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Section 5.2 Building Permit
<br />5.2 (1) No structure shall hereafter be erected, or structurally altered until a building permit shall have been issued indicating that the existing
<br />or proposed structure and the use of land, comply with this Ordinance and all Building Codes. All applications for building permits pertaining
<br />to the erection, or major alteration which will affect the outside dimensions ofa structure shall be accompanied by three (3) copies ofa plat
<br />drawn to scale showing the actual dimensions of the lot, lots or parcel to be built upon, the dimensions of the ground plan and the extensions
<br />beyond the outside wall of the proposed structures to be erected or structurally altered, their location on the site in relation to the outside
<br />boundary and such other information as maybe necessary to provide for the enforcement of th= regulations. One copy of the plat is to be
<br />approved and is to be made available on the site.
<br />Section 5.3 Duties of the Zoning Administrator
<br />5.3 (I) The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority he shall:
<br />A) Conduct inspections of building and use of land to determine compliance with the terms of this Ordinance,
<br />B) Maintain permanent and current records ofthis Ordinance, including but not limited to, all maps, amendments, and conditional uses,
<br />variances, appeals and applications, thereto;
<br />C) Receive, file and forward all applications for amendments, variances, conditional use or other matters to the Planning Commission
<br />and City Council;
<br />D) Institute in the name of the City of Gem Lake any appropriate actions or proceeding against a violator as provided by law;
<br />E) Approve all building permits, submitted by the Building Inspector, after determining that the permit is in compliance with this
<br />Ordinance. This approval must be made before the permit is issued.
<br />5.3 (2) The City Council may, on prior recommendation of the Zoning Administrator, empower the Ramsey County Sheriffin specific instances
<br />to perform any of the acts which the Zoning Administrator is directed or authorized to perform by this Section.
<br />Section 5.4 Variances
<br />5.4 (1) Purpose and Intent. The City Council may grant Variances from the strict applications of the provisions of this Zoning Ordinance and
<br />impose conditions and safeguards in the Variances so granted. These Variances shall be considered in cases where by reason of narrowness,
<br />shallowness, or shape ofa lot or where by reason of exceptional topographic or water conditions or where other extraordinary and exceptional
<br />conditions of such lot exist, the strict application of the terms of the Zoning Ordinance would result in an undue hardship upon the owner of
<br />such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located.
<br />Economic considerations alone shall not constitute undue hardship for which a Variance will be considered or issued if a reasonable use for
<br />the real property exists under the terms of the Zoning Ordinance.
<br />5.4 (2) Application. An application for any Variance from the Zoning Ordinance shall be made on a form provided by the City. If the Variance
<br />is to be considered in association with any other building permits, special or interim use permits, or subdivision, all related applications shall
<br />be submitted simultaneously with the Variance application so as to represent the full intent of the applicant. Tbc application(s) shall be
<br />accompanied by a fee payable to the City in an aggregate amount as established in the City's fee schedule. The application(s) shall state fully
<br />all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the Variance as
<br />required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fcc(s),
<br />and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the
<br />application within sixty (60) days of the date a complete application is accepted unless said required period is extended or waived.
<br />5.4 (3) Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which
<br />shall review the application(s) and hear the applicant or representative thereof at it's first regular meeting following receipt of complete
<br />application(s). To insure preservation or health, safety, and general welfare of the public, the Planning Commission shall have authority to
<br />request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the expense
<br />of the applicant concerning the application.
<br />5.4 (4) Public Hearing. In consideration of the application(s), a public hearing shallbe held before the Planning Commission or the CityCouncil
<br />to receive public comment on the matter. Notice of the public hearing shall be published in the City's official legal publication not less than
<br />ten (10) nor more than thirty (30) days with said notice stating the date, time, place and a summary of the application.
<br />5.4 (5) Referral to City Council. The Planning Commission shall make written findings of fact in accordance with Section 12.1.5 B. Of the
<br />Comprehensive Municipal Plan and recommendation to the City Council which shall include such actions or conditions relating to the request
<br />as may be deemed necessary to carry out the intent and purpose of this Ordinance and the Comprehensive Municipal Plan.
<br />5.4 (6) Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment but not earlier
<br />than thirty (30) days following the first consideration by the Planning Commission, the matter shall be placed on the agenda for a regular
<br />meeting of the City Council, the date of such meeting to be not more than sixty (60) days after the date of receipt of a completed application
<br />unless such date is extended or waived. if no recommendation is transmitted to the City Council by the Planning Commission within thirty (30)
<br />days of it's receipt, the City Council may take action without further communication from the Planning Commission. The City Council shall,
<br />in the form ofa resolution, make a written finding of fact, convey it's decision to approve or deny the application, and impose such conditions
<br />on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority vote of the City Council.
<br />5.4 (7) Issuance of Variance. Following a decision by the City Council to approve or deny the application, the "Zoning Administrator shall
<br />promptly notify the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the
<br />US mail.
<br />5.4 (8) Lapse of Variance. Any Variance issued shall lapse if not acted upon within one (1) year of the date of issuance.
<br />Section 5.5 Special Use Permits
<br />5.5 (1) Purpose and Intent. The City Council may, by resolution, grant Special Use Permits for the uses and purposes described elsewhere in
<br />this Ordinance as Special Uses and may, in the granting of such Special Use Permits, impose conditions and safeguards which promote the
<br />guidelines set forth in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this Ordinance.
<br />5.5 (2) Application. An application for a Special Use permit shall be made on a form provided by the City. if the Special Use Permit is to be
<br />considered in association with any other building permits, variances, interim use permits, or subdivision, all related applications shall be
<br />submitted simultaneously with the Special Use Permit application so as to represent the full intent of the applicant. The application(s) shall be
<br />accompanied by a fee payable to the City in an aggregate amount as established in the City's fee schedule. The application(s) shall state fully
<br />all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as
<br />required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fee(s),
<br />and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the
<br />application within sixty (60) days of the date a complete application is accepted unless said required period is extended or waived.
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