
154.008 Monuments
154.009 Uses Not Provided For Within Zoning Districts
154.010 Separability
154.011 Authority
Rules and Definitions
154.030 Rules of Word Construction
154.031 Definitions
Adnzinistration — Amendments (Text and Map)
154.050 Pre -Application
154.051 Application Procedure
154.052 Procedure — Planning Commission Review
154.053 Procedure — City Council Review
154.05A Amendments — Initiation
Administration — Conditional Use Permits
154.060 Purpose
154.061 Procedure
- I Deleted: Procedure
( Deleted: 1
154.062 Procedure — Planning Commission Review
154.063 Procedure — City Council Review
154.064 Information Requirement
154065 General Performance Standards Deleted: 063
154 066 Revocation _ - -{ Deleted: 064
154067 Amendment _ - -( Deleted: 065
- - -1 Deleted: 066
Deleted: 067
154068 Expiration
154069 Site Improvement Performance Agreement and Financial Guarantee
DRAFT Zoning Ordinance July 24, 2006 Mtg.
July 2006 Portion 1 -4
TITLE AND APPLICATION
154.001 TITLE.
This Chapter shall be known as the "Lake Elmo Zoning Ordinance" except as
referred to herein, where it shall be known as "this Chapter".
154.002 INTENT AND PURPOSE
The intent of this Chapter is to protect the public health, safety and general welfare of the
community and its people through the establishment of minimum regulations in regard to
location, erection, construction, alteration and use of structures and land. These
regulations are established to assist the City in implementing its Comprehensive Plan;
protecting and enhancing the natural environment and resources that currently exist
within the City; ensuring orderly and quality development and redevelopment; protecting
the quality and diversity of the City's tax base; protecting the quality of residential
neighborhoods; limiting congestion in public streets and to foster public safety and
convenience in travel and transportation; ensuring compatibility between different land
uses; and regulating businesses that may have adverse secondary effects on the quality of
life of Lake Elmo residents.
These regulations are also established to provide for administration of this Chapter; to
provide for amendments; to prescribe penalties for violation of such regulations; and to
define powers and duties of the City staff, the Zoning Board of Adjustment and Appeals,
the Planning Commission and the City Council in relation to the Zoning Ordinance.
154.003 RELATION TO COMPREHENSIVE MUNICIPAL PLAN.
It is the policy of the City of Lake Elmo that the enforcement, amendment, and
administration of this Chapter be accomplished consistent with the recommendations
contained in the City Comprehensive Plan, as developed and amended from time to time
by the City Council for the City. The City Council recognizes the City Comprehensive
Plan as the official policy for the regulation of land use and development in accordance
with the policies and purpose herein set forth. In accordance with Minnesota Statutes
Chapter 473, the City will not approve any rezoning or other changes in these regulations
that are inconsistent with the City Comprehensive Plan.
154.004 STANDARD, REQUIREMENT.
Where the conditions imposed by any provisions of this Chapter are either more
or less restrictive than comparable conditions imposed by other law, ordinance, rule, or
regulation of the city, state, or federal government, the law, ordinance, rule, or regulation
which imposes the more restrictive condition, standard, or requirement shall prevail.
154.005 CONFORMITY WITH THIS CHAP'1'RR.
No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose nor in any manner which is not in
conformity with the provisions of this Chapter.
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July 2006 Portion 1 -4
154.006 BUILDING COMPLIANCE.
Except as herein provided, no building, structure or premises shall hereafter be
used or occupied and no building permit shall be granted that does not conform to the
requirements of this Chapter.
154.007 REDUCTION OF YARDS OR LOTS NOT PERMI'I"1ED.
No yard or lot existing at the time of passage of this Chapter shall be reduced in
dimension or area below the minimum requirements set forth herein. Yards or lots
created after the effective date of this Chapter shall meet at least the minimum
requirements established by this Chapter.
154.008 MONUMENTS.
For the purpose of this Chapter, all international, federal, state, county and other
official monuments, benchmarks, triangulation points, and stations shall be preserved in
their precise locations; and it shall be the responsibility of the applicant to insure that
these markers are maintained in good condition during and following construction and
development. All section, one -quarter section and one -sixteenth section corners shall be
duly described and tied.
154.009 USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS.
Whenever in any zoning district a use is not specifically allowed as a permitted
accessory, conditional, or interim use, nor is such use allowed by administrative permit,
the use shall be considered prohibited. In such cases, the City Council or the Planning
Commission, on their own initiative or upon request, may conduct a study to determine if
the use is acceptable and if so, what zoning district would be most appropriate and the
determination as to conditions and standards relating to development of the use. The City
Council, Planning Commission or property owner, upon receipt of the staff study may, if
appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular
use under consideration or may find that the use is not compatible for development within
the City.
154.010 SEPARABILITY
It is hereby declared to be the intention of the City that the several provisions of
this Chapter are separable in accordance with the following:
(A) If any court jurisdiction shall adjudge any provision of this Chapter to be
invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
(B) If any court of competent jurisdiction shall adjudge invalid the application of
any provision of this Chapter to a particular property, building, or other structure, such
judgment shall not affect the application of said provision to any other property, building,
or structure not specifically included in said judgment.
154.011 AUTHORITY
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July 2006 Portion 1 -4
This Chapter is enacted pursuant to the authority granted by the Municipal
Planning Act, Minnesota Statutes, Section 462.351 to 462.363.
154.012 ZONING MAP
The locations and boundaries of the district established by this Ordinance are
hereby set forth on the Lake Elmo, Minnesota Zoning Map; and said Map is hereby made
a part of this Ordinance; said Map shall be known as the "Lake Elmo, Minnesota Zoning
Map." Said Map and all notations, references and data shown thereon are hereby
incorporated by reference into this Ordinance and shall be as much a part of it as if all
were fully described herein. It shall be the responsibility of the Zoning Administrator to
maintain said Map, and amendments thereto shall be recorded on said Zoning Map within
thirty (30) days after official publication of amendments. The official Zoning Map shall
be kept on file in the City Hall.
154.013 ZONING DISTRICT BOUNDARIES
The boundaries between districts are, unless otherwise indicated, either the center
line of streets, alleys or railroad rights -of -way or lot lines or section lines or such
centerlines or lot lines parallel or perpendicular thereto.
154.014 FUTURE ANNEXATIONS
Any land annexed to the City in the future shall be placed in the A (Agricultural)
district until another zoning classification is approved by action of the City Council after
receipt of the recommendation of the Planning Commission.
RULES AND DEFINITIONS
154.030 RULES OF WORD CONSTRUCTION
For the purposes of this Ordinance, certain terms or words used herein shall be
interpreted as follows:
(A) The word "person" includes an owner or representative of the owner, firm,
association, organization, partnership, trust, company or corporation as well as an
individual.
(B) The present tense includes the future tense.
(C) The words "shall" and "must" are mandatory; the word "may" is permissive.
(D) The singular includes the plural, and the plural the singular.
(E) All measured distances expressed in feet shall be to the nearest tenth of a
foot.
(F) When calculating parking stall requirements, any fraction of a number shall
constitute an additional parking space.
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July 2006 Portion 1 -4
(G) Unless specifically exempted, size or area limitations imposed by this
Chapter on a specific use or activity refer to the maximum gross area devoted
to such use or activity in any individual building or structure.
(H) For terminology not defined in this Chapter, elsewhere in the City Code, or in
the Minnesota State Building Code, Merriam-Webster's Collegiate
Dictionary Tenth Edition shall be used to define such terms.
(I) If a conflict arises between the graphic illustrations presented in this code and
the text of this code, the text shall prevail.
DEFINITIONS IN 1LNTIONALLY LEFT OUT AT THIS TIME
ADMINISTRATION — AMENDMENTS (1'hXT AND MAP)
154.050 PRE -APPLICATION
Applicants requesting application for amendments or conditional use permits should
contact the Zoning Administrator in order, to set up a "pre -application" meeting with the
City Administrator, City Engineer, City Attorney, City Planner,City Building Official,
and other City staff to discuss the project in question. A pre -application "staff meeting" is
strongly recommended for all types of proposals to answer questions relating to overall
project concept, the application process, payment of fees, general ordinance requirements
and the general details of the request. The pre -application meeting is not necessary but is
recommended.
154.051 APPLICATION PROCEDURE
(A) Requests for zoning (text or map) amendments shall be filed with the Zoning
Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of
the property, the fee owner' s signature shall also be provided on the application form, or
the applicant shall provide separate written and signed authorization for the application
from the fee owner. A completed application shall include:
(1) a fee as set forth in the City Code;
(2) a location map showing the general location of the proposed use
within the community;
(3) detailed written and graphic materials, the number and size as
prescribed by the Zoning Administrator, fully explaining the proposed change,
development, or use;
(4) a map showing all principal land use within three hundred fifty (350)
feet of the parcel for which application is being made;
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DRAFT Zoning Ordinance July 24, 2006 Mtg.
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(5) a legal description and proof of ownership of the property for which the
amendment is requested consisting of an abstract of title or registered property certificate,
together with any unrecorded documents whereby the petitioners acquired legal or
equitable ownership;
(6) certification that there are no delinquent property taxes, special
assessments, interest, or City utility fees due upon the parcel of land to which the
rezoning application relates;
(7) two copies of a list of property owners located within three hundred
fifty (350) feet of the subject property in a format prescribed by the Zoning
Administrator. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified information
requirements.
(B) Within fifteen (15) business days of receipt of a complete application, as
determined by staff review, for a rezoning (map amendment or text amendment), the
Zoning Administrator shall cause a notice to be mailed to all owners of land within three
hundred fifty (350) feet of the boundary of the property in question, informing them of
the receipt of the application and the anticipated schedule for consideration of the
amendment. This provision shall not apply in the case, of a rezoning initiated by the City
if the amendment affects an area greater than forty (40) acres.
(C) Upon receipt of a complete application, as determined by staff review, and
following preliminary staff analysis of the application and request, the Zoning
Administrator, when appropriate, shall set a public 'hearing following proper hearing
notification. The Planning Commission shall conduct the hearing, and report its findings
and make recommendations to the City Council. Notice of said hearing shall consist of
the purpose, time, and place of the public hearing as well as the description of the
request. The notice shall be published in the ` official newspaper at least ten (10) days
prior to the hearing and written notification of said hearing shall be mailed at least ten
(10) days prior to all owners of land within three hundred fifty (350) feet of the boundary
of the property in question.
(D) Failure of a property owner to receive said notice(s) shall not invalidate any
such proceedings as set forth within this Chapter.
(E) The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general assistance in preparing a
recommendation of the action to the City Council.
154.052 PROCEDURE - PLANNING COMMISSION REVIEW
(A) The Planning Commission shall consider possible adverse effects of the
proposed amendment. Its judgment shall be based upon (but not limited to) the following
factors:
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DRAFT Zoning Ordinance July 24, 2006 Mtg.
July 2006 Portion 1 -4
(1) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the City
Comprehensive Plan, including public facilities and capital improvement plans.
(2) The proposed action meets the purpose and intent of this Ordinance or
in the case of a map amendment, it meets the purpose and intent of the individual district.
(3) There is adequate infrastructure available to serve the proposed action.
(4) There is an adequate buffer or transition provided between potentially
incompatible districts.
(B) The Planning Commission and City staff shall have the authority to request
additional information from the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the applicant concerning
operational factors, said information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
(C) The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the
proposed request.
(D) The Planning Commission shall make its recommendation on the application
to the Council, in writing, within sixty (60) days after the public hearing, unless the
applicant consents to extend consideration by the Planning Commission. The report shall
recommend that the amendment be granted or denied and shall include the Planning
Commission's recommendation as to any conditions to be imposed if the amendment is
granted, including time limits or provisions for periodic review and shall state the reasons
for the recommendation. Such recommendations shall be accompanied by the report and
recommendation of the City staff.
(E) If the Planning Commission fails to file a report with the Zoning
Administrator within the time provided by this section, the application shall be referred to
the Council as provided in this section, without report, after the time for filing the report
has expired.
154.053 PROCEDURE - CITY COUNCIL REVIEW
(A) The City Council shall not act upon an amendment until they have received a
report and recommendation from the Planning Commission and the City staff or until
sixty (60) days after the first regular Planning Commission meeting at which the request
was considered.
(B) Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Administrator shall schedule the application for consideration
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DRAFT Zoning Ordinance July 24, 2006 Mtg.
Jul',' 2006 Portion 1 -4
by the City Council. Such reports and recommendations shall be entered in and made
part of the permanent written record of the City Council meeting.
(C) Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Council shall have the option to set and hold a public hearing
if deemed necessary.
(D) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific inconsistencies exist in
the review process and thus the final recommendations of the City Council will differ
from that of the Planning Commission, the City Council may before taking final action,
refer the matter back to the Planning Commission for further consideration. The City
Council shall provide the Planning Commission with a written statement detailing the
specific reasons for referral. This procedure shall be followed only one time on a
singular action.
(E) For any application which changes all or part of the existing classification of
a zoning district from residential to either commercial or industrial, approval shall require
passage by a two-thirds (2/3) vote of the full City Council. Approval of any other
proposed amendment shall require passage by a majority vote of the full Council.
(F) The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
(G) Whenever an application for an amendment has been considered and denied
by the City Council, a similar application for an amendment affecting substantially the
same property shall not be considered again by the Planning Commission or City Council
for at least six (6) months from the date of its denial; and a subsequent application
affecting substantially the same property shall likewise not be considered again by the
Planning Commission or City Council for an additional six (6) months from the date of
the second denial unless a decision to reconsider such matter is made by not less than a
majority of the full City Council.
154.054 AMENDMENTS - INITIATION
An amendment to this section may be initiated by the Council, the Planning
Commission, or by petition of affected property owners, as defined in this section. An
amendment not initiated by the Planning Commission shall be referred to the Planning
Commission for study and report, as provided in this section. The proposal may not be
acted upon by the Council until it has received the recommendation of the planning
agency on the proposed amendment or until forty-five (45) days have elapsed from the
date of reference of the amendment without a report by the Planning Commission.
ADMINISTRATION — CONDITIONAL USE PERMITS
154.060 PURPOSE
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July 2006 Portion 1 -4
The purpose of a conditional use permit is to authorize and regulate uses which
may be beneficial in a specific instance to the general welfare of the community, yet
ensure that such uses are not detrimental to surrounding property, and are consistent with
the stated purpose of the zoning district in which such uses are located regarding
conditions of operation, location, arrangement, and construction.
1.54.061 PROCEDURE
(A) Requests for conditional use permits, as provided within this Chapter, shall
be filed with the Zoning Administrator on an official application form. The applicant's
signature shall be provided on the application form. Additionally, if the applicant is not
the fee owner of the property, the fee owner's signature shall also be provided on the
application form, or the applicant shall provide separate written and signed authorization
for the application from the fee owner. Such application shall be accompanied by:
(1) a fee as set forth in the City Code;
(2) a location map showing the general location of the proposed use
within the community;
(3) detailed written and graphic materials, the number and size as
prescribed by the Zoning Administrator, fully explaining the proposed change,
development, or use;
(4) a map showing all principal land use within five hundred (500) feet of
the parcel for which application is being made;
(5) a legal description and proof of ownership of the property for which the
amendment is requested consisting of an abstract of title or registered property certificate,
together with any unrecorded documents whereby the petitioners acquired legal or
equitable ownership;
(6) certification that there are no delinquent property taxes, special
assessments, interest, or City utility fees due upon the parcel of land to which the
rezoning application relates;
(7) two copies of a list of property owners located within five hundred
(500) feet of the subject property in a format prescribed by the Zoning Administrator.
The application shall be considered as being officially submitted and complete when the
applicant has complied with all the specified information requirements.
The application shall be considered as being officially submitted and complete
when the applicant has complied with all the specified information requirements.
(B) Upon receipt of a complete application, as determined by staff review, and
following preliminary staff analysis of the application and request, the Zoning
Administrator, when appropriate, shall set a public hearing following proper hearing
notification. The Planning Commission shall conduct the hearing, and report its findings
and make recommendations to the City Council. Notice of said hearing shall consist of
the purpose, time and place of the public hearing along with the description of request
and be published in the official newspaper at least ten (10) days prior to the hearing and
written notification of said hearing shall be mailed at least ten (10) days prior to all
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DRAFT Zoning Ordinance July 24, 2006 Mtg.
July 2006 Portion 1 -4
owners of land within five hundred (500) feet of the boundary of the property in question,
except in the case of correctional facilities and waste facilities where the notification shall
be to property owners located within one thousand three hundred twenty (1,320) feet of
the subject property.
(C) Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Chapter.
(D) The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general assistance in preparing a
recommendation on the action to the City Council.
(E) The Zoning Administrator shall maintain a record of all applications and all
conditional use permits issued including information on the use, location, conditions
imposed by the community, time limits, review dates, and such other information as may
be appropriate.
154.062 PROCEDURE — PLANNING COMMISSION REVIEW
(A) The Planning Commission shall consider possible adverse effects of the
proposed conditional use. Its judgment shall be based upon (but not limited to) the
following factors:
(1) Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
(2) The establishment, maintenance or operation of the conditional use
will promote and enhance the general public welfare and will not be detrimental to or
endanger the public health, safety, morals or comfort.
(3) The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood.
(4) The establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for uses permitted in
the district.
(5) Adequate public facilities and services are available or can be
reasonably provided to accommodate the use which is proposed.
(6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
(7) The conditional use complies with the general and specific
performance standards as specified by this Section and this Chapter.
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DRAFT Zoning Ordinance July 24, 2006 Mtg.
July 2006
Portion 1 -4
(B) The Planning Commission and City staff shall have the authority to request
additional information from the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the applicant concerning
operational factors, said information is to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
(C) The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the
proposed request.
(D) The Planning Commission shall make a finding of fact and make a
recommendation on such actions or conditions relating to the request as they deem
necessary to carry out the intent and purpose of this Chapter. Such recommendation shall
be in writing and accompanied by the report and recommendation of the City staff.
154.063 PROCEDURE — CITY COUNCIL REVIhW
(A) The City Council shall not grant a conditional use permit until they have
received a report and recommendation from the Planning Commission and the City staff,
or until sixty (60) days after the first regular Planning Commission meeting at which the
request was considered.
(B) Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Manager shall schedule the application for consideration by
the City Council. Such reports and recommendations shall be entered in and made part of
the permanent written record of the City Council meeting.
(C) Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Council shall have the option to set and hold a public hearing
if deemed necessary and shall make :a recorded finding of fact and may impose any
condition they consider necessary to protect the public health, safety and welfare.
(D) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific inconsistencies exist in
the review process and thus the final recommendations of the City Council will differ
from that of the Planning Commission, the City Council may, before taking final action,
refer the matter back to the Planning Commission for further consideration. This
procedure shall be followed only one time on a singular action.
(E) Approval of a request shall require passage by a majority vote of the entire
City Council.
(F) Whenever an application for a conditional use permit has been considered
and denied by the City Council, a similar application for a conditional use permit
affecting substantially the same property shall not be considered again by the Planning
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July 2006 Portion 1 -4
Commission or City Council for at least six (6) months from the date of its denial; and a
subsequent application affecting substantially the same property shall likewise not be
considered again by the Planning Commission or. City Council for an additional six (6)
months from the date of the second denial unless a decision to reconsider such matter is
made by a majority vote of the full City Council.
154.064 INFORMATION REQUIREMENT
The information required for all conditional use permit applications shall be as specified
in Section ### (Site Plan Review) of this Chapter.
154.065 GENERAL PERFORMANCE STANDARDS
As may be applicable, the evaluation of any proposed conditional use peiinit request shall
be subject to and include, but not limited to, the following general performance standards
and criteria:
(A) The use and the site in question shall be served by a street of sufficient
capacity to accommodate the type and volume of traffic which would be generated.
(B) The site design for access and parking shall minimize internal as well as
external traffic conflicts and shall be in compliance with Section 21135 of this Chapter.
(C) If applicable, a pedestrian circulation system shall be clearly defined and
appropriate provisions made to protect such areas from encroachment by parked or
moving vehicles.
(D) Adequate off-street parking and off-street loading shall be provided in
compliance with Section 21135 of this Chapter.
(E) Loading docks and drive -up facilities shall be positioned so as to minimize
internal site access problems and maneuvering conflicts, to avoid visual or noise impacts
on any "adjacent" residential use or district, and are in compliance with Section ## of this
Chapter.
(F) Whenever a non-residential use "is adjacent to" a residential use or district, a
buffer area with screening and landscaping shall be provided in compliance with Section
## of this Chapter.
(G) General site screening and landscaping shall be provided in compliance with
Section ## of this Chapter.
(H) All exterior lighting shall be so directed so as not to cast glare toward or onto
the public right-of-way or neighboring residential uses or districts, and shall be in
compliance with Section ## of this Chapter.
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(I) Potential exterior noise generated by the use shall be identified and mitigation
measures as may be necessary shall be imposed to insure compliance with Section ## of
this Chapter.
(J) The site drainage system shall be subject to the review and approval of the
City.
(K) The architectural appearance and functional design of the building and site
shall not be so dissimilar to the existing or potential buildings and area so as to cause
impairment of property values or a blighting influence. All sides of the principal and
accessory structures are to have essentially the same or coordinated, harmonious exterior
finish materials and treatment.
(L) Provisions shall be made for an interior location for recycling and trash
handling and storage or an outdoor, enclosed receptacle area shall be provided in
compliance with Section ## of this Chapter.
(M) All signs and informational or visual communication devices shall be in
compliance with Section ## of this Chapter.
(N) The use and site shall be in compliance with any federal or state laws or
regulations which are applicable and any related permits are obtained and documented to
the City.
(0) Any applicable business licenses mandated by City Code are approved and
obtained.
(P) The hours of operation may be restricted when there is potential negative
impact upon a residential use or district.
(Q) The use complies with all applicable performance standards of the zoning
district in which it is located.
154.066 REVOCATION
The Planning Commission may recommend, and the City Council may direct, the
revocation of any conditional use permit for cause upon determination that the authorized
conditional use is not in conformance with the conditions of the permit or is in continued
violation of this Chapter, City Codes, or other applicable regulations. The City Council
or Planning Commission shall initiate an application and the Zoning Administrator shall
notify the responsible person to whom the permit was issued, that they have an
opportunity to show cause why the permit should not be revoked. The application shall
be processed and considered pursuant to Section ## of this Chapter. The Zoning
Administrator shall provide the responsible person to whom the permit was issued a copy
of the proceedings and findings of the Planning Commission and City Council.
154.067 AMENDMENT
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Holders of a conditional use permit may propose amendments to the permit at any time,
following the procedures for a new permit as set forth in this section, except where
administrative approval may be granted, as defined and set forth in Section 21045. No
significant changes in the circumstances or scope of the permitted use shall be undertaken
without approval of those amendments by the City. The Zoning Administrator shall
determine what constitutes significant change. Significant changes include, but are not
limited to, hours of operation, number of employees, expansion of structures and/or
premises, different and/or additional signage, and operational modifications resulting in
increased external activities and traffic, and the like. The Planning Commission may
recommend, following the procedures for hearing and review set forth in this section and
the City Council may approve significant changes and modifications to conditional use
permits, including the application of additional or revised conditions.
154.068 EXPIRATION
Unless the City Council specifically approves a different time when action is officially
taken on the request, permits which have been issued under the provisions of this section
shall expire without further action by the Planning Commission or the City Council,
unless the applicant commences the authorized use within one (1) year of the date the
conditional use permit is issued; or, unless before the expiration of the one (1) year
period; the applicant shall apply for an extension thereof by completing and submitting a
request for extension, including the renewal fee as set forth in the City Code. The request
for extension shall state facts showing a good faith attempt to complete or utilize the use
permitted in the conditional use permit. A request for an extension not exceeding one (1)
year shall be subject to the review and approval of the Zoning Administrator. Should a
second extension of time or any extension of time longer than one (1) year be requested
by the applicant, it shall be presented to the Planning Commission for a recommendation
and to the City Council for a decision.
154.069 SflE IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE
Following the approval of a conditional use permit as required by this Section and prior
to the issuing of any building permits or the commencing of any work, the applicant, as
may be applicable, shall guarantee to the City the completion of all private exterior
amenities as shown on the approved site plan and as required by the conditional use
permit approval. The guarantee shall be made by means of a site improvement
performance agreement and a financial guarantee as specified in Section ## of this
Chapter.
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DRAFT Zoning Ordinance Jule 31, 2006 Mtg.
July 2006 Portion 5 - 10
CHAPTER 154: ZONING CODE (cont.)
Section
Interim Uses
154.080 Purpose and Intent
154.081 Procedure
154.082 General Standards
154.083 Termination
154.084 Certification of Taxes Paid
Administration — Administrative Permits and Approvals
154.090 Purpose
154.091 Procedure — Administrative Permits
154.092
154.093
154.094
154.095
Information Requirement — Administrative Permits
Performance Standards
Administration and Enforcement
Non -Permit Approvals
Administration — Variances
154.100 Purpose
154.101 Board of Zoning Adjustments and Appeals
154.102 Review Criteria
154.103 Minor Variance
154.104 Major Variance
154.105 Appeal of Board Ruling
154.106 Expiration
154.107 Site Improvement Performance Agreement and Financial Guarantee
Administration — Appeals
154.120 Board Designations
154.121 Applicability
154.122 Filing
154.123 Stay of Proceedings
154.124 Procedure
154.125 Appeals From the Board of Adjustment and Appeals
Fees
Postponed
Certificate of Occupancy
154.150 Administration and Enforcement
154.151 Penalties, Violation and Enforcement
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
IN'1hRIM USES
154.080 PURPOSE AND IN PENT
The purpose and intent of allowing interim uses is:
(A) To allow a use for a brief period of time, not in excess of one year, until a
permanent location is obtained or while the permanent location is under construction.
(B) To allow a use that is presently judged acceptable by the City Council, but
that with anticipated development or redevelopment, will not be acceptable in the future
or will be replaced in the future by a permitted or conditional use allowed within the
respective district.
(C) To allow a use which is reflective of anticipated long range change to an area
and which is in compliance with the Comprehensive Plan provided that said use
maintains harmony and compatibility with surrounding uses and is in keeping with the
architectural character and design standards of existing uses and development.
154.081 PROCEDURE
(A) Uses defined as interim uses which do not presently exist within a respective
zoning district shall be processed according to the standards and procedures for a
conditional use permit as established by Section ## of this Chapter.
(B) Uses defined as interim uses which do not presently exist within a respective
zoning district shall be processed according to the standards and procedures for a
conditional use permit as established with Section ##.
(C) Effect of Permit. An "interim use permit" for seasonal farmer's market and
produce sales may be issued for a period of up to eight months per calendar year after
which the permit may be reissued for up to eight month periods per calendar year by the
Zoning Administrator. The interim use permit may be reissued if the farmer's market or
produce sale is consistent with the original interim use permit approval, and is in
compliance with Section ## of this Chapter.
154.082 GENERAL STANDARDS
An interim use shall comply with the following:
(A) Meet the standards of a conditional use permit set forth in Section ## of this
Chapter.
(B) Conform to the applicable general performance standards of Section ## of
this Chapter.
DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 -10
(C) Conforms to all zoning regulations as otherwise applicable.
(D) The use is allowed as an interim use in the respective zoning district.
(E) The date or event that will terminate the use can be identified with certainty.
(F) The use will not impose additional unreasonable costs on the public.
(G) The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
154.083 'I'hRMINATION
An interim use shall terminate on the happening of any of the following events,
whichever occurs first:
(A) The date stated in the permit.
(B) Upon violation of conditions under which the permit was issued.
(C) Upon change in the City's zoning regulations which renders the use non-
conforming.
(D) The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
154.084 CERTIFICATION OF TAXES PAID
Prior to approving an application for an interim use permit, the applicant shall
provide certification to the City that there are no delinquent property taxes, special
assessments, interest, or City utility fees due upon the parcel of land to which the interim
use permit application relates.
ADMINISTRATION — ADMINISTRATIVE PERMITS AND APPROVALS
154.090 PURPOSE
The purpose of this section is to establish regulations and procedures for the processing
and consideration of activities allowed by administrative permit, and of matters requiring
the approval of the Zoning Administrator with the goal of protecting the health, safety,
and welfare of the citizens of the City.
154.091 PROCEDURE - ADMINISTRATIVE PERMITS
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
(A) Requests for administrative permits, as provided within this Chapter, shall be
filed with the Zoning Administrator on an official application form. The applicant's
signature shall be provided on the application form. Additionally, if the applicant is not
the fee owner of the property, the fee owner's signature shall also be provided on the
application form, or the applicant shall provide separate written and signed authorization
for the application from the fee owner.
(B) The application shall be accompanied by a non-refundable fee as set forth by
the City Code for administrative permit applications. Applications for amending permits
shall be accompanied by a non-refundable fee as set forth by the City Code for
administrative permits.
(C) The Zoning Administrator shall review the application and related materials
and shall determine whether the proposal is in compliance with all applicable evaluation
criteria, codes, ordinances, and applicable performance standards set forth in this
Chapter.
(D) The Zoning Administrator shall consider possible adverse effects of the
proposed events or activity. Judgment shall be based upon (but not limited to) the
following factors:
(1) Compliance with and effect upon the Comprehensive Plan and public
facilities plans.
(2) The establishment, maintenance or operation of the use, event or
activity will promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety, morals or comfort.
(3) The use, event, or activity will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the purposes already permitted,
nor substantially diminish and impair property values within the neighborhood.
(4) The establishment of the use, event or activity will not impede the
normal and orderly development and improvement of surrounding property for uses
permitted in the district.
(5) Adequate public facilities and services are available or can be
reasonably provided to accommodate the use, event or activity which is proposed.
(6) The use, event or activity shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
(7) The use, event or activity and site conform to the performance
standards as outlined in Section ## and all other applicable provisions of this Chapter.
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
(E) The Zoning Administrator shall make a determination on approval or denial
of the administrative permit within sixty (60) days from the date of submission of a
complete application.
(F) A written permit shall be issued to the applicant when a determination of
compliance has been made. Specific conditions to assure compliance with applicable
evaluation criteria, codes, ordinances, and the standards of this Chapter shall be attached
to the permit.
(G) Determination of non-compliance with applicable codes, ordinances, and the
standards in this paragraph shall be communicated to the applicant in writing and the
application for the permit shall be considered denied; unless, within ten (10) days of the
date of such notice, the applicant submits revised plans and/or information with which the
Zoning Administrator is able to determine compliance.
(H) Unresolved disputes as to administrative application of the requirements of
this paragraph shall be subject to appeal as defined by Section ## of this Chapter.
154.092 INFORMATION REQUIREMENT - ADMINISTRATIVE PERMITS
The information required for all administrative permit applications shall include:
(1) A concise statement describing the proposed use, event or activity,
including the purpose, type of merchandise involved, dates and times of operation,
number of employees involved, provisions for on -site security, provisions for on -site
parking, and other pertinent information required by the Zoning Administrator to fully
evaluate the application.
(2) A copy of the approved site plan for the property or an "as built"
survey which accurately represents existing conditions on the site, including entrances
and exits, bona fide parking and driving areas, and which accurately indicates any
proposed temporary structures, including tents, stands, and signs.
(3) An accurate floor plan, when in the judgment of the Zoning
Administrator, such a plan is necessary to properly evaluate the location of the event and
the effectiveness of available entrances and exits.
(4) A copy of the current sales tax certificate issued by the State of
Minnesota, if applicable.
(5) Information identified in Section ## of this Chapter, as may be
applicable.
(6) Prior to approving an application for an administrative permit, the
applicant shall provide certification to the City that there are no delinquent property
5
DRAFT Zoning Ordinance July 31, 2006 Mtg.
Jule 2006 Portion 5 - 10
taxes, special assessments, interest, or City utility fees due upon the parcel of land to
which the administrative permit application relates.
154.093 PERFORMANCE STANDARDS
All uses, events or activities allowed by administrative permit shall conform to the
applicable standards outlined in the zoning district in which such use, event or activity is
proposed.
154.094 ADMINISTRATION AND ENFORCEMENT
(A) The Zoning Administrator shall keep a record of applications and
administrative permits.
(B) A copy of all administrative permits issued shall be forwarded to appropriate
staff as determined by the Zoning Administrator.
(C) Enforcement of the provisions of this paragraph shall be in accordance with
Section lift of this Chapter. Violation of an issued permit or of the provisions of this
section also shall be grounds for denial of future permit applications.
154.095 NON -PERMIT APPROVALS
In cases where the Zoning Administrator is given approval authority without a
requirement for an administrative permit, determinations shall be based upon the criteria
outlined in Section ## of this Chapter.
300 06 n dnlinistrptip.
The office of Zoning Adminiotrator is continued; the Zoning Administrator
shall be appointed by the Council and serve at its pleasure.
A. The Zoning Adr \-iis ator olxrll enforce the provisions of this section as
provided in this section; in addition to the duties and powers of the Zoning
Administrator under this section, express or implied, the Zoning
Adnr in rotor shall have the duty and power to:
Maio permits required by this 3cation;
2. Conduct inspections of land, buildings, or structures at reasonable
times, to determine oonsplianoe with and enforce the provisions of this
section;
6
DRAFT Zoning Ordinance July 31, 2006 Mtg.
Jule 2006 Portion 5 -10
3. Maintal records necessary for the enforcement of this section;
including, but not limited to all nupo, amendments and special use
permits, yarlanaes, appeal notices, and applications;
4. Receive, file, and forward all appoalo, noticed, applications for
.,�,•; races ,+her , +to t tho to• ff; •1� , h ,•ate
v K11 u11�V , 1 V L11V1 111KLLVl J LV L1ZC+ n ,
5. Institute in the name of the Cty any appropriate actions or
proceedings to enforce this section;
� v€ a e e €ic e o ing one a€ o Tia\\\-ng Commission.
Subd. 3 Variances.
A. Variances. Tho Plannirrg Gonmisoiari ohall hear requests for variance
from the literal provisions of this section in ino anaos v'boce their strict
e force•rne t , „l,a , n lue h •.1 h' 1 of ci,•curn t
....�v..�vi.ay.a. .. �.Ki..-� .,KKK.,.. K.a.. i.w u.�i,r�v �
to the individual property under consideration, and o grant tho variance
only when it is demonstrated that:
1. Exceptional or extraordinary circumstances apply to the property
which do nog appl} ga ally to other preertia n the
vicinity, and result from lot sizo olap . tepog'aphy, or other unique
circumstances;
2. That literal interpretation of the provisions of this section would
e tho li( „+ f ht� ly d b th t'
d Y�� .. ,.... :p,t,�,.,K.. orb-zz-c�-cvmxrroizry-�.ii=�pc�cy�crr�T-PivPcrL�z
the same district under the terms of this section;
3. That the special conditions or circumstances do not result from the
actions of the applicant;
I. Tbat granngthe :uriance requested will not confa, on the applicant
any spoc'al pfi?ilege that is denied by this section to owners of other
lands, structuroo, or buildings in the sa e el strict;
5. Tho -.vuianc s inimars -'7,.oe which would
alleviate the hardship;
6 _ ce weula n t be materially detrimental to the purposes of
this section, or to property in the sar:r e,
Tho Planning s a -.\arianeo any use that is
not rermittea un,ler th s section for property in the zoning district
where the land is located. The Conunkision may permit ao a a a.n e
the of e fa ily d'wdlirrb c a two family dwelling
provided that:
7
DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
a. The dwe lirg lxz existed for a least ten yo; ro, and the multiple use
e7-1t0d pri
b. The se is-3yotem meets or exceeds the septic system
7. The Commission ray impose conditions in the granting of a :urian e
to insure compliance and to protect adjacent properties.
Ilarchip mans the proposod uoe of the property and associated
structures in question cannot be oa abiohed under the conditions
allowed by this section or its amendments ctnd no other reasonable
alternative use exists. The plight of the landownor must be due to
physical conditions unique to the land, structure, or building involved
and are not applicable to otbe lands, structured or Wildingo in the oama
zoning district; these unique conditions of the site cannot be caused or
accepted by the landowner after the effective date of this section or its
amendments.
9. Economic consideration alone shall not constitute a hardship.
An app1iation for a -AariNarxa shall be filed with t.ho Zorn b
4dmi\Nlotrator. The applioatkx. 01K11 be
development plans showing such informatioxn no the Zoning Administrator
may reasorlaNy require for purposes of this section.
1. The application oba11 &cxitain oufficient information for the Plulnir
Gonooion to determine whether the proposed variance will meet all
applicable development standards if the T. rianoe is grantod. In all
cases, the applicatic n shall include:
a. Nam ;
b. The legal descrriptian of the property involved in the request for
-ria ne, including the street address, if any, of the property;
per-sono having a .logal interest in the property;
d. A site plan drawn to seal° towing the pro° y dimensions;
e. Location of all existing and proposed buildings and their size
including square footage;
f. Curb cuts, driveii.'nyo, access roads, parlung spaces, off street
loading areas, and side? allco;
8
DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
The - ktnoe requested and the reasons for the request;
C. Conditions of ppro :i1. Tho Manning Commisaion may impose
conditiczo in the granting of a variance which the Commission may
reasonably deterrine to be necessary to protect adjacent properties,
preserve the public health, oafety, and welfare, and comply with the intent
and purposes of this section. Th. Coinn iaoian may ak3o impose
conditions and requirements as are necessary to insure compliance with
the tamtanli of the 'Aarian
D. Hearing Procedure.
1. Tho Zoning Adminiotratc- ohall, upon the filing of an application for a
variance, refer the matter to the Planning Comn orikxi card establish a
time for the hearing of tho nxitter by the Commission no less than
fifteen (15) days after the filing of tho application and no more than
twenty five (25) days after the filing of the application.
2. The ' g Ad,,,'„ str.,t h 11 t;f<, tho pl t and the abutti,
vrurib i uiiuui.�u uii �r 'b
property owner(s) of the time and place of the hearing. The notice shall
be in writing and shall be served on the person personally at least ten
notice n y be served on the person by rx�til, provided the notice shall
The applioe ohall provide a list of the abutting property owners to the
Zoning Ad 'in ti'ator.
3. On request of the Zoni-g Adr: ni ator, tlio F1 :aning soi n, or
the applicant, the hearing 3h:.11 be continued for a reasonable time, not
variance, in order to allow the Zoning Adrsini trator, Comrri i.an, or
apples ant, or the applioant'o authorized representative, to provide
additional ;,,formation to the Ccxrmi xiion.
1. ' 10 Pka�ning Commission alxnll approve or deny any application for
a varianco and iosue its order with respect to the application within
thirty (30) days from the date of the hearing on the matter, unless an
extension has been granted.
E. Record of Findings.
1. The Planning-Gommi aion ohall make wfitte„ f:n,-1ings for an
varianco applations and ohall otate in the findings the reasons for its
de✓.j.forn The order issued by the Commission ohall include the legal
description of the land involved. Any such order shall be filed with the
9
DRAFT Zoning Ordinance Jul). 31, 2006 Mtg.
Jule 2006 Portion 5 - 10
Zoning Administrator who olhall immediately mail a copy of the order,
bearing the notation of the filing date, to applicant.
2. A certified copy of any order issuod h7. the Planning Cohnnikoion for
a -,o.rtiance, m be filed with the County Recorder or Registrar of Titles
f d ft •th t f .,l h s e err
rVr rVVvr Lr ULLVr Lill. L1111V 1V1 U1l�JV
F—Board of tmcnt-a eals T Gl i tablished as the
Board of Adjuotment arxi Appeals. The Board of Pzljuotment and Appeals
shall lha•.v the f: llo-wi ,g pwith r spocx this section:
1. The exclusive power to hoer an appeal from any decision made by the
PkZ r Comminion relative to c varic\zaa application.
2. The ornuril.'e wer to-hea -deeideappeals-it io c kkkged that
there is an errcx• in any decision, order, requirement, or determination
made by an adminis rctiw officer in the enforcement of the zoning
ordinance.
2 Tlho appeal shal be filed within five (5) days from the date that the
decision, order, requirement, or determination io n'ade and shall atate=
L.The patiVlardecrJror, ^rde frre at r a ettarnination from
which tha appoal is taken.
'a. Tho name and address of tho app.-Ala:
c. The grounds for the appeal.
d. The reliefrL+i�u1-ated by the ellant
ivl ue..��
C. An appeal stays all proceedirgo in furtherance of the action appealed from
less the Board f n d;ustme„t .,,,.a ppeats t„ whom the . a r 1
L,,l<rL,�� Lrr., uvuru .,1 < rUJ Li.�a ,
ce f;es that h of the facts st.at u th t f to c otr7y watalel
�ivv .iauL V�� aVu�V11 yr LriV ruVLJ JLU V rrl V VVl 111VUL ,
aauaa iahm. ent peril to life or property.
H. The Board of Adjuatrrent and Appaala may reverse or affirm, wholly or
paftlt or may modify the order, requirement, decision or determination
appealed from and to that extent riball have all the powers of the officer
from whom the a -,a1 VeV4 taken, and may direct the iaarxrae of a permit.
L-14ear-iae-Pr-eeeEkir-esT
1. The Zoning Administrator Shall, upon the filing of a notice of appeal,
refer the matter to the Board of <"rdjuatment and Appeals and establish a
time for the hearing of the mattor by the Board no less than fifteen (15)
10
DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
ulay� after thfilin,, e f the notice plicatio�n and no more than
u7� e b
twenty five (25) .lays after the filin,, of the notice of .,p a1
.... ..�.�� live �.�.�� uuy .� ua wl ulv .-. u�.
2. The Zoning Administrator ohall notify the appellant or applicant, the
abutting property owner, and in the case of an appeal, the officer from
notice shall be in writing
at leant te„ (1m ,lays r ceai„
t1L 1V
service, the notiot nary b
notice ohall b
the hearing.
and ohall be ocrved on the person personally
b the hearing In Hai of the personal
served on the person by n il, provided the
e mailed .,t least fourteen (1 ) daya p e e.1ing the dat f
....�....�.......� avu.v.. �vu. wvu � 1 � � uuy.� rrv�.v.uulb ulc. ooze-vr
3. The Board of Adjuotrnent and Appeals shall decide any appeal within
thirty (30) days from the date of the hearing on the matter.
J. -Recerd ef-Findiwz&
1. The Board of Adjustment and Appealo ohcl make written findings in
,f a ^ e^l a d slaall st^te i the finding. the fe 'ts
„�"' ri JLUL� 111 Ll ll� e
decision. The order issued by the Board of Adjustment and Appeal)
shall include the legal description of the kard irliolved. Any such order
ohall be filed with the Zoning Administrator who ohall iriw,ediately
appellant or applicant.
2. A certified copy of any order issued by the Board of Adjustment and
Appeals acting upon any appeal from an decision, order, requirement,
or determination of c-n adz iniotrative officer, may be filed with the
County Recorder or Registrar of Titles for recording. The filing may
be made b y the Zoning Adminiotrator as soon an io reasenably possible
after the filing of the order with the Zoning Adrrnni3trator.
ADMINISTRATION - VARIANCES
154.100 PURPOSE
The purpose of this section is to provide for deviations from the literal provisions of this
Chapter in instances where their strict enforcement would cause undue hardship because
of circumstances unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit
and intent of this Chapter.
154.101 BOARD OF ZONING ADJUSTMENTS AND APPEALS
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
The City Council shall act as the Board of Zoning Adjustments and Appeals.
154.102 REVIEW CRIThRIA
(A) The Board and Zoning Administrator shall not approve any variance
application (major or minor) unless they find failure to grant the variance will result in
undue hardship on the applicant, and, as may be applicable, all of the following criteria
have been met:
(1) That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a particular hardship to
the owner would result, as distinguished from a mere inconvenience, if the strict letter of
the regulations were to be carried out.
(2) That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not applicable,
generally, to other property within the same zoning classification.
(3) That the purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the parcel of land.
(4) That the alleged difficulty or hardship is caused by this Chapter and
has not been created by any persons having an interest in the parcel of land and is not a
self-created hardship.
(5) That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in which the
parcel of land is located.
(6) That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of the public streets,
or increase the danger of fire, or endanger the public safety, or substantially diminish or
impair property values within the neighborhood.
(7) That the requested variance is the minimum action required to
eliminate the hardship.
154.103 MINOR VARIANCE
(A) Purpose. The purpose of this section is to provide for an expeditious method
of processing variance requests which are defined as minor.
(B) Qualification.
(1) Cases where hardship to existing buildings or platted property is
created as a result of public action or change in ordinance standards.
12
DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 - 10
(2) Structure or setback deviations which are characteristic of and
common to neighboring uses and which do not exceed a twenty-five (25) percent
departure from any standard of this Chapter as applied to a specific piece of property.
(3) A minor variance procedure shall not be applicable or include any
proposals involving signage, fencing, shoreland, wetland, or floodplain.
(C) Procedure
(1) Requests for a minor variance shall be filed with the Zoning
Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of
the property, the fee owner's signature shall also be provided on the application form, or
the applicant shall provide separate written and signed authorization for the application
from the fee owner. Such application shall be accompanied by a fee as set forth by the
City Code. This fee shall not be refunded. The application shall be considered as being
officially submitted complete when the applicant has complied with all the specified
informational requirements, which shall include the following:
(a) A written description of the request for the minor variance,
including an explanation of compliance with the variance criteria set forth in this section.
(b) Supporting materials, as outlined in Section MI of this Chapter,
as determined by the Zoning Administrator as applicable to be necessary for the complete
and clear definition and understanding of the request.
(c) Prior to approving an application for a variance (major or
minor), the applicant shall provide certification to the City that there are no delinquent
property, taxes, special assessments, interest, or City utility fees due upon the parcel of
land to which the variance application relates.
(2) The Zoning Administrator shall have the authority to request
additional information from the applicant concerning operational factors or to retain
expert testimony with the consent and at the expense of the applicant concerning
operational factors, said information to be declared necessary to establish performance
conditions in relation to all pertinent sections of this Chapter.
(3) When appropriate, the Zoning Administrator shall instruct the
appropriate staff persons to prepare technical reports.
(4) The Board shall grant to the Zoning Administrator the right to approve
the minor variance upon determining that the criteria outlined in Section ## have been
satisfactorily met.
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
July 2006 Portion 5 -10
(5) Notice of such minor variance approval shall be sent by the Zoning
Administrator to all adjoining property owners within two hundred (200) feet of the
boundary of the property in question.
(6) The notice shall specify that any written objections to the approved
minor variance be received by the Zoning Administrator within fourteen (14) days of the
mailing. If any written objection of a substantive nature is received within fourteen (14)
days and is unresolved between the author and the Zoning Administrator, the final
approval of the requested minor variance, as well as any minor variance which is rejected
by the Zoning Administrator, shall be referred to the Board and proceed according to the
provisions of Section ## of this Chapter.
154.104 MAJOR VARIANCE
(A) Qualification.
All variances which are not classified as "minor" shall be deemed "major" variances.
(B) Procedure
(1) Requests for a major variance shall be filed with the Zoning
Administrator on an official application form. The applicant's signature shall be
provided on the application form. Additionally, if the applicant is not the fee owner of
the property, the fee owner's signature shall also be provided on the application form, or
the applicant shall provide separate written and signed authorization for the application
from the fee owner. Such application shall be accompanied by a fee as set forth by the
City Code. This fee shall not be refunded. The application shall be considered as being
officially submitted complete when the applicant has complied with all the specified
informational requirements, which shall include the following:
(a) A written description of the request for the major variance,
including an explanation of compliance with the variance criteria set forth in this section.
(b) Supporting materials, as outlined in Section ## of this Chapter,
as determined by the Zoning Administrator as applicable to be necessary for the complete
and clear definition and understanding of the request.
(c) Prior to approving an application for a variance (major or
minor), the applicant shall provide certification to the City that there are no delinquent
property taxes, special assessments, interest, or City utility fees due upon the parcel of
land to which the variance application relates.
(2) Upon receipt of a complete application, as determined by staff review,
and following preliminary staff analysis of the application and request, the Zoning
Administrator, when appropriate, shall establish a time and place for consideration by the
Planning Commission. At least ten (10) days before the date of the meeting, a written
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
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notice of the meeting shall be mailed to the applicant and to all other owners of property
located within two hundred (200) feet of the boundaries of the property which is the
subject of the application.
(3) Failure of a property owner to receive notice shall not invalidate any
such proceedings as set forth within this Chapter.
(4) The Zoning Administrator shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general assistance in
preparing a recommendation on the action to the Board.
(C) Procedure — Planning Commission Review
(1) The Planning Commission and Zoning Administrator shall have the
authority to request additional information from the applicant concerning operational
factors or to retain expert testimony with the consent and at the expense of the applicant
concerning operational factors, said information to be declared necessary to establish
performance conditions in relation to all pertinent sections of this Chapter.
(2) The applicant or a representative thereof may appear before the
Planning Commission in order to present and answer questions concerning the proposed
request.
(3) The Planning Cornrnission shall make a finding of fact and make a
recommendation on such actions or conditions relating to the request as they deem
necessary to carry out the purpose of this Chapter. Such recommendations shall be in
writing and accompanied by the report and recommendation of the City staff.
(D) Procedure — Board Review
(1) The Board shall not act upon the request until they have received a
report and recommendation from the Planning Commission and the City staff or until
sixty (60) days after the first regular Planning Commission meeting at which the request
was considered.
(2) Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Administrator shall schedule the application for
consideration by the Board. Such reports and recommendations shall be entered in and
made part of the permanent written record of the Board meeting.
(3) Upon receiving the report and recommendation of the Planning
Commission and the City staff, the Board shall have the option to set and hold a public
hearing if deemed necessary and shall make a recorded finding of fact and may impose
any condition they considered necessary to protect the public health, safety and welfare.
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
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(4) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the Board finds that specific inconsistencies exist in the
review process and thus the final determination of the Board will differ from that of the
Planning Commission, the Board may, before taking final action, refer the matter back to
the Planning Commission for further consideration. The Board shall provide the
Planning Commission with a written statement detailing the specific reasons for referral.
This procedure shall be followed only one time on a singular action.
(5) Approval of a request shall require passage by a majority vote of the
entire Board.
(6) In granting any major variance under the provisions of this section, the
Board shall designate such conditions in connection therewith as will, in its opinion,
secure substantially the objectives of the regulations or provisions to which the
adjustment or variance is granted, as to light, air, and the public health, safety, comfort,
convenience and general welfare.
(7) In all cases where major variances are granted under the provisions of
this section, the Board shall require such evidence and guarantee as it may deem
necessary to insure compliance with the conditions designated in connection therewith.
(8) The Zoning Administrator shall serve a copy of the final order of the
Board upon the petitioner by mail.
(9) Whenever an application for a major variance has been considered and
denied by the Board, a similar application for a variance affecting substantially the same
property shall not be considered again by the Planning Commission or Board for at least
six (6) months from the date of its denial; and a subsequent application affecting
substantially the same property shall likewise not be considered again by the Planning
Commission or Board for an additional six (6) months from the date of the second denial
unless a decision to reconsider such matter is made by a majority vote of the full Board.
154.105 APPEAL OF BOARD RULING
Any person or persons, any private or public board, or taxpayer of the City aggrieved by
any decision of the Board shall have the right to seek review of the decision with a court
of record in the manner provided by the laws of the State of Minnesota, and particularly
Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended,
supplemented or replaced.
154.106 EXPIRATION
(A) Unless the City Council specifically approves a different time when action is
officially taken on the request, variance approvals shall become null and void one (1)
year after the date of approval without further action by the Planning Commission or the
Board, unless the property owner or applicant has substantially started the construction of
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DRAFT Zoning Ordinance July 31, 2006 Mtg.
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any building, structure, addition or alteration, or use requested as part of the variance.
The property owner or applicant shall have the right to submit an application for time
extension in accordance with this section.
(B) An application to extend the approval of a variance shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
Such an application shall state the facts of the request, showing a good faith attempt to
utilize the permit, and it shall state the additional time being requested to begin the
proposed construction. The application shall be heard and decided by the City Council
prior to the lapse of approval of the original request.
(C) In making its determination on whether an applicant has made a good faith
attempt to utilize the variance, the City Council shall consider such factors as the type,
design and size of the proposed construction, any applicable restrictions on financing, or
special and/or unique circumstances beyond the control of the applicant which have
caused the delay.
154.107 SI'l'h IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE
Following the approval of a variance as required by this Section and prior to the issuing
of any building permits or the commencing of any work, the applicant as may be
applicable shall guarantee to the City the completion of all private exterior amenities as
shown on the approved site plan and as required by the variance approval. The guarantee
shall be made by means of a site improvement performance agreement and a financial
guarantee as specified in Section ## of this Chapter.
300 06 A dministrat:...,
Subd. 3 Variances.
K. Decision, Appeals.
1. All decisions of the Board of Adjustment and Appeals acting upon an
appeal from an order, requirement, decision, or determination by an
administrative officer or upon an application for a varianc-aha11 b9
aggrievedon nmy Save any doaokxi or order
efha bard reviewed for an appropriate remedy in district court as
provided by law.
ADMINISTRATION - APPEALS
154.120 BOARD DESIGNATIONS
The City Council shall serve as the Board of Adjustments and Appeals.
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154.121 APPLICABILITY
An appeal shall only be applicable to an interpretation of legislative intent of provisions
of this Chapter. Opinions and evaluations as they pertain to the impact or result of a
request are not subject to the appeal procedure.
154.122 FILING
An appeal from the ruling of an administrative officer of the City shall be filed by the
property owner or their agent with the Zoning Administrator within thirty (30) days after
the making of the order being appealed.
154.123 STAY OF PROCEEDINGS
An appeal stays all proceedings and the furtherance of the action being appealed unless it
is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed,
that by reason of facts stated in the certificate a stay would cause imminent peril to life
and property. In such case, the proceedings shall not be stayed other than by a restraining
order which may be granted by a court of record on application, and upon subsequent
notice to the City.
154.124 PROCEDURE
The procedure for making such an appeal shall be as follows:
(A) The property owner or their agent shall file with the Zoning Administrator a
notice of appeal stating the specific grounds upon which the appeal is made. Said
application shall be accompanied by a fee set forth in the City Code.
(B) The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports when appropriate and shall provide general assistance in
preparing a recommendation on the action to the Board of Adjustment and Appeals.
(C) The Board of Adjustment and Appeals shall make its decision by resolution
within sixty (60) days from the date on which a completed application is filed.
(D) The Zoning Administrator shall serve a copy of the final order of the Board
upon the petitioner by mail.
154.125 APPEALS FROM THE BOARD OF ADJUSTMENT AND APPEALS
Any person or persons, any private or public board, or taxpayer of the City aggrieved by
any decision of the Board of Adjustment and Appeals shall have the right to seek review
of the decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be
from time to time amended, supplemented or replaced.
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c.,bT
The C ysniff from time to timo, churl o,tablich by resolution the fees to be collected for all
applications under this section. The feicz k I1 include, in any case, those cep. riairrcd by the
City for co: aultLx' c,'.egal and administrative fees.
FEES - Postponed
CERTIFICATE OF OCCUPANCY
154.150 ADMINISTRATION AND ENFORCEMENT
The Building Official of the City shall not issue a building permit or Certificate of
Occupancy as to any property, building or structure where the use thereof by the
applicant requires a conditional use permit or variance pursuant to 401.01 et. seq. of the
Code of Ordinances of the City of Lake Elmo, until directed to issue the same by the City
Council.
154.151 PENALTIlS, VIOLATION AND ENFORCEMENT
The City Council may, from time to time, by resolution, impose reasonable fees for the
inspection of buildings, property or structures to assure compliance with the terms and
provisions of the conditional use permits and/or variances which have been applied for
and obtained from the City.
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