HomeMy WebLinkAboutPZ Agenda Packet 06-10-13THE CITY OF
LAKE ELMO 3800 Laverne Avenue North (651) 747-3900
1 Lake Elmo, MN 55042 www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, June 10, 2013 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. May 29, 2013
4. Public Hearing (cont.)
a. ZONING TEXT AMENDMENT — ADMINISTRATION. The Planning
Commission will continue a public hearing to consider a Zoning Text
Amendment pertaining to updates to the administrative section the Lake Elmo
Zoning Code.
5. Updates
a. City Council Updates
i. The City Council approved the application by Christ Lutheran Church for
a Minor Subdivision at 3549 Lake Elmo Avenue North.
ii. The City Council postponed consideration of the Fence and Sign
Ordinance. The Council will discuss these ordinances at the City Council
Workshop on 6/11/13.
b. Staff Updates
i. Upcoming Meetings: June 24, 2013
c. Commission Concerns
6. Adjourn
TI IE CITY OF
j-AKE ELMO
City of Lake Elmo
Planning Commission Meeting
Minutes of May 29, 2013
Chairman Williams called to order the meeting of the Lake Elmo Planning Commission at
7:01 p.m.
COMMISSIONERS PRESENT: Williams, Reeves, Haggard, Larson d_2ors_chner;
COMMISSIONERS ABSENT: Morreale and Dodson; and
STAFF PRESENT: Planning Director Klatt and City Planner Johnson.
Approve Agenda:
The agenda was accepted as presented.
Approve Minutes: May 13, 2013
M/S/P: Reeves/Haggard, move to accept the minutes of May 13, 2013 as presented,
Vote: 3-0, Motion Carried with Dorschner and Larson not voting.
Public Hearing: Zoning Text Amendment—Sign Ordinance
Johnson stated that the Planning Commission was asked to consider a draft sign
ordinance and consider adoption of the ordinance as presented. He reviewed several
changes that have been made to the draft document based on comments from the
Commission at its previous meeting. Johnson noted the Sign Ordinance is part of the
overall Zoning Ordinance update that the City has been preparing over the last year or
so.
Johnson reviewed the overall objectives of the Sign Ordinance and some of the issues
that the proposed ordinance was drafted to address.
Williams asked to have language added to identify school board meetings as a separate
category of election sign.
There was a general discussion concerning signs on trailers and other similar temporary
signage. Haggard asked if existing temporary signs would be considered a legal non-
conforming use. Johnson replied that these types of signs would not retain any non-
conforming use rights.
Lake Elmo Planning Commission Minutes; 5-29-13
2 -
Larson questioned the use of temporary signs for real estate open houses and how the
ordinance would be enforced. Johnson noted that enforcement was going to be
dependent on staff availability and the extent to which these signs may be problematic.
There was a general discussion concerning signage for multi -family projects. It was
noted that such signs would be considered a directory sign.
Haggard asked how the City's theming project would apply the proposed ordinance.
Johnson stated that the City may want to consider a more defined sign district if the City
intends to adopt special standards for the Village planning tea.
Williams opened the public hearing at 7:26 p.m.
closed at 7:27 p.m.
Williams expressed concern with the restri
anything other than the wall of a house. T
concern and requested that the ordinance
residential addresses.
Dorschner asked for clarification c
specific orientation of these signs.
portrait requirement.for,portable
signage to allow addresses off,.of
The Commission dire
the maximum height
were
things are mireageared to
was direction to -require a
restrictions.
and the hearing was
on the place merft�,b .street addresses on
mmission generally greed with this
idated todinclude orovisiohs related to
temporarys-,igns and the requirement for a
rriission directed.Staff to eliminate the
to include_additivnal, language for address
further revise the portable sign provisions to eliminate
!,aiong with=.other minor modifications.
e provisions.,related to signs on private residential
age4hat the restriction on the attention grabbing
arcial type signage vs. on residential property. There
attachment of balloons, etc. without additional
Williams questioned the maximum size requirement for off -premises agricultural sales
signs. The Commission noted that these signs are typically located along busier streets
and that the larger size is justified in these instances.
Haggard asked about legal non -conforming signs and suggested that if a sign is 100%
damaged, it should be replaced with a conforming sign. There was discussion of non-
conforming signs and replacement. Planner Johnson will review state statutes and will
consult with the City attorney regarding replacement.
Lake Elmo Planning Commission Minutes; 5-29-13
C
Williams questioned the use of flashing signage on or behind building windows and
noted a specific example in the Village area. Klatt stated that blinking lights that are
part of a structure that is defined as a sign in the code, even if located behind a window,
would need to comply with the proposed ordinance. He noted that an intent to capture
the attention of people outside of the building would be an important consideration in
handling these types of signs.
The Commission generally discussed the requirement for electronic message signs to
not change any more than every 10 seconds. The Commission did not recommend any
changes to the ordinance as presently drafted.
Larson questioned how the City's dark -sky ordinanceaiuotildrapply to the sign ordinance.
Klatt noted that the City Code does include lighting=standardstthat would need to be
observed. „
Haggard asked to include language under'theopurpose and intent sestton to reference
the City's Theming manual. The Commission supported the. inclusion ofith:s language.
Haggard suggested that the codeAprohibit attachmentef balloons, streamers, and other
attention -grabbing materials to ternporar.,y signs. The"Commission did not recommend
any changes to this provision. Johnson recommended striking this language in the
portable sign section.
Staff noted that the sign limitation for residential address -`and name signs applies only to
Home Occupation andAhat address and nameplate signs are regulated elsewhere.
M/S/P:'H.aggardy,D.orschner,sMotion to=recommend approval the Sign Ordinance with the
changes recommended by theRlanning'Commission and that the City develop a
separate set of sign regdlationsforthe Village Planning District. Vote: Vote:4-1, Motion
Carried;mith Dorsch ner+voting no. fDorschner noted that he would not support a
Village -specific ordinance that limited the additional regulations to commercial
properties.
Public Hearing:
Update—Articie H/Administration and Enforcement
Klatt asked that the Planning Commission open the public hearing concerning the
proposed amendment and that the Commission continue the hearing to its next
meeting. He noted that Staff needs to complete work on the Interim Use standards and
has not yet had time to revise this section.
Williams opened the public hearing at 8:48 p.m.
M/S/P: Williams/Larson to continue the public hearing until the June 10, 2013 meeting,
Vote: 5-0. Motion Carried.
Lake Elmo Planning Commission Minutes; 5-29-13
FIN
Public Hearing: Fence Ordinance Amendment
Johnson explained that the Planning Commission reviewed a draft fence ordinance at its
last meeting and that Staff has prepared a final draft of the ordinance for further review
and consideration by the Commission. He noted that Staff is recommending a
completely new and greatly simplified ordinance that provides greater flexibility for
property owners that want to install a fence on their property.
Johnson reviewed the changes that have been
Larson questioned whether or not the Village
requirements than other portions of the City.
drafted would apply to the entire City.
Reeves noted that the ordinance as
properties in mixed-use areas.
Williams asked if silt fences wouRl'i
that silt fences and other erosion
The Commission reviewedthe langi
delete the languagd��6ncern ng the
Williams opened
closed at 8:59 p.i
at
current regulations.
have different fence
the ordiance as
Id not allow wood fences on residential
ryfencing. Johnson replied
be exempt from the code.
and asked Staff to
No one spoke and the hearing was
Williams asked if a,.Certificatemf Compliane&Would be appropriate for temporary fences
so that�the City could:ver-ify consistency of such fences with the code. Johnson did not
recommend requiring permits for'tlrese fences due to their temporary nature.
Haggard recommended keeping the air and openness requirement for those portions of
a fence over 4 feet°in heightTin=residential districts. Commissioners Reeves and
Dorschner did not agree Withimaking a change that would prohibit privacy fences.
The Commission generally discussed the setback requirements for fences, and
specifically, the restriction on higher fences in front and street -side yard setbacks.
Haggard suggested that the fence ordinance include a provision concerning allowable
fence colors. Williams suggested that a fence be consistent with the character and style
of the principal structure on the property: Staff reviewed the existing language
concerning accessory buildings and consistency with the principal structure.
M/S/P: Reeves/Dorschner motion to recommend approval of the fence ordinance as
Lake Elmo Planning Commission Minutes; 5-29-13
presented with a minor modification to the agricultural property exemption. Vote: 4-1,
Motion Carried, with Haggard voting no.
Business Item: Christ Lutheran Church Minor Subdivision
Klatt provided an overview of the request for a minor subdivision by Christ Lutheran
Church at 3549 Lake Elmo Avenue North. In advance of the minor subdivision request,
the applicant was granted a variance to allow for a lot split that would create a non-
conforming lot according to the General Business zoning. Moving forward, Klatt noted
that the proposed subdivision would split the parcel into .'Tuact A" (.42 acres) and "Tract
B" (0.27 acres). Tract B would be retained by the churchAoir the purpose of overflow
parking, and Tract A would be marketed for a future commercial use.
Regarding the variance, Klatt noted that th
shared parking easement and a drainage e
on Tract B. The applicant has complied wit
providing drafts of the easements.
Staff is recommending app
I. The applicant shall
Attorney at the time of sale
Business Item
the Comorehe
a two conditions of approval: a
for the storm=' ater infiltration area
conditions of the variance by
the minor subdivision with two conditions:
ashared,parking easement acceptable to the City
`'of.TractAAso there is ashared use agreement for the
and record.a;iirainage,,and utility easement in a form
Tract A to another party.
n Church, spoke in support of the
itt for his assistance on this action.
approval of the minor subdivision at
conditions as outlined by Staff, Vote: 5-0,
Agricultural Density (RAD) and RAD -Aft Guidance in
Klatt started his presentation by outlining various terminology and history related to the
RAD discussion. To provide further background and context, Klatt explained the history
behind the RAD designation and the Open Space Preservation (OP) zoning provision. In
addition, he explained that the RAD -2 land use category was included as part of the
2005 Comprehensive Plan. As part of this change, the RAD density was increased from
0.4 to 0.45 units per acre, and the RAD -2 category was created with a density of 2 units
per acre. These changes were intended to account for additional growth while still
maintaining the rural and open space character.
Lake Elmo Planning Commission Minutes; 5-29-13
M
Moving forward, Klatt explained where the City utilized the RAD -2 land use category in
2005. The City guided two properties in Lake Elmo with the RAD -2 designation: the 3M
site on Ideal Ave., and the Emerson parcel at 10th St. and Manning Avenue. In 2010,
there was an application for a Minor Comprehensive Plan Amendment at the Friedrich
property for a senior living and preschool project. The Comp Plan Amendment was
granted for the Friedrich property, but the development application has since expired.
After providing the history, Klatt explained some of the current issues related to RAD
and RAD -2; and included current considerations related to the Memorandum of
Understanding with the Metropolitan Council. He also highlighted some trends related
to current growth forecasts in the rural areas of Lake Elmo;'
Haggard,asked about a reduction ef,&nsities that was permitted by an amendment of
the MOU'with the Metropolitan Coufia`I. Klatt noted that this reduction was only
related to the densities pertaining to areas guided for sewer service.
Larry Weiss, 93025tillwater Blvd., noted that the neighbors around the Friedrich
property are not supportive of any high density projects in that location. He would like
to see the property be changed to the RAD designation.
Ed Nielson, 9498 Stillwater Blvd., shared his frustration about the proposed
development project at the Friedrich property. He also presented technical
considerations related to transportation of senior housing projects in the East Metro.
He expressed concern that there was not enough information provided about the
proposed development on the Friedrich property that would allow neighbors to fully
comprehend the impacts of development on this site.
Lake Elmo Planning Commission Minutes; 5-29-13
C
7
Dorsch ner stated that there are opportunities for providing the needed infrastructure to
serve higher density development in other portions of the City.
Williams asked about the other RAD -2 properties other than the Friedrich property.
Dorschner stated that he would support those properties remaining RAD -2, or RAD -Alt,
if the appropriate infrastructure was in place.
Reeves noted that he needs more information about the City's growth projections
before making a judgment about the Friedrich property or other properties that are
guided as RAD -2, or RAD -Alt. He feels that more researchsmeeded before the City
makes any significant changes to the Comp Plan that woliRd'impact the overall growth
projections, as required by the MOU.
Haggard noted that she would like to examine',how all of the different areas of growth,
both rural and urban, would be impacted before making a recomtndation.
Larson noted that he does not feel that the land use or density fits at
property.
Williams noted that the MOU does notrequire a certain=number of rural units. The City
Council decided to pursue the minimum amount.. of sewered::units in favor of additional
rural units. Williams noted that if theQty wantslo.pursue 2wnits per acre, than these
areas should be sewered. Hemoted that the RAD -2 -or RAD -Alt -may not fit in the City's
plans anymore §The'3M site and Emerson srte,,are adjacerita'to areas that are guided for
sewer. These areas ',could be opened up to sewer service to make up for the units that
would be lost by changing theFFriiedr>.ich property back to RAD. Williams noted that he
supports, thanging.the Friedrich properry.backto.'RAD. Williams proposed to
recommend to the Council that the City eliminate the RAD -2 or RAD -Alt designation in
favor.of making up for growth "numbers in other areas of the city that are adjacent to
Reeves askedxifthere would.be any concerns by the property owners whose properties
would be changed by the land use changes in the Comp Plan. Klatt noted that the City
has the authority to guidegiarcels with appropriate land uses.
Haggard asked if the Friedrich property would have been considered without the
development proposal. Klatt read the list of findings from the City Council Resolution
that approved the Comp Plan Amendment in 2010. These were the key land use
findings that informed the Council decision in 2010. In addition, Klatt noted that the
RAD -2 designation was intentionally intended for senior housing. This was another
consideration related to the Comp Plan change.
Klatt noted that the Planning Commission should make a motion if a change to the
Comp Plan or some other action is desired.
Lake Elmo Planning Commission Minutes; 5-29-13
ME
Haggard reiterated that she would like more information about all of the growth
forecasts of the City to make a more informed decision in advance of a motion.
Reeves noted that the land use of the Friedrich property should be revisited, but he
does not feel qualified at this time to make a decision. He noted that the Council should
revisit this issue. Williams asked about the RAD -2, or RAD -Alt, land use category in
general. Reeves noted that it is difficult to make a decision at this time, but he did agree
that 2 units per acre does seem more consistent with areas,guided for sewer. He noted
that if the units that would be lost due to a Comp Plan change could be easily accounted
for elsewhere, than he would be in favor of exammmgthe,Ineed for RAD -2.
Larson noted that the other properties that are
solutions, whereas the Friedrich property does;
changing the Friedrich property.
Dorschner added that it is tough to make a di
thought it important to know whether sewer
Haggard asked if there is a maximum
system.. Klatt noted that the Met Coat.
City's Comprehensive Plan., Klatt nob
that were not previously-piarmed. He
evaluated by Meft-ouncil in terms of
Williams notes that helhas alwa
comm unity septic system,,as is'
Klatt qualified what additional]
making a recommendatiowon c
a whole. Tare. additional inform
• Conductoa deeper anay:
the rural and urban afe<
Klatt explained that he wlllashar
City Council and gather.additior
the Commission at a later date.
Updates and Concerns
2 have pore viable sewer
He wouldsupport looking at
more information. He
iese other sites:;
of unitsthat could be added to the sewer
'11toplan for'sewer capacity based on the
is=built-in capaolt3y,for added development
aach additional development will be
the concern about 2 units per acre on a
iformation the Planning Commission is seeking before
ranging the Friedrich property, or RAD -2 designation as
tion included the following:
is about the overall growth numbers in relation to both
s of the city.
the senitments of the Planning Commission with the
al information about this topic and present findings to
City Council approved the Zoning Text Amendment related to Specific Development
Standards at the meeting on 5/21/13.
Lake Elmo Planning Commission Minutes; 5-29-13
The City Council appointed two new Planning Commission members at the meeting on
5/21/13. The new members are Mr. Dean Dodson, Full Voting Member, and Mr. Dale
Dorschner, 15i Alternate.
Staff notified the Planning Commission that the next meeting is scheduled for June 10,
2013.
Meeting adjourned at 10:49pm
Respectfully submitted,
Nick Johnson
City Planner
Lake Elmo Planning Commission Minutes; 5-29-13
THE CITY OF
LLA KE ELM® Planning Commission
LLQ Date: 6(10113
PUBLIC HEARING
Item: 4a
ITEM: Zoning Ordinance Update — Review of Article 3 Zoning Administration and
Enforcement Draft
REQUESTED BY: Planning Department
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
Rick Chase, Building Official
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review and conduct a public hearing on a draft of
Article 3 — Zoning Administration and Enforcement, which is proposed to take the place of the
existing sections of the Zoning Ordinance that deal with similar provisions. The portions of the
current Zoning that would be replaced are Sections 151.015 through 151.021. The Ordinance
has been revised since the last meeting to include a revised interim use permit section, a
modified enforcement section, and a few other minor modifications to the overall document.
ADDITIONAL INFORMATION:
The proposed revisions deal with elements of the Zoning Ordinance that establish how the
ordinance will be administered, and includes the following components:
• Identifying the City staff will be responsible for issuing permits, enforcing the code,
keeping records, processing applications, and performing other administrative duties
related to the ordinance.
• Describing the application and review process that now includes a unified list of
application requirements that may be referenced for each type of permit rather than
maintaining a separate list for each unique permit.
• Providing a unified hearing review process that also may be referenced for each type of
permit that requires a public hearing.
• Identifying and describing all permits that are required under the Zoning Ordinance. Stafl
is recommending a new permit category called "Certificate of Compliance" to regulate
uses that are not subject to review by the Planning Commission or Council but that
should be reviewed for conformance with the City Code. Staff is also recommending that
the Ordinance describe the design review process associated with the Lake Elmo Design
Standards Manual (which is pending formal approval by the City).
• Describing the process for handling enforcement of the ordinance.
The intent of the proposed amendments is to greatly improve the consistency and readability of
the ordinance, especially as it relates to the application submission and review requirements for
each type of planning and zoning permit.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the proposed
amendments to Article 3 — Zoning Administration and Enforcement.
ATTACHMENTS (1):
1. Draft Article 3 —Zoning Administration and Enforcement
2
ARTICLE 3 ZONING ADMINISTRATION AND ENFORCEMENT
5154.100
Director of Planning
5154.101
Applications Review Process
5154.102
Public Hearing Requirements
5154.103
Permits, Certificates and Licenses
5154.104
Planning Commission
5154.105
Zoning Amendments
5154.106
Conditional Use Permits
5154.107
Interim Use Permits
5154.108
Appeals and the Board of Adjustment
5154.109
Variances
5154.110
Violations and Enforcement
9154.100 Director of Planning
The City Council shall appoint a Director of Planning. The Director of Planning, or his/her designated
agent, shall enforce this chapter and shall perform the following duties:
A. Permits. Issue zoning permits pertaining to the zoning ordinance and make and maintain records
thereof;
B. Inspections. Conduct inspections of buildings and use of land to determine compliance with the
terms of this chapter;
C. Records. Coordinate with the City Clerk to maintain permanent and current records of this
chapter, including but not limited to: all maps, amendments and conditional uses, variances,
appeals and applications therefore;
D. Applications. Receive, file and forward all applications for appeals, variances, conditional uses or
other matters to the designated official bodies;
E. Interpretation. Interpret the provisions of this chapter and related provisions of the City Code,
including determinations of Zoning Use Types and Classifications as specified in 5154.012.
F. Enforcement. Institute in the name of the City any appropriate actions or proceedings to enforce
this chapter;
G. Work Program. Recommend a program of work pursuant to Section 532.032 of the City Code to
the Planning Commission prior to the beginning of each calendar year and at such other times as
the Planning Commission may request.
H. Reporting. Submit a yearly report to the Planning Commission in January of each year
summarizing the activities of the Planning Department during the previous year, including
information related to housing, public infrastructure, City facilities, industrial and commercial
development, enforcement actions, and other such information as the Director of Planning deems
relevant. This report should also include any recommended changes to the Comprehensive Plan or
various land use ordinances.
I. Planning Commission. Serve as an ex -officio, non-voting member of the Planning Commission.
§154.101 Applications and Review Process.
A. Application Form and Fee. The following general provisions apply to all applications required
under this chapter.
1. Application form. All applications for any site plan, conditional use permit, zoning
verification, variance, or for any other City approval required by this chapter, or to amend
this chapter, shall be made in writing on a form provided by the city, to the Director of
Planning.
June 2013 - DRAFT 3-1 Zoning Administration and Enforcement
a. Information required. Every application shall contain the legal description of the property
and a statement of the specific permit or action being sought. In addition, every
application shall include the submission requirements listed in 5154.101,6.1. Nothing in
this section shall be deemed to prevent the city from requesting additional information
from the applicant upon which to base a decision.
2. Fee. The application shall be accompanied by the required fee as established by resolution of
the City Council. If a dispute arises over a specific fee imposed by the city, the amount of the
fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to
district court, as provided by M. S. 462.361 (judicial review), as it may be amended from time
to time. The application shalt proceed as if the fee had been paid, pending a decision of the
court.
B. Application requirements.
1. Submission materials. Submission materials for applications required under this chapter shall
include the following specific information:
a. Site plan drawn to scale showing parcel and building dimensions.
b. Location of all buildings and their size, including square footage.
c. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and
sidewalks.
d. Landscape plans meeting the requirements of Section 155.89 of Article 6 of this Zoning
Ordinance.
e. If grading or storm water management is proposed, grading and storm water, erosion, and
sediment control plans meeting the requirements of 5150.270 through 5150.284, 5151.017,
and 5151.027 of the City Code.
f. Type or types of business or activity and proposed number of employees.
g. Proposed floor plan of any building with use indicated.
h. Building elevation drawings of any new construction or building renovation proposed.
i. Sanitary sewer and water plans with estimated flow rates.
j. Soil type and soil limitations for the intended use. If severe soil limitations for the
intended use are noted, a plan or statement indicating the soil conservation practice or
practices to be used to overcome the limitation shall be made part of the application; and
k. For applications that require a public hearing, a certified list of property owners located
within 350 feet of the subject property obtained from and certified by a licensed
abstractor.
L. The Director of Planning may require that the applicant supply proof of ownership of the
property for which a permit is requested.
m. The Director of Planning may require traffic generation information to determine the
adequacy of existing transportation infrastructure.
n. Such other information as may be required by the Director of Planning, Planning
Commission or City Council.
2. Waiver of submission materials. The Director of Planning may waive certain submission
requirements for projects that will have a minimal impact on surrounding properties or in
instances when said submission requirements are impractical given the nature of the proposed
development.
C. Amended Applications. An amendment to any permit issued under this Chapter shall be processed
in the same manner as a new application.
May 2013 - DRAFT 3-2 Zoning Administration and Enforcement
D. State established time limit for final action. The City shall comply with the time limits as
established by Minnesota Statute 15.99 (time deadline for agency action), as it may be amended
from time to time, with regards to taking action on any applications subject to said Statute.
§154.102 Public Hearing Requirements
This section contains requirements for public hearings held by the Planning Commission, Board of
Adjustment or City Council under this Ordinance.
A. Notification of general public. The Director of Planning shall set the date for a public hearing and
shall have notices of such hearing published in the legal newspaper at least once, and not less than
ten days prior to the hearing.
B. Notification of surrounding property owners. For any application for which a public hearing is
required, the Director of Planning shall notify all property owners within the affected zone and
within three hundred and fifty feet (350') of the outer boundaries of the property in question.
1. Failure of any property owner to receive such notification shall not invalidate the proceedings.
2. The City Council may waive the mailed notice requirements for a city-wide amendment to the
zoning ordinance initiated by the Planning Commission or City Council.
C. Hearing Procedures
1. Public Hearings conducted by the Planning Commission, City Council, and Board of
Adjustment.
a. The Director of Planning or his/her representative shall summarize the application and
any associated information.
b. The applicant shall be allowed to summarize the request and call any witnesses to
support his/her request.
c. The public shall be allowed to make statements concerning the request subject to
reasonable limits that may be set by the body conducting the hearing.
d. The Planning Commission, City Council and Board of Adjustment may establish other
procedures as needed to ensure due process for those parties involved with the
hearing.
2. Appeal Hearings. The Board of Adjustment shall hold a hearing and make a decision on any
appeal submitted in accordance with 5154.108 of this Article. The Board of Adjustment
shall establish rules for due process during appeal hearings and any party to the appeal
may appear at the hearing in person or by agent or attorney. At a minimum, the following
hearing procedure will be followed:
a. Appellant shall present a case and may call any witnesses necessary in support thereof;
b. Respondent may ask questions of appellant's witnesses;
c. Respondent may call witnesses;
d. Appellant may ask questions of respondent's witnesses;
e. Respondent may summarize his or her position;
f. Appellant may summarize his or her position;
g. Generally, the Minnesota District Court Rules of Civil Procedure shall apply for the
conduct of the hearing.
§ 154.103 Permits, Certificates and Licenses
A. Building permits.
June 2013 - DRAFT 3-3 Zoning Administration and Enforcement
1. Compliance. A building permit is required for the construction or structural alteration of a
building or any part thereof. Other construction activity may require a permit in
accordance with the Minnesota State Building Code. Demolition, wrecking or removal of
any structure shall require a demolition or moving permit. No building permit shall be
issued for any construction, enlargement, alteration or repair, demolition or moving of any
building or structure on any lot or parcel until all requirements of the Minnesota State
Building Code as adopted by the City of Lake Elmo pursuant to Chapter 151, Title XV of the
City Code have been fully met.
2. Concurrent applications. If the proposed development requires a zoning amendment,
variance or conditional use permit, or other permit required under this Article, the
applicant shall secure all required permits prior to the issuance of a building permit for
said development.
3. Administrative review of permits for existing platted lots. If the proposed development
does not involve a zoning amendment, variance or conditional use permit, and proposes a
use, structure or expansion of an existing structure on an existing platted lot, the Director
of Planning may review the application and authorize the Building Official to approve or to
deny the permit.
4. Expiration. Any building permit issued by the city shall expire and by limitation be null and
void if a certificate of occupancy and final completion has not been issued within the
following applicable period of time after the date of permit issuance:
a. Single-family residential dwellings, including new construction, remodeling or
additions: 12 months;
b. Multi -family and nonresidential construction: 12 months unless a longer time is
specified by the City Council at the time the original permit is issued;
c. Extension. The Building Official may grant an extension prior to the expiration of any j
building permits in accordance with the Minnesota State Building Code. An expired
building permit may be reissued once, by the Building Official, for one-half the original
permit fee. Thereafter, if the permitted work is not completed within the applicable
time period, a new permit may be issued only upon such conditions as the City Council
by resolution may prescribe, including financial guarantees to guarantee completion by
a specified date.
d. Time limitations for exterior work. All exterior work shall be completed as follows:
i. All disturbed and exposed ground shall be covered with landscaping in accordance
with 5150.070 through 9150.078 of the City Code.
ii. All exterior construction, including siding, roofing, doors, windows and finish shall
be completed and present a finished appearance within 6 months of the start of
construction. Tar paper, unfinished plywood, fiberboard insulation, foam insulation,
brown coat or scratch coat of stucco, plastic sheeting and other similar materials not
designed to be an exterior finish shall not be considered an acceptable exterior finish;
iii. Failure to complete exterior work as required herein shall result in suspension of
the existing permit until a reinstatement fee equal to 100% of the original building
permit has been made. Reinstatement of a building permit does not extend the
original term of the permit. The reinstatement fee shall also be paid prior to re -
issuance of any subsequent permit for exterior work that was not completed under a
prior permit that expired.
B. Certificate of zoning compliance. A certificate of zoning compliance is a zoning permit that is
intended as a means of administratively reviewing a new use, change in use, or structural
change that does not require a building permit.
1. When required. A certificate of zoning compliance is required for the following activities:
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a. A new use classification within an existing building or structure;
b. A change of use classification within an existing building or structure;
c. Addition, removal or change in parking or other on-site improvements;
d. Small accessory structures that do not require a building permit;
e. Home occupations;
f. Swimming pools;
g. Antennas, including amateur radio antennas and wireless communications facilities that
meet the criteria for administrative review in §150.111(C);
h. Fences less than six feet in height;
i. Driveways that are not authorized as part of an approved building permit;
j. Stormwater management activities and structures not otherwise permitted as part of a
development application;
k. Other situations requiring additional review or interpretation, as specified elsewhere in
this Ordinance.
2. Expiration of a certificate of zoning compliance. Where a certificate of zoning
compliance use has been established and is discontinued for any reason for a period of one
(1) year or longer, the certificate of zoning compliance shall become null and void.
C. Certificate of Occupancy. No vacant land shall be occupied or used and no buildings hereafter
erected, altered or moved shall be occupied until a certificate of occupancy has been issued by
the Building Official. Such certificate shall show that the building or premises or part thereof
and the use thereof are in conformity with the Minnesota State Building Code and the
provisions of this chapter. Such certificate shall be issued only when the building or premises
and the use thereof conform to all the requirements of the City Code.
D. Sign permit. A sign permit shall be authorized for a sign that conforms to the sign regulations
in 5154.212. An application, on a form provided by the Director of Planning, shall be
submitted with the required fee by the owner of the proposed sign. The Director of Planning
shall issue a sign permit if all of the regulations in 5154.212 are met.
E. Special Event Permit. A special event permit may be issued for certain events for activities or
events not otherwise permitted under the Zoning Ordinance in accordance with 5110.070 of the
City Code.
F. Grading permit. A permit shalt be required for all non-agricultural project(s) or activities that
will result in the movement of more than fifty (50) cubic yards of earth or the disturbance of
more than one-half acre of land, and for construction of a building or structure on steep
slopes, as specified in Article 6, Section 155.84. The Director of Planning may issue a grading
permit only if the grading plan meets the requirements of the Lake Elmo Storm Water
Management and Erosion and Sediment Control Ordinance,
1. Public hearing. All grading and excavating applications, for the purpose of creating
wetlands, berming, landscape amenities, and other natural features that result in the
moving of more than 400 cubic yards of material per acre of site area shall require a public
hearing.
G. Review of Design or Demolition. For certain development activity as specified in the Lake
Elmo Design Standards Manual, design review is required as part of the approval process for a
permit or certificate under this Ordinance. Alt projects subject to design review shall be
reviewed for conformance with the Lake Elmo Design Standards Manual. Demolition review is
also required prior to the demolition of structures in the VMX District as provided for in Article
11. A separate process for design review or demolition review is not established.
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Review authority. Design review or demolition review shall be the responsibility of the
individual or body authorizing the permit or certificate and shall be incorporated in the
established review of the applicable permit or certificate. For those applications under
this Ordinance that require review by the Planning Commission, the Planning Commission
shall consider the standards in the Lake Elmo Design Standards Manual as part of its
recommendation to the City Council.
2. Review by professional. The authorizing body may request review by a design professional
of the proposed design or demolition. The cost of review by such design professional shall
be charged to the applicant, and shall not exceed $1,000 unless otherwise agreed to by the
applicant.
3. Development Activity Defined. Development Activity includes remodeling, altering, or
repairing a structure in any manner that will change the exterior appearance of said
structure. Development activity also includes the construction of new parking lots and
installation of signage.
a. Exempt Activities. The following shalt activities shall be exempt from review under
this Section:
i. Ordinary repairs and maintenance that will not change the exterior appearance of
a structure;
it. Removal of existing signage without replacement unless said signs are an integral
part of the building;
iii. Emergency repairs ordered by the Director of Planning in order to protect public
health and safety;
iv. Exterior alteration, addition, or repair of a structure used as a single-family
residence.
v. Temporary signage, installed in accordance with 5154.212 of this Ordinance, or
during which time an application for permanent signage is pending under this
Ordinance;
vi. Maintenance of existing signage advertising anon -site business;
vii. Alterations only to the interior of a structure.
4. Demolition Review. The Planning Commission shall review any application for the
demolition of structure within the VMX Village Mixed Use District in accordance with the
standards of 9154.506. No demolition permits shall be issued in the VMX District until this
review has been completed.
5 154.104 Planning Commission
The Planning Commission shall provide assistance to the City Council in the administration of this
chapter. The recommendations of the Planning Commission shall be advisory in nature. Specifically,
the Planning Commission shall review, hold public hearings and make recommendations to the City
Council on all applications for zoning amendments, variances, and conditional use permits using the
criteria of this Article. The Planning Commission shall be formed and operate in conformance with
Chapter 32 of the City Code and specifically with Sections 32.025 through 30.042.
5 154.105 Zoning Amendments
A. Criteria for granting zoning amendments. The City Council may adopt amendments to the
zoning ordinance and zoning map in relation to land uses within a particular district or to the
location of a district line. Such amendments shall be used as a means to reflect changes in the
goals and policies of the city as reflected in the Comprehensive Plan.
B. Types of amendments.
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1. Rezoning. A change in the boundary of a zoning district or a change from one district to
another on the Official Zoning Map, referred to as a rezoning.
2. Text amendment. A change in the text for specific zoning district regulations or any other
provision of this Chapter.
C. Initiation of proceedings. Proceedings for a text amendment or a rezoning may be initiated by
one of the following three methods:
1. By petition of an owner or owners of property that is proposed to be rezoned or for which a
text amendment for a change in a district regulation is proposed;
2. By recommendation of the Planning Commission;
3. By action of the City Council.
D. Application requirements for zoning amendments initiated by petition. A petition for a Zoning
Amendment shall be submitted to the Director of Planning on such form as required by
5154.101 of this Article and accompanied by the following information:
1. Conceptual site plan drawn to scale showing all affected parcels and a general concept for
any proposed development of said parcels.
2. General location of all buildings and their approximate dimensions and square footage.
3. Approximate location of all curb cuts, driveways, access roads, parking areas, off-street
loading areas, and sidewalks.
4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and lawns.
5. Conceptual grading, erosion control, and storm water management plan.
6. Conceptual sewer and water utility plan for the development.
7. Narrative indicating the types of uses or businesses that are contemplated for the
development, number of employees, parking and traffic impacts, and other pertinent
information about the proposed development.
8. The Director of Planning may require the applicant to supply proof of ownership of the
property for which the amendment is requested that illustrates legal or equitable interest
in the property.
E. Hearing requirements. The Planning Commission shall hold a public hearing on each complete
application for a Zoning Amendment as provided in 5154.102 of this Article. After the close of
such hearing, the Planning Commission shall consider findings and shall submit the same
together with its recommendation to the City Council.
F. Effect of denial of application. No application of a property owner for an amendment to the
text of this chapter or the zoning map shall be considered by the Planning Commission within
the one year period following a denial of such request, except the Planning Commission may
permit a new application, if in the opinion of the Planning Commission, new evidence or a
change of circumstances warrant it.
G. Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current City of
Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with the current
Comprehensive Plan, an amendment to the Comprehensive Plan must be requested and
approved prior to or concurrent with the rezoning request.
H. Coordination with adjoining communities. Any zoning district change on land adjacent to or
across a public right-of-way from an adjoining community shall be referred to the Planning
Commission and the adjacent community or county for review and comment prior to action by
the City Council granting or denying the zoning district classification change. A period of at
least ten (10) days shall be provided for receipt of comments. Such comments shall be
considered as advisory only.
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§154.106 Conditional Use Permits
A. Required findings. Conditional use means a land use or development as defined by ordinance
that would not be appropriate generally but may be allowed with appropriate restrictions as
provided by official controls only upon a finding that all of the following provisions are met:
1. The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3. The use or development is compatible with the existing neighborhood.
4. The proposed use meets all specific development standards for such use listed in Article 7
of this Chapter.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Chapter 150, 5150.250 through
150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management).
6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
7. The proposed use will not be hazardous or disturbing to existing or future neighboring uses.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
12. The proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance.
B. Application Requirements. Conditional Use Permit applications shall be submitted to the
Director of Planning on such form and accompanied by such information as required by
5154.101.A of this Article and with the submission materials listed in §154.101.6 of this Article.
C. Public hearing required. The Planning Commission shall hold a public hearing on each
complete application for a conditional use permit as provided in 9154.102 of this Article. After
the close of the hearing on a proposed conditional use permit, the City Planning Commission
shall consider findings and shall submit the same together with its recommendation to the City
Council.
D. Final decision by City Council. The City Council shalt make the final decision on a conditional
use permit after a public hearing by the Planning Commission. The City Council may approve,
approve with conditions or deny the application.
E. Conditions. In reviewing applications for conditional use permits, the Planning Commission and
Council may attach whatever reasonable conditions they deem necessary to mitigate
anticipated adverse impacts associated with these uses, to protect the value of property within
the district and to achieve the goals and objectives of the Comprehensive Plan. In determining
such conditions, special consideration shall be given to protecting immediately adjacent
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properties from objectionable views, noise, traffic and other negative characteristics
associated with such uses.
1. The conditions shall include all specific development standards for such use listed in Article
7 of this Chapter.
2. If the proposed use is in a flood plain management or shoreland area, the conditions shall
include specific standards for such use listed in Chapter 151 (Floodplain Management) and
Chapter 152 (Shoreland Management).
3. in addition, conditions may include, but are not limited to, the following:
a. Controlling the number, area, bulk, height and location of such uses;
b. Regulating ingress and egress to the property and the proposed structures thereon with
particular references to vehicle and pedestrian safety and convenience, traffic flow
and control and access in case of fire or other catastrophe;
c. Regulating off-street parking and loading areas where required;
d. Controlling the location, availability and compatibility of utilities;
e. Requiring berming, fencing, screening, landscaping or other means to protect nearby
property; and
f. Requiring other conditions to create compatibility of appearance with surrounding
uses.
F. Findings for denial. If the Planning Commission recommends denial of a conditional use permit
or the Council orders such denial, it shall include in its recommendation or determination
findings as to the specific ways in which the proposed use does not comply with one or more
specific findings required by this chapter.
G. Permittee. A conditional use permit shall be issued for a particular use and not for a particular
person, except in the case of a permit granted for the uses of land reclamation, mining or soil
or mineral processing. In such cases, a permit shall be issued to the particular person making
application for such permit and such permit shall not be transferred or assigned for use by
another without the written consent of the city. However, such consent by the city shall not be
unreasonably withheld.
H. Periodic review. A periodic review of the use may be attached as a condition of approval of a
conditional use permit.
I. Term of permit. Unless otherwise stipulated, the term shall be the life of the use.
J. Revocation. Failure to comply with any condition set forth in a conditional use permit, or any
other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted in accordance with 5155.102 of this Article.
K. Expiration. If substantial construction has not taken place within 12 months of the date on
which the conditional use permit was granted, the permit is void except that, on application,
the Council, after receiving recommendation from the Planning Commission, may extend the
permit for such additional period as it deems appropriate. If the conditional use is
discontinued for six months, the conditional use permit shall become void. This provision shall
apply to conditional use permits issued prior to the effective date of this chapter, but the
six-month period shall not be deemed to commence until the effective date of this chapter.
5 154.107 Interim Use Permits
A. Purpose and intent. The purpose and intent of allowing interim uses are:
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1. To allow a use for a limited period of time that reasonably utilizes the property where such
use is not consistent with the future land map in the Comprehensive Plan; and
2. To allow a use that is presently acceptable, but that with anticipated development or
redevelopment or other significant change, will not be acceptable in the future or will be
replaced by a permitted or conditional use allowed within the respective district.
B. Required Findings. An interim use permit may be granted only if the City Council finds as
follows:
1. The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust,
or unsightliness and will not otherwise adversely impact the health, safety, and welfare of
the community.
3. The use will not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a
letter of credit or other security acceptable to the city to cover the cost of removing the
interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit.
5. There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel.
6. The date or event terminating the interim use shall be set by the City Council at the time
of approval.
C. Application Requirements. Interim Use Permit applications shall be submitted to the Director
of Planning on such form and accompanied by such information as required by 5154.101.A of
this Article and with the submission materials listed in 5154.101.13 of this Article.
1. Additional Application Requirements: An application for an Interim Use Permit shall
include the following additional information:
a. A letter from the applicant explaining the proposal and stating the date or event that
will terminate the use;
b. A signed consent agreement, subject to review and approval by the City Council
documenting:
i. That the applicant, owner, operator, tenant and/or user has no entitlement to
future approval or reapproval of the interim use permit;
ii. That the interim use will not impose additional costs on the public if it is necessary
for the public to fully or partially take the property in the future; and
iii. That the applicant, owner, operator, tenant and/or user will abide by conditions of
approval that the City Council attaches to the interim use permit.
D. Public Hearing Required. The Planning Commission shall hold a public hearing on each
complete application for a Interim Use Permit as provided in 5154.102 of this Article. After the
close of the hearing on a proposed Interim Use Permit, the City Planning Commission shall
consider findings and shall submit the same together with its recommendation to the City
Council.
E. Final decision by City Council. The City Council shall make the final decision on a Interim Use
Permit after a public hearing by the Planning Commission. The City Council may approve,
approve with conditions or deny the application.
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F. Termination. An interim use shall terminate on the happening of any of the following events,
whichever occurs first:
1. The date or event stated in the permit;
2. Upon violation of conditions under which the permit was issued;
3. Upon a change in the City's zoning regulations which renders the use nonconforming; or
4. 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.
G. Revocation. Failure to comply with any condition set forth in a Interim Use Permit, or any
other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted in accordance with 9155.102 of this Article.
H. Renewal. The following process may be used to renew an active interim use permit that is set
to expire. Terminated or suspended interim use permits cannot be renewed unless the City
Administrator has received and approved a 1 -time 30 -day extension to continue processing the
renewal application.
1. Application. Application requirements for renewal of an existing Interim Use Permit shall
be the same as for a new application.
2. Review. Upon receiving a completed application for an interim use permit renewal, the
Planning Director shall send notice of the requested renewal to all property owners within
350 feet of the parcel(s) containing the interim use. If any objections are raised within 10
days of the mailed notice, the application shalt be processed in the manner of a new
application. If no objections are raised, the Zoning Administrator shall prepare a resolution
of approval outlining the conditions and stipulations of the renewal for consideration by the
City Council. The City Council, at its discretion, may approve or deny the request with
findings. Denial of a renewal request does not constitute termination of the existing
interim use permit.
9154.108 Appeals and the Board of Adjustment
The Board of Adjustment is hereby established pursuant to this chapter and Minnesota law. The Board
of Adjustment (which is the City Council in accordance with 531.10 of the City Code) shall have those
powers and authority as provided by Minnesota law and as hereinafter provided for. The Board of
Adjustment shall be formed and operate in conformance with Chapter 31 of this Code and specifically
with 531.10.
A. Powers of the Board of Adjustment.
1. Review of administrative decisions. The Board of Adjustment shall act upon all questions
as they may arise in the administration of this chapter, including the interpretation of
zoning maps, and it shall hear and decide appeals from and review any order, requirement,
decision or determination made by such an administrative official charged with enforcing
this chapter. Such appeal may be made by any person, firm or corporation aggrieved by an
officer, department, board or bureau of the city.
2. Variances. The Board of Adjustment shall also have the power to grant variances to the
provisions of this chapter under certain conditions. The conditions for the issuance of a
variance are as indicated in 9154.109 of this Article. No use variances (uses different than
those allowed in the district) shall be issued by the Board of Adjustment.
B. Procedures for appeals.
1. Filing of appeals. All appeals to the Board of Adjustment shall be in writing and filed with
the office of the City Clerk within 14 calendar days of the date of mailing of the notice of
the order, requirement, decision or determination from which the appeal is made.
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2. Hearings. The Board of Adjustment shall conduct a hearing regarding all appeals in
accordance with 5154.102.0.2 of this Article.
3. Notice. Written notice of the hearing shall be provided to the parties to the hearing and
mailed not less than 14 days prior to the hearing.
4. Orders. The Board shall, within a reasonable time, make its order deciding the matter and
shall serve a copy of such order upon the appellant or petitioner by mail. The Board of
Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination as in its opinion ought to be made. The reasons for the decision
of the Board of Adjustment shall be stated in the order. A majority vote of the Board of
Adjustment shall be necessary to reverse any decisions of an administrative office of the
city or to decide in favor of the applicant.
5154.109 Variances
A. In general. The Board of Adjustment shall have the power to grant variances to the provisions
of this chapter under the following procedures and standards.
1. A request for a variance from the literal provisions of this chapter may be granted in
instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter. All requests for variances shall be reviewed in accordance with the required
findings listed in 5154.109. F.
B. Use variances prohibited. A variance shall not be granted for any use that is not a listed
permitted or conditional use under this chapter for property in the zone where the property is
located.
C. Application Requirements. Variance applications shall be submitted to the Director of Planning
on such form and accompanied by such information as required by 9154.101.A of this Article
and with the submission materials listed in 5154.101. B of this Article.
D. Hearing requirements. The Planning Commission shall hold a public hearing on each complete
application for a variance as provided in 5154.102 of this Article. After the close of the hearing
on a proposed variance, the City Planning Commission shall consider findings and shall submit
the same together with its recommendation to the Board of Adjustment.
E. Board of Adjustment action. The Board of Adjustment shall receive the recommendation of
the Planning Commission and shall take final action on the variance request. All findings and
decisions of the Board of Adjustments concerning variances shall be final.
F. Required findings. Any action taken by the Board of Adjustment to approve or deny a variance
request shall include the following findings:
Practical Difficulties. A variance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the
strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter.
a. Definition of practical difficulties. "Practical difficulties," as used in connection with
the granting of a variance, means that the property owner proposes to use the property
in a reasonable manner not permitted by an official control.
2. Unique circumstances. The problem for the landowner/applicant which the proposed
variance is intended to correct must be due to circumstances that are unique to the
property in question and that were not created by the land owner/applicant. F
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3. Character of locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
a. Definition of locality. For purposes of this subsection, "locality" shall be defined as all
that property within 350 feet of the property proposed for the variance; however, in all
events, it shall include all parcels abutting the affected parcel, including those
immediately across a public street, alley of other public property.
4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply
of light and air to property adjacent to the property in question or substantially increase
the congestion of the public streets or substantially diminish or impair property values
within the neighborhood.
G. Conditions. The Planning Commission may recommend and the Board of Adjustment may
impose such restrictions and conditions upon the property that is the subject of the variance as
may be necessary to comply with the standards established by this chapter or to reduce or
minimize the effect of such variance upon other properties in the neighborhood and to better
carry out the intent of the variance.
H. Effect of denial. No application by a property owner for a variance shall be submitted to the
Board of Adjustment within a six (6) month period following a denial of such a request unless,
in the opinion of the Board, new evidence of change in circumstances warrant it.
I. Expiration. A variance shall be deemed to authorize only one particular use and shall expire if
work does not commence within twelve (12) months of the date of granting such variance or if
that use ceases for more than six (6) consecutive months.
J. Revocation. The Board of Adjustment may revoke a variance if any conditions established by
the Board as part of granting the variance request are violated.
5154.110 Violations and Enforcement
A. Enforcing officer. It shalt be the duty of the Planning Director to cause the provisions of this
chapter to be properly enforced.
B. Violations.
1. Violations. Any person who shall violate or refuse to comply with any of the provisions of
this Chapter shall be subject to the enforcement and penalty provisions of 510.99 of the
City Code.
C. Investigation and administrative enforcement.
Investigation of violation. The Director of Planning shall investigate alleged violations of
this Chapter. Investigation of a violation may require accessing the property where the
violation is alleged to have occurred. The Director of Planning shall notify the landowner
of the need for investigation and make a reasonable attempt to gain permission from the
landowner for access to the property and structures for investigative purposes. If the
landowner is not responsive, the Director of Planning may, upon probable cause of a
violation, enter upon the property, but not enter any structures, for the sole purpose of
investigation. If access to the property is specifically denied by the landowner, the
Director of Planning shall obtain a judicial order prior to entering upon the property.
Entering a structure for investigative purposes shall occur only upon permission of the
landowner or issuance of a judicial order.
2. Administrative enforcement.
a. Notice of violation. Whenever in the judgment of the Director of Planning a
determination is made upon investigation that a particular permit holder has not
complied with this Chapter, the Director of Planning shall issue written notice of
violation to the owner of record and require him or her to complete the work.
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b. Cease and desist order. Upon investigation, if the Director of Planning has probable /
cause to believe a violation of this Chapter has occurred and that immediate stoppage
of work is necessary to minimize harm caused by such violation, the Director of
Planning may issue a cease and desist order to halt the progress of any property
modification. When any work has been stopped by a cease and desist order, it shall
not be resumed until the reason for the work stoppage has been completely satisfied
and the cease and desist order lifted.
D. Administrative fee for enforcement. The Director of Planning shall charge an administrative
fee, as set by resolution of the City Council, to compensate for time spent involving the
investigation and prosecution of violations, and including any expenses incurred during the
investigation.
E. After the fact appiications and fees. Any person making application for a permit after the
commencement of work requiring a permit, shall be charged an additional administrative fee.
In the event the application for a permit is denied or the action permitted does not include all
or part of the work commenced prior to approval of said permit, the Director of Planning shall
require correction and/or restoration of the concerned property to its original state, including
removal of structures or improvements.
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