The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City.

Subd. 1.

Procedure.

(a)

Requests for administrative permits, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner.

(Amended by Ord. No. 2004-02, 01/13/04)

(b)

The application shall be accompanied by a fee as set forth in the City Code.

(Amended by Ord. No. 2010-21, 11/23/10)

(c)

The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter.

(d)

The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon (but not limited to) the following factors:

(1)

Compliance with and effect upon the Comprehensive Plan and public facilities plans.

(2)

The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

(3)

The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

(4)

The establishment of the use, event or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(5)

Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed.

(6)

The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(7)

The use, event or activity and site conform to the performance standards as outlined in Section 21045 and all other applicable provisions of this Chapter.

(e)

The Zoning Administrator shall make a determination on approval or denial of the administrative permit within sixty (60) days from the date of submission of a complete application. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the sixty- (60) day time limit by a time period not to exceed sixty (60) additional days, provided written notice of such extension is provided to the applicant before the end of the initial sixty- (60) day period.

(Amended by Ord. No. 2008-09, 03/25/08)

(f)

A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter shall be attached to the permit.

(g)

Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten (10) days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance.

(h)

Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 21035 of this Chapter.

Subd. 2.

Information Requirement. The information required for all administrative permit applications shall include:

(a)

A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application.

(b)

A copy of the approved site plan for the property or an "as built" survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

(c)

An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

(d)

A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.

(e)

Information identified in Section 21045 of this Chapter, as may be applicable.

Subd. 3.

Performance Standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

Subd. 4.

Administration and Enforcement.

(a)

The Zoning Administrator shall keep a record of applications and administrative permits.

(b)

A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator.

(c)

Enforcement of the provisions of this paragraph shall be in accordance with Section 21050 of this Chapter. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications.

Subd. 5.

Certification of Taxes Paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.

Subd. 6.

Expiration.

(a)

Events or activities requiring an administrative permit. An administrative permit for an event or activity shall become null and void upon completion of the event or activity that required the permit, or as may otherwise be specified on the face of the administrative permit issued by the City.

(b)

Uses requiring an administrative permit. Unless otherwise specified by the Zoning Administrator, an administrative permit required for a use or structure shall become null and void pursuant to the provisions of Section 21045.09 of this Chapter.

(Amended by Ord. No. 2007-05, 01/23/07)

In cases where the Zoning Administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in Section 21025.02, Subd. 1.(d) of this Chapter.