HomeMy WebLinkAboutOrdinance 52.07 Administration
ORDINANCE 52 – ZONING ORDINANCE
Section 52.07: ADMINISTRATION
Subd. 1: Board of Appeals and Adjustments.
a) Board. Members of the City Planning Commission shall serve as members of the
Board of Appeals and Adjustments for periods commensurate with their
respective terms of office as members of the City Planning Commission. The City
Council shall appoint the City Administrator/Clerk of the Board as the Secretary.
b) Procedure. Four (4) members of the Board constitute a quorum and a majority of
all the members of the Board is necessary for any decision of the Board. If only
four members of the Board are present, a unanimous vote is required. The
Chairman of the Planning Commission shall be the Chairman of the Board.
Subject to the provisions of this Ordinance, the Board may adopt rules necessary
to the conduct of its affairs. The Chairman or, in his absence, the acting
Chairman, may administer oaths to witnesses. All meetings shall be opened to the
public. The Board shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to vote, indicating such
fact. The Board shall keep records of its examinations and other official actions.
c) Powers and Duties of Board.
1. The Board shall have the power and duty of hearing and deciding, subject
to approval by the City Council as herein provided, appeals or requests in
the following cases:
A. Appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative
officer in the enforcement of this Ordinance.
B. Requests for variances from the literal provisions of this Ordinance
in instances where their strict enforcement would cause undue
hardship because of circumstances unique to the individual
property under consideration.
2. Planning Commission Duties Distinguished. The Planning Commission
shall have the power to consider special use permit applications and
applications for amendments to the zoning ordinances or rezoning.
3. Review of Appeals Decisions. No permit shall be issued under the
provisions of this section unless and until a decision of the board, as
aforesaid, approving the same, is approved and confirmed by the City
Council. In reporting its decision to the City Council, the board shall
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report its findings with respect thereto and all facts in connection
therewith, and shall specifically and fully set forth any adjustment or
variance granted and the conditions designated. Upon receipt of such
report, the Council either shall by resolution approve and confirm the
decision, whereupon the permit as applied for may be issued, or shall
refuse to approve and confirm the decision. In all cases in which
adjustments or variances are granted under the provisions of this section,
the Board and Council shall require such evidence and guarantees as it
may deem necessary to insure compliance with the conditions designated
in connection therewith.
Subd. 2: Variances.
a) Administration. A variance may be granted to allow a property owner to deviate
from the specific development standards applicable to a particular district. A
variance shall not be granted to allow a use that is not otherwise permitted in the
district involved. In granting a variance the Board, or the Council in reviewing the
Board's decision, may prescribe appropriate conditions in conformity with this
Ordinance to protect properties and the health and safety of persons residing or
working in the neighborhood. When such conditions are made part of the terms
under which the variance is granted, violation of the conditions is a violation of
this Ordinance. A variance shall not be granted by the Board, or by the Council
upon review, unless they find the following facts:
1. That there are exceptional or extraordinary circumstances or conditions
applying to the property in question as to the intended use of the property
that do not apply generally to other properties in the same zoning district.
The exceptional or extraordinary circumstances must not be the result of
actions taken by the petitioner.
2. That the literal interpretation of the provisions of this Ordinance would
deprive the petitioner of rights commonly enjoyed by other properties in
the same district under the terms of this Ordinance.
3. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands in the
same district.
4. That the proposed variance will not impair an adequate supply of light and
air to adjacent property, or diminish or impair established property values
within the surrounding area, or in any other respect impair the public
health, safety or welfare of the residents of the City.
5. That the condition or situation of a specific piece of property, or the
intended use of said property, for which the variance was sought, is not of
so general or recurrent a nature as to make reasonably practicable the
formulation of a general regulation for such conditions or a situation.
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6. That the variance requested is the minimum variance which would
alleviate the hardship on the particular property.
7. That the variance would not be materially detrimental to the purposes of
the zoning ordinances or property within the same zoning classification.
b) Variance Procedure. Application for a variance or appeal under the provisions of
this section shall be made to the City Administrator/Clerk in the form of a written
application, called a Development Review Application. The Development
Review Application must be submitted three weeks prior to a variance request.
1. The City Administrator/Clerk shall review all Development Review
Applications and upon completion of the requirements of the application
shall schedule a public hearing. The City Administrator/Clerk shall have
ten (10) days to review the application for completeness. Notice of such
hearing shall be mailed not less than ten (10) days nor more than thirty
(30) days to property owners within 350 feet of the affected parcel as
determined by the City Administrator/Clerk. Such notice shall also be
published in the official newspaper within the above time period. Failure
of a property owner to receive said notice shall not invalidate any such
proceedings.
2. A variance of this Zoning Ordinance shall be by majority vote of the full
Board of Appeals and Adjustments.
3. If the Board of Appeals and Adjustments determines that the application
be granted, the Board of Appeals and Adjustments shall make its
recommendation to the City Council within thirty (30) days of such
determination. Upon receipt of such report, the City Council shall either
by resolution approve and confirm the decision, whereupon the permit as
applied for may be issued, or shall refuse to approve and confirm the
decision. If the City Council acts on an application granted by the Board
of Appeals and Adjustments, the City Council shall make its order
deciding the matter and serve a copy of such order upon the appellant or
the petitioner by mail within ten (10) days after its decision.
4. If the Board of Appeals and Adjustments denies the application the Board
shall make its order and serve a copy of such order upon the appellant or
petitioner by mail within ten (10) days after its decision. The appellant or
petitioner may appeal the decision of the Board of Appeals and
Adjustments to the City Council by filing a written request of appeal with
the City Administrator/Clerk ten (10) days after receipt of the written
denial from the Board of Appeals and Adjustments. The City Council
shall review the decision of the Board of Appeals and Adjustments within
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thirty (30) days after notice of said appeal. The City Council shall make
its order deciding the matter and serve a copy of such order upon the
appellant or the petitioner by mail within ten (10) days after its decision.
c) Successive Applications. Whenever an application for a variance has been
considered and denied by the City Council, a similar application for a variance
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, unless a decision to reconsider such matter is made by not less than
four-fifths (4/5) vote of the full City Council.
d) Lapse of Variance. If within one (l) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a
petition for an extension has been approved by the City Council.
Subd. 3: Special Use Permit.
a) Purpose and Scope. The purpose of this Section of the Zoning Ordinance is to
provide the Planning Commission and City Council with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the
general welfare and public safety.
b) Issuance. Special use permits may be issued for any of the following:
1. Any of the uses or purposes for which such permits are required or
permitted by the provisions of this Ordinance.
2. Public utility or public service uses or public building in any district when
found to be necessary for the public health, safety, convenience or welfare.
3. To classify as a conforming use any non-conforming institutional use
existing in any district at the time of the establishment of such district.
c) Application. Applications for Special Use Permits and required fees shall be
submitted the City Administrator/Clerk. The application shall be accompanied by
a site plan containing such information as is necessary to show compliance with
this Ordinance, including but not limited to:
1. Description of site (legal description).
2. Site plan drawn at scale showing parcel and building dimensions.
3. Location of all buildings and their square footage, and the location of
easements.
4. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas and sidewalks.
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5. Landscaping and screening plans.
6. Drainage and erosion control plan with pertinent elevations.
7. Sanitary sewer and water plan with estimated use per day.
8. Soil type, the location of wetlands as defined by Minnesota Statute
1036.005, Subd. 19, or absence thereof as verified by a statement from the
Stearns County Environmental Services Office.
9. Any additional written or graphic data reasonably required by the City
Administrator/Clerk or the Planning Commission.
10. Proof that the Applicant is the owner of the parcel in question.
d) Procedure. The City Administrator/Clerk shall forward said application to the
Planning Commission for consideration at their next regular meeting.
1. The City Administrator/Clerk shall review all Development Review
Applications and upon verification that the Application is complete and
meets the requirements of the Ordinance, the City Administrator/Clerk
shall schedule a public hearing. The City Administrator/Clerk shall
complete the review process within ten (10) days of receipt of the
Application. Notice of such hearing shall be published in accordance with
State Law and notice shall be published at least once in the official paper
of the City and mailed to individual properties within three hundred fifty
(350) feet of the parcel included in the request not less than ten (10) days
nor more than thirty (30) days prior to the date of said hearing. Failure of
a property owner to receive said notice shall not invalidate any such
proceedings.
2. The Planning Commission shall consider possible adverse effects of the
proposed special use and what additional requirements may be necessary
to reduce any adverse effects, and shall make a recommendation to the
City Council within the guidelines as mandated by State Law.
3. The City Council shall act upon the report and recommendation from the
Planning Commission within the guidelines as mandated by State Law.
Upon receiving the report and recommendation from the Planning
Commission, the City Council shall have the option of holding a public
hearing if necessary and may impose any conditions deemed necessary.
Approval of a special use permit shall require passage by a majority vote
of the full City Council.
e) Standards. The Planning Commission shall recommend a special use permit and
the Council shall order the issuance of such permit if the application conforms to
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the specific standards set forth below, as it would apply to the particular use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, morals,
comfort, convenience or general welfare of the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of
the comprehensive plan of the City and this Ordinance.
3. Will be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character
of that area.
4. Will not be hazardous or disturbing to existing of future neighboring uses.
5. 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.
6. 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.
7. 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.
8. Will have vehicular approaches to the property which are so designed as
not to create traffic congestion or an interference with traffic or
surrounding public thoroughfares.
9. Will have adequate facilities to provide sufficient off-street parking and
loading space to serve the proposed use.
10. Will not result in the destruction, loss or damage of a natural, scenic, or
historic feature of major importance.
f) Denial for Non-Compliance. If the Planning Commission recommends denial of
a special use permit or the Council orders such denial, it shall include in its
recommendations or determination findings as to the ways in which the proposed
use does not comply with the standards required by this Ordinance.
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g) Appeals. All decisions by the Council involving a special use permit shall be
final except that an aggrieved person or persons shall have the right to file an
appeal within thirty (30) days of the decision with the Stearns County District
Court.
h) Conditions. In recommending or approving any special use permit, the Planning
Commission and the Council may impose conditions which are considered
necessary to meet the standards of this Ordinance and to protect the best interests
of the surrounding area or the City as a whole. Violation of any such condition is
a violation of this Ordinance. These conditions may include but are not limited
to the following:
1. Ingress and egress to property and proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other catastrophe.
2. Off-street parking and loading areas where required and the economic
effect, noise, glare, or odor of the special use on nearby property.
3. Refuse and service areas.
4. Utilities with reference to location, availability and compatibility.
5. Diking, fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in
the district.
7. Required yards and other open space.
8. General compatibility with adjacent and other property in the district.
i) Successive Applications. Whenever an application for a special use permit has
been considered and denied by the City Council, a similar application for a
special use permit 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, unless a decision to reconsider such matter is
made by not less than four-fifths (4/5) vote of the full City Council.
j) Expiration. If substantial construction has not taken place within one (l) year after
the date of a special use permit, the permit is void except that, on application, the
Council, after receiving the recommendation of the Planning Commission, may
extend the permit for an additional period not to exceed one (l) year. A special
use permit authorizes only the conditional use specified in the permit and expires
if, for any reason, the authorized use ceases for more than one (l) year.
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Subd. 4. Interim Use Permit.
a) Purpose. The purpose and intent of allowing interim uses is:
1. To allow a use for a limited period of time that reasonably utilizes the
property in the manner not permitted in the applicable zoning district.
2. To allow a use that is presently acceptable but that, with anticipated
development, may not be acceptable in the future.
b) Application, Public Hearing, Notice and Procedure. The application, public
notice and procedure requirements for interim use permits shall be the same as
those for Special Use Permits as provided in Section 52.7, Subd. 3 of this
Ordinance.
c) Standards. The Planning Commission shall recommend an interim use permit and
the Council shall issue such interim use permits only if it finds that such use at the
proposed location:
1. Meets the standards of a special use permit set forth in Section 52.7, Subd
3, of this Ordinance.
2. Conforms to the zoning regulations, performance standards and other
requirements of this Ordinance.
3. Is allowed as an interim use in the applicable zoning district.
4. Will terminate upon a tangible date or event specified in the resolution
approving said interim use permit.
5. Will not impose, by agreement, additional costs on the public if it is
necessary for the public to take the property in the future.
6. Will be subjected to, by agreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use, including
a condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and any interim structures upon
the expiration of the interim use permit.
d) Termination. An interim use permit shall terminate upon the occurrence of any of
the following events; whichever first occurs:
1. The date specified in the permit;
2. A violation of the conditions under which the permit was issued; or
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3. A change in the City’s zoning regulations which render the use
nonconforming.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit 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, unless a decision to reconsider such matter is
made by not less than four-fifths (4/5) vote of the full City Council.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court.”
Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning
Map.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50%) of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City’s Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
to the Commission for study and report, and the Council shall not act on
the amendment until it has received the recommendation of the Planning
Commission or until sixty (60) days have elapsed from the date of
reference of the amendment without a report by the Planning Commission.
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2. Before any amendment is adopted, the Planning Commission shall hold at
least one (l) public hearing thereon after a notice of the hearing has been
published in the official newspaper at least ten (10) days and no more than
thirty (30) days prior to the hearing. When an amendment involves
changes in district boundaries affecting an area of five (5) acres or less, a
similar notice shall be mailed at least ten (10) days and no more than thirty
(30) days before the day of the hearing to each owner of affected property
situated wholly or partly within three hundred fifty (350) feet of the
property to which the amendment relates.
3. Following the hearing the Planning Commission shall make a report of its
findings and, unless the amendment has been initiated by the Commission
and the Commission determines not to recommend it to the Council, it
shall file a copy with the City Administrator/Clerk within fourteen (14)
days of the meeting at which the date of the hearing was set. When the
amendment has not been initiated by the Planning Commission, the report
shall, in any event, be filed not later than sixty (60) days from the date of
reference of the amendment to the Commission. Failure of the Planning
Commission so to report on an amendment not initiated by it is deemed to
be approval by the Commission of the amendment.
d) Action by City Council.
1. Upon the filing of such report, or upon the failure of the Planning
Commission to file such a report within the time prescribed by Section
52.07; Subd. 5 c) 3. on an amendment proposed by petition or by the
Council, the City Council shall hold such public hearings as it deems
advisable. After the conclusion of the hearings, if any, the Council may
adopt the amendment or any part thereof in such form as it deems
advisable. The amendment shall be effective only if two-thirds (2/3) of all
members of the Council concur in its passage.
2. If the City Council approves a rezoning request, the City shall record the
amendment at the Office of the County Recorder at the applicant’s
expense.
3. The City Council shall amend its Official Zoning Map to reflect the
rezoning.
Subd. 6. Fees and Contents of Petitions for Amendments, Appeals, Adjustments, Special
Use Permits and Variances.
a) Payment Required. Any person filing a petition requesting an amendment,
appeal, adjustment, special use permit or variance shall pay a fee according to the
schedule established by the City Council.
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b) Amount. Fees payable under this section for an amendment or rezoning, appeal,
special use permit, or variance shall be in an amount as established by resolution
of the City Council. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any other
cost, including but not limited to, postage and publication expenses, the applicants
shall reimburse the City for those fees, and the City officials may require a
deposit for these fees prior to the final hearing on the application.
c) Contents of Petition. The petition shall give the street address of the land as to
which the petition is made, contain a legal description thereof, state the mailing
address of the owner, and clearly describe the structure to be built or altered if the
petition is granted, or if the petition is for a change in any regulations of this
Ordinance, it shall state the change and the reasons therefore. The petition shall
also contain any other information which is required by other Sections of this
Ordinance. The Planning Commission may require the petitioner to submit a
certificate by a registered land surveyor verifying the front, rear and side-yard
setbacks of all buildings and structures situated on or adjacent to the property
described in the petition.
d) Successive Applications. 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, unless a decision to reconsider such matter is made by
not less than four-fifths (4/5) vote of the full City Council.”
Subd. 7. General Requirements for Petitions for Amendments, Appeals, Adjustments,
Special Use Permits and Variances.
Any person filling a petition requesting an amendment, appeal, adjustment, special use
permit or variance shall meet the general requirements for City approvals under Section 14.06 of
the St. Joseph Code of Ordinances.
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