Certain uses are classified in this Development Code as interim uses. Interim uses are allowed temporarily by an interim use permit which is subject to certain conditions and expiration on a particular date, until the occurrence of a particular event, or until this Development Code no longer allows the use. A use allowed by an interim use permit must be consistent with the Town’s comprehensive plan and be compatible with surrounding uses. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. Upon the expiration of a permit, all activities associated with the use allowed by the permit must cease until a new permit is applied for and granted by the Town.
Application:
1. Whenever this Development Code requires an interim use permit, an application shall be filed with the Zoning Administrator.
2. The application shall be accompanied by development plans of the proposed use showing such information as may be deemed necessary by the Town Board.
a. The scale of maps submitted shall be at least 1" to 200'. Maps for sites less than fifty (50) acres shall be at least 1" to 100'. The number of maps and reports to be submitted shall be specified by Town procedure. All maps shall be reduced and included in the applicable reports.
b. Certificate of Survey.
c. Site Plan drawn to scale showing the following information:
1. Existing Conditions. Property lines and dimensions, building location and setbacks, dimensions of buildings, curb cuts, driveways, access roads, parking, off-street loading areas, septic systems, and wells.
2. Proposed Conditions. Property lines and dimensions, building location and setbacks, building dimensions, curb cuts, driveways, access roads, parking, off-street loading areas and any other proposed improvements. d. Landscaping Plan with the following information:
1. Existing vegetation, proposed plantings, plant schedule including information about the plant size, quantity, type and root condition and ground cover.
e. Grading, Drainage and Erosion Control Plan.
f. Soil Conditions.
g. Building Floor Plans.
h. Building Elevations, noting exterior materials.
i. General Location Map.
j. Principal land uses within 200 feet of the property.
k. Proof of ownership in the form of Abstract of Title, Certificate of Title, Attorney’s Title Opinion, unrecorded documents where petitioner will acquire legal or equitable ownership.
l. Type of business or activity and proposed number of employees.
m. Primary and secondary septic systems and well locations.
n. Aerial photograph of site area.
o. An analysis or evaluation of the impact of the proposed use on the health, safety, and general welfare on the occupants of the surrounding lands.
p. A proposed plan for mitigation of any impacts on the health, safety, and general welfare on the occupants of the surrounding lands and the Town.
q. Such other materials as may be required by the policies and procedures adopted by the Town.
The Zoning Administrator on a case-by-case basis may waive certain items in writing.
Notice and Hearing Procedure:
1. Upon receipt of an application that contains all required information, the Zoning Administrator shall refer the matter to the Planning Commission and establish a time for hearing on the application. From the date the Town Clerk-Treasurer receives the application containing all required information, the Town has sixty (60) days to take action on the request or the request shall be deemed approved, provided, however, that the Zoning Administrator may extend this time line by providing written notice of the extension to the applicant before the end of the initial sixty (60) day period. This notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days. The deadline may also be extended as indicated in Minn. Stat. § 15.99 subdivision 3.
2. Notice of the time, place and purpose of all public hearing shall be given by publication in the official legal newspaper of the Town at least ten (10) days before the hearing. The notice shall state the purpose, time and place of the public hearing. Defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this paragraph has been made.
3.To help ensure property owners within the immediate area of a proposed interim use are made aware of the public hearing, the Town will also endeavor to mail notice to properties located within ¼ mile of the property to which the application relates. The Town will use the mailing labels produced by the County and provided by the applicant to send the notice. This notice is not required by law and any failure to provide this additional notice has no effect on the validity of the proceedings.
Criteria for Granting Interim Use Permits:
1. The Planning Commission may recommend to the Town Board to grant an interim use permit in any district, provided proposed use is listed as an interim use for the district and upon a showing of all of the following:
a. The use conforms to the regulations continued herein and is in harmony with the general purposes and intent of this Development Code and the Comprehensive Plan.
b. The date or event that will terminate the use can be identified with certainty.
c. Permission of the use will not impose costs on the public if it is necessary for the public to take the property in the future.
d. The user agrees to all conditions placed on the permit.
2. In determining whether the proposed use is in harmony with the general purpose and intent of this Development Code and the Comprehensive Plan, the Planning Commission shall consider:
a. The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands.
c. The effect of the proposed use on utility and school capacities.
d. The effect of the proposed use on property values and scenic views in the surrounding area.
e. The effect of the proposed use on the Comprehensive Plan.
f. The ability of the proposed use to meet the standards of this Development Code.
g. The effects of the proposed use on groundwater, surface water and air quality.
h. That the proposed use is allowed with an interim use permit in the designated zoning district in which it is proposed.
3.In connection with the issuance of interim use permits to nonconforming situations, the Town Board may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be entered into regarding such matters.
4. The Town Board may impose and the applicant shall pay costs incurred by the Zoning Administrator for monitoring compliance with the conditions of the interim use permit.
Acceptance and Compliance:
An applicant undertaking the use allowed by an interim use permit issued by the Town shall be deemed acceptance by the applicant of the conditions imposed on the permit. The use allowed by an interim use permit shall conform to the applicable sections of this Development Code.
Length of Interim Use:
Any use permitted under the terms of any interim use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. Interim use permits shall remain in effect until they expire on the date or occurrence of the event identified in the permit, or until this Development Code no longer allows the use within the district. The Town shall be notified in writing within ten (10) days of the transfer of the land which is subject to an interim use permit. Said notice shall be provided by the seller of said land and shall include notification of the buyer’s, name, address, telephone number, and certification that the seller has provided the buyer with a copy of the interim use permit and the notice to the Town.
Revocation:
1. A violation of any condition set forth in an interim use permit shall be a violation of this Development Code, and failure to correct said violation within the time period established by the Town Board or no later than thirty (30) days of written notice from the Zoning Administrator may result in the revocation of the permit.
2. Prior to revoking an Interim Use Permit, the Town Board shall provide the permittee at least ten (10) days written notice of a hearing to be held by the Town Board regarding the revocation of the Conditional Use Permit.
3. If, at the conclusion of the hearing, the Town Board determines the violation or violations have not been corrected, it may revoke the Interim Use Permit. As an alternative to immediately revoking the Interim Use Permit, the Town Board may issue a corrective order that, if not fully complied with by the date or dates set out in the order, shall cause the Interim Use Permit to be revoked without further action by the Town Board. The Town shall provide the permittee written notice of a revocation or a copy of a corrective order if one is issued. Once revoked, all uses allowed by the Interim Use Permit shall immediately cease.
Records of Interim Uses:
1. The Town will not file a copy of an interim use permit with the County Recorder or Registrar of Titles.
2. The Town Clerk-Treasurer shall maintain a record of all interim use permits issued including information on the use, location, conditions imposed by the Town, time limits, review dates, expiration date or event, and such other information as may be appropriate.
3. Two copies of as built plans must be submitted to Town upon completion.
Amended Interim Use Permits:
Amended interim use permits shall be requests for changes in conditions of the existing permit. An amended interim use permit application shall be administered in a manner similar to that required for a new interim use permit.
Expiration of Interim Use Permits:
An application for a new interim use permit for a property for which an interim use permit was issued may be submitted before, and in anticipation of, the expiration of the then current interim use permit.
Reapplication:
No application for an interim use permit for a particular use on a particular parcel of land shall be resubmitted for a period of six (6) months from the date of the denial of the previous application.
Planning Commission Decision and Appeal Process:
A decision of the Planning Commission as it relates to an interim use permit is a recommendation to the Denmark Town Board. The matter will be placed on the next Denmark Town Board Regular Agenda and a final decision will be made by the Denmark Town Board, at which time the decision will take effect and shall be considered final. An applicant may appeal such decision by filing an appeal as provided in Minn. Stat. § 462.361 or as may otherwise be provided in law.
Existing Uses:
All uses existing at the time of adoption of this Development Code that now require an interim use permit may continue in the same manner of operation as the use did upon the effective date of this Development Code. Any enlargement, structural alteration or intensification of use shall require an interim use permit as provided for above. Additional reasonable conditions may be imposed for the continuation of such use in accordance with the hearing provisions as set forth in Section 9 of this chapter, Variances and Notice and Hearing Procedure.
Application Checklist:
- Application
- Escrow Policy
- Site Map with any improvements marked (house, building, well, septic, driveway)
- County Certification of No Delinquent Taxes (Washington County Auditor’s Office-651-430-6175)
- Certified list of the names and addresses of all property located within 500 feet of all continuous property. (Washington County Surveyor’s Office-651-430-4300; The county charges a fee for the search and takes 7-10 working days. They will provide you with mailing labels for all the names on the list, submit labels with application)
- Plan/Proposal (in both hard copy and electronic if possible)
- Application Permit Fee:
New IUP: $200.00
Renewal IUP: $100.00
New Mining IUP: $300.00
Renewal Mining IUP: $300.00 - Required Escrow Deposit:
New IUP: $3,000.00
Renewal IUP: $1,000.00
New Mining IUP: $20,000.00
Renewal Mining IUP: $10,000.00 - Landscaping and screening plan
- Finished drainage and grading plan
- Information about the business or activity
- Proposed floor plan and elevations
- Proposed parking plan
- Soil type and limitations for intended use
- Location map
- A map showing all land uses within 500 feet.
*Permit fee and escrow deposit per fee schedule.