And Enforcement
The specific duties of the Zoning Administrator include:
Minn. Stat. § 462.354, require any municipality having in effect a Zoning Ordinance to provide by Ordinance for a Board of Appeals and Adjustments. Such statutes also state that the governing body may provide alternatively that there be a separate Board of Appeals and Adjustments or that the governing body, the Planning Commission, or a committee of the Planning Commission serve as the Board of Appeals and Adjustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct.
1. Amendments. No Zoning Ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the Planning Commission or by the City Council. Notice of the public hearing shall be provided as stated in this section.
2. Conditional Use Permits. Public hearings are required for Conditional Use Permits and notice thereof shall be provided as stated in this section.
3. Variances. Public hearings are not required by the State for variances; however, the City of Chaska has determined that public hearings shall be held for variances which exceed the applicable zoning requirements by more than 30 percent. In such event, notice shall be provided as stated in this section.
4. Other Actions. For any other action that requires a public hearing the applicant shall provide notice thereof as stated in this section.
B. Notice.
1. Public Hearings. Whenever required by this Ordinance for a public hearing, a notice of the time, day, date, place, and purpose of the hearing shall be published in Chaska’s official newspaper at least ten (10) days prior to the day of the hearing. When the notice relates to an amendment involving changes in district boundaries affecting an area of five (5) acres or less, any application listed above in subsection 15.08.050 (A), or a neighborhood meeting, then a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the notice relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. 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 responsible person and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. The Zoning Administrator may require an expanded mailing list whenever warranted based upon the nature of the application, scope and intensity of impact upon the neighborhood, and geography or condition of the lands near the subject property.
Fees for building permits, occupancy permits, variances, Conditional Use Permits and amendments shall be as established from time to time by resolution of the City Council.
Violation of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both, and in addition shall pay costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
Any person aggrieved by a decision or order of the City Council or Board of Appeals acting pursuant to this Ordinance may have such decision or order reviewed by an appropriate remedy in the district court, subject to the provisions of State Law.
A. General. The purpose of the neighborhood meeting is to provide an opportunity for informal communication between applicants, occupants, and owners of nearby properties that may be affected by a proposed development application, educate the occupants and owners about the proposed development application, receive comments and address concerns about the proposed development application, incorporate feedback and input into development proposals wherever possible, and proactively resolve conflicts and outstanding issues, where possible.
B. Neighborhood Meeting Required. A neighborhood meeting shall be held prior to submitting an application for any of the following:
1. Site plan review 2. Conditional Use Permits 3. Variances 4. Concept Plan for a new Planned Development District 5. Amendment to a Planned Development District 6. Preliminary Plat 7. Rezoning 8. Text amendment to this Ordinance 9. Amendments to the current Comprehensive Plan; and 10. Any other request under this Ordinance that requires a public hearing.
C. Exceptions. The Zoning Administrator may waive the requirement to hold a neighborhood meeting if (i) there is no adjacent neighborhood to be impacted by the application or (ii) a neighborhood meeting has been previously held for the same development application. Further, neighborhood meetings under this section shall not be required for the following:
1. Changes to the Comprehensive Plan that are part of the decennial review process; 2. Text amendments to this Ordinance when initiated by the City; and 3. Any other instance in which the City would be considered the applicant/developer.
D. Procedure. Neighborhood meetings should generally comply with the following procedures:
1. Timing. A neighborhood meeting shall be held before, but not more than six (6) months prior to, submitting an application to the Zoning Administrator. Failure to do so may result in delay or denial of the related application.
2. Day, Time, and Place. The neighborhood meeting should be held during the hours of 6:00 p.m. to 9:00 p.m., on a Monday through Friday, and at a place that is accessible to the general public and convenient to the residents of the neighborhood surrounding the proposed project. A neighborhood meeting may be held at different times or days (i) upon neighborhood request, (ii) if the applicant holds multiple neighborhood meetings and at least one such meeting is held at a time and day stated above, or (iii) if the applicant works with the Zoning Administrator to propose alternative times or days that best meet the needs of the neighborhood. A neighborhood meeting shall not be held on a Federal or State holiday.
3. Notice. Notice shall be provided in accordance with CZO 15.08.050. Additionally, the applicant shall provide notice to (i) any neighborhood organization that represents the citizens within the notice area, (ii) the Zoning Administrator, (iii) the Planning Commission, and (iv) the City Council.
4. Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and applications that are expected to be submitted to the City, answer questions from attendees, and discuss ways in which to resolve the attendees’ concerns.
E. Post Meeting Requirements. A summary of the neighborhood meeting(s) shall be included with any applications submitted to the Zoning Administrator. Failure to submit a complete summary shall result in the respective application being deemed incomplete. The summary shall include:
1. The day, date, time, location, and purpose of the neighborhood meeting(s); 2. A copy of the mailed notice and a list of the people and addresses to whom the notice was sent; 3. The number of attendees and whether anyone attended via telephone or interactive technology; 4. A copy of all materials presented or provided during the meeting; 5. The comments and questions presented by the attendees; 6. The responses to the questions from the attendees; and 7. An explanation of the ways in which the submitted application demonstrates a response to the feedback provided during the neighborhood meeting(s).
F. Nothing shall prevent the applicant from holding, or the Planning Commission or City Council from requiring, additional neighborhood meetings.
G. Failure to give posted, mailed, or published notice as required by this chapter, defects in any notice, or irregularities in the neighborhood meeting shall not invalidate the proceedings if a bona fide attempt to comply with the requirements of this section has been made.
The failure to post notice as required by this section shall not invalidate the proceedings if a bona fide attempt to comply with the requirements of this section has been made.
And Enforcement
The specific duties of the Zoning Administrator include:
Minn. Stat. § 462.354, require any municipality having in effect a Zoning Ordinance to provide by Ordinance for a Board of Appeals and Adjustments. Such statutes also state that the governing body may provide alternatively that there be a separate Board of Appeals and Adjustments or that the governing body, the Planning Commission, or a committee of the Planning Commission serve as the Board of Appeals and Adjustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct.
1. Amendments. No Zoning Ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the Planning Commission or by the City Council. Notice of the public hearing shall be provided as stated in this section.
2. Conditional Use Permits. Public hearings are required for Conditional Use Permits and notice thereof shall be provided as stated in this section.
3. Variances. Public hearings are not required by the State for variances; however, the City of Chaska has determined that public hearings shall be held for variances which exceed the applicable zoning requirements by more than 30 percent. In such event, notice shall be provided as stated in this section.
4. Other Actions. For any other action that requires a public hearing the applicant shall provide notice thereof as stated in this section.
B. Notice.
1. Public Hearings. Whenever required by this Ordinance for a public hearing, a notice of the time, day, date, place, and purpose of the hearing shall be published in Chaska’s official newspaper at least ten (10) days prior to the day of the hearing. When the notice relates to an amendment involving changes in district boundaries affecting an area of five (5) acres or less, any application listed above in subsection 15.08.050 (A), or a neighborhood meeting, then a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the notice relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. 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 responsible person and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. The Zoning Administrator may require an expanded mailing list whenever warranted based upon the nature of the application, scope and intensity of impact upon the neighborhood, and geography or condition of the lands near the subject property.
Fees for building permits, occupancy permits, variances, Conditional Use Permits and amendments shall be as established from time to time by resolution of the City Council.
Violation of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both, and in addition shall pay costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
Any person aggrieved by a decision or order of the City Council or Board of Appeals acting pursuant to this Ordinance may have such decision or order reviewed by an appropriate remedy in the district court, subject to the provisions of State Law.
A. General. The purpose of the neighborhood meeting is to provide an opportunity for informal communication between applicants, occupants, and owners of nearby properties that may be affected by a proposed development application, educate the occupants and owners about the proposed development application, receive comments and address concerns about the proposed development application, incorporate feedback and input into development proposals wherever possible, and proactively resolve conflicts and outstanding issues, where possible.
B. Neighborhood Meeting Required. A neighborhood meeting shall be held prior to submitting an application for any of the following:
1. Site plan review 2. Conditional Use Permits 3. Variances 4. Concept Plan for a new Planned Development District 5. Amendment to a Planned Development District 6. Preliminary Plat 7. Rezoning 8. Text amendment to this Ordinance 9. Amendments to the current Comprehensive Plan; and 10. Any other request under this Ordinance that requires a public hearing.
C. Exceptions. The Zoning Administrator may waive the requirement to hold a neighborhood meeting if (i) there is no adjacent neighborhood to be impacted by the application or (ii) a neighborhood meeting has been previously held for the same development application. Further, neighborhood meetings under this section shall not be required for the following:
1. Changes to the Comprehensive Plan that are part of the decennial review process; 2. Text amendments to this Ordinance when initiated by the City; and 3. Any other instance in which the City would be considered the applicant/developer.
D. Procedure. Neighborhood meetings should generally comply with the following procedures:
1. Timing. A neighborhood meeting shall be held before, but not more than six (6) months prior to, submitting an application to the Zoning Administrator. Failure to do so may result in delay or denial of the related application.
2. Day, Time, and Place. The neighborhood meeting should be held during the hours of 6:00 p.m. to 9:00 p.m., on a Monday through Friday, and at a place that is accessible to the general public and convenient to the residents of the neighborhood surrounding the proposed project. A neighborhood meeting may be held at different times or days (i) upon neighborhood request, (ii) if the applicant holds multiple neighborhood meetings and at least one such meeting is held at a time and day stated above, or (iii) if the applicant works with the Zoning Administrator to propose alternative times or days that best meet the needs of the neighborhood. A neighborhood meeting shall not be held on a Federal or State holiday.
3. Notice. Notice shall be provided in accordance with CZO 15.08.050. Additionally, the applicant shall provide notice to (i) any neighborhood organization that represents the citizens within the notice area, (ii) the Zoning Administrator, (iii) the Planning Commission, and (iv) the City Council.
4. Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and applications that are expected to be submitted to the City, answer questions from attendees, and discuss ways in which to resolve the attendees’ concerns.
E. Post Meeting Requirements. A summary of the neighborhood meeting(s) shall be included with any applications submitted to the Zoning Administrator. Failure to submit a complete summary shall result in the respective application being deemed incomplete. The summary shall include:
1. The day, date, time, location, and purpose of the neighborhood meeting(s); 2. A copy of the mailed notice and a list of the people and addresses to whom the notice was sent; 3. The number of attendees and whether anyone attended via telephone or interactive technology; 4. A copy of all materials presented or provided during the meeting; 5. The comments and questions presented by the attendees; 6. The responses to the questions from the attendees; and 7. An explanation of the ways in which the submitted application demonstrates a response to the feedback provided during the neighborhood meeting(s).
F. Nothing shall prevent the applicant from holding, or the Planning Commission or City Council from requiring, additional neighborhood meetings.
G. Failure to give posted, mailed, or published notice as required by this chapter, defects in any notice, or irregularities in the neighborhood meeting shall not invalidate the proceedings if a bona fide attempt to comply with the requirements of this section has been made.
The failure to post notice as required by this section shall not invalidate the proceedings if a bona fide attempt to comply with the requirements of this section has been made.