(A) Review and certification procedure. In order to ensure that the standards herein are not nullified by unjustified exceptions in particular cases and to promote uniformity in the treatment of application for the exceptions, a review and certification procedure is hereby established for certain zoning decisions. These certain decisions consist of any decisions which directly affect the use land within the CR and CS Districts and are one of the following types of action:
(1) Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land;
(2) Granting a variance from a provision of this subchapter which relates to the zoning dimension provisions of Minn. Rules, part 6105.0110 and any other zoning dimension provisions established in the management plan; and
(3) Approving a plat which is inconsistent with this subchapter.
(B) Certification. No action shall be effective unless and until the Commissioner of Natural Resources has certified that the action complies with the State Wild and Scenic Rivers Act being M.S. §§ 103F.301 through 103F.345, the statewide standards and criteria and the management plan; and conforms to the following decision guides.
(1) A land use ordinance or amendment must comply with the act, the statewide standards and criteria and the management plan.
(2) The granting of a variance complies with the provisions contained in § 152.792 of this subchapter and requires the presence of all of the following conditions.
(a) The strict enforcement of the land use controls will result in unnecessary hardship. Hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use under the conditions allowed by the zoning provisions. Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of this chapter.
(b) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with Minn. Rules, parts 6105.1550 through 6105.1700.
(c) There are exceptional circumstances unique to the subject property which were not created by the landowner.
(d) Granting the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located.
(e) Granting of the variance will not alter the essential character of the locality.
(f) Exception. Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width requirements of this section.
(3) Approval of a plat which is inconsistent with this subchapter is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
(C) Procedures for certification.
(1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances or inconsistent plats under the zoning regulations shall be received by the Commissioner of Natural Resources at least 30 days prior to the hearings or meetings to consider the actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat or a description of the requested variance.
(2) The city shall notify the Commissioner of Natural Resources of its final decision on the proposed action, within ten days of the decision.
(3) The Commissioner of Natural Resources shall, no later than 30 days from the time he or she receives notice of the final decision, communicate to the city either:
(a) Certification of approval, with or without conditions; or
(b) Notice of non-approval.
(4) The action becomes effective when and only when either:
(a) The final decision taken by the city has previously received certification of approval from the Commissioner of Natural Resources;
(b) The city receives certification of approval after its final decision;
(c) Thirty days have elapsed from the date the Commissioner of Natural Resources received notice of the final decision, and the city has received from the Commissioner of Natural Resources neither certification of approval nor notice of non-approval; or
(d) The Commissioner of Natural Resources certifies his or her approval after conducting a public hearing.
(5) In the case of a notice of non-approval of an ordinance or a variance or an inconsistent plat, either the applicant, or the chief executive officer of the county or municipality, may within 30 days of the notice, file with the Commissioner of Natural Resources a demand for hearing. If the demand for hearing is not made within the 30 days, the notice of non-approval becomes final.
(a) The hearing shall be held in an appropriate local community within 60 days of the demand for it but not before two weeks published notice. Notice and the conduct of the hearing and the allocation of costs of the hearing shall be accomplished in the same manner as provided in M.S. § 103F.373, as it may be amended from time to time.
(b) Within 30 days after the hearing, the Commissioner of Natural Resources shall either certify his or her approval of the proposed action, or deny it. His or her decision shall be based upon findings of fact made on substantial evidence found in the hearing record. If the Commissioner of Natural Resources concludes that the proposed action satisfies the standards and criteria of Minn. Rules, part 6105.0230, subpart 2, then he or she shall certify his or her approval; otherwise, he or she shall deny it.
(D) Conditional use permits. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days prior to a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of the action.
(E) Plats. Copies of all plats shall be forwarded to the Commissioner within ten days of approval by the city.
(Prior Code, § 11-82-9) (Ord. 258, passed 5-4-2006)