(A) Administrative procedure.
(1) In addition to the applicable administrative procedures set forth in the zoning ordinance, the following procedures shall be implemented with respect to land, subject to this chapter.
(a) A public hearing shall be held by the local authority for all zoning district amendments, conditional use permits, subdivision and Variances.
(b) No less than 20 days prior to the public hearing, the Zoning Administrator shall send notice and copies of the applicant's information as specified in division (C) below to the following agencies for review and comment:
1. Department of Natural Resources;
2. City Planning Commission;
3. Middle St. Croix WMO and Watershed District;
4. Valley Branch Watershed District.
(2) The applicant for any permit requiring a public hearing shall submit to the City Council at least 30 days prior to such hearing, an abstractors certificate showing the names and addresses of all property owners within 500 feet of the affected incorporated areas, or one-half mile in unincorporated areas, the affected Board of Town Supervisors, and the Municipal Council of any municipality within two miles of the affected property.
(3) Notice of the purpose, time and place of any such public hearing shall be mailed to all property owners and the elected officials listed in division (A)(2) above by the local authority at least ten days prior to the date of the hearing.
(4) Notice of the purpose, time and place of any such public hearing shall be published in the official newspaper of the affected communities at least ten days prior to the date of the hearing.
(B) Forwarding of a final decision. The City Council shall forward decisions within ten days of final action on all conditional use permits and subdivisions to the Commissioner of Natural Resources.
(C) Permit process.
St. Croix Riverway Ordinance Permits | Urban District |
St. Croix Riverway Ordinance Permits | Urban District | |
Amendments to district boundary | PH - CC | |
Amendments to ordinance | PH - CC | |
Building permits | LP | |
Conditional use permits | PH - FD | |
Grading permits | LP | |
Plats and cluster developments | PH - WA - FD | |
Septic permits | LP | |
Tree cutting permits | LP | |
Variances | PH - CC | |
CC - Certification by the Commissioner of Natural Resources prior to final local approval. - Local authority forwards any decisions to the Commissioner of Natural Resources within ten days after taking final action LP - Permit issued by the local authority in accordance with this chapter and all other local permits. PH - Public hearing necessary by the local authority giving 20 days notice of meeting to the Commissioner of Natural Resources and other agencies listed in division (A)(1)(b) above. WA - The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives preliminary approval, a written review and approval of the project. | ||
(D) Variances.
(1) Variances shall only be granted where there are practical difficulties in complying with the official control. 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; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the Variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subdivision 15, when in harmony with the ordinance. No Variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The Variance, if granted, must be in harmony with the general purpose and intent of the ordinance and consistent with the comprehensive plan. Conditions may be imposed in the granting of a Variance. A condition must be directly related to and must bear a rough proportionality to the impact crated by the Variance.
(2) The formal public hearing for a Variance shall be held by the City Council as set forth in the zoning ordinance.
(E) Requirements of the applicant for a public hearing. The applicant shall submit sufficient copies of the following information and additional information as requested to the local authority 30 days prior to the public hearing on the application for a conditional use, Variance or subdivision:
(1) Plat of survey showing the property location, boundaries, dimensions, elevations, Blufflines, utility and roadway corridors, the Ordinary High Water Mark, floodway and floodplain;
(2) The most recent aerial photo of the property with property lines drawn in;
(3) Location of existing and proposed Structures including height and Setback dimensions;
(4) Location of existing and proposed alterations of vegetation and topography;
(5) Stormwater management and erosion control plans and supporting calculations as may be required by this and other city regulations;
(6) Adjoining water-oriented uses;
(7) Suitability of the area for on-site waste disposal. Type, size and location of the system shall be indicated. If a public or municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement from the municipality or sanitary authority indicating that the system has the capacity to handle the development;
(8) Water supply system; and
(9) An estimate of permanent and transient residents.
(F) Factors to be considered. When considering a proposal or zoning amendment within the St. Croix River District, the City Council shall address the following items in making its decisions:
(1) Preserving the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river;
(2) The maintenance of safe and healthful conditions;
(3) The prevention and control of water pollution, including sedimentation;
(4) The location of the site with respect to floodways, floodplains, Slopes and Blufflines.
(5) The erosion potential of the site based on degree and direction of Slope, soil type and vegetative cover;
(6) Potential impact on game and fish habitat;
(7) Location of the site with respect to existing or future access roads;
(8) The amount of wastes to be generated and the adequacy of the proposed disposal systems;
(9) The anticipated demand for police, fire, medical and school services and facilities; and
(10) The compatibility of the proposed development with uses on adjacent land.
Penalty, see § 10.99