2.a) Administration-Permitting and Review Procedures ,
City of Scandia Development Code Update
Administration/ Permitting and Review Procedures
1. Land Use Categories
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Permitted Uses Primary Uses Uses allowed "by right" so No permit(except a building permit, None N/A
long as all setbacks, and/or site plan review, as applicable)
performance standards or or public process typically required if
other ordinance requirements all standards are met..
aze met.
Accessory (Defined but A use incidental or No permit(except a building permit, None N/A
Uses not Listed) subordinate to the principal and/or site plan review, as applicable)
use of the same land. Cannot or public process typically required if
exist without a principal use. all standards are met.
Conditional (Same) A use that is allowed in the Public hearing by Planning Published in legal Must be
Uses (CUP) district, but subject to Commission, approval by City Council. newspaper, established
conditions as may be Resolution with conditions is recorded, mailed notice % within 1 year
necessary to ensure with the runs with the land. Once established, mile or nearest 10 of approval
general and specific does not expire. Permits may be property owners. or expires.
performance standards in the revoked using same procedure by
code. (MS 462.3595) which they are issued. Conditional (Publication and Expires if
uses may also require building permit 350 ft notice use is
and/or site plan review, as applicable. required by discontinued
statute.) for 1 year.
Resubmission of denied application
barred for one year(also applies to
amendments.
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For Discussion,January 12, 2010 1 (�
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Interim Uses (Defined but A temporary use of property Same procedures as a Conditional Use Published in legal As specified
(IUP) not Listed) until a particular date,until the Permit, except that the use will newspaper, in permit.
occurrence of a particular terminate as provided by the permit, or mailed notice '/
event, or until zoning if specified conditions aze violated. mile or nearest 10
regulations no longer permit property owners.
it. (MS 462.3597)
(Publication and
350 ft notice
required by
statute.)
Uses by Certificate of Delegates zoning approval to In county code, on which current code No publication or Must be
Administrative Compliance staff; typically for uses fully in is based, CC approval is a staff function notice required. established
Permit(AP) (CC) compliance with defined (Zoning Administrator). Township within 1 year
conditions or performance adaptation defined Zoning of approval
standards. , Administrator as the governing body or expires.
(Board/Council.) Current
administration includes some aspects of
CUP process(i.e. public hearing for
revocation.) Uses now allowed by CC
should be assessed to determine the
appropriate category(permitted, CUP,
NP or administrative. The new
Administrative Permit should be uses
that can be approved by staff, reducing
time and cost to property owner.
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For Discussion,January 12, 2010 2
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2. Other Zoning Procedures
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Amendment to (Same) Changes to the map of zoning Public hearing by Planning Published in legal N/A
Development districts (rezoning) or text of Commission, approval of zoning newspaper,
Code or the development code, or any ordinance or plan amendment by City mailed notice %
Comprehensive change to the adopted Council. Requires super-majority(2/3) mile.
Plan Comprehensive Plan vote of entire Council for amendment
to Comp. Plan, and for a rezoning of (Publication
residential to commercial use. required by
statute [MS
Resubmission of denied application 462.357]; 350 ft
barred for one year (also applies to notice required
CUPs.) for a rezoning
less than 5 acres)
Variance (Same) Board of Zoning Appeals may Current ordinance requires public Published in legal No
grant modification of zoning hearing by Planning Commission, newspaper,
standards in exceptional approval by City Council sitting as the mailed notice 500
circumstances were strict Board of Zoning Appeals. feet or nearest 10
enforcement would cause property owners.
undue hardship. (LJse (Planning Commission review not
variances prohibited except as required by statute.) (Published/
provided by statute.) mailed notice is
not required by
statute. Must
notify DNR in
Shoreland/
Floodplain
Overla Districts
For Discussion,January 12, 2010 3
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Appeal Not Specified Board of Zoning Appeals may Procedure for submitting an appeal will N/A N/A
hear and decide appeals when be included in draft code.
it is alleged there is an error in
any action of an
administrative officer in the
enforcement of the zoning
ordinance (MS 462.357 Subd.
6 (1))
Site Plan New; may Process for enforcing all Draft code will include a pre- Published notice Draft will
Review (New) replace performance and design application sketch plan review (non- not typically require
Certificate of standards, for all types of uses binding) and review by Planning required; could issuance of
Compliance whether permitted, Commission and approval by City decide to provide building
(CC) for conditional, interim, etc. Council for major projects. mailed notice to permit
some projects Primarily used for new or Administrative approval for minor surrounding within 1
expanded non;residential projects may be provided. Process property owners year, with
projects but may be applied to would be concurrent with other if desired. extension
other uses. applications required for the project possible.
(CUP, Variance, etc.)
Environmental Brief Process for coordinating state Local ordinance may supplement the May supplement N/A
Review reference(Ch. environmental review procedures found in MN Rules Chapter Rules procedure
1 Sec. 11) program (EAW/EIS) with 4410. Could provide guidance to staff with published or
local permitting requirements. for preparation/approval of EAW, mailed notices.
review by Planning Commission during
EAW comment period.
For Discussion,January 12, 2010 4
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Official Maps Brief Official map allows city to Draft code will include a procedure use Draft will be as N/A
reference(in identify land needed for of authority for official maps as provided by
variance streets and other public provided by MN Statutes 462.351 to statute; published
section) purposes. Once map is 462.36. Planning Commission reviews in official
adopted,building permit may official map; adopted by Council. newspaper,
be denied, subject to an appeal Appeals to Zoning Board of Appeals mailed notice
process. (Council.) landowner or
abutting property
owner.
For Discussion,January 12, 2010 5