(A) Applicability.
(1) The appeal of Zoning Code interpretation process shall facilitate review of questions of interpretation that arise in the administration of this chapter, including review of any order, requirement, decision, or determination made by the Zoning Administrator.
(2) Appeals of an administrative decision or requests for interpretation may be made by the owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought.
(B) Submission. The application for an appeal of Zoning Code interpretation shall be filed pursuant to § 151.06.11(D) Application Materials and Fees within 30 days of the alleged grievance or judgment in question.
(C) Stay of proceedings. An appeal of Zoning Code interpretation shall put on hold the decision appealed unless the officer whose decision is being appealed certifies in writing to the City Council that a stay would, in their opinion, cause imminent peril to life or property.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable city staff for review.
(2) Decision.
(a) The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.
(b) The City Council shall render its decision either at the termination of the hearing or within 30 days thereafter.
(c) The final disposition of an appeal or application shall be in the form of a written decision or order signed by the Mayor and the City Clerk. Such decision shall state the reasons for the City Council's determination with findings of fact and conclusions of law. Conditions imposed in any permit shall be stated in the decision or order embodying the City Council's decision and shall also be set forth in any permits issued under that order by the Zoning Administrator and/or Inspection Department.
(E) Criteria for review. In considering an appeal of Zoning Code interpretation, the City Council shall consider, but not be limited to, the following criteria:
(1) Consistency with the Comprehensive Plan, including its goals, objectives, and policies;
(2) The plain meaning of the regulation;
(3) Surplus language;
(4) Conflicting provisions; and
(5) Policy history.
(F) Effect of approval.
(1) A certified copy of the City Council decision, containing identifiable description and any specific requirements for approval, may be recorded by the City of Lindstrom with the Office of the Chisago County Register of Deeds for the subject property.
(2) Interpretations approved by the City Council shall expire one year after issuance if the performance of work is required and substantial work has not commenced.
(3) A permit shall be valid only as long as the conditions upon which it is granted are observed.
(G) Reconsideration. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator.
(Ord. 20220120-01, passed 1-20-22)