(A) Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matter requiring the approvals of the Zoning Administrator with the goal of protecting the health, safety and welfare of the citizens of the city.
(B) Application. Requests for administrative permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a deposit and fee per the city’s current fee schedule. The application shall also include the information required below, however, the Zoning Administrator may waive submission information not deemed necessary for the administrative review:
(1) Name and mailing address of the applicant;
(2) The legal property description of the land involved in the request, including the street address, if any, of the property;
(3) The names and mailing addresses of the owners of the property and any other persons having a legal interest therein;
(4) Site plan drawn to scale, dimensions indicated, including proposed structure, house, existing accessory buildings, well, septic system (tank and drainfield), adjacent public streets, driveway, location of existing and proposed utility lines, lot size and lot dimensions:
(a) Distance between existing structures, proposed structures, well and septic system;
(b) Setbacks of existing and proposed structures from lot lines, non-buildable easements, public street right-of-way line or centerline, shoreline, bluffline or crest of slope 18% or steeper; and
(c) Possible location of any and all detached accessory buildings permitted by this chapter for the property for which the application is being made.
(5) Landscaping and screening plans including species and size of trees and shrubs proposed;
(6) Finished grading and drainage plans sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;
(7) Type of business or activity and proposed number of employees or occupants;
(8) Proposed floor plan and elevations of all buildings with use indicated;
(9) Photometric lighting plan;
(10) Soil type and soil limitations for the intended use: A plan or statement indicating the soil conservation practice or practices to be used to overcome any soil limitation shall be made part of the application;
(11) A location map showing the parcel’s general location within the city;
(12) Proof of ownership of the property for which the application is submitted, consisting of an abstract of title or registered property certificate certified by a licensed abstractor, or a title opinion prepared by an attorney licensed to practice in the state, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership; and
(13) An accurate list showing the names and mailing addresses of the recorded owner of all property within a minimum of 500 feet of the boundaries of the property for which the application is submitted, the accuracy if which is verified by the applicant.
(C) Administrative action. The Zoning Administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application unless the review is extended as allowed by M.S. § 15.99, as it may be amended from time to time.
(D) Review criteria. The Zoning Administrator shall consider possible adverse effects of the proposed administrative permit. This decision shall be based upon (but not limited to) the following factors.
(1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the city’s Comprehensive Plan.
(2) The proposed use is or will be compatible with present and future land uses of the area.
(3) The proposed use conforms with all performance standards contained herein.
(4) The use, event or activity is allowed by administrative permit and conforms to the applicable standards outlined in the zoning district in which the use, event or activity is proposed.
(E) Approval report. A written report or letter of approval shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances and the standards of this chapter shall be attached to the permit or letter.
(F) Non-compliance. Determination of non-compliance with applicable codes, ordinances and the standards in this chapter shall be communicated to the applicant in writing and the application of the permit shall be considered denied; unless, within ten days of the date of the notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance.
(G) Disputes. Unresolved disputes as to administrative application of the requirements of this chapter shall be subject to appeal to the City Council.
(H) Administration and enforcement.
(1) The Zoning Administrator shall keep a record of applications and administrative permits or approvals.
(2) A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator.
(3) (a) Enforcement of the provisions of this chapter shall be in accordance with § 153.009 of this code.
(b) Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications.
(Prior Code, § 12-79) (Ord. 2004-16, passed 12-21-2004; Ord. 02-2009, passed 4-21-2009) Penalty, see § 153.999