1070.060: - ADMINISTRATIVE PERMITS AND APPROVALS — Corcoran Zoning Code

Subd. 1. Purpose. 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. 2. Administrative Permits.

A. Procedures

Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on an official application form.
A non-refundable fee as set forth by the City Code shall accompany the application.

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.

The Zoning Administrator shall make a determination of approval or denial of the administrative permit pursuant to Minnesota Statutes 15.99.
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 may be attached to the permit.
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 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.
Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 1070.090 of this Chapter.

Subd. 3. Evaluation Criteria. 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:

A. Compliance with and effect upon the Comprehensive Plan and public facilities plans.
B. 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.
C. 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.
D. 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.
E. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed.
F. The use, event, or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.
G. The use, event, or activity and site conform to the performance standards as outlined in Section 1060 and all other applicable provisions of this Chapter.

Subd. 4. Information Requirements. 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 1070.050, as may be applicable.

Subd. 5. 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. 6. 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 1080. Violation of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit applications.

Subd. 7. 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. 8. Non-Permit Approvals. 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 Subd. 2. of this Section.

1070.065: - CERTIFICATE OF COMPLIANCE

Subd. 1. Purpose. The purpose of this Section is to establish regulations and procedures for the processing Certificates of Compliance 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. 2. Certificate of Compliance.

A. Procedures
1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on an official application form.

A non-refundable fee as set forth by the City Code shall accompany the application.
1. 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.
2. The Zoning Administrator shall make a determination of approval or denial of the certificate of compliance permit pursuant to Minnesota Statutes 15.99 as may be amended.
3. 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 may be attached to the permit.
4. 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 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.
5. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 1070.090 of this Chapter.

A. Compliance with and effect upon the Comprehensive Plan and public facilities plans.
B. Compliance with all City Code requirements.
C. 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.

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.

E. 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.
F. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed.
G. The use, event, or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.
H. The use, event, or activity and site conform to the performance standards as outlined in Section 1060 and all other applicable provisions of this Chapter.

Subd. 4. Information Requirements. The information required for all administrative permit applications shall include:

A. A concise statement describing the proposed structure, use, event or activity, including any pertinent information required by the Zoning Administrator to fully evaluate the application.
B. A copy of the approved site plan for the property or a survey which accurately represents existing conditions on the site and which accurately indicates the proposed changes.
C. An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the application.
D. Information identified in Section 1070.050, as may be applicable.

Subd. 5. Administration and Enforcement.

A. The Zoning Administrator shall keep a record of applications and certificates.
B. A copy of all certificates of compliance 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 1080. Violation of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit applications.

Subd. 6. Certification of Taxes Paid. Prior to approving an application for an certificate of compliance, 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 certificate of compliance application relates.

1070.070: - DEVELOPMENT RIGHTS MAP

Subd. 1. Purpose. The Development Rights Map reflects the number of development rights remaining on properties zoned Urban Reserve, Rural Residential, Rural Commercial, and Transitional Rural Commercial. It is intended to show the maximum number of residential and nonresidential lots that may be developed per individual property.

Subd. 2. Non-Transferable. Development rights cannot be transferred, except as allowed by Section 940.050, Subd. 1(8)(5) as part of an Open Space & Preservation Plat. Development rights can be reassigned as part of a lot consolidation, lot line adjustment, or subdivision application.

Subd. 3. Maintenance. The number of development rights shown on the map shall be revised to reflect the number of remaining development rights on property following subdivision of the land. It shall be the duty of the Zoning Administrator to maintain the map as required.

Subd. 4. Appeals. Should an objection to the number of development rights remaining on a particular property arise, the property owner may file an appeal to be heard by the City Council. All appeals should be submitted in writing to the Zoning Administrator and should state the calculation error or provide evidence of a record keeping error justifying the objection. The Council may decide the matter at any regularly scheduled meeting. A property owner may only file a second appeal for the same property if the justification has changed.