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HomeMy WebLinkAbout117-16 Appeal Process 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 117-16 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. CITY OF-PRIOR'-LAKE ORDINANCE NO,117-16 AN ORDINANCE AMENDING SECTION 1101,GENERAL PROVISIONS AND SECTION 1109, ADMINISTRATION PROCEDURES OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO APPEALS OF DECISIONS OF THEZONING ADMINISTRATOR,BOARD Affidavit of Publication OF ADJUSTMENTS AND APPEALS AND THE, CITY AND COUNCIL Southwest Newspapers COUNCILADOPTING: BY REFERENCE CITY CODE' PART 1 WHICH,AMONG OTHER THINGS,CONTAINS PENALTY PROVISIONS State Of Minnesota) The following is only a )SS. summary of Ordinance No.117-16. The full text will be available for County Of Scott 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. Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized SUMMARY: The Ordinance agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- c 1 a r f i e s the Planning dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as Commission serves as the Board of Adjustments and Appeals for follows: the City of Prior Lake;provides for easier interpretation of (A)These newspapers have complied with the requirements constituting qualification as a legal the ordinance language; and newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as clarifies what'information may amended. be presented to the City Council during an appeal hearing. (B)The printed public notice that is attached to this Affidavit and identified as No. c y This ordinance shall become published on the date or dates and in the newspaper stated in the attached Notice and said effective from and ':after its was p p p passage and publication. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Passed by the City Council of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both the City of Prior Lake this 51 day inclusive,and is hereby acknowledged as being the kind and size of type used in the composition of September 2017. and publication of the Notice: ATTEST: Frank Boyles, abcdefghijklmnopgrstuvwxyz City Manager Kirt Briggs Mayor (Published in the Prior By; Lake American on ''Saturday, Laurie A.Hartmann September 16,2017;No 7034) ' Subscribed and sworn before me on � J thisR da of e r `% `r i 2017 Y F" r r C` f JY' vi1,17 JEANNETTE SARK NOTARY PL'©UC MINNESOTA r Y f` ' %5Y CQk1di5Si(Yd MKS01131/18 No ry� u lic f RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch Maximum rate allowed by law for the above matter.................................$31.20 per column inch Rate actually charged for the above matter.............................................. $12.59 per column inch