HomeMy WebLinkAbout9C Appeal Process Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 5, 2017
AGENDA #: 9C
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
AGENDA ITEM:
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1101
AND SECTION 1109 OF THE PRIOR LAKE ZONING ORDINANCE RELATED
TO APPEAL PROCESS AND A RESOLUTION APPROVING A SUMMARY OF
THE ORDINANCE AND AUTHORIZING ITS PUBLICATION
DISCUSSION: Introduction
The purpose of this item is to consider approval of amendments to Sections 1101,
General Provisions, and 1109, Administration Procedures, of the Zoning Ordi-
nance related to appeals of decisions of the Zoning Administrator, Planning Com-
mission, Board of Adjustments and Appeals and the City Council.
History
Section 1109 of the Zoning Ordinance identifies the process for appeal of an in-
terpretation made by the Zoning Administrator or a decision made by the Planning
Commission, Board of Adjustments and Appeals or the City Council. The City
occasionally receives an appeal of a decision and the current ordinance language
has caused confusion related to the appeal process, the type of information that
may be presented at the appeal hearing and who may be allowed to speak at the
hearing.
Current Circumstances
The City Attorney has prepared amendments to Sections 1101 and 1109 of the
Zoning Ordinance to:
➢ Provide language in the ordinance that clarifies the Planning Commission
serves as the Board of Adjustments and Appeals for the City of Prior Lake;
➢ Provide language that clarifies the Community Development Director serves
as the Zoning Administrator for the City of Prior Lake;
➢ Simplify the ordinance language;
➢ Clarify that an appeal hearing at the City Council may not include new infor-
mation or proposals that were not available to the Planning Commission or
Board of Adjustments and Appeals.
Conclusion
The proposed ordinance amendments will simplify Sections 1101 and 1109 of
the Zoning Ordinance and clarify the appeal process and the type of information
that may be considered upon appeal.
Subsection 1108.600 (Policy for Amendments) of the Zoning Ordinance states,
recommendations of the Planning Commission and final determinations of the
City Council shall be supported by findings addressing the relationship of the pro-
posed amendment to the following policies:
2
In the case of amendments to the formal text of this Ordinance:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the purposes of this Ordi-
nance, the Comprehensive Plan or other adopted plans or policies of the City,
or
➢ The adoption of the amendment is consistent with State and/or federal re-
quirements.
In city staff’s opinion, there is a public need to clarify the ordinance language
related to the appeal process and to clearly identify the process and types of
information that may be considered upon appeal. The proposed amendment ref-
erences and complies with Minnesota State Statute.
The Planning Commission held a public hearing to review the proposed ordi-
nance amendments on August 28, 2017 and unanimously recommended the City
Council approve the amendments to Section 1101 and Section 1109 of the Zon-
ing Ordinance. The Planning Commission did request staff review the proposed
ordinance language and consider amendments to identify the difference between
a ‘public hearing’ and an ‘appeal hearing’. After consulting with the City Attorney,
staff believes the differences between a public hearing and an appeal hearing
have been addressed as clearly as possible. It is difficult to more clearly define
a ‘public hearing’ as the hearings vary depending on the topic and statutory re-
quirements. For this reason, 1109.200 related to public hearings references stat-
utory and Code requirements instead of trying to explain the various regulations
for different types of public hearings. Appeal hearings are defined in Subsections
1109.303 and 1109.403, which identify the process for an appeal hearing before
the Board of Adjustments and Appeals or City Council, the information that can
be presented to both boards and the appropriate person(s) who are able to be
heard.
ISSUES: Prior Lake’s Planning Commission has dual roles, both as a Planning Commis-
sion and as a Board of Adjustments and Appeals. State Statute (462.357, Official
Controls: Zoning Ordinance, Subd. 6, Appeals and Adjustments) identifies the
powers of the Board of Adjustments and Appeals with respect to the zoning ordi-
nance.
The Planning Commission acts as the Board of Adjustments and Appeals when:
➢ Hearing or deciding on appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by an administrative of-
ficer in the enforcement of the zoning ordinance; or
➢ Hearing requests for variances from the requirements of the zoning ordinance
including restrictions placed on nonconformities.
All other actions, such as the review of conditional use permits, preliminary and
final plats, ordinance review, etc., are traditional Planning Commission activities.
FINANCIAL
IMPACT:
By contrast, neither the Planning Commission nor the Board of Adjustments and
Appeals hear appeals related to enforcement actions. Enforcement actions are
heard in civil or criminal court.
City staff does not anticipate financial impacts related to the proposed ordinance
amendment.
3
ALTERNATIVES: 1. Motion and a second to adopt the ordinance and resolution as proposed, or
as may be further amended by the City Council.
2. Motion and a second to deny the ordinance and resolution.
3. Motion and a second to table the item and provide staff with direction.
RECOMMENDED
MOTIONS:
Alternative #1
ATTACHMENTS: 1. Proposed Amendments to Section 1101
2. Proposed Amendments to Section 1109
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-______
AN ORDINANCE AMENDING SECTION 1101, GENERAL PROVISIONS AND
SECTION 1109, ADMINISTRATION PROCEDURES OF THE PRIOR LAKE ZONING ORDINANCE
RELATING TO APPEALS OF DECISIONS OF THE ZONING ADMINISTRATOR, BOARD OF ADJUSTMENTS
AND APPEALS AND THE CITY COUNCIL AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH,
AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. Subsection 1101.204 is hereby amended by replacing the reference to Board of Adjustment in the second
paragraph with Board of Adjustments and Appeals.
2. Subsection 1101.207 has been added, which states, “The Planning Commission shall serve as the Board of
Adjustments and Appeals.”
3. Subsection 1101.208 has been added, which states, “The Community Development Director shall serve as the
Zoning Administrator.”
4. Subsection 1101.302 is deleted in its entirety and replaced with the following:
Appeal of Zoning Administration Decisions. Any order, requirement, decision or determination of the Zoning
Administrator may be appealed to the Board of Adjustments and Appeals under the provisions of Subsection
1109.300.
5. Subsection 1101.304 is hereby amended by replacing the reference to “Board of Adjustment” with “Board of
Adjustments and Appeals.”
6. Subsection 1101.501 (3)d. is hereby amended by deleting the last sentence, which states, “If the Planning
Commission denies the application, the applicant shall have the right to appeal the decision to the City Council
pursuant to Subsection 1109.400 of the City Code.”
7. Subsection 1101.504 (1)e, which states, “Any person aggrieved by the issuance or denial of a permit under this
subsection may appeal the decision of the Zoning Administrator pursuant to City Code subsection 1109.300.” is
hereby deleted.
8. Subsection 1101.900 is hereby amended by deleting the last sentence, which states, “Any decision of the Zoning
Administrator determining Use District boundaries or permitted land uses may be appealed to the Board of
Adjustment under the provision of Subsection 1109.300.”
9. Subsection title 1109.300 in the Table of Contents of Section 1109 is hereby amended by deleting “Zoning Board
of Adjustment” and replacing with “Board of Adjustments and Appeals.”
10. Subsection title 1109.500 in the Table of Contents of Section 1109 is hereby amended by deleting “District” and
now states, “Appeal to Court”.
Page 2 of 4
11. Subsection 1109.101 is hereby amended by deleting “general notification and”.
12. Subsection 1109.102 is hereby deleted in its entirety and replaced with the following:
Interpretation of the Ordinance. The provisions of this subsection are intended to establish guidelines to follow
in clarifying ambiguities that may arise regarding the meaning of text in the Ordinance, the interpretation of the
Zoning Map, or the application of rules and regulations adopted pursuant to this Ordinance. Subject to the
requirements set forth in this subsection, the Zoning Administrator shall render interpretations of any provision
of this Ordinance or any rule or regulation issued pursuant to it.
Any person seeking to establish a use of land or a building which is not specifically listed in any of the use
categories in this Ordinance may ask the Zoning Administrator which category of use shall be applied. The
Zoning Administrator's decision will establish whether the proposed use is permitted under any of the categories
in this Ordinance. The Zoning Administrator shall consider functional similarities between uses listed in the
Ordinance and the proposed use including nuisance characteristics, traffic and hours of operation in making its
determination. The determination of the Zoning Administrator shall be in writing and shall include a statement
whether the use is “not permitted”, "permitted", "permitted with conditions", "permitted as a conditional use" or
"permitted as an accessory use".
Any decision of the Zoning Administrator interpreting this Ordinance, including but not limited to determining Use
District boundaries or permitted land uses, may be appealed to the Board of Adjustments and Appeals u nder
the provisions of subsection 1109.300.
13. Subsection 1109.200 is hereby deleted in its entirety and replaced with the following:
1109.200: PUBLIC HEARINGS. Public hearings shall be noticed, scheduled, held, and decided pursuant to
applicable State statute, City Code and City Bylaws. If the public hearing is related to a specific application
(CUP, variance, subdivision, vacation, etc.) the decision shall be in writing, shall be accompanied by findings
based upon the record and shall be provided to interested parties as required by State statute and City Code
and as determined appropriate by the Zoning Administrator.
For applications within the Shoreland and Flood Plain District, a Notice of the decision must be sent to the
Commissioner of the Department of Natural Resources within 10 days of the date of the decision.
14. Subsections 1109.201, 1109.202, 1109.203, 1109.204, 1109.205, 1109.206 and 1109.207 are hereby deleted
in their entirety.
15. Subsection 1109.300 is hereby amended by deleting, “And The Zoning Board of Adjustment.”
16. Subsection 1109.301 is hereby deleted in its entirety and replaced with the following:
Right to Appeal from the Decision of the Zoning Administrator. Anyone aggrieved (including but not limited
to an applicant, affected property owner, or City staff member) by any order, requirement, decision or
determination of the Zoning Administrator, except for actions taken in connection with enforcement of violations,
may appeal to the Board of Adjustments and Appeals. The appeal shall be made by filing a notice of the appeal
(“Notice”) with the Zoning Administrator within 5 business days of the date of the written decision. The Notice
must include a copy of the decision being appealed, the specific grounds for the appeal and contact information
for the party making the appeal. The applicable fees set forth in the City Fee Schedule shall be paid when the
appeal is filed.
Page 3 of 4
17. Subsection 1109.302 is hereby deleted in its entirety and replaced with the following:
Appeal Hearing. The Zoning Administrator shall schedule an appeal hearing before the Board of Adjustments
and Appeals within 45 days of receiving a Notice. The Zoning Administrator shall provide mailed notice of the
hearing to the party making the appeal, any parties required to be noticed by State statute or City Code, and
any other interested parties determined by the Zoning Administrator.
18. Subsection 1109.303 is hereby deleted in its entirety and replaced with the following:
Decision. At the hearing, the Board of Adjustments and Appeals shall hear such persons as wish to be heard
either in person or by agent or attorney. Within a reasonable time after a hearing, the Board of Adjustments and
Appeals shall issue a decision on the appeal. The decision shall be in writing, shall be accompanied by findings
based upon the record and shall be provided to interested parties as required by State statute and City Code
and as determined appropriate by the Zoning Administrator.
19. Subsection 1109.400 is hereby deleted in its entirety and replaced with the following:
1109.400: APPEAL TO THE CITY COUNCIL.
1109.401 Anyone aggrieved by a decision of the Planning Commission or the Board of Adjustments
and Appeals may appeal to the City Council. The appeal shall be made by filing a notice
of the appeal (“Notice”) with the Zoning Administrator within 5 business days of the date
of the written decision. The Notice must include a copy of the decision being appealed,
the specific grounds for the appeal and contact information for the party making the appeal.
The applicable fees set forth in the City Fee Schedule shall be paid when the appeal is
filed.
1109.402 Appeal Hearing. The Zoning Administrator shall schedule an appeal hearing before the
City Council within 45 days of receiving a Notice. The Zoning Administrator shall provide
mailed notice of the hearing to the party making the appeal, any parties required to be
noticed by State statute or City Code, and any other interested parties determined by the
Zoning Administrator.
1109.403 Decision. At the hearing, the City Council shall hear a report from staff, from the appellant
and from any other parties the City Council determines appropriate to recognize. No new
evidence or information will be permitted at an appeal hearing before the City Council.
Within a reasonable time after a hearing, the City Council shall issue a decision on the
appeal which decision shall affirm, reverse or modify the decision that is being appealed.
The decision shall be in writing, shall be accompanied by findings based upon the record
and shall be provided to interested parties as required by State statute and City Code and
as determined appropriate by the Zoning Administrator
20. Subsection 1109.500 is hereby deleted in its entirety and replaced with the following:
APPEAL COURT. Any person aggrieved by an ordinance, rule, regulation, decision, or order of the City Council
may appeal to court as provided for by law.
21. Subsection 1109.1001 is hereby deleted in its entirety and replaced with the following:
Page 4 of 4
Establishment of City Fees. Each year the City Council establishes fees for the administration and
enforcement of the provisions of this Ordinance. The processes for which fees are established include, but are
not limited to, the following:
➢ Building Permits and Certificates of Occupancy
➢ Conditional Use Permits
➢ Variances
➢ Amendments to the Zoning Ordinance and the Comprehensive Plan
➢ Planned Unit Development Applications
➢ Appeals of the decision of the Zoning Administrator or the Board of Adjustments and Appeals
➢ Site Plan Reviews
➢ Interpretations of the Zoning Ordinance
➢ Sign Permits
22. City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by reference, as though
repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of September 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
A summary of this Ordinance to be published in the Prior Lake American on the 16th day of September 2017.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-____
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS,
On September 5, 2017, the City Council adopted Ordinance No. ____ relating to
appeals to decisions of the Zoning Administrator, Planning Commission, Board of
Adjustments and Appeals and the City Council; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the Ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Section 1101
and Section 1109 of the Prior Lake Zoning Ordinance and has determined the
publication of a summary of this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. _____________ is lengthy.
3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect of the
Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no
smaller than brevier or eight-point type.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after September 5, 2017.
PASSED AND ADOPTED THIS 5th DAY OF SEPTEMBER 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Frank Boyles, City Manager
2
Exhibit A
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 1101, GENERAL PROVISIONS AND
SECTION 1109, ADMINISTRATION PROCEDURES OF THE PRIOR LAKE ZONING
ORDINANCE
RELATING TO APPEALS OF DECISIONS OF THE ZONING ADMINISTRATOR, BOARD OF
ADJUSTMENTS AND APPEALS AND THE CITY COUNCIL AND ADOPTING BY
REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY
PROVISIONS
The following is only a summary of Ordinance No. ____________. The full text will be available
for public inspection after September 5, 2017 by any person during regular office hours at City
Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance clarifies the Planning Commission serves as the Board of
Adjustments and Appeals for the City of Prior Lake; provides for easier interpretation of the
ordinance language; and clarifies what information may be presented to the City Council during
an appeal hearing.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of September 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 16th day of September 2017.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p1
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
1101.100: Purpose and Intent
1101.200: Overview
1101.300: Rules of Construction
1101.400: Definitions
1101.500: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.900: Uses Not Listed
1101.1000: Land Use Descriptions
1101.1100: Motorcycles
EXCERPT
1101.204 The Ordinance provides for procedures and processes that must be followed in
connection with obtaining a Conditional Use Permit, variance, building permit,
ordinance interpretation and activities which require any other permit from the City;
for example, home occupations.
There is also a process whereby an aggrieved party within a specified radius, which
includes the City Staff, may appeal a decision of the Planning Commission, Board of
Adjustments and Appeals or Zoning Administrator and also procedures to request an
amendment to the City's Comprehensive Plan and Zoning Ordinance. Wherever
possible, any costs associated with these processes and procedures are to be born
by the applicant.
1101.207 The Planning Commission shall serve as the Board of Adjustments and Appeals.
1101.208 The Community Development Director shall serve as the Zoning Administrator.
1101.302 Appeal of Zoning Administration Decisions. Any decision order, requirement,
decision or determination of the Zoning Administrator determining zoning district
boundaries or permitted land uses may be appealed to the Board of Adjustments and
Appeals under the provisions of Subsection 1109.300.
1101.304 Effect. This Ordinance shall be construed, if possible, to give effect to all provisions
in this Ordinance. When the words of this Ordinance in their application to an existing
situation are clear and free from all ambiguity, the letter of this Ordinance shall not be
disregarded under the pretext of pursuing the spirit. When the words of this
Ordinance are not explicit, the following factors may be considered:
➢ The occasion and necessity for the Ordinance or specific provision.
➢ The circumstance under which it was enacted.
➢ The mischief to be remedied.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p2
➢ The object to be attained.
➢ The former Zoning Ordinance.
➢ The consequences of a particular interpretation.
➢ Administrative interpretations of this Ordinance and interpretations by the
Board of Adjustments and Appeals and the City Council.
In interpreting this ordinance, the following presumptions apply:
➢ The City Council did not intend a result that is absurd, impossible of execution,
or unreasonable.
➢ The City Council intended the entire Ordinance to be effective and certain.
➢ The City Council did not intend to violate the Constitution of the United States
or of the State of Minnesota.
➢ The City Council intended to favor the public interest as against any private
interest.
1101.501 Lot Provisions. Unless permitted by this Section:
(3) Lots of record - Buildable:
a. A lot of record June 1, 2009 in the "R-1"or "R-2" Use District, which does not
meet either the area or the width requirements of this Ordinance may be utilized for
single family detached dwelling purposes if the dimensions of its area and width are
at least 66 2/3% of the requirements of this Ordinance.
b. Any single family detached dwelling unit which exists on June 1, 2009, the
effective date of this ordinance, on any nonconforming lot located in the R-1 or R-2
Use District which is later destroyed by fire or other natural disaster may be rebuilt if
a building permit for reconstruction is issued within 365 days of its destruction and if
it otherwise conforms with the provisions of this Ordinance. This provision allows a
structure to be rebuilt as long as it meets setback, lot coverage, impervious surface
and other applicable provisions. If the structure does not meet these standards, a
variance will be required.
c. If 2 or more lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of or subsequent to the passage
or amendment of this Ordinance, and if all or part of the lots do not meet the
requirements established for lot area and lot width, the lands involved shall be
considered to be an individual parcel for the purpose of this Ordinance, and no portion
of said parcel shall be used or sold in a manner which diminishes compliance with lot
area or lot width requirements established by the Ordinance, nor shall any division of
any parcel be made which creates a lot with area or width below the requirements of
this Ordinance. If necessary to assure compliance with other provisions of this
Ordinance, the lots shall be combined.
d. Two or more nonconforming lots of record under single ownership separated
by a private road or driveway may be combined and used as a single buildable lot
under the following circumstances:
➢ The property owner must apply to the City for approval of a lot
combination.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p3
➢ The property owner must file a deed restriction or covenants with the Scott
County Recorder in a form acceptable to the City Attorney. This deed
restriction or covenant must include provisions that restrict the
resubdivision of the lot.
➢ There must be an existing principal structure on one lot.
➢ The location of the principal structure on the lot must preclude the ability
to construct a legal accessory structure on that lot.
➢ Any structures on the combined lots must meet the minimum setbacks of
the Use District in which it is located.
➢ In those cases where a detached accessory structure is to be located on
the portion of the lot which is separated from the principal structure by the
private road or driveway and there are existing residential structures
adjacent to or in close proximity to the proposed structure, the Planning
Commission shall hold a public hearing on the request upon receipt of an
application and following the notice requirements for a variance pursuant
to Subsection 1108.404 of the City Code. In evaluating the application,
the Planning Commission shall not apply the hardship criteria for
variances. The Planning Commission review shall determine whether the
design and location of the detached accessory structure is compatible
with the surrounding properties in terms of architecture, buildings
materials and placement on the lot. If the Planning Commission denies
the application, the applicant shall have the right to appeal the decision to
the City Council pursuant to Subsection 1109.400 of the City Code.
1101.504 Fences and Walls. Fences and walls are subject to the provisions in this subsection.
For the purposes of this subsection, the “height” of a fence or wall shall be measured
from the ground level to the top of the fence or wall section; if a fence or wall has
variable heights the average height of the fence or wall shall be the fence or wall
“height”.
(1) Permit Required. A permit shall be obtained prior to the installation of any fence or
wall as follows:
a. A zoning permit shall be obtained prior to the installation of a fence or wall less
than seven (7) feet in height. A site plan showing the location of the fence in
relation to the property lines and structures shall be submitted with the permit
application.
b. A building permit shall be obtained prior to the installation of a fence or wall seven
(7) feet in height or more. A fence or wall seven (7) feet in height or more shall
be considered a structure and shall meet all Minnesota State Building Code
requirements for a structure.
c. Applications shall be on a form furnished by the City and shall be submitted to
the Zoning Administrator or his/her designee.
d. The Zoning Administrator or his/her designee shall review the application for
compliance with this subsection and for the effect of the fence or wall on the public
health, safety and welfare. The Zoning Administrator or his/her designee shall
either (i) issue the permit; or (ii) deny the permit, informing the applicant in writing
of the reasons for denial.
e. Any person aggrieved by the issuance or denial of a permit under this subsection
may appeal the decision of the Zoning Administrator pursuant to City Code
subsection 1109.300.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1101/p4
1101.900: USES NOT LISTED: Any person seeking to establish a use of land or a building
which is not specifically listed in any of the use categories in this Ordinance may ask
the Zoning Administrator which category of use shall be applied. The Zoning
Administrator's decision will establish whether the proposed use is permitted under
any of the categories in this Ordinance. The Zoning Administrator shall consider
functional similarities between uses listed in the Ordinance and the proposed use
including nuisance characteristics, traffic, appearance and mode and hours of
operation in making this determination. The determination of the Zoning
Administrator shall be in writing and shall include a statement whether the use is
"permitted", "permitted with conditions", "permitted as a conditional use" or "permitted
as an accessory use". If the Zoning Administrator determines that the proposed use
is not permitted under any category, that conclusion shall be stated in the written
determination.
Any decision of the Zoning Administrator determining Use District boundaries or
permitted land uses may be appealed to the Board of Adjustment under the
provisions of Subsection 1109.300.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p1
SECTION 1109
ADMINISTRATION PROCEDURES
SUBSECTIONS
1109.100: Administration
1109.200: Public Deliberations and Hearings
1109.300: Appeals from the Decision of the Zoning Administrator and the Board of
Adjustments and AppealsZoning Board of Adjustment
1109.400: Appeal to the City Council
1109.500: Appeal to District Court
1109.600: Building Permits
1109.700: Requirements for Certificates of Surveys as Part of the Building Permit
Applications
1109.800: Certificate of Occupancy
1109.900: Enforcement
1109.1000: City Fees
EXCERPT
1109.100: ADMINISTRATION
1109.101 Purpose and Intent: The purpose of this subsection is to outline the general
administration procedures and provisions of this Ordinance. General
administration functions deal with matters such as the interpretation of the
ordinance, appeals of the decision of the Zoning Administrator or other appointed
bodies, general notification and public hearing requirements, enforcement of the
Ordinance, building permits, certificates of occupancy, application fees, and other
administrative procedures.
1109.102 Interpretation of the Ordinance. The provisions of this subsection are intended
to establish guidelines to follow in clarifying ambiguities that may arise regarding
the meaning of text in the Ordinance, the interpretation of the Zoning Map, or the
application of rules and regulations adopted pursuant to this Ordinance. Subject
to the requirements set forth in this subsection, the Zoning Administrator shall
render interpretations of any provision of this Ordinance or any rule or regulation
issued pursuant to it.
Any person seeking to establish a use of land or a building which is not specifically
listed in any of the use categories in this Ordinance may ask the Zoning
Administrator which category of use shall be applied. The Zoning Administrator's
decision will establish whether the proposed use is permitted under any of the
categories in this Ordinance. The Zoning Administrator shall consider functional
similarities between uses listed in the Ordinance and the proposed use including
nuisance characteristics, traffic appearance and mode and hours of operation in
making its determination. The determination of the Zoning Administrator shall be
in writing and shall include a statement whether the use is “not permitted”,
"permitted", "permitted with conditions", "permitted as a conditional use" or
"permitted as an accessory use". If the Zoning Administrator determines that the
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p2
proposed use is not permitted under any category, that conclusion shall be stated
in the written determination.
Any decision of the Zoning Administrator interpreting this Ordinance, including but
not limited to determining Use District boundaries or permitted land uses, may be
appealed to the Zoning Board of Adjustments and Appeals under the provisions of
subsection 1109.300.
1109.200: PUBLIC DELIBERATIONS AND HEARINGS. Public hearings shall be noticed,
scheduled, held, and decided pursuant to applicable State statute, City Code and
City Bylaws. The requirements of this subsection identify the general procedures
applicable to all public hearings conducted in the administration of this Ordinance.
If the public hearing is related to a specific application (CUP, variance, subdivision,
vacation, etc.) the decision shall be in writing, shall be accompanied by findings
based upon the record and shall be provided to interested parties as required by
State statute and City Code and as determined appropriate by the Zoning
Administrator.
For applications within the Shoreland and Flood Plain District, a Notice of the
decision must be sent to the Commissioner of the Department of Natural
Resources within 10 days of the date of the decision.
1109.201 Responsibilities of the Zoning Administrator. The Zoning Administrator,
subject to further direction of the governing body, shall perform the following duties
related to public hearings resulting from the administration of this Ordinance, and
consistent with the other provisions of this Ordinance:
➢ Schedule and assign the matter for review and hearing.
➢ Conduct the correspondence of the hearing body.
➢ Give notice.
➢ Maintain a record and enter into the record relevant dates such as those of
giving notice, hearings, postponement and continuances, and a summary
of the action taken by the hearing body.
➢ Except in cases of the City Council, prepare minutes of the hearing, which
include the decision on the matter heard and the reasons for the decision.
➢ Reduce the decisions of the hearing body to writing within a reasonable
time.
➢ Mail a copy of the decision to a party requesting the same upon payment
of a reasonable fee, if a fee has been established.
1109.202 Notice of Hearing. Notice of a hearing shall contain the following information:
➢ The date, time and place of the hearing.
➢ Where the hearing involves a development application for a specific parcel
of land, a description reasonably calculated to inform a person of the
location of the property for which the action is pending, including but not
limited to the use of a map or a postal address and subdivision lot and block
designation, a metes and bounds description or the tax map designation
assigned by the County Auditor.
➢ The nature of the issue up for hearing.
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p3
➢ The sections of the Ordinance pertinent to the hearing procedure.
➢ Where and when information regarding the application may be examined,
and when and how written comments addressing findings required for a
decision by the hearing body may be submitted.
1109.203 Procedure for Mailed Notice. A notice of the hearing shall be mailed at least 10
days before the date of the hearing to each owner of the affected property and the
owners of record of property located wholly or partly within 350 feet of the property
for which the application has been filed. For Comprehensive Plan Amendments,
notice shall be mailed to the owners of record of property located within 500 feet
of the property for which the application has been filed.
Addresses for mailed notices required by this Ordinance shall be obtained from a
certified abstract company. A copy of the notice and a list of the owners and
addresses to which the notice was sent shall be attested to by the person giving
the notice and shall be made a part of the record of the proceedings. The failure
to give mailed notice to individual property owners or defects in the notice shall not
invalidate the proceedings provided a bona fide attempt has been made to comply
with this subsection.
For Conditional Use Permits, Variances or other applications within the Shoreland
and Flood Plain Districts, a notice of the public hearing must also be mailed to the
Commissioner of the Department of Natural Resources and the appropriate
Watershed District at least 10 days prior to the hearing date.
For Conditional Use Permits, Rezoning and Comprehensive Plan Amendments, a
notice of the application shall be posted on the site. The notice shall include a
description of the application type and a phone number for further information.
1109.204 Procedure for Published Notice. A notice of the time, place and purpose of the
hearing shall be published in the official newspaper of the City at least 10 days
prior to the date of the hearing.
1109.205 Rules of Evidence. The public hearing is neither an administrative nor adversary
proceeding. Nevertheless, it is necessary that certain rules of procedure and
evidence be followed in order to preserve the issue before the hearing body and
to protect the rights of the interested parties. To this end, the presiding officer may
make rulings as are necessary to preserve fairness, order or proper decorum. The
presiding officer, any member of the governing body, the attorney, the Zoning
Administrator, or any interested party may object to and the presiding officer may
exclude any evidence, testimony or comment which is incompetent, irrelevant,
immaterial or unduly repetitious to preserve the issue before the governing body.
The presiding officer, any member of the governing body, the City Attorney and
the Zoning Administrator may question any person giving a summation,
presentation or comment. Any affected parties may offer evidence or testimony in
explanation or rebuttal only with respect to evidence or testimony which was not
presented at a previous review proceeding, and the presiding office may determine
that testimony for such purposes shall be limited in duration.
1109.206 Decision. Following the hearing, the hearing body shall, within the time limits
imposed by this Ordinance and by Minnesota Statutes, approve, approve with
conditions, or deny the application or, if the hearing is in the nature of an appeal,
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p4
affirm, reverse or remand the decision that is on appeal. The final decision on a
matter may be extended for a reasonable period of time by agreement between
the applicant and the hearing body, but not to exceed 6 months from the date of
the first hearing on the matter.
For applications within the Shoreland and Flood Plain District, a Notice of the
decision must be sent to the Commissioner of the Department of Natural
Resources within 10 days of the date of the decision.
1109.207 Findings of Fact. The hearing body shall prepare findings of fact which shall
include:
➢ A statement of the applicable criteria and standards against which the
proposal was tested.
➢ The reasons supporting a conclusion to approve or deny an application
with or without conditions.
➢ The decision to approve or deny the proposed application and any
conditions which may be attached to the decision.
1109.300: APPEALS FROM THE DECISION OF THE ZONING ADMINISTRATOR AND
THE ZONING BOARD OF ADJUSTMENT.
1109.301 Right to Appeal from the Decision of the Zoning Administrator. Anyone
aggrieved (including but not limited to an applicant, affected property owner, or
City staff member) by any order, requirement, decision or determination of the
Zoning Administrator, except for actions taken in connection with enforcement of
violations, may appeal to the Board of Adjustments and Appeals. The appeal shall
be made by filing a notice of the appeal (“Notice”) with the Zoning Administrator
within 5 business days of the date of the written decision. The Notice must include
a copy of the decision being appealed, the specific grounds for the appeal and
contact information for the party making the appeal. The applicable fees set forth
in the City Fee Schedule shall be paid when the appeal is filed.
At any time within 5 business days after a written order, requirement, permit, decision, refusal, or
determination by the Zoning Administrator has been made interpreting or applying
this Ordinance, except for actions taken in connection with prosecutions for
violation hereof, the applicant or any other person affected by it, or an officer or
department representative of the City may appeal the decision to the Board of
Adjustment by filing a Notice of Appeal with the Community Development and
Natural Resources Department addressed to the Board of Adjustment stating the
action appealed from and stating the specific grounds for the appeal.
1109.302 AppealSetting a Public Hearing. The Zoning Administrator City shall
sscheduleet an appeal hearing before Public Hearing for the appeal by the Board
of Adjustments and Appeals within to be held not less than 10 days nor more than
45 days of receiving aafter it receives a Notice of Appeal. The Zoning
Administrator shall provide mailed notice of the hearing to the party making the
appeal, any parties required to be noticed by State stat ute or City Code, and any
other interested parties determined by the Zoning Administrator. Notice of the
hearing on the appeal before the Board of Adjustment shall be given by mail to all
applicants pursuant to subsection 1109.200. A notice of hearing shall be published
in the official newspaper of the City at least 10 days before the hearing date if the
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p5
appeal involves the determination of boundary lines of a Use District. Any
interested party may appear at the public hearing in person or by agent or attorney.
1109.303 Board of Adjustment to Decisionde. At the hearing, the Board of Adjustments
and Appeals shall hear such persons as wish to be heard either in person or by
agent or attorney. Within a reasonable time after a hearing, the Board of
Adjustments and Appeals shall issue a decision on the appeal. The decision shall
be in writing, shall be accompanied by findings based upon the record and shall
be provided to interested parties as required by State statute and City Code and
as determined appropriate by the Zoning Administrator.
The Board of Adjustment shall determine all appeals from any written order, requirement, permit,
decision, refusal, or determination of the Zoning Administrator; and from any
interpretation of the text of this Ordinance, the location of boundaries of a Use
District as shown on the Zoning Map. The decision of the Board of Adjustment
shall be by resolution. The resolution shall be adopted by a majority vote of all
members present and voting on the issues presented by the appeal. In making
the decision, members of the Board of Adjustment shall consider the questions
raised in light of the general purpose of this ordinance and the Comprehensive
Plan. A copy of the resolution of the Board of Adjustment shall be mailed to the
applicant.
1109.400: APPEAL TO THE CITY COUNCIL.
1109.401 Anyone aggrieved by a decision of the Planning Commission or the Bboard of
Adjustments and Appeals may appeal to the City Council. The appeal shall be
made by filing a notice of the appeal (“Notice”) with the Zoning Administrator within
5 business days of the date of the written decision. The Notice must include a
copy of the decision being appealed, the specific grounds for the appeal and
contact information for the party making the appeal. The applicable fees set forth
in the City Fee Schedule shall be paid when the appeal is filed.
1109.402 Appeal Hearing. The Zoning Administrator shall schedule an appeal hearing
before the City Council within 45 days of receiving a Notice. The Zoning
Administrator shall provide mailed notice of the hearing to the party making the
appeal, any parties required to be noticed by State statute or City Code, and any
other interested parties determined by the Zoning Administrator.
1109.403 Decision. At the hearing, the City Council shall hear a report from staff, from the
appellant and from any other parties the City Council determines appropriate to
recognize. No new evidence or information will be permitted at an appeal hearing
before the City Council. Within a reasonable time after a hearing, the City Council
shall issue a decision on the appeal which decision shall affirm, reverse or modify
the decision that is being appealed. The decision shall be in writing, shall be
accompanied by findings based upon the record and shall be provided to
interested parties as required by State statute and City Code and as determined
appropriate by the Zoning Administrator
Any owner of affected property or any owner of property situated wholly or partly within 350 feet
of the affected property or any officer or department representative of the City may
appeal the decision of the Board of Adjustment to the City Council. The appeal
must be in writing and must be filed with the Zoning Administrator within 5 business
Zoning Ordinance
City of Prior Lake
June 1, 2009 1109/p6
days after the date of the Board of Adjustment decision. The required fee shall be
paid when the appeal request is filed. When an appeal is received by the City, the
applicant will be notified of the date and time the City Council will hear the appeal.
No appeal will be heard until all owners of property within 350 feet of the subject
property are notified of the date scheduled for the appeal hearing. Notice shall be
provided in the manner set out in subsection 1109.200. The City Council shall
hear the appeal within 30 days of the filing of the appeal unless that period is
extended with consent of the appellant. The City Council may uphold the decision
of the Planning Commission, or where applicable, acting as the Board of
Adjustment, may affirm the decision of the Planning Commission or Board of
Adjustment. The City Council may reverse a decision of the Board of Adjustment
by an affirmative vote of the majority of its full membership. The City Council shall
render a decision within 30 days of the conclusion of the appeal hearing.
1109.500: APPEAL TO DISTRICT COURT. Any person aggrieved by an ordinance, rule,
regulation, decision, or order of the City Council may appeal to court as provided
for by law. shall have 30 days from the date of the decision to appeal the decision
to the district court.
1109.1001 Establishment of City Fees. Each year, by resolution, the City Council
establishes fees for the administration and enforcement of the provisions of this
Ordinance. The processes for which fees are established include, but are not
limited to, the following:
➢ Building Permits and Certificates of Occupancy
➢ Conditional Use Permits
➢ Variances
➢ Amendments to the Zoning Ordinance and the Comprehensive Plan
➢ Planned Unit Development Applications
➢ Appeals to of the decision of the Zoning Administrator or the Zoning Board
of Adjustments and Appeals
➢ Site Plan Reviews
➢ Interpretations of the Zoning Ordinance
➢ Sign Permits